HomeMy WebLinkAbout04/28/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CALREGULAR COUNCIL MEETING
PLACE: Council Chambers TIME: 7:30 P.M.
ROLL DATE: April 28, 1986 INDEX
Proclamation was presented to CDR. D. Howard
Williams, recognizing the contributions of
the Balboa Power Squadron and U.S.C.G.
Auxiliary and proclaiming National Safe
Boating Week- -June 1st through June 7th.
P (ant
x
x
x
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A. ROLL CALL.
Absent
x
Motion
x
B. The reading of the Minutes of the
All Ayes
Meeting of April 14, 1986, was 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 continued public
Cannery
hearing regarding CANNERY VILLAGE LOTS.
Village/
Property
Reports regarding Cannery Village Lots,
Acquired
from January 27 to February 24, 1986,
(73)
were presented.
Ben Jackson, Attorney representing the
Gilsand Company, addressed the Council
and stated that his client is still in
•
escrow for the purchase of 411 -413 30th
Street and wished to go forward with the
construction of improvements on said
properties as approved by the City
Council last year, if the property is
not going to be condemned.
Sharon Haire, representing Txomin N.V.,
owner of 411 -413 30th Street, addressed
the Council and concurred in the remarks
of Mr. Jackson.
Cynthia Garrett, Attorney representing
the Assistance League, addressed the
Council and stated that the League
wishes to continue negotiations with the
City, but have not had any communication
since their proposal to the City in
February.
Motion
x
Following comments by Council Member
All Ayes
Agee, motion was made to disallow
resolution to condemn real property.
2. Mayor Maurer opened the public hearing
regarding:
GENERAL PLAN AMENDMENT 86 -1(A) - Request
GPA 86 -1(A)
to amend the Land Use Element of the
(45)
Newport Beach General Plan, changing the
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CITY OF NEWPORT BEACH
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April 28, 1986
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PCA 629
(94)
designation for the CANNERY VILLAGE A]
from a mixture of "Recreational and
Marine Commercial" and "General
Industry" uses to "Recreational and
Marine Commercial" uses on the bayfroi
sites, "Retail and Service Commercial'
uses in the area northerly of 29th
Street between Newport Boulevard and
Villa Way, and a mixture of "Retail at
Service Commercial" and "General
Industry" uses for the remainder of t]
area. It is further proposed to chan]
the designation for the MCFADDEN SQUAT
AREA from "Recreational and Marine
Commercial " to "Retail and Service
Commercial " uses. Those existing aret
designated for "Two- Family Residentia:
and "Multi- Family Residential" uses ai
to remain unchanged. Amendments will
also be required to the Land Use Plan
maps. Approval of an Environmental
Document is also required; and
AMENDMENT NO. 8(A) to the City of
Newport Beach Certified Local Coastal
Program, Land Use Plan - Request to
amend the Local Coastal Program, Land
Use Plan, changing the designation of
the nonbayfront sites from "Recreatioi
and Marine Commercial" to "Retail and
Service Commercial" uses. It is furt]
proposed to change the designation foi
the MCFADDEN SQUARE AREA from
"Recreational and Marine Commercial" I
"Retail and Service Commercial" uses.
Those existing areas designated for
"Two - Family Residential" and
"Multi - Family Residential" uses are t'
remain unchanged. Amendments will aL
be required to Land Use Plan Maps Nos
3, 8, and 9; and
PLANNING COMMISSION AMENDMENT N0. 629
(ORDINANCE NO. 86 -7) - Request to
consider 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 N
3, 8, and 9, deleting the existing
zoning districts and adding the S -P
designation.
Report from the Planning Department,
presented.
Council Member Heather entered the meeting
this time.
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PCA 629
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL 9G�d'�9 April 28, 1986
MINUTES
�, s,
Bob Lenard, Advance Planning
GPA 86 -1(A)
Administrator, summarized the staff
Cannery
report, noting in conclusion, that the
Village
Planning Commission held public hearings
on the aforementioned items in February
•
and March 1986, and have recommended
approval of same to the City Council.
Chris Gustin, Senior Planner, described
the details of the Draft Specific Area
Plan as enumerated in the staff report.
Pete Rosi, representing owner of Crab
Cooker Restaurant, 2200 Newport
Boulevard, addressed the Council and
stated that they are in support of the
General Plan Amendment, but are
concerned with the proposed
Newport /Balboa Realignment (referred to
as "mixmaster ").
Robert Kroenert, 119 Via Zurich,
addressed the Council and stated that
his major concern was traffic. He has
read the EIR, as well as the staff
reports and has found some
inconsistencies, and therefore, is not
clear as to what is being recommended
for approval.
•
In response to Mr. Kroenert °s remarks
regarding the widening and restriping of
Newport Boulevard, the staff advised
that the EIR before the City Council at
this time is correct and reflects
changes made during the public hearing
process before the Planning Commission.
In response to Council request, the
staff described the Assessment District
process proposed to be used for a
majority of the improvement projects in
Cannery Village /McFadden Square areas,
and answered questions of the Council.
Bill Palmer, 205 Via San Remo, President
of Lido Isle Community Association,
addressed the Council and stated that
they have "strong" reservations about
the Draft Specific Area Plan and feel
that the Cannery Village area needs
serious "re— thinking." They have three
basic objections which are: 1) Parking
and traffic; 2) Increased pedestrian
traffic (buses, litter, etc.); and 3)
Change in character of Cannery Village
area. They do not want the Cannery
Village area made into a parking mall
with promenades, boutique shops, hotels,
etc.
