HomeMy WebLinkAbout09/26/1983 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
\V0 O .j .p d, REGULAR COUNCIL MEETING
f PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL ���'A SS DATE: September 26, 1983
MINUTES
INnFY
A plaque was presented by Bud Schroeder of the
Automobile Club of Southern California to the City
of Newport Beach for 1982 Outstanding Pedestrian
Program Activities.
The Mayor presented permaplaqued Certificates of
Appreciation to the following:
Debra Allen, former Planning Commissioner
Stan Cole, former Parks, Beaches & Recreation
Commissioner
Walter Ziglar, former Arts Commissioner
Jean Hilchey, former Board of Library Trustee
i
Newton Ruston, former Civil Service Commissione
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the Meeting of
All Ayes
September 12, 1983, was waived, approved as
written, and ordered filed.
Motion
x
C. The reading in full of all ordinances and
All Ayes
resolutions under consideration was waived,
and the City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Hart opened the continued public
Vacation/
hearing regarding VACATION OF THE EXISTING
Alley
20 -FOOT ALLEY BETWEEN ST. ANDREWS ROAD AND
15th'&
15TH STREET.
St. Andrews
(90)
•
'Report from Public Works, was presented.
It was noted that this hearing had been
continued from September 12 in order to give
St. Andrews time to obtain letters from the
utility companies to allow the total easement
to be vacated.
The City Manager advised that the utility
companies have provided letters to St.
Andrews Church and the City, stating that an
easement will not be needed for their
facilities,.and therefore, recommended
adoption of the resolution under
consideration.
.Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No. 83 -94
Res 83 -94
All Ayes
vacating the alley between St. Andrews Road
and 15th Street, the vacation to be
conditioned upon the recordation of
Resubdivision No. 723; and make_the findings
as recommended in the staff report.
Volume 37 - Page 288
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAl + ; f ROLL 1� "r'G0 September 26, 1983
MINUTES
INDEX
2. Mayor Hart opened the public hearing
Ord 83 -24
regarding Ordinance No. 83 -24, being,
Zoning
(94)
•
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF DISTRICTING
MAP NO. 63 SO AS TO RECLASSIFY PROPERTY
FROM THE UNCLASSIFIED DISTRICT TO THE
PLANNED- COMMUNITY (P -C) DISTRICT,
PLANNING COMMISSION AMENDMENT NO. 590, a
PCA 590
request of The Irvine Company, Newport 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 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, was
presented.
Dave Dmohowski of The Irvine Company,
addressed the Council and responded to
question of Council Member Strauss regarding
the three single - family dwellings to be
constructed on the site.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 83 -95
All Ayes
83 -95, amending the Harbor View Hills Planned
Community Text; and adopt Ordinance No.
Ord 83 -24
83 -24, amending a portion of Districting Map
No. 63 to reclassify property from the
Unclassified District to the Planned
Community District.
3. Mayor Hart opened the public hearing
U/P 3042
regarding appeal of BOA CHRISTIANSON, dba,
(88)
BALBOA BAKERY from denial by the Planning
Commission on August 4, 1983 of USE PERMIT
NO. 3042, a request to establish a take -out
restaurant facility with incidental dining on
property located at 301 Main Street, Central
Balboa; zoned C -1. The proposal also includes
a request to waive all of the required
offstreet parking spaces for said take -out
restaurant.
•
Report from the Planning Department, was
presented.
Volume 37 - Page 289
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
9c�F0fI9
ROLL CALL Z��p�%G�tP September 26, 1873
,MINUTES
INDEX
Appeal application with letter from James M.
U/P 3042
Parker, Attorney, was presented.
•
James Parker, Attorney representing
applicant, addressed the Council in support
of the appeal. Be stated that applicant
wants to offer light, precooked breakfasts
and lunches. There are 3 tables which can
accommodate 15 patrons. The maximum number
of employees is .3 at any one time. With
respect to in -lieu parking fees, they feel
that the 11 in -lieu parking spaces approved
by the Planning Commission would create a
hardship on the business, and that the
purchase of 3 in -lieu parking spaces would be
more equitable.
Nada Hannaford, owner of the subject
property, addressed the Council and cited
other establishments in the area which were
not required to purchase in -lieu parking
spaces, and spoke against the recommendation.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
During course of discussion, motion was made
All Ayes
to reopen the public hearing.
Mr. Parker addressed the Council again, and
reiterated that the applicant was willing to
purchase 3 in -lieu parking spaces, but any
additional amount was felt to be
•
unreasonable. He stated that they were also
willing to accept certain restrictions with
respect to occupancy load.
Mayor Hart closed the public hearing.
