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HomeMy WebLinkAbout08/12/1985 - Regular Meeting�. Lwb COUNCIL MEMBERS co t 9 �G 9G bpi Fyn c�F G ROLL CAL Present Aet Motion All Ayes Motion All Ayes • Motion MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: August 12, 1985 x x x x x x A. ROLL CALL. x x B. The reading of the Minutes of the Adjourned Meeting of July 17, 1985, and the Regular Meeting of July 22, 1985, was waived, approved as written and ordered filed. x C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public hearing regarding PROPOSED ORDINANCE NO. 85 -17, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF CHAPTER 20.72 AND SECTIONS 20.31.020, 20.32.020, 20.33.025, 20.34.020, 20.61.060, 20.62.040, 20.30.035, and 20.30.040 of the NEWPORT BEACH MUNICIPAL CODE PERTAINING TO RESTAURANTS (PLANNING COMMISSION AMENDMENT NO. 617). . Letter from California Restaurant Association, reaffirming their opposition to the subject ordinance,;was presented. Report from City Attorney, recommending continuance of public hearing on proposed ordinance, was presented. x Motion was made to disallow second reading, and direct staff to return subject ordinance following satisfactory meetings with the Restaurant Association, as well as interested residents. Council Member Strauss suggested, as an alternative, that this item be continued to September 9, but with the understanding that it be disposed of;at that time. It was recommended by the City Attorney that this item be continued to September 9 for the reasons set forth in his staff report. Volume 39 - Page 284 INDEX Ord 85 -17 Restaurant/ Zoning PCA 617 (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLLq �Fp F9 y�9 • Motion All Ayes • Motion All Ayes • MINUTES August 12, 1985 INDEX 3risa del Oar PCD/ coning 'CA 612 (94) Trfc Study TMpTr 12209 GPA 83 -1(D) (45) Mayor Maurer asked if anyone wished to address the Council at this time, but there was no response. x Motion was made to continue the public hearing to September 9, 1985, as recommended. 2. Mayor Maurer opened the continued public hearing regarding requests of IRVINE PACIFIC, Newport Beach for: AMENDMENT NO. 612 - Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the BRISA DEL MAR PLANNED COMMUNITY DISTRICT. The proposal also includes a request to amend a portion of Districting Map No. 32 so as to reclassify a portion of the subject property from the C -1 District to the Planned Community District and the acceptance of an Environmental Document; AND TRAFFIC STUDY - Request to consider a traffic study for a 96 unit residential condominium development; AND TENTATIVE MAP OF TRACT NO. 12209 - Request to subdivide three existing parcels of land and a portion of vacated Fifth Avenue, containing 6.63 acres, into a single lot for residential condominium development for property located in the P -C District. Report from the Planning Department, was presented. x Motion was made to remove these applications from the Council Calendar, as requested by the applicant. 3. Mayor Maurer opened the continued public hearing regarding 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 ( BRISA DEL MAR) PARCEL. Property located northeasterly of the intersection of MacArthur Boulevard and East Coast Highway, between Sea Lane and Fifth Avenue; zoned P -C. Volume 39 - Page 285 INDEX 3risa del Oar PCD/ coning 'CA 612 (94) Trfc Study TMpTr 12209 GPA 83 -1(D) (45) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� A y ti v ROLL August 12, 1985 MINUTES INDEX Report from the Planning Department, was presented. 40 on x Motion was made to continue the public !11l Ayes hearing to September 9, 1985. 4. Mayor Maurer opened the continued public Ord 85 -5 rehearing regarding PROPOSED ORDINANCE Zoning NO. 85 -5, being, PCA 616 (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 23 SO AS TO DESIGNATE A FRONT YARD SETBACK OF ZERO FEET ALONG THE BAY, WITH THE EXCEPTION OF A TRIANGULAR AREA IN THE NORTHEASTERLY CORNER OF THE SITE THAT SHALL BE MAINTAINED AS A CLEAR, UNOBSTRUCTED FRONT YARD SETBACK, LOCATED AT #1 HARBOR ISLAND (PLANNING COMMISSION AMENDMENT N0. 