HomeMy WebLinkAbout08/25/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
nO REGULAR COUNCIL MEETING
f 9 �G �G 9pA �9J c�F PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL CAL s �g� 9 �9 DATE: August 25, 1986
MINUTES
Irn.T31
Permaplaqued Certificates of Appreciation
were presented to former Planning
Commissioner Dave Goff, and former Civil
Service Board Member Otto Schroeder.
.ant
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the
All Ayes
Special Meeting of August 7, and the
Regular Meeting of August 11, 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
PCA 636
regarding PLANNING COMMISSION AMENDMENT
(94)
NO. 636, a request of the GFELLER
DEVELOPMENT CO., INC., Tustin, to amend
the Planned Community Development
Standards for the CORONA DEL MAR HOMES
PLANNED C0MMUNITY (SUMMER WIND) so as to
allow individual property owners to use
the side yard of an adjoining lot for
parking purposes, landscaping, and
the construction of pools, and spas.
Property bounded by Carnation Avenue,
Fourth Avenue, Dahlia Avenue and Second
Avenue, in Corona del Mar; zoned P -C.
Report from the Planning Department was
presented.
Philip Bettencourt, 242 W. Main Street,
Tustin, representing the applicant,
addressed the Council and stated that
they concur with the staff analysis and
the text that is being recommended to
the Council by the Planning Commission.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
All Ayes
86 -68, amending the Corona del Mar Homes
Planned Commnunity (Summer Wind)
Development Standards as recommended by
the Planning Commission.
2. Mayor Maurer opened the public hearing
/P 3213
and City Council review of:
(88)
USE PERMIT NO. 3213 - Request of THE
HILL PARTNERSHIP, INC., Newport Beach,
to permit the construction of a 35 unit
bed and breakfast facility which will
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include the service of a continental
U/P 3213
breakfast and alcoholic beverages to
hotel guests. The proposed development
is located on property in the
"Recreational and Marine Commercial"
•
area of the Cannery Village /McFadden
Square Specific Plan Area and exceeds
the 26 foot basic height in the 26/35
Height Limitation District. The
proposal also includes a request to use
two adjacent lots, located in the R -2
District, for a portion of the required
offstreet parking and a trash enclosure;
modification to the Zoning Code so as to
allow the use of compact parking spaces
for a portion of the required offstreet
parking spaces; and the acceptance of an
Environmental Document; and
TRAFFIC STUDY - Request of THE HILL
Traffic
PARTNERSHIP, INC., Newport Beach, to
Study
approve a traffic study in conjunction
with the construction of a 35 unit bed
and breakfast facility on property
located in the Cannery Village /McFadden
Square Specific Plan Area; and
RESUBDIVISIUN N0. 832 - Request of THE
Resub 832
HILL PARTNERSHIP, INC., Newport Beach,
(84)
to resubdivide the subject property,
•
where four parcels presently exist, into
a single building site in conjunction
with the construction of a 35 unit bed
and breakfast facility.
Report from the Planning Department was
presented.
Council Member Strauss stated that he
had requested this item be scheduled for
review by the Council, inasmuch as he
was concerned with the proposed height
limit, and he also did not want the
project to set a precedent in the
Cannery Village area.
In response to Council inquiry, the
Planning Director stated that the
applicant is requesting to exceed the
height limit and is attempting to meet
the criteria set forth in the Municipal
Code to do this under a use permit
procedure. Section 20.63.045, H of the
Cannery Vi'.11age /McFadden Square Specific
Plan establishes a basic height limit of
26 feet for the subject property.
.
However, this height limit may be
exceeded up to a maximum of 35 feet,
subject to the securing of a use permit
in each case and provided further that
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the Planning Commission, in granting
U/P 3213/
said use permit, finds that all of the
Resub 832
following criteria is met:
1) The development will provide
•
for both public and physical
and visual access to the bay
within the limits that public
safety is ensured and private
Property protected.
2) The increased building height
would result in more public
visual open space and views
than would result from
compliance with the basic
height limit. Particular
attention shall be given to
the location and orientation
of the structure on the lot,
the percentage of ground
coverage, and the treatment of
all setback and open areas.
3) The increased building height
would result in a more
desirable architectural
treatment of the building and
a stronger and more appealing
visual character of the area
within the general theme of a
marine environment.
4) The increased building height
would not result in
undesirable or abrupt scale
:relationships being created
between the structure and
existing developments or
public spaces. Particular
attention shall be given to
the total bulk of the
structure including both
horizontal and vertical
dimensions.