Motion
x
Motion was made to overrule the decision of
Ayes
x
x
x
x
x
the Planning Commission, based on the
Noes
x
x
findings designated as Exhibit "B, "subject to
the following conditions that:
1).three in -lieu parking spaces be
purchased on an annual basis;
2) no more than 3 tables and 15 chairs,
available to the general public shall be
permitted;
3) the Use Permit be reviewed one year
from this date; and
4) the Planning Commission may add,
and /or modify conditions of approval to
this Use Permit on a determination that
the operation, which is the subject of
this request, causes injury or is
detrimental to the health, safety and
.
welfare of the community.
Volume :17 - Page 290
COUNCIL MEMBERS
RAI 1 ral I 'P 'A sif► September 26, 1983
MINUTES
INDEX
4. Mayor Hart opened the public hearing
China Cove/
regarding proposed SPECIAL ASSESSMENT
Undrgr Utlts
DISTRICT TO UNDERGROUND UTILITIES IN CHINA
(89)
•
COVE (ASSESSMENT DISTRICT NO. 56).
Report from Public Works, was presented.
The City Clerk reported that after the
printing of the agenda, a letter was received
from Elizabeth Scofield, 2627 Way Lane, in
opposition to the proposed assessment.
The City Manager summarized the staff report
and noted that initially 63% of the area had
requested the improvements.
The Director of Public Works explained
exhibits on display showing boundaries of the
proposed district, land represented by
petitioners, and land represented by
objectors.
The following persons addressed the Council
in support of the project:
Gary Hamilton, 2727 Ocean Boulevard
Evelyn Frost, 2704 Cove Street
John Hamilton, 2735 Ocean Boulevard
Jerry Thompson, 2701 Shell Street, submitted
a letter in protest from Mary Belle Sauter
Cox of 2708 Shell Street.
•
Mr. Thompson stated that since his utilities
are already placed underground, he would
request that he be exempt from the assessment
district.
Stanley Thompson, 2709 Cove Street, stated
that he could not support the project until
he knew his share of the cost.
Warren James, 2627 Cove Street, stated that
he would only receive minimal benefit from
undergrounding the utilities, and he would
hope that this would be kept.in mind when the
costs are apportioned. He stated that he
also spoke for the Pursell family at 2623
Cove Street.
Motion
x
Following discussion, motion was made to
All Ayes
continue the public hearing to October 24,
1983, and direct staff to prepare report .
recommending appropriate actions in
accordance with testimony received. Report
to include estimated cost to be assessed to
each of the property owners, as well as the
City's share, should it participate in the
project.
•
Volume :37 - Page 291
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL\L �'ROLL 'Q ��G�S September 26, 1983
MINUTES
7`bli
5. Mayor Hart opened the public hearing and
U/P 1677(A)
Council review of USE PERMIT NO.
6 Var 1106
1677(AMENDED) AND VARIANCE NO. 1106, requests
(88)
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of the STUFT NOODLE RESTAURANT, Newport
Beach, approved by the Planning Commission on
August 4, 1983, to amend a previously
approved use permit which allows on -sale beer
and wine so as to allow further expansion of
the Stuft Noodle Restaurant and permit lunch
time operations during the week. Variance
No. 1106 is also requested so as to waive the
additional offstreet parking spaces that
would be required in conjunction with the
requested expanded operation. Property
located at 215 Riverside Avenue, at the
northwest corner of Avon Street and Riverside
Avenue, across the street from the post
office; zoned SP -5.
Report from the Planning Department, was
presented.
Maurice Parole, owner of the Stuft Noodle,
addressed the Council in support of his
request. He stated that due to a decline in
business, it is necessary he be opened for
lunch, and that only the front dining area
would be open at that time. He stated that
he has permission from the Shell Gas Station
on the corner of Riverside Drive and West
Coast Highway to utilize 8 to 12 parking
spaces. In addition, the landlord of the
restaurant property has allowed him 13
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parking spaces adjacent to the building.
Charlene Goldberg, daughter of the applicant,
addressed the Council, and concurred with her
father's remarks.
Bob Boland, 2018 Nautilus Lane, addressed the
Council with respect to parking and indicated
he felt the lunch trade would only add to the
already congested parking problem.
Randy Parole, son of the applicant, stated
his reasons why he felt there was sufficient
parking.
Barney Larks, 1901 Beryl Lane, addressed the
Council in support of the request, and
indicated he felt there was adequate parking.
The Planning Director reviewed the history of
the parking situation in the area, prior to
the time Mr. Parole took over the Stuft
Noodle.
Hearing no others wishing to address the
Council, the public hearing was closed.
