HomeMy WebLinkAbout02/08/1988 - Regular MeetingCOUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: February 8, 1988
A. ROLL CALL.
B. Reading of Minutes of Meeting of
January 25, 1988, was waived, approved
as written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Cox opened the public hearing and
City Council reconsideration of its
decision on the appeal of JOE SPERRAZZA,
Newport Beach, from the approval of the
Planning Commission on December 10,
1987, of USE PERMIT NO. 3306, a request
to change the operational
characteristics of an existing
nonconforming restaurant facility
located at 501 30th Street, in the
Cannery Village /McFadden Square Specific
Plan Area, so as to permit the allowed
live entertainment to include jazz
combos with amplified music, vocals and
percussion instruments, including drums.
The proposal also includes a
modification to the Zoning Code so as to
permit the use of tandem and compact
parking spaces in conjunction with a
full -time valet parking service.
Report from the Planning Department, was
presented.
Recycled report from the Planning
Department dated January 11, 1988 and
various letters from the public, and
appeal application of Joseph Sperrazza,
were presented.
It was pointed out that at its meeting
of January 11, 1988, the City Council
voted (4 Ayes, 3 Noes) to approve the
appeal of the appellant, and sustained
the recommendation of the Planning
Commission to allow the change in the
operational characteristics of the
subject restaurant facility with the
following revision to Condition of
Approval No. 9:
Hours of Operation for Entertainment
Monday - Thursday entertainment to stop
at 12:30 a.m.
Friday night: 8:00 p.m. - 1:00 a.m.
Saturday night: 8:00 p.m. - 1:00 a.m.
Sunday night: 3:00 p.m. - 12:30 a.m.
(Restaurant to close at 2:00 a.m.)
Volume 42 - Page 32
U/P 3306
Cafe Lido
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It was further noted that on January 25,
1988, the City Council voted unanimously
to reconsider the action of the Council
in conjunction with Use Permit No. 3306,
as recommended by Council Member
Plummer, and set this matter for a
public hearing on February 8, 1988.
John Loomis, 30th Street Architects,
representing the applicant, addressed
the Council and requested that the hours
of operation for entertainment be
modified to 1:00 a.m., rather than 12:30
a.m., for Sunday through Thursday. He
noted that the recommended hours for
entertainment on Friday and Saturdays is
now 1:00 a.m.
Council Member Turner referenced
Condition No. 10, and suggested it be
revised to read:
"That the applicant will install
the acoustical recommendations made
by Penardi and Associates in
accordance with Exhibit 'A,'
attached to the conditions of
approval (Exhibit 'A' being the
letter from Penardi & Associates,
Acoustical Engineers, dated January
11, 1988)."
Mr. Loomis indicated he had no
objections to the change in Condition
No. 10.
Joe Sperrazza, applicant, addressed the
Council in support of his request, and
stated that the proposed modification to
the hours of operation for entertainment
is only 2;j hours more per week than what
was approved by the City Council on
January 11, 1988. He also stated that
most of the restaurants in Cannery
Village do not stay open to 2:00 a.m.,
for economic reasons; however, Cafe Lido
does remain open until that time even
though there may not be any customers.
He stated Cafe Lido is the only
full- service restaurant on the Peninsula
which provides late -night dining to 1:00
a.m. With regard to parking, they feel
their valet service will give the
control needed to keep the flow of
traffic away from the residents of 601
Lido Park Drive. He stated there will
be a total of four performing musicians
and he will personally continue to
monitor their sound level as he does at
the current location.
Volume 42 - Page 33
U/P 3306
Cafe Lido
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February 8, 1988
John Cramer, 135 Via Zurich, addressed U/P 3306
the Council and stated that he was an Cafe Lido
avid fan of Cafe Lido; felt it was a
quality restaurant unique to Newport
Beach, with very fine entertainment; and
that the request should be approved.
Richard Cordy, 2812 Lafayette, addressed
the Council in support of Cafe Lido,
stating the restaurant is a definite
asset to Cannery Village and the request
for its new location should be approved.
Dr. Ken Sereno, 16798 Woodbridge Circle,
Fountain Valley, addressed the Council
and read a letter from the past Director
of Orange County Music Chorale in favor
of the request. He stated that he,
himself, is a frequent patron at Cafe
Lido and a personal friend of the
applicant. He stated that a more mature
crowd frequents the restaurant, and
therefore, he does not feel there would
be a problem with noise when they exit
the location.
