HomeMy WebLinkAbout04/14/1986 - Regular Meeting-I
Ii
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL `r DATE: April 14, 1986
MINUTES
Present
x
x
x
x
x
x
x
A. ROLL CALL.
on
x
B. The reading of the Minutes of the
Ayes
Meeting of March 24, 1986, was waived,
approved as written and ordered filed.
Ition
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
Business
hearing of Alan Verdult's Appeal of the
License/
Denial of his Application for Second-
Verdult
hand Dealer's License,
Appeal
(27)
Preliminary Statement from the City
Attorney, was presented.
It was noted for the record, that the
Appellant, Alan Verdult, was not present
at this hearing.
The City Attorney stated that under the
circumstances, the City Council has the
burden of proving that grounds for
denial of the application submitted by
Mr. Verdult do exist. The appellant and
the City Attorney's office have agreed
to a de novo hearing before the City
Council, which means that the City
Council shall accord no significance to
the original denial of the application
by the City Manager.
The City Attorney advised that he had
three witnesses he would like to call to
the podium to give testimony pertaining
to some of the events and circumstances
that were outlined in the hearing brief
submitted to the City Council. He has
also asked Dennis O'Neil to serve as
legal Counsel for the City Council,
inasmuch as he is precluded (because of
his adversary position) from giving
advice on any decision, or questions the
Council may have.
At this time, Brian Brewer, Julie King
and Dennis Sulka were administered the
oath by Dennis O'Neil,
Brian Brewer addressed the Council and
relayed an incident which occurred on
July 4, 1983, wherein the appellant was
placed under citizen's arrest for
shoplifting a pair of swimming trunks
.
from the Wild West clothing store. He
identified Mr. Verdult's picture from a
Volume 40 - Page 112
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL F9 y�9 April 14, 1986
MINUTES
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copy of Mr. Verdult's driver's license,
which was submitted as part of the
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record with the City Attorney's hearing
brief.
Julie King addressed the Council and
stated she was Manager of the Wild West
store when the above incident took
place, and briefly described the facts
and events surrounding her contact with
Mr. Verdult. She also identified Mr.
Verdult from his picture on his driver's
license.
Dennis Sulks, Orange County Sheriff
Department Investigator, addressed the
Council and described his contact with
Mr. Verdult on June 12, 1981, which
culminated in Mr. Verdult's conviction
of engaging in the business of a
secondhand dealer without a permit.
Hearing no others wishing to address the
Council, the public hearing was closed.
It was noted again that the appellant,
Alan Verdult, was not in attendance at
this hearing.
Motion
x
Following comments, motion was made to
Ayes
introduce the items and exhibits
attached to the hearing brief into
evidence, to make findings and
conclusions of law which were
distributed prior to this meeting, and
to deny the application of Alan Verdult.
2. Mayor Maurer opened the continued public
/P 3181
hearing and City Council review of an
(88)
APPEAL by TADASHI SHIMADA, Torrance,
from the denial by the Planning
Commission on January 23, 1986, of USE
PERMIT NO. 3181, a request to establish
a restaurant with on -sale alcoholic
beverages on property located at 3422
Via Lido, on the northerly side of Via
Lido, between Central Avenue and Via
Oporto, adjacent to Lido Marina Village;
zoned C -1. The proposal also includes a
request to allow all of the required
parking spaces for the subject
restaurant to be provided within the
off -site Lido Marina Village parking
structure.
Report from the Planning Department, was
.
presented.
Appeal application from Tadashi Shimada,
.
was presented.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL Gss 9 F9 y�P April 14, 1986
MINUTES
10403
The City Manager advised that the staff
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was in receipt of a letter from the
applicant, stating that he no longer
wished to pursue the appeal and would,
therefore, like to withdraw the item
from the agenda.
Sandy Willford, 14 Balboa Coves, owner
of the subject premises, addressed the
Council and stated that all the owners
of the Lido Shops have joined together
to give notice to the City Council that
they have a contract with Lido Marina
Village, but that they now have a
problem with the action of the City
staff, and as a result, have a "form of
cloud" on the title to their parking
rights in the parking structure pursuant
to said contract. The staff has
acknowledged that'there is a contract
with Lido Marina Village, and have
acknowledged some of their rights set
forth in the contract, but there are
also other rights the staff is
disputing, The only way to resolve the
matter between the five.owners of the
Lido Shope -and staff is to have a
hearing before the City Council at a
future time.
Hearing no others wishing to address the
.
Council, the public hearing was closed.
Motion
x
Motion was made to accept withdrawal of
All Ayes
the appeal, and remove it from the agenda.