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April 28, 1986 C0
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Joe Rosener, 125 Via Venezia, addressed
GPA 86 -1(A)
the Council and questioned staff
Cannery
regarding the Land Use Summary set forth
Village
on Page 29 of the EIR, which deals with
existing development, existing zoning,
•
development under the Specific Area
Plan, and estimated trend growth. He
also expressed his desire to preserve
public views and public visual open
space where possible, and stated that he
would hope that the City Council would
not apply the same concept of approval
to the Cannery Village area as it did to
the Rosan project on Coast Highway
which, in his opinion, was very
inappropriate.
Bruce Blackman, 108 Via Palermo,
addressed the Council and stated that he
has been a retail jeweler in Lido
Village since 1959. He discussed the
number of "turnovers" in businesses in
the Lido Village in the past years, and
questioned the need for an additional
retail area in Cannery Village, He also
pointed out that the parking structure
in Lido Village is never full except
during the time of boat shows. He also
felt that if a business is to be
successful in the subject area, it
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should provide a service.
Judy Rosener, 125 Via Venezia, addressed
the Council and stated that she served
on the Coastal Commission for eight
years and feels she understands the
changes that have taken place in the
City which, in her opinion, has shifted
from a resort community to a commercial
center. She stated that the reason the
Coastal Commission was formed was that
there was a feeling on the part of many
citizens that local governments were
more concerned with putting up offices
and generating revenue than they were
about preserving views in resort
communities and marine resources. The
purpose of the Local Coastal Program is
to assure that marine- oriented
communities, such as Newport Beach,
would protect and maintain coastal
resources, rather than selling to the
highest bidder. She expressed her
opposition to the proposed change in
land use designation for the Cannery
Village area, indicating she felt the
City did not need any additional office
areas.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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In response to Council Member Agee
GPA 86 -1(A)
regarding the EIR, Mrs. Rosener
Cannery
indicated she does not take the figures
Village
noted in the document seriously because
for the past 25 years, she has heard the
"same thing." She stated she has not
read the subject document because it
changes every twenty minutes, and
because her concern is a general
philosophy.
Joe Sims, 200 Via Lorca, addressed the
Council and stated that he owns property
in the Cannery Village area and feels it
is an eyesore and needs some cleaning up
such as underground utilities, street
improvements, etc.
Tom Orlando, representing West Newport
Beach Homeowners Association, addressed
the Council and stated that they are in
support of the General Plan Amendment,
but are concerned over the funding of
the parking structure, and do not feel
City funds should be used for this
purpose.
William Blurock, 1344 W. Bay, member of
the McFadden Square Community
Association, addressed the Council and
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stated that they are behind the General
Plan Amendment, but do have some
concerns which they outlined in their
letter to the Planning staff, dated
April 2, 1986.
Curt Herberts, resident, addressed the
Council and stated that the City already
has too much traffic and that it has
become an "anthill." He felt that the
Newport /Balboa Boulevard realignment and
the widening of the Arches Bridge should
be top priority in order to better
circulate traffic on the Peninsula.
Tom Pendall, immediate past President of
Balboa Peninsula Point Association,
addressed the Council and discussed the
traffic problems on the Peninsula,
indicating he felt there was a definite
pedestrian traffic problem in the area
of the "mixmaster," particularly at
night. He also felt that when there are
three northbound lanes on Newport
Boulevard at the Arches Bridge, it will
alleviate the bottleneck at the
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intersection of Newport Boulevard and
entrance to Lido Isle.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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April 28, 1986
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Hearing no others wishing to address the
GPA 86 -1(A)
Council, the public hearing was closed.
Cannery
Village
Council Member Strauss noted that it
took the Planning Commission three
meetings to consider the items under
consideration, and also, inasmuch as the
City Council is without the benefit of
the Planning Commission minutes of those
hearings, he felt it would be premature
to act on this prior to the next
meeting.
Discussion ensued, wherein the staff
answered questions of the Council
regarding transfer of tax credits,
residential property in the Cannery
Village area, and the configuration of
the "mixmaster.11
Council Member Hart expressed some of
her concerns, indicating she would hope
that the staff will work with the Dory
Fleet in keeping with what the
Historical designation is for that area.
She also felt that the Rosan project is
larger than anticipated because the City
does not calculate parking into the
total square footage, and therefore,
felt this was an item staff should look
into. She also felt there should be
more incentives for Marine Use than
just building densities. In conclusion,
she felt that when referring to the 26
to 35 foot height limit, and considering
a specific area plan such as this one,
the maximum of 35 feet should be "just
that" and not 40 feet in reality.
Discussion ensued between Council Members
Hart and Agee regarding the City's
interpretation of height limits.
In response to Council Member Plummer,
the Planning Director stated that there
is no specific location for a parking
structure in the Cannery Village or
McFadden Square area. However, there
are one or two alternative sites in the
Cannery Village area which might be
considered at a future time.
Council Member Plummer stated that she
was not opposed to a parking structure
for the McFadden Square area. However,
•
she did feel that the land where the
parking now exists is too valuable to be
used for parking and should be developed
into a recreational area similar to Main
Beach in Laguna Beach.
Volume 40 - Page 138
CITY OF NEWPORT BEACH
COUNCIL MEMBERS,
co s, \115\p s s V
� 9q 5� ROLL CAL �cr y�9 April 28, 1986
MINUTES
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It was noted by the City Manager that if
GPA 86 -1(A)
the City Council takes action on the
Cannery
subject ordinance, one of the first
Village
tasks that should be done following
Coastal Commission approval, is to come
•
back with an implementation plan as soon
as is practical.
Motion
x
Following further discussion, motion was
made to adopt Resolution No. 86 -26,
Res 86 -26
adopting GENERAL PLAN AMENDMENT 86 -1(A),
an amendment to the Land Use Element of
the General Plan as it pertains to the
Cannery Village /McFadden Square area,
and the acceptance of an Envirommntal
Document; and adopt Resolution No.
