HomeMy WebLinkAbout05/27/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL tA� .p '1i y ti 9 REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL �j �� DATE: May 27, 1986
MINUTES
INDEX
Present
x
x
x
x
x
A. ROLL CALL. -
Absent
x
x
on
x
B. The reading of the Minutes of the
Ayes
Meeting of May 12, 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 public hearing Weed Abatm
regarding WEED ABATEMENT PROGRAM. Program
(41)
Report from the Fire Department dated
May 12, 1986, was presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from Byco, Inc., objecting to
weed abatement assessment at 3300 West
Coast Highway.
The City Manager advised that the Fire
Department had received five letters
requesting clarification of the proposed
assessment, and that the staff, prior to
.
ordering the work done, will contact the
parties, (including Byco, Inc.) to
resolve their concerns.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No. Res 86 -37
All Ayes
86 -37 ordering the Fire Chief to abate
weeds and other public nuisances
existing upon streets, alleys,
sidewalks, parkways and private property
within the City.
2. Mayor Maurer opened the public hearing Vacation/
regarding VACATION AND ABANDONMENT OF Vehicular
VEHICULAR ACCESS RIGHTS TO PARCEL 4 AS Access
SHOWN ON A MAP FILED IN BOOK 196, PAGES (90)
40, 41, 42, and 43 OF PARCEL MAPS IN THE
OFFICE OF THE ORANGE COUNTY RECORDER.
Report from Public Works was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
*on
x
Motion was made to adopt Resolution No. Res 86 -38.
All Ayes
86 -38 vacating and abandoning vehicular
access rights to the northerly side of
Birch Street between MacArthur Boulevard
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL May 27, 1986
MINUTES
IfinrY
and Von Karman Avenue adjacent to the
MacArthur Court Development; accepting a
map; and direct the City Clerk to have
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said resolution recorded.
E. PUBLIC COMMENTS:
None.
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 June 9, 1986:
(a) Proposed ORDINANCE NO. 86 -15, Ord 86 -15
being, Zoning
(94)
A14 ORDINANCE OF THE CITY OF
NEWPORT BEACH ADOPTING PLANNED
COMMUNITY DEVELOPMENT
STANDARDS AND A PLANNED
COMMUNITY DEVELOPMENT PLAN FOR
THE DEVELOPMENT OF THE POINT
DEL MAR PLANNED COMMUNITY
[PLANNING COMMISSION AMENDMENT PCA 634
NO. 6341. (Report from
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Planning Department)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -39 declaring the Vacation
City of Newport Beach's intention Res 86 -39
to vacate and abandon a portion of (90)
a 10 -foot easement for water
purposes as described in a deed to
the City of Newport Beach recorded
in Book 13602, Page 1043 of
Official Records, (Blocks 95 and 96
of Iry -Ine's Subdivision filed in
Book 1, Page 88 of Miscellaneous
Record Maps, southerly of Tract
6425 and northerly of Poppy Avenue)
records of the Orange County
Recorder; and setting the date of
June 23, 1986, for the public
hearing. (Report from Public Works
Department)
(b) Resolution No. 86 -40 requesting a De Anza
grant in the amount of $800,000 Marina Ctr/
from the Department of Boating and Pblc Boat
Waterways for the development of Launching
public boat launching facility at Res 86 -40
the De Anza Marina Center. (Report (51)
from Tidelands Affairs Committee)
Volume 40 - Page 181
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL\"P ROLL 9 �' May 27, 1986
MINUTES
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(c) Resolution No. 86 -41 authorizing Permit /4th
the closure of Seashore Drive, July Seashr
Balboa Boulevard and Newport Dr /St
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Boulevard during July 4th Holiday Closure
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period, pursuant to California Res 86 -41
Vehicle Code Sections 21100 and (65/70)
21101(e). (Report from the Police
Department w /resolution)
3. CONTRACTS /AGREEMENTS:
(a) Approve Agreement regarding Marina Prk
Transfer of Mobilehome Space #9 -A Mblhm tsfr
and compensation for services and Sp /l9 -A
costs; and authorize the Mayor and C -2576
City Clerk to execute said (38)
agreement.
(b) Approve Agreement regarding Marina Prk
Transfer of Mobilehome Space $11 -A Mblhm tsfr
and compensation for services and Spllll -A
costs; and authorize the Mayor and C -2577
City Clerk to execute said (38)
agreement.
