HomeMy WebLinkAbout05/29/1984 - Regular MeetingCOUNCIL MEMBERS
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: May 29, 1984
MINUTES
eWnW v
Present
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x
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A. ROLL CALL.
Absent
x
M on
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B. The reading of the Minutes of the
Meeting of May 14, 1984, was waived,
approved as written and ordered filed.
f
Motion
x
C. The reading in full of all ordinances
All Ayes
and 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
hearing and City Council review of:
GENERAL PLAN AMENDMENT 83 -2(c) Portion -
GPA 83 -2(c)
Consideration of amendments to the Land
(45)
Use and Residential Growth Elements of
the Newport: Beach General Plan,
redesignating the site on the
northeasterly corner of East Coast
Highway and Jamboree Road from
"Low- Density Residential" to
"Recreational and Marine Commercial ,
initiated by the City of Newport Beach,
for the purpose of consistency with the
Certified Land Use Plan of the Newport
Beach Local. Coastal Program; and the
acceptance, approval and certification
of an Environmental Impact Report;
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AND
PLANNING COMMISSION AMENDMENT NO. 605
PCA 605
(PROPOSED ORDINANCE NO. 84 -13) - A
(94)
request to establish Planned Community
Development Standards and adopt a
Planned Community Development Plan for
property located at the northeasterly
corner of East Coast Highway and
Jamboree Road;
AND
TRAFFIC STUDY - A request to consider a
Traffic Stdy
traffic study for a 154 unit residential
condominium development;
AND
TENTATIVE MAP OF TRACT NO. 11937 - A
TMpTr 11937
request of :IRVINE PACIFIC, Newport
Beach, to subdivide 11.2 acres of land
into a single lot for residential
condominium purposes so as to allow the
construction of a 154 unit residential
development;;
AND
Volume 38 - Page 165
MINUTES
111OW'J
RESIDENTIAL COASTAL DEVELOPMENT PERMIT
Rsdntl Cstl
NO. 9, - A. request to consider a
Dvlp Prm#9
Residential Coastal Development Permit
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for the purpose of establishing project
CPA 83 -2(c)
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compliance for a 154 unit residential
condominium development pursuant to the
Administrative Guidelines for the
implementation of the State law relative
to low -and moderate- income housing
within the Coastal Zone.
Report from the Planning Department.
The City Manager summarized the staff
report, noting four recommended changes:
1) Affordable Housing (Condition No.
60); 2) Right -of -Way Dedication
(Condition No. 18); 3) Fair Share
Contribution (Condition No. 44); and 4)
Park Dedication (Condition No. 48).
Jim Montgomery of Irvine Pacific
Company, displayed exhibits showing an
aerial photograph of the site, and a
conceptual landscape plan. He stated
that they had no objections to the
proposed changes in the Conditions of
Approval as recommended by staff.
John Calandro, 38 Ocean Vista, President
of Island lagoon Homeowners Association,
addressed the Council and stated they
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feel the proposed development is not
consistent with the General Plan
designated for the site, and that the
density is too high. They also feel
that the project is inconsistent with
the Local Coastal Land Use Plan
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designated for the site of medium
density residential. They also feel
that the EIR is inadequate as it relates
to the traffic impact analysis, and also
does not discuss noise, visual or
traffic impact upon adjacent areas such
as Sea Island. In addition, growth
inducing impacts are not adequately
identified or addressed in the EIR. In
conclusion, they feel the density is too
high for what is designated in the
current General Plan, and would like the
hearing to be continued and the EIR to
be recirculated for additional public
input.
In response to the Mayor, the City
Attorney reviewed the process for
notification and circulation of the EIR,
as well as notification of the public
hearing, indicating that the City had
satisfied the legal requirements of CEQA
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and the City's Zoning Code.
Volume 38 - Page 166
COUNCIL MEMBERS
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May 29, 1984
Pat Temple, Environmental Coordinator,
responded to comments of Mr. Calandro
regarding density and the EIR.
Suzanne Frederick, 18 Ocean Vista,
addressed the Council and expressed her
concerns regarding density and impact on
traffic and. noise.