5) The increase in height shall
not result in floor area
exceeding the floor area
otherwise permitted.
Paul Balalis, 1129 E. Balboa Boulevard,
addressed the Council and stated that he
was one of the owners for the proposed
project. He introduced Larry Frapwell
•
of The Hill Partnership, applicant, who
described the site plan and model on
display and answered questions of the
Council.
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George A. Matulich, 210 21st Street,
U/P 3213/
addressed the Council in opposition to
Resub 832
the proposed project. He stated he did
not feel the Traffic Study was relevant
and therefore, the findings not
•
conclusive. He stated the Traffic Study
was conducted in the Winter of 1985, and
not in the Summer, and that the data
that was acquired for the study was not
acquired at the proper time or place.
He stated that there is not any
documentation in the study to reflect
that traffic counts were conducted on
20th Street or the number of vehicles
that enter or exit from 20th Street. He
felt the project would generate traffic,
and he was also opposed to the left turn
lane proposed at Balboa Boulevard and
20th Street.
Mr. Matulich submitted a petition with
over eighty (80) signatures of permanent
residents in the area in opposition to
the proposed development. He referenced
thirteen (13) letters, also in
opposition to the project, but they were
not submitted for the record.
The Planning.Director, in response to
comments made by Mr. Matulich, stated
that traffic studies are conducted when
•
an application for development is
submitted and that they try to rely on
the most recent data that they have on
file, and then attempt to gather
additional data from that point. With
regard to the parking requirements for a
hotel, the Code requires one parking
space for each guest room, and in this
particular application, they are
providing six parking spaces over the
amount required. The Planning
Commission has requested the applicant
redesign the parking stalls from 8'k feet
to 9 feet, which could mean the loss of
one or more parking spaces.
The following persons also addressed the
Council in. opposition to the proposed
development:
Frances Matulich, 210 21st Street
(submitted letter in opposition
from Robert M. Fitch, 216'h 20th
Street)
Julia Smith, 225 20th Street
•
(submitted prepared statement)
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Joanne Rawson, 220 20th Street
U/P 3213/
(read letters from Chuck
Resub 832
Holl.enbeek, 218 20th Street, and
Anthony Lear, 1819 Bay Avenue, in
opposition)
•
Julie Walker, 209 "B" 20th Street
(read letters from Harry Dolvey,
1807 W. Bay Avenue and Leanne
Harper, 233 19th Street, in
opposition)
Karen Philippsen, General Manager
of the Balboa Inn
Bob Roubian, 213 20th Street, addressed
the Council and suggested the proposed
plan be modified because of its
magnitude. He stated that the project
will double the present occupancy of the
entire street and that when the street
is fully developed, traffic and
congestion will be a burden.
Charles P. Pigneri, 1131 E. Balboa
Boulevard, co -owner of the proposed
project, addressed the Council and
stated that when he operated the boat
yard on the subject property, he
received numerous complaints from
neighbors regarding parking, traffic,
noise, boats, paint odor, etc., and that
there were many problems associated with
•
the boat yard. He felt the proposed
bed and breakfast development would be a
definite asset to the area and that the
residents will be very pleased once it's
constructed. With regard to the
proposed left turn lane on 20th Street,
he felt it was very needed and would be
of great benefit.
Following discussion, and hearing no
others wishing to address the Council,
the public hearing was closed.
Motion
x
Motion was made to sustain the decision
Ayes
x
x
x
x
x
x
of the Planning Commission.
Noes
x
Council Member Strauss indicated he
voted against the project due to its
size.
3. Mayor Maurer opened the public hearing
Santa Ana
regarding application of SANTA ANA
Towing /PD
TOWING, 665 South Santa Fe Street, Santa
(70)
Ana, CA 92705, for Certificate of Public
•
Convenience and Necessity.
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Report from the Business License
Supervisor was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
on
x
Motion was made to grant the request for
All Ayes
the subject certificate.
4. Mayor Maurer opened the public hearing
West Coast
regarding application of HOSSEIN NABATI,
Yellow Cab/
DBA WEST COAST YELLOW CAB COMPANY, 1236
Taxi
West Fifth Street, Santa Ana, CA 92703,
(86)
for Certificate of Public Convenience
and Necessity.
Report from Business License Supervisor
was presented.
The City Clerk advised that after the
agenda was printed, a letter was
received from Norman G. Juggert,
representing Coast Yellow Cab
Cooperative, Inc., regarding the subject
application.