616). Report from Planning Department, dated June 24, 1985, was presented. E. Llewellyn Overholt, Jr., applicant, addressed the Council and advised that the Harbor Island Community Association, on August 5, 1985, accepted his proposed compromise setback line. He distributed • copies of a map depicting the compromise setback line: and answered questions of the Council. Mr. Overholt also submitted a letter. from Roy Carver, III, #18 Harbor Island, advising that he had no objections to the proposal as it would have no adverse affect on his property. Mr. Overholt stated, in essence, that the compromise contemplates a line will be drawn from Mr. Crispin's 15' setback point on Mr. Crispin's property, to the east of the subject property, to the zero lot line point of Mr. Carver's property on the Harbor Island Street. He added that Mr. Crispin's view line will be totally preserved. Thayer Crispin, #2 Harbor Island, addressed the Council and referred to his letter dated June 20, 1985. He also stated that, in his opinion, the proposal of Mr. Overholt is a very vague expansion of the buildable area which will increase its value at the expense • Volume 39 - Page 286 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL99 �G3 9G,9 99� �9J, cE`� Gas ��9 F9 y�9 August 12, 1985 MINUTES INDEX of the Harbor Island Community Association's policies regarding • variances. On the other hand, the proposal will not interfere with his view. Phil Lyons, President, Harbor Island Community Association, addressed the Council and stated that their Board was pleased with the proposed compromise in the sense that it preserves Mr. Crispin's view. They are also pleased that the request to exceed the 2.0 buildable area issue has been dropped. However, they are not in favor of having to "give up" the open space which will be lost with the compromise. They also do not want to encourage similar requests of this type in the future. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to reintroduce Ordinance Reintroduced All Ayes No. 85 -5, in accordance with the Ord 85 -5 compromise setback line as presented by the applicant, amending Districting Map No. 23; and pass to second reading on August 26, 1985. Council Member Hart requested the motion • reflect that this proposal is a very special case, and the Council's action is not to be interpreted by other property owners in the area that they can expect the same treatment. There was no objection to the foregoing, and it was so ordered. 5. Mayor Maurer opened the public hearing U/P 3153 and City Council review of an appeal by Lovers, PAUL R. JOHNSON, Corona del Mar, from (88) the decision of the Planning Commission on June 20, 1985, approving USE PERMIT NO. 3153, a request of ALEX LOVERA to permit the establishment of a take -out restaurant in conjunction with a Mexican delicatessen and to waive the required off - street parking spaces. Property located at 2:756 East Coast Highway, on the northeasterly side of East Coast Highway, between Goldenrod Avenue and Fernleaf Avenue; zoned C -1. Report from the Planning Department, was presented. Letter and appeal application of Paul R. • Johnson, was presented. Volume 39 - Page 287 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL RQLL � �P y�9 August 12, 1985 MINUTES INnF X Alex Lovers, applicant, addressed the U/P 3153 Council and stated that he disagreed • with the five items of concern listed in Mr. Johnson's letter of July 5, 1985. He described the proposed take -out restaurant, noting that there would be no tables and no seating capacity on the premises. He also stated that he has a petition signed by numerous residents in the area in favor of his restaurant. He has also received approval from the County Health Department of his kitchen equipment. He stated that he has done everything he can to be a good neighbor and would hope the Council looks favorably at his request. William C. Hitchcock, representing PRCC Corporation, 2744 E. Coast Highway, addressed the Council and stated that they "wish the applicant well," and they don't want to be bad neighbors. However, they do have a concern with respect to the waiver of parking requirements. Mr. Hitchcock stated that the building adjacent to Mr. Lovers, houses four tenants and contains 18 parking spaces. The tenants of the lot pay the landlord for these allocated spaces, and from • time to time vehicles have to be towed away for parking in their lot illegally. He suggested a specific parking plan be developed for the applicant which would require that two off - street parking spaces be available for the take -out