Susan Porter, 32 Ocean Vista, addressed
the Council and discussed the current
traffic problem at Sea Island and how
difficult it was to cross Jamboree Road.
David Yaeger, 50 Ocean Vista, addressed
the Council and stated he was concerned
with the investment of his home, and the
proposed density. He also felt that the
traffic pattern would be affected and
add to the existing traffic problem
around Sea Island.
During course of discussion, it was
noted that the development will be built
and marketed as an apartment project.
Also, at the time Sea Island was
constructed, The Irvine Company was
required to fund 50% of a traffic signal
at the intersection of the development
and the Newporter Inn. As to the
subject project, the developer will be
required to install a traffic signal at
the extension of Back Bay Drive and
Pacific Coast Highway, and to fund 50%
of a signal at the extension of Back Bay
Drive and Jamboree Road, which would
work in concert with the signal at the
entrance to Sea Island.
In response to Council
the status of Amlings
lease which expires in
Dmohowski advised that
Company is looking at
for relocation within
inquiry regarding
Nursery and their
1986, Dave
The Irvine
alternate sites
the City.
Council Member Plummer entered the meeting at
this time.
David Menscher, 33 Ocean Vista,
addressed the Council regarding the two
proposed traffic signals for Jamboree
Road, indicating he felt they were too
close to one another and that a
bottleneck would be created.
Volume 38 - Page 167
GPA 83 -2(c)
CITY OF NEWORT BEACH
COUNCIL MEMBERS
\CALsue Rnl_L
F9 Fyn Gws May 29, 1984
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MINUTES
II?TiT
John Calandro addressed the Council
GPA 83 -2(c)
again regarding future effect if the
apartment /condominium development is
approved, wherein the City Manager
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advised that staff has already responded
to this concern.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to deny the project.
Council Member Strauss stated he did not
feel the density was appropriate for
the proposed location of the project.
Council Member Plummer advised that she
would abstain from voting on this item,
inasmuch as she was not in attendance
for all of the public testimony.
Ayes
x
The motion was voted on and FAILED.
Noes
x
x
x
x
x
Abstain
x
Motion
x
Motion was made to approve the project
Ayes
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x
x
as recommended by the Planning
Noes
x
Commission; adopt Resolution No, 84 -44
Res 84 -44
Abstain
x
accepting, approving and certifying the
Final Environmental Impact Report; make
the Findings contained in the Statement
of Facts with respect to significant
impacts identified in the Final
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Environmental Impact Report; find that
the facts .set forth in the Statement of
Overriding Considerations are true and
are supported by substantial evidence in
the record, including the Final
Environmental Impact Report; with
respect to the project, find that
although the Final Environmental Impact
Report identifies certain unavoidable
significant environmental effects that
will result if the project is
approved, the mitigation measures
identified shall be incorporated
into the General Plan, 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, giving.
greater weight to the unavoidable
environmental effects, are acceptable;
adopt Resolution No. 84 -45, approving
Res 84 -45
amendments to the Land Use and
Residential Growth Elements of the
Newport Beach General Plan; adopt
Volume! 38 - Page 168
COUNCIL MEMBERS
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May 29, 1984
Ordinance No. 84 -13, being, AN ORDINANCE
OF THE CITY OF NEWPORT BEACH ADOPTING
PLANNED COMMUNITY DEVELOPMENT STANDARDS
FOR PROPERTY LOCATED AT THE
NORTHEASTERLY CORNER OF EAST COAST
HIGHWAY AND JAMBOREE ROAD (PLANNING
COMMISSION AMENDMENT NO. 605); sustain
the action of the Planning Commission on
the Traffic Study for the Villa Point
Planned Community; approve the Tentative
Map of Tract No. 11937 with the Findings
and subject to the Conditions as
recommended by the Planning Commission;
and Sustain the recommendation of the
Planning Commission with respect to
Coastal Residential Development Permit
No. 9.
Mayor Hart opened the continued public
hearing and City Council review of a
request by LOOMIS FOODS, INC., Corona
del Mar, that the City Council
reconsider its action of February 13,
1984, as it: pertains to USE PERMIT NO.
