HomeMy WebLinkAbout08/22/1983 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
.p f REGULAR COUNCIL MEETING
\rAl 'PLACE: Council Chambers
_A TIME: 7:30 P.M.
DATE: August 22, 1983
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Present x
x x
x x
x x
x x
x A
A. ROLL CALL.
Absent x
x x
x
n x
x B
B. The reading of the Minutes of the Meeting of
A yes A
August 8, 1983, was waived, approved as
written and ordered filed.
Motion x
x C
C. The reading in full of all ordinances and
All Ayes r
resolutions under consideration was waived,
and the City Clerk was directed to read by
titles only.
D. HEARINGS: None.
E. PUBLIC COMMENTS:
1. Herbert Hersh, 93 Pagola, Irvine, addressed H
Handicapped
the Council regarding parking for P
Parking
handicapped in the City, and cited locations
where parking spaces are needed.
Following discussion, it was indicated that
the staff would review the status of
handicapped parking in the City and report
back at a future meeting.
F. CONSENT CALENDAR:
Motion x
x T
The following actions were taken as indicated,
All Ayes e
except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
• (
(a) Proposed Ordinance No. 83 -23, being, O
Ord 83 -23
Mechanical
AN ORDINANCE OF THE CITY OF NEWPORT B
Blowers
BEACH AMENDING CHAPTER 6.04.055 OF (
(44)
THE NEWPORT BEACH MUNICIPAL CODE
RESTRICTING THE HOURS OF OPERATION
OF MECHANICAL BLOWERS.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 83 -84 adopting and P
PW /Specs
approving the '83 and '84 Supplement to R
Res 83 -84
the "Standard Specifications for Public (
(74)
Works Construction" Publication. (Report
from Public Works)
(b) Resolution No. 83 -85 declaring the V
Vacation/
City's intention to vacate a portion of 3
32nd. St
32nd Street; accepting a map showing the R
Res 83 -85
portion of 32nd Street proposed to be (
(90)
vacated; and setting September 12, 1983,
as the date for a public hearing
concerning the intended vacation.
(Report from Public Works)
•
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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ROLL CAL $��(n�GJs August 22, 1983
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(c) Resolution No. 83 -86 declaring the
China Cove/
City's intention to hold a public
Undrgr Utlts
Ij
hearing for the purpose of determining
Res 83 -86
•
whether the provisions of the "Special
(89)'
Assessment. Investigation, Limitations
and Majority Protest Act of 1931" should
or should not apply to the proceedings
for the undergrounding of Utilities in
Assessment District No. 56 (China Cove)
pursuant to the Municipal Improvement
Act of 1913. (Report from Public Works)
(d) Resolution No. 83 -87 declaring the
Vacation/
City's intention to vacate the 20 ft.
Alley
wide alley located between St. Andrews
Res 83 -87
Road and 15th Street; accepting a map
(90)
showing the portion of the alley to be
vacated; and setting September 12, 1983,
as the date for the public hearing
concerning the intended vacation.
(Report from Public Works)
(e) Resolution No. 83 -88 adopting a
Personnel/
Municipal Employee Classification and
Comp Pln'83
Compensation Plan for '83 - '84.
Res 83 -88
(Report from Personnel)
(66)
(f) Resolution No. 83 -89 establishing
Personnel
Uniform Personnel Policies for City
Policies
employees relating to conditions of
Res 83 -89
employment, and rescinding Resolution
(66)
No. 82 -123. (Report from Personnel)
•
3. CONTRACTS/AGREEMENTS:
(a) Approve an Encroachment Agreement with
Permit/
Edward and Judith Selich for 201 Milford
Encroachm
Road; authorize the Mayor and City Clerk
(65)
to execute the agreement; and direct the
City Clerk to record said agreement with
the County Recorder. (Report from
Public Works)
(b) Approve and authorize the Mayor and City
32nd St /City
Clerk to execute lease between
Lease
Shepardson, McCook and the City for
C -1688
lease of City Offices on 32nd Street.
