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HomeMy WebLinkAbout08/26/1985 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES C os� o 1 S S 9 REGULAR COUNCIL MEETING t 9 ,6 9G 99�, V c�F PLACE: Council Chambers 9G� TIME: 7:30 P.M. ROLL CAL U' p DATE: August 26, 1985 INDEX Present x x x x x x A. ROLL CALL. nt x ion x B. The reading of the Minutes of the Ayes x x x x x Regular Meeting of August 12, 1985 was Abstained x waived, approved 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 public hearing /P 1023(A) and City Council review of USE PERMIT Union Oil NO. 1023 (AMENDED), a request of UNION (88) OIL COMPANY OF CALIFORNIA, Orange, approved by the Planning Commission at its meeting of July 18, 1985, to amend a previously- approved use permit that permitted a full service automobile service station in the C -1 District. The proposed development consists of the conversion of said facility to a self - service gas station, including the remodeling of a portion of an existing building into a cashier's office, a storage room and restroom facility; the extension of the existing pump islands; and the extension of an existing pump island canopy. The station proposes to be open for 24 hours, and is currently open between the hours of 6:00 a.m., and 10:00 p.m. daily. Property located at 3001 Newport Boulevard, on the northwesterly corner of 30th Street and Newport Boulevard in Central Newport. Report from the Planning Department, was presented. Mayor Pro Tem Plummer entered the meeting at this time and took her seat. Discussion ensued, wherein Council Member Strauss made reference to when Mr. Douglas Smith addressed the Council on July 8 regarding the ARCO station at 3401 Newport Boulevard being open 24 hours and the resultant disturbance to the neighborhood. In response to Council inquiry regarding notification, the Planning Director advised that the property in question was posted and all property owners within 300 feet of the service station • under consideration were notified of the public hearing. Volume 39 - Page 305 CITY OF NEWPORT BEACH COUNCIL MEMBERS F August 26, 1985 o ROLL \'P\$P\ MINUTES INDEX Jim Weber, representing Union Oil U/P 102J(A) Company, addressed the Council and • stated that the reason they were requesting a self- service gas station was because of the demand and customer convenience. With respect to restroom facilities.on the site, they only provide one for the attendant which is adjacent to the cashier's booth. They do not provide restrooms for the customers, or the public in general, because of security reasons. It is also difficult to supervise restroom facilities in a self- service gas station because there is only one person on duty in the cashier's booth. Rene A. Mortelette, 516 Clubhouse Avenue, addressed the Council and spoke in opposition to the request. He stated that he lives very close to a self - service station which has caused him nothing but "headaches" because of the noise. He also felt that the City would be encouraging more tourism if the station is open 24 hours. With respect to restroom facilities, he felt the City should provide additional public restrooms throughout the City for its visitors. • Mr. Kofford, 105 Via Orvieto, owner of property adjacent to the Standard Station on Newport Boulevard, addressed the Council and stated that the City has adopted a curfew ordinance to get people off the Peninsula after 10 p.m., and by allowing a gas station to remain open 24 hours is contradictory. He also felt it would set a precedent for other stations in the area to want a 24 -hour operation. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to modify the decision of the Planning Commission changing the hours of operation to 10 p.m. closing, Sundays through Thursdays, and 12 midnight on Fridays and Saturdays. Motion x Substitute motion was made to sustain the decision of the Planning Commission. The Council indicated they wished to question the applicant further, and therefore„ the Mayor reopened the public hearing. • Volume 39 - Page 306 CITY OF NEWPORT BEACH COUNCIL MEMBERS c'� s� .0 1i S 'S- 9 t 99 �G� 9G,Q 99� �9� cFc" Rrn i rai G0 ��9 �� yF9 August 26, 1985 MINUTES I I N 0W4 In response to Council inquiry regarding U/P 1023(A) restroom facilities, Mr. Weber stated that the restroom on site would not be open to the customers, only the attendant on duty. He stated that out of the 130 service stations under his jurisdiction, 20 are self - service and do not provide restrooms to its customers, with the exception of Buena Park, who required restrooms for the general public because they consider their City a tourist area. He stated that as a result of the requirement to provide public restrooms, plumbing service was needed six times in a one -year period. Council Member Agee offered an amendment to Council Member Strauss's motion, changing the closing time to midnight seven days a week, and adding that the applicant be required to provide restrooms to its customers during hours of operation. Council Member Strauss, the maker of the original motion, accepted the foregoing amendment. Dennis Carlson, engineer for Union Oil Company, addressed the Council and stated that the restroom adjacent to the • cashier's booth cannot be made accessible to the public for security purposes, and if restrooms are going to be required for customers, then an additional building will have to be constructed. He cited some of the problems connected with providing restrooms to the public such as mirrors being stolen, fittings being removed, in addition to plumbing problems. John Miller, resident, addressed the Council, and stated that the public has become used to self - service stations, and not receiving the service one gets in a full - service station, but he does not feel the public should be excluded from the convenience of restrooms, especially for travelers. Hearing no others wishing to address the Council, the public hearing was closed. Mayor Pro Tem Plummer restated her substitute motion to sustain the decision of the Planning Commission for a self- service 24 -hour gas station, but to require that the applicant provide • restrooms for its customers. Volume 39 - Page 307 CITY OF NEWPORT BEACH COUNCIL. MEMBERS \CAL ROLL ti 99� �9J, CAF y �� August 26, 1985 MINUTES IOU OILY Ayes x x The substitute motion was voted on and IN x x x x x FAILED. x x x x x The motion on the floor, as amended, was Noes x x voted on and carried There being no objections, the staff was requested to develop some type of policy with respect to the use of restroom facilities in service stations. 