3072 and the hours of operation of the
"PARK BAR AND GRILL" restaurant located
at 2515 East Coast Highway, on the
southeasterly corner of East Coast
Highway and Carnation Avenue in Corona
del Mar; zoned C -1.
Report from Police Department, was
presented.
The City Clerk advised that after
printing the agenda, a letter was
received from David Grant, Attorney
representing the applicant, and a
petition signed by residents of Corona
del Mar and members of the Corona del
Mar Chamber of Commerce, in favor of
retaining the present hours of
operation. -
David Grant, Attorney for the Park Bar
and Grill, addressed the Council and
reviewed the background for the subject
restaurant. He stated that the
applicant is willing and agreeable to
modify its present nonconforming use, as
set forth in his letter dated May 29,
1984, Items 1 through 4. In addition,
the applicant is agreeable to the
Conditions of Approval set forth in the
February 13, 1984 staff report, except
for Condition No. 11, which is
acceptable as revised in an accompanying
letter to the City Attorney.
Volume 38 - Page 169
Ord 84 -13
U/P 3072
Loomis
Foods
(88)
COUNCIL MEMBERS
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May 29, 1984
With respect to providing offstreet
parking, Mr. Grant stated that they are
still looking for a suitable site. They
did contact the Newport Harbor Bank and
the Flower Man, but found that nothing
is available at the present time.
It was noted by the City Attorney that
if in -lieu fees are accepted for
parking, it should be made a condition
of approval.
Regarding the report by the Police
Department concerning the Park's
after -hours activities, Mr. Grant stated
that, as of this date, no official
complaints have been filed.
Pertaining to Condition No. 11, as
modified by the applicant, the City
Attorney stated that he had reviewed it
and meets with his satisfaction.
Patrick Young, 430 Vista Puerta,,
addressed the Council on behalf of the
Park Restaurant, and stated that he felt
it was an outstanding place to dine. He
does not feel it is a late night bar,
but that it is one of the few
establishments in the City where you can
dine late at night. He added that he
did not feel it was a public nuisance
and urged the Council to grant their
request.
Don Augustine, 2431 -4th Avenue,
addressed the Council and stated he
lives approximately 50 yards from the
restaurant, and is concerned with the
noise and traffic resulting from the
location.
John Allard, 2515 E. Coast Highway,
(business address) addressed the Council
on behalf of the Park Restaurant. He
stated that he has been a resident of
Corona del Mar since 1968 and.feels the
restaurant is an asset to the community.
He also felt that it was wrong for the
City to take away certain rights just
because of a few complaints. He urged
that the restaurant be able to remain
open for the hours as requested.
Tony Ranger, 423 Carnation Avenue,
addressed the Council in support of the
request. Ile stated that the restaurant
is a very popular place to dine and
should remain open for late night users.
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 38 - Page 170
3072
COUNCIL MEMBERS
Motion x
Ayes x
Noes
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MINUTES
May 29, 1984
Motion was made to sustain the action of
the Planning Commission, and the
Conditions of Approval thereof, with the
exception that Condition No. 11 be
modified as requested by the applicant
and approved by the City Attorney; the
restaurant be required to close at 12
Midnight Sundays through Thursdays, and
at 2 a.m. Fridays and Saturdays; and
further, that the restaurant be allowed
to remain open for lunch.
3. Mayor Hart opened the public hearing and
City Council review of:
HARBOR PERMIT NO. 128 -2901 - Request to Harbor Perm
revise a previously- approved harbor #128 -2901
permit so as to allow a 7.5± ft, eave (51)
overhang within the public tidelands
area bayward of the U.S. Government
bulkhead .line at 2901 West Coast
Highway;
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TRAFFIC STUDY - Request to consider a Traffic Stdy
traffic study in conjunction with the
construction of a multiple -use
development containing 49,460± sq. ft.
of gross floor area;
Kr
USE PERMIT NO. 3086 - Request to permit U/P 3086
the construction of a multiple -use (88)
development on .property located in the
"Recreation Marine Commercial" area of
the Mariners' Mile Specific Plan area.
