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HomeMy WebLinkAbout03/11/1985 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING MINUTES PLACE: Council C hambe rs TIME: 7:30 P.M. DATE: March 11, 1985 GC\'P\�X ROLL INDEX Presentation of Proclamation by Mayor honoring Camp Fire's 75th Birthday Celebration. Peeent x x x x x x A. ROLL CALL, Absent x B. The reading of the Minutes of the Regular Meeting of February 25, 1985, and Adjourned Meeting of March 1, 1985 was waived. Motion x Motion was made to approve the Minutes All Ayes of the Regular Meeting of February 25, 1985 as written, and ordered filed. Motion x Motion was made to approve the Minutes Ayes x x x x x of the Adjourned Meeting of March 1, Abstain x 1985 as written, and ordered filed. 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 Maurer opened the continued public CATV /Cmnty hearing regarding EXTENSION OF CATV Cablevision FRANCHISE AREA COMMUNITY CABLEVISION (42) COMPANY. Reports dated December 10, 1984, and March 11, 1985 from Executive Assistant were presented. The City Clerk reported that after the printing of the agenda, a letter had been received from Group W Cable, dated March 7,1985, objecting to the current proposal and urging the Council to deny the request. Council Member Cox entered the meeting at 7:40 p.m. It was noted that this item was continued from the.Council meeting of December 10, 1984, to enable Staff to access the results of the Group W rebuild and the implications of an overbuild on subscriber services. Essentially, the Community Cablevision Company which now serves the eastern portion of the City, north of Coast Highway and east of Jamboree Road is requesting to extend its franchise area into the airport /industrial area and the Bayside Marina /Promotory Point /Dunes/ • Newporter Inn /Park Newport area which is also within the Group W franchise area. Volume 39 - Page 75 COUNCIL MEMBERS \CAL ROLL GsP � March 11, 1985 MINUTES f�TT� It was recommended by the staff that, CATV /Cmnty based upon the investigation as set Cablevision forth in their report, and based upon • the stated preference of the subscribers in the subject areas enumerated in said report, the request of Community Cablevision be approved. Don McNutt, President, Community Cablevision Company, addressed the Council and stated that they were in agreement with the comments of staff and the.recommendation for approval. He displayed a map showing the areas they currently serve, as well as those areas not being served by Group.W. Mr. McNutt stated that their objective is to acquire the right to compete with Group W to serve existing and future developments in the requested areas. It is not their intent to duplicate any system which Group W currently operates. In addition, if their request is granted, Community Cablevision will not infringe on any rights that are currently held by Group W. Mr. James W. Bequette, District General Manager, Group W Cable, addressed the Council and stated that the primary intent of their March 7, 1985 letter was to call attention to matters they felt the Council should address to insure any cable franchisee receives fair and equal treatment with the City. Mr. Bequette enumerated their concerns as follows: 1. If Community Cablevision is to provide service in areas served by Group W. they should be bound by the same terms and conditions of the Group W franchise. It doesn't appear reasonable for one cable company to be permitted rates 42% higher than the other for comparable service in the same City. In addition, Community Cablevision should be required to provide, or reimburse Group W to provide, local programming of public interest to Newport Beach citizens, such as the City Council meetings. Volume 39 — Page 76 COUNCIL MEMBERS \CAL\'p ROLL March 11, 1985 MINUTES INDEX 2. Essentially, Community CATV /Cmnty Cablevision is "cherry Cablevision • picking," that is selecting prime areas for their service without obligations to build other areas which may be less desireable due to higher cost, etc. 3. Many of the facilities and proposed developments in the areas selected by Community Cablevision for expansion are owned by their parent company, The Irvine Company. In developments such as Promontory Point, The Irvine Company could simply deny Group W access and provide access to its subsidiary. Thus the consumers of cable service would not be provided an advantage from competition, but forced to pay substan- tially higher prices for the same service. 