(c) Authorize the Mayor and City Clerk CalTrans/
to execute a Local Agency /State Local Agcy
(CalTrans) Service Agreement to State Sery
furnish materials testing service Agrm
and source inspection for the C -2578
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Construction of Coast Highway from (38)
MacArthur Boulevard to Jamboree
Road. (Report from Public Works
Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Public Works Director for PW
information, letter from Corona del (74)
Mar Community Association opposing
street lights.
(b) To Pending Legislation and Legislation
Procedural Ethics Committee, letter (48)
from Corona del Mar Chamber of
Commerce in support of Proposition
51 "Deep Pockets" amendment.
(c) To Planning Department for report Planning
back, complaint from Robert Duff (68)
regarding Bubbles Club /Use Permit
No. 2045 (Amended) requesting
denial of amendments thereto.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� o S ti v
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MINUTES
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(d) To Parks, Beaches and Recreation PB &R
Director for response, suggestion (62)
from Lars de Jounge that a City
Ordinance be adopted that will
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prohibit any tobacco or alcohol
company from sponsoring sports
events in the City of Newport
Beach.
(e) To General Services Director for General Sery
response, letter from Jo Jahns and (44)
David Worley regarding alleged
health problem of public defecation
both in the front and rear of the
shopping center at Balboa Boulevard
and 32nd Street.
(f) To Marine Department for inclusion Marine Dpt
in the records, newspaper clipping (51)
and suggestions from Edward P.
Benson that the State contribute
towards lifeguard services, beach
use, and liability insurance, and
the City should raise parking fees
to cover maintenance costs.
(g) To Pending Legislation and Legislation
Procedural Ethics Committee, State (48)
of California Senate Majority
•
Leader Barry Keene urging support
for SB 2493, the "California
Library Construction and Renovation
Bond Act of L986."
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Stanley M.
Swiatek to the Register Newspaper
regarding "Liability exposures by
the City of Newport Beach."
(b) Minutes of Orange County Local
Agency Formation Commission of
April 2, 1986.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) George Botras Awad for property Awed
damage alleging rear portion of
property has subsided on April 16,
1986, treating a sizable hole in
the hillside at 15 Muir Beach
Circle„ believed to be caused by
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water tank, owned and operated by
the City.
Volume 40 - Page 183
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL d� o S ti v
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(b) The Griffith Company seeking Grif
indemnity from claim filed by Linda Comp
Sue and Jerry Murray resulting from Murr
traffic accident on July 16, 1986,
at West Coast Highway and Superior.
(c) Clyde W. Johnston alleging property John
damage, as a result of mud backed
up into toilet on April 22, 1986 at
311 N. Bay Front, due to break in
City's sewer line.
(d) Duane Trettin /USAA INSURANCE CO., Tret
for property damage, alleging that USAA
his vehicle was parked near new
restroom being spray - painted and
the vehicle was damaged by paint on
March 18, 1986 at Balboa Pier
Parking Lot.
(e) Application for leave to present
Late Claim: Eric Litscher alleging Lits
personal injuries as a result of
accident while on bicycle in the
bicycle lane in the 700 West Block
of Pacific Coast Highway on
December 21, 1985.
(f) Dale Parker alleging damage to Park
vehicle as a result of hitting
several large deep potholes in
street near Balboa Peninsula Point
Sign, due to construction in area
on February 1, 1986.
For rejection:
(g) Late Claim of Christina Barquist Barq .
alleging parking citation issued in
error during street slurry project
at 2nd Avenue between Poinsettia
and Poppy Avenues on January 15,
1986.
(h) Late Claim of Cherie A. Crane Gran
alleging parking citations issued
in error during construction on 1°B"
Street Parking Lot on November 11,'
1985.
7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) John F. Richardson and Donald W. Rich4
Degroat for Assault, Battery, Degn
Conspiracy, Negligence, Violation
of Civil Rights, Orange County.
Superior Court, Case No. 48- 32 -24.
Claim was denied by the City
Council on September 9, 1985.
Volume 40 - Page 184
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C
ROLL May 27, 1986
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8. REQUEST TO FILL PERSONNEL VACANCIES: (66)
(Report from the City Manager)
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(a) Approve one Tree Trimmer 1, Park
Division.
