HomeMy WebLinkAbout09/12/1983 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
�� REGULAR COUNCIL MEETING
\rAl °f PLACE: Council Chambers
(� TIME: 7:30 P.M.
ROLL F,p DATE: September 12, 1983
MINUTES
INDEX
Mayor Hart announced the completion of the cable
interconnect between Community Cablevision, and
Group W. She stated that now all residents of
Newport Beach, who have cable can see the City
Council meetings live on the 2nd and 4th Mondays
of the month.
Present
x
x
x
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the Meeting of
All Ayes
August 22, 1983, was waived, approved as
written and order filed.
Motion,
x
C. The reading in full of all ordinances and
All Ayes
resolutions under consideration was waived,
and the City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Hart opened the continued public
Vacation /St
hearing regarding VACATION OF STREET
Harbor Hill
RIGHT -OF -WAY FOR THE CONVERSION OF PUBLIC
(90)
STREETS TO PRIVATE. STREETS WITHIN TRACT
10151 -- HARBOR HILL.
Report from Public Works, was presented.
Motion
x
Motion was made to continue the public
All Ayes
hearing to November 28, 1983, as recommended
by staff.
2. Mayor Hart opened the public hearing
Vacation /
•
regarding VACATION OF THE EXISTING 20 -FOOT
Alley
ALLEY BETWEEN ST. ANDREWS ROAD AND 15TH
15th &
STREET.
St. Andrews
(90)
Report from Public Works, was presented.
Motion
x
Motion was made to continue the public
All Ayes
hearing to September 26, 1983, as requested
by the Southern California Edison Company.
3. Mayor Hart opened the public hearing
CPA 82 -2
regarding GENERAL PLAN AMENDMENT NO. 82 -2, a
(45)
request initiated by the City of Newport
Beach to amend the Newport Beach General Plan
for Block 600 of Newport Center so as to
allow the construction of a 325 -room Four
Seasons Hotel with related hotel and service
facilities, including ballrooms, meeting
rooms, cocktail lounges and restaurants; and
the acceptance of an Environmental Impact
Report. Property located at 600 Newport
Center Drive, on the northeasterly corner of
Newport Center Drive and Santa Cruz Drive in
Newport Center; zoned C -O -H;
--
AND
•
Volume 37 - Page 270
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
0 (0
C�et`�
c�ni t rei i � y��1�9GSS September 12, 1983
MINUTES
IML 01 *3
TRAFFIC STUDY, a request to consider a
Trfk Study
Traffic Study to allow the construction of a
Four Seasons Hotel at 600 Newport Center
Drive in Newport Center;
i
AND
RESUBDIVISION NO. 752, a request to
Resub 752
resubdivide a portion of an existing lot into
four numbered parcels and two lettered
parcels. Parcel No. I is for parking related
to the Wells Fargo Building; Parcel No. 2 is
for off -site Four Seasons Hotel parking;
Parcel No. 3 is for the hotel site; Parcel
No. 4 is for existing parking related to
existing office /commercial uses; Parcel "A"
is for a private street; and Parcel "B" is
for landscaping and sign purposes;
AND
SITE PLAN REVIEW NO. 32, a request approved
Site Plan
by the Planning Commission for the proposed
Rev 32
325 -unit Four Seasons Hotel in Newport
Center. As required by the Newport Beach
General Plan, a detailed review of the
proposed site plan must be conducted to
evaluate fully the GPA request and related
applications. The site plan review will
determine also the parking requirements by a
demonstrated formula and includes the
acceptance of two off -site parking
agreements. This proposal also includes
•
modifications to the Zoning Code so as to
allow the use of compact car spaces and
spaces which are not independently
accessible, and two oversized wall signs.
Report from the Planning Department, was
presented.
The City Clerk advised that after the
printing of the agenda, two letters were
received in support of General Plan Amendment
82 -2 from Newport Center Association and
Fashion Island Merchants' Association.