The proposal includes a request to
construct a building which exceeds the
26 ft. basic height limit in the 26/35
Foot Height Limitation District and
exceeds .5- times the buildable area of
the site; a request to establish a
restaurant with on -sale alcoholic
beverages and live entertainment; a
request to permit non - marine related
professional and business office type
uses; a modification to the Zoning Code
so as to allow the use of compact and
tandem parking spaces for a portion of
the required off - street parking
requirement; a request to allow the use
of an off -site parking location for a
portion of the required off - street
parking; and the acceptance of an
Environmental Document.
Report from the Planning Department, was
presented.
Volume 38 - Page 171
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Motion.
All Ayes
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MINUTES
May 29, 1984
Joseph Lancor, Architect for the Hrbr Perm
project, addressed the Council and /#128 -2901/
displayed a model of the proposed Tfk Stdy/
development, drawings, and renderings. U/P 3086
He stated that they wished to withdraw
their request for encroachment beyond
the U.S, bulkhead line. They also were
in agreement with the recommendations as
set forth in the City's staff reports.
It was noted that access to the boat
launching facility will be moved toward
the vehicular access in the new design.
Dick Whitworth, owner of business across
from the proposed development, addressed
the Council in favor of the project. He
also asked questions regarding the
development, to which the Planning
Director responded that the building
will be 35 ft. in height on the highway,
terracing down to 32 ft. as it moves
toward the water. Land has been
purchased by the applicant for the Rosan
offstreet parking. The development will
include a restaurant; a private club on
the upper level; commercial office
space; and a boat launching facility on
the easterly side of the project. In
addition, utility poles will be placed
underground.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the
recommendations of the Planning
Commission with Findings and Conditions
as modified by the Tidelands Affairs
Committee in regards to Harbor Permit
No. 128 -2901; the Traffic Study; Use
Permit No. 3086; and the acceptance of
the Environmental Document
4. Mayor Hart opened the public hearing Weed Abatm
regarding WEED ABATEMENT PROGRAM. (41)
Report from the Fire Department dated
May 23, 1984, was presented.
The City Clerk advised that after the
agenda was printed, letters were
received from Mr. and Mrs. Kenneth
Sands, 637 St. James Road, and Donald E.
Olson ofByco. Inc., 3300 West Pacific
Coast Highway, regarding their weed
assessments.
Volume 38 - Page 172
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Motion
All Ayes
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Motion
All Ayes
Motion
All Ayes
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May 29, 1984
The City Manager advised that the Fire Weed Abatm
Department will contact the above
property oomers to determine the
condition of their lots, and if it is
found that the lots do not require any
work, their names will be removed from
the list of property owners to be
assessed.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No. Res 84 -46
84 -46 ordering the Fire Chief to abate
weeds and other public nuisances
existing upon streets, alleys,
sidewalks, parkways and private property
within the City.
5. Mayor Hart opened the public hearing Ofcl Police
pursuant to Newport Beach Municipal Code T d
Section 5.1.3.140 regarding OFFICIAL (70)
POLICE TOW SERVICES.
Report from Executive Assistant to the
City Manager, was presented.
Wayne Miller of G & W Towing Company,
addressed the Council and stated that he
was in agreement with the proposed rate
increase, as set forth in the staff
report.
Hearing no one else wishing to address
the Council., the public hearing was
closed.
Motion was made to adopt Resolution No. I Res 84 -47
84 -47 approving rate increases for the
Official Police Towing Services.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on June 11, 1984:
(a) Proposed ORDINANCE NO. 84 -16, Ord 84 -16
being, Bldg /Fair
Shr Tfk
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH ESTABLISHING A
FAIR SHARE TRAFFIC
CONTRIBUTION ORDINANCE -
CHAPTER 15.38 (Report from the
Planning Department).