(b) Approve one Library Clerk II,
Corona del Mar Branch.
(c) Approve one Building Maintenance
Man I, Recreation Division.
(d) Approve one Refuse Leadworker,
Refuse Division.
9. STAFF AND COMMISSION REPORTS:
None.
10. PUBLIC HEARING SCHEDULING - For June 9,
1986:
(a) TENTATIVE MAP OF TRACT NO. 12209 TMpTr 12209
(REVISED) - A request of THE IRVINE (Revised)
COMPANY, Newport Beach, to
subdivide 6.63 acres of land into
43 numbered lots for detached
single- family development, one lot
for private street purposes, and
one lot for private open space and '
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landscaping purposes. The proposal
also includes an exception to the
Subdivision Code so as to allow
creation of lots which are less
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than fifty feet in width and less
than 5,000 sq. ft. in area.
Property located at 6000 MacArthur
Boulevard and East Coast Highway at
Fifth Avenue, in Corona del Mar;
AND
TRAFFIC STUDY - Request of THE Traffic
IRVINE COMPANY, Newport Beach to Study
approve a traffic study in
conjunction with 43 lots for
single - family development on the
subject site;
AND
RESUBDIVISION NO. 825 - Request of Resub 825
THE IRVINE COMPANY, Newport Beach, (84)
to consider a resubdivision of the
subject property so as to create
one parcel of land for conveyance
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purposes.
Volume 40 - Page 185
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\�AL AROLL Gtr 9 y�9 May 27, 1986
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(b) PRELIMINARY BUDGET /REVENUE SHARING Prelimnr,
Y
FOR FISCAL YEAR 1986 -87 - Pursuant Budget /Rev
to Section 1102 of the Newport Sharing
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Beach City Charter. FY'86 -87
11. COUNCIL TRAVEL AUTHORIZATION AND
EXPENSE Council
RECORD - Approve total expenses of Expense
$652.82 for Mayor Pro Tem Ruthelyn (33)
Plummer and total expenses of $621.78
for Council Member Hart while attending
Offshore Oil Drilling meeting in
Washington, D.C., from May 4 - 6, 1986.
12. NEWPORT OUTRIGGER CLUB - Uphold staff's Npt Outrgr
approval to allow the Newport Outrigger Club
Club to store and launch outrigger (51)
canoes on the public bay beach near the
street at 18th and West Bay. (Report
from Marine Department)
13. STORM DRAIN IMPROVEMENT PROGRAM (C -2546) Storm Urn
- Approve the plans and specifications; Imprvm Prgr
and authorize the City Clerk to C -2546
advertise for bids to be opened at 11 (38)
a.m. on June 13, 1986. (Report from
Public Works Department)
14. DISILTING BASIN MODIFICATION AND Big Canyon
CONTRACTOR'S STORAGE YARD AT BIG CANYON Reser /Dsltg
RESERVOIR (C -2553) - Approve the plans Basin
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and specifications; and authorize the Modificatn
City Clerk to advertise for bids to be C -2553
opened at 11 a.m. on June 12, 1986. (38)
(Report from Public Works Department)
15. ACCEPTANCE OF IMPROVEMENTS IN Resub 731
RESUBDIVISION NO. 731 - Accept the (84)
public improvements constructed in
conjunction with Resubdivision No. 731
(Parcels 3 and 4 of Parcel Map 114 -22 -25
[ Resubdivision No. 5701 generally
bounded by MacArthur Boulevard, Jamboree
Road, Birch Street and Von Karman
Avenue, within the Koll Center Planned
Community); and authorize the City Clerk
to release the Faithful Performance Bond
(#4688904) and Labor and Material Bond
04688904) in six months provided no
claims have been filed. (Report from
Public Works Department)
16. ACCEPTANCE OF NEWPORT PIER HANDRAIL AND Npt Pier
BALBOA ISLAND GROINS (C -2517) — Accept Handrl /BI
work; and authorize the City Clerk to Groins
file a Notice of Completion; and release C -2517
the bonds 35 days after Notice of (38)
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Completion has been recorded, provided
no claims have been filed. (Report from
Public Works Department)
Volume 40 -Page 186
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C s� g \5\p i 9 �GROLL'CAL Gas May 27, 1986
MINUTES
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17. APPLICATION OF CRAB COOKER - Uphold Permit/
staff's recommendation to approve the Crab Cooker
application. of the Crab Cooker for (65)
private communications conduit
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underneath 22nd Street, subject to
execution of a nonstandard improvement
agreement. (Report from Public Works
Department)
18. SPECIAL EVENTS PERMITS - Uphold staff's Permits/
recommendation, subject to conditions Spel Evnts
listed in the reports from Business (65)
License Supervisor for the following:
Recommending approval:
(a) Application #85 -561 - Parks, #85 -561
Beaches and Recreation /Chamber
of Commerce Scenic 5 K -Run on
June 7.