(38)
(Report from City Attorney)
(c) Approve Offsite Parking Agreement
Offsite Prkg
between The Irvine Company and the
Agm -U /P 3050
Blacher family concerning Pas Graphics
(88)
and Ambala Tandoori Restaurant, Inc.,
4040 Campus Drive. (Report from
Assistant City Attorney)
(d) Authorize the Mayor and City Clerk to
Upr Npt Bay
execute Cooperative Agreement -San Diego
Wtrshd /Coop
Creek /Upper Newport Bay Watershed.
Agm- SDiego
(Report from Public Works)
Crk
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(38)
(38)
COUNCIL MEMBERS
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August 22, 1983
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4. COMMUNICATIONS - For referral as indicated:
(a) Removed from the Consent Calendar.
(b) To Traffic Engineering for inclusion in
Trfk Sgnl/
the records, letter of thanks and
Ticonderoga b
appreciation from Newport Crest
Superior
Homeowners Association for the proposed
(85)
traffic signal at Ticonderoga and
Superior Streets being included in the
1983/84 budget.
(c) To City Attorney for response, petition
City Atty /.
from Harvey D. Pease to waive rejection
Pease Claim
of his claim for property damage dated
(31)
June 30, 1983.
(d) To Planning Department and City Attorney
Pus Lic/
for response, letter of complaint
Novak's P1
regarding alleged unsanitary conditions,
(27)
noise, and zoning violations at Novak's
- The Place, 2920 Pacific Coast Highway
from Jim Nugent, and Charlotte W. Munro,
and petition signed by residents living
in the vicinity of Novak's Place.
(e) To Utilities Department for response,
Water Seepg/
letter from Arthur E. Balkwill regarding
Balkwill
ongoing ground water seepage adjacent to
(89)
his property.
(f) To Aviation Committee for report back to
/C Arprt
Council, invitation on behalf of members
(54)
of the Inter- County Airport Authority
(Mayors from the Cities of Stanton,
Garden Grove, Santa Ana, Anaheim) for
Newport Beach to join them in the
development of a solution to mutual
needs for adequate air transportation
services.
(g) Removed from the Consent Calendar.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copy of letter from Mayor Larry Agran,
City of Irvine to State of California,
Secretary of Environmental Affairs,
regarding Outer Continental Shelf oil
lease - 1984.
�I �,
COUNCIL MEMBERS
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(b) Copy of letter from Richard Nichols,
President of the Corona Del Mar
Community Association to Newport -Mesa
Unified School District regarding local
•
School District Obligation in the Sale
of Playground, Playing Field and
Recreation Property.
(c) Notice of Public Hearing by Orange
County Board of Supervisors regarding
Funding Assistance for Cities of Seal
Beach, Huntington Beach and San Clemente
for repair of coastal access piers.
(d) Orange County Local Agency Formation
Commission communication:
1) Resolution No. 83 -44 regarding the
proposed designated Detachment No.
83 -01 from the Costa Mesa Sanitary
District;
2) Resolution No. 83 -48 regarding
revised established Sphere of
Influence for the City of Newport
Beach to include the Beeco property
and reaffirm the balance of the
Sphere of Influence as determined
by Resolution Nos. 73 -145, 74 -100
and 80 -73;
3) Minutes of July 27, 1983; and
•
4) Preliminary Agenda of August 10,
1983.
(e) United States /Mexico Sister Cities
Association, Inc. Newsletter.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Patty Hobson for property damage to
Hobson
radial tire from beach parking lot
spikes on June 3, 1983.
(b) Sophie Horton for property damage
Horton
alleging her vehicle's paint was damaged
while parked at Marine Avenue, Balboa
Island, on August 7, 1983 due to tree
sap.
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(c) Jannine I. Moreland for property damage
Koreland
to her mother's vehicle (Irene M.
Blackburn), which she was driving,
allegedly hit by unmarked Police car at
MacArthur Boulevard and Michelson on
August 15, 1983.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Sandra Alexander for personal injuries,
Alexander
Orange County Superior Court, Case No.