2. Mayor Maurer opened the public hearing U/P 3127(A) and City Council review of an appeal by (88) DAVID SCHNEIDER, Newport Beach, from the decision of the Planning Commission on July 18, 1985, conditionally approving USE PERMIT N0. 3127 (AMENDED), a request of Mr. Schneider to amend a previously- approved use permit that allowed the establishment of the Promises Nightclub facility with dancing and prerecorded music, and a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces in conjunction with a valet parking service. The proposal consists of the addition of live entertainment (i.e., fashion shows, aerobic and dance displays, magic shows, and dance bands); a request to change the hours of operation on weekends so as • to open the facility at 8:00 a.m. for wedding receptions and other private parties, where the original use permit required a 6:00 p.m. opening time. Property located at 3333 West Coast Highway, on the southerly side of West Coast Highway, between Newport Boulevard and Riverside Avenue in Mariner's Mile; zoned SP -5 and C -2. Report from the Planning Department, was presented. The City Clerk reported that after the agenda was printed, a letter was received from Diane Abbitt, representing the applicant, regarding the subject use permit. Diane Abbitt, 10920 Wilshire Boulevard, Los Angeles, representing the applicant, addressed the Council and stated that they are not requesting live entertainment at night on the weekends, only Sundays through Thursdays, and to deny the request for live entertainment would create a definite hardship on the applicant. She discussed traffic • problems in the area on Friday and Saturday evenings, and stated that the Volume 39 - Page 308 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL August 26, 1985 MINUTES INDEX applicant has met with the owner of the u/P 3127(A) Villa Nova restaurant in an attempt to • solve the problems which may occur on these two evenings. She stated that during the week there is not a parking problem. She also stated that several of the restaurants along West Coast Highway have live entertainment. In conclusion, she added that there was no opposition from adjoining property owners at their public hearing before the Planning Commission. In response to Council Member Agee, the Planning Director stated that most of the live entertainment permits as to restaurants along West Coast Highway are generally limited to a single musician, a vocalist, a piano bar, or a small group of musicians. In response to Council inquiry, Jim Jacobs of the Police Department, stated that he was not aware of any Police problems with the Promises restaurant per se; however, he was aware of the traffic problems in the general area. Hearing no others wishing to address the Council, the public hearing was closed. �n x Motion was made to sustain the decision of the Planning Commission. Council Member Agee offered an amendment to the motion, suggesting the facility open at 10 a.m., rather than 8 a.m. as requested, which the maker of the motion accepted. Ayes x x x x x x The motion was voted on and carried. Noes x E. PUBLIC COMMENTS: 1. Tim Cleary, 203 -40th Street, addressed 203 -40th St the Council and read a letter regarding Property the residence he has been renting for the past nine years, which was purchased recently by the City for the widening of Balboa Boulevard. Mr. Cleary stated it was his understanding from the City staff and the previous owner and the relocation assistance consultant that, pursuant to City policy, the rent would not be raised as long as he was living there, • but has now been informed that his monthly rent will be increased from Volume 39 - Page 309 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL �F9 y�9 August 26, 1985 MINUTES IWIIFY $225 to $400. He stated he would like the Council to reverse the rental • increase. The Public Works Director advised that their office did receive a copy of Mr. Cleary's letter and are in the process of responding to it as requested by the Mayor. He stated that the City purchased the property with public funds at fair market value and the City is, therefore, obligated to charge fair rent for the property. The property in question will be demolished in approximately one year for the widening of Balboa Boulevard. The Public Works Director clarified for the record that he did not know where the statement came from regarding the City having a policy with respect to no increases in rent. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on September 9, 1985: (a) Removed from the Consent Calendar. • (b) Proposed ORDINANCE NO. 85 -25, Ord85 -25 being, Bayview PCD Zoning AN ORDINANCE OF THE CITY OF (94) NEWPORT BEACH ADOPTING A PLANNED COMMUNITY DEVELOPMENT PLAN AND DEVELOPMENT STANDARDS FOR THE BAYVIEW PLANNED COMMUNITY LOCATED ON THE SOUTHWESTERLY CORNER OF BRISTOL STREET AND JAMBOREE ROAD, AMENDING PORTIONS OF DISTRICTING MAPS 42, 44 and 61 SO AS TO RECLASSIFY SAID PROPERTY FROM ORANGE COUNTY ZONING DISTRICTS PA /95 PD; CC /90; CC /35; R -1 -2975 PD(2975); R2 -2, 400 AND B1, AND THE CITY OF NEWPORT BEACH UNCLASSIFIED DISTRICT TO THE PLANNED COMMUNITY DISTRICT (PLANNING COMMISSION AMENDMENT PGA 623 NO. 623). (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: • (a) Resolution No. 85 -60 authorizing OCTC /SCAG the submittal of an application to Pedestrian/ Bikewy Fac Volume 39 - Page 310 Res 85 -60 (54/74) • • CITY OF NEWPORT BEACH MINUTES 0 o S ti v A 99 C�si 9G9 99� �9� c�F e: G`pJ+ �F9 F9 y�A August 26, 1985 the Orange County Transportation Commission (OCTC) and the Southern California Association of Governments (SCAG) for the construction of pedestrian and bikeway facilities in Newport Beach; and also authorizing the City Manager or his designated representative to make the application and act as the City contact person (1985 -86 Senate Bill 821 Funding Program). (Report from Public Works) (b) Removed from the Consent Calendar. (c) Resolution No. 85 -62 agreeing to Bayview accept an exchange of property tax Annexation revenues as set forth in the Master Res 85 -62 Property Tax Transfer Agreement (40/21) between the City of Newport Beach and the County of Orange in conjunction with the Bayview Annexation. (Resolution w /report from City Attorney) (d) Resolution No. 85 -63 supporting the Legislatio passage of Senate Bill 1434 Personnel amending the Fair Labor Standards Res 85 -63 Act of 1938. (48/66) (e) Resolution No. 85 -64 opposing the Legislatic mandatory inclusion of local Personnel Government Employees into the Res 85 -64 Social Security System. (48/66) (f) Resolution No. 85 -65 amending Resolution No. 84 -121, extending the Cannery Village /McFadden Square Specific Area Plan Review Citizens Ad Hoc Committee to December 31, 1985. Canry Vlg/ McFdn Sq SAP Rvw Citzns AdHoc Res 85 -65 (24) (g) Resolution No. 85 -66 establishing Personnel/ the Classification and Compensation Class Pln Plan for the City of Newport Beach, Res 85 -66 and rescinding Resolution Na. (66) 84 -100. 