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Volume 37 - Page 292
COUNCIL MEMBERS
Ia 0 L L N;$��GSS+
Motio
•
Motio
Ayes
Noes
Ayes
Noes
•
MINUTES
September 26, 1953
INDEX
n
x
Motion was made to sustain the decision of
U/P 1677(A)
the Planning Commission, with the provision
& Var 1106
that Condition No. 5 be amended to include
that directional signs shall be installed
designating the parking available to rear of
building.
n
x
Substitute motion was made to modify the
x
x
x
decision of the Planning Commission, based on
x
x
x
x
the findings and conditions of approval for
Use Permit No. 1677(Amended) and the denial
of Variance No. 1106, designated as Exhibit
"C" of the staff report, which motion FAILED.
x
x
x
x
The motion on the floor was voted on and
x
x
x
carried.
6. Mayor Hart opened the public hearing pursuant
Ambulance
to Newport Beach Municipal Code Section
Services
5.14.150 regarding proposed ambulance service
(22)
rate increases.
Report from Executive Assistant to the City
Manager, was presented.
The City Clerk reported that after the
printing of the agenda, a letter was received
from Seal's Ambulance Service, requesting a
rate increase, as set forth in said letter.
The City Manager summarized the staff report,
wherein it was pointed out that the three
services currently within the City are
Seal's, Schaefer, and Medix Ambulance
Services. Seal's has requested an increase
in their service rates to match recent
increases approved by the County. Medix
has proposed a rate increase somewhat less
than that proposed by Seal's, contingent upon
Medix receiving a similar exclusive
arrangement. Medix, however, only has a
limited Certificate of Public Convenience and
Necessity, and may not provide emergency
services within the City. Medix has offered
to locate two ambulances and establish an
office in Newport Beach if given an exclusive
arrangement.
The City Manager stated that using the
Ambulance Cost Index and the Consumer Price
Index, as shown on Table I, a rate increase
of 52% appears justified. Seal's is
requesting an increase of approximately 60%,
and Medix proposes an increase of 25% to 50 %.
Based on the representations of Medix and the
requirements of the Fire Department, it was
recommended by the staff that a rate increase
be granted equivalent to that proposed by
Medix. Additionally, it was recommended that
the City Council reconsider the request of
Volume 37 - Page 293
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAl +0 ? f � � F.A September 26, 1983
ROLL 'Q
MINUTES
mmy
Volume 37 - Page 294
Seal's after a period of six months, during
Ambulance
which time Medix may apply for a full
Services
Certificate of Public Convenience and
(22)
•
Necessity, and if successful, subsequently
arrange with the Fire Department a
probationary system to assess the ability of
Medix to provide emergency ambulance service
within the City.
Phil Gazzo, Vice President of Operations,
Schaefer Ambulance, addressed the Council,
and stated that Schaefer Ambulance has
provided backup service to Seal's for some
time now. He stated that Medix has "no track
record" and he was concerned with the rates
proposed by Medix, as compared with the
County approved rates.
In response to the above comment, the City
Manager advised that the Fire Department
reports satisfactory service from other
jurisdictions regarding Medix. He also
emphasized that an evaluation of the service
would be made in six months.
Dr. Bruce Tovar of Schaefer Ambulance
Service, addressed the Council and stated
that Seal's and Schaefer have been
consistently providing basic life support
service to the City without any problems. He
stated that Medix has not had this
experience, and he indicated it could be a
potentially dangerous situation as to the
City's liability.
The City Manager noted that the Council's
action at this time does not grant general
use to Medix. It merely grants a rate
increase equal to what they claim they can
provide the service for, with the
understanding that in six months, Seal's
request will be reviewed for an increase. It
will also give Medix an opportunity to prove
their service within that six -month period.
Larry Seal of Seal's Ambulance Service,
stated that he has been providing service to
the City for approximately 30 years. In
addition, he provides critical care service.
He spoke in support of his request for a
rate increase, but stated he could live with
the recommended rate increase, as set forth
in the staff report, for the six -month
period.
Michael Demers, President of Medix Ambulance
Service, stated he was open for questions.
Hearing no questions, and no others wishing
to address the Council, the public hearing
•
was closed.
Volume 37 - Page 294
COUNCIL MEMBERS
ROLL :!
Motion
All Ay
•
•
r
III ,
MINUTES
September 26, 1983
IIJr%cv
Aye 83 -96, amending the base, mileage and standby
rates for ambulance service within the City
and rescind Resolution No. 9456; said rates
to be as enumerated in the letter from Seal's
Ambulance Service dated September 23, 1983.
In addition, an evaluation to be made of
Medix's performance at the end of six months,
as recommended by staff.
7. Mayor Hart opened the public hearing Upper Bay
regarding UPPER BAY BIKE /EQUESTRIAN TRAIL. Bike /Egstrn
Trail
Report from the Public Works Department, was (74)
presented.