40- 93 -98.
8. REQUEST TO FILL PERSONNEL VACANCIES: (Report
(66)
from the City Manager)
(a) One Police Officer, Police Department.
(b) One Police Clerk, Police Department.
(c) One Payroll Clerk I, Finance Department.
(d) One Equipment Operator II, General
Services.
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Request from Board of Library Trustees
Library
for SPECIAL OCCASION APPROVAL TO SERVE
(50)
•
CHAMPAGNE ON CITY FACILITY.
(b) Removed from the Consent Calendar.
(c) Report from the City Manager concerning
U/P 1717
IN -LIEU PARKING FEE PAYMENT FOR 1983
(88)
(USE PERMIT 1717 /RICK LAURENCE).
10. PUBLIC HEARING SCHEDULING:
September 12, 1'983 -
(a) GENERAL PLAN AMENDMENT N0. 82 -2, a
GPA 82 -2
request initiated by the City of Newport
(45)
Beach to amend the Newport Beach General
Plan for Block 600 of Newport Center so
as to allow the construction of a
325 -room Four Seasons Hotel with related
hotel and :service facilities, including
ballrooms, meeting rooms, cocktail
lounges and restaurants; and the
acceptance of an Environmental Impact
Report. Property located at 600 Newport
Center Drive, on the northeasterly
corner of Newport Center Drive and Santa
Cruz Drive in Newport Center; zoned
C-0-H;
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..._....... �. ...o.. ....,
AND
TRAFFIC STUDY, a request to consider a
Trfk Study
Traffic Study to allow the construction
•
of a Four Seasons Hotel at 600 Newport
Center Drive in Newport Center;
AND
RESUBDIVISION NO. 752, a request to
Resub 752
resubdivide a portion of an existing lot
into four numbered parcels and two
lettered parcels. Parcel No. 1 is for
parking related to the Wells Fargo
Building; Parcel No. 2 is for off -site
Four Seasons Hotel parking; Parcel No. 3
is for the hotel site; Parcel No. 4 is
for existing parking related to existing
office /commercial uses; Parcel "A" is
for a private street; and Parcel "B" is
for landscaping and sign purposes;
AND
SITE PLAN REVIEW NO. 32, a request
3ite Pln Rv
approved by the Planning Commission for
q32
the proposed 325 -unit Four Seasons Hotel
in Newport Center. As required by the
Newport Beach General Plan, a detailed
review of the proposed site plan must be
conducted to evaluate fully the GPA
request and related applications. The
site plan review will determine also the
•
parking requirements by a demonstrated
formula and includes the acceptance of
two-off-site parking agreements. This
proposal also includes modifications to
the Zoning Code so as to allow the use
of compact car spaces and spaces which
are not independently accessible, and
two oversized wall signs. (Report from
the Planning Department)
September 26, 1983 -
(b) PLANNING COMMISSION AMENDMENT NO. 590, a
CA 590
request of The Irvine Company, Newport
94)
Beach, and the Metropolitan Water
District of Southern California, Los
Angeles to amend the Harbor View Hills
Planned Community Text so as to include
2.4 acres of the Metropolitan Water
District Reservoir site (Annexation No.
89) within the boundaries of the Planned
Community and designate said land for
reservoir caretakers' use. The proposal
also includes the addition of a 1.1 acre
site (Resubdivision No. 734) for three
custom residential lots, to Area 11 of
the Planned Community, and the .
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..._....... �. ...o.. ....,
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
August 22, 1983
INDEX
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acceptance of an Environmental Document. The
proposal will also amend a portion of
Districting Map No. 63 so as to reclassify
•
both sites from the Unclassified District to
the Planned Community (P -C) District.