Res 86 -27
86 -27, approving AMENDMENT NO. 8 to the
City of Newport Beach's Local Coastal
Program Land Use Plan and Districting
Maps Nos. 3, 8, and 9, in conjunction
with the approval and adoption of the
Cannery Village /McFadden Square Specific
Area Plan; and adopt Ordinance No. 86 -7,
Ord 86 -7
amending Title 20 of the Newport Beach
Municipal Code, adding Chapter 20.63,
the Cannery Village /McFadden Square
Specific Area Plan; and amend
Districting Maps Nos. 3, 8, and 9,
deleting the existing zoning districts
and adding the S -P designation.
ion
x
Council Member Plummer indicated that
all of her concerns have not been
satisfied, and therefore, made a
substitute, motion to continue this item
to May 12.
Council Members Strauss and Hart
indicated they would support the motion
for continuance.
Ayes
x
x
x
Following comments by Council Member Cox
Noes
x
x
x
x
in opposition to the substitute motion,
said motion was voted on and FAILED.
Motion
x
In view of the foregoing, a substitute
motion was made by Council Member
Strauss to approve the following items
for the McFadden Square Area, and to
continue the balance of the items for
consideration on May 12:
° Restroom Relocation
° Newport /Balboa Realignment
° McFadden Promenade
° Streetscape
° Restripe Newport Boulevard
Ayes
x
x
The above motion was voted on and
Noes
x
x
x
x
x
FAILED.
Volume 40 - Page 139
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1986 April 28, �
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Council Member Strauss, in speaking to
GPA 86 -1(A)
the motion now on the floor by Council
Cannery
Member Agee, stated that as noted by
Village
those who spoke earlier, Lido Marina
Village has gone downhill as far as an
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area for good retail business. In his
opinion, Cannery Village is also not an
area for retail business and, therefore,
it does not make sense to him to change
the land use designation. In addition,
traffic is a major concern to the
residents and business owners who reside
on Lido Isle. As far as shopping, there
is Newport Center and South Coast Plaza,
and therefore, there is no need for
additional retail businesses in this
area. He urged the City Council to
consider the magnitude of this proposal
before taking any action. In
conclusion, he suggested the City
Council straw -vote the proposed projects
as did the Planning Commission.
Council Member Cox spoke in opposition
to Council Member Strauss °s comments and
stated that, in his opinion, the
proposal under consideration is only a
guideline as to how to approach the
Cannery Village /McFadden Square area.
x
x
x
x
x
x
There being no further comments, the
N
x
motion on the floor was voted on and
carried.
3. Public hearing regarding ORDINANCE NO.
Ord 86 -8
86 -8, being,
Zoning
(94)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 20.87.090 OF
THE NEWPORT BEACH MUNICIPAL CODE AS
IT PERTAINS TO THE DEFINITION OF
THE TERM 11BUILDING SITE° AND
PROVISIONS FOR WAIVER OF COMBINING
REQUIREMENTS WHERE EXISTING OR NEW
BUILDINGS ARE PLANNED TO CROSS
EXISTING PROPERTY LINES, AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT (PLANNING COMMISSION
PCA 633
AMENDMENT NO. 633).
Report from the Planning Department was
presented.
The City Manager summarized the staff
report, noting that the proposed
amendment will clarify language in
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Section 20.87.090B of the Newport Beach
Municipal Code regarding the waiver of
combining (parcel map) requirements.
Since Ordinance No. 1723 (Amendment No.
489), that enacted the waiver of the
Volume 40 - Page 140
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL Gds April 28, 1986
MINUTES
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combining requirement was adopted in
Ord 86 -8
1977, the Planning Commission has
Zoning
approved said waiver on four occasions.
PCA 633
Three of the requests involved the
remodel of existing structures, and the
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fourth request was for a new building to
be constructed over common property
lines on three lots. Six members of the
Planning Commission made the
determination that the.rewording of
Section 20.87.090B of the Municipal Code
was an improvement and clarification of
existing language, as well as a
reflection of the way this section has
historically been used and interpreted.
In response to Council inquiry, the
Planning Director stated that there is a
project currently pending before the
Planning Commission where there has been
a request for a waiver of the parcel
map. He stated that to the best of his
knowledge whether or not this amendment
is approved by the City Council, it has
no bearing as to what the Planning
Commission might ultimately do with
respect to that particular application.
Lowell Martindale, Attorney, 610 Newport
Center Drive, addressed the Council and
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stated that he represents the Vallely
family trust, which owns five lots that
are part of the Balboa Landing project
just referred to by the Planning
Director. There are a total of twelve
lots in the tract to which improvements
are proposed to be constructed.
Ordinance No. 86 -8 was proposed as a
result from consideration of the
application of Balboa Landing for
improvements. They disagree with the
staff in that the ordinance amendment is
a nominal administrative change. What
they object to in the ordinance is the
failure of the ordinance to address any
of the standards which would guide the
staff and the Planning Commission in the
application of the ordinance. He
requested that the City Council
reconsider the ordinance, and if they
feel it is necessary, direct the staff
and Planning Commission to define what
circumstances should be appropriate to
grant such a waiver and what protections
would be required.
•
In response to inquiry of Mayor Maurer,
Mr. Martindale stated that if the
ordinance is adopted, the rights of the
Vallely°s would be infringed upon.
Volume 40 - Page 141
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL April 28, 1986
MINUTES
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The Planning Director pointed out again
that the adoption of the proposed
ordinance and the Balboa Landing project
are two distinct separate issues, and
that the ordinance only clarifies some
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existing language that has been on the
books for the last 10 years.
Discussion ensued wherein the City
Attorney stated that the proposed
ordinance should not be analyzed with
the Balboa Landing project, or any other
project in mind. He also felt that the
concerns expressed by Mr. Martindale are
addressed in the ordinance.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Following additional consideration and
All Ayes
comments, motion was made to adopt
Ordinance No. 86 -8.