3. Mayor Maurer opened the public hearing
U/P 3191
and City Council review of an appeal by
(88)
SAID SHOKRIAN, Corona del Mar, from the
approval by the Planning Commission on
February 20, 1986, of USE PERMIT NO.
3191, a request of PETER BALTUS,
Glendora, to permit the establishment of
.
a take -out restaurant with on -sale beer
and wine and incidental seating in
conjunction with a delicatessen /bakery
facility, on property located at 3601
East Coast Highway, Corona del Mar;
zoned C -1. The proposal also includes a
request to waive a portion of the
required off - street parking spaces.
Report from the Planning Department, was
presented.
Appeal application from Said Shokrian,
was presented.
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COUNCIL MEMBERS i
\CAL R ®LL
April 14, 1986
MINUTES
i"WA
The City Clerk advised that after the
U/P 3191
agenda was printed, a letter was
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received in support of the proposal from
the Corona del Mar Chamber of Commerce.
In addition, a copy of the petition,
which was presented at the Planning
Commission hearing, was received with
five additional signatures in favor of
the deli -type restaurant.
The City Manager advised that the
Planning Commission, in its approval of
the subject Use Permit, imposed fourteen
(14) conditions, two of which are
unacceptable to the applicant; i.e., No.
3--"That no seating shall be permitted
within the take -out restaurant,11 and No.
5- - "That no on -sale beer and wine shall
be permitted within the take -out
restaurant."
It was further noted that the applicant
has submitted revised plans to the City
Council, indicating the removal of four
tables and twelve seats from the
original plans, for a new total of six
tables and twenty -four seats. The
former seating area will be utilized for
a customer service area and cashier
space adjacent to the front entry.
.
Said Shokrian, applicant, 2720 Pebble
Drive, addressed the Council and spoke
in support of his appeal. He discussed
the revised plans, pointing out the
reduction in seating area, and the
proposed parking. He stated he felt the
bakery - delicatessen would enhance the
community and create a village
atmosphere and urged its approval.
The following persons addressed the
Council in opposition to the proposed
take -out restaurant:
Gloria Isaac, owner of building
adjacent and south of subject
location
Herbert Voss, owner of 3641, 3645
and 3651 East Pacific Coast
Highway
Bob Hummell, 329 Orchid Avenue
Paul Curtis, 318 Orchid Avenue
(submitted petition with 20
signatures in opposition)
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Letha Bailey, 304 Orchid Avenue
Elta Stowers, 330 Orchid Avenue
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\CALROLL Gss �F9 Z�9 April 14, 1986
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It was indicated by the majority of the _
U/P 3191
above speakers, that parking was their
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main concern, and that the area was
already congested.
.
The following persons addressed the
Council and spoke in favor of the
take -out restaurant:
Audrey Greenfield, 1020 Whitesails
Way
Melvin S. Feldman, 4507 Gorham
Drive
Hearing no others wishing to address the
Council, the public hearing was closed.
In response to Council Member Agee, the
Planning Director reviewed parking
requirements for commercial uses, and
pointed out that at the subject
location the parking requirements are
one space for each 250 square feet of
gross area in the retail uses, such as
the photo lab, dry cleaners and the real
estate establishment. There are.17
parking spaces on thg subject site, and
the parking requirements for all of the
uses on the existing property, as set
forth in the Zoning Code, are being met.
11yion
x
Following comments by various Council
es
x
x
x
x
x
x
Members, motion was made to modify the
Noes
x
decision of the Planning Commission and
grant approval of Use Permit No. 3191,
subject to the Findings and Conditions
of Approval designated as Exhibit "D,"
in the staff report, and with the
provision that "Conditions No. 1 and 4
be revised to read as follows:
"1. That development shall be in
substantial conformance with
the approved, revised plot
plan and floor plan, with a
seating area containing a
maximum of five tables and
twenty chairs.
"4. That the serving of on -sale
beer and wine shall be
incidental to the primary
function of providing food
service and that no beer and
•
wine shall be removed from the
premises."
Volume 40 - Page 116
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
J' \\Pp
April 14, 1986 C
ROLL
MINUTES
E. PUBLIC COMMENTS:
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1. Jack Mangels, 2322 Margaret Drive,
Police
addressed the Council regarding
Helicopter/
helicopter noise. He also cited results
Noise
.
from a study he had done regarding the
City's Police Department and the number
of arrests, burglaries, employee count,
etc.
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 April 28,
1986:
(a) Removed from the Consent Calendar.