Volume 38 - Page 173
COUNCIL MEMBERS
May 29, 1984
MINUTES
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -48 authorizing
0/C Fire
the Mayor and City Clerk to execute
Prtctn Sry
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an Agreement between the City of
Res 84 -48
Newport Beach and the County of
C -2208
Orange in connection with Fire
(38)
Protection Services in the northern
part of the City. (Report from
Fire Department)
3. CONTRACTS/AGREEMENTS:
(a) Accept Offsite Parking Agreement
/P 3063/
for a portion of the required
Ofst Pkg Agm
parking spaces in conjunction with
(88)
the approval of USE PERMIT NO.
3063, a request to convert the
former "Corrigan °s Seafoods1°
retail /warehouse building into a
travel agency and marine- related
office uses in the M -1 District.
Project located at 2800 Lafayette
Avenue in Cannery Village. Parking
sites :located at 2800 Villa Way and
2807 Newport Boulevard. (Report
from Planning Department)
(b) Award Contract No. 2440 to FAV
Irvine Trc
Engineering in the total amount of
Prk /FAV Engr
IC-2440
$78,232 for Irvine Terrace Park
Improvements; and authorize the
(38)
Mayor and City Clerk to execute
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said contract. (Report from Parks,
Beaches and Recreation)
(c) Authorize City Manager to enter
City Hall/
into Agreements on behalf of the
Telephone
City for the lease /purchase and
Sys
maintenance of New Telephone System
(35)
for all City facilities. (Report
from Executive Assistant to the
City Manager)
4. COMMUNICATIONS - For referral as
indicated:
(a) Removed from the Consent Calendar.
(b) To Police Department for report
PD
back, letter from Huntington Beach
(70)
Community Clinic for financial
assistance.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Health Planning
Council memo regarding future
assembly programs.
Volume 38 - Page 174
COUNCIL MEMBERS
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MINUTES
May 29, 1984
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Phil Bennett for property damage
during alleged robbery
investigation by Police Department,
when carbon or powder spilled on
carpet at 234 Morning Canyon Rd. on
March 30, 1984.
(b) Paul Karl Bohn alleging personal
injuries during arrest by City
Police Officer, at Pacific Coast
Highway, west of Jamboree Road on
May 3, 1984.
(c) Amy Elizabeth Roberts -Cole for
personal injuries sustained as a
result of alleging that City
maintained streets so as to create
a dangerous condition at Weatcliff,
west of Buckingham on February 3,
1984.
(d) Odette Dugast for personal injuries
as a result of stepping onto wooden
water valve cover in the sidewalk
adjacent to Port Theatre, Corona
del Mar on February 20, 1984.
(e) Roger G. Freuchantie alleging
personal injuries by City Police
Officers at 2300 W. Ocean Front on
May 15, 1984.
(f) Hughes Aircraft Company /Thomas B.
Larkin, Jr., for property damage to
Company vehicle as a result of
Police Department Animal Control
auto allegedly backing into
claimant's vehicle at Westminster
and Clay Streets on March 31, 1984.
t
is -Cole
Hughes Air -
Craft /Larkin
(g) Christine and Ruthann Orr for Oxr
property damage as a result of
traffic collision with City Police
vehicle at alley near 15th Street
and Balboa Boulevard on May 18,
1984.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) James A. Feuer and Suzanne L. Feuer
Feuer, Complaint for Battery and
Personal Injuries, Orange County
Superior Court Case No. 42 -9605.
Original claim was denied by City
Council on March 12, 1984.
Volume 38 - Page 175
COUNCIL MEMBERS
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May 29, 1984
Volume 38 - Page 176
(b) John Lang and Al Romero, Second
Lang /Romero
Amended Complaint for Personal
Injuries, Orange County Superior
Court Case No. 40 -3393. Original
claim was denied by City Council on
March 12, 1984.
8.
REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) One Marine Safety Officer, Marine
Department.
(b) One Police Officer, Police
Department.
(c) One Police Clerk I, Police Department.
9.
STAFF AND COMMISSION REPORTS - For
Council information and Approval: '
(a) Report from City Attorney regarding
O'Donnell/
APPROVAL OF ESTIMATE ON ATTORNEY'S
Gordon
FEES REGARDING CONTINUING AIRPORT
C -2331
LITIGATION (O'DONNELL b GORDON
(38)
CONTRACT NO. 2331). (Attached)
(b) Removed from the Consent Calendar.