The City Manager informed Mr. Martindale
that if he felt the ordinance ought to
be further changed to reflect additional
conditions, such changes should be
submitted to the City Council so that
they can be considered by the Planning
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Commission.
4. Mayor Maurer opened the public hearing
regarding:
AMENDMENT NO. 631 - A request of the
FCA 631
DONALD L. BREN COMPANY, Newport Beach,
(94)
to amend portions of the NORTH FORD
PLANNED COMMUNITY 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 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 14AP OF TRACT NO. 12271
TMpTr 12271
(REVISED) - A request of the DONALD L.
BREN 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
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April 28, 1986 ROLL
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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
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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 was
presented.
Linda Lee, representing the Bren
Company, addressed the Council and
answered questions regarding the changes
in the project.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 86 -28
All Ayes
86 -28, amending the North Ford Planned
Community Development Standards as
recommended by the Planning Commission,
and approve the Tentative Map of Tract
•
No. 12271 (Revised), with the Findings
and subject to the Conditions by the
Planning Commission.
E. PUBLIC COMMENTS:
1. Robert Blake, Blake Properties, 1550
Old CdM
Bayside Drive, Corona del Mar, addressed
Inn
the Council and stated that on April 10,
the Planning Commission approved a
condominium project directly in front of
his property known as the Old Corona del
Mar Inn, the oldest structure in Corona
del Mar, and the oldest landmark in the
City besides the Balboa Pavilion. He
distributed copies of letters from
Congressman Badham, Supervisor Riley,
Sherman Library A Gardens, National
History Foundation, etc., endorsing
renovation of the Inn. He requested
that the City Council call for an appeal
hearing to review the subject issue.
Following discussion among the Council,
it was indicated this item would be
brought up again under Additional
.
Business later in the meeting.
Volume 40 - Page 143
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL Gds ��p F9 Z�9 April 28, 1986
MINUTES
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F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
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1. ORDINANCES FOR INTRODUCTION - Pass to
2nd reading on May 12, 1986:
(a) Proposed ORDINANCE NO. 86 -9, being,
Ord 86 -9
CATV
AN ORDINANCE OF THE CITY OF
(42)
NEWPORT BEACH AMENDING SECTION
5.44.160 (COMMUNITY ANTENNA
TELEVISION) OF THE NEWPORT
BEACH MUNICIPAL CODE.
(Memorandum from the Executive
Assistant to the City Manager)
(b) Proposed ORDINANCE NO. 86 -10,
Ord 86 -10
being,
Utilities/
Water Rts
AN ORDINANCE OF THE CITY OF
(40/89)
NEWPORT BEACH AMENDING
SECTIONS 14.12.040 AND
14.12.090 OF THE NEWPORT BEACH
MUNICIPAL CODE REGARDING
PROCEDURES FOR ESTABLISHING
WATER RATES AND CHARGES.
(Report from the Utilities
Director)
•
(c) Proposed ORDINANCE NO. 86 -11,
Ord 86 -11
being,
Planning/
Annexatn
AN ORDINANCE OF THE CITY OF
(68/21)
NEWPORT BEACH ADDING SECTION
20.08 TO THE NEWPORT BEACH
MUNICIPAL CODE AUTHORIZING THE
REDEVELOPMENT OF AN AREA
WITHIN ITS TERRITORIAL LIMITS
BY THE COUNTY OF ORANGE
(Report from Executive
Assistant)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -29 prohibiting
Parking/
parking on the north side of West
Prohibtn
Coast Highway from Newport
Res 86 -29
Boulevard to Superior Avenue.
(63)
(Report from Traffic Affairs
Committee)
(b) Resolution No. 86 -30 requiring
Trfk /Stop
vehicles to stop on the specified
Res 86 -30
approaches to the intersections of
(85)
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Sandcastle Drive at Catamaran Drive
and Seacrest Drive at Catamaran
Drive. (Report from Traffic
Affairs Committee)
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALS� �0 3 Z S 9
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(c) Resolution No. 86 -31 declaring the
Vacation
City's intention to vacate the
Res 86 -31
subject vehicular access rights to
(90)
the northerly side of Birch Street
between MacArthur Boulevard and Von
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Barman Avenue adjacent to the
MacArthur Court Development;
accepting a map; and setting May
27, 1986 as the date for the public
hearing concerning the intended
vacation. (Report from Public
Works Department)
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2555 to FAV
Sdwlk /Crb/
Engineering for the total bid price
Rdwy Pvmt
of $36,405 for Sidewalk, Curb and
Rplcm/
Roadway Pavement Replacement on
Balboa
Balboa Peninsula; and authorize the
Peninsula
Mayor and City Clerk to execute
C -2555
said contract. (Report from Public
(38)
Works Department)
(b) Award Contract No. 2398 to
Balboa
Gillespie Construction, Inc., for
Prkg Lt
the total bid price of $52,389 for
Tckt Booth
Balboa Parking Lot Ticket Booth;
C -2398
and authorize the Mayor and City
(38)
Clerk to execute said contract.
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(Report from Public Works
Department)
(c) Authorize the Mayor and City Clerk
Bal B1
to execute an Amendment to an
Widng/
existing Engineering Services
33 -44 Sts
Agreement with Robert Bein, William
C -2533
Frost & Associates for Widening
(38)
Balboa Boulevard between 33rd and
44th Streets (Contract No. 2533) to
provide for inclusion of plans,
specifications, and estimate for
water and sewer improvements.
(Report from Public Works
Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) Removed from the Consent Calendar.
(b) To Planning Department for reply,
Planning
request from Philip Sansone, Jr.,
(68)
for the City Council to reconsider
its approval for Application
05 -86 -254 to the California Coastal
•
Commission and withdraw said
application.