(b) Application #86 -020 - Police #86 -020
Olympics, Surf Contest on June
24 and 25.
(c) Application #86 -022 - Police #86 -022
Olympics, 30 K -Run on June 27.
(d) Application #86 -023 - Police #86 -023
Olympics, Scuba Event on June
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25.
(e) Application #86 -026 - Police #86 -026
Olympics, Triathlon on June
24.
(f) Application #86 -054 - Rusty #86 -054
Pelican Triathlon on November
4.
(g) Application #86 -133 - Removed
from the Consent Calendar.
(h) Application #86 -136 - Removed
from the Consent Calendar.
Recommending denial:
(i) Application #86 -104 - Chrysler #86 -104
Corporation KRLA Radio and
-.
Kawasaki Corp.,. beach event on
August 16 and 17.
(j) Application #86 -131 - Removed
from the Consent Calendar.
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(k) Application #86 -132 - Removed
from the Consent Calendar.
Volume 40 - Page 187
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\r-ALROLL May 27, 1986
MINUTES
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19. LEGAL PUBLICATIONS FOR FISCAL YEAR Advertisg/
1986 -87 - Instruction to the City Clerk Legal
to publish a Notice Inviting Bids to be FY'86 -87
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received at or before the hour of 4:00 (20)
p.m., on Friday, June 13, 1986, for a
contract covering the publishing and
printing of all legal notices, or other
material required to be published in a
newspaper of general circulation
published and circulated in the City of
Newport Beach, for Fiscal Year ending
June 30, 1987.
20. BUDGET AMENDMENTS - For approval: (25)
BA -086, $229,496.85 - Increase in
Revenue Estimates to provide for Federal
funds allocated under the Budget Act of
1985 to match SB300; State Gas Tax -
Section 2126 Fund.
BA -087, $1,140.00 - Transfer in Budget
Appropriations to provide for purchase
of safe for Chief of Police and purchase
of transcriber for secretary in
Traffic /Patrol; Police - Patrol Fund.
BA -088, $8,700.00 - Transfer in Budget
Appropriations to provide for repainting
lobby, corridor galleries, carpet lobby,
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provide electrical upgrade and provide
facility for sculpture display;
Non-departmental Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Reports from the Business License Permits/
Supervisor recommending approval of Spcl Evnts
applications of the Newport Harbor Art (65)
Museum for Fireworks on July 3, and 1186 -133
-
Pacific Club Fireworks on Wednesday, 1186 -136
June 4, were presented.
Council. Member Hart noted that the City
Council had just denied the fireworks
applications for the Newport Dunes and
Big Canyon in their approval of the
Consent Calendar, and.questioned whether
the subject applications should be
analyzed to determine if all fireworks
displays should be prohibited in the
City.
Council Member Hart pointed out the
problems cited by the Police Department
,as a result of the fireworks event held
•
at the Dunes last year, and the parking
problems which occurred on some of the
arterial highways surrounding Big
Canyon. She suggested that, due to these
considerations and the associated
Volume 40 - Page 188
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL ROLL.0
May 27, 1986
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liability, it might be beneficial for
Permits/
the Council. to consider banning
Spcl Evnts
fireworks altogether.
Charles Yates, representing Newport
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Dunes, addressed the Council in support
of their request to conduct a fireworks
display on July 4. He stated that they
have had fireworks at the Dunes since
1959. The problems last year were due
to traffic, and the pyrotechnician
arriving late, which delayed the show
approximately one hour. This year they
intend to provide security guards in
hopes of resolving the traffic concerns,
and to block certain lots at Jamboree,
Pacific Coast Highway and Back Bay
Drive. Their public address system was
not working last year, but has since
been repaired and telephones have been
installed in all the lifeguard stands.