David Neish of Urban Assist, representing
Four Seasons Hotel, Limited, addressed the
Council and requested twenty -five minutes for
their presentation.
Motion
x
Motion was made to grant the request.
All Ayes
Mr. Neish outlined the applications being
requested by the Four Seasons Hotels, i.e.,
General Plan Amendment 82 -2, Traffic Study,
Resubdivisi.on No. 752, and Site P1an'Review
No. 32.
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Volume 37 - Page 271
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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i rei i 9
MINUTES
INDEX
Mr. Neish introduced Arnold Cator, Executive
GPA 82 -2/
Vice President of Four Seasons Hotel,
Tfk Study/
Limited, who stated that they manage 10
Resub 752/
•
properties in the United States, several in
Site Fla Rv
Canada, and a hotel in London, England. They
32
are a Canadian -owned corporation with
headquarters in Toronto, Canada.
Mr. Cator stated that they have looked at
alternative sites for the past two years, but
their first preference is to locate in
Newport Center. He stated that they take
great interest in the community where they
locate, and look forward with great
anticipation toward building a hotel in
Newport Beach.
A slide presentation was given by David
Neish, which showed many of the Four Seasons
Hotels throughout: the United States and
Canada, and the services and facilities they
provide. Slides were also shown of the Site
Plan and display model.
Mr. Neish stated that there are no
significant environmental impacts associated
with their project, and that the proposal is
in total conformity with the City's zoning on
the property. He stated that the financial
benefit connected with the Four Seasons Hotel
will provide a net revenue surplus of over $1
Million to the City each year. He stated
that the corporate image of the Four Seasons
.
Hotels will be an asset to the City and urged
approval.
The City Manager presented a revised
Supplemental Report regarding the Four
Seasons Hotel requirement for noise wall,
traffic signals and circulation improvements,
and stated that, subsequent to the Planning
Commission's approval and distribution of the
staff report to the City Council, staff has
met with the representative of the Four
Seasons Hotel to negotiate a lump sum
contribution and payment schedule reflecting
the hotel's total obligation to the City for
noise walls, traffic signals and all
circulation system improvements. The lump
sum contribution agreed to is $838,170, with
$125,000 to be deposited with the City prior
to the issuance of any grading permit for the
project and $713,170 to be collected prior to
i
the occupancy of the hotel.
Volume 37 - Page 272
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
September 12, 1983
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Mr. Wynn stated, if the City Council concurs
GPA 82 -2/
with this approach, the following condition
Tfk Study/
should be added as Condition No. 3 of the
Resub 752/
•
Traffic Study, Condition No. 48 of
Site Pln Rv
Resubdivision No. 752, Condition No. 44 of
32
Site Plan Review No. 32, and the Resolution
adopting General Plan Amendment No. 82 -2
should be amended accordingly:
"Prior to the issuance of any grading
permit, the sum of $125,000 shall have
been deposited with the City. In
addition, a balance of $713,170 shall be
deposited with the City prior to
occupancy of the hotel. This condition
shall be interpreted as satisfying all
noise wall, traffic signal and traffic
circulation system improvement
obligations of the Four Seasons Hotel as
previously set forth under Traffic Study
Conditions No. 1 and 2; Resubdivision
No. 752 Conditions No. 23, 24, 25, 28,
40, 41 and 42; Site Plan Review No. 32
Conditions No. 2 and 3, and the
resolution adopting General Plan
Amendment No. 82 -2."
Discussion ensued with respect to parking,
and Block 600, wherein Mr. Neish stated that
he was not aware of what The Irvine Company's
plans were for the future of Block 600. He
noted, however, that whatever occurs, it will
require a general plan amendment. He stated
•
that regarding the hotel site and parcel 2,
(immediately north of the hotel) The Irvine
Company has to provide to the Four Seasons in
"perpetuity forever" on that site, the number
of parking spaces that are there. He added
that he is a tenant in Block 600 and that
there is presently an over - surplus of
parking.
