HomeMy WebLinkAbout07/25/1983 - Regular MeetingPresent x x x x
Absent x
on x
Ayes
Motion x
All Ayes
10
c0
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: July 25, 1983
x A. ROLL CALL.
B. The reading of the Minutes of the Meeting of
July 11, 1983, was waived, approved as
written and ordered filed.
C. The reading in full of all ordinances and
resolutions 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
Council review of VARIANCE NO. 1099, a
request of MR. AND MRS. M. GEYER, Corona del
Mar, approved by the Planning Commission at
its meeting of June 23, 1983, to permit the
addition of a master bedroom, bath and
second -floor deck to an existing
single - family dwelling located at 3121 Third
Avenue; zoned R -2. Said proposal will
increase the existing nonconforming
conditions of the property inasmuch as the
project constitutes an expansion of living
area without providing an additional
off - street parking space; the project will
further increase the gross floor area beyond
the allowable 1.5 times the buildable area of
the site; and will require a modification to
the Municipal Code as the proposed addition
will encroach into the required front and
rear yard setback areas.
Report from the Planning Department, was.
presented.
The City Clerk advised that after the
printing of the agenda, two letters were
received in opposition to granting the
variance from Carol B. Pangburn of Pangburn
Properties, and William C. Taylor of 512
Larkspur Avenue.
Bill Geyer, 3121 Third Avenue, applicant,
addressed the Council and stated he had
contacted over 35 of the immediate neighbors
regarding his project, and all of them
appeared to be in support. He stated that he
had been working with the City Attorney
regarding a deed restriction to be imposed on
the property, which he cited, and had agreed
to. He commented that his wife was going to
have a baby and their current living area was
only 650 sq. ft. He urged the Council to
grant their request.
Volume 37 - Page 234
Variance
1099 /Geyer
(91)
ANN
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Hearing no one else wishing to address the Variance
Council, the public hearing was closed. 1099
Council Member Heather entered the meeting at this
time.
Motion
x
Motion was made to sustain the decision of
the Planning Commission, and grant Variance
No. 1099.
Motion
x
Discussion ensued, wherein Mr. Geyer was
All Ayes
asked to address the Council again, and the
public hearing was, therefore, reopened.
Council Member Strauss asked Mr. Geyer if
there was not some other way to add to the
dwelling without going over the permitted
floor area.
Mr. Geyer responded that the proposed
addition could be reduced somewhat, but that
it would not then meet their needs, and yet
still be a very costly project.
The public hearing was closed.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
Council Member Strauss stated that he voted —
"no" on the motion, not because he was
is
opposed to the subject application, but
approving the variance could set a precedent
for other properties.
E. PUBLIC COMMENTS: None.
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: None.
3. CONTRACTS /AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Authorize the Mayor and City Clerk to Balboa B1
execute a Consultant Agreement with dng /33rd-
Michael Brandman and Associates to 4th Sts
prepare an engineering feasibility study —2408
and Environmental Impact Report (EIR) (38)
for the Balboa Boulevard Widening from
33rd Street to 44th Street. (Report
from Public Works)
Volume 37 — Page 235
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4. COMMUNICATIONS - For referral as indicated:
(a) For acceptance and referral to Parks, PB &R
Beaches and Recreation Director, request (62)
from Mr. and Mrs. Jack Wuertz to donate
a young tree or flowering shrub to be
placed in the Carol Beek Center and Park
on Balboa Island in memory of Gerald F.
Gillard.
(b) To Finance Department for consideration, Finance
suggestions from J. R. Davison regarding (40)
replacement of aging City Department
vehicles with Police patrol vehicles
that are being taken out of service.
(c) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Letter of thanks from Mr. and Mrs.
Feldman expressing the expeditious
handling by the City regarding the trees
on end of Walnut Street.
(b) Orange County Local Agency Formation
Commission Preliminary Agenda for July
27, 1983.
(c) Notice of Application for Authority to
Adopt Intrastate Access Charge and
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Tariffs and Notice of Amendment to
Application for an Increase in Rates
from Pacific Telephone and Telegraph
Company.
(d) Status of Application #83- 01 -17, ICC No.