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute an Engineering Services Agreement with Robert Bein, William Frost and Associates for the preparation of plans, specifications, and estimates for the Balboa Boulevard Widening Between 33rd and 44th Streets. (Report from Public Works) Volume 39 - Page 311 Balboa B1 Engr SrvAgm C -2533 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL August 26, 1985 MINUTES Irnai 4 (b) Removed from the Consent Calendar. • (c) Authorize the Mayor and City Clerk Cliff Dr Prk to execute a Professional Services Redvlpmt/ Agreement with Cardoza, DiLallo and Prfsnl Sry Harrington, a landscape Agin architecture and planning C -2534 partnership, in the estimated (38) amount of $19,400 for Redevelopment of Cliff Drive Park. (Report from Parks, Beaches and Recreation Director) 4. COMMUNICATIONS - For referral as indicated: (a) To the Police Department for PD /Curfew inclusion in the records, letter (70) from Mildred A. Gourlay, La Palma, regarding her view on teenagers protesting the recent curfew ordinance. (b) To Traffic Engineering /Public Works Traffic/ for response, letter from David B. Npt B1 /PCH McCoy regarding the number of (85) traffic accidents involving pedestrians and bicyclists due to the unsafe condition at the Newport Boulevard and Pacific Coast Highway intersection. (c) To the Executive Assistant to the Hazardous City Manager for inclusion in the Wst /JtP Agm records, update from Anaheim C -2531 Councilman Iry Pickler regarding (38) the Hazardous Waste Management Joint Powers Agreement. (d) To the Pending Legislation and Legislation Procedural Ethics Committee, City (48) of E1 Monte communication requesting support for SB 969, which authorizes but does not obligate a City to pay punitive damages on behalf of public employees. (e) To the Pending Legislation and Legislation Procedural Ethics Committee, City (48) of La Mesa, California communication requesting support for resolution proposing the League of California Cities initiate a statewide ballot initiative regarding Joint and Several Liability ( "deep pockets" judgments). • Volume 39 - Page 312 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 9 S F August 26, 1985 0 - \PtPN\NP ROLL MINUTES 10111 :1 (f) To the Pending Legislation and Legialdtift Procedural Ethics Committee, City (48) • of Anaheim communication requesting support for SB 1434 to exempt State and local governments from the overtime provisions of the Fair Labor Standards Act. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Virginia Dey letter to Planning Commission regarding noise emanating from California Beach Japanese restaurant, 3355 Via Lido. (b) Hallack W. Hoag letter to Orange County Board of Supervisors regarding flight pattern over the Bluffs and not down the Back Bay, as required. (c) Bonnie S. Burns letter to the City Manager regarding traffic conditions on Balboa Boulevard after the oil well erupted on August 3rd and 4th. (d) E. P. Benson, Vice President, Dover Shores Community Association • communication to Senator Pete Wilson in support of passage of HR -6, Section 754 of the Water Resources, Conservation, Development and Restoration Act of 1985. (e) Orange County, League of California Cities LCC Employee Relations Committee Report by Garden Grove Councilman Milt Krieger. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Regarding oil well fire on August 2, 1985 - Ron Agins alleging damage to boat, hginB canvas bridge cover and carpet at 4401 W. Coast Highway. Charles Beauchamp seeking Beauchamp reimbursement for repairs to vehicle damage at Channel Street near Balboa Avenue. Volume 39 - Page 313 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAL .oROLL G August 26, 1985 MINUTES INDEX John Callahan for reimbursement as Callahan a result of damage to his vehicle's • right -hand mirror during water line installation by the Water Department at Finley and Clubhouse Avenues. Alonzo A. Elder alleging boat Elder damage near 44th Street and Balboa Boulevard, seeking reimbursement for paint repairs. Mark Gunnell alleging vehicle Gunnell damaged at 44th Street and Balboa Boulevard, seeking reimbursement for cost of new paint job and loss of work, etc. Richard H. Lemmon, Jr., alleging Lemmon, Jr. .vehicle damaged at 44th Street, seeking reimbursement for cost of repairs (buffing, wax, etc.). Dean and Sally Phillips alleging Phillips real property damage at 204 -44th Street. Jerry R. Samsel alleging damage to Samsel 27' Sportfisher, Lido 14 and Avon Boats at 4439 W. Coast Highway. • State Farm Insurance Company for State Farm/ Roger Kovack and Louis Cassesso Kovack & alleging rental dwelling unit Cassesso damage at 210 -44th Street, seeking cost of repairs. (b) David Ciabattini alleging damage to Ciabattini vehicle as a result of collision with City vehicle at "A" Street on July 14, 1985. (c) Janine Doezie alleging personal Doezie injuries as a result of falling off bicycle when front tire dropped through metal grate, causing her to be thrown to the pavement at Northbound 55, south of 17th Street, on July 10, 1985. (d) Richard G. Degen for Eric R. Degen Degen for reimbursement, alleging City beach cleaning truck ran over claimant's belongings at 38th Street on August 2, 1985. • Volume 39 - Page 314 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL 5 q q9qd ROLL August 26, 1985 MINUTES INDEX (e) Donald and Luvena Hayton seeking Haytott indemnification from