Volume 40 - Page 145
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL Z�9 April 28, 1986
MINUTES
uunry
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Kent Welton to
Judge Terrence J. Hatter, Jr.,
Federal District Court, protesting
the John Wayne Airport Agreement.
(b) California State Department of
Industrial Relations, Division of
Apprenticeship Standards
notification of denial of bidding
rights under Labor Code Section
1777.7.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Susan F. Bevirt alleging vehicle
Bevirt
towed away in error as no signs
were posted at Balboa Boulevard,
between A & B Streets on March 27,
1986.
(b) Lillian Fluor seeking indemnity
Fluor
from claim filed by Dean MacCabe,
who was injured while diving into
ocean at Cameo Shores on April 22,
•
1982.
(c) James L. George alleging false
George
arrest, false imprisonment and
intentional infliction of emotional
distress at the time of the arrest
and the subsequent incarceration at
Hoag Hospital on January 2, 1986.
(d) Roquin Gervot alleging personal
Gervot
injuries as a result of being
rear -ended by Council Member on
January 30, 1986, at Pacific Coast
Highway, Laguna Beach.
(e) John Hromadka alleging personal
Hromadka
injuries as a result of hitting
construction rope which was lying
in roadway and caused claimant to
fall onto pavement at Bayside Drive
near Jamboree Road on January 21,
1986.
(f) Nationwide Insurance Company for
Nationwide
Robert Decker, insured, seeking
Ins Co/
reimbursement, alleging insured's
lDecker
•
vehicle backed into by City Refuse
Truck at Old Newport Boulevard and
Industrial Way on March 11, 1986.
Volume 40 - Page 146
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
F
April 28, 1986 o
ROLL \'PP 9
MINUTES
`!k *0
For rejection:
(g) LATE CLAIM OF - Eric Litscher
Litscher
alleging injuries sustained while
riding bicycle was due to unsafe
•
conditions, etc., in bicycle lane
in the 700 West block of Pacific
Coast Highway on December 21, 1985.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Allstate Insurance Company on
Allstate
behalf of Dean & Marcella Phillips,
Ins Co/
as a result of oil fire on August
Phillips
2, 1985, Orange County Superior
Court Case No. 48- 70 -17. Claim was
denied by City Council on October
28, 1985.
(b) Diana Lee Laddusaw for personal
Laddusaw
injuries, Orange County Superior
Court Case No. 48- 34 -14. Claim was
denied by City Council on January
13, 1986.
(c) Linda Sue and Jerry Murray on
Murray
Amendment to Complaint, Orange
County Superior Court Case No.
•
482 -687. Claim was denied by City
Council September 23, 1985.
(d) SOUTHERN CALIFORNIA EDISON COMPANY
So CA
as a result of Oil Well Fire in
Edison
August, 1985, Orange County
Municipal Court Case No. 76800.
Claim was denied by City Council on
October 15, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve two Police Officers, Patrol
Division.
(b) Approve one Police Clerk,
Administrative Division.
(c) Approve one Library Clerk III,
Balboa Branch.
(d) Approve one Library Clerk II,
Balboa Branch.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar.
Volume 40 - Page 147
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL April 28, 1986
MINUTES
rm»:4
(b) Memorandum from Arts Commission
Arts Cmsn
Chairman requesting transfer from
(24)
"Salute to the Arts" budget account
for Art in Public Places funding.
•
10. PUBLIC HEARING SCHEDULING - For May 12,
1986:
(a) Application for Certificate of
PD /Towing
Convenience and Necessity for the
(70)
following:
NEWPORT CENTER TOWING
BONHAM TOWING
11. SPECIAL EVENT PERMITS - Uphold.staff's
(65)Permits
recommendation, subject to conditions
listed in the reports from Business
License Supervisor for the following:
For approval:
(a) Application #85 -509 - Ford
Apl#85 -509
Aerospace 8 Communications for
Annual "Spring Tune -Up Run" on
May 3, 1986.
(b) Application X186 -112 -
Apl#86 -112
•
Recreation Equipment, Inc., to
conduct an on the water
demonstration of canoes on the
Bay Beach at 18th Street on
May 11,1986.
For denial:
(c) Removed from the Consent
Calendar.
12. Removed from the Consent Calendar.
13. Removed from the Consent Calendar.
14. CITY COUNCIL TRAVEL AND EXPENSE RECORD -
Council
Approve expense record of Council Member
Expense
Evelyn R. Hart for $439.20, while
(33)
attending OCS meeting in Sacramento on
March 31, and April 1, 1986.
15. ENCROACHMENT AGREEMENT - For
Permit
construction of nonstandard improvements
(65)
(south side of San Joaquin Hills Road
adjacent to the Avco Tower,
Resubdivision No. 271, filed in Book 25,
Page 14 of parcel Maps, Records of
.
Orange County, California), approve said
encroachment agreement within the San
Joaquin Hills southerly parkway; and
authorize the Mayor and City Clerk to
Volume 40 - Page 148
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
ROLL as April 28, 1986
G
MINUTES
IN®FX
execute subject agreement and record
with the Orange County Recorder.
(Report from Public Works)
•
16. Removed from the Consent Calendar.
17. BUDGET AMENDMENTS - For approval:
(25)
BA -080, $28,000 - Increase in Budget
Appropriations and decrease in
Unappropriated Surplus to provide for
lighting at selected Balboa Peninsula
Beach locations; General Fund.
BA -081, $450 - Transfer in Budget
Appropriations to provide for purchase
of television to be used to show
training films; Police - Administrative
Fund.