4. In new developments it would be possible that The Irvine Company, as the developer, would deny access to Group W • to trenches on the then private streets during development but provide access to its subsidiary company, Community Cablevision. Then, later when the streets are dedicated as public streets, Group W would be at a significant competitive disadvantage since the cost of opening new trenches would be many times that of the joint trench and probably incur the opposition of both the homeowners and City staff. If the City Council approves Community Cablevision`s request for extension, we suggest that either all franchised companies have equal access to trenches or the City should refuse to subsequently accept those streets into the City system. • Volume 39 - Page 77 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\ -KROLL s March 11, 1985 MINUTES [aw. In conclusion, Mr. Bequette requested CATV /Cmnty that the Council delay action on the Cablevision request of Community Cablevision to • extend their franchise area until some of the aforementioned issues are resolved. Mr. McNutt addressed the Council again and spoke in rebuttal with respect to the rates differential between Community Cablevision and Group W. and explained the reasons therefor. He also stated that Community Cablevision provides its customers with 1 °first class" service; that their technical staff is well trained, and as a result explains why they have a 70% market share. Mr. Bequette of Group W Cable, also spoke in rebuttal, stating that they also give good service to their subscribers. With respect to community programming, Group W has televised about 24 City Council meetings, and he indicated he is going to do what he can to see that Group W receives a like amount of fair programming for interested residents of Newport Beach from Community Cablevision. Discussion ensued wherein it was noted that Group W was "overdue11 for a rate • increase. Following comments by Council, the public hearing was closed. Motion x Motion was made to introduce Ordinance Ord 85 -4 No. 85 -4, and pass to second reading and (Introduced; adoption on March 25, 1985. Motion x Substitute motion was made to introduce Ordinance No. 85 -4, and pass to second reading and adoption on March 25, 1985, but excluding the areas De Anza Mobile Village and Newporter Inn. In response to Council inquiry regarding the legality of the substitute motion, the City Attorney advised that he felt the Council could make whatever decision it wanted, so long as that decision is not based upon intent to restrict or restrain competition between companies; in essence, he felt the Council was on 1 7safe ground." Ayes x x The substitute motion was voted on and Noes x x x x x FAILED. • Volume 39 - Page 78 COUNCIL MEMBERS \CALROLL March 11, 1985 MINUTES owngy Ayes x x x x x x The motion on the floor was voted on and Nogs x carried. 2. Mayor Maurer opened the public hearing TMap Tr12360 regarding the TENTATIVE MAP OF TRACT NO. 12360, a request of BRION S. JEANNETTE, Newport Beach, to subdivide an existing parcel of land into three numbered lots, each for two -unit residential condominium development, and one lettered lot for public access and public utility purposes, on property located at 726-732;1 Tustin Avenue, on the southeasterly side of Tustin Avenue, between Holly Lane and 16th Street, in Newport Heights; zoned Unclassified. Report from Planning Department, was presented. Bison Jeannette, Architect, addressed the Council stating he was in concurrence with the staff recommendation and was available for questions. Michael Allen, 2508 Holley Lane, addressed the Council with regard to Condition No. 7, requiring that a 26 -foot ingress /egress easement for Lot A for the benefits of Lots No. 1, 2, and 3 be provided, and further, that an • easement for ingress and egress be provided over portions of Lots No. 2 and 3 for the benefit of Lots No. 2 and 3, and indicated he did not agree with staff's recommendation in this regard. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve the Tentative All Ayes Map of Tract No. 12360 subject to the Findings and Conditions of Approval as recommended by the Planning Commission. IPCA 3. Mayor Maurer opened the public hearing 613 regarding PLANNING COMMISSION AMENDMENT (94) NO. 613, a request of THE IRVINE COMPANY, Newport Beach, to amend the Planned Community Development Plan for the NORTH FORD PLANNED COMMUNITY so as to establish development standards for Area 5; and the acceptance of an Environmental Document. Property located on portions of Blocks 51 and 57 of Irvine °s Subdivision, generally bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and University Drive (Extended), . commonly known as Area 5 of the North Ford Planned Community; zoned P -C; Volume 39 - Page 79 COUNCIL MEMBERS \CAL ROLL s� ,o S ti 9 0LL March 11, 1985 MINUTES ITSiiTWJ AND • TENTATIVE MAP OF TRACT NO. 12309, a request of THE IRVINE COMPANY, Newport TMap Tr12309 Beach, to subdivide 125.88 acres of land located in