The following persons addressed the Council
and spoke in support of General Plan
Amendment No. 82 -2:
Bernard Sampson, President, Big Canyon
Community Association
Bjorn Sedleniek, President, Fashion
Island Merchants' Association
Maurice DeWald, past President, Newport
Center Association, 7 Hermitage
Lane
Dick Marowitz, 2719 Setting Sun Drive,
Corona del Mar
David Steinmetz, past President, Newport
Harbor Art Museum
John McNabb, resident
Dr. Eileen Spear, Biochemist, Beckman
Instruments
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Volume 37 - Page 273
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\r&[ o� 'V '�,v GSeptember 12, 1983
Rnl t
MINUTES
INDEX
The Director of Public Works summarized the
CPA 82 -2/
traffic phasing analysis and the improvements
Tfk Study/
{
that would be needed, as set forth in the
Resub 752/
•
staff report.
Site Pln Rv
32
In response to question raised by Mayor Hart,
Mr. Neish stated that shuttle service to LAX,
John Wayne and Ontario Airports will be
provided to hotel guests, but not in a van
like other hotels.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Mayor Pro Tem Maurer spoke in support of the
Four Seasons Hotel, and made a motion to
sustain the recommendations of the Planning
Commission; and
Adopt Resolution No. 83 -91 accepting,
Res 83 -91
approving and certifying the Final EIR
(Attachment A, Exhibit 1);
Make the Findings contained in the
Statement of Facts (Attachment A,
Exhibit 2) with respect to
significant impacts identified in
the Final EIR;
Find that the facts set forth in the
Statement of Overriding Considerations
(Attachment A, Exhibit 3) are true and
•
are supported by substantial evidence in
the record, including the Final EIR:
With respect to the project, find that
although the Final EIR identifies
certain unavoidable significant
environmental effects that will result
if the project is approved, those
mitigation measures identified in
(Attachment A, Exhibit 4) shall be
incorporated into the proposed project,
and all significant environmental
effects that can feasibly be mitigated
or avoided have been eliminated or
reduced to an acceptable level, and that
the remaining unavoidable significant
effects, when balanced against the facts
set forth in said Statement of
Overriding Considerations (Attachment A,
Exhibit 3), giving greater weight to the
unavoidable environmental effects, are
acceptable;
Adopt Resolution No. 83 -92 approving the
Res 83 -92
- amendment to the Land Use Element of the
Newport Beach General Plan (Attachment
A, Exhibit 5);
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Volume 37 - Page 274
COUNCIL MEMBERS
LL ALL
L'
•
Ayes
Noes
•
CITY OF NEWPORT BEACH
MINUTES
September 12, 1983
INDEX
Approve the Traffic Study with the
GPA 82 -2/
Findings and subject to the Conditions
Tfk Study/
as recommended by the Planning
Resub 752/
Commission (Attachment C);
Site Pln Rv
32
Sustain the action of the Planning
Commission and approve Resubdivision No.
752 with the Findings and subject to the
Conditions as recommended (Attachment
C);
Sustain the Action of the Planning
Commission and approve Site Plan Review
No. 32 with the Findings and subject to
the Conditions as recommended
(Attachment C);
AND
That prior to the issuance of any
grading permit, a sum of $125,000 shall
have been deposited with the City. In
addition, a balance of $713,170 shall be
deposited with the City prior to
occupancy of the hotel; and further,
that Condition No. 39 of Site Plan
Review be deleted, and the Offsite
Parking Agreement come back to City
Council for review.
Council Member Strauss expressed his reasons
for not supporting the motion, and other
Council Members remarked in favor of the
project.
x
x
x
x
x
x
The motion was voted on and carried.
x
4. Public hearing regarding the VACATION OF A
Vacation/
PORTION OF 32ND STREET SOUTH OF WEST BALBOA
32nd St
BOULEVARD. Also involved is the purchase of
(90)
right -of -way from the City of Newport Beach;
the dedication to the City of Newport Beach
right -of -way; the acceptance of bonds and
agreements; the approval of an agreement
related to City Council Policy P -1; and the
approval of the Final Map of Tract No. 11906,
inal Map
a request of MAX MORGAN, Newport Beach, to
Tr 11906/
approve a final map subdividing 1.695 acres
Max Morgan
of land into eight lots for residential
condominium development; one lot for
residential duplex development; located at
120 -32nd Street, on the southwesterly side of
West Balboa Boulevard between 31st Street and
33rd Street in West Newport; zoned R -2, was
presented.