The Director of Public Works stated that the
purpose of this hearing is to accept, approve
and certify the Final EIR, as indicated in
Attachment A of the staff report. If the
project is acceptable to the Council, he
recommended that the Council direct staff to
apply for the SB 821 Regional Funds; begin
negotiations for right -of -way; and pursue a
cooperative project with the County of Orange
for funding and construction of the project.
Sterling Wolfe, Chairman of the Bicycle
Trails Citizens Advisory Committee, addressed
the Council and stated that the Committee has
determined the Upper Newport Bay Bike Trail,
which is to connect University Drive on the
west side of the bay to the San Diego Creek
trail on the east side of the bay, is an
important link in the City's Master Plan of
Bikeways, and has designated it as the number
one priority project.
Mr. Wolfe referred to exhibits showing the
Upper Bay Trail and stated that the joint use
trail is in conformance with the County of
Orange Master Plan of Regional Trails, the
State Department of Fish and Game Draft Upper
Bay Management Plan, the County of Orange and
City of Newport Beach Local Coastal Program,
the City of Costa Mesa Master Plan of
Bikeways, and the City of Newport Beach
Master Plan of Bikeways.
It was noted by Mr. Wolfe that the proposed
alignment is over.land which is presently
undeveloped, but currently being used by
hikers and equestrians along dirt paths,
which cross above the Upper Bay between the
Santa Ana Delhi Channel and Jamboree Road.
John Wolters, Cooperative Projects Engineer,
explained the exhibits on display, outlining
the proposed trail alignment, and answered
questions of the Council.
Also pointed out, was that the funding of the
project will require approximately $456,400.
At present, the City's $50,000 is all that
Volume 37 - Page 295
x M
Motion was made to adopt Resolution No. R
Res 83 -96
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\&] �'��;ZnJ i �p ��'A t�SiP September 26, 1983
MINUTES
flri072 4
has been budgeted for the project.
Upper Bay
Additional funds may be available for the
Bike /Egstrn
County of Orange and the Orange County
Trail
•
Transportation Commission (Regional SB 821
Funds). The Regional SB 821 Funds are only
eligible for the bike and pedestrian portions
of the project. Funds for the equestrian
portion of the project ($61,500) will be
required from the County and the City.
Pam Davis, representing the California State
Parks Foundation, addressed the Council and
stated that they have given a commitment to
the City to fund the 10 -mile Irvine Coast
Trail, which connects Upper Newport Bay with
Crystal Cove Park.
Ms. S. Del Horn, resident of Santa Ana
Heights and representing the Back Bay
Community Association, addressed the Council
in support of the proposal. She stated that
they are looking forward to a permanent trail
with multipurpose uses.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to:
All Ayes
(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
mitigation measures identified in the
Certified Final EIR shall be
incorporated into the proposed project,
and all significant environmental
effects that can feasibly be mitigated,
or avoided have been eliminated or
reduced to an acceptable level, and that
the remaining unavoidable significant
effects, when balanced against the facts
set forth in said Statement of
Overriding Considerations (Attachment A.
Exhibit 2), giving greater weight to the
unavoidable environmental effects, are
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acceptable;
Volume 37 - Page 296
COUNCIL MEMBERS
0�� ygyjy� �Gti+�y�
.ROLL CAL
•
Motion
All Aye
•
y'
MINUTES
September 26, 1983
I1,19L7;V4
(e) Approve the preliminary Engineering
Upper Bay
Study (Upper Newport Bay Bike Trail
Bike /Egstrn
Feasibility Study);
Trail
(f) Direct staff to apply for Orange
County Transportation Commission SB 821
funds;
(g) Direct staff to begin negotiations
for necessary right -of -way and right -
of- entry; and
(h) Direct staff to pursue a cooperative
project with the County of Orange to
fund and construct the project.
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
x
The following actions were taken as indicated,
s
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to second
reading on October 11, 1983:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 83 -97 declaring the City
Vacation/
of Newport Beach's intention to vacate
Pblc Utl
the public utility easement within Reims
Esm /Reims In
Lane - Tract No. 8336; adopting a map
(90)
showing the area to be vacated; and
setting a public hearing on October 24,
1983 (Dwg. R/W 5472 -L). (Report from
Public Works)
3. CONTRACTS/AGREEMENTS:
(a) Consent of the City of Newport Beach to
Marinapark
Sale of Mobilehome and Trailer Park
Sp #7 -A
Space - Contract No. 1784 (Newport
C -1784
Marinapark Space No. 7 -A). (Report from
(38)
Assistant City Attorney)
4. COMMUNICATIONS - For referral as indicated:
(a) To Planning Department /Planning
U/P 3058
Commission for inclusion in the records,
(88)
letters from Richard Nichols, and Corona
del Mar Chamber of Commerce Board of
Directors regarding Use Permit No. 3058.