Walter R. Fisher, 101 Waverly Drive,
Alhambra, addressed the Council and
stated that he drives from Alhambra to
the Cafe Lido four to five times a month
to not only enjoy the good food, but the
excellent jazz entertainment. He does
not feel the music will be too loud to
disturb any of the neighboring
residences and felt the request of Cafe
Lido was reasonable and should be
approved.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed monitoring of amplified music
and the requested hours of operation.
Marian Markson, co -owner of Heidi's
Frogen Yozurt on Balboa Boulevard,
addressed the Council in support of the
request. She stated that 40% of their
business is between the hours of 10 p.m.
and midnight, indicating they cater to a
late -night crowd as does Cafe Lido. She
stated that when she closes her store at
midnight she enjoys the music and
relaxation the Cafe Lido provides and
urged the Council allow the
entertainment to conclude at 1:00 a.m.,
as requested.
Thomas Dixon, 428 31st Street, addressed
the Council in opposition to the
request. He stated that he resides 60
feet from the new location and feels he
and his wife will be disturbed by not
Volume 42 - Page 34
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only the music, but when the patrons
exit from the site. He stated he felt
the "spirit" of the Cannery Village
Specific Area Plan has already been
violated by the granting of the subject
use permit and that it will definitely
create a hardship on the residential
neighborhood in Cannery Village. He
also urged that a condition be added
restricting the number of musicians to
four; that the area be policed at
closing time because of the lack of
lighting in the vicinity; and that the
use permit be reviewed in six months
from the date of opening.
Patricia Hilton, speaking on behalf of
Lupe Hilton, 425 31st Street, stated
that Lupe Hilton is 87 years old and her
home has had attempted break -ins, and
that she is very concerned as to whether
the area will be policed. She also
stated that Ms. Hilton did not receive
notification of this public hearing.
The City Clerk advised that notification
was mailed to all property owners within
a 300' radius of the proposed restaurant
site, and that no notices had been
returned because of insufficient address
or unable to deliver.
With regard to police enforcement in the
area, the City Manager stated that the
City's Police Department would continue
to provide patrol of the vicinity, as is
currently being done, but that no
specific personnel is assigned to the
subject establishment.'
Mr. Sperrazza, applicant, addressed the
Council again, and discussed traffic
flow and parking in the area.
Brad Edwards, 422 31st Street, addressed
the Council in opposition to the
proposal. He suggested that
restrictions be placed on the noise
level from the music if the request is
granted.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Plummer explained her
reasons for requesting that this item be
reconsidered. She also discussed
Condition No. 3 regarding valet pickup
and delivery of automobiles within the
on -site parking area. She distributed a
map of the vicinity depicting the number
Volume 42 - Page 35
U/P 3306
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of one -way streets, and discussed the U/P 3306
feasibility of establishing a valet Cafe Lido
station at the corner of Villa Way and
30th Street adjacent to the restaurant
where the vehicles would be in such a
location that they could turn right and
easily exit onto Newport Boulevard from
Villa Way, thereby not disturbing the
residents in the area. She also felt
that once the City's parking structure
is constructed at Villa Way and 30th
Street, Cafe Lido patrons will use the
parking facility, rather than the valet
service.
Discussion ensued with regard to Council
Member Plummer's suggestion, wherein it
was pointed out that if the valet pickup
and drop off were on Villa Way, it could
create more noise for the residences
because of the necessity of using the
alley.
x I Following consideration, motion was made
to amend Conditions No. 9 and 10 to read
as follows:
Condition No. 9 - "That the hours
of operation of the restaurant use
shall be limited between 5:00 p.m.
to 1:00 a.m., Sunday through
Thursday; and 3:30 p.m. to 1:00
a.m., Friday and Saturday."
Condition No. 10 - "That the
applicant will install the
acoustical recommendations made by
Penardi and Associates in
accordance with Exhibit 'A,'
attached to the conditions of
approval (Exhibit 'A' being the
letter from Penardi & Associates,
Acoustical Engineers, dated January
11, 1988)."
Council Member Strauss expressed his
concerns as to the 2:00 a.m. closing
time for Cafe Lido, wherein Mr.