MC -1515 (sub. No. 333), of Greyhound
Lines, Inc.'s proposed abandonment of
passenger bus services to over 99 points
in California, from Public Utilities
Commission.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Rex Burrows seeking reimbursement for Burrows
property damage to ten -speed bicycle
wheel, allegedly sustained by defective
storm drain cover at Hospital Road and
Newport Boulevard on June 30, 1983.
(b) Theodore M. DePierro alleging property DePierro
damage to vehicle tire as a result of
metal object in roadway at Superior
Avenue and Coast Highway on July 2,
1983.
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(c) John Patrick Hill alleging unnecessary
Hill
forceful and accusing conduct by Police
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Officers at Corona del Mar Beach on July
4, 1983.
(d) James P. Trimble alleging wrongful
Trimble
arrest by Police Department at 5219
River Avenue on May 13, 1983.
7. SUMMONS AND COMPLAINTS: For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Leo Dardarian, Inc., Orange County
Dardarian
Superior Court Case No. 33- 87 -56.
(b) Rupert Mark Medina, U.S. District Court,
Medina
Case No. 83 -4358. Claim was denied by
City Council on January 10, 1983.
(c) Daniel and. Susan Thrower, Orange County
Thrower
Superior Court, Case No. 40- 37 -56.
Claim was denied by City Council on
November 22, 1982.
8. REQUEST TO FILL PERSONNEL VACANCIES - (Report
(66)
from the City Manager)
(a) One Police. Clerk, Police Department.
(b) One Engineering Aide I, Public Works.
(c) One Building Maintenance Man II, General
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Services.
9. STAFF AND COMMISSION REPORTS:
For Council information and filing:
(a) Citizens Environmental Quality Advisory
PW /Arches
Committee request for INTERIM
Bridge
IMPROVEMENT OF ARCHES BRIDGE OVER COAST
(74)
HIGHWAY TO INCREASE PEDESTRIAN AND
BICYCLE SAFETY.
For Council information and approval:
(b) Report from Executive Assistant to the
PB &R /Walnut
City Manager regarding TREES AT END OF
St Trees
WALNUT STREET AND LETTER OF AL AND DORIS
(62)
FELDMAN.
(c) Removed from the Consent Calendar.
(d) Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
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(f) REPORTS REGARDING ELECTION OF s /Cmsn
OFFICERS -- BOARDS AND COMMISSIONS: Ofcrs
(24)
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1) Board of Library Trustees
2) Civil Service Board
3) City Arts Commission
4) Parks, Beaches and Recreation
Commission
5) Planning Commission
(g) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING: None.
11. RESUBDIVISION NO. 744 - Approve a Subdivision Resub 744
Agreement guaranteeing completion of the (88)
public improvements required with
Resubdivision No. 744; and authorize the
Mayor and City Clerk to execute said
agreement (Lot 9, Block 218, Section B and a
portion of Section 33, Township 6 South,
Range 10 West, located at 1819 West Bay
Avenue, on the southerly side of West Bay
Avenue, between 18th Street and 19th Street
on the Balboa Peninsula). (Report from
Public Works)
12. HARBOR PERMIT APPLICATION 41135 -35 BY GORDON Harbor Perm
STRUBE - Defer application to revise the Ap141135 -35/
residential float bayward of 4135 Linda Isle Strube
to August 8, as requested by the applicant. (51)
(Report from Marine Department)
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13. Removed from the Consent Calendar.
14. GABI CONSTRUCTION - Uphold the city Wtr Mn Rplcm
Attorney's recommendation to defer action on C -2221
request for release of funds held pursuant to (38)
stop notice (Contract No. 2221) Gabi
Construction -Water Main Replacement Program.
(Report from City Attorney)
15. BUDGET AMENDMENTS: None.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Parks, Beaches and Recreation Arts Cmsn/
Director for authorization to ARTS COMMISSION PB &R
TO RAISE FUNDS FOR THEIR PROPOSED "ART ON THE (62)
MOVE" PROGRAM SCHEDULED FOR OCTOBER 6, 1983;
AND TO RAISE FUNDS FOR THE "ARTS FESTIVAL" TO
BE HELD IN MAY 1984, was presented.
Motion
x
Council Member Strauss stated that Council
Policy F -18 FUND RAISING, does not allow a
City Board, Commission or Committee to
independently raise funds on behalf of their
programs and activities, and indicated he did
not feel it was proper to establish a City
policy, and then not follow it. He,
therefore, made a motion to not approve the
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request to raise funds at this time.