the NORTH FORD PLANNED COMMUNITY so as to create one lot for office development, one lot for single- family detached residential development, four lots for residential condominium development, two lots for residential apartment development, one lot for retail commercial development, and one lot for public park purposes. Property bounded by MacArthur Boulevard, Bison Avenue, Camelback street, Jamboree Road and San Diego Creek; zoned P -C; AND TENTATIVE MAP OF TRACT NO. 12306, a TMap Tr12306 request of IRVINE PACIFIC, Newport Beach, to subdivide 11.16 acres of land located in Area 5 of the NORTH FORD PLANNED COMMUNITY, being a further subdivision of Lot No. 8 of the Tentative Map of Tract No. 12309, so as to create six numbered lots for residential condominium purposes, two lettered lots for private street purposes, one lettered lot for private recreation purposes and two lettered lots for private open space purposes. Property located at 4836 Jamboree Road, on the northeasterly corner of Jamboree Road and Camelback Street, in Area 5 of the North Ford Planned Community; zoned P -C; AND TENTATIVE MAP OF TRACT NO. 12271, a TMap Tr12271 request of the BREN COMPANY, Newport Beach, to subdivide 26.84 acres of land located in Area 5 of the NORTH FORD PLANNED COMMUNITY, being a further subdivision of Lot No. 9 of the Tentative Map of Tract No. 12309, so as to create 172 numbered lots for detached single- family residential development, one lettered lot for private recreational purposes, and three lettered lots for private open space purposes. The proposal also includes an exception to the Subdivision Code so as to allow the creation of interior lots which are less than 50 ft. wide and less than 5,000 sq.ft. in area, and corner lots which are less than 60 ft. wide and less than 6,000 sq.ft. in area. • Property located at 4836 Jamboree Road, Volume 39 - Page 80 MINUTES INDEX on the easterly side of Jamboree Road, PCA 613/ between Camelback Street and the TMpTrl2309/ proposed University Drive (Extended) in 12306/12271 • Area 5 of the North Ford Planned Community; zoned P -C. Report from Planning Department, was presented. The City Clerk reported that, after the printing of the agenda, a letter was received from the State Department of Transportation regarding the draft EIR for this project. The staff has responded to their comments and have attached said responses to the subject letter. In addition, three letters were received from the Legal Aid Society just prior to the City Council meeting in opposition to Tentative Tract Map No.'s 12271, 12306 and 12309, which were distributed to the Council. The Planning Director presented a Supplemental Report regarding the three Tentative Maps, suggesting the following finding for approval to the recommended action be added as follows: "That the project as conditioned is • consistent with the Housing Element of the General Plan as amended June 25, 1984, in that the project meets or exceeds all criteria set forth therein.11 It was also suggested by the Planning Director, that the following additional wording be added to Condition No. 18 for Tentative Map of Tract No. 12309: "Park credit will be granted for dedication in excess of that required by the development. Credit will be granted only for area of the park which is flat, useable and outside the 100 year flood plain. Park credits generated as a result of this project may be utilized by residential development in the City, but shall not be used by residential development on any site which carries a neighborhood park designation in the Recreation and Open Space Element of the General Plan (such as Newporter North, Castaways, Westbay, or Newporter Center)." Volume 39 - Page 81 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gin � $�� March 11, 1985 MINUTES wnrY The City Attorney stated that after PCA 613/ reviewing the Development Agreement for TMpTr12309/ this project, he would suggest that the 12306/12271 last sentence of the foregoing proposed language be deleted as he did not feel it was consistent with the Development Agreement already approved by the City Council.. Brad Olson, representing The Irvine Company, addressed the Council and stated that they have reviewed the staff report and are in agreement with the recommended findings and conditions of approval. However, one additional issue which they believe needs to be addressed as part of the City Council's action on Tentative Tract No, 12309 has to do with park dedication credits. As a result of modifications to the boundaries of the park site necessitated by hydrology considerations, the actual size of the park is expected to exceed 12 acres as previously proposed. In order to account for possible excess park credits, consistent with the provisions