claim filed by • Michael Amador on May 13, 1985 who suffered injuries as a result of vehicle colliding with tree located at Poppy Street, approximately 300 feet south of Seaview. (f) Toni L. Peterson alleging physical Peterson abuse by City Police Officer at 517 - 35th Street on August 12, 1985. (g) Chris Sausser alleging personal Sausser injuries as a result of collision with backstop while engaged in men's softball league at Lincoln Intermediate School, Corona del Mar, on July 9, 1985. (h) Steve Sheldon seeking reimbursement Sheldon for damage done to borrowed motorcycle as it fell to the right when disembarking while stopped by Police Department on Pacific Coast Highway on July 5, 1985. (i) Dan Washington Smith alleging Smith physical abuse by City Police Officer at 517 -35th Street on August 12, 1985. • (j) Bruce J. Staniforth alleging damage Staniforth to vehicle's lights as a result of very low curb and raised sidewalk at entrance to Bobby McGee's restaurant, 357 E. Pacific Coast Highway on August 8, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Patrick J. Arthurs, Complaint for Arthurs false imprisonment, false arrest, etc., Orange County Harbor Judicial District, Case No. 72556. Claim denied by City Council on February 11, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES - (66) Report from the City Manager: (a) Approve one Secretary, Building Department. (b) Approve one Laborer, Field Maintenance Division. (c) Approve one Maintenance Man I, • Field Maintenance Division. Volume 39 - Page 315 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES c� F August 26, 1985 o ROLL INDEX (d) Approve one Refuse Crewman, General • Services Department. (e) Approve one Equipment Mechanic III, Equipment Maintenance Division. (f) Approve one Equipment Mechanic II, Equipment Maintenance Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department U/P 1924 regarding City Council review and (88) extension of USE PERMIT NO. 1924, which allows the temporary use of a modular building for a savings and loan facility located at 2340 East Coast Highway, on the northerly side of East Coast Highway, westerly of MacArthur Boulevard. 10. PUBLIC HEARING SCHEDULING - September 9, 1985: (a) GENERAL PLAN AMENDMENT NO. 85 -2(A) GPA 85 -2(A) - A request initiated by the City (45) of Newport Beach, to amend the GENERAL PLAN POLICIES REPORT of the Newport Beach General Plan, repealing obsolete policies • concerning housing, land use, future residential growth, and community design, and the acceptance of an Environmental Document. (Report from Planning) (b) GENERAL PLAN AMENDMENT 85 -2(B) - A GPA 85 -2(B) request initiated by the City of (45) Newport Beach, to amend the Land Use and Recreation and Open Space Elements of the Newport Beach General Plan so as to change the land use designation of the Bayview Parcel from "Recreational and Environmental Open Space," with an Alternate of Low - Density Residential" to "Multi- Family Residential," "Recreational and Environmental Open Space," and a mixture of "Administrative, Professional and Financial Commercial" and "Retail and Service Commercial." (Report from Planning) (c) USE PERMIT NO. 3156 - Appeal by U/P 3156 David A. McDonnell, representing (88) OCEAN FRONT WHEELWORRS, whose application was denied by the • Planning Commission on July 18, 1985. Volume 39 —Page 316 CITY OF NEWPORT BEACH COUNCIL MEMBERS c s 0 3 ti s v Of 9,9 C�si yG'P 9�� t�,91. cwt" ROLL COL GS`�' P y�9 August 26, 1985 MINUTES INDF X 11. FINAL MAP OF TRACT NO. 12360 - Approve Tr 12360 the Final Map of Tract No. 12360, • incorporating by reference the Finding and Condition for Approval recommended by the Planning Commission. (Report from Planning) 12. CORONA DEL MAR BEACH CONCESSION BID CdM Beach PROPOSALS - Approve subject agreement to Cncsn Bid/ bid for the concession operation at PB &R Corona del Mar State and City Beach (62) Park; and authorize the City Clerk to advertise for bid proposals from prospective operators to be opened at 2:30 p.m. on September 16, 1985. (Report from Parka, Beaches and Recreation) 13. Removed from the Consent Calendar. 14. USE PERMIT NO. 3139 - A portion of Lot U/P 3139 D, Banning Tract and Record of Survey (88) 27 -47, located at 4509 West Coast Highway, on the southeasterly corner of West Balboa Boulevard and West Coast Highway, in West Newport. Approve an agreement guaranteeing completion of the public improvements required with subject use permit; and authorize the Mayor and the City Clerk to execute the agreement. (Report from Public Works) • 15. RIVERSIDE AVENUE RELIEF STORM DRAIN, Riverside PHASE I (CONTRACT NO. 2463) - Approve Av /Rlf Strm the plans and specifications; and Drain Phs I authorize the City Clerk to advertise C -2463 for bids to be opened at 11:00 a.m., on (38) September 12, 1985. (Report from Public Works) 16. SEASHORE DRIVE RECONSTRUCTION WEST OF Seashr Dr ORANGE STREET (CONTRACT NO. 2461) - Rcnstrtn Reject all bids and direct staff to C -2461 revise the specifications; approve the (38) plans and revised specifications and authorize the City Clerk to readvertise for bids to be opened at 11:00 a.m., September 11, 1985. (Report from Public Works) 17. CLIFF DRIVE STREET IMPROVEMENT ADJACENT Cliff Dr St TO CLIFF DRIVE PARK (CONTRACT NO. 2477) Impvm - Approve the plans and specifications; C -2477 and authorize the City Clerk to (38) advertise for bids to be opened at 11:00 a.m., September 13, 1985. (Report from Public Works) • Volume 39 - Page 317 CITY OF NEWPORT BEACH COUNCIL MEM13ERS MINUTES S� 9 tw August 26, 1985 0 s ROLL INDEX 18. HARBOR PERMIT APPLICATION $221 -2800 - Harbof Petro Approve application of Ruth Zimmerman to ApliU221- • construct commercial boat slips bayward 2800 of 2800 Lafayette, subject to the (51) conditions of approval listed in the staff report. (Report from Marine Department) 19. Removed from the Consent Calendar. 