restaurant during working hours and that five or more spaces be allocated between the hours of 5 p.m. and midnight. He further suggested the decision of the Planning Commission be modified as to the conditions of approval, as permitted by Condition No. 12, to allow Mr. Lovers. to take advantage of the subject lot during certain times. Dr. Paul Johnson, 2744 E. Coast Highway, appellant, addressed the Council and stated that he felt the Planning Commission did not fully consider the inappropriateness of a take -out food operation in their block, as it consists of very high quality businesses (i.e., Pharmacy, Interior Decorator, Dentistry, Da Su Salon, Architecture, Lumiere, Electronics). He also indicated he felt • Volume 39 - Page 288 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAL s o S S v ROLL August 12, 1985 MINUTES 11ITTi7M:1 it was inappropriate for the Commission /P 3153 to waive the 15 required parking spaces • for Mr. Lovers, as well as the 15 required parking spaces for the Gelato ice cream store, which was done some time ago. He stated that the tenants of their building pay a very high premium for the parking behind their building, and feel they are going to have to bear the problem created by Mr. Lovers. with no recourse. Dr. Johnson also stated that one other concern the, tenants have, which is of utmost importance, is the odor that will be emitted from the take -out restaurant. He stated he felt this could be a serious problem, and urged that some consideration be given to this issue. In concluding his remarks, Dr. Johnson suggested that the waiving of parking requirements be given more serious consideration by the Planning Commission in the future. During discussion, it was pointed out by the Planning Director regarding the waiver of the 15 parking spaces for the Gelato ice cream store and the subject use, that this particular type of use • comes under the City's take -out restaurant ordinance, as opposed to a typical sit -down restaurant, an ordinance primarily designed for such places as McDonalds, Carl's Jr., and Jack -In -The. -Box. The parking requirements of one parking space per employee, plus one parking space for each 50 square feet of gross floor area works very nicely for the larger franchise operations as mentioned in the foregoing, but is excessive for the small types of uses in question, and therefore, this is the reason why the Planning Commission and City Council have the authority to waive those types of requirements when the need dictates. Dale Gasteiger, owner of Lumiere, 2744 E. Coast Highway, addressed the Council and stated that he was not opposed to the applicant being successful in his new venture, but that they are already receiving complaints from their customers regarding the need for additional parking. He stated they have very expensive clothing in their store, • which is not open to public, but because Volume 39 - Page 289 CITY OF NEWPORT BEACH COUNCIL MEMBERS c� F August 12, 1985 ti o ROLL �`n G \Ic�p MINUTES INDEX • of the proposed take -out restaurant adjacent to them, they may have to U1P 3153 install a chain gate across their door to assure no public access. Mr. Gasteiger submitted a letter for the record from S. Shokrian, owner of property at 2744 E. Coast Highway, advising that he has not made any arrangement with the take -out restaurant operator for use of any parking spaces on the subject property. Mr. Gasteiger also suggested Condition No. 10 be amended to read that "No customer seating shall be permitted inside or outside the facility unless an amended use permit is approved." Paul Magruder, employee of Paul's Flowers, addressed the Council and spoke in support of the request for a take -out restaurant. He stated he delivers flowers to the building at 2744 E. Coast Highway, (adjacent to the take -out restaurant) and has never found the parking to be a problem. He also felt the smell of mexican food would be "great," rather than offensive. David Wright, owner of Da Su Salon, 2744 • E. Coast Highway, addressed the Council and stated that when the Gelato ice cream store moved into their block they were continually running people out of their parking lot, and if the take -out restaurant is approved, he feels he will have to post a man to police the lot to protect his business. Andrew P. Cyga, 614 Goldenrod Avenue, addressed the Council