(b) Proposed ORDINANCE NO. 86 -8, being,
Ord 86 -8
Zoning
AN ORDINANCE OF THE CITY OF
(94)
NEWPORT BEACH AMENDING SECTION
20.87.090 OF THE NEWPORT BEACH
MUNICIPAL CODE AS IT PERTAINS
TO THE DEFINITION OF THE TERM
1 °BUILDING SITE" AND PROVISIONS
FOR WAIVER OF COMBINING
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REQUIREMENTS WHERE EXISTING OR
NEW BUILDINGS ARE PLANNED TO
CROSS EXISTING PROPERTY LINES,
AND THE ACCEPTANCE OF AN
ENVIRONMENTAL DOCUMENT.
(Planning Commission Amendment
No. 633) (Report from the
Planning Department)
Pass to second reading on April 28,-
1986:
(c) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 86 -24, opposing the
OCS Leasg .
adoption of the proposed 5 -year OCS
rgrm °87 -91
leasing program for 1987 -1991.
Res 86 -24
(Report from Assistant City
(87)
Attorney)
(c) Resolution No. 86 -25, consenting to
ATV /Grp W
.
the sale of Group W Cable, Inc.,
able
pursuant to section 5.44.060 (g) of
Res 86 -25
the Newport Beach Municipal Code
(42)
.
and repealing Resolution No. 86 -22.
(Report from Executive Assistant)
Volume 40 - Page 117
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL G�`n�A April 14, 1986
MINUTES
IN ®EX
3. CONTRACTS /AGREEMENTS:
•
(a) Removed from the Consent Calendar.
.
(b) Removed from the Consent Calendar.
(c) Waive the irregularity in the bid
St /Alley
documents of Fleming Engineering
srfcg/
Inc., and award Contract No. 2502
Rcstrctn
including additional bid items, to
'85 -86
Fleming Engineering for the total
-2502
price of $465,908.65; and authorize
(38)
the Mayor and the City Clerk to
execute the subject contract for
1985 -86 Street and Alley
Resurfacing and Reconstruction
Program. (Report from Public Works)
(d) Authorize the Mayor and the City
Pavement
Clerk to execute a Professional
Evlatn Prg
Services Agreement with Pavement
'85 -86
Management Systems for Pavement
-2558
Evaluation Program 1985 -86
(38)
(C- 2558). (Report from Public
Works)
(e) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral as
indicated:
.
(a) To Traffic Engineering for
rfk Signs
response, letter from Megan Upham,
(85)
requesting stop signs for alleged
unsafe area in front of Corona del
Mar High School.
(b) To Public Works for response,
PW
letters from Charles and Doris
74
Masters and Corona del Mar Chamber
of Commerce, concerning Pelican
Hills Road, San Joaquin Hills Road
and Newport Center build -out.
(c) To Traffic Engineering for
Trfk Signs
response, letter from Ellen I.
(85)
Brooks, requesting traffic
signs /markings in the vicinity of
Ford Road, MacArthur Boulevard and
Jamboree Road.
(d) Removed from the Consent Calendar.
(e) To Pending Legislation and
Legislation
Procedural Ethics Committee, letter
(48)
from Orange County Division, League
of California Cities, regarding
Assembly Bill 2674 referring to
.
Open meetings (Connelly).
Volume 40 - Page 118
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COUNCIL MEMBERS
\CALROLL Gds � April 14, 1986
MINUTES
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(f) To Police Department for inclusion
PD
in the records, letter from Charles
(70)
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Terry, commending Newport Police
Department for doing an excellent
job, and after the agenda was
.
printed, letter from R. H. Clucas
regarding same.
(g) To City Attorney /Marine Department
Harbor Perm
for response, letter from Michael
Mooring
Wiest, opposing the advertising of
(33/51)
a Newport Harbor mooring for sale,
and after the agenda was printed,
survey drafted by Bob McCaffrey
with response from Russ Miller, and
letters from Richard Ungerland and
John A. Roberts regarding proposed
new mooring legislation.
(h) To Pending Legislation and
Legislation
Procedural Ethics Committee letter
(48)
from Chairman of Senate California
Legislature Committee on
Appropriations, regarding Senate
Constitutional Amendment 9
regarding release of convicted
murderers.
(i) To Public Works Department for
PW
reply, letter from Harbor View
(74)
Hills Community Association,
•
regarding MacArthur Boulevard
widening and Newport Center General
Plan Amendment.
(j) To Marine Department for inclusion
Marine Dpt/
in the records, letters from
Live -Bait
William F. Gulley, Joe Leineke and
(51)
Steven Witten, in support of a live
bait receiver.
(k) To Finance Department for inclusion
Finance
in the records, letter from Kenneth
(40)
Cory, Controller of the State of
California, regarding change to
estimated apportionment for Motor
Vehicle License Fees for cities and
counties.