20. SPECIAL EVENTS PERMIT - Approve Permit /CNB application of City of Newport Beach (65) Parks, Beaches and Recreation Department, Community Support Group for Community Picnic and Dedication on September 2, 1985 from 11:00 a.m. to 4:00 p.m., subject to conditions listed in the staff report. (Report from Business License) 21. SPECIAL EVENTS PERMIT - Approve Permit /NBPD application of Newport Beach Police b M.A.D.D. Employees Association and Mothers (65) Against Drunk Drivers (M.A.D.D.) for 3rd Annual 10K Run and 2 mile Fun Run (same courses as 1984) on September 28, 1985 from 6:00 a.m. to 11:00 p.m., subject to conditions listed in the staff report. (Report from Business License) 22. SPECIAL EVENTS PERMIT - Approve Permit /Bal • application of Balboa Peninsula Point Pnsla Pt Asi Association for Chili Cook -Off on (65) September 21, 1985, from 4:00 p.m. to 8:00 p.m., subject to conditions listed in the staff report. (Report from Business License) 23. BUDGET AMENDMENTS - For approval: (25) BA -015, $60,000 - Decrease in Unit -I /Upr Unappropriated Surplus and Increase in Npt Bay Budget Appropriations for additional Sdmtn restoration work of Unit I Upper Newport C -2441 Bay Sediment Control and Restoration (38) Project Contract No. 2441. This is interest accrued on original $600,000 contribution to the project; General Fund. (Report from Public Works) BA -016, $13,245 - Increase in Budget Appropriations and Revenue Estimates for. refund of lease payments on word processors and transfer of appropriations to purchase new systems; Police - Administrative Fund. • Volume 39 - Page 318 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES August 26, 1985 o RALL INDEX G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Proposed resolution in support of SAna River flood control for the Santa Ana Flood Cntrl River was presented with report from (74) Public Works. Motion x Motion was made to adopt Resolution No. Res 85 -61 All Ayes 85 -61, and direct staff to forward a copy to the Orange County Flood Control District and the California Water Quality Control Board, Santa Ana Region. 2. Report from Public Works recommending Mouth of the Mayor and City Clerk be authorized Big Canyn to execute the Dedication and Park Property Credit Agreement and Grant Deed (73) acceptance from The Irvine Company for Mouth of Big Canyon property, was presented. Motion x Mayor Pro Tem. Plummer stated she was All Ayes most pleased to see this item come to finalization, and the City obtain control of the 39.5 acres in the Mouth of Big Canyon (including slopes), and therefore, motion was made to authorize the Mayor and City Clerk to execute the Dedication and Park Credit Agreement and Grant Deed acceptance from The Irvine Company for Mouth of Big Canyon • property, subject to conditions spelled out in the agreement. 3. Report from Parks, Beaches and WNpt Prk Recreation regarding the DEVELOPMENT OF Dvlpm WEST NEWPORT PARK, and directing staff (62) to pursue the development of West Newport Park to include basketball courts, tot lot areas, picnic areas, bicycle parking and NO vehicle parking lots, was presented. Motion x Council Member Strauss stated that he does not feel the City should exclude parking lots when developing new parks, especially since the City is in need of additional parking. Therefore, motion was made to direct the staff to pursue the development of West Newport Park, as outlined in the subject report, but that a parking lot not be excluded in its design. Mayor Pro Tem Plummer pointed out that initially the City appropriated $95,000 for parking lot construction on the P.B. Right -of -Way, but since that time, the property owners have had a "change of heart" and decided they did not want the • parking lot. The staff has had several Volume 39 - Page 319 CITY OF NEWPORT BEACH COUNCIL MEM13ERS 0 s \\\\\\ O,f an► ► re► August 26, 1985 MINUTES INDEX meetings with the West Newport Community WNpt Pfk Association regarding desired Dvlpm • improvements to the proposed development of the parcel, and have now come up with the plan as enumerated in the staff report. With respect to providing a parking lot in conjunction with a new park, she stated she was in agreement with Council Member Strauss that some degree of parking should be included in the plan. In response to question raised by Mayor Pro Tem Plummer, the City Manager stated that the $95,000 referred to earlier can be transferred to the park development project by the City Council, but could not be transferred internally by City staff. In addition, he pointed out that this project will require Coastal Commission approval, and it is unknown at this time as to how they will react to the proposed plan without a parking lot. Motion x Following further consideration, Council Member Strauss withdrew his motion and made a motion to continue this item to a future study session with additional information to come from staff. • Council Member Cox indicated he felt this item had been studied in depth, and that the staff should be given direction to pursue the development of a plan with some degree of parking. He did not feel this item should be continued as suggested in the foregoing. Tom Orlando, 15 Balboa Coves, President of West Newport Beach Community Association, addressed the Council and stated that they formed a committee, who went door -to -door in the community to get input and, as a result of that input, "No Parking" was recommended in the proposed plan. Todd Schooler, 7400 W. Ocean Front, addressed the Council and stated that they felt the proposed park was not large enough to warrant parking, and if a parking. lot were constructed, it would be used by the beachgoers, rather than the residents, Sterling Wolfe, 6204 W. Ocean Front, Member of the West Newport Beach Community Association, and Member of the • Parks, Beaches and Recreation Commission, addressed the Council and Volume 39 - Page 320 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL�GROLL G�'r August 26, 1985 MINUTES INDEX stated that the area in question was WNpt Prk canvassed in total to determine their Dvlpm • desires and needs and that the plan before the Council was a result of that effort. He stated that the proposed park is a neighborhood park for the residents in the area, and that if a parking lot were constructed, it would greatly reduce the size of the park. He also did not feel the 30 to 40 parking spaces that would be set aside for a parking lot would put a "dent" in the parking needed for that area for beachgoers. Richard Babineau, 6511 Seashore Drive, addressed the Council and thanked Mayor Pro Tem Plummer for her assistance in this project. He stated that if a parking lot is included in the proposed plan, the residents would not get the advantage of using it as it would be used by the early morning beachgoers. Motion x Council Member Strauss withdrew his previous motion and made a motion to refer this subject back to the Parks, Beaches and Recreation Commission, for development of a plan with some measure of parking. • Council Member Agee offered an amendment to the foregoing motion, suggesting the Commission also look at a plan with "no" parking, which was acceptable to Council Member Strauss. All Ayes The motion, as amended, was voted on and carried. 