The City Manager advised that the
application has been determined to be
incomplete and, therefore, recommended
this hearing be continued for thirty
days.
ion
x
Hearing no one wishing to address the
All Ayes
Council, motion was made to continue the
public hearing to September 22, 1986.
E. PUBLIC COMMENTS:
1. Jo Jahns, 218 20th Street, addressed the
Parking/
Council and submitted a petition with
20th St,
twenty -four (24) signatures requesting
(85)
consideration of the parking problem on
20th Street. She stated that their
street is a dead -end, ending at the bay,
and that out of necessity, they have to
park their second car in front of their
garages. This has posed no problem
until the recent onslaught of parking
tickets they have been receiving. She
stated that everyone on the street is in
the same situation, and suggested the
City provide parking stickers for the .
affected homeowners.
2. Charles Motts, 1915 Court Street,
Oceanfront/
addressed the Council regarding the
Streetst
•
condition of Court Street at Oceanfront.
Alleys
The Director of Public Works stated that
at the subject location, there has been
a great.deal of work done "under" the
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surface, such as waterline replacements,
sewer repairs, and a storm drain
improvement project on 20th Street,
which alleviated some flooding problems
in the area. He stated that Mr. Motts
is correct in that many of the streets
•
and alley surfaces in his area have not
had attention for some time.
Mr. Motts also stated that many of the
businesses in the area near McFadden
Square are not keeping their trash
picked up and the "filth" is getting
worse, and asked if these businesses
could be cited. He also suggested that
a traffic signal be placed at either
19th or 20th Street in order that the
residents can cross the boulevard.
There being no objections, the staff was
directed to investigate the above
concerns and report back.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on September 8, 1986:
(a) Proposed ORDINANCE NO. 86 -25,
Ord 86 -25
•
being,
Fire Dept
(41)
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING CHAPTER 2.12.050 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE FIRE DEPARTMENT.
(Report from Fire Department)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -69 supporting the
National
creation of a National Oceanic Park
Oceanic Prk,
between the Orange County Coastline
0 /C- Catalin+
and Catalina Island.
Res 86 -69
(62)
(b) Resolution No. 86 -70 directing the
City Attorney to prepare an
Election'86
impartial analysis of Charter
Charter Amn
Amendment Measure regarding Public
Res 86 -70
Works Contracting Procedures.
(39)
(Report from Public Works Director)
(c) Removed from the Consent Calendar.
3. CONTRACTS /AGREEMENTS:
•
(a) Authorize the City Manager to enter
PCH Cnstr
into two agreements retaining
fm McArthur
Gregory L. Deist and Albert M.
B1- Jamboree
Binsf:ield as temporary part -time
C- 2601(A &B)
(38)
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COUNCIL MEMBERS
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employees to provide construction
management and engineering services
for the construction of Coast
Highway from MacArthur Boulevard to
Jamboree Road to widen Coast
Highway. (Report from Public Works
•
Department)
(b) Authorize the Mayor and City Clerk
Balboa B1
to execute a right -of -way
Widening fm
certification for the Balboa
32nd -44th
Boulevard Widening Project from
C -2568
32nd Street to 44th Street.
(38)
(Report from Public Works
Department)
(c) Approve Brian Aveney, Automation
Library
Consultant, of The Information
Automation/
Works, to be retained to assist the
Brian Aven-
Library staff and Board of Library
ey
Trustees in the Planning and
C -2611
Implementation of Library
(38)
Automation. (Report from Board of
Library Trustees)
4. COMMUNICATIONS - For referral as
indicated:
(a) To staff for reply, letter from
PW
Michelle Homme requesting City
(74)
cement: street areas in need of
•
repair on Balboa.
(b) To Police Department for reply,
PD
letter from Ted Rahn regarding
(70)
ticket he received for parking a
detached trailer on Balboa Island
on Diamond Street.
(c) To Bicycle Trails Citizens Advisory
BT /CAC
Committee for reply, letter from
(24)
Central Newport Beach Community
Association requesting removal of
the oceanfront walk from the
Bicycle Trails Map of Orange
County.
(d) To Traffic Engineer for response,
Traffic
letter signed by petitioners to
(85)
lift the alleged unfair burden on
yearly pass holders who use the
municipal parking lot at the Balboa
Pier under the present definition
of the City's "Overnight Parking"
regulations.
(e) To Police Department for response,
PD
•
letter from Richard Japs regarding
(70)
traffic citation he received as a
result of parking in front of the
garage at his summer rental while
loading /unloading items.