(1) To Traffic Engineering for
Trfk Sfty
response, letter from Corona del
(85)
Mar Chamber of Commerce regarding
traffic on Pacific Coast Highway in
Corona del Mar, and proposed
resolution for improved crosswalk
safety in Corona del Mar from
Citizens for Safe Crosswalks.
(m) To Public Works for response,
PW
.
letter from State Department of
(74)
Transportation, regarding proposed
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COUNCIL MEMBERS
\CALROLL F9 y�9 April 14, 1986
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changes to the rules and
regulations of the Transportation
.
Development Act (TDA).
(n); To Marine Department for reply,
Marine Dpt
.
letter from Central Newport Beach
(51)
Community Association, regarding
the proposed improvement to the
Lifeguard Station at Newport Pier.
(o) To Public Works for reply, letter
PW
from Chairman of Newport Beach Arts
(74)
Commission, suggesting trees be
saved in front of City Hall when
widening Newport Boulevard.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Local Agency
Formation Commission Minutes and
Resolution of March 5 and
Preliminary Agenda of April 2,
1986.
(b) Application No. 86 -03 -058 before
the California Public Utilities
Commission by Southern California
Gas Company to revise its rates in
May 1986 Consolidated Adjustment
•
Mechanism (CAM).
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Donald and Lucy K. Burns seeking
Burns
indemnity from claim filed by Dean
MacCabe regarding accident
occurring on or about January 2,
1986, at Cameo Shores in Corona del
Mar.
(b) Lydia Campellone alleging personal
Campellone
injuries as a result of trip and
fall on February 1, 1986 at 200 -1/2
North Bayfront, Balboa Island, due
to condition formed by difference
in elevation and separation between
sidewalk and water meter cover.
(c) Secondo J. and Dona Colombero
Colombero
alleging property damage as a
result of sewer backup caused while
contractor installing new sewer
lines on December 11, 1985, at 1003
.
E. Balboa Boulevard.
(d) Robert M. Decker alleging property
Decker
.
damage to vehicle as a result of
traffic accident with refuse truck
Volume 40 - Page 120
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Tmiyaq
on March 11, 1986 at Old Newport
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Boulevard and Industrial Way.
(e) John V. Donahue for window broken
Donahue
by rock allegedly thrown by unknown
V
.
persons on April 1, 1986, as a
result of pieces of rock left on
top of hillside above claimants
home at 3100 Breakers Drive.
(f) James E. Easton for loss of revenue
Easton
of pre - scheduled business meeting,
alleging water shut off in error on
February 24, 1986 at 263
Chesterfield.
(g) Employers Casualty Insurance Co.
Employers
seeking reimbursement of $397.83
Casualty
for emergency clean -up in
Co.
connection with sewer backup caused
by contractor installing new sewer
lines on December 11, 1985 at 1003
E. Balboa Boulevard.
(h) Vicki Finney alleging City Refuse
Finney
Truck badly damaged brand new
basketball backboard, frame and
hoop on approximately February 28,
1986 at 301 Alvarado Place.
(i) Jerry Gerson alleging physical
Gerson
.
abuse by City Police Department, on
December 26, 1985, at 900 E. Balboa
Blvd., Apt. C.
(j) Marguerite Holub seeking property
Holub
damage, alleging vehicle hit
puddle of paint in street and
damaged driver's side of car on the
evening of March 21, 1986 on Balboa
Boulevard.
(k) Sally Jo Menefee seeking indemnity,
Menefee
involved in traffic collision with
Larry Novahec who has filed lawsuit
against claimant on November 16,
1984 at Newport Hills Drive East
near Port Bristol Circle.
(1) Roberta S. Reed alleging damage to
Reed
right front fender and quarter
panel of vehicle due to water from
fire hydrant being operated by city
employee on March 12, 1986 near
4229 Birch.
J
(m) Kay Richardson alleging portion of
Richardson
sprinkler system damaged while
sidewalks were being installed on
.
February 1986 at 2499 Anniversary
Lane.
Volume 40 - Page 121
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL%P ROIL `f April 14, 1986
MINUTES
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(n) Skip and Kathy Skibicki alleging
Skibicki
property damage to home as a result
•
of sewer backup on February 11,
1986 at 1101 Balboa Avenue, Balboa
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island.
(o) Eugene Sobbota seeking
Sobbota
reimbursement, alleging parking
ticket given in error; in late
February or early March, 1986 at
Newport Pier Parking Lot.
(p) Tim Vescovi alleging damage to
Vescovi
vehicle as a result of hitting
flasher left on street from
construction crew doing work on
March 17, 1986 at Seashore and
Highland Streets.