(b) To staff for response, letter from
General Sery
William E. Wilkinson regarding cleanup
(44)
of bayfront in the downtown Balboa area.
(c) To Planning Department for inclusion in
Plang Dpt/
the records, letter from Cara Hoepner
Dance Cnctn
regarding the Dance Connection, a
(68)
business leasing space in the Coppertree
Business Park.
Volume 37 - Page 297
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
c< � f 9:� - 9A 1 � .7 GS
ROL L CAI 1 �,p �'Q tP September 26, 1983
MINUTES
INDEX
(d) To Executive Assistant to the City
CATV /Grp W
Manager for response, complaint from
(42)
Warren F. Hillman regarding Group W
.
Cable service.
(e) To Ad Hoc Aviation Committee for
0 /C -JWyn Arpi
inclusion in the records, communication
(54)
regarding Orange County -John Wayne
Airport from: Jan D. Vandersloot, Mary
L. Butler, Mike and Pam Howard, Nancy
Skinner, D. W. Harvey, and Dover Shores
Community Association.
(f) To Public Works Department for inclusion
PW /Npt Bay
in the records, study by John A. Miller
Wtrshd /SD
addressing the Newport Bay Watershed /San
StrmSdmCntrl
Diego Creek Comprehensive Stormwater
(74)
Sedimentation Control Plan.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Orange County Local Agency Formation
Commission Minutes of August 24, and
preliminary agenda of September 28,
1983.
(b) California Public Utilities Commission
notice of filing of Application Nos.
83- 09 -23, 24, 25, and 26 (Southern
California Gas Company and Pacific
Lighting Gas Supply Company).
•
(c) Letter of thanks from State Senator John
Seymour for input /support regarding his
measure, Senate Bill 920, which
ultimately became Senate Bill 895.
(Attached)
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) David Alan Beser by Lauraine Beser,,
Beser
Mother, alleging personal injuries as a
result of being bit by dog in Spyglass
Park on June 8, 1983, where sign is
posted "No dogs even on leashes."
(b) Sean Callanan for reimbursement of
Callanan
liquor allegedly confiscated by Police
Officer after I.D. check of passengers
in claimant's vehicle while at the
Newport Pier parking lot on July 19,
1983.
(c) Century National Insurance for Ken
Century Ntl
Krespis for personal property damage as
Ina /Krespis
a result of City Police vehicle
allegedly backing into his vehicle on
Palm Avenue, north of Bay Street on July
•
10, 1983.
Volume 37 — Page 298
CITY OF NEWPORT BEACH
00 ,ItlC @L MEMEERS
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nn, i 'S �G�ir September 26, 1983
MINUTES
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(d) Timothy Crawford for arrest without
Crawford
probable cause at 7742 Liberty Avenue,
Huntington Beach on June 8, 1983 and
imprisoned without warrant, alleging he
was detained by Huntington Beach Police,
at the direction of Newport Beach Police
Department.
(e) Jacqueline A. Miller for personal
Miller
injuries and personal property damage,
as the result of trip and fall over high
curb at 322 Anade, Balboa Peninsula on
August 10, 1983, allegedly chipping her
tooth, suffering bruises and swelling of
right cheekbone and jaw, and ruining her
shoes.
(f) Bernard Samson for Mildred Samson for
Samson
personal injuries sustained as the
result of trip and fall on sidewalk in
front of 113 Marine Avenue, Balboa
Island on September 2, 1983.
(g) Slurry Seal of Arizona and E.C.N.A.,
Slurry Seal
Inc., for final payment of work done
Ariz /ECNA
pursuant to Contract No. 2307, which was
withheld and retained by the City at the
direction of the State Division of Labor
Standards Enforcement on July 21, 1983.
(h) Mary L. von Geldern alleging property
von Geldern
damage to fence and sprinkler system as
the result of private contractor hired
by City to cleanout bamboo in Morning
Canyon during July, August, and
September, 1983.
(i) James G. and Emmy Whitaker for property
Whitaker
damage alleging salt water destroyed six
trees and numerous plants due to
flooding and sand barrier erected by
City at 329 Linda Avenue, Balboa, on
August 7 and 8, 1983.
For rejection- -not timely filed:
(j) Late claim of Western Canners, Inc., dba
Western
Malarkey's Irish Pub for indemnity from
Canners/
Newport Beach Police Department in
Malarkey's
°
connection with lawsuit of Michael
Murray Thomas against Western Canners,
Inc. (claim of Michael Murray Thomas was
rejected by the City Council on
September 13, 1983).