(c) Memorandum from Library Director
Library
regarding GIFT TO LIBRARY
(50)
ADMINISTRATION OF IBM MAG CARD II
EQUIPMENT FROM PACIFIC INVESTMENT
MANAGEMENT COMPANY (estimated value
- $1,500)
10.
PUBLIC REARING SCHEDULING - For June 11,
1984:
(a) 1984 -85 ANNUAL BUDGET, pursuant to
Budget
Section 1102 of the Newport Beach
'84 -85
City Charter.
(b) PROPOSED EXPENDITURES FROM THE
RevShrg
FEDERAL REVENUE SHARING FUNDS FOR
'84 -85
FY 1984 -85.
11.
STREET, ALLEY, BIKE TRAIL RESURFACING
St /Alley/
AND RECONSTRUCTION PROGRAM (C -2415) -
Bk Trl Rsr£
Approve the plans and specifications,
C -2415
and authorize the City Clerk to
(38)
advertise for bids to be opened at 11
a.m. on June 15, 1984. (Report from
Public Works.)
Volume 38 - Page 176
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May 29, 1984
12. TRACT 10151. - Approve an Agreement for
nonstandard street improvements;
authorize the Mayor and City Clerk to
execute said Agreement; and direct the
City Clerk to have said Agreement
recorded with the Orange County
Recorder. (Report from Public Works)
MINUTES
Tr 10151
13. RESUBDIVISION NO. 465, CORPORATE PLAZA - Resub 465
Approve a Subdivision Extension (84)
Agreement (to October 15, 1985) for the
construction of portions of Avocado
Avenue. (Report from Public Works)
14. RESUBDIVISION NO. 713 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 713;
authorize the Mayor and City Clerk to
execute said Agreement; and accept the
offer of dedication of a 10 -foot radius
corner cutoff of the intersection of
East Balboa Boulevard with Palm Street.
(Report from Public Works)
15. RESUBDIVISION NO. 753 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 753;
authorize the Mayor and City Clerk to
execute said Agreement; and accept the
offer of dedication of a 10 -foot radius
corner cutoff at the corner of Jasmine
Avenue and 4th Avenue. (Report from
Public Works)
Resub 713
(84)
Resub 753
(84)
16. BALBOA PIER HANDRAILING REPAIR (C -2427) jBalboa Pr
- Approve the plans and specifications; Hndrlg
and authorize the City Clerk to C -2427
advertise for bids to be opened at 11 (38)'
a.m. on June 14, 1984. (Report from
Public Works)
17. APPEAL FROM DENIAL BY THE STAFF OF AN
APPLICATION TO CONSTRUCT A NEW CURB CUT
AT 436 FERNLEAF AVENUE - Continue the
matter until June 11, 1984. (Report
from Public Works)
18. Removed from the Consent Calendar.
19. ACCEPTANCE OF LIDO ISLE BRIDGE
REHABILITATION (C -2345) - Accept the
work; and authorize the City Clerk to
file a Notice of Completion and release
the bonds 35 days after Notice of
Completion has been recorded, provided
no claims filed. (Report from Public
Works)
Volume 38 - Page 177
Permit/
Curb Cut
(65)
Lido Is Brdg
Rehab
C -2345
(38)
MEMBERS
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May 29, 1984
20. ACCEPTANCE OF 16TH STREET UTILITIES
SERVICE YARD GARAGE BUILDING (C -2396) -
Accept the work; and authorize the City
Clerk to file a Notice of Completion and
release the bonds 35 days after Notice
of Completion has been recorded,
provided no claims filed. (Report from
Public Works)
21. APPROVAL OF ORANGE COUNTY FLOOD CONTROL
DISTRICT PROJECT - Approve the project
(slope lining on Santa Ana -Delhi
Channel). (Report from Public Works)
22. REQUEST PROM CLIFF HAVEN COMMUNITY
ASSOCIATION - For special large trash
pickup day, on Saturday, June 16, 1984
(refer to staff for rescheduling the
requested date).