They have contracted with a new company
for this year's display who has an
excellent reputation and would hope that
the City Council will reconsider their
action denying their request.
Daniel Wilcox, also representing Newport
Dunes, addressed the Council and
concurred in the remarks of Mr. Yates.
He stated he felt the event would run
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much smoother this year, inasmuch as
they will be providing their own
policing. Also, it is the only location
in Orange County open to the public for
this type of an event and, therefore,
should not be denied.
Motion
x
Due to the foregoing comments, motion
All Ayes
was made to reconsider the application
of Newport Dunes for a fireworks display
on July 4, 1986.
Motion
x
Council Member Hart reiterated her
concerns with regards to allowing
fireworks in the City because of the
liability factor involved, and
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therefore, motion was made to deny the
applications of Newport Harbor Art
Museum and Pacific Club Fireworks for
fireworks displays only.
Council Member Agee spoke in favor of
allowing fireworks noting that, to the
best of his knowledge, the City has
never had a lawsuit filed against it
resulting from fireworks. In addition,
it has been tradition for almost 30
years to allow fireworks at the Dunes,
Volume 40 - Page 189
CITY OF NEWPORT BEACH
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\CAL AMa 27, 1986
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and therefore, he would support their Permits/
request, with the condition they provide Spcl Evnts
the adequate liability coverage.
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Mayor Pro Tem Plummer spoke in favor of
the motion to deny the requests of the
Newport Harbor Art Museum and Pacific
Club Fireworks for fireworks displays,
commenting that this year's 4th of July
begins with a 3 -day week -end, which
indicates more drinking, more traffic,
and therefore, additional police
problems. She stated she felt the
Council should deny any requests for
fireworks until the traffic problem on
the Peninsula has been resolved.
Ayes
x
x
The motion on the floor to deny the
Noes
x
x
x
above two applications was voted on and
FAILED.
Motion
x
In view of the foregoing, motion was
Ayes
x
x
x
made to approve the above two
Noes
x
x
applications, subject to the conditions
as listed In the staff report, which
motion carried.
Motion
x
Due to the foregoing action, motion was
Ayes
x
x
x
x
made to reconsider the application of
x
Big Canyon for fireworks display on July
4.
Ken Wilkes, representing Newport Dunes,
addressed the Council and stated that
they were very surprised with the Police
Department's recommendation for denial.
He stated that they do not anticipate
problems this year, inasmuch as they are
better organized and are contracting
with a more reputable pyrotechnician.
He cited the improvements they have made
since last year's event, and stated he
felt their application should be
approved in. the best interest of the
community.
Council Member Hart expressed her
concerns again,, in allowing fireworks in
the City, asking the Council to remember
the times when the City allowed
fireworks on Balboa Pier, and the
related traffic problems it caused. She
stated that the Police Department have
very good reasons for recommending
denial of.the Newport Dunes and Big
Canyon requests, as enumerated in their
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report. In addition, the Police
Department provides as much extra
resources as possible in the West
Newport area over the 4th of July
holiday due to the extreme problems, and
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therefore, may not be able to adequately
assist in other traffic problems which
occur throughout the City during this
busy time. She highly recommended the
City Council deny the subject two requests.
on
x
Following discussion, motion was made to Npt Dunes/
Ayes
x
x
x
approve the application of Newport Dunes 1186 -131
Noes
x
x
(1186 -131) for fireworks display on July
4, 1986, subject to the conditions
listed in the staff report.
John Hudson., representing Big Canyon
Country Club, addressed the Council and
spoke in support of their request. He
stated this would be their 15th annual
event without incident, and that an
estimated 960 member - families would be
in attendance. The fireworks will be
displayed from their golf course, which
will be kept wet prior to the event to
avoid any fire problems. The company
furnishing the fireworks is providing a
$1 million property and product
liability coverage, while the Big Canyon
Country Club has a $10 million liability
coverage. There also has been no
pedestrian or vehicle damage in the area
on the 4th of July for the past five
Aon
x
years.
Motion was made to approve the Big Canyon
s
x
x
x
application (1186 -132) of Big Canyon Country Clb
Noes
x
x
Country Club for fireworks display. 1186 -132
J. CURRENT BUSINESS:
3. There being no objections, agenda item CATV /Bayou
J -3, report from the Executive Assistant (42)
to the City Manager concerning CATV
SERVICE TO BAYVIEW DEVELOPMENT, was
presented.