(q) Dewey's Rubbish Service seeking
Dewey's
indemnity from claim filed by Mary
Rubbish
Soto on December 16, 1984 at 2110
Service
Newport Boulevard and denied by
City Council on February 25, 1985.
(r) Application to Present Late Claim
Parks
of Michael A. Parka alleging
personal injuries and damages as a
result of traffic accident on
December 7, 1985 at Dover Street
_
•
and Pacific Coast Highway.
For rejection:
(s) Late Claim of Jordan Arlen Potash
Potash
seeking reimbursement, alleging
vehicle towed away in error on
November 23, 1985 at 28th Street
and West Ocean Front alley.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Robert T, Dickie, Sandra Barnes,
Dickie/
Paul M. Conliffe and Wiley S.
Barnes/
Swearingen Complaint for Damages
Conliffe/
related to natural gas from an
Swearingen
abandoned oil well explosion on
August 2, 1985, Orange County
Municipal Court, Case No. 77048.
Claim was denied by City Council on
November 12, 1985.
(b) Marilyn Giffen Complaint for
Giffen
personal injuries, Orange County
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Superior Court, Case No. 48- 34 -16.
Claim was denied by City Council on
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November 25, 1985.
Volume 40 - Page 122
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(c) William Powers and Carl White
Powers/
Complaint for Damages for
White
•
Deprivation of Civil Rights, United
States District Court, Case No.
86 -0991. Claim was denied by City
.
Council on January 13, 1986.
(d) Bernard L. Saxon Complaint for
Saxon
Damages for Recovery of Unlawful
Fee (Transfer Fee-- Marinapark),
Orange County Municipal Court, Case
No. 76984. Claim was denied by
City.Council on December 9, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Maintenance Man I -
Asphalt, General Services.
(b) Approve two Police Clerks, Records
Section.
(c) Approve two Equipment Operators,
Park and Street Tree Division.
(d) Approve one Tree Trimmer II, Park
and Street Tree Division.
(e) Approve one Telecommunications
Technician, Utility Department.
(f) Approve one Laborer, Field
Maintenance.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from City Manager regarding
Insurance
public: liability insurance policy
(47)
renewal.
10. PUBLIC HEARING SCHEDULING - For April
28, 1986:
(a) Removed from the Consent Calendar.
(b) AMENDMENT NO. 631 - A request of
Zoning/
DONALD L. BREN COMPANY, Newport
Amnd 631
Beach, to amend portions of the
(94)
NORTH FORD PLANNED COMMUNITY
DEVELOPMENT STANDARDS for
RESIDENTIAL AREA 5, so as to delete
provisions for shared driveways on
substandard lots; increase the
.
minimum lot size from 2,400 sq.ft.
to 3,000 sq.ft.; establish a
minimum average lot width of 55
•
feet; revise the garage setback
Volume 40 - Page 123
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL dj o 3 S S v
ROLL April 14, 1986
MINUTES
iNnFY
requirements; establish permitted
locations for guest parking; and
•
increase the maximum height for
open trellis and beam construction
within the required side yard
setbacks from eight feet to nine
feet; and
TENTATIVE MAP OF TRACT NO. 12271
Tb1p Tr12271
(REVISED ) - A request DONALD L.
BEEN COMPANY, Newport Beach, to
revise a previously approved
Tentative Map of Tract No. 12271 so
as to subdivide 26.4 acres of land
into 159 numbered lots for detached
single- family residential
development; one lettered lot for
private recreational purposes; and
eight lettered lots for private
open space and landscaped purposes.
The revised Tentative Map also
includes an exception to the
Subdivision Code so as to allow the
creation of lots less than 5,000
sq.ft. in area and less than 80
feet in depth. 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. (Report from the
Planning Department)
11. Removed from the Consent Calendar.
12. IMUA CANOE CLUB - Uphold staff's
PB &R
recommendation to approve request from
(62)
IMUA Canoe Club to use North Star Beach
to store and launch canoes, subject to
considerations listed in the report from
Parks. Beaches and Recreation Director..
13. BICYCLE TRAILS CITIZENS ADVISORY
BT /CAC
COMMITTEE - Accept with regret, the
(24)
resignation of Thomas M. Fish, effective
March 3, 1986, and direct the City Clerk
to post vacancy notice.
14. SPECIAL EVENTS PERMITS - For approval,
Permits
subject to conditions listed in the
(65)
staff reports from Business License
(Attached):
(a) Application No. 86 -071 Removed
from the Consent
Calendar.
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Volume 40 - Page 124
COUNCIL MEMBERS
\CAL �9 ROLL Gtr April 14, 1986
MINUTES
(b) Application No. 86 -105 for
Newport Beach Athletic Club,
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to close Back Bay between
Eastbluff and San Joaquin
•
Hills Road on April 27, 1986.