and stated that he lives across the street from the subject take -out restaurant and indicated this type of business would generate a great deal of "left - overs." He expressed his concerns regarding garbage which might be left around the area, and where it would be housed until picked up. Ernest George, business owner in Corona del Mar, addressed the Council and spoke in support of the take -out restaurant. He also agreed that parking in Corona del Mar is a never - ending problem, and that when the subject of parking behind the commercial buildings can be addressed, it will be a definite • constructive step forward. Volume 39 - Page 290 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL August 12, 1985 MINUTES RAS137 • Mr. Lovers, applicant, addressed the Council again regarding the comments made with respect to odor emanating from his restaurant, and stated that he has been in the restaurant business for over 15 years and never had a problem in this regard. He emphasized again that his kitchen equipment has been approved by the Health Department and that the kitchen could be properly ventilated. Hearing no others wishing to address the Council, the public hearing was closed. lotion x Motion was made to sustain the decision L11 Ayes of the Planning Commission. 6. Mayor Maurer opened the public hearing Drd 85 -22 pursuant to Section 5.44.035 of the ATV /GROUP Newport Beach Municipal Code to consider W Franchise granting a rate increase to Group W CATV (42) Company. Report from Executive Assistant to the City Manager, was presented. Michael D. McDonald, General Manager, Group W Cable of Newport Beach, addressed the Council and stated that it has been approximately 10 years without • an increase in the basic rate service. He stated that capital expenditures within the past two years to improve operation in Newport Beach have exceeded $2 million, and are expected to top out at $2.9 million. He stated that Group W is formally requesting approval of a rate increase for its services effective October 1, 1985. He stated that Group W will not apply the new rate increase to any area which has not been upgraded by October 1 and /or until said area has been upgraded. John P. Kelly, 717 Goldenrod Avenue, addressed the Council and stated that he was a Group W subscriber and felt the proposed 38Z basic rate increase was excessive. Hearing no others wishing to address the Council, the public hearing was closed. lotion x Motion was made to introduce Ordinance 111 Ayes No. 85 -22, being, AN ORDINANCE OF THE CITY OF NEWPORT • BEACH AMENDING SECTION 5.44.035 OF THE MUNICIPAL CODE TO DEREGULATE CATV RATES WITHIN THE CITY OF NEWPORT BEACH, Volume 39 - Page 291 CITY OF NEWPORT BEACH COUNCIL MEMBERS y �9 a yF � 9 cF c" August 12, 1985 0 ROLL MINUTES 11110137 • with the understanding that Group W Cable honor their commitment and not apply the new rate increase to those areas not yet upgraded. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: lotion x The following actions were taken as Ill Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 85 -54 approving the PB &R /Fin Application for Funds Available CA Sr Ctr from the California Senior Center Bond Act Bond Act of 1984. (Report from Funding Parks, Beaches and Recreation Res 85 -54 Director) (62/40) (c) Resolution No. 85 -55 establishing ersonnel/ • the salaries of the City Manager, 3alaries City Clerk and City Attorney for les 85 -55 Fiscal Year 1985 -86. (66) (d) Resolution No. 85 -56 advising the FP /CNB AHFP Advisory Committee that the irculation City has adopted amendments to the ament City's Circulation Element Master trPln Plan of Streets and Highways, and 85 -56 fes requesting that the County modify 4) its Master Plan of Arterial Highways within the City to conform to the City's New Master Plan.. (Report from Public Works) (e) Resolution No. 85 -57 amending ncl Ad Hoc Resolution No. 84 -138 and extending 4arinaprk the term of the Marinapark Mobile 4blHm Cmte Home Council Ad Hoc Committee. tea 85 -57 (24) (f) Resolution No. 85 -58 authorizing verside the purchasing agent to award an trm Drn/ informal contract exceeding $12,000 ominis Bldg to purchase materials for the es 85 -58 RIVERSIDE STORM DRAIN BYPASS (74) THROUGH JOHN DOMINIS BUILDING. (Report from Public Works) • Volume 39 - Page 292 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL August 12, 1985 MINUTES MbIn 4 • (g) Resolution No. 85 -59 authorizing abandonment of oil well at Balboa 44th St Oil Well/ Boulevard and 44th Street, Balboa B1 declaring an emergency, and waiving Res 85 -59 formal bid proposals. (Report from (73/89) Public Works) 3. CONTRACTS /AGREEMENTS: (a) Approve consultant selection of anryVlg/ Butler /Roach Group for the qcFdn Sq preparation of the Environmental AP /EIR /Trfc Impact Report; and Austin -Faust and -2529A Associates for the Traffic Analysis -2529B for the CANNERY VILLAGE /MCFADDEN (38) SQUARE SPECIFIC AREA PLAN. (Report from Planning Department) (b) Waive the irregularity in the low alboa Pier bid as the noncollusion affidavit estrmRplcm was not notarized before the bid -2494 opening; and award Contract No. (38) 2494 to Gold Bullion General Contracting, Inc., of Chatsworth in the amount of $142,583 for Replacing Restroom at Balboa Pier. (Report from Public Works) (c) Authorize Mayor and City Clerk to amboree Rd • execute an Engineering Services Agreement with ASL Engineers for tw Backbay C'Hwy /Plus 138) the preparation of plans, -2530 specifications and estimates for the widening of Jamboree Road between Backbay Drive and Coast Highway. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Mayor for endorsement, letter iscRequest/ from Newport Harbor Jaycees, Miss Npt requesting endorsement of the Pageant official Miss Newport Beach Pageant (52) on an annual basis. (b) Removed from the Consent Calendar. (c) To Traffic Affairs Committee for TAC response, letter from Virginia (85) Henry, requesting pedestrian lane between Tustin and Dover Avenue. (d) To Pending Legislation and Legislation Procedural Ethics Committee, (48) resolution from the City of Yorba • Linda supporting Assembly Constitutional Amendment No. 7 relating to elections. Volume 39 - Page 293 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL 'S S 9 �y `G3 yGp 91 �.7 c�F S ROLL �� August 12, 1985 MINUTES INDEX (e) To City Clerk for reconfirmation of 0/C Health appointments by the City Council, Plang Cncl • letter from Orange County Health (54) Planning Council, regarding Assembly appointment of Robert Broaddus and Lois Zimmerman as City's delegate and alternate delegate. (f) To City Clerk for confirmation by 0/C League City Council, designation of Voting Cities Delegate and Alternate to represent (61) the City of Newport Beach at the League of California Cities Annual Conference, October 8, 1985, in San Francisco. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Local Agency Formation Commission, Orange County - Minutes of July 10, and Preliminary Agenda for July 31, 1985. (b) Copy of letter from Mr. and Mrs. Hugo Moreno suggesting restrictions on sailboards in Newport Harbor. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's • referral to the claims adjuster: (a) Warren G. Althoff for reimbursement h1thoff of expenses, alleging Animal Control Citation issued in error on June 15, 1985. (b) Susana M. Duynstee for property Duynstee damage to vehicle as a result of running over can of tar allegedly left on street by City contractor doing work in the area at 62nd Street on July, 1985. (c) Brett G. Farrell for medical Farrell expenses, legal expenses, etc., alleging assault by City Police Department on July 4, 1985. (d) Steven Glyer for property damage to Glyer vehicle as a result of allegedly being hit by Refuse Truck on right side at alley intersection between Diamond and Ruby and South Bay Front on June 22, 1985. • Volume 39 - Page 294 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL August 12, 1985 MINUTES uincv • (e) Mary Jean Harriman for property damage to vehicle as a result of Harriman allegedly being hit by Refuse Truck while parked at Island Street on July 13, 1985. (f) Douglas Kessenich and William Kessenich Hamilton seeking reimbursement of demolition and reconstruction costs plus, alleging improvements constructed after City issued permit, and then required demolition and reconstruction of project at 1926 W. Oceanfront on May 15, 1985. (g) Philip R. Maurer seeking Maurer reimbursement for property damage, alleging City Refuse Truck damaged support post and two wood sidings of fence at alley between Ruby and Sapphire Streets on June 26, 1985. (h) Chriss Street for alleging property Street damage to vehicle which occurred when automobile entered