23. LEGAL PUBLICATIONS FOR 1984 -85 -
Instruction to the City Clerk to publish
a Notice Inviting Bids to be received at
or before the hour of 4:00 p.m., on
Wednesday, June 13, 1984, for a contract
covering the publishing and printing of
all legal notices, or other material
required to be published in a newspaper
of general circulation published and
circulated in the City of Newport Beach,
for the fiscal year ending June 30,
1985.
24. REQUEST FROM LE BIARRITZ RESTAURANT -
For approval of valet parking drop -off
(to staff for report back on June 11,
1984). (Attached)
25. BUDGET AMENDMENTS - For approval:
BA -071, $200 - Increase in Budget
Appropriations and Revenue Estimates for
purchase of key tags for buildings
emergency lock boxes (donation from The
Irvine Company); Fire Suppression Fund.
BA -072, $11,000 - Transfer in Budget
Appropriations to provide additional
funds for walkways in Irvine Terrace
Park.
BA -073, $44,500 - Increase in Budget
Appropriations to provide for correction
of project erroneously funded in State
Gas Tax, (Section 2107) rather than
Contribution Fund.
BA -074, $11,250 - Increase in Budget
Appropriations and decrease in,
Unappropriated Surplus to provide for
Telephone Consultant; General Fund.
Volume 38 - Page 178
16th St
Utlts Srvc
Grg Bldg
C -2396
(38)
SAna -Delhi
Chnl /PW
(74)
GS /Trash
Pickup
(44)
Legal Adv/
°84 -85
(20)
(63)
(25)
COUNCIL MEMBERS
•
Motion
All Ayes
Motion
All Ayes
�J
ion
Aye:
x
KA
x
t ��� •';> � � ra"
MINUTES
15May 29, 1984
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from City Attorney on REQUEST OF
PIERCE O'DONNELL FOR INCREASE IN HOURLY
RATE FROM $125 /HR TO $150 /HR, was
presented.
Motion was made to refer this item back
to the City Attorney for additional
information.
Pierce
O'Donnell/
C -2331
(38)
2. Report from Public Works regarding UprNpt Bay/
IMPLEMENTATION AGREEMENT -UPPER NEWPORT PW
BAY SEDIMENT CONTROL FACILITIES, was (74)
presented.
Supplemental report from Public
Works regarding Port of Long Beach
Mitigation Funds, was presented.
Motion was made to accept the role as
lead agency and direct City staff to
administer the Upper Newport Bay
Sediment Control Facilities Project;
authorize the City staff to retain
Donald Simpson as a consultant to the
Upper Newport Bay Executive Committee;
and authorize the City Manager to sign a
letter of understanding with the Port of
Long Beach providing for the use of
$600,000 of Port funds for a portion of
Upper Newport Bay Sediment Control
Facilities.
3. Letter from Fran Ferrer, Bicycle Trails /Back Bay
Citizens Advisory Committee Dr Tfk
Sub - Committee Chairman, and Stuard (74)
Industries, Inc., concerning Back'Bay
Drive traffic. was presented.
Gene Waggoner, 2573 Elden Avenue, Costa
Mesa, addressed the Council in support
of keeping Back Bay Drive closed to
vehicular traffic from San Joaquin Hills
Road to East Bluff. He stated that he
walks the area four times a week and has
had many close encounters with speeding
vehicles. He commented that the area is
a wildlife preserve which he felt should
remain as such. He urged the City
Council to not open the route to
unauthorized. vehicles.
It was pointed out by the staff that
Back Bay Drive will be opened shortly to
vehicular traffic and that it will be
closely monitored by the Police and
Public Works Departments, with a report
to the City Council on June 25, 1984.
Motion was made to refer the foregoing
correspondence to the Public Works
Department for response.
Volume 38 - Page 179
•
Motion
All Ayes
Motion
0
I-lotion x
Ayes
Noes
0
A
" ' f` r ii
r k w
X
x I x I x l x l x l x l x
MINUTES
May 29, 1984
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE N0, 84 -11, being, Ord 84 -11
AN ORDINANCE OF THE CITY OF NEWPORT Elections
Campaign
BEACH AMENDING CHAPTER 1.25 OF THE Cntrb
NEWPORT BEACH MUNICIPAL CODE (39)
REGARDING CAMPAIGN CONTRIBUTIONS,
was reintroduced and presented for
second reading and adoption, with report
from the City Attorney.