of the development agreement, an additional condition is proposed as follows: "84. At the time of City review of the final map (Tract No. • 12309) the precise acreage and boundaries of the park site, including parking area, shall be established and the developer shall be granted credits for park acres dedicated in excess of the park dedication required for the subject tract. At that time the City shall initiate an amendment to the North Ford Planned Community text to reflect the park dedication area as established in the final map." Mr. Olson also stated that with respect to the proposed additional language for Condition No, 18, the wording is new to them, and different from that which was agreed to in the Development Agreement, and therefore, they do have a concern. The project was outlined at this time by Mr. Olson, and he answered questions of the Council. • Volume 39 m Page 82 Council Member Strauss expressed some of his concerns regarding various Conditions of Approval and suggested • different wording in some areas, which he stated he felt should be made prior to final action by Council. Motion Following comments, motion was made to All Ayes x continue the public hearing to March 25, 1985. E. PUBLIC COMMENTS: 1. David Moore, (no address given) Traffic/ addressed the Council in opposition to Eastblf Dr. the removal of the Crossing Guard for East Bluff Drive /Our Lady, Queen of Angels School. He stated it is proposed by the Traffic Affairs Committee that the Crossing Guard be reassigned to assist children at Mar Vista and East Bluff only. He requested that this item be referred back to the Traffic Affairs Committee for reconsideration. There being no objections, the staff was requested to review the proposal and report back. F. CONSENT CALENDAR: Iofln x The following actions were taken as k11 Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on March 25, 1985: (a) Proposed ORDINANCE NO. 85 -5, being, Ord 85 -5 Zoning AN ORDINANCE OF THE CITY OF (94) NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 23 SO AS TO REDUCE THE BAYSIDE SETBACK OF LOT 1, TRACT NO. 802, FROM FIFTEEN FEET TO ZERO FEET, WITH THE EXCEPTION THAT A TRIANGULAR AREA IN THE NORTHEASTERLY CORNER OF THE SITE, MEASURING THIRTY -FIVE FEET ALONG THE BAY AND EIGHTEEN FEET ALONG THE EASTERLY PROPERTY LINE, SHALL BE MAINTAINED AS A CLEAR, UNOBSTRUCTED FRONT YARD SETBACK (PLANNING COMMISSION PCA 616 NO. 616). (Report from the Planning Department) • Volume 39 - 83 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� o ti 9 ROLL Gss ��9 FP y�9 March 11, 1985 MINUTES INDEX 0 5 e/ .ation -12 1) Oil -13 Ld Hoc L Pnsla ite i -14 H'wy ?rj / Is & it Bl (b) Proposed ORDINANCE NO. 85 -6, being, Ord 85 Zoning AN AMENDMENT OF THE CITY OF (94) NEWPORT BEACH ADOPTING THE PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE JASMINE PARK PLANNED COMMUNITY LOCATED ON THE SOUTHWESTERLY CORNER OF MARGUERITE AVENUE AND HARBOR VIEW DRIVE, AMENDING A PORTION OF DISTRICTING MAP NO. 32 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R -1 -B DISTRICT TO THE PLANNED COMMUNITY DISTRICT AND ESTABLISHING SPECIFIC SETBACKS ADJACENT TO JASMINE CREEK ON SAID DISTRICTING MAP (PLANNING PCA 61 COMMISSION AMENDMENT NO. 615). (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85 -12 supporting SB Financ 429 (Seymour), and endorsing the Legis] creation of an Orange County Res 8' Unified Transportation Trust Fund. (40/41 (Report from Public Works) (b) Resolution No. 85 -13 supporting Offshi mitigation measures for emissions Res 8' from Offshore Oil Development. (87) (Report from City Attorney) (c) Resolution No. 85 -14 extending the Cncl J expiration date for the City Balbo< Council Ad Hoc Balboa Peninsula Zng Cz Zoning Committee. Res 8: (24) 3. CONTRACTS /AGREEMENTS: - (a) Authorize the Mayor and City Clerk Coast to execute a Local Agency Wdng Consultant Agreement with the Baysi engineering firm of ASL Consulting McArtl Engineers for the preparation of C -2501 final design plans, specifications (38) and cost estimate (PS & E) for the Coast Highway Widening Project (Bayside Drive to MacArthur Boulevard). (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. • Volume 39 - Page 84 0 5 e/ .ation -12 1) Oil -13 Ld Hoc L Pnsla ite i -14 H'wy ?rj / Is & it Bl "UJU -.. COUNCIL MEMBERS \CALROLL Gss �Fp F9 y�9 March 11, 1985 MINUTES IIH11WI (b) To Planning Department for Cannery Vlg/ inclusion in the records, letter AcFdn Sq Spc from Central Newport Beach krea. Pln • Community Association President (68) regarding Cannery Village /McFadden Square Specific Area Plan, Parking Lot Location, Residential Meters. (c) Removed from the Consent Calendar. (d) To Parks and Recreation Department R &B /Cmnty for :inclusion in the records, a Yth Ctr copy of letter