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5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange: County Local Agency
Formation Commission Minutes of
•
July 9, 1986.
(b) Orange County Division, League of
California Cities Minutes of June
19, 1986.
(c) California State Water Resources
Control Board, Notice of Public
Meeting to consider approved list
of Solid Waste Disposal Sites for
Solid Waste Assessment Tests, Water
Code Section 13273 (Calderon)
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Peter J. Carolan alleging false
Carolan
accusations, mental anguish, etc.,
by Newport Beach Police Officer at
Harbor Municipal Court on April 29,
1986.
(b) The Community Betterment Service
Community
for Judge Thomas C. Yager alleging
Betterment/
damage to railings, supports and
Yager
•
steps of dock due to dredging of
Grand Canal by Charles J. Rounds
Co. at 321 Grand Canal on May 13,
1986.
(c) Margaret M. Davies alleging
Davies
personal injuries as a result of
being hit by City vehicle at
Newport Boulevard and 32nd Street
on July 17, 1986.
(d) William D. Evans alleging damage to
Evans
vehicle driven by his wife as a
result of being hit by City truck
in the vicinity of the alley at 300
Block of Amethyst, Balboa Island on
August 6, 1986.
(e) Steve and Ruth Frank alleging City
Frank
water shut off in error, thereby
causing loss and damage to newly
planted landscaping, etc., at 4639
Gorham Drive, Corona del Mar, on
May 19, 1986.
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Volume 40 - Page 359
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COUNCIL MEMBERS
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(f) Charles W. Kirschenbaum seeking
Kirschenbaum
reimbursement of loss of two day's
wages as a result of having to
appear in Harbor Municipal Court
pertaining to ticket he received on
•
June 13, 1986.
(g) Virginia Ann Nicholas alleging
Nicholas
personal injuries as a result of
being hit head -on by another
vehicle being pursued by Newport
Beach Police Department at vicinity
of Culver Drive and Warner Avenue
in City of Irvine on May 2, 1986.
(h) Dorothy A. Nieto alleging personal
Nieto
injuries as a result of being
struck on bicycle at Pacific Coast
Highway and Orange Avenue on May
29, 1986, contending traffic signal
did not remain green long enough
for her to get across the highway.
(i) Shirley Packard alleging ankle
Packard
injury as a result of fall at Grand
Canal, Balboa Island on July 4,
1986.
(j) R. W. Zondler alleging damage to
Zondler
side of house facing alley at 319
Fernando, Balboa, as a result of
•
water main replacement (Contract
No. 2504).
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Raymond Gould, First Amended
Gould
Complaint for Deprivation of Civil
Rights and Demand for Jury, United
States District Court, Case No.
86- 4552 -TJH (Bx).
(b) SPON Writ of Mandate and Complaint
SPON
for Injunctive Relief, and Notice
to Prepare Record of Proceedings,
Superior Court Case No. 49 -80 -80
regarding the City's decision to
certify the EIR for GPA 85 -1(B).
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve One Laborer, General
Services Department.
Volume 40 - Page 360
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9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Letter from Business License
Business
Supervisor in reply to inquiry from
License
•
Ned McCune regarding Special Events
(27)
scheduling and the resultant
parking problems in the City.
(b) Report from Utilities Director
Utilities
regarding ABANDONED OIL WELL AT
(89)
35TH STREET AND MARCUS AVENUE.
(c) Report: from Business License
Business
Supervisor regarding Appeal of
License
Business License Penalty by Robert
(27)
Carrut:h.
(d) Report from Police Department
PD
concerning Audit Recommendations
(70)
Nos. 28 -A through 28 -F.
10. PUBLIC HEARING SCHEDULING - September 8,
1986:
(a) Appeal. of BLAKE PROPERTIES II,
U/P 3216/
INC., AND POINT PROPERTIES I, INC.,
Resub 745
regarding application by William
(88/84)
Feldner for USE PERMIT NO. 3216 on
property located at 311 Carnation
Avenue, conditionally approved by
•
the Planning Commission on July 24,
1986; and RESUB NO. 745(EXTENSION).
11. CITY COUNCIL TRAVEL AUTHORIZATION AND
Council
EXPENSE RECORD - Approve expense record
Expense
of Ruthelyn Plummer in the amount of
(33)
$354.93 while attending the League of
Cities Conference in Monterey from July
23 to 25, 1986.