Report from Planning and Public Works
Departments, was presented.
Volume 37 - Page 275
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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September 12, 1983
MINUTES
INDEX
Motion
x
Discussion ensued with respect to proposed
Cncl Policy
All Ayes
amendments to City Council Policy P -1 (Mello
P- 1(Mello
Bill Guidelines) and its effect on the
Bill)
subject development. Therefore, motion was
(69)
made to consider Agenda Item I -2 (Mello
Guidelines) at this time.
PROPOSED AMENDMENTS TO CITY COUNCIL POLICY
P -1 (MELLO BILL GUIDELINES), was presented.
Report from City Attorney Burnham was
presented, wherein it was noted that the
first project processed by the City pursuant
to the Mello Bill and Council Policy P -1, is
a 17 -unit residential condominium development
proposed by Max Morgan. The City Council has
Y
approved a Tentative Tract Map for that
project, and as a condition of approval of
the project, has imposed a requirement that
two affordable units be provided on site.
Council Policy P -1, as presently worded„
requires the City and the developer enter
into a written agreement with respect to the
affordable units.
Mr. Burnham stated that during the public
hearings before both the Planning Commission
and the City Council, members of each body
raised questions as to the appropriate
contents of the agreement. The answers to
those questions were not found in the
existing guidelines, and staff was directed
to prepare the Agreement, as well as
•
revisions to the existing Guidelines, and
submit both to the Council for approval.
Mr. Burnham pointed out that the only major
difference between these Guidelines and those
previously submitted to the Council is a
shift, from City staff to the developer of
the responsibility for qualifying and
selecting the occupants of the affordable
units. This shift in responsibility has been
accompanied by a requirement that the
developer implement a qualification selection
process which will be fair to all applicants.
He summarized the important changes, as
enumerated in his report.
The City Manager noted that the Planning
Commission has reviewed the proposed changes
and recommended approval.
In response to comments made by Council
Member Strauss, the City Attorney stated that
the agreement with Max Morgan has a provision
that the units remain affordable for at least
10 years rather than 5 years, as set forth in
the guidelines.
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Volume 37 - Page 276
COUNCIL MEMBERS
;In�� September 12, 1983
ROLL C.hl I
MINUTES
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Motion
x
Following discussion, motion was made to
Cncl Policy
approve Council Policy P -1 as amended, with
P- 1(Mello
.
the revision that Item K on page 12 of the
Administrative Guidelines and Item K on page
Bill)
18 of the Administrative Procedures read as
follows:
"A provision that Developer, and all
successors -in- interest, maintain the
units as affordable for at least 10
years from the date on which the units
are first available for occupancy,
unless the developer can demonstrate
to the City Council that a shorter
period of affordability is, given the
circumstances of the project,
appropriate."
Council Member Strauss suggested that the
maker of the motion include in the revision
that "Any agreement that provides for a
period of affordability of less than 10 years
shall be reviewed and approved by the City
Council," to which Council Member Cox agreed.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
At this time the Council resumed the public
Vacation/
hearing on the request of Max Morgan for a
32nd St
VACATION OF A PORTION OF 32ND STREET SOUTH OF WEST
BALBOA BOULEVARD.
The City Manager summarized the report from
the Planning and Public Works Departments.
Mayor Hart opened the public hearing and
asked if anyone wished to be heard. Hearing
no response, the public hearing was closed.
Motion
x
Motion was made to:
Ayes
x
x
x
x
x
x
Abstain
x
Adopt Resolution No. 83 -93 ordering the
Res 83 -93
vacation of a portion of 32nd Street
south of West Balboa Boulevard. The
vacation to be conditioned upon the
recordation of Final Subdivision Map No.