The City Manager summarized the staff
report, pointing out that the City
Council has never taken an official
action to award an exclusive or
nonexclusive franchise for the area
known as the Bayview Annexation, which
is being developed by the J.M. Peters
Company. It came to the City's
attention when construction began that
Community Cablevision Company and Group
W Cable Company maintain some rights to
serve the area, but the City has never
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determined whether one, or both
companies should serve the area and is
the reason this item is being considered
at this time.
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CITY OF NEWPORT BEACH
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The City Attorney advised that neither CATV /Bayou
cable television company had a franchise
granted by the City the date that
Bayview was annexed to the City of
Newport Beach, and neither company had
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commenced to install a system at the
date of annexation in the Bayview
territory. The ordinance regulating
CATV in the City states that unless
those conditions are satisfied, the City
Council determines who will serve the
newly annexed area. The City Council
has the option to grant one or more
franchise companies to serve that area.
Michael McDonald, General Manager of
Group W Cable Company for Newport Beach,
addressed the Council in support of
their request to serve the Bayview area.
He stated he felt that Community
Cablevision and Group W were both
reputable companies which serve the
community well; however, he does believe
there are other factors involved in this
issue which weigh heavily and should be
considered in the decision process. He
stated that prior to the Bayview
annexation, Group W had an existing
franchise with the County of Orange to
serve the specific Santa Ana Heights
area which included the Bayview area.
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He submitted a copy of the Ordinance
approved by the County together with a
map of the area, to the City Attorney.
He stated that they have and are now
servicing the Santa Ana Heights area and
are at the border of the Bayview area.
Mr. McDonald referenced Municipal Code
Section 5.44.173(c) regarding Effects of
Annexation, and stated that it is their
interpretation of the Code that Group W
should be allowed the franchise for the
Bayview area. In conclusion, he stated
he felt that Group W provides a better
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value for the money and serves the City
and local businesses better than
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Community Cablevision.
Discussion ensued, wherein it was
pointed out that the City Council also
has the option to let the developer,
J.M. Peters Company, make the
determination as to who will serve the
area.
Don McNutt, President, Community
Cablevision Company, addressed the
Council in favor of their request to
serve the Bayview area. He stated that
the J.M. Peters Company requested they
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design a system and extend their service CATV /Bayou
to their project. Believing their
rights under the County franchise would
carry over with the property to the
City, they agreed to serve the
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development and have invested $15,000 to
date on system construction. They also
understand the City's judgment, based on
the cable television ordinance, that
their County franchise rights terminated
upon annexation of the property and,
therefore, have made proper application
for a franchise to serve this area.
Mr. McNutt stated that they feel, from a
legal standpoint, Community Cablevision
has "every bit" the same rights as Group
W to provide service to the subject
area. He responded to statements made
in the staff report which indicated the
staff felt that Group W was more
deserving of the franchise than
Community Cablevision due to lower rates
and the franchise from the County to
serve the Santa Ana Heights area. He
stated that they feel Community
Cablevision is at least equally
deserving of a franchise to serve the
Bayview area.
®
Bob Trapp, representing J.M. Peters
Company, developer of the Bayview site,
addressed the Council and stated that
they would :Like a decision immediately
so that they can move ahead and pave the
streets. He also stated that their
preference would be that only one cable
company serve the area, and if the City
Council does not wish to make that
decision, they will make the selection.
It was noted that this item required a
public hearing pursuant to the City's
CATV Ordinance, which is recommended for
June 9, 1986.
Motion
x
Following comments by Council Member Res 86 -42
Ayes
x
x
x
x
Cox, motion was made to adopt Resolution
Noes
x
No. 86 -42 declaring the City Council's
i
intention to consider the application of
Community Cablevision to extend their
{
franchise area within the City; and
adopt Resolution No. 86 -43 declaring the Res 86 -43
City Council's intention to consider the
application of GROUP W to extend their
franchise area within the City. In
•
addition, that a public hearing be
scheduled for June 9, 1986, and that the
developer for the Bayview site make the
determination as to which cable company
will serve that area.