from Community Park (62) Advisement Committee regarding proposed Community Youth Center. (e) To Pending Legislation and Legislation Procedural Ethics Committee, letter (48) from California Assemblyman Art Agnos regarding support for AB 168 (nonprofit charitable organizations). (f) Removed from the Consent Calendar. (g) To Aviation Committee for inclusion O/C-John Wyn in the records, letters from Mrs. Airport Ann Norman, Mr. and Mrs. Kenneth W. (54) Knight, II, D. E. Bradbury, George Hallock, and John T. Keating; opposing Orange County /John Wayne • Airport expansion. Note: After the agenda was printed a copy of a letter sent to the Orange County Board of Supervisors in support of airport noise violation enforcement was received from Margaret Howland; and comments from John Dale Evans regarding airport generated noise and pollution. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Commission Preliminary Agenda of March 6, 1985. (b) Orange County Division League of California Cities Minutes of January 10, 1985. (c) Applications before the California Public Utilities Commission regarding: Southern California Edison . Company (No. 85 -02 -042); Volume 39 - Page 85 il 111 • i_ COUNCIL MEMBERS 0 kP ROLL \tp\��p F �<p • • March 11, 1985 MINUTES (36) r ig id Mandell II on by is !r `or lHuyen Van Thi Bui i99 me I 199 me 199 me Trung Minh Tran Tu Hoang.Le Catalina Passenger Service, Inc. for fare rate increase and Southern California Gas Company (No. 85 -02 -077 and 85 -02 -071). 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) William P. Klein seeking properr damage for reimbursement, allegi. City sewer line backed up at 10 Winged Foot Lane on February 14, 1985. (b) Maurice Mandell II for damages a reimbursement of impound fee and loss of income, alleging various peace officers published false statements without justification or about December 2. (c) Bruce Eugene Wilson alleging .personal injuries, false arrest, City Police Officer at 223 Colli Street, Balboa Island, on Novemb 17, 1984. (d) Removed from the Consent Calenda (e) Application for leave to present Late Claim of Huyen Van Thi Bui damages as a result of traffic accident at Coyote Canyon Road, feet south of Bonita Canyon on J 27, 1984, alleging City failed t post maximum speed sign of 35 MPI on roadway. (f) Application for leave to present Late Claim of Trung Minh Tran fo damages as a result of traffic accident at Coyote Canyon Road, feet south of Bonita Canyon on J 27, 1984, alleging City failed t, post maximum speed sign of 35 MP1 on roadway. (g) Application for leave to present Late Claim of Tu Hoang Le for damages as a result of traffic accident at Coyote Canyon Road, feet south of Bonita Canyon on J1 27, 1984, alleging City failed t post maximum speed sign of 35 MPl on roadway. Volume 39 - Page 86 MINUTES (36) r ig id Mandell II on by is !r `or lHuyen Van Thi Bui i99 me I 199 me 199 me Trung Minh Tran Tu Hoang.Le �- - COUNCIL MEMBERS \CALROLL GSp Z�9 March 11, 1985 MINUTES wnFY For rejection: (h) Late claim of A. M. Hitchcock Hitchcock alleging for property damage to vehicle as a result of rocks in roadway at Superior Boulevard on May 10, 1984. (i) Return Claim /Deny Application for Kaskla leave to present Late Claim of Tina Kaskla seeking indemnity for damages incurred as a result of traffic accident at intersection of Campus and Bristol Streets on October 23, 1983 (second amendment complaint served October 26, 1984). 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Jo Ann Jolley, Orange County Jolley Superior Court, Case No. 45- 09 -81. Claim was denied by City Council on September 10, 1984. (b) Charles Elwood Schmitz, Orange Schmitz County Superior Court, Case No. 43- 43 -81. Claim was denied by City Council on October 22, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) • (Report from the City Manager) (a) Approve one Library Clerk II, Library Department. (b) Approve one Building Inspector II, Building Department. (c) Approve one Watermeter Man, Utilities Department. (d) Approve one Recreation Clerk- Typist, Parks & Recreation Department. (e) Approve one Typist Clerk I, Parks & Recreation Department, Senior Citizen Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Personnel Director's response to Personnel/ Newport Beach Firefighters' J -1 Association regarding J -1 Policy. (66) • Volume 39 - Page 87 COUNCIL MEMBERS C'0 \'P\(�p ROLL CAL • 0 MINUTES March 11, 1985 INDEX 'B &R /Master 'ln /Upr Npt 3ay Park (62) )trC /Shelf (87) 3PA 83 -1(a) (45) GPA 83 -1(d) (45) TMpTr 12245 TMpTr 11949 (b) Report from Planning Department regarding MASTER PLAN FOR REGIONAL PARKS IN UPPER NEWPORT BAY with recommendation. (c) Report from City Attorney regarding OUTER CONTINENTAL SHELF REVENUES. 