BA -082, $1,515 - Transfer in Budget
Appropriations for special refuse
collection on Balboa Island on June 14,
1986; General Services- Special
Department Expense Fund. (Memorandum
from General Services Director w /letter
from Balboa Island Improvement
Association)
BA -083, $63,000 - Increase in Budget
•
Appropriations and decrease in
Unappropriated Surplus for additional
funds for construction of new roof on
Mariners Library; Mariners Library Fund.
(Report from Building Director)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Tidelands Affairs
Marine Dpt
Committee recommending denial of
(51)
application by Harvey Pease to install a
new dock and float on Balboa Island, was
presented. .
Motion
x
Motion was made to table this item.
All Ayes
2. Report from License Supervisor,
Permit
recommending denial of Application
Apl#86 -067
b86 -067 by World Professional Sailing to
(65)
use the oceanfront beach at the Balboa
Pier as a checkpoint for their sailing
marathon on July 29 and 30, 1986, was
presented.
n
x
Council Member Hart stated that after
reading the staff report and the letter
from the applicant, she felt this was an
event that the City Council should
support, and therefore, moved to approve
the subject Special Events Permit.
Volume 49 - Page 149
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\-o
CAL ROLL S`S' �9 Fp April 28, 1986
MINUTES
MOM
i:.
Mr. John Taylor, 5600 Naples Canal, Race
Director for the Pacific 1000, addressed
the Council and stated that the event
has been structured under the
supervision of the U.S. Coast Guard and
•
will be .conducted under Coast Guard
permit authorization. He described the
details of the event as set forth in his
letter of April 12, 1986, and urged City
Council approval.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
3. Report from Planning Department
Planning/
regarding request of The Irvine Company,
Tr 11949
Newport Beach, to use North Ford Park
(68)
Credits for Tract 11949, (Corona del Mar
Seniors Project) was presented.
In response to Council Member Hart, the
City Manager advised that the park
dedication in the North Ford area was a
total of 12 acres. The dedication
ordinance required 10 acres, and
therefore, The Irvine Company has two
acres of credit at $443,000 per acre
based on the present in -lieu appraisal
fee. If The Irvine Company takes .48
park credits there will still be .152
•
credits on the North Ford parcel.
Motion
x
Following discussion, motion was made to
All Ayes
approve the request of The Irvine
Company as outlined in the staff report.
4. Report from the Tidelands Affairs
lHarbor
Committee recommending approval of
Permit
Commercial Harbor Permit Application,
Apl /Bait
(subject to conditions of approval) by
Receiver
Pamela Rose Bait Company to install a
(51)
commercial bait receiver barge in
Newport Harbor, was presented.
The City Clerk reported that after the
agenda was printed, a telephone message
was received from Roy Kunkle, objecting
to the proposed bait receiver.
Tom Allen, Attorney representing the
applicant Pamela Rose, addressed the
Council in support of the request and
stated he was available for questions.
ion
x
It was indicated that possibly not all
property owners affected by the proposal
were notified of this hearing, and
therefore, motion was made to continue
this item to May 12.
Volume 40 - Page 150
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL GkP`p y�9 April 28, 1986
MINUTES
I ITUOT>ri
Donna Green,: resident of Bayside Drive
Harbor Perm/
and William Von Henkle, 2221 Mesa Drive,
Bait Receivr
Santa Ana, addressed the Council in
favor of the bait receiver.
•
Steve Greyshock, (no address given)
addressed the Council and stated that he
has been supplying bait for the last six
years in Newport Beach, and it is his
proposal that is being considered. He
stated there are many people in support
of the bait receiver and urged the
Council to approve the request.
Virginia Herberts, 2290 Channel Road,
addressed the Council and spoke in
opposition to the proposal, indicating
she felt it could be very hazardous.
Mr. Allen spoke again, stating that the
bait receiver will be moored very
securely and also insured in accordance
with City requirements.
David Harshbarger, Marine Director,
addressed the Council and advised that
the Balboa Peninsula Point Association,
the Corona del Mar Civic Association,
and the Breakers Drive Homeowners
Association, were advised of this
•
meeting. However, the property owners
on Ocean Boulevard were not notified,
inasmuch as there is no homeowners
association for that area, and it is
outside the standard notification area
of 300 foot radius.
Motion
x
Following discussion, substitute motion
All Ayes
was made to approve the application for
a one -year trial period, subject to the
conditions outlined in the staff report.
5. Letter from Lido Park Mobile Home Park
Planning/
Manager with copy of Amendment to
Lido Prk
Long -Term Lease dated February, 1986,
MHPrk
was presented.
(68)
Muriel Thomson, 17 Anza, Lido Park,
addressed the Council and stated that
residents of the park are very concerned
with Clause No. 1 of the amendment to
long -term lease. She stated that
several weeks ago they came before the
City Council regarding an interpretation
of the subject paragraph to which the
•
City Attorney has not yet responded.
Volume 40 - Page 151
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� 0 3 s ti v
ROLL �`� �A April 28, 1986
MINUTES
OTEn-
The City Attorney stated that his office
is currently looking into the provision
of the lease referred to by Ms. Thomson
in terms of its effect on the City and
will have a response to the Council
•
within 10 days.
Motion
x
In view of the foregoing, motion was
All Ayes
made to refer the subject letter to City
Planning Department /City Clerk for
inclusion in the records.
6. Report from Public Works regarding
15th /Wash
REPLACE RESTROOM AT 15TH STREET AND
Sts Restrm
REFURBISH RESTROOM AT WASHINGTON STREET
& Rfrbsh
(CONTRACT 2550) recommending that all bide
-2550
received on March 26, 1986 be rejected,
(38)
was presented.
Peter S. Rodgers, 332 Prospect Avenue,
addressed the Council and stated that he
was the low bidder for the subject work
and in view of the recommended
postponement, he would be willing to
wait until the fall to do the work and,
therefore, he would not like to see the
bids rejected. He stated that he is a
resident and taxpayer of the City and
feels that he is qualified to do the
•
work. He has made attempts to talk to
staff regarding his qualifications, but
he has not had a favorable response.