15. HARBOR PERMIT APPLICATION #119 -227 -
Harbor Apl
Uphold staff's recommendation to approve
Permit
the application by Pacific Tides Marine
11119 -227
to revise the commercial docks bayward
(51)
of 227 20th Street, subject to the
conditions of approval listed in the
staff report. (Report from Marine
Department)
16. BUDGET AMENDMENTS - For approval:
(25)
BA -077, $30,000 - Transfer of Budget
Appropriations for additional funds for
Cannery Village /McFadden Square Specific
Area Plan EIR; Nondepartmental Fund.
BA -078, $239 - Increase in Budget
Appropriations for purchase of rebuilt
16mm projector to replace one which is
beyond repair; Library Fund.
BA -079, $66,500 - Increase in Budget
Appropriations for award of Contract
2550 for construction of new Ocean Front
restroom at 15th Street and
refurbishment of existing restroom at
Washington Street and East Bay Avenue;
General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed resolution rescinding
Cncl'Ad Hoc
Resolution No. 84 -78 and terminating the
CnryVlg/
City Council Ad Hoc Cannery
McFdn Sq
Village /McFadden Square Specific Area
(24)
Plan Review Committee, was presented
with report from the Assistant City
Attorney.
Council Member Strauss noted that when
Resolution No. 84 -78 was adopted
establishing an ad hoc City Council
committee to review the recommendations
of the Planning Commission with regard
to the Cannery Village /McFadden Square
Specific Area Plan, one of the
Committee's duties was:
"Subsequent to the completion of
the Planning Commission public
.
hearings on the proposed Specific
Area Plan, the Committee shall
review the Planning Commission's
.
recommendations for compatibility
Volume 40 - Page 125
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with the Local Coastal Plan, and
CanryVlg/
such other elements of the General
McFdn Sq
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Plan as may be appropriate, and
shall transmit its report and
recommendations along with the
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recommendations of the Planning
Commission to the City Council for
final review and adoption of a
Specific Area Plan."
Council Member Strauss further noted
that twice last year the subject
resolution was extended, and now that
the analysis of the Cannery
Village /McFadden Square has been
completed by the Planning Commission,
and the Committee is ready to do what is
set forth in the above paragraph, the
Committee is being terminated. He
inquired of the Council as to "why ?"
Council Member Cox replied that he has
never known of an ad hoc committee to
have the responsibility of reviewing an
item following approval by the Planning
Commission, and prior to its submission
to the City Council, but somehow the
above language got into the original
resolution, and was never noticed by
anyone, adding that it's a most unusual
Dion
and unfortunate situation.
x
In view of the foregoing, motion was
Res 86 -23
Ayes
x
x
x
x
x
x
made to adopt Resolution No. 86 -23,
Noes
x
rescinding Resolution No. 84 -78 and
terminating the City Council Cannery
Village /McFadden Square Specific Area
Plan Review Ad Hoc Committee.
Motion
x
2. Due to the above action, motion was made
GPA 86 -1(A)
All Ayes
to schedule for public hearing on April
CanryVlg/
28, 1986, GENERAL PLAN AMENDMENT
McFdn Sq
86 -1(A ) [report from Planning
(45)
Department] - Request initiated by the
City of Newport Beach to amend the Land
Use Element of the Newport Beach General
Plan, changing the designation for the
Cannery Village area from a mixture of
"Recreational and Marine Commercial" and
"General Industry" uses to "Recreational
and Marine Commercial01 uses on the
bayfront sites; "Retail and Service
Commercial" uses in the area northerly
of 29th Street, between Newport
Boulevard and Villa Way; and a mixture
of "Retail and Service Commercial" and
.
"General Industry" uses for the
remainder of the area. It is further
proposed to change the designation for
.
the McFadden Square area
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April 14, 1986
86 -1(A)
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from "Recreational and Marine
Commercial" to "Retail and Service
Commercial" uses. Those existing areas
designated for "Two- Family Residential"
and "Multi - Family Residential" uses are
to remain unchanged; and
AMENDMENT NO. 8(A) TO THE CITY OF
NEWPORT BEACH CERTIFIED LOCAL COASTAL
PROGRAM, LAND USE PLAN - Request
initiated by the City of Newport Beach
to amend the Local Coastal Program, Land
Use Plan, changing the designation of
the non - bayfront sites from
"Recreational and Marine Commercial" to
"Retail and Service Commercial" uses.