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It was pointed out that the request by the
Arts Commission was to raise funds for two
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activities, i.e., the 11Art on the Move"
program, and the "Arts Festival." Also, if
the Arts Commission was considering a
modification to Council Policy F -18, they
could submit a request in October.
Council Members Plummer, Agee and Heather
spoke in favor of the request.
Ayes
x
Following discussion, Council Member Strauss
Noes
x
x
x
x
x
x
restated the motion to support Council Policy
F -18, and not make exception for the events
requested, which motion FAILED.
Motion
x
Motion was made to approve the request, as
Ayes
x
x
x
x
x
x
set forth in the subject report.
Abstain
x
It was indicated that the Council would
review Council Policy F -18, FUND RAISING, in
October.
2. Report from the Planning Department regarding GPA /5thAv/
PROPOSED GENERAL PLAN AMENDMENTS (FIFTH McArth /Npt
AVENUE /MACARTHIIR AND NEWPORT CENTER), was Ctr
presented. (45)
In response to Council inquiry, it was noted
that the recommendation was only to direct
the Planning Commission to initiate hearings
to consider modifications to the General Plan
for the two areas designated in the staff
report.
Motion
x
Motion was made to direct the staff to set
the proposed General Plan Amendments for
public hearing before the Planning
Commission, after preparation of any
necessary environmental documents.
Richard Nichols, 519 Iris Avenue, President,
Corona del Mar Community Association,
addressed the Council regarding the subject
of park credits and in -lieu fees.
John Kelley, 7171 Goldenrod Avenue, addressed
the Council and stated that he lived adjacent
to Fifth Avenue and MacArthur, and questioned
how the subject: area was selected.
The City Manager responded that a number of
areas have been suggested for consideration,
i.e., Avocado cuplet area, Fifth
Avenue /MacArthur Avenue, and the North Ford
Area.
The Planning Director advised that it would
be staff's intention to hold the hearings on
all of the subject sites as close together as
•
possible.
Volume 37 - Page 239
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Barbara Humphreys, 2721 Fifth Avenue,
addressed the Council and expressed
opposition to the Fifth Avenue sites being
•
considered as an option. She indicated that
the open space in the area should be
protected and not developed.
All Ayes
The motion on the floor was voted on and
carried.
3. A request by the CALVARY CHAPEL FOR SOUND
Permit/
AMPLIFICATION PERMIT at 5105 Seashore on July
Calvary Chpl
29, 1983 from 5:00 p.m. to 9:30 p.m., was
(65)
presented.
Motion
x
Motion was made to grant the request with a
change in time from 5:00 p.m. to 8:30 p.m.
Veronica Young, representing Calvary Chapel,
addressed the Council. and stated that it was
their intention to end the concert at dusk
and, therefore, they were agreeable with the
change in time.
All Ayes
The motion was voted on and carried.
4. A request from the Arts Commission requesting
Arts Cmsn/
BUDGET APPROPRIATIONS FOR CITY HALL GALLERY
PB6R
IMPROVEMENTS AND "ARTS ON THE MOVE" program,
(62)
was presented.
It was noted that the request was for $5,000
for the City Hall Gallery refurbishment, and
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$4,000 for the "Art on the Move" fall program
from the RESERVE FUND FOR CULTURE AND ARTS,
Council Policy F -20.
The City Manager indicated he felt the
request regarding the City Hall Art Gallery
should be considered with the next budget.
With respect to the "Art on the Move"
program, he stated he felt more information
should be provided to the Council prior to
approval of the funds.
Novell Hendrickson, Chairman of the Arts
Commission, addressed the Council in support
of their request. She stated that the Arts
Commission has had funds in their budget for
City Hall refurbishment for the past two
years, which has gone back into the General
Fund because it was not appropriated by the
end of the fiscal year. She felt these funds
could be put towards their request.
Patti -Gene Sampson, Member of the Arts
Commission, addressed the Council and
summarized the "Art on the Move" program
scheduled for October 6 from 5 p.m. to 8 p.m.