12. STREET LIGHT CONVERSION, AIRPORT AREA
Airport /St
(C -2521) - Accept the work; and
Light Cnvrsi
authorize the City Clerk to file a
C -2521
Notice of Completion and Release the
(38)
Bonds 35 days after recordation in
accordance with applicable sections of
the Civil Code. (Report from Public
Works Department)
13. INSTALLATION OF TRAFFIC SIGNALS AND
Jambre Rd/
SAFETY LIGHTING AT THE INTERSECTIONS OF
Is Lagoon Di
JAMBOREE ROAD AT ISLAND LAGOON DRIVE
Trfc Signal
(NEWPORT INN) AND NEWPORT CENTER DRIVE
C -2536
AT SANTA CRUZ DRIVE (C -2536) - Accept
(38)
the work; and authorize the City Clerk
to file a Notice of Completion and
•
Release the Bonds 35 days after
recordation in accordance with
applicable sections of the Civil Code.
(Report from Public Works Department)
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14. SEASHORE DRIVE STREET IMPROVEMENT
Seashore Dr
BETWEEN 33RD STREET AND 56TH
Impvms/
STREET(C -2538) - Approve the plans and
33rd -56 Sts
specifications; and authorize the City
C -2538
Clerk to advertise for bids to be opened
(38)
•
at 11 a.m. on September 12, 1986.
(Report from Public Works Department)
15. ENCROACHMENT PERMIT - Approve issuance
Permit/
of encroachment permit for Samuel
Encroachment
Lindsey at 211 Evening Canyon Road to
(65)
construct retaining walls and stairs
within a City sewer easement crossing
through the middle of 211 Evening Canyon
Road (Lot 1.24 of Tract 1116); and
authorize the Mayor and City Clerk to
execute agreement for construction of
nonstandard improvements and have
subject agreement recorded. (Report
from Public Works Department)
16. RESUBDIVISION NO. 801 - Accept the
Resub 801
improvements in Resubdivision No. 801
(84)
(Lot 1, Block 537, Corona del Mar Tract,
located at 501 and 501' Larkspur Avenue,
on the northwesterly corner of Larkspur
Avenue and Second Avenue in Corona del
Mar); and authorize the City Clerk to
release the Faithful Performance Bond
(No. 910290 S) and the Labor and
Material Bond (No. 910290 S) in six
•
months provided no claims have been
filed. (Report from Public Works
Department)
17. Removed from the Consent Calendar.
18. SPECIAL EVENTS PERMITS - Uphold staff's
Permits/
recommendations of approval, subject to
Special
conditions listed in the reports from
Events
Business License Supervisor for the
(65)
following:
(a) Application No. 86 -167 -
Removed from the Consent
Calendar.
(b) Application No. 86 -179 -
1186 -179
Street closure for Balboa
Peninsula Point Association at
"L" Street Park on September
13, 1986.
(c) Application No. 86 -200 - Use
1186 -200
of public beach for Miller's
Outpost at Corona del Mar Main
Beach on August 27, 1986.
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19. BUDGET AMENDMENTS - For approval:
(25)
BA -006 - $262,040 Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for three projects
•
anticipated being awarded on June 23,
1986, but were held over to 1986 -87 and
one inadvertently omitted during the
budget process for carry - overs; General
Fund.
BA -007 - $1,115 Increase in Budget
Appropriations to purchase cypher lock
and safe for narcotics office (Funds are
provided from the Federal Adopted
Forfeiture Fund); General Fund.
BA -008 - $2,800 Transfer in Budget
Appropriations for installation of air
conditioning unit for Corporation Yard;
General Services -Field Maintenance Fund.
BA -009 - $3,250 Transfer in Budget
Appropriations for purchase of two
filing cabinets to store microfiche in
jackets; Building Fund.
BA -010 - $800 Transfer in Budget
Appropriations to purchase two safes
(one for Corona del Mar Parking Booth
and one fox- Marine Department
•
Headquarters); Marine Department Fund.
BA -011 - $2,500 Increase in Budget
Appropriations to provide for
enhancements of the existing narcotics
information system; General Fund.
BA -012 - $1,750 Transfer in Budget
Appropriations to provide for repair of
fence located on Pacific Coast Highway;
General Services -Field Maintenance Fund.
BA -013 - $1.00,000 Decrease in
Unappropriated Surplus and Transfer in
Budget Appropriations to provide for
consultants for the implementation of
public improvements (priorities I and
II) for Cannery Village /McFadden Square
and establishment of assessment
districts; General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Business License
Permit/
Supervisor regarding street closure for
Special
•
Dimo Cycling at Back Bay Drive on
Events
September 21, 1986, was presented.