Volume 40 - Page 193
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
4n 9
f b `G?i 9G9 99� c�F
ROLL CAL y�9 May 27, 1986
MINUTES
If lk 191 *I
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 86 -14, being,
Ord 86 -14
Bus L1c
AN ORDINANCE OF THE CITY OF NEWPORT
(27)
®
BEACH AMENDING SECTION 5.16 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO GOING OUT OF BUSINESS
SALES,
was presented for second reading with
report dated May 6, 1986 from the City
Attorney.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
86 -14.
I. CONTINUED BUSINESS:
1. Report from the City Manager regarding
Restroom/
QUALITY OF LIFE RECOMMENDATIONS FOR
Management
MANAGEMENT OF RESTROOMS, was presented.
(24/35)
With respect to the recommendation to
Balboa
lock certain restrooms at night, Council
Pier
Member Hart suggested that only a
portion of the Balboa Pier restroom be
locked due to the number of fishermen
who use the facility at night. She also
felt that the new dressing rooms should
•
be locked permanently, inasmuch as they
are not being used as intended.
Council Member Agee stated that he
agreed with Council Member Hart to leave
a portion of the Balboa restroom open.
However, he was not supportive of
continuing the "Unisex" type of restroom
in future restrooms because of the
problems it has already caused. He
would also hope that when the
"porcelain" fixtures are replaced in the
Balboa restroom, they be replaced with
fixtures made of stainless steel.
Motion
x
I
Following discussion, motion was made to
All Ayes
approve the City Manager's
recommendations as enumerated in the
subject report, with the exception that
only a portion of the Balboa Pier
restroom be closed at night, and that
the new dressing rooms be locked
permanently.
2. Verbal report from Council Member Hart
Parking/
concerning report from Public Works
Mariners
•
Department dated April 14, 1986 -
Mile
MARINERS MILE PARKING LOT (JOSH SLOCUM'S
(63)
RESTAURANT), was presented.
Volume 40 - Page 194
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALS� -O 1i
9 CG3 9G9 G � � ROLL �r F� May 27, 1986
MINUTES
T9 TWA
Council Member Hart stated that on April
Parking/
14, 1986, the owner of Josh Slocum's
Mariners
Restaurant, Joe Minney, requested the
Mile
City Council enter into an offsite
parking agreement to allow in -lieu
parking of 26 spaces that he would need
for his restaurant. Action on this item
was deferred to tonight's meeting to
give Mr. Minney an opportunity to meet
with her and other members of the
Mariners Mile business community. She
stated that: there is a shortage of
parking in the area and the business
community would like to have more
parking made available to the public.
The Mariners Mile business community
would also like to have a cost
established that would provide for
businesses who would then pay for their
needed parking, and would like the City
staff to work with them regarding this
cost of replacement parking.
Motion
x
In view of the foregoing comments,
Council Member Hart moved to direct the
staff to take whatever steps are
necessary to bring back a report on July
14, 1986, regarding the feasibility of
allowing for a fee, additional parking
in the Mariners Mile area, and to work
with Mr. Minney regarding his need of 26
•
parking spaces, and also his desire to
change his hours of operation in order
that he may be open during lunch.
In response to the above motion, the
Planning Director pointed out that
pursuant to the Zoning Code, Mr. Minney
would have to amend his Use Permit if he
wishes to be open during lunch, and any
offsite parking agreement does require a
recommendation from the Planning
Commission.
The City Manager advised that when the
City -owned lots were acquired and
constructed in the Mariners Mile area,
there was discussion as to the
possibility of "double- decking" the
lots; however, the idea was rejected
because of the complexities of
double- decking verses the simplicity of
surface parking, etc. He felt that if
the subject: motion passes, he would
recommend that the staff determine the
•
cost of double- decking by way of an
assessment district, and have this
information as part of the report for
July 14.
Volume! 40 - Page 195
CITY OF NEWPORT BEACH
COUNCIL. MEMBERS
\CAL '< ROLL GaS. 9G.P q9T � c�F
May 27, 1986
MINUTES
1rrr.1nn
Mayor Pro Tem Plummer suggested that the
Parking/
staff also look into the possibility of
Mariners
purchasing additional property in the
Mile
Mariners Mile area, as an alternative to
®
double- decking the existing lots which
would be more conveniently located to
the businesses in the area. She felt
that long -term parking needs for this
area are going to have to be met,
inasmuch as the City will lose over 200
onstreet parking spaces when Pacific
Coast Highway is widened.