Volume 37 - Page 240
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July 25, 1983
INDEX
at Newport Center. She stated there will be
Arts Cmsn
five different locations within the Center
where all forms of art from jazz to opera,
paintings, photography, etc., will be
displayed. She stated that the Steering
Committee consists of representatives from
various businesses, the Art Museum; library,
etc., who are extremely enthusiastic about
the show. She felt that in years to come the
program would be self - supporting because of
the interest already being shown by the local
businesses.
X
Motion was made to approve the appropriation
of $4,000 from the Reserve for Culture and
Arts for the "Art on the Move" program, and
to approve an appropriation of $5,000 for the
City Hall Art Gallery refurbishment.
Council.Member Cox spoke against the motion,
indicating he felt the requests should have
been considered at budget time, as is done
with the Board of Library Trustees, and other
similar requests. He stated that this was a
new program and he did not view the funds
reserved for culture and arts to be used for
some type of commercial venture. He felt it
should be something that represents some
permanency and a more thought -out planned
program.
Council Member Cox stated that approximately
two years ago he personally requested the
Arts Commission to develop a plan for the
reserve funds for culture and arts, which he
has never seen. He stated that he did not
feel it was appropriate for the City Council
to take a "flyer" on a new venture using the
reserve funds, which does not have total
community involvement and total proof of its
worthiness.
Council Member Heather stated that during the
budget process, the Arts Commission did come
to the City Council with their ideas and
recommendations for improving the City Hall
Art Gallery, and that she intended to add
their request to the budget "checklist," but
did not feel she had the support of the
Council.
x
x
x
x
x
The motion was voted on and carried.
X
x
5. Report from Traffic Affairs Committee
Trfk Sign/
recommending DENIAL OF REQUEST FOR THREE -WAY
Poppy b Sea-
STOP SIGN AT POPPY AND SEAVIEW AVENUES, was
view
presented.
(85)
Volume 37 - Page 241
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The City Clerk advised that after the Trfk Sign/
printing of the agenda, two letters and one Poppy &
petition from residents in the area were Seaview
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received in support of the Traffic Affairs
Committee's recommendation.
Council Member Agee and Mayor Pro Tem Maurer
stated their reasons why they felt a
three -way stop sign should be installed at
Poppy and Seaview Avenues.
The following persons addressed the Council
and spoke in favor of the request for a stop
sign:
Wally Ziglar, 327 Poppy Avenue
Virginia Fouts, 307 Poppy Avenue
Leslie Bruce, 309 Poppy Avenue
Leo Fracalosy, 317 Poppy Avenue
The following persons addressed the Council
and spoke against the installation of the
stop sign:
Dennis Clendenen, 250 Poppy Avenue
Velma O'Brien, 243 Poppy Avenue
Frank Clendenen, 250 Poppy Avenue
Motion
x
Motion was made to adopt Resolution No.
83 -81, authorizing the installation of a
three -way stop sign at Poppy and Seaview
Avenues.
•
Council Member Strauss expressed his reasons
for not supporting the motion.
Council Member Plummer indicated she would
like a review of the intersection within a
reasonable time following installation of the
stop signs, but no Council action was taken.
Ayes
x
x
x
x
x
The motion was voted on and carried.
Noes
x
Abstain
x
6. A report from Public Works recommending the Little Bal
Mayor and City Clerk be authorized to execute Is Brdg
an Agreement for Professional Engineering Rehab/
Services with William M. Simpson, Consulting C -2407
Structural Engineer for Little Balboa Island (38)
Bridge Rehabilitation, was presented.
Motion
x
Mayor Pro Tem Maurer stated that the proposed
All Ayes
project includes the replacement of the
existing stairways with ramps, sidewalk
widening, and new railings, and will enhance
the entrance to Little Balboa Island
Therefore, motion was made to authorize the
Mayor and City Clerk to execute the subject
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agreement.
Volume 37 - Page 242
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7. Report from License Supervisor regarding Barrette
E.GADS RESTAURANT DANCING PERMIT, was Saloon/
presented. E.gads
U/P 1717(A)
Mayor Pro Tem Maurer reported that he had (88)
dined at The Rex restaurant recently to see
if the music from E.gads, which adjoins The
Rex, could be heard. He stated that he could
feel the vibrations from the amplified music
in his feet while he was having dinner. He
also saw the new hotel currently under
construction, where he again heard the music
from E.gads and felt the vibrations in his
feet.