It is further proposed to change the
designation for the McFadden Square area
from "Recreational and Marine
Commercial" to "Retail and Service
Commercial" uses. Those existing areas
designated for "Two- Family Residential"
and "Multi - Family Residential" uses are
to remain unchanged. Amendments will
also be required to Land Use Plan Maps
No. 3,8, and 9; as well as introduce
and schedule for public hearing on April
28, 1986, proposed ORDINANCE NO. 86 -7,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE, ADDING CHAPTER
20.63, THE CANNERY VILLAGE /MCFADDEN
SQUARE SPECIFIC AREA PLAN; AND
AMENDING DISTRICTING MAPS NOS. 3,
8, and 9, DELETING THE EXISTING
ZONING DISTRICTS AND ADDING THE S -P
DESIGNATION; AND THE ACCEPTANCE OF
AN ENVIRONMENTAL DOCUMENT.
(Planning Commission Amendment No.
629)
3. A letter from the President of Newport
Center Medical Plaza Association,
regarding parking situation adjacent to
the medical buildings at Newport Center,
was presented.
Council Member Heather stated that Dr.
Jessen, author of the above letter,
could not be in attendance at this
meeting and requested her item be
continued to April 28, 1986, and in the
interim, she would meet with Dr. Jessen
and staff and report back at that time.
x
There being no objections, motion was
made to continue this item to April 28,
1986.
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4. A report from the Public Works
CdM Cmty
Department recommending approval an
Yth Ctr
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architectural services agreement with
C -2511
Bert Walokele Tarayao, A.I.A.,
(38)
incorporated, to design the proposed
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Corona del Mar Community Youth Center
(C -2511) for a fee of $55,440; and
authorizing the Mayor and the City Clerk
to execute said agreement, was
presented.
Motion
x
Council Member Agee expressed his
All Ayes
pleasure with the proposed agreement,
noting that the architect is a resident
of Corona del Mar and that his fee is in
line with the budgetary figure, and
therefore, motion was made to approve
the subject agreement.
5. Report from Traffic Engineering
Inter -City
recommending approval of a renewal
Shelters/
agreement with Inter -City Shelters,
Bus
Inc., was presented.
C -2482
(38)
Motion
x
Council Member Hart expressed her
Ayes
x
x
opposition to advertising on bus
Noes
x
x
x
x
x
shelters, and stated she feels there is
enough advertising from businesses in
the area. In addition, she was not
_
supportive of a 5 -year contract as
proposed, and therefore, motion was made
to approve renewal of a 1 -year contract,
and that there be no advertising on the
bus bench in front of City Hall, which
motion FAILED.
Motion
In view of the foregoing, motion was
All Ayes
x
made to approve the renewal agreement
with Inter -City Shelters, Inc.,
(Contract No. 2482) for a 5 -year period,
to provide bus shelters at various
locations in the City, but no
advertising in front of City Hall.
6. A report from the Public Works
Parking/
Department regarding MARINERS MILE
Mariners Mi
PARKING LOT, recommending denial of
Prkg Lot
request from Joseph A. Minney to enter
(63)
into a parking agreement or to allow the
payment of in -lieu parking fees to
satisfy the parking requirement of Josh
Slocum °s Restaurant, was presented.
otion
x
Council Member Hart stated that she has
Ayes
an appointment on May 21, 1986, with the
owners of Josh Slocum °s Restaurant
regarding this item, and therefore,
moved to continue this matter to May 27,
•
1986.
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7. Special Events Application No. 86 -071,
Permits/
for Newport Heights Community
Apl #86 -071
•
Association, to close Cliff Drive
(65)
between Riverside and Beacon on May 26,
.
1986, was presented.
Bonnie Jeannette, representing Newport
Heights Community Association, addressed
the Council and stated that pursuant to
the City's Municipal Code, they are
required to provide a $1 Million
liability insurance policy covering
their second Annual Memorial Day Picnic,
which they are finding is almost
impossible. They have contacted
numerous insurance agents, but cannot
find anyone who will provide the
required insurance for the event.
However, they have secured vendors who
carry their own insurance coverage for
special events such as pony rides,
clowns, etc. The picnic will be
basically the same as last year with an
approximate 800 in attendance, and this
year they are estimating 1000 to 1200.
Council Member Hart stated that she is
meeting with Council Member George Scott
of Fountain Valley tomorrow, who has an
insurance company, and has similar
concerns as this City does with their
homeowner associations. Mr. Scott also
serves on the newly formed task force
committee with City Managers and Council
Members of Orange County who will be
studying the subject of insurance.
Motion
x
Following discussion, motion was made to
All Ayes
approve Special Event Application
#86 -071, subject to conditions listed in
the staff report. In addition, Council
Member Hart to work with staff and
homeowners group regarding the needed
liability insurance.