(65)
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Motion
x
Council Member Agee indicated he felt
#86 -167
All Ayes
that keeping Back Bay Drive closed from
Dimo Cyclg
7 a.m. to 5 p.m. on a "weekend" day, was
too long a period of time, and an
inconvenience to the people who use the
•
area, and therefore, moved to deny
Application No. 86 -167 for street
closure.
2. Proposed resolution prohibiting
Skateboards/
skateboarding on certain City streets
Vehicles S
was presented with report from the
Traffic
Traffic Engineer.
(85)
Motion
x
Motion was made to adopt Resolution No.
Res 86 -71
86 -71 prohibiting skateboarding on
various sidewalks and streets in the
vicinity of` the Balboa business area,
and that staff also be directed to
prepare a similar resolution for the
Newport Pier area for consideration on
September 8, 1986. In addition, that
the Parks, Beaches and Recreation
Commission be requested to investigate
the feasibility of a site for a
skateboard facility and report back.
John Shea, 2214 W. Oceanfront, addressed
the Council and stated that the side of
his house is so badly "dinged up" due to
skateboarders that he will not repair it
•
again until some action is taken by the
City Council.
All Ayes
The motion was voted on and carried.
3. Report from Public Works Department
Permit/
recommending denial for construction of
Encroachmeni
a fence and gate across public
(65)
right -of -way between #1 Canal Circle and
447 Canal ; street, was presented.
Motion
x
Following comments by Council Member
All Ayes
Plummer, motion was made to defer action
on this item to October 27, 1986, at
which time the staff is to report back
on alternatives for the public
right -of -way.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
•
1. Report from Public Works Department,
dated August 11, 1986, regarding BEACH
PW /Beach
Restroom
RESTROOM REPLACEMENT PROGRAM was
Rplem
presented.
(74)
Volume 40 - Page 364
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL -0 S- 9 �G3 99�, R ®LL G�`t ��p �� y�9 August 25, 1986
MINUTES
wnFX
Motion
x
Motion was made to direct the staff to
All Ayes
proceed with plans for the Newport Pier
Restroom Replacement at a new location
easterly of the pier and northerly of
the Marine Department Building; direct
•
the staff to proceed with the program on
the basis of Conventional design; and in
addition, that the staff proceed with
the hiring of an architect for the
redesign of of the 15th Street restroom
and the Newport Pier restroom. And
further, that staff proceed immediately
with the refurbishing of the Washington
Street restroom, independently of the
other restroom facilities.
2. HARBOR QUALITY CITIZENS ADVISORY
Harbor
COMMITTEE:
Quality /CAC
Motion
x
Motion was made to confirm the following
All Ayes
appointments for terms ending December
31, 1987:
District 3 - Bill Harris
District 6 - Robert Hopkins
District 7 - Mark Gaughan
3. Report from the Planning Department
Resub 808
regarding review of the location of the
Npt Sea
•
trash containers for the NEWPORT SEA
Crest
CREST APARTMENTS (RESUBDIVISION NO. 808,
(84)
DENSITY BONUS, TRAFFIC STUDY AND
MODIFICATION NO. 3056) was presented.
Council Member Plummer stated that she
placed this item on the agenda, inasmuch
as there seemed to be a misunderstanding
as to what the City Council approved on
June 10, 1985, regarding the location of
the trash enclosure. She stated that at
the subject: meeting, the City Council
was given a letter from the Wale
Development Corporation to Hugh Milligan
of Brookview Homeowners Association,
outlining specific concerns of the
Homeowners Association, which were felt
to be resolved. One of the major
concerns was that Wale Development did
agree to move the trash enclosure to the
rear of the property and expand the
planter areas designated between cars,
subject to parking requirements.
However, she stated that this concern
was never discussed at the meeting nor
•
acted upon by the City Council. The
Homeowners Association feel their
concern, as set forth in the subject
letter, should be honored.
Volume 40 - Page 365
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
ROLL d� q 1i Z S 9
yF.p August 25, 1986
MINUTES
INDFX
Hugh Milligan, President of Brookview
Resub 808/
Homeowners Association, addressed the
Npt Sea
Council and. stated that they are only
Crest
asking that one trash enclosure be
removed, that being the one located
closest to their development, and stated
•
that no parking spaces would be lost as
a result of relocating the trash
container.