Motion was made to adopt Ordinance No
84 -11.
Council Member Strauss stated that, even
though the ordinance does not have the
control over contributors, and
uncontrolled committees he had hoped
for, he will support the motion,
The motion was voted on and carried.
I. CONTINUED BUSINESS:
1. Suggested City Council Policy for Cncl Plcy/
voluntary CODE OF ETHICS, was presented Cd Ethics
with a report from the City Attorney. (69)
Motion was made to adopt the proposed
policy for Voluntary Code of Ethics,
with the deletion of Item 10 -(B)
regarding the restriction of campaign
expenditures to a set amount or less.
Substitute motion was made to disallow
subject policy.
It was pointed out by the staff that the
State has enacted recent legislation
establishing a code of fair campaign
practices which is required to be given
to each candidate, and that the proposed
City policy is very similar to the
State -wide Code of Ethics for advising
candidates of the requirements and
obtaining voluntary compliance.
Following comments, the substitute
motion was voted on and carried.
2. Report from Marine Department dated May Califia
14, 1984 regarding request from the Canoe Clb/
CALIFIA CANOE CLUB TO STORE AND LAUNCH 18th & Bay
ONE CANOE FROM THE PUBLIC BAY BEACH AT (51)
10TH AND WEST BAY, was presented.
Report from Marine Department, dated May
29, was presented.
Volume 38 - Page 180
imnF y
Linn Avatt:ar, 354 Bucknell Road, Costa
Mesa, owner and coach of the Califia
Canoe Club, addressed the Council in
support of their request. She stated
•
that the proposed location of 18th
Street and West Bay was acceptable;
however, she would still prefer to house
their outrigger canoe at 10th Street and
West Bay.
Motion
x
Following discussion, motion was made to
All Ayes
allow the Califia Canoe Club use of the
beach at 18th and Bay along with the
Newport Outrigger Canoe Club, subject to
the conditions listed in the staff
report dated May 14, 1984.
J. CURRENT BUSINESS:
1. Report from the Planning Department
GPA 83 -1(d)
regarding GENERAL PLAN AMENDMENT
(45)
83 -1(d), a request initiated by the City
of Newport Beach to amend the Land Use
and Residential Growth Elements of the
Newport Beach General Plan, to consider
an expansion of the scope of a
previously- initiated General Plan
Amendment for the Fifth Avenue /MacArthur
Boulevard site, was presented.
Motion
x
Motion was made to expand the scope of
All Ayes
General Plan Amendment No. 83 -1(d); and
direct staff to set the amendment for
public hearing before the Planning
Commission, after preparation of the
required Environmental Documents.
2. Report from the City Manager regarding
Cncl Plcy/
MODIFICATION OF THE COUNCIL ORDER OF
Cncl Ordr
BUSINESS, was presented.
Business
(69)
Motion
x
Motion was made to approve proposed
modification to Council Policy A -10,
which changes the City's Order of
Business and places Ordinances for
Introduction on the ,Agenda format
following the Consent Calendar.
Motion
x
Substitute motion was made to disallow
the proposed change.
Motion
x
A second substitute motion was made to
Ayes
x
x
x
approve the original motion made by
Noes
x
x
x
x
Council Member Agee, which motion
FAILED.
Ayes
x
x
x
x
The substitute motion on the floor was
Noes
x
x
x
voted on and carried.
Volume 38 - Page 181
CITY OF NEWPORT BELCH
COUNCIL MEMBERS
9 s
G� A�9G
ROLL Cr4L p�p May 29, 1984
MINUTES
INDFX
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to continue the West WNpt Pkg
Ayes
Newport Parking Plan to June 25, 1984; Perm Prg
staff to notify the Homeowners
Associations and other interested
parties deemed appropriate.
Meeting adjourned at 10:55 p.m.
v
ayor
ATTEST:
City Clerk
Volume 38 - Page 182