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Sharion Garrison - Petition for Writ of
Garrison
Mandate regarding housing opportunities
•
available to low- and - moderate income
people wishing to live in the City.
Volume 37 - Page 299
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\A1 o f Cp September 26, 1983
I 9
MINUTES
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8. REQUEST TO FILL PERSONNEL VACANCIES: (Report
(66)
from the City Manager)
•
(a) One Police Clerk, Police Department.
(b) Two Library Clerk II's, Library
Department.
(c) One Police Officer, Police Department.
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Status report from Assistant City
City Arty/
Attorney regarding SOUTHERN PACIFIC
SoPacTrsnp
TRANSPORTATION COMPANY VS. CITY OF
(31)
NEWPORT BEACH.
(b) Report from City Attorney regarding
City Atty/
ATTORNEY FEE'S - AIRPORT LITIGATION.
O'Dounel S
Gordon
(c) LEASE TO FEE CONVERSION PROGRAM -
C -2331 (38)
EFFORTS OF THE IRVINE COMPANY AND CITY
City Atty/
STAFF TO ALLOW PROPERTY OWNERS IN THE
BLUFFS TO PURCHASE THEIR LEASED LAND.
Bluffs Ls
(Report from City Attorney)
(31)
(d) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - For October 11,
1983:
(a) TENTATIVE MAP OF TRACT NO. 12035, a
Tr 12035/
request of WALE DEVELOPMENT CORP.,
Wale Dvlpm
Irvine, to subdivide five existing lots
and portions of vacated Cypress Street
and vacated Bay Avenue into one lot for
residential condominium development.
Property located at 406 East Bay Avenue,
on the northeasterly corner of East Bay
Avenue and Cypress Street, on the Balboa
Peninsula; zoned R -4. (Report from the
Planning Department)
11. Removed from the Consent Calendar.
12. APPLICATION OF JOHN CRESSE TO WIDEN AN
P /W -Drvwy
EXISTING DRIVEWAY AT 3811 RIVER AVENUE -
Castr /Cresse
Uphold staff's recommendation for approval.
(Report from Public Works)
13. Removed from the Consent Calendar.
14. Removed from the Consent Calendar.
15. BUDGET AMENDMENTS - For approval:
BA (25)
BA -027, $84,655.00 - Increase in Budget
Appropriations and Revenue Estimates for
continued operation of the Balboa Yacht Basin
Marina for all of fiscal year 1983 -84; Tide
•
and Submerged Lands and General Funds.
Volume 37 - Page 300
1; ` i
'COUNCIL MEMBERS
G�
gni i raid pi� �gF �9G�s September 26, 1983
MINUTES
Irk DI *I
BA -028, $2,000.00 - Increase in Budget
Appropriations and Revenue Estimates for
Newport Harbor Area Chamber of Commerce
donation toward entrance signs project; Park
and Recreation Fund.
BA -029, $87,000.00 - Increase in Budget
Appropriations for Architectual Services for
design of Professional /Technical Building,
and items the City is obligated to provide
outside of the agreement; General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report from City Attorney requesting
Npt Dunes
AUTHORIZATION TO SEND LETTER SIGNED BY MAYOR
Rdvlp
TO THE COASTAL COMMISSION ON BEHALF OF THE
C -2394
CITY COUNCIL SUPPORTING THE NEWPORT DUNES
(38)
REDEVELOPMENT, was presented.
Council Member Strauss stated that he had
removed this item from the Consent Calendar
in order to oppose it.
Motion
x
Motion was made to send the letter signed by
Ayes
x
x
x
x
x
x
the Mayor to the Coastal Commission on behalf
Noes
x
of the City Council supporting the Newport
Dunes Redevelopment, as prepared by the City
Attorney.
2. Report from Public Works Department
Balboa B1/
recommending they be directed to implement
PW Sfty Impv
safety measures on Balboa Boulevard, was
(74)
presented.
Motion
x
Council Member Plummer commended the staff
All Ayes
for their work on this project, and made a
motion to approve the recommended action on
the Consent Calendar; and in addition, that
the Police Department emphasize enforcement
of parking violations in the red zones along
Balboa Boulevard.
3. A report from Public Works Department,
'83-84 Strm
recommending approval of the plans and
Drn Imp
specifications; and authorizing the City
C -2380
Clerk to advertise for bids to be opened
(38)
October 13, 1983 at 11:00 a.m. regarding the
1983 -84 STORM DRAIN IMPROVEMENT PROGRAM
(C- 2380), was presented.