11906; and make the findings as
recommended in the staff reports;
Direct the City Clerk to have the
Resolution of Vacation recorded by the
Orange County Recorder;
I
Approve the sale of excess right =of -way
along the 32nd Street extension to be
purchased at fair market value of
$22,400 prior to recordation of the
Final Map of Tract No. 11906;
Accept the offer of the dedication of
street and alley rights -of -way as shown
on the Final Map of Tract No. 11906;
Volume 37 - Page 277
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
0¢�9 �GS���
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MINUTES
T17 01 *-W4
Approve the Subdivision Agreement
Vacation/
guaranteeing the completion of public
32nd St
improvements required with Tract No.
11906, and authorize the Mayor and City
Clerk to execute the agreement;
Accept the offer of a Grant Deed for
Balboa Boulevard and 31st Street
Rights-of-Way from Morgan Development,
Inc.;
Approve the Agreement between the City
of Newport Beach and Morgan DevelopmenX,
Inc., related to City Council Policy
P -1.;
AND
Approve the Final Map of Tract No.
11906, incorporating by reference any
Findings and Conditions recommended by
the Planning Commission.
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule for
Public Hearing on September 26, 1983:
(a) Proposed ORDINANCE NO. 83 -24, being,
Ord 83 -24
Zoning
AN ORDINANCE OF THE CITY OF NEWPORT
(94)
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 63 SO AS TO
RECLASSIFY PROPERTY FROM THE
UNCLASSIFIED DISTRICT TO THE
PLANNED COMMUNITY (P -C) DISTRICT,
PLANNING COMMISSION AMENDMENT NO. 590, a
PCA 590
request of The Irvine Company, Newport
Beach, and the Metropolitan Water
District of Southern California, Los
Angeles, to amend the Harbor View Hills
Planned Community Text so as to include
2.4 acres of the Metropolitan Water
District Reservoir site (Annexation No.
89) within the boundaries of the Planned
Community and designate said land for
reservoir caretakers' use. The proposal
also includes the addition of a 1.1 acre
site (Resubdivision No. 734) for three
custom residential lots, to Area 11 of
the Planned Community, and the
acceptance of an Environmental Document.
i
Volume 37 - Page 278
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
COUNCIL
S$ 1 g�j
,A� y� kg' GC September 12, 1983
®ni i rwi � INDEX
The proposal will also amend a portion
of Districting Nap No. 63 so as to
reclassify both sites from the
Unclassified District to the Planned
Community (P -C) District. (Report from
the Planning Department)
2. RESOLUTIONS FOR ADOPTION: None.
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2396 to Coy Atkins
16th StUtil/
Construction in the total bid price of
Garage Bldg
$66,454; and authorize the Mayor and
-2396
City Clerk to execute said contract for
(38)
Garage Building, 16th Street Utilities
Service Yard. (Report from Public
Works)
(b) Award Contract No. 2384 to Capistrano
Desilting
Construction Co. for $72,415; and
Basin/Big
authorize the Mayor and City Clerk to
Canyon Res
execute said contract for Desilting
-2384
Basin at Big Canyon Reservoir. (Report
(38)
from Public Works)
(c) Award Contract No. 2316 to Gillespie
Oasis Prk
Construction for the total bid price of
rdg/ 5th
$243,074.50; and authorize the Mayor and
St Impvm
City Clerk to execute said contract for
C -2`316
Oasis Park Grading and 5th Avenue Street
(38)
Improvement between Jasmine and
Narcissus Avenues. (Report from Public
Works)
(d) Award Contract to Wilson V. Woodman and
Prfsnl /Tch
Associates for architectual services to
Bldg
design the Professional /Technical
C -2414
Building in the amount of $72,000 fixed
(38)
fee and a reimbursable allowance of
$15,000. (Report from Building
Director)
4. COMMUNICATIONS - For referral as indicated:
(a) To City Clerk to communicate Council's
0/C Health
reconfirmation of the City's
Ping
tepr6�entative to the Assembly on the
(54)
Orange County Health Planning Council,
as William Cunningham.