Mr. Joseph Minney, owner of Josh
Slocum's Restaurant, addressed the
Council regarding the need for
additional parking for his restaurant.
He stated that, "I need help and I am
willing to pay for it."
Hank Hill, owner of property in Mariners
Mile, addressed the Council in support
of the recommendation to develop some
type of parking plan for the Mariners
Mile area. He stated that he would not
be opposed to constructing a four -deck
parking structure, but that it would
have to be a plan which has "perimeters
a businessman can live with." He stated
that Mariners Mile is a very viable
.
destination area, which has serious
parking problems that need to be
addressed.
Vin Jorgensen, owner of property in
Mariners Mile, addressed the Council and
stated that he felt the City has an
obligation to provide parking in the
area due to the number of new buildings
which will not meet the need. He stated
that the City reaps great benefits from
the businesses in the Mariners Mile area
in terms of sales tax, and therefore,
the City should protect those
businesses.. However, he would not be in
favor of constructing a double -deck
parking structure on his property,
inasmuch as he has ample parking for his
needs.
All Ayes
Following discussion, the motion was
voted on and carried.
3. BICYCLE TRAILS CITIZENS ADVISORY
BT /CAC
COMMITTEE:
*on
x
Motion was made to defer to June 9,
Ayes
1986, (District 4) Council Member
Heather's appointment to fill the
unexpired team of Thomas M. Fish, ending
December 31, 1986.
Volume 40 - Page 196
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
ROLL Gds � May 27, 1986
MINUTES
INDEX
J. CURRENT BUSINESS:
1. Report from the Planning Department
Canry Vlg/
regarding 1:MPLEMENTATION OF PUBLIC
Pblc Imprvm
IMPROVEMENTS IN CANNERY VILLAGE /MCFADDEN
(68)
®
SQUARE SPECIFIC PLAN AREA, was
presented.
It was noted that the City Council, at
its meeting of April 28, 1986, approved
the Cannery Village /McFadden Square
Specific Area Plan. Included within the
Specific Area Plan was a public
improvement component describing the
various projects, with an implementation
schedule based upon their priority. The
recommendation before the City Council
at this time is to direct staff to
solicit proposals from qualified
consultants for the implementation of
said public improvements.
Discussion ensued, wherein Council
Member Hart suggested the needs of the
Dory Fishermen be addressed at a future
study session, to which there were no
objections.
Motion
x
Following consideration of the Request
All Ayes
for Proposal, motion was made to direct
staff to solicit proposals from
•
qualified consultants for the
implementation of the public improvement
projects in Cannery Village /McFadden
Square Specific Plan Area.
2. NOMINATIONS TO BOARDS AND COMMISSIONS
Bds /Cmsn
FROM APPOINTMENTS COMMITTEE (for
appointment on June 9, 1986).
Motion
x
Council Member Hart, Chairman of the
Council Ad Hoc Appointments Committee,
moved to approve the following
recommended nominations:
BOARD OF LIBRARY TRUSTEES
Jean Kiger and Phyllis Drayton
CITY ARTS COMMISSION
Carl Neisser - (no other
nomination presented, inasmuch as
Mr. Ne,isser was just appointed on
April 28, 1986)
•
Volume 40 - Page 197
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL s 9
All Ayes
0 A on
Ayes
MINUTES
n
F
\ May 27, 1986
Circulatn
Element/
NB /GenPln
CIVIL SERVICE BOARD
(Council Nominee)
Paula Godfrey and Albert Graham
PARKS, BEACHES AND RECREATION
COMMISSION
John Konwiser and Raymond Melissa
Taylor Grant and Virginia Herberts
PLANNING COMMISSION
Harry Merrill and James Warren
Council Member Agee requested that the
name of Gary Pomeroy be added to the
list of nominees for the Planning
Commission, to which there were no
objections.
The motion, as amended, was voted on and
carried.
3. (Agenda item J -3 moved ahead to page
191)
K. ADDITIONAL :BUSINESS:
x
1. Motion was made to direct staff to
initiate an amendment to the Circulation
Element of the Newport Beach General
Plan so as to redesignate MacArthur
Boulevard northerly of Ford Road.
Meeting adjourns(] at 9:35 p.m.
Mayor
ATTEST:
City Clerk
PC)
c111�of.k.
Volume 40 - Page 198
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