(Report from the Planning Department)
11. PROPOSED CALIFORNIA TRANSPORTATION COMMISSION
3CTD
INTERIM GUIDELINES ON COST SHARING FOR
(54)
HIGHWAY INTERCHANGES AND GRADE SEPARATIONS -
Authorize the staff to support the Orange
County Transportation Commission (OCTC)
Position and Policy. (Report from Public
Works)
12. Removed from the Consent Calendar.
13. HARBOR PERMIT APPLICATIONS - Approve the
Harbor Perm
following applications subject to the
/104 -101
conditions of approval in the staff report:
(51)
(Report from Marine Department)
(a) #104 -101 by The Irvine Company to
revise a bulkhead bayward of 1137
Bayside Drive;
(b) Removed from the Consent Calendar.
14.1 BUDGET AMENDMENTS:
(25)
BA -010, $16,500.00 - Increase in Budget
Appropriations and Increase in Revenue
Estimates - Donations from Friends of the
Newport Beach Library for purchase of
equipment; Library Fund.
The following Transfers in Budget
Appropriations are for Reappropriation of
Prior Years Encumbrances as required by
Governmental Accounting, Auditing and
Financial Reporting (GAAFR):
BA -011, $1,764,728.56 - General Fund.
BA -012, $388,122.64 - Park and
Recreation Fund.
BA -013, $29,726.11 - Library Fund.
BA -014, $2,693.03 - Federal Revenue
Sharing Fund.
BA -015, $170,507.31 - State Gas Tax
(2107) Fund.
BA -016, $385,067.40 - State Gas Tax
(2106) Fund.
BA -017, $283,785.99 - Arterial Highway
Financing Plan Fund.
.
BA -018, $265,896.33 - Tide and Submerged
Lands Fund.
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BA -019, $301,327.92 - Contributions
Fund.
BA -020, $81,504.79 - Building Excise Tax
Fund.
BA -021, $64,557.67 - Water Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A letter of appreciation from Doris M.
eneral Serv/
Crossen regarding the City's prompt action in
larious Dpts
protecting the 38th Street /Newport Island
(44)
Bridge area from flood damage during the
high tides of August 1, 8 and 9, was
presented.
Council Member Heather stated that she
wanted to call the Council's attention to the
subject letter and "echo" the remarks of Ms.
Crossen. She stated she appreciated
"round- the - clock" efforts on the part of the
staff, and wanted them to know their work did
not go unnoticed.
Motion
x
Motion was made to approve the recommended
All Ayes
action on the Consent Calendar, referring the
subject letter to Public Works, General
Services, and Marine Departments for
inclusion in their records.
2. A report from the Marine Department regarding
Harbor Perm
HARBOR PERMIT APPLICATION #105 -2701 by Gerald
11105 -2701
•
L. Thompson to build a rock revetment bayward
(51)
of 2701 Shell Street, was presented.
Council Member Heather expressed her concerns
regarding the subject application, indicating
she felt environmental assessment had not
been adequately addressed.
David Harshbarger, Marine Director, displayed
an aerial photograph of the project site, and
stated it was felt that additional
environmental assessment work would be done
at the Corps of Engineers level.
Sue Anderson of Moffatt and Nichols Engineers
addressed the Council and stated that storm
waves from two major 1983 storms severly
damaged the waterfront home of Mr. Thompson,
and that their firm was requested to develop
alternative structural solutions to mitigate
future storm wave damage. She described the
proposed project and stated it would blend
with the environment in the area.
Ms. Anderson stated that in discussing the
proposal with the City staff, it was
indicated the project would receive a
negative declaration. In discussing the
•
project with the! Army Corps of Engineers, it
Volume 37 - Page 266
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on
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
August 22, 1983
Volume 37 - rage 267
arbor Perm
105 -2701
Trfk /Bayed
Dr & Crntn
(85)
P -1
(69)
Policy
was indicated that they would be doing an
in -house environmental assessment which would
take several weeks. The Coastal Commission
will not schedule consideration of the
project until the City has given conceptual
approval, and this is where the urgency lies,
as they would like to begin construction
before the Winter storms.
Mr. Gerald Thompson, applicant, stated that
he has lived in China Cove for 22 years and
would not construct anything that would
"hurt" the Cove. He felt aesthetic values
would be improved as a result of the project,
and stated that his neighbors were also in
support.