4. Proposed ordinance approving a Ord 85 -24 Development Agreement regarding the Bayview Bayview Parcel was presented with a Annexation report from the Planning Department. (68/21) Motion x Council Member Hart stated that she had All Ayes some concerns with regard to Irvine Avenue traffic and would withhold discretion on the final vote, but would move to introduce ORDINANCE NO. 85 -24 and schedule for public hearing on September 9, 1985, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING A DEVELOPMENT AGREEMENT REGARDING THE BAYVIEW PARCEL. • Volume 39 - Page 321 CITY OF NEWPORT BEACH COUNCIL MEMBERS s�99 G �G \%;\P ti �9 ]y, � 9 v cw t" August 26, 1985 o ROLL f aq s MINUTES INDEX 5. Report from Marine Department regarding Harbor Perm HARBOR PERMIT APPLICATION #109 -1318 Apli #109 - • recommending approval on the application 1318 of John Ortega and Elizabeth McGlohm to (51) revise the residential pier and float bayward of 1318 East Balboa Boulevard, subject to the conditions of approval listed in the staff report, was presented. Ken Nelson, 503 Edgewater, representing the applicant, addressed the Council and requested action on this item be deferred to September 9, 1985. Motion x Motion was made to grant the subject All Ayes request. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 85 -5, being, Ord 85 -5 Zoning AN ORDINANCE OF THE CITY OF NEWPORT PCA 616 BEACH AMENDING A PORTION OF (94) DISTRICTING MAP NO. 23 SO AS TO DESIGNATE A BAYSIDE FRONT YARD SETBACK ACROSS LOT 1, TRACT NO. 802, LOCATED AT NO. 1 HARBOR ISLAND, WHICH WILL BE MAINTAINED AS A REQUIRED FRONT YARD (PLANNING COMMISSION AMENDMENT NO. 616), was presented for second reading and adoption with report from Planning Department.. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -5. 2. Proposed ORDINANCE NO. 85 -22, being, Ord 85 -22 CATV /Group AN ORDINANCE OF THE CITY OF NEWPORT W Franchise BEACH AMENDING SECTION 5.44.035 OF (42) THE NEWPORT BEACH MUNICIPAL CODE TO DEREGULATE CATV RATES WITHIN THE CITY OF NEWPORT BEACH, was presented for second reading and adoption with report from Executive Assistant to the City Manager, dated August 12, 1985. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -22. Volume 39 - Page 322 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \LPO\P\'P s 9 '-V cFc^ ROLL 0 August 26, 198 5 MINUTES INDEX 3. Proposed ORDINANCE NO. 85 -23, being, Ord 89 -23 Revenue Bnda ® AN ORDINANCE OF THE CITY OF NEWPORT fr Hsptls & BEACH AMENDING CHAPTER 3.26 OF THE Rcrtnl Fac NEWPORT BEACH MUNICIPAL CODE TO (40) PERMIT THE ISSUANCE OF REVENUE BONDS FOR HOSPITALS AND RECREATIONAL FACILITIES, was presented for second reading and adoption with report from the City Attorney dated August 12, 1985. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -23. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. A resolution authorizing execution of O/C -John the Stipulations for termination of the Wayne Arprt litigation related to John Wayne (54) Airport, was presented. Oral report from the City Attorney was presented outlining the contents of the Settlement Agreement, and pointing out ® the following: SUMMARY OF AIRPORT AGREEMENT Form of Agreement Stipulated judgment in Federal Court :signed by County, City AWG, SPON, FAA, and various airlines. Term Phase I - From February 26, 1985 to approximately March 31, 1990. Phase II - From approximately April 1, 1990 to December 31, 2005. Passenger Limits (MAP Cap) Phase I - 4.75 Million Annual Passengers. Phase II - 8.4 Million Annual Passengers. Volume 39 - Page 323 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� g \5\p y `G�9J, cFt^ G ROLL is 0 MINUTES Aug ust 26, 1985 INDEX O/C-John Wayne Arprt Terminal Size Limitations No more than 271,000 square feet of public or rentable interior space of which no more than 37,000 square feet to be devoted to departure lounges. Total not to exceed 337,900 square feet. 8,400 auto parking spaces on four levels (does not include North Clear Zone Parking Area). Flight Limits Maximum Average Daily Departures (ADD): "B" - (over 100 dB, e.g. B737- 200) /Phase I & II - 0; "A" - (less than 100 dB, e.g. MD -80) /Phase I & 11 - 39; "AA" - (less than 89.5 dB, e.g. B737- 300) /Phase I - 16, Phase II - 34; Exempt - (less than 86 dB, e.g. BAE -146) /Phase I & II, Up to MAP Cap. Additional Airport Search County rescinds official opposition to a new airport. County to promote FAA funding of legitimate groups seeking to develop an additional airport. Miscellaneous Curfew to remain. General Aviation (Business Jet) Noise Ordinance to be enforced. City will (at its own expense) actively join the County in defending any litigation challenging the project. Volume 39 - Page 324 INDEX O/C-John Wayne Arprt CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL S� o s ti 9 ROLL August 26, 1985 MINUTES INDEX Ralph Clock, 116 Via Havre, resident and 0 /C -J01th President of the Industrial League of Wayne Arptt ® Orange County, addressed the Council and stated that he felt the Settlement Agreement was a positive step forward for the City, and views it as a "win -win" situation. He stated that this solution was an accessible alternative to what the Council considered earlier in the year. He stated that as President of the Industrial League, he recently sent a letter to Supervisor Riley reiterating to the Board of Supervisors that they support any effort to locate an additional airport site in Orange County, in an attempt to meet the needs of the 21st Century. In conclusion, he commended the City staff and Council for the tremendous amount of work and hours that was put forth on this issue. Council Member Strauss stated that he was unable to join in approval of the airport agreement, and read into the record the following prepared statement: "The approval of the airport agreement is not fair to Newport Beach residents and in the long run may well be seriously damaging to our City. "A look back will give us perspective. In June, 1981, 650 residents filled Harbor High auditorium to protest the County's first master plan. That plan proposed fifty -five daily flights and a 240,000 square foot terminal at JWA. It made no commitment to an additional Orange County Airport. "'NO WAY' said the residents and all seven council persons. We went to court and won a judgment preventing such an expansion. "And what are we agreeing to today? 