Sperrazza addressed the Council, and
stated that they lock their doors at
1:30 a.m., and take last call for
alcoholic beverages. He stated that all
of the other restaurants in Cannery
Village can stay open until 2:00 a.m.,
however, because of economic reasons
they may choose to close earlier.
Following discussion, Council Member
Strauss suggested the motion be amended
to add to Condition No. 13, "That said
use permit shall be reviewed in six
months from the date the restaurant
opens for business.
Volume 42 - Page 36
CITY OF NEWPORT BEACH
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ROLL CALL INDEX
Council Member Maurer, maker of the U/P 3306
motion, accepted the amendment. Cafe Lido i
Council Member Turner suggested the
motion also be amended to add a
Condition No. 15 to read: "That the
number of musicians performing at any
one time shall be limited to four. The
term musician, as used herein, does not
include vocalist."
The maker of the motion (Council Member
Maurer) suggested the Council straw -vote
Council Member Turner's amendment, as he
objected to including it in his motion.
Ayes, x x x The straw vote was taken and FAILED.
.,Noes x x x x
'All Ayes The motion on the floor, as amended in
the foregoing, was voted on and
unanimously carried.
2. Mayor Cox opened the public hearing and /P 3301
City Council review of USE PERMIT NO. CA Squeeze
3301, a request of CALIFORNIA SQUEEZE, (88)
Newport Beach, approved by the Planning
Commission on January 7, 1988, to permit
the establishment of a take -out
• restaurant with a take -out window and
incidental seating which specializes in
freshly squeezed juices, cappuccinos,
shakes and fruit bowls, on property
located at 3014 West Balboa Boulevard;
zoned SP -6 (Cannery Village /McFadden
Square Specific Plan Area). The
proposal also includes a request to
waive a portion of the required
off- street parking spaces and a
modification to the Zoning Code so as to
allow a reduced parking aisle width in
conjunction with wider - than - normal
parking spaces.
Report from the Planning Department, was
presented.
Letter from representative of Carl
Karcher Enterprises objecting to
potential impact California Squeeze will
have upon the Shopping Center parking,
was presented.
The City Clerk advised that after the
agenda was printed, three letters were
received in opposition to the proposal
from VIP Cleaners, Cagney Enterprises
and Lucky Stores, Inc.
Volume 42 - Page 37
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February 8, 1988
Michael Samen, 211 Walnut Street, U/P 3301
co- applicant, addressed the Council in CA Squeeze
support of their request. He stated
that they want to create a unique
health -food type take -out restaurant
that the City would be proud of, and
something that would be compatible with
the area. He stated that California
Squeeze would.be targeted for foot
traffic from the beach, and they do not
feel their restaurant would have an
impact on the Lucky's Shopping Center
parking lot. He commented that they
will post a sign at the restaurant
advising patrons to park in the rear,
and will also place a bicycle rack at
their location. He stated it is their
intention to operate a clean and
healthy -type facility and asked that the
Council allow them that opportunity.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed the subject proposal with
particular regard to the method in which
staff calculates parking requirements.
In response to the above comments, staff
clarified the definition of a take -out
restaurant as set forth in the Zoning
Code, and explained the criteria used in
establishing the parking standards for
this type of use.
Don R. Adkinson, 1516 E. Ocean Front,
Attorney for Cagney Enterprises,
addressed the Council in opposition to
the request due to the impact it would
have on the Lucky Shopping Center's
parking lot. He stated that the
proposed restaurant, being located
directly fronting Balboa Boulevard,
would appear a prime target for
patronage by people arriving at, or
departing from, the beach by automobile.
They further believe that the Planning
Commission's findings are not sufficient
to protect the interests of their client
and those of its subtenants, and
therefore, would urge the Council deny
the request.
Sharon Wright, 6565 Knott Avenue, Buena
Park, representing Lucky Stores, Inc.,
addressed the Council and spoke against
the proposal for the reasons as
enumerated in their lettr of February 3.
She stated that they already experience
parking problems in the center during
the summer months, to the extent that
they hire a security guard to monitor
Volume 42 - Page 38 1
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parking during this time, and at various
other times during the year when there
is good beach weather. She stated that
any additional parking problems could
result in a marginal operation which
could necessitate the possible
relocation or closing of the facility.