Council Member Heather reiterated her
concerns with respect to an environmental
assessment of this project, and stated that
she needed reassurance that the City was
following the proper procedure in approving
this type of application.
The City Attorney stated that, in his
opinion, the Council was free to approve the
project in concept without being subject to
challenge. He stated that the Corps of
Engineers and the Coastal Commission will, if
deemed necessary, prepare an environmental
assessment.
x
Following discussion, motion was made to
approve the request by Gerald Thompson, in
concept, with the finding that said project
is categorically exempt.
3. A letter from William M. Simpson requesting
investigation regarding alleged unsafe
traffic conditions on Bayside Drive near the
Carnation Street intersection, was presented.
x
Council Member Agee stated that he shared Mr.
Simpson's concerns and has discussed them
with him, as well as the staff. He stated,
that improvements are being made in the area,
but are not yet installed; therefore, motion
was made to approve the recommended action on
the Consent Calendar, referring the subject
letter to the Traffic Affairs Committee for
response.
4. Report from the City Attorney regarding
AMENDMENTS TO CITY COUNCIL POLICY P -1,
ADMINISTRATIVE GUIDELINES FOR THE
IMPLEMENTATION OF THE PROVISIONS OF STATE LAW
RELATIVE TO LOW AND MODERATE INCOME HOUSING
WITHIN THE COASTAL ZONE (Mello Guidelines),
was presented.
Volume 37 - rage 267
arbor Perm
105 -2701
Trfk /Bayed
Dr & Crntn
(85)
P -1
(69)
Policy
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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The City Attorney advised that the Planning
Cncl Policy
Commission has reviewed the proposed
P-1
revisions to Council Policy P -1, and
suggested this item be continued to September
12 in order that their comments can be
formalized into a report.
Motion
x
Motion was made to continue the subject item
All Ayes
to September 12, 1983.
5. Report from the License Supervisor
Permit /Spc]
recommending denial to the American Cancer
Evnts
Society, to sell beer and wine at the Newport
(65)
Dunes in conjunction with the OFFSHORE POWER
BOAT RACE - SPECIAL EVENTS PERMIT, was
presented.
Motion
x
Motion was made to continue the subject item
Ayes
x
x
x
x
to September 12, 1983, as requested by the
Abstain
x
applicant.
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS:
1. HARBOR PERMIT APPLICATION #135 -35 BY GORDON
Harbor Per
STRUBE TO REVISE THE RESIDENTIAL FLOAT
#135 -35
BAYWARD OF #35 LINDA ISLE, was presented.
Strube
(51)
r
Motion
x
Mayor Pro Tem Maurer reported that the
All Ayes
Tidelands Affairs Committee had met at the
applicant's home to review the request, and
following consideration of everything
involved, would recommend that this item be
continued until further action and report
from the Tidelands Affairs Committee.
2. ENVIRONMENTAL QUALITY CITIZENS ADVISORY
EQ /CAC
COMMITTEE.
(24)
Motion
x
Motion was made to confirm (District 6)
All Ayes
Council Member Agee's appointment of Rena
Koppelman, to fill the unexpired term of
James Person, (appointed to Planning
Commission) ending December 31, 1983.
J. CURRENT BUSINESS: None.
K. ADDITIONAL BUSINESS:
1. Report from the Deputy City Attorney
Offshr Oil
regarding PROHIBITION OF OFFSHORE DRILLING
Drlg
ACTIVITIES FOR FISCAL YEAR 1984, was
(87)
presented.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\&[ �� � A�G��p9 �� ;��G�� August 22, 1983
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Motion
x
Motion was made to adopt Resolution No.
Res 83 -90
All Ayes
83 -90, supporting the House of
Representatives adopted provisions and any
additional provisions in the Fiscal Year 1984
Department of Interior Appropriations bill,
which will postpone.offshore oil drilling
acitvities not already in place throughout
the entire coast of the State of California.
The meeting adjourned at 8:30 p.m.
a r
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