73 flights by 1990 of noisy airplanes, plus an unlimited number of quieter commercial airliners, up to 8.4 million airline passengers annually. A terminal of 337,900 square feet versus the 240,000 we rejected in 19821 And there still Volume 39 - Page 325 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s o 4 ti q ROLL is Motion O MINUTES August 26, 1985 INDEX D/C -john Wayne Arprt is no commitment to an additional Orange County Airport. "A passenger terminal of 337,900 square feet is the major objectionable feature of this agreement. Such a terminal is more than ten times the size of the present terminal. The present terminal is admittedly too small and inadequate, but it is now already handling 55 flights a day. Do we really need a terminal more than ten times that size? "Which leads us to the real and basic question: Once having invested in this massive, expensive terminal, will an additional airport really be built here in the County? "In the absence of a second airport, the huge feature passenger demand for flights -- estimated to be several hundred flights per day --will necessarily use JWA. Don't forget there are no limits on flights over Newport Beach after 20 years. "There is one additional major objection to the proposed agreement. It opens the City to an unknown financial liability. The City is agreeing to take the side of, and to defend the County against any pending or future litigation arising from this project. Such defense will be at the City of Newport Beach's own expense. "The decision to sign this agreement may be the most important one that a Newport Beach City Council has made in the past twenty years. I am strongly opposed to it, and for the reasons stated above, I must vote No." x Council Member Cox remarked, in part, that the subject document was put together not only by City staff, legal counsel, and County staff, but by input from many, many citizen groups and homeowners associations, who, at onetime, were opposed to the proposal. He felt that the work put into the project is testimony to the success of Volume 39 - Page 326 INDEX D/C -john Wayne Arprt CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL August 26, 1985 MINUTES INDEX the document and its importance. It's 0 /C -Jdhb also apparent that the document is Wayne Arprt ® "good" in many ways, due to the lack of C -2535 opposition expressed this evening. He (38) stated it was not a perfect document; however, on balance, it was an excellent document, and therefore, he moved to adopt Resolution No. 85 -67 authorizing Res 85 -67 its execution. Mayor Pro Tem Plummer commented, in part, that she felt there were no losers in this issue, only winners. She stated it was very important that Orange County provide increased air transportation to serve the growth of the community. She also stated she would like to pay tribute to Council Member Heather, who got the Council "galvanized" to oppose the expansion of John Wayne Airport several years ago. Council Member Heather thanked Mayor Pro Tem Plummer for the kind words. She also told how she got involved in the airport issue some 27 years ago when the County wanted to change the runway from the planes going over Costa Mesa to flying over Newport Beach. She stated there have been many heartaches and frustrations along the way to get where ® the City is today, and she, for one, is really pleased with the compromises both the City and County have made in this regard. In conclusion, she expressed appreciation to the Council for supporting her in this long effort. Council Member Agee stated he was also pleased with the agreement which, he reminded the Council, is a compromise document. He stated he felt the City was going to gain more from the agreement than continuing in the path of litigation, and that the public will agree once all the facts are known. Council Member Hart remarked, in part, that had this document not come to finalization, she felt the airport issue could have eventually destroyed the City. She agreed that the document was not perfect, but she felt it does give the City some "real" guarantees. She commended the many citizens groups who labored over the document and thanked them for their support. She also expressed appreciation to the staff for eall their time and efforts. Volume 39 - Page 327 CITY OF NEWPORT BEACH COUNCIL MEMBERS cof �p9 �G�i 2�9G�g99�5q� 9� August 26, 1985 MINUTES IIURCY Council Member Heather pointed out that O/C -John the Federal Aviation Administration is a Wayne Arprt party to the subject agreement which she felt was a key factor. Ayes x x x x x x The motion to approve the agreement was Noes x voted on and carried. Council Member Strauss stated he wished to make one last comment on this item. He would hope the Council is correct, and that there will be a second airport within a reasonable time. Mayor Maurer made the following statement for the record: "For 20 years the residents of the City of Newport Beach have been living with the constant fear of the unbridled growth of John Wayne Airport and the noise, air pollution, traffic congestion, and other problems related to unconstrained airport development. For 20 years, the Newport Beach City Council has been battling Orange County's plans to expand John Wayne Airport without taking into account the legitimate concerns and interests of our residents. For 20 ® years, the City of Newport Beach has told the County that it is unfair to expect our residents to shoulder all of the burden for satisfying the demand fo commercial air service in Orange County. "Today I am pleased to announce that the Newport Beach City Council has voted to bring to an end these two decades of disputes and the substantial litigation since 1981, in both federal and state courts, with the County of Orange over the County's operation and proposed expansion of John Wayne Airport. We