Larry Campeau, representing Mesa
Development, owners and builders of the
Newport Sea. Crest Apartments (originally
owned by Wale Development), addressed
the Council. and stated that when they
submitted their plans to the City
Council over a year ago, they met with
the Brookvi.ew Homeowners Association
adjacent to their property, and did
agree to move the trash enclosure,
subject to parking requirements. After
the project was approved by the Council,
it was discovered that they would be
losing five parking spaces because of
Fire Department regulations, etc., and
therefore, the trash enclosure was not
moved. They do not view the trash
enclosure issue to be a problem, but
because there is a concern, they have
redesigned it so that it looks more like
a garage and is self- contained with a
roof on it. They feel it is good
•
planning to leave the trash enclosure
where it is presently located,
especially since 15 to 18 tenants will
have to carry their trash 280 to 320
feet if it is relocated.
Motion
x
Following discussion, motion was made to
All Ayes
take no further action at this time, but
that the applicant take whatever steps
are necessary to assure that the trash
enclosure will not impact the adjacent
neighbors, and that all trash will be
confined to the container.
J. CURRENT BUSINESS:
1. Report from Public Works Department
Bayside Dr/
regarding BAYSIDE DRIVE - JASMINE AVENUE
Jasmine
PARKING LOT AND METERS (C -2485) was
Prkg Lot
presented.
C -2485
(38)
Motion
x
Motion was made to direct the staff to
Ayes
x
x
x
x
x
abandon the project, except for needed
Noes
x
x
pavement maintenance work.
•
2. Report from Planning Department
Cannery Vlg�
concerning implementation of Priorities
McFdn Sq SA]
I and II of the Cannery Village /McFadden
(68)
Square Specific Plan Area Public
Improvements Component was presented.
Volume 40 - Page 366
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� 0 2i 3 ti v
ROLL GS`r 9 y�9 August 25, 1986
MINUTES
INDEX
The City Manager advised that at its
Cannery Vlg,
meeting of May 27, 1986, the City
McFdn Sq SA1
Council reviewed a Request for Proposal,
(RFP) and directed staff to solicit
proposals from qualified consultants to
•
implement Priority I and II of the
Specific Plan. The RFP was distributed
to approximately 30 firms, including
architects landscape architects,
engineering firms, and traffic
engineers. Staff received eight
proposals in response to the RFP and
interviewed. all of the responding firms
and consultant teams. Based upon these
interviews, it is the staff's
recommendation that the City Council
enter into an agreement with Boyle
Engineering to perform the tasks
necessary to implement Priority 1 and
II, as set forth in the staff report.
Motion
x
Motion was made to direct staff to
proceed with implementation of the
Cannery Village /McFadden Square Specific
Plan Area, including Realignment of the
existing configuration of the Newport
Boulevard /Balboa intersection with minor
modifications; and authorize the Mayor
and City Clerk to execute an Agreement
with Boyle Engineering as consultant for
the implementation of Priorities I and
•
II of the Cannery Village /McFadden
Square Specific Plan Area Public
Improvements Component.
In response to questions from Council
Member Plummer regarding the
"Mix - Master:," the Public Works Director
reviewed studies to date, including
alternative: plans prepared by a traffic
engineering consultant retained by the
City. He stated that included in the
staff report are drawings showing the
existing configuration and Alternatives
I and II, together with a matrix showing
the advantages and disadvantages of
each. The analysis shows that neither
alternative has significant overall
benefits compared to the existing
configuration, but that there are
individual advantages and disadvantages
associated with specific alternatives.
However, Alternative I and II each cost
3/4 of a million dollars or more, and do
not provide any significant advantages
in overall traffic service over the
existing design. The staff
recommendation, based on the analysis of
the alternatives which has been made, is
Volume 40 - Page 367
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL �r F9 FA August 25, 1986
MINUTES
IWnrY
that a concept be developed which would
Cannery Vlg/
include only minor modifications to the
McFdn Sq SAP
existing "Mix-Master."
Discussion ensued, wherein Council
•
Member Plummer indicated that she felt
the so- called "minor modifications" were
not going to correct the traffic
circulation problem in the Newport Pier
area.
The Public Works Director, in response
to Council Member Plummer, referred to
the Evaluation Matrix included in the
staff report and discussed access to the
Oceanfront parking lot at Newport Pier,
as set forth in Alternatives I and II.
The City Manager pointed out that the
Council would have an opportunity for
further input prior to any final
decisions.
Ayes
x
x
x
x
x
x
Following discussion, the motion on the
Noes
x
floor was voted on and carried.
3. Oral Report from the City Clerk
Election/
regarding sufficiency of signatures on
Referendum
Referendum Petitions was presented.