Earle Watts, 124' 31st Street, addressed
the Council and stated that he resides
near the proposed take -out restaurant
and felt that it will provide foods and
beverages not now available in the
immediate area, and would urge the
Council to approve the request.
Russ Fluter, 3008 W. Ocean Front, owner
of the subject property, addressed the
Council in support of the request. He
explained how he upgraded the structure
after purchasing it, and stated that of
the proposals offered to him, he felt
the California Squeeze would be the most
compatible for the area.
Fred Joyner, owner of Tide Office
Supply, 3115 Newport Boulevard in the
Lucky Shopping Center, addressed the
Council in opposition to the request.
He stated that he pays premium rent in
order to have parking, and he does not
feel that the proposed restaurant should
be allowed to use the parking that he
and other tenants pay for.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and stated
that he sympathizes with the concerns of
the tenants of the Lucky Shopping
Center; however, he does feel the
Council should look at the type of
business being requested. He stated
that the proposed restaurant will be
primarily walk -by trade from the beach
and will not be a destination -type
business, and therefore, will not have
an impact on the parking lot.
Dave Weigel, Area Real Estate Manager
for Lucky Stores, Inc., 16581 South
Circle, Huntington Beach, addressed the
Council in opposition to the proposed
restaurant. He stated that there is no
on- street parking in front of the
restaurant as the curb is painted red,
and with only three parking spaces
provided to the rear of the restaurant,
(two of which will be used for
employees) it is felt that the customers
will have no other choice than to park
in the Lucky Shopping Center parking
lot.
Volume 42 - Page 39
3301
Squeeze
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Michael Samen, co- applicant, addressed
the Council again, and stated that he
was appreciative of the concerns
expressed, but felt that they will only
be catering to foot- traffic and that
their customers will not be parking on
the premises. He urged the Council to
give them an opportunity to open the
business, and if deemed necessary, their
use permit could be reviewed in six
months.
Lisa McGhee, co- applicant, 211 Walnut
Avenue, addressed the Council and stated
that they contacted numerous residents
in.the neighborhood over the weekend,
and received no objections to their
request. She also felt that their
patrons would be primarily foot - traffic,
and therefore, parking would not be a
problem.
Tim Cane, 211 Walnut Avenue, addressed
the Council in support of the request.
He stated he felt that the patrons going
to the California Squeeze would either
be riding bicycles or walking, and urged
the Council to give the applicants a
chance at this venture.
Council Member Turner, in discussing
the parking issue, stated that the
City's current parking ordinance does
not really apply to the subject type of
use very accurately. Be stated that he
does not like to waive parking
requirements, and felt that the existing
parking regulations should be revised by
staff and "tightened up." He stated
that he has viewed the site in question
and did observe a number of persons
walking across Balboa Boulevard from the
ocean side to the shopping center, and
therefore, he felt that most of the
trade at the proposed take -out
restaurant would be walk -up.
in view of the foregoing, motion was
made to uphold the Planning Commission's
decision and approve Use Permit No.
3301, with the provision that Condition
No. 22 be amended to require that said
use permit be reviewed in six months
from the date the restaurant opens for
business.
Council Member Strauss spoke against the
motion, stating that he was very
familiar with the area, and the parking
problem in the Lucky Shopping Center
lot. He stated that the parking
situation gets worse in the summer
Volume 42 -Page 40
U/P 3301
CA Squeeze,
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months, which is when the California
Squeeze would be doing their best
business, and therefore, adding to the
burden of parking. He stated he cannot
support waiving the requested parking
requirements, and therefore, made a
substitute motion to overrule the
decision of the Planning Commission and
deny the request for use permit.
Discussion ensued, wherein various
Council Members expressed their concerns
regarding the parking issue, and their
reasons for not being able to support
the request.
Council Member Sansone, also speaking
against the use permit, stated he felt
there should be a more "clear -cut"
definition of a take -out restaurant, as
well as what the parking requirements
are for that type of use. He stated he
did not feel it should be up to the
Planning Commission, or City Council to
determine if certain parking
requirements are met or should be
waived, etc. He stated it upsets him to
think that this use permit came this
far, as he felt the applicants should
have been told in the beginning by staff
that they did not meet the parking
requirements. He stated he felt that
many of the existing zoning ordinances
are "too vague" and should be reviewed
and updated.