Mayor Pro Tem Maurer stated he noticed that
the doors to E.gads were open while the music
was being played, which appears to be a
violation of the Use Permit.
Motion
x
In view of the foregoing, motion was made to
All Ayes
schedule a public hearing for August 8, 1983
for review of compliance with the conditions
of approval for Use Permit 1717(Amended).
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS: None.
J. CURRENT BUSINESS:
1. ENVIRONMENTAL QUALITY CITIZENS ADVISORY /CAC
COMMITTEE: (24)
Moon
x
Motion was made: to defer (District 6) Council
All Ayes
Member Agee's appointment to August 8, to
fill the unexpired term of James Person
(appointed to the Planning Commission),
ending December 31, 1983.
2. Report from the! City Manager with proposed inane /TOT
Ordinance regarding TRANSIENT OCCUPANCY TAX, (40)
was presented.
Mayor Hart and Mayor Pro Tem Maurer stated
they would prefer delaying first reading of
the ordinance pending receipt of information
concerning the State's budget and impacts on
Newport Beach.
Motion
x
Council Member Strauss indicated he was
opposed to waiting three months to consider
this item again., and therefore, made a motion
to place the ordinance on the August 8, 1983
agenda for action.
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Volume 37 - Page 243
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The City Manager advised that the budget just
adopted by the State legislature will reduce
.
the City's revenue from vehicle license fees,
cigarette taxes, and business inventory tax
by $2,051,626. In the preparation of the
City's 1983 -84 Budget, the staff anticipated
a loss from these sources of approximately
$1,373,000. Therefore, the current budget
will be impacted by $678,000 less in State
revenues than anticipated.
Ayes
x
x
x
Following comments by Council, the motion was
Noes
x
x
x
x
voted on and FAILED.
Motion
x
In view of the foregoing, motion was made to
All Ayes
place the proposed ordinance on the agenda of
September 26, 1983.
3. Report from Public Works regarding APPEAL OF
Curb Cut/
JAMES M. MCCULLOCH FROM DENIAL OF CURB CUT
McCulloch
PERMIT FOR 3012 BROAD STREET, was presented.
(80)
Letter from James M. McCulloch regarding
appeal request, was presented.
Council Member Heather was excused from the
meeting at this time.
It was recommended by the staff that if the
appeal is allowed, it be subject to raising
the lowest point of the garage floor and /or
first floor of the proposed structure
approximately l'h feet to an elevation above
the lowest part of the back of the driveway
approach apron.
It was further recommended that the following
language be added as a condition of approval:
"That for the purpose of keeping the
proposed dwelling above curb, and for
purposes of measuring the height of the
dwelling unit to be constructed on the
site, grade shall be measured 22 inches
above the existing grade of the site.
The applicant is further instructed to
work with the Planning Department in
keeping the height of the proposed
structure as close as possible to the 24
foot height limit, which would have been
measured from existing grade."
Jim McCulloch, applicant, addressed the
Council and indicated he had no objections to
the recommended conditions of approval.
Motion
x
Motion was made to grant the appeal, subject
All - Ayes
to the recommended conditions of approval, as
set forth in the foregoing by the Director of
Public Works.
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4. Resolution from the Orange County Sanitation
0/C Sntn Dst
District, urging each member agency to have a
(54)
single director to represent all districts of
which the agency is a member, was presented.
Motion
x
Motion was made to confirm Mayor Evelyn Hart
All Ayes
as Director representing Newport Beach for
Districts 5, 6 and 7, Council Member Plummer
as Director in District 5 with Council Member
Heather as Alternate; and Mayor Pro Tem
Maurer as Alternate to Mayor Hart for
Districts 5, 6 and 7.
5. League of California Cities, Sacramento,
Organz /Leag
California, request to return "voting
CA Cities
delegate form," as soon as possible, with
(61)
designation of voting delegate for League
Annual Conference Business Session to be held
on Wednesday morning, October 5, at 10:00
a.m., in the San Francisco Hilton Hotel, was
presented.
Motion
x
Motion was made to designate Mayor Hart as
All Ayes
voting delegate; and authorize the City Clerk
to transmit to League of California Cities.
K. ADDITIONAL BUSINESS: None.
Meeting was adjourned at 9:50 p.m.
Mayor,
ATTEST:
City Clerk
M
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