The Public Works Director stated that on
April 14, 1986 the staff had recommended
to the City Council that a contract be
awarded to Mr. Rodgers for the subject
work; however, shortly before the
Council meeting, the staff received
information that caused them to
recommend delaying the award until the
low bidder's qualifications could be
checked further. The staff has since
pursued the investigation of those
qualifications and have received
substantial information from the
Building Department.
However, the Public Works Director did
not feel it was necessary to mention the
additional information in the staff
report, inasmuch as the project was now
going to be delayed until the fall, but
if the Council requests it, a written
report can be provided.
Volume 40 - Page 152
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
o d'9� S �\<�
April 28, 1986 ROLL
MINUTES
II 11q►1W7
Motion
x
Following discussion, motion was made to
All Ayes
reject all bids received on March 26,
1986, for 15th St. Restroom
Replacement /Washington St. Restroom
Refurbishing (C -2550) and staff was
•
directed to carry over the project to FY
1986 -87.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Appointment to BICYCLE TRAILS CITIZENS
9T/CAC
ADVISORY COMMITTEE VACANCY.
Motion
x
Motion was made to confirm (District 2)
All Ayes
Mayor Pro Tem Plummer's appointment of
Todd Schooler for term ending December
31, 1986.
2. BICYCLE TRAILS CITIZENS ADVISORY
aT /CAC
COMMITTEE VACANCY.
Motion
x
Motion was made to defer to May 12,
All Ayes
1986, (District 4) Council Member
Heather's appointment to fill the
unexpired term of Thomas M. Fish, ending
December 31, 1986.
•
3. Report from the Offstreet Parking
arking/
Committee regarding Balboa Pier Parking
Balboa Pier
Lot was presented.
(63)
Council Member Agee, Chairman of the
Offstreet Parking Committee, recommended
that the City Council approve the
proposed changes as set forth in the
staff report.
Charlie Bauman, President, Balboa
Improvement Association, addressed the
Council and stated that there are five
different types of people impacted by
the changes in fees for the parking
lots, i.e., businesses, residents,
visitors, old -time residents without
garages, and fishing people. He felt
that possibly more polls should have
been conducted to get a better idea of
what types of fees should be charged.
Volume 40 - Page 153
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
S X9
April 28, 1986 0 L �
ROLL `J
MINUTES
;nil47
Reference was made to the letter of the
Parking/
Balboa Improvement Association dated
Balboa Pier
April 14, 1986, which recommends the
following changes in the operation of
•
the lot:
1) All permits to be limited only
to Newport Beach residents or
employees of Newport Beach
business concerns.
2) More clearly define overnight
parking and limit those
permits to a maximum of 5 days
with a $60 fee charge.
3) No permits issued to campers
or motor homes.
4) The maximum for winter parking
should be $1.00 if the system
is changed to pay as you
enter.
5) Meter rates should remain at
existing rates to benefit
local merchants.
6) We urge additional parking
feasibility studies as an
•
important part of the proposed
specific area plan.
Following discussion, the Council
straw -voted the five documents
recommended for approval as listed on
the agenda, as follows.
Motion
x
Council Member Hart suggested that
All Ayes
Section 1 of proposed ORDINANCE 110.
86 -12, be changed to read (in part):
"No person shall park a vehicle in any
parking lot, facility or area owned,
maintained or operated by the City of
Newport Beach without paying a fee if
prescribed by City Council resolution or
........," and moved to approve such
revision and introduce and pass to
second reading on May 12, 1986, proposed
Ord 86 -12
ORDINANCE NO. 86 -12, being,
Parking/
Balboa Pier
AN ORDINANCE OF THE CITY OF NEWPORT
(63)
BEACH AMENDING SECTION 12.12.050 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO OVERNIGHT PARKING IN
•
THE BALBOA MUNICIPAL PARKING LOT.
Volume 40 - Page 154
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL �� April 28, 1986
MINUTES
W_ A vl
Council Member Hart moved to introduce
and pass to second reading on May 12,
1986, proposed ORDINANCE NO. 86 -13,
Ord 86 -13
being,
Tow /Impnd
Vehicles
AN ORDINANCE AMENDING CHAPTER 10.52
Nuisances
OF THE NEWPORT BEACH MUNICIPAL CODE
(63)
ESTABLISHING THE RIGHT TO TOW AND
IMPOUND VEHICLES ABANDONED IN CITY
PARKING LOTS.
Proposed Resolution No. 86 -32 regarding
permit use, fees, and time limits for
overnight parking in the Balboa Pier
Lot, was presented.
Motion
x
Motion was made to disallow the subject
resolution.
The City Attorney advised that if the
Council disallows the resolution now
under consideration, it will have an
impact upon Ordinance No. 86 -13 which,
was just introduced. The ordinance
talks in terms of different time limits,
depending upon whether or not a vehicle
has a permit authorizing overnight
parking, and sets two different time
limits for those vehicles.
x
x
x
The motion to disallow Resolution No.
Noes
x
x
x
x
86 -32 was voted on and FAILED.
Motion
x
In view of the foregoing action, motion
es 86 -32
Ayes
x
x
x
x
x
was made to adopt Resolution No. 86 -32,
Noes
x
which motion carried.
Abstain
x
Proposed Resolution No. 86 -33
establishing fees in the Balboa
Municipal Lot, was presented.
Motion
x
Motion was made to adopt Resolution No.
Res 86 -33
All Ayes
86 -33.
Proposed Resolution establishing fees in
the "A" Street and Balboa Metered Lots,
was presented.
Motion
x
Motion was made to disallow the above
All Ayes
resolution.