(b) To City Attorney /Planning Department for
Bus Lic/
response, complaint regarding Novaks
Novaks
"The Place," from Elizabeth Sickles.
(27)
(c) To Business License /Police Department
G &W Towg
for response, complaint regarding.0 & W
(70)
Towing from Gary Keller.
Volume 37 - Page 279
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAt o¢�ROLL September 12, 1983
MINUTES
iwnry
(d) To Aviation Committee for inclusion in
0 /C -J /Wyn
the records, letters from Kay Pryor,
Arprt
Mrs. Stroller White, Central Newport
(54)
Beach Community Association, Mrs. & Mrs
Daniel Gilliland and John Carcey
°'
regarding John Wayne /Orange County
Airport.
(e) To General Services for response, letter
General Serv/
from Charles Smoot regarding trash
Trash
barrels during trash pickup at 304 Grand
(44)
Canal.
(f) To the Pending Legislation and
Legislation
Procedural Ethics Committee, request for
(48)
City input regarding Cigarette Tax,
Charter City Revenue vs. State
Subvention from Culver City Mayor
Richard R. Brundo.
(g) To staff for approval, State Department
CA State/
of Parks and Recreation, Office of
Prks & Rec
Historic Preservation request that the
(28)
Balboa Pavilion be designated in the
North Register of Historic Places.
(h) To Public Works for response,
Upper Bay
communication from Newport Beach
Rd /PW
Rentals /Tours, Inc., regarding Upper Bay
(74)
Road.
(i) To Pending Legislation and Procedural
Legislation
Ethics Committee, letters from State
(48)
Senator John Seymour regarding AB 8
deflator as it impacts cities and
counties.
(j) To the Police Department for inclusion
PD
in their records, letter from Mrs.
(70)
Berniece Boggs regarding the recent
Register article on Jim Woods, President
of the Corona del Mar Chamber of
Commerce.
(k) To staff for response, notification from
Civic Ctr/
J. B. Sbepardson that the building
Bldg & Ping
currently occupied by the
(35)
Planning /Building Departments is for
sale.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Al "King Alfonso" Lizanetz regarding his
ongoing campaign against Seagram
Distillery.
(b) Orange County Local Agency Formation
Commission Minutes of August 10, and
Preliminary Agenda for September 14,
1983.
a
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\A1 o�� s p 1F�"F�Gtpl September 12, 1983
MINUTES
INDEX
(c) For Council consideration, request from
Orange County Health Planning Council
for nominations for Assembly -at -Large
positions and Board of Directors.
(d) Orange County League of California
Cities' Minutes of August 11, and
Tentative Agenda for September 15, 1983.
(e) Applications before the California
Public Utilities Commission:
1) Application No. 83 -08 -46
Trailways, Inc. and American
Buslines, Inc.;
2) Application No. 83 -08 -42
Southern California Edison Company;
3) Amended Telepak Application No.
82- 11 -03; and
4) Application of Country Club
Limousines (Ronald L. Miller) for
certificate of public convenience
and necessity.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Stephen M. Albertson for property
tlbertson
damage, as the result of claimant's
parked vehicle being hit by City truck
on LaJolla Street on July 7, 1983.
(b) Andrew A. Brooks for property
Brooks
damage /personal injuries as the result
of his vehicle being rear -ended by
another vehicle, allegedly due to faulty
warning flasher light at Balboa
Boulevard on June 11, 1983.
(c) Environmental Leasing, Inc., for
Environments.
property damage, as a result of
Leasing, Inc
claimant's vehicle involved in accident
with City refuse truck on curved roadway
inside the Bonita Canyon Dump on June
30, 1983.
(d) Celia Forrester for alleged personal
Forrester
injuries as a result of fall over raised
piece of concrete which was obscured
from sight by coloration at Jamboree
Road and Bayside Drive pedestrian
pathway on July 9, 1983.