driveway to restaurant and was "caught" on sidewalk because of high center at Puffin's Restaurant, PCH, Corona • del Mar on June 27, 1985. (i) Peggy Ann Sands for property damage Sands to vehicle as a result of allegedly being hit by Paramedic Unit while parked at 330 E. Balboa Blvd. on June 28, 1985. (j) Ronald Taylor alleging intersection raylor improperly designed and signal lights improperly located, thereby causing traffic accident and property damage to claimant's vehicle at Bristol Street, South on May 6, 1985. (k) Tropical Plaza Landscape seeking Tropical indemnity from claim filed by Norma Plaza Lndscp de Rossett for personal injuries at & de Rossett 250 Newport Center Drive on August 24, 1984. (1) Doug Zenz alleging City Refuse Zenz Truck damaged left front portion of vehicle while vehicle was legally parked at Park and Agate Streets on July 20, 1985. • Volume 39 - Page 295 CITY OF NEWPORT BEACH COUNCIL MEMBERS s 93 9 G 'P �� S 9 , 9� ti F9 fy, � 9 P c� F August 12, 1985 , \tp0l;� ROLL MINUTES II19L73V4 (m) Brian E. Riley alleging personal Riley injuries, and James Riley and • Virginia Riley, emotional distress, etc., as a result of incident with Police Department on June 21, 1985 at Narcissus and East Coast Highway In Corona del Mar. (n) George Ayala Luna for damages, Luna alleging Fire Department knowingly gave false, incorrect, incomplete and negligent testimony regarding the origin and cause of a fire occurring on vessel known as the "Pats Pats" between the trial dates of May 6 and 16, 1985. For rejection: (o) Late Claim of Steven Bohunis Bohunis alleging City Police Department unlawfully assaulted claimant and forceably took blood from Claimant's body at Newport Beach City Jail on February 15, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Summer Duus for damages, Orange Duus • County Superior Court, Case No. 45- 62 -30. Claim was denied by City Council. on January 14, 1985. (b) Martha S. Kitts for personal Kitts injuries, Orange County Superior Court, Case No. 43- 71 -44. Claim was denied by City Council on April 23, 1984. (c) William F. Selle and Eunice Sells, Sells Orange County Superior Court, Case No. 46- 34 -56, for personal injuries incurred October 12, 1982. Previous Summons and Complaint was filed May 9, 1983, following denial of claim by City Council. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Refuse Leadman, Refuse Division. (b) Approve two Refuse Crewmen, Refuse Division. (c) Approve one Typist Clerk II, • Planning Department. Volume 39 - Page 296 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rALRAL l T�9 % 9G9 qp� Fqj, c�F Gad' August 12, 1985 MINUTES INDFX (d) Approve one Recreation Superintendent, Park and Recreation • Department. (e) Approve one Equipment Operator II, Field Maintenance, to fill new position. 9. STAFF AND COMMISSION REPORTS: For Council information and approval - (a) Report from the City Attorney 'Donnell& recommending approval of the Gordon O'DONNELL AND GORDON (C -2331) -2331 estimate for airport legal (38) services. For Council information and filing - (b) Parka, Beaches and Recreation ?B &R Cmsn/ Commission Officers for FY 1985 -86. '85 -6 (Report from Parks, Beaches and fcrs Recreation) (24) (c) Civil Service Commission Officers ivil Sery for FY 1985 -86. (Report from 'man FY'85 -6 Secretary to Civil Service Board. crs(24) (d) Planning Commission Officers for FY ng Cmsn lfcrs 1985 -86. (Report from Planning '85 -6 Department) (24) 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. 12. USE PERMIT NO. 1933 IMPROVEMENTS - /P 1933 Accept the public improvements (88) constructed in conjunction with Use Permit No. 1933 (portion of Section 28, Township South, Range 10 West, San Bernardino Meridian, located at 3531 Newport Boulevard, on the southwesterly comer of Newport Boulevard and Short Street in Central Newport); authorize the City Clerk to release the Faithful Performance and the Labor and Material Bonds (Nos. U805120 -337) in six months provided no claims have been filed. (Report from Public Works) 13. ACQUISITION OF 3404 BALBOA BOULEVARD 3404 BalBlvd (A.P. #423- 351 -12) - Authorize the kcqstn purchase of 3404 Balboa Boulevard for (73) $150,000; and the acceptance of a Grant Deed from Terry A. and Aida 0. McKelvey. (Report from Public Works) Volume 39 - Page 297 CITY OF NEWPORT BEACH COUNCIL MEMBERS (' O� ROLL CAL