Doug Cavanaugh, owner of Ruby's at
Balboa Pier, addressed the Council and
stated that his primary concern is the
winter operation as recommended by the
Offstreet Parking Committee, which is
the "pay -as -you- enter" system, with a
Volume 40 - Page 155
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
p
April 28, 1986 ROLL ooaaeffm
one -time fee of $3.00. He feels the fee
YYV IV Om 0'Y
of $3.00 is unfair for someone who only
parks a short time, and does feel that
the "pay -as- you - leave" operation is more
equitable.
M 0 n
x
Following discussion, motion was made
Ayes
x
x
x
x
x
that the parking lot be manned 24 hours
Noes
x
x
per day beginning the first Saturday in
May through the last Sunday in September
at the recommended increased rate, with
the "pay -as- you - leave" system and the
fee as exists today be utilized the
balance of the months, and that
Resolution No. 86 -33 adopted in the
foregoing be changed to reflect such
change.
Motion
x
Motion was made to ratify the foregoing
All Ayes
actions.
4. Letter dated March 18, 1986 from Newport
Parking/
Center Medical Plaza Association, was
Rpt Ctr
presented.
Kedical Plza
(63)
Council Member Heather advised that she
had met with Dr. Barbara Jessen, and
other doctors from Block 400, and the
Traffic Engineer to discuss the parking
problem at this location, and it was
•
suggested by the Traffic Engineer that
this item be referred back to him for
further review and recommendation.
Dr. Barbara Jessen, 1401 Avocado Avenue,
addressed the Council and stated that
they are planning a patient and
education center, as well as a major
diagnostic center which they expect will
attract patients from a wide area, and
will, therefore, impact their need for
adequate parking and easy access to the
facility.
Motion
x
Following discussion, motion was made to
All Ayes
refer this item to the Traffic Engineer,
Planning Staff, and Council Member
Heather for additional review and report
back at a future time.
5. ARTS COMMISSION VACANCY:
rte Cmsn
Council Member Agee stated that he did
not feel qualified to take action on
this item, inasmuch as he had not
received copies of the nominees`
•
applications in his agenda packet.
o.
Volume 40 - Page 156
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL9q �G 9Gp 9p� �9� c�F
�`r Fp p Fp April 28, 1986
IlIni3t WQ
Council Member Strauss commented that he
has known Carl Neisser for 30 to 35
years and that he is very active in the
•
Arts. He is also a competent
businessman and he feels he would make
an excellent. Arts Commissioner.
The method of voting was determined as
follows:
Green
Margaret A. Bauman was assigned the
green lights and
Red
x
x
x
x
x
x
Carl Neisser was assigned the red
Abstain
x
light.
Carl Neisser was appointed to fill the
unexpired term of Robert M. Allen ending
June 30, 1986.
6. Proposed ordinance to amend Chapter 5.16
Business
of the Newport Beach Municipal Code
License/
regarding "Going Out of Business Sales,t°
Going Out
together with report from City Attorney
of Business
dated March 4, 1986, were presented.
Sales
(27)
Motion
x
Motion was made to continue to May 12,
All Ayes
1986.
•
J. CURRENT BUSINESS:
1. Report from Public Works Department
SJHls Trnsp
recommending appointment of City
Crdr Jt/
Representative to SAN JOAQUIN HILLS
Pwrs Agcy
TRANSPORTATION CORRIDOR JOINT POWERS
AGENCY BOARD OF DIRECTORS, was
presented.
Motion
x
Motion was made to ratify Mayor's
All Ayes
appointment of Council Member Cox as the
City Representative and appointment of
Council Member Hart as Alternate.
2. Relocation of trailers in Marinapark
rinaoark
Mobile Home Park, with report from City
C -1546
Manager dated April 14, 1986, was
(38)
presented.
The City Manager summarized his report,
noting that currently there is an 8'
public walkway between the Marinapark
and the American Legion. During the
deliberations that resulted in a lease
extension for the residents of
Marinapark, considerable discussion was
•
given to widening of the walkway. To
widen the walkway it will be necessary
to relocate Trailer 12 -B approximately
5'. Therefore, a section was added to
Volume 40 - Page 157
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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F
April 28, 1986 L O
ROLL \d\Pp
..-WF Y
the lease document, as set forth in the
Karinapark
City Manager's report. If the trailer
is to be relocated, the recent estimate
is $20,000.
It was pointed out that in addition, the
lease for Lot 12 -D, which is the lot
immediately adjacent and south of Lot
12 -8 has a provision whereby if the City
relocates 12 -B, the City may be
obligated to also relocate mobilehome
12 -D.
Mr. Herb Williams, Member of the
Marinapark Ad Hoc Committee and resident
of Marinapark Mobile Home Park,
addressed the Council and stated it
would be the Committee's preference that
the trailers not be relocated.
Motion
x
Following discussion with respect to the
Ayes
x
x
advantages and disadvantages of moving
Noes
x
x
x
x
x
trailer 12 -B, and the cost involved,
motion was made to order the relocation
of trailer 12 -B and authorize preparation
of a budget amendment, which motion
FAILED.
No further action was taken.
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to approve funding for
ffshore
All Ayes
Council Member Hart and Mayor Pro Tem.
Dil Meeting/
Plummer to go to Washington, D.C., on
Washington
May 4 and 5, regarding Offshore 011
D.C.
drilling.
Motion
x
2. Motion was made to schedule public
/P 3194/
Ayes
x
.x
x
x
x
hearing for for May 12, 1986, for U/P
esub 824/
Noes
x
x
3194, Resubdivision No. 824, and
KGDFrmt#ll
Residential Coastal Development Permit
No. 11 on property at 307 Carnation
Avenue.
Meeting adjourned at 1 :00 a.m.
yor
ATTEST:
City Clerk
Volume 40 - Page 158
%W-E T