(39)
•
The City Clerk advised that the
Registrar of Voters had certified the
Referendum Petitions regarding General
Plan Amendment No. 85 -1(B) - Newport
Center as follows:
Number of signatures
verified: 6,824
Number of signatures
found "sufficient:" 5,856
Number of signatures
found "not sufficient:" 968
Number of duplicate signatures
found "not sufficient" because
of being duplicate signatures: 143
Motion
x
Motion was made to adopt Resolution No.
Res 86 -72
86 -72 calling and giving Notice of a
Special Election to be held on Tuesday,
November 25, 1986 for submission of the
Newport Center and Peripheral Sites
General Plan and Local Coastal Plan
Amendments (Resolution Nos. 86 -55 and
•
86 -56) to the qualified voters of the
City of Newport Beach for their
approval; and adopt Resolution No.86 -73
Res 86 -73
directing the City Attorney to prepare
an Impartial Analysis of the Newport
Volume: 40 - Page 368
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL GsP August 25, 1986
MINUTES
iunry
Center and Peripheral Sites General Plan
Election/
and Local Coastal Plan Amendments
Referendum
(Resolution Nos. 86 -55 and 86 -56).
The following persons addressed the
•
Council and spoke in favor of calling a
Special Election for November 25, 1986,
regarding GPA 85 -1(B):
Tom Nielsen, President, The Irvine
Company
Bill Hamilton, President, Newport
Harbor Area Chamber of Commerce
Bill Ficker, representing Citizens
for Better Newport
Dorothy Hardcastle, representing Speak
Up Newport (SUN)
Richard Marowitz, President,
Newport Center
Paul Franklin, Chairman,
Governmental Affairs, Newport
Harbor /Costa Mesa Board of
Realtors
Kevin Consey, Director, Newport
Harbor Art Museum
Allan Beek, 1945 Sherington Place,
(proponent of the Referendum) addressed
the Council and stated that, inasmuch as
Initiative petitions are now being
circulated concerning a proposed Traffic
•
Management Ordinance, he would suggest
the election regarding GPA 85 -1(B) be
held in abeyance and combined with the
Initiative Election, which should occur
sometime in February and would save the
taxpayers a considerable amount of
money. He stated that they are hopeful
of submitting the Initiative petitions
in October.
All Ayes
The motion on the floor was voted on and
carried.
Motion
x
Motion was made to adopt Resolution No.
Res 86 -74
All Ayes
86 -74, authorizing the filing of
rebuttal arguments prior to the Special
Election regarding the Newport Center
and Peripheral Sites General Plan and
Local Coastal Plan Amendments.
Motion
x
Motion was made to adopt Resolution No.
Res 86 -75
86 -75 authorizing the Mayor to file a
written argument in support of a City
Measure pertaining to Newport Center and
Peripheral Sites General Plan and Local
•
Coastal Plan Amendments.
Volume 40 - Page 369
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL s� 0 7i y Y 9
ROLL
Motion
•
•
All Ayes
•
MINUTES
August 25, 1986
W.
INDEX
Election/
Referendum
x
Discussion ensued, wherein Council
Member Agee moved to make a substitute
motion that the five Council Members who
voted in favor of GPA 85 -1(B) be
authorized to sign the ballot argument,
providing they choose to do so.
The City Manager pointed out that at the
last referendum election, which was held
in November, 1982, the Council
authorized two members of the City
Council to sign the ballot argument. In
addition, three outside interested
residents were requested to sign the
ballot statement which added a broader
segment and more voter appeal.
In response to question raised by
Council Member Agee, the City Attorney
stated that:, pursuant to the Elections
Code, in the event there are multiple
arguments submitted for or against a
measure, the City Clerk determines which
argument is printed and distributed to
the voters. The priority lists: 1) the
Legislative Body or Member or Members of
the Legislative Body authorized by the
City Council; or 2) an individual voter
or bona fide association of citizens who
supported or opposed the measure. He
also noted that if any member of the
City Council signs the ballot argument,
either for or against, that member has
to be authorized by the City Council by
vote this evening.
Discussion continued, wherein the City
Manager stated that it is recommended
that the Mayor be authorized to sign the
ballot argument, and that the Mayor then
be allowed to obtain four other
signatures from the community that would
represent persons other than just the
City Council.
Following consideration, the substitute
motion was voted on and carried.
K. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 11:00 p.m.
Mayor Pro Ted
ATTES
W P()
® stn
City Clerk
Y
Volume 40 - Page 370
U ?
W.
INDEX
Election/
Referendum