have authorized our Special Airport Counsel to sign on the City's behalf the settlement agreement that has been negotiated between the City, the County, and two homeowners groups, Stop Polluting Our Newport, and the Airport Working Group of Orange County, Inc. 0 Volume 39 - Page 328 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES l0 -i- G`d' ��9 F9 y�9 August 26, 1985 RAI I rel wmc v "The homeowners have already 0 /C -Johti approved the settlement agreement, Wayne At'prt ® and we expect the Board of Supervisors to approve it tomorrow morning. A joint press conference is scheduled for John Wayne Airport at 2:00 p.m. tomorrow. "This settlement is truly historic_. First through litigation and now through negotiation, the City of Newport Beach has been able to secure an agreement that for 20 years will control the growth and development of John Wayne Airport and will assure that the best interests of Newport Beach and other airport impacted residents are protected. In particular, the agreement benefits the City and its residents by limiting the number of the noisiest commercial flights, the total number of passengers served by commercial and commuter air carriers, and the maximum size of certain facilities improvements at JWA. The additional mitigation of the JWA project contained in the settlement provides substantial benefit to the citizens who are impacted by operations at JWA, reduces the adverse environmental impacts of the expansion project as initially proposed by the County, and eliminates the threat of unbridled expansion of JWA during the 20 -year term of the settlement agreement. "Under the settlement agreement: *The total number of average commercial daily departures (ADD's) by Class A and AA aircraft will be limited to 55 ADD's in Phase I (up to 1990) and 73 ADD's in Phase II (through 2005); *The number of the noisiest Class A commercial jets will be limited to 39 ADD's for the full 20 years of the agreement. and will not go to 55 ADD's as approved by the County in the Master Plan; Volume 39 - Page 329 CITY OF NEWPORT BEACH COUNCIL MEMBERS co ROLL CA Gds August 26. 1985 MINUTES INDEX "An incentive is created for 0 /C- Jol}ii airlines to use the quietest Wayne %rt jet aircraft - -ones that have noise levels below 86 dB SENEL at any noise monitoring station - -by exempting such aircraft from the limits on daily departures; *The total annual number of passengers using John Wayne .Airport would be limited to 4.75 million in Phase I and 8.4 million in Phase II (JWA will service about 4.1 million passengers this year, and the County proposed the Phase II limit to be 10.24 million annual passengers); °The present curfew will be maintained; *Efforts will be made to reduce and control general aviation aircraft noise; "The proposed size of the terminal will be decreased; ® "The amount of proposed on -site parking will be reduced from 10,000 spaces on five levels to 8,400 spaces on four levels; and "The path will be cleared for a meaningful search for an additional commercial airport site. "In exchange for the County's agreement to maintain a cap on the level of operations at JWA and further mitigate the adverse environmental impacts, the City has agreed not to interfere with the funding, implementation or operation of the County's expansion project. We have committed to joining the County in defending the settlement in any future litigation to protect the long -term enforceability and inviolability of the limits contained in the agreement concerning regulated average daily commercial departures, the maximum number of Volume 39 - Page 330 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAL RALL 0 7i 99 ' 9G� 'V August 26, 1985 o MINUTES f fInD137 passengers that may be served at 0/C -John ® the airport, facilities Wayne Arprt improvements, and regulation of general aviation aircraft noise. "This settlement agreement is a major step forward in creating a favorable environment for the study and development of an additional commercial airport site. The agreement requires terminating the existing airport litigation, rescinding prior County resolutions opposing the study or development of potential alternative sites, and ensuring that the expansion of John Wayne Airport will not impair the County's financial ability to develop an additional site. The agreement thus eliminates major stumbling blocks to locating and developing an additional commercial airport site. In the City's view, a new airport is needed in the near future to relieve the pressure to expand John Wayne Airport after the year 2005 and to help meet the unmet demand for commercial air service that everyone acknowledges even an expanded John Wayne Airport ® cannot satisfy. "The settlement is not yet final. We must still obtain the signature of the Federal Aviation Administration. The attorneys for the City, County and Homeowners groups have been working with the FAA, and we are hopeful that the FAA will promptly approve the agreement. Once we have the FAA's approval, we must then submit the agreement to Federal Judge Terry J. Hatter, Jr., in Los Angeles. Once the federal court approves, the City, County, FAA, and the homeowners groups will dismiss all other pending state and federal lawsuits relating to the airport." K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to approve a Special Permit/ Events Permit for sound amplification in OCS /Offshr conjunction with the off -shore oil Oil Drlg drilling public meeting (Outer pblc metg Continental Shelf), with Federal /State (65) government for August 31, 1985, from 8 ® a.m. to 12 Noon. Volume 39 - Page 331 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL J q si S S 9 ROLL E As MINUTES August 26, 1985 INDEX Community Yth Ctr Upr Npt Bay Sedmtn Unit I 2. Council Member Agee announced that on September 2 from 11 a.m. to 4 p.m., there will be a City- sponsored community picnic and dedication at the Community Youth Center, and invited all those interested to attend. 3. John Miller, resident, addressed the Council regarding Budget Amendment -015 on the agenda, increase in Budget Appropriations for additional restoration work of Unit I -Upper Newport Bay Sediment Control. Meeting adjourned at 10:15 p.m. Mayor ATTEST: City Clerk ~• P® , P0 R4%t'' =... Volume 39 - Page 332 INDEX Community Yth Ctr Upr Npt Bay Sedmtn Unit I