10. PUBLIC HEARING SCHEDULING - For March 25, 1985: (a) GENERAL PLAN AMENDMENT 83 -1(a) - A request initiated by the CITY OF NEWPORT BEACH, to amend the LAND USE.and RECREATION AND OPEN SPACE ELEMENTS of the NEWPORT BEACH GENERAL PLAN for the MARGUERITE AVENUE, FIFTH AVENUE and BUCK GULLY PARCELS. (Report from Planning Department) (b) GENERAL PLAN AMENDMENT 83 -1(d) - A request initiated by the CITY OF NEWPORT BEACH, to amend the LAND USE ELEMENT of the NEWPORT BEACH GENERAL PLAN for the FIFTH AVENUE /MACARTHUR BOULEVARD PARCEL. (Report from Planning Department) (c) TRAFFIC STUDY and the TENTATIVE MAP OF TRACT NO. 12245, requests of LDM DEVELOPMENT, INC., Laguna Hills, to consider a Traffic Study for a 47 unit single - family residential development; and a request to subdivide two existing parcels of land into 47 numbered lots for single- family attached residential development, one numbered lot for private recreational purposes, one numbered lot for private open space purposes, and one numbered lot for public park purposes, on property located in the R -1 -B District (proposed to be rezoned to P -C). Property located at 875 Marguerite Avenue, on the southwesterly corner of Marguerite Avenue and Harbor View Drive, in Harbor View. (Report from Planning Department) (d) TENTATIVE MAP OF TRACT NO. 11949 - A request of the BREN COMPANY, Newport Beach, to subdivide two existing parcels of land, containing 16,06 acres, into eighty numbered lots for single - family detached residential development; two lettered lots for public park Volume 39 - Page 88 INDEX 'B &R /Master 'ln /Upr Npt 3ay Park (62) )trC /Shelf (87) 3PA 83 -1(a) (45) GPA 83 -1(d) (45) TMpTr 12245 TMpTr 11949 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL March 11, 1985 MINUTES INDEX purposes; two lettered lots for private open space purposes; and three lettered lots for public • alley purposes. The proposal also includes an exception to the Subdivision Code so as to allow the creation of interior lots which are less than fifty feet wide and less than 5,000 sq.ft. in area, and corner lots which are less than sixty feet wide and less than 6,000 sq.ft. in area. Property located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue between Marguerite Avenue and the Newport Beach City Limits, in Corona del Mar; zoned R -1 -B. (Report from Planning Department) (e) TENTATIVE MAP OF TRACT NO. 12209 rMpTr 12209 A request of IRVINE PACIFIC, Newport Beach, to subdivide three existing parcels of land and a portion of vacated 5th Avenue, containing 6.63 acres, into a single lot for residential condominium development for property located at 6000 MacArthur Boulevard, on the northeasterly corner of MacArthur Boulevard and East Coast Highway, in Corona del Mar; zoned P -C and C -1. (Report . from Planning Department) Appeal Applications: (f) The Irvine Company - Planned CA 614 Community Development Plan (Amendment No. 614) for Bren Corona del Mar Cottage Homes and related Traffic Study. (g) The Irvine Company - Planned PCA 612 Community Development Plan (Amendment No. 612) for Irvine Pacific Brisa del Mar Apartments, and related Traffic Study. (h) Donald L. Bendetti - Variance No. �ariance 1119 on property located at #1 119 Harbor Island Drive. Request to (91) permit the construction of single family dwelling in the R -1 District which exceeds two times the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 15 feet into the • required 15 -foot yard setback. Volume 39 - Page 89 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0 s o A S S 9 Of ROLL CAL Gsr � F9 y�9 March 11, 1985 MINUTES INDEX 11. RESUBDIVISION NO. 765 - (Lots 4 -6, Block tesub 765 3, Balboa Bayside Tract, located at 503 Edgewater Place on the southeasterly corner of Edgewater Place and Adams Street, in Central Balboa); approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 765; and authorize the Mayor and City Clerk to execute the said Agreement. (Report from Public Works) 12. REQUEST OF ROBERT ZAPFEL 6 ANGELA KRAUS Permit/ OF #12 NAPOLI - To construct planters Nonstd impvm and landscape within a City public (65) utility easement located along their westerly property line; approve issuance of an encroachment permit for construction of non - standard improvements; approve the agreement for non- standard improvements; and authorize the Mayor and City Clerk to execute the said agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. (Report from Public Works) 13. (This item was deleted after the agenda was printed) - NON- STANDARD IMPROVEMENT AGREEMENT - For the installation of two • monument identification signs in the Newport Center Drive median northerly of Coast Highway; authorize the Mayor and City Clerk to execute a non - standard approvement agreement with The Irvine Company for the installation