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Volume 37 - Page 281
COUNCIL MEMBERS
\rA1 �'��9
September 12, 1983
ROLL
MINUTES
INDEX
(e) Lupe Hilton for equitable
Hilton
indemnification for slip and fall
accident, wherein Helen Brice Smith fell
•
at, or near dividing line of certain
properties owned by Lupe Hilton at
Q
423 -25 Thirty -first Street (claim of
Helen Brice Smith was denied by Council
on January 11, 1982).
(f) Blake Hinman for property damage as the
Hinman
result of being rear -ended on Pacific
Coast Highway, northbound by a driver
who was rear -ended by City employee on
August 2, 1983.
(g) Howard T. Melum for property damage
Melum
alleging Fire Truck backed into front of
his vehicle at 31st Street and Newport
Boulevard on August 7, 1983.
(h) Cecil Weaver for property damage
Weaver
alleging loss of tire due to parking lot
spikes at Corona del Mar State Beach
Parking Lot on June 3, 1983.
(i) Michael St. Pierre served with complaint
St. Pierre
for damages in connection with claim of
Daniel and Susan Thrower for wrongful
death at Pacific Coast Highway east of
Tustin, near Cano's on July 11, 1983,
based on theory of negligence on the
part of the City.
•
(j) Ralph Salcido for property damages
Salcido
alleging right window of vehicle will
not roll down and door cannot be
unlocked from within, claiming damage
done by Harbor Towing at Lake Street,
between 37th and 38th Streets, August
14, 1983.
7. SUMMONS AND COMPLAINTS: None.
8. REQUEST TO FILL PERSONNEL VACANCIES: (Report
(66)
from the City Manager)
(a) One Equipment Mechanic I, Equipment
Maintenance Division.
(b) One Emergency Equipment Dispatcher,
Police Department.
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Accept DONATION FROM NEWPORT HARBOR AREA
NH /ChCmrc
CHAMBER OF COMMERCE; and direct staff to
(30)
prepare necessary Budget Amendment.
(Report from Parks, Beaches and
Recreation Director)
•
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\CAL\1 �
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MINUTES
iuncu
(b) Accept report from the Tidelands Affairs
Balboa Ycht
Committee ( BALBOA YACHT BASIN
Basin Mntnc
MAINTENANCE OPERATION CLASSIFICATION);
(51)
and request staff to prepare the
necessary Budget Amendments.
v
�
(c) RECOMMENDATION FROM AVIATION COMMITTEE.
Cncl Aviatn
TO DECLINE, AT THIS TIME, THE
Committee
INTER - COUNTY AIRPORT AUTHORITY'S
(24)
INVITATION. (Report from Executive
Assistant to the City Manager)
(d) FOLLOWUP REPORT REGARDING RUBY'S
Balboa Pier
RESTAURANT - ON SITE BEER AND WINE
Concession/
SALES. (Report from Executive Assistant
dba Ruby's
to the City Manager)
C -2326
(38) (38)
(e) REQUEST OF THE AMERICAN RED CROSS TO
CONDUCT A BLOOD DONATION PROGRAM IN THE
Organz/Red
ANNEX CONFERENCE ROOM. (Report from
Cross
Executive Assistant to the City Manager)
(61)
(f) WITHDRAWAL OF APPEAL OF AMERICAN CANCER
Permit /Amer
SOCIETY (APPLICANT) TO SELL BEER AND
Cancer Soc
WINE AT THE NEWPORT DUNES. (Attached)
(65)
(g) HARBOR AREA EMERGENCY EVACUATION PLAN.
O /C- EMA /Hrbr
(Report from Executive Assistant to the
Evac Pln
City Manager)
(54)
10. PUBLIC HEARING SCHEDULING - For September 26,
1983:
(a) APPEAL OF BOA CHRISTIANSON, dba BALBOA
U/P 3042
BAKERY, USE PERMIT NO. 