Hearing no other comments, the
substitute motion to deny the use permit
was voted on and carried.
3. Mayor Cox opened the public hearing
regarding CHANGES IN HAZARDOUS MATERIALS
REPORTING REQUIREMENTS.
Report from Fire Chief with resolution
granting exemption from the Inventory
and Business Emergency Plan Provisions,
were presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
88 -8, granting exemption from the
Inventory and Business Emergency Plan
Provisions as authorized by Health and
Safety Code Section 25503.05.
volume 42 - Page 41
U/P 3301
CA Squeeze
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COUNCIL
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E. PUBLIC COMMENTS:
1. Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and stated
that he concurred in the remarks of
Council Member Sansone regarding the
"unclarity" of certain ordinances and
the need for staff review. He also
commented he felt the City should
provide additional beach parking so that
beach goers will not use parking at lots
like Lucky's Shopping Center.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on February 22, 1988:
Beach Pkg
(a) Proposed ORDINANCE NO. 88 -3, being, Ord 88 -3
Pkg Mtr Zns/
AN ORDINANCE OF THE CITY COUNCIL OF Cannery VIE
THE CITY OF NEWPORT BEACH (63)
DESIGNATING ON- STREET PARKING METER
ZONES IN CANNERY VILLAGE. (Report
from Public Works /Traffic
Engineering)
(b) Proposed ORDINANCE NO. 88 -4, being, Ord 88 -4
Cannery Vlg
AN ORDINANCE OF THE CITY COUNCIL OF Spcl Pkg
THE CITY OF NEWPORT BEACH Dist /Rvnu
ESTABLISHING THE CANNERY VILLAGE (63)
SPECIAL PARKING DISTRICT AND
SPECIFYING THE USE OF ALL PARKING
METER REVENUES FROM WITHIN THE
DISTRICT. (Report from Public
Works /Traffic Engineering)
(c) Proposed ORDINANCE NO. 88 -5, being,
Ord 88 -5
Bus Lic/
AN ORDINANCE OF THE CITY COUNCIL OF
Cmcl Flm
THE CITY OF NEWPORT BEACH AMENDING
Prdctn
SECTION 5.46.010 OF THE NEWPORT
(27)
BEACH MUNICIPAL CODE PERTAINING TO
REGULATION OF COMMERCIAL FILM
PRODUCTION ON PUBLIC PROPERTY.
(Report from Business License
Supervisor)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 88 -9 accepting CHWidng/
dedicated easement area by The ambre /By
Irvine Company to widen Coast TIC Esmts
Highway between Jamboree Road and Res 88 -9
Bayside Drive into the City of (74)
Newport Beach's Street and Highway
System. (Report from Public Works
Department)
Volume 42 - Page 42
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3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk
to execute Amendment No. 4 to
License Agreement between City of
Newport Beach and The Irvine
Company, Contract No. 1502, to use
a portion of the roof of the office
building located at 610 Newport
Center Drive for purpose of
installing and maintaining two
antennas and associated
transmitters. (Report from
Assistant City Attorney)
(b) Award Contract No. 2666 to R & L
Sewers, Inc., for the total price
of $174,535; authorize the Mayor
and City Clerk to execute said
contract for Water Main Replacement
Program 1987 -88; and adopt Budget
Amendment appropriating $49,930.78
from the Metropolitan Water
District connection in Corona del
Mar. (Report from Public Works
Department, also refer to BA -062)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Public Works Department for
report back, letter from Bill Burk
appealing to Council regarding
denial of encroachment application
to allow front patio wall to extend
into public right -of -way at 219
Grand Canal.
CNB /TIC
Antena Trnsm
C -1502
(38)
Wtr Mn Rplcm:
Prg '87 -88
C -2666
(38)
Permit /Encrm
Burk
(65)
(b) To Planning Department for Planning/
response, letter from Queenie Valentine
Schliff -Gortz regarding decorative (68)
iron trim at Lynne Valentine's
property at 106 Garnet, Balboa
Island.
(c) To Public Works Department for
inclusion in the records, letters
to City via CalTrans /Coastal
Commission from the following in
opposition to a sound wall adjacent
to West Newport Park: Doris, Kelly
and Russell Sandore, Julie
Sherwood, Deena Robinson, Diane and
Jerry Edmonson, Glenn Allison,
Helen Homer, James Burley, and
Alfred Wach; and after the agenda
was printed, letter received from
Earl and Mary Allyn Dexter in favor
of wall being built.