G�`r August 12, 1985 MINUTES INDEX 14. CORONA DEL MAR COMMUNITY CENTER CdM Cmn$y • (CONTRACT NO. 2511) - Authorize the Ctr staff to extend the bidding period two C -2511 weeks from 11 a.m., on August 8, 1985, (38) to 11 a.m. on August 28, 1985. (Report from Public Works) 15. IRVINE TERRACE SCREENWALL (COAST HIGHWAY Irvine Ter FROM JAMBOREE ROAD TO ZAHMA DRIVE Scrnwal CONTRACT NO. 2498) - Accept the work; C -2498 and authorize the City Clerk to file a (38) Notice of Completion and release the bonds 35 days after recordation, provided no claims filed. (Report from Public Works) 16. REQUEST FOR HUMAN SERVICES FUNDS - udget /FISH Uphold staff's recommendation to approve Fndg requests of Harbor Area Adult Day Care (25) Center and FISH - Harbor Area. (Report from Executive Assistant to the City Manager) 17. REQUEST FOR CULTURE AND ARTS FUNDS - Budget/ Uphold staff's recommendation to Performg Tre disapprove request of Performing Tree, Fndg (25) Inc. (Report from Executive Assistant to the City Manager) 18. BUDGET AMENDMENTS - For approval: (25) • BA -008, $16,685 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for salary and retirement increases; General Fund. BA -009, $910 - Transfer in Budget Appropriations for membership in Association of Orange County Cities on the Regional Hazardous Waste Joint Powers Authority; Nondepartmental Fund. BA -010, $16,500 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for valuation services, Balboa Bay Club Leased Fee; General Fund. BA -011, $50,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for preparation of Plans, Specifications and Engineering, and environmental investigations for the widening of Jamboree Road between Backbay Drive and Coast Highway. (See staff report with agenda item F -3(c)) • Volume 39 - Page 298 CITY OF NEWPORT BEACH COUNCIL MEMBERS v \CALROLL G�'r 9 yF9 August 12, 1985 MINUTES qunFY BA -012, $12,000 - Decrease in Irvind Unappropriated Surplus and Increase in Screenwdl • Budget Appropriations for landscaping Ter /C'Hwy Coast Highway side of the Irvine Terrace Lndscpg Screenwall. (Report from Public Works) C- 2498(38) BA -013, $200,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for abandonment and cleanup of oil well at 44th Street and Balboa Boulevard. (See report w /agenda item F -2(g)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Marine Department Harbor Permt recommending approval subject to Aplictn conditions, for HARBOR PERMIT #124 -3400 APPLICATION NO. 124 -3400, by Duncan (51) McIntosh to temporarily revise a section of the commercial docks at Lido Village, was presented. !fotion x Council Member Strauss expressed his concern over possible increase in parking and traffic as a result of the proposed boat shows at Lido Village, and therefore, motion was made to approve the application, subject to the conditions listed in the staff report, and with the additional condition that • there be no increase in the number of boats, nor any greater activity than that which was conducted in 1984. Duncan McIntosh, applicant, addressed the Council and indicated he did not foresee any problems with Council Member Strauss's request. X11 Ayes The motion was voted on and carried. 2. Resolution opposing reduction of the CS /Offshr outer continental shelf moratorium and Oil Drlg inclusion of tracts off Newport Beach in (87) the outer continental shelf oil and gas leasing program, was presented. Council Member Hart announced that Mayor Maurer had just issued a press release inviting all interested citizens to attend a meeting on Thursday, August 15 at 7:30 p.m. in the Council Chambers regarding offshore drilling. She stated that the forum will provide an overview of the current moratorium and proposed compromise to drill for oil starting three miles off the coast. K x Motion was made to adopt Resolution No. a 85 -53 Al yes 85 -53. Volume 39 - Page 299 CITY OF NEWPORT BEACH C0UNCIL MEMBERS \CAL ROLL GK`S' 9 y�9 August 12, 1985 MINUTES INDEX 3. A letter from Golden State Mobile Home Planning Owners League, Inc., regarding rent (68) • control, was presented. Don Hunter, 39 Channel Road, Associate Director of Golden State Mobile Home Owners League, Inc., addressed the Council and stated that he is receiving 6 to 12 telephone calls a day regarding the rent control issue and feels the problem is becoming very critical. He indicated their organization would like the City Council to consider a rent arbitration board as set forth in their letter. Motion x Motion was made to refer the subject All Ayes letter to the Planning Department for inclusion in the records. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 85 -20, being, Ord 85 -20 Curfew Leg AN ORDINANCE OF THE CITY OF NEWPORT (48/70) BEACH AMENDING CHAPTER 10.36 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CURFEWS, was presented for second reading (reintroduced at July 22, 1985 meeting with 10:00 p.m. curfew time). Althea Line, 310 Fernando Street, Balboa, President of Newport Towers, addressed the Council and stated that she has lived on the Peninsula for 13 years, and has never really complained about her concerns until now. She related four incidents which occurred on the Peninsula in the last month that she felt could have been prevented had there been police patrol in the area. Ms. Line was advised that a report would be forthcoming from the Police Department regarding the traffic problem on August 3 and 4, and that a copy of that document would be forwarded to her. Dana Peddit, Member of the Balboa Peninsula Association, and representing the Balboa Improvement Association, Central Newport Beach Association, West Newport Beach Association, Balboa Island Improvement Association and the Corona del Mar Association, addressed the Council and read a prepared statement in • support of the curfew ordinance. Volume 39 - Page 300 CITY OF NEWPORT BEACH COUNCIL MEMBERS c ROI 1_ August 12, 1985 MINUTES IWnFY Mon x Motion was made to adopt Ordinance No. x x x x 85 -20 with a 10:00 p.m. curfew. x x I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from the Executive Assistant to 0/C Cities the City Manager regarding HAZARDOUS Prtcptn in WASTE AGREEMENT, was presented. Hzrdous Wet C -2531 Motion x Motion was made to approve the Hazardous (38) All Ayes Waste Agreement and appoint Mayor Pro Tem Ruthelyn Plummer as the City's representative on the Hazardous Waste Materials Joint Powers Authority. 2. Report from the City Attorney regarding Ord 85 -23 introduction of proposed ordinance and Revenue Bnds selection of Bond Counsel and fr Haptls Underwriter for YMCA Revenue Bond Issue, & Rcrtnl Fac was presented. (40) A Supplemental report from the City Attorney regarding the YMCA Bond Issue, and New Proposal submitted by Law Firm Seeking Appointment as Bond Counsel, were presented. Council Member Strauss stated that after reviewing the proposed ordinance, he would recommend that a more "precise" definition be given to "recreation facility." In response to the above, the City Attorney noted that the "recreation facility" would be a nonprofit corporation„ which will limit the number of possible applicants, but which will be available to the residents of the City. The ordinance also refers to facilities which will provide comprehensive programs and a multitude of recreational activities. He stated that he drafted the ordinance with the intent to limit the number of potentially qualified applicants for such an issue. It was suggested by the City Attorney that the word "all" be added prior to the word "residents" on Page 5, line two of the ordinance. • Volume 39 — Page 301 COUNCIL MEMBERS \CAL ROLL Motion Ayes Motion All Ayes • • CITY OF NEWPORT BEACH August 12, 1985 MINUTES x The City Manager answered questions regarding this proposal, and following discussion, motion was made to introduce Ordinance No. 85 -23, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3.26 OF THE NEWPORT BEACH MUNICIPAL CODE TO PERMIT. THE ISSUANCE OF REVENUE BONDS FOR HOSPITALS AND RECREATIONAL FACILITIES, and to appoint Best, Best and Krieger as Bond Counsel, and Drexel, Burnham and Lambert as Underwriter; and further, to authorize the City Attorney and City Clerk to execute said agreements with the Bond Counsel and Underwriter. K. ADDITIONAL BUSINESS: x 1. Motion was made to approve Budget Amendment No. 014 in the amount of $5,000 for participation with other Orange County Cities regarding prevention of oil drilling and exploration on the Outer Continental Shelf. Meeting adjourned at 10:15 p.m, to 9t30 a.m., Tuesday, August 20, 1985, to meet in closed session and take action regarding John Wayne Airport.': JAA JA yor ATTEST: ZL94�e_ Ci y Clerk o PO E"yt° Olt, 1:0 . Volume 39 —Page 302