8. Report from Executive Assistant to the
Ping /Anxtn
City Manager regarding proposed
(68/21)
ORDINANCE, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING THE NEWPORT BEACH
MUNICIPAL CODE AUTHORIZING
REDEVELOPMENT OF AN AREA BY THE
COUNTY OF ORANGE,
.
was presented for introduction.
The City Manager advised that the County
of Orange has requested some rewording
.
of the proposed ordinance, and
Volume 40 - Page 129
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therefore, recommended this item be
referred back to staff for future
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scheduling.
on
x
Motion was made to defer the subject
Ayes
item until a future time, as
recommended.
9. Report from the Public Works Department
15th St
regarding award of Contract No. 2550 to
Restrm /Wash
Peter S. Rodgers Property Improvement in
St Rfrbshm
the amount of $212,388 to Replace
C -2550
Restroom at 15th Street and Refurbish
(38)
Restroom at Washington Street, was
presented.
The Public Works Director advised that
there is some question regarding the
qualifications of the low bidder, and
therefore, recommended this item be
continued to April 28, 1986 for report
back.
Motion
x
Motion was made to continue this item to
All Ayes
April 28, 1986, as recommended.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 86 -4, being,
Ord 86 -4
Business
AN ORDINANCE OF THE CITY OF NEWPORT
License
BEACH AMENDING CHAPTER 5.04 OF THE
Regs
NEWPORT BEACH MUNICIPAL CODE
(27)
PERTAINING TO GENERAL PROVISIONS OF
BUSINESS LICENSES AND REGULATIONS,
was presented for second reading with
report from Assistant City Attorney,
dated March 17, 1986.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
86 -4.
2. Proposed ORDINANCE NO. 86 -5, being,
Ord 86 -5
Finance/
AN ORDINANCE OF THE CITY OF NEWPORT
Uniform
BEACH AMENDING.CHAPTER 3.16 OF THE
TOTx
NEWPORT BEACH MUNICIPAL CODE
(40)
PERTAINING TO UNIFORM TRANSIENT
OCCUPANCY TAX,
was presented for second reading with
report from Assistant City Attorney,
dated March 17, 1986.
Letter from Newport Beach Convention and
Visitors Bureau requesting continuance,
was presented.
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The City Manager advised that Newport
Finance/
Beach Convention and Visitors Bureau has
Uniform
requested this item be continued to May
TOTx
12, in order that they may inform all
the appropriate parties on the recent
developments concerning this issue.
Council Member Heather asked the Members
of the City Council if they would be
willing to hear a brief presentation
from the Arts Commission, who were in
attendance, regarding Art in Public
Places?
Council Member Cox stated that the issue
before the Council at this time deals
with an increase of 1% of the Transient
Occupancy Tax, which was proposed by the
Visitors and Convention Bureau, and for
that specific purpose, not Art in Public
Places. He has no objection to Art in
Public Places, but does feel the Arts
Commission should address their item as
a separate issue from that of the
Visitors Bureau.
Council Member Agee stated that he
wished to point out that it was the Arta
Commission who initially proposed the
idea some months ago, and therefore
felt the Commission had a legitimate
request.
Motion
x
Following further discussion, motion was
All Ayes
made to continue this item to May 12,
1986.
The City Manager advised that the
Newport Harbor Art Museum would be
making their annual budget presentation
at the Study Session on May 12, and
suggested the Arts Commission be invited
to make their request at this same time.
There being no objections, it was so
ordered.
3. Proposed ORDINANCE NO. 86 -6, being,
Ord 86 -6
Fire Code
AN ORDINANCE OF THE CITY OF NEWPORT
(41)
BEACH AMENDING CHAPTER 9.04 OF THE
NEWPORT BEACH MUNICIPAL CODE TO
ADOPT THE UNIFORM FIRE CODE, 1985
EDITION,
was presented for second reading with
report from Fire Chief, dated March 24,
1986.
Won
x
Motion was made to adopt Ordinance No.
Ayes
86 -6.
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All Ayes
Motion
All Ayes
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April 14, 1986
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I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. ARTS COMMISSION VACANCY.
x
Motion was made to confirm the
nominations of the Appointments
Committee for appointment on April 28,
1986, to fill the unexpired term of
Robert M. Allen ending June 30, 1986 of
Marguerite A. Bauman
AND
Carl Neisser
2. BICYCLE TRAILS CITIZENS ADVISORY
COMMITTEE.
x
Motion was made to confirm (District 2)
Mayor Pro Tem Plummer's deferral of
appointment to April 28, 1986, to fill
vacancy for term ending December 31,
1986.
K. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 9:55 p.m.
(:" A
aor
ATTEST:
City Clerk
F': t
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