Volume 42 - Page 43
PW /WNpt Prk
Sound Wall
(74)
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February 8, 1988
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Press Release from Committee for
Orange County /Santa Ana Airport
(SNA) requesting the Board of
Supervisors to reinstate Orange
County /Santa Ana as the Official
Airport name.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(36)
(a) Howard Hayes alleging false arrest, Hayes
false imprisonment, physical abuse,
etc. by Newport Police, as a result
of incident on December 12, 1987,
at Via Oporto (Magic Island).
(b) William S. Haynes, Jr. and William
S. Haynes, III, seeking indemnity
from claim filed by Corey Marisco,
surfer who collided with youth
swimming into ocean on boogie board
at beach between Lifeguard Stations
31 and 32 on September 11, 1987.
(c) Banh Van Le alleging personal
injuries and deprivation of civil
rights, false imprisonment, etc.,
at his place of employment in the
City of Garden Grove on September
10, 1987.
(d) Gertrude Ondrasik alleging damage
to vehicle car door as a result of
parking near enclosed trash bin in
parking area near Myrtle Park on
December 13, 1987.
Haynes, Jr.'.
Van Le
Ondrasik
(e) Joan D. Queyrel alleging damage to Queyrel
her car from falling tree while
City was working in area between
curb and sidewalk trimming root
system on Poinsettia Avenue on
December 13, 1987.
(f) Dennis and Kristy Romanosky Romanosky
alleging property damage as a
result of sewer backup at 1600
Haven Place on November 22, 1987.
(g) Maria P. Gallardo alleging personal Gallardo
injuries /damages as a result of
accident with City vehicle at
Placentia Avenue on December 18,
1987.
Volume 42 - Page 44
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(h) Marilee Tapley seeking Tapley
reimbursement for towing fee and
loss of day's work, alleging her
vehicle was towed in error from
Pacific Coast Highway and MacArthur
Boulevard on January 11, 1988.
(i) Carl G. Matthews and Curtis J. Matthews/
Thomas, Jr., alleging poor and Thomas, Jr,
dangerous road design caused
accident and personal injuries on
October 23, 1987, on northbound
SR -55 transition road to eastbound
SR -1.
For rejection:
(j) LATE CLAIM of Lorne Michael Hassan Hassan
alleging personal injuries as a
result of police arrest on
October 6, 1987.
(k) LATE CLAIM of Betty J. and Donald Rez
Rez alleging personal injuries as a
result of fall into planter box cut
into sidewalk area on Marcus Street
near the Rialto on July 22, 1987.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Orange County Superior Court, Case
544106, City of Costa Mesa for
property damage regarding
Helicopter incident which occurred
on March 10, 1987. Claim was
denied by City Council on June 22,
1987.
(b) Damages for Wrongful Death from
Jason, Brandon, and Justin Finney
minors by and through their
guardian Vicki Finney, Orange
County Superior Court, Case 515607.
Claim was denied by City Council on
October 13, 1986.
(36)
City of
Costa Mesa
Finney
(c) Cross - complaint from George Frost Geo Frost
Company regarding WARFE VS. STATE Co /Warfe
OF CALIFORNIA, ET AL, Orange County
Superior Court, Case 525639. Claim
was denied by City Council on
October 26, 1987.
(d) Robert Friend for damages Friend
(dangerous condition), Orange
County Superior Court, Case 545862.
Claim was denied by City Council on
September 28, 1987.
Volume 42 - Page 45
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
A
��.:0A1 I AEI I
•
February 8, 1988
P
REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Police Records Assistant,
Police Department.
(b) Two Groundsworker I positions,
Parks, Beaches and Recreation
Department.
(c) One Maintenance Worker I (Asphalt
Crew), Field Maintenance Division.
(d) One Equipment Operator I (Concrete
Crew), Field Maintenance Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(66)
(a) Memorandum from Marine Director
DeAnza Boat
recommending staff be authorized to
Launch Rmp
send letter to the State of
(51)
California, Department of Boating
and Waterways regarding DeANZA BOAT
LAUNCH RAMP.