of two monument identification signs in the Newport Center Drive median northerly of Coast Highway. (Report from Public Works) 14. ARTERIAL HIGHWAY FINANCING PROGRAM AHFP (AHFP) C -2492 - Endorse the C -2492 recommendations in the staff report (38) regarding the AHFP and bridge program. (Report from Public Works) 15. IRVINE TERRACE SCREEN WALL ALONG COAST Irvine Trc/ HIGHWAY FROM JAMBOREE ROAD TO ZAHMA Screen Wall DRIVE (C -2498) - Approve the plans and C -2498 specifications; and authorize the City (38) Clerk to advertise for bids to be opened at 3:00 p.m. on March 27, 1985. (Report from Public Works) Volume 39 - Page 90 C�i►i UOTIAM, 4 79•Iaa l _T COUNCIL MEMBERS c � c� March 11, 1985 0 \"'(� ROLL MINUTES 1W13 16. BALBOA ISLAND BUSINESS ASSOCIATION Permit/ APPLICATION - Approve placement of Balboa Is banner across Balboa Island Bridge from BusAssn • present time to April 6, 1985, Banner designating Easter Week Raffle. (Report (65) from Business License) 17. Removed from the Consent Calendar. 18. BUDGET AMENDMENTS - For approval: (25) BA -075, $500 - Transfer in Budget Appropriations to provide for preventative maintenance service contract for heating, ventilation, air conditioning system at the Corporation Yard for March through June; General Services - Building Maintenance Fund. BA -076, $300 - Transfer in Budget Appropriations to purchase television to replace inoperable television used by trust prisoners; Police- Administrative Fund. BA -077, $1,000 - Transfer in Budget Appropriations to provide for donation to Ruth Stoever Fleming Art Collection; Nondepartmental Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Request from Michael J. Christianson Legislation/ regarding adoption of Proposed Amendment Smoking Reg of City of Newport Beach Municipal Code (48) Regulating Smoking in Public Areas and Work Places, and letters in support from Mrs. John F. Skinner and Bonnie Jeannette, and City employee Irene Butler; and after the agenda was printed, a letter from City employee Maxine Broback against regulating smoking, were presented. Motion x Motion was made to direct the City Attorney to prepare an Ordinance regulating smoking in public places for consideration at a future Council meeting. Jeff Jeannette, 400 Santa Ana Avenue, Newport Beach, addressed the Council and spoke in favor of the proposal. Ayes x x x x x x The motion was voted on and carried. Abstain x Volume 39 - Page 91 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL O GROLL Gs`r ` March 11, 1985 MINUTES IWWA 2. Copy of letter to Curci- Turner Company Lido Mobile from Fred and Marilyn Arnold regarding Home Prk/ Lido Mobile Home Park lease, was (68) • presented. Motion x Motion was made to refer the subject All Ayes letter to the City Attorney for response with draft of said response to be approved by City Council. 3. HARBOR PERMIT APPLICATION Harbor Perm #124 - 3400 /DUNCAN MCINTOSH - Approve pl#124 -3400 application subject to conditions listed (51) in the staff report to temporarily revise section of the commercial docks at Lido Village, was presented with a report from Marine Department. Council Member Strauss expressed his concerns with the number and size of boat shows held at Lido Marina Village. He stated that the City is attempting to control water pollution, which is going to be difficult if the number of boat shows continue to increase. As a result of more boat shows, the traffic and parking problems also increase in that area. He stated he would rather see the City Council consider phasing out the number of boat shows, rather than expanding them. *n x Following comments, motion was made to A Ayes approve the subject application, but that the fire Marshall be requested to report back as to the number of boat shows he feels should be allowed at Lido Marina Village per year. 4. Letters received from concerned citizens Girl Scouts/ regarding proposed plan to eliminate the Misc. Reqst Girl Scout House at 1700 Balboa (52) Boulevard in order to alter the land use in the area between 15th and 18th Streets, Balboa Boulevard and the bay, were presented. Motion x Motion was made to refer the subject All Ayes letters to the Mariners Park Ad Hoc Committee for reply. 5. Application for leave to present Late ronsky/ Claim of Art Gronsky for property damage Claim as a result of City truck backing into (36) claimant's parked vehicle at 711 W. 17th Street, Costa Mesa, on July 30, 1984, was presented. • Volume 39 - Page 92 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL March 11, 1985 MINUTES fTrilT l Motion x Motion was made to grant the Application All Ayes for Leave to Present Late Claim; but to deny the claim as recommended by the • City Attorney. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE No. 85 -3, being, Ord 85 -3 Bus Lic/ AN ORDINANCE OF THE CITY OF NEWPORT Alarm Sys BEACH AMENDING CHAPTER 5.49 OF THE (27) NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE REGULATION OF ALARM SYSTEMS AND PERMITS TO INCLUDE ALARM SYSTEMS INSTALLED AND OPERATED ON VESSELS, was presented for second reading with report from Police Department dated February 11, 1985. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -3. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Executive Assistant roup W regarding GROUP W CATV REBUILD, was Cable . presented. (42) The Executive Assistant advised that, as a result of Group W's rebuild, a combination of above - ground and underground facilities is being installed and /or replaced. With an emphasis upon longterm reliability, Group W has been installing above - ground pedestals to house the primary connections. Such pedestals are considered to be the best protection against water damage, which has been a major problem with the older system. An attempt has been made by Group W to place the pedestals in unobtrusive locations; however, there are some areas of the City where such locations do not exist. The Executive Assistant further advised that in recent weeks, many complaints have been received from homeowners in the Mariners area, who object to the aesthetic ,appearance of the pedestals in open locations. Volume 39 - Page 93 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\\U'\(�P ROLL y�P March 11, 1985 MINUTES INDEX It was recommended by staff that Group W Group W Cable Company be directed to install Cable flush - mounted vaults, rather than pedestals within the City. James W. Bequette, District Manager, Group W, addressed the Council and stated that they have visited the area of the City identified as Area VI (Mariners) of their upgrade program, and do not find the Group W pedestals to be as unpleasant to the eye as those items installed by other utilities. It was stated by Mr. Bequette that Group W Cable is spending over $2 million to provide long -term, high quality pictures to residents of Newport Beach, and it was this long -term quality commitment which led to the selection of the pedestals as the best alternative. They are also willing to consider alternate construction methods if the Council finds the pedestals objectionable. Michael McDonald. District Engineer, Group W Cable, addressed the Council and explained their reasons for selecting pedestal boxes. He stated that active electronic equipment must be placed above - ground, and that they have only received eight formal complaints against the placement of pedestal boxes in the Mariners area. A pedestal box was displayed for Council's view, and Mr. McDonald answered questions regarding same. Motion x Following discussion, motion was made to continue with the installation of pedestal boxes, where appropriate and acceptable, but that said existing pedestal boxes be removed and replaced with flush- mounted boxes when requested by a subscriber. Kendrick Kenney, resident of Mariners /Weatcliff area, addressed the Council and stated that he has talked with twenty of his neighbors, all of whom do not like the pedestal boxes and feel the flush street -type should be installed. He stated that he lives in an underground utilities restricted area, which he paid for when he bought his home and which he now feels is being circumvented. He also felt the pedestal boxes were not only unsightly, but hazardous as well. Volume 39 - Page 94 COUNCIL MEMBERS. s .0 3 ti ti v 0'f 9 <G�i 9G.p 99� 9� CAF ROLL CAL 9 Motion All Ayes Motion All Ayes Motion All Ayes 0 0 MINUTES March 11, 1985 INDEX up W le )Tr 12245 ICAC Cliff Kopitzke, 1105 Pembroke Lane, addressed the Council and stated that he has a three foot high metal box in his ,to ab parkway, which is a blight on the neighborhood. He urged the Council to take action to have it removed. Mr. Scott, 1129 Pembroke Lane, addressed the Council and stated that the pedestal boxes are not water - proof, and that they can be flush- mounted and placed underground. He suggested this item be referred back to staff for further review. x Following comments by Council Member Cox, substitute motion was made to direct installation of flush- mounted boxes only, except in areas where water seepage would require the boxes above ground. K. ADDITIONAL BUSINESS: X 1. Motion was made to schedule public M, hearing for March 25, 1985, on Traffic Study for Tentative Map of Tract No. 12245. X 2. Motion was made to confirm (District 2) EQ Mayor Pro Tem Plummer's appointment of - Susan Boyd to Environmental Quality Citizens Advisory Committee for a term ending December 31, 1985. Meeting adjourned at 10:10 p.m. Mayor ATTEST: City Clerk �.. X, �x Volume 39 - Page 95 INDEX up W le )Tr 12245 ICAC