Council Member Agee stated that he just
wanted to point out, for the benefit of those
in the audience, that storm drain
improvements for 1983 -84 are being proposed
at ten different locations, many of which are
in Corona del Mar, and will help relieve some
of the flooding experienced during 1983
storms.
M n
x
Motion was made to approve the recommended
Ayes
action on the Consent Calendar, regarding the.
1983 -84 STORM DRAIN IMPROVEMENT PROGRAM
(C- 2380).
Volume 37 - Page 301
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
14-:
ROLL Cdl 1
GAS September 26, 1983
. � 'p
MINUTES
INDEX
Volume 37 - rage 302
4. Proposed ORDINANCE, being,
Escort Serv/
Bus Lic
AN ORDINANCE AMENDING TITLE 5 OF THE
(27)
NEWPORT BEACH MUNICIPAL CODE PERTAINING
TO ESCORT SERVICES AND INTRODUCTORY
SERVICES,
was presented for introduction and second
reading on October 11, 1983 with a report
from the Assistant City Attorney.
Motion
x
Motion was made to refer the proposed
All Ayes
ordinance back to staff for further
modifications, as recommended.
5. A report from Business License /Police
Permit /Spcl
Department recommending approval of SPECIAL
Evnts
EVENTS PERMIT - BUD WARMINGTON GRAND PRIX,
Warmington
subject to conditions listed in the staff
Grand Prix
report, was presented.
(65)
Shapley Kimes, representing the American
Cancer Society and Bud Warmington, addressed
the Council and stated that six requests were
submitted to the License Department, four of
which are recommended for approval. He asked
that the Council consider the two issues
recommended for denial regarding landing of
two helicopters at Newport Dunes, and the
landing and takeoff of Ultralight Aircraft in
the Dunes Lagoon. He also asked that sound
amplification be permitted at the Dunes
Lagoon area.
Mr. Kimes further requested that the time of
the fireworks display be changed from 9:00
p.m. to 8:15 p.m.
With respect to the Ultralight Aircraft in
the Dunes Lagoon area, Mr. Kimes stated that
they are a pontoon- type of aircraft taking
off and landing on the water. It will be a
demonstration of agility and safety features
of the aircraft. The aircraft will be
operated by professional fliers, who are very
familiar with this type of demonstration, and
will not be flown over any spectator area.
With regard to the landing of two helicopters
at Newport Dunes, Mr. Kimes stated that they
would like to use two helicopters during the
race on Sunday from 9:30 a.m. to 1:30 p.m.,
as a safety precaution in case of injuries on
the water during the race. The injured would
then be flown to the ambulance and medical
facilities set up at the Dunes for the event.
Motion
x
Following consideration, motion was made to
All Ayes
approve the request for change in time of
fireworks display, to approve items 1 through
4, and to deny items 5 and 6, as recommended
•
In staff report.
H. ORDINANCES FOR ADOPTION: None.
Volume 37 - rage 302
COUNCIL MEMBERS
' ��
OLL Ztn% ,QG�in September 26, 1983
MINUTES
IN DE
I. CONTINUED BUSINESS:
1. PROPOSED ORDINANCE REGARDING TRANSIENT
Ord 83 -26
OCCUPANCY TAX INCREASE, was presented
Finance/
together with report from the City Manager.
Transient
Ocpncy Tx
The City Manager outlined his report, which
(40)
showed current rates of other cities, and
stated that based on the 1982 -83 revenue,
each percentage would raise $283,046
annually, and that 2% would raise $566,092.
Motion
x
Following remarks by various Council Members,
motion was made to introduce ORDINANCE NO.
83 -26, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH TO INCREASE THE TRANSIENT
OCCUPANCY TAX RATE FROM SIX PERCENT
(6 %) TO EIGHT PERCENT (8 %), EFFECTIVE
JANUARY 1, 1984.
Richard R. Luehrs, Executive Director,
Newport Harbor Area Chamber of Commerce,
addressed the Council in support of the
ordinance. He referred to his letter of
September 26, 1983, wherein it was suggested
that the City Council appoint a task force to
study and attempt to ascertain the long -range
effects of the Transient Occupancy Tax
increases, as far as its economic impact on
the City is concerned. It was recommended
that such a task force include:
a member of the City Council
..the City's Finance Director, or his
designee
..a hotel general manager
a restaurant owner
..a retailer
..a representative from the
community -at -large
All Ayes
The motion on the floor was voted on and
carried.
There being no objections, the City Attorney
was directed to prepare a resolution for
consideration at the next meeting,
establishing a Revenue and Taxation Ad Hoc
City Council Committee, as suggested by the
Chamber of Commerce.
2. Letter from Balboa Island Improvement
Piano Bar/
Association regarding regulations of piano
Bus Lie Rege
bars, was presented.
(27)
Report dated June 21, 1983 from the City
Attorney, was presented.
•
Volume 37 - Page 303
COUNCIL MEMBERS
�� 6& September 26, 1983
rAj\
MINUTES
INDEX
It was noted in the letter from the Balboa
Piano Bar/
Island Improvement Association that, as a
Bus Lic Regs
result of complaints about disturbances
emanating from the Village Inn, the
Association voted to recommend to the City
Council that they approve a requirement for a
Permit for piano bars in order to maintain
better control over them.
Included.with the report from the City
Attorney was a'draft ordinance deleting the
exception for pianos and organs from
obtaining an Entertainment Permit. It was
believed that only three or four businesses
within the City would be impacted by the
proposed amendment, and these businesses
would be required to apply and obtain a
permit prior to the effective date of the
amended ordinance, if adopted.
Mayor Pro Tem Maurer made reference to the
noise problem at the Village Inn, and cited a
number of island residents who have contacted
him, personally, regarding the loud music.
He advised that the Village Inn is now using
a "synthesizer," a machine that duplicates
the sounds of musical instruments, often up
to 12 instruments simultaneously, and is
hooked up to amplification.
Mayor Pro Tem Maurer suggested that the draft
ordinance be amended to include the following
.
language:
"That the provisions of this chapter
shall not be deemed to require an
Entertainment Permit for the following:
(a) For the use of a radio, record
player, juke box, or television
receiver in any establishment;
(b) For the use of any piano, or
organ that is not amplified
electronically, or for the use of
any sound amplified equipment,
which is solely to increase the
voice of a person playing such
piano, or organ in the
establishment."
Mayor Pro Tem Maurer stated that, in essence,
piano bars throughout the City would not be
affected until they amplified their
instrument. They would be allowed a
microphone at the piano.
Motion
x
Following comments by Council Member Cox and
All Ayes
the City Attorney, motion was made to
disallow introduction and first reading of
the proposed ordinance at this time, and to
defer it to the October 24, 1983 study
session for further consideration.
Volume 37 - Page 304
Cgl)P1� MEMBERS
0 �
R
0
Motion
Motion
Ayes
Noes
Motion
All Ay
Motion
All Ay
Motion
All Ay
MINUTES
September 26, 1983
flNdWI
J. CURRENT BUSINESS:
1. Report from the Planning Department was
U/P 1872(A)
presented regarding City Council review of
(88)
USE PERMIT NO. 1872 (AMENDED), a request of
MAMIE VAN DOREN, Newport Beach, to amend a
previously- approved use permit which allowed
the construction of a two - story,
single - family dwelling and related parking
spaces to the rear of an existing commercial
shop in the C -2 District, to allow the
conversion of three covered parking spaces
into commercial floor area, and the
acceptance of art off -site parking agreement
for a portion of the required parking spaces.
Property located at 428 - 31st Street in
Cannery Village. The decision of the
Planning Commission to deny this application
was overruled by the City Council on
September 22, 1980, subject to review by the
City Council after a three -year period. The
applicant is now requesting a further
modification to Use Permit No. 1872(A) to
substitute in -lieu parking in place of the
previously- approved off -site parking.
x
Motion was made to refer the subject item to
the Planning Commission for public hearing.
x
Substitute motion was made to set the item
x
x
x
x
x
for public hearing before the City Council on
x
x
October 11, 1983, which motion carried.
2. APPOINTMENTS TO NEWPORT BEAUTIFICATION
NB /CAC
CITIZENS ADVISORY COMMITTEE FOR TERMS ENDING
(24)
DECEMBER 31, 1983:
The following motions were made to defer the
subject appointments to October 24, 1983:
x
(District 4) Council Member Heather's
es
appointment to fill the unexpired term
of LaVerne Schvarz;
x
(District 6) Council Member Agee's
as
appointment to fill the unexpired term
of Dick Forney;
x
(District 7) Council Member Cox's
es
appointment to fill the unexpired term
of Bror Monberg.
Volume 37 - Page 305
COUNCIL MEMBERS ,p
�c�c+®¢9y� y9vy��
®n: , ra Ay��'AG�� September 26, 1983
MINUTES
INDEX
3. APPOINTMENT TO C1:TIZENS TRAFFIC ADVISORY
CT /CAC
COMMITTEE:
(24)
n
x
Motion was made to defer (District 7) Council
A Ayes
Member Cox °s appointment to October 24, 1983,
to fill the unexpired term of Gordon Young,
ending December 31, 1983.
K. ADDITIONAL BUSINESS: None.
The meeting adjourned at 11:20 p.m.
Cea
MAYOR
ATTEST:
CITY CLERK
Volume 37 - Page 306