(b) Report from Executive Assistant to
0/C -John
the City Manager recommending
Wayne Arprt
approval of correspondence urging
Noise Abtm
amendment to NOISE ABATEMENT
(54)
PROCEDURE AT JOHN WAYNE AIRPORT.
(c) Memorandum from City Attorney
requesting CHANGE IN STATUS OF
SPECIAL AIRPORT COUNSEL (O'DONNELL
& GORDON, CONTRACT NO. 2331).
For Council information and filing:
(d) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - For
February 22, 1988:
(a) GENERAL PLAN AMENDMENT NO. 87 -3(B)
- A report of the FIRST AMERICAN
TRUST COMPANY, Santa Ana, to amend
the LAND USE ELEMENT of the Newport
Beach General Plan so as to
increase the total allowable
development by 560 square feet on
property located in BLOCK 500 OF
NEWPORT CENTER (2161 San Joaquin
Hills Road); zoned C -O -H. (Report
from Planning Department)
Volume 42 - Page 46
O'Donnell/
Gordon
C -2331
(38)
GPA 87 -30)
Npt Ctr
(45)
COUNCIL MEMBERS
C,Gt
CITY OF NEWPORT BEACH
MINUTES
February 8, 1988
(b) APPEAL APPLICATION FOR VARIANCE
1143 - By Jerry King for Doug
Salisbury and Merlin Norton from
the decision of the Planning
Commission on January 21, 1988 for
request to permit the retention of
an "as built" enclosed patio that
has created a single- family
dwelling that exceeds the allowable
floor area of 1.5 times the
buildable area on property located
in the R -1.5 District.
11. TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS
INTERSECTIONS, CONTRACT NO. 2681 -
Approve the plans and specifications;
and authorize the City Clerk to
advertise for bids to be opened
Wednesday, March 2, 1988, at 11:00 a.m.
(Report from Public Works /Traffic.
Engineering)
12. CONSTRUCT NEW CLASSROOM AT OASIS CENTER,
CONTRACT NO. 2663 - Approve plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened
at 11:00 a.m., on March 16, 1988.
(Report from Public Works Department)
13. RESUBDIVISION NO. 810 AND USE PERMIT NO.
3139 - Accept public improvements
constructed in conjunction with
Resubdivision No. 810 and Use Permit No.
3139 (4509 West Coast Highway on the
southeasterly corner of West Balboa
Boulevard and West Coast Highway in West
Newport); authorize the City Clerk to
release the Faithful Performance Bond
(No. 913160S); and in six months,
provided no claims filed, release the
Labor and Material Bond (No. 9131605).
(Report from Public Works Department)
14. ENCROACHMENT PERMIT - Approve issuance
of an Encroachment Permit to Darwin
Pearson for construction of a 16 foot
drive approach along the 13th Street
frontage of a parcel corner with alley
access located at 1249 W. Balboa
Boulevard ( Resubdivision NO. 852).
(Report from Public Works Department)
15. BUDGET AMENDMENTS - For approval:
(a) BA -053, $15,525 - 'Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for purchase of
word processing equipment and four
office chairs; Office Equipment -City
Attorney Fund.
Volume 42 - Page 47
143
91)
Trfk Signal
Adfctns /Var
Intersctns
C -2681
(38)
BASIS Clsrm
b 810/
3139
(65)
(25)
t/
COUNCIL MEMBERS
S n
Q`G
%y�J
M
•
Motion
C7
CITY OF NEWPORT BEACH
x
February 8, 1988
(b) The following Budget Amendments are to
provide for Mid -Year Adjustments:
(Report from Finance Director)
BA -054, $2,513,815.09 - Net Increase in
Unappropriated Surplus; General Fund.
BA -055, $895 - Net Increase in
Unappropriated Surplus; Park and
Recreation Fund.
BA -056, $30,335 - Increase in
Unappropriated Surplus; Library Fund.
BA -057, $240,050 - Increase in
Unappropriated Surplus; Parking Meter
Fund.
BA -058, $75,000 - Increase in
Unappropriated Surplus; Community
Development Block Grant Fund.
BA -059, $64,005 - Net Decrease in
Unappropriated Surplus; Tide and
Submerged Lands Funds.
BA -060, $50,405 - Decrease in
Unappropriated Surplus; Building Excise
Tax Fund.
BA -061, $95,600 - Decrease in
Unappropriated Surplus; Water Fund.
(c) BA -062, $49,930.78 - Transfer Budget
Appropriations to provide for current
Water Main Replacement Program, Contract
No. 2666. (Refer to Agenda Item F -3(b))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report to the City Manager regarding
ACTIONS TAKEN BY THE PLANNING COMMISSION
ON JANUARY 21, 1988, was presented.
Motion was made to schedule public
hearing on Modification No. 3352 on
property at 106 Garnet Avenue, Balboa
Island.
The staff advised Council Member Maurer
that pursuant to the Municipal Code, the
Planning Commission or City Council
cannot call up an action that has been
denied, and therefore, it must be
appealed by the applicant within 21 days
of the denial.
In view of the foregoing, Council Member
Maurer withdrew his motion.
Volume 42 - Page 48
BA
(25)
Planning
(68)
COUNCIL MEMBERS
Motion
All Ayes
•
Motion
All Ayes
Motion
All Ayes
�J
x
February 8, 1988
x
Motion was made to schedule public U/P 3161(A)
hearing for U/P 3161(A) and Traffic & Trfc Stdy
Study on February 22, 1988, for the Nwprtr Rsrt
Newporter Resort and to receive and file
the remaining Planning Commission items
contained in the subject staff report.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. BICYCLE TRAIL CITIZENS ADVISORY BT /CAC
COMMITTEE:
Motion was made to confirm (District 2)
Council Member Plummer's appointment of
Craig Weber for one -year term ending
December 31, 1988.
2. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS EQA /CAC
ADVISORY COMMITTEE:
X
Motion was made to confirm (District 1)
Council Member Strauss's appointment of
Patricia Hollander for a one -year term
ending December 31, 1988.
J. CURRENT BUSINESS:
1. Report from the Planning Department Property/
regarding the ACQUISITION OF 5.5 PARCELS Acquistn/
(DOAN PROPERTY) IN CANNERY VILLAGE, at Cannery Vlg
the southwest corner of 30th Street and Doan Prpty
Villa Way, for the construction of a (73)
public parking facility.
Council Member Plummer, in response to
comments made earlier by Sid Soffer
regarding the lack of parking in the
City, stated that the City Council and
Off- Street Parking Committee are very
aware of the parking problem and are in
the process of attempting to resolve
part of that problem as is evident by
the action under consideration. She
stated that it has taken approximately
four years to purchase property in
Cannery Village for a parking facility,
and that the Off- Street Parking
Committee will continue to study the
parking issue and strive to make
recommendations to improve the situation
throughout the City. She stated that
she agreed with Council Members Sansone
and Turner regarding the need to
"tighten up" the City's zoning
ordinances regarding parking because she
felt the City can no longer "give away"
parking spaces.
Volume 42 - Page 49
Motion
All Ayes
•
0
11" 11
r i III
-'s' Of=jT BE�aCH
J.
MINUTES
c4crFpF t*`�
Res 88 -10
X
Motion was made to:
(a) Review the Draft Purchase
Agreement and, if desired,
authorize staff to conclude
negotiations with the seller
and execute the Sales
Agreement;
(b) Review the Draft Financing
Agreement with First
Continental Financial Corp.
and, if desired, authorize
staff to execute the financing
Agreement;
(c) Authorize staff to enter into
escrow for the purchase of the
site, consumate the
transaction, and close escrow;
(d) Adopt Resolution No. 88 -10
relating to real property
lease /purchase agreement for
Cannery Village parking
facility and designation as a
qualified tax exempt
obligation; and
(e) Approve Minutes and
Certification pertaining to
passage of a resolution
relating to the real property
lease /purchase agreement for
the Cannery Village parking
facility and designation as a
qualified tax exempt
obligation.
Meeting adjourned at 10:15 p.m., in memory of
Barney Larks, who passed away recently,
recognizing his contribution to OASIS and
many civic community groups.
The agenda for this meeting was
posted on Thursday, February 4, 1988
at 9:50 a.m., on the City Hall Bulletin
Board located outs" re ?of the City of
Newport Beac i trat' uilding.
ATTEST:
P0
City Clerk
Volume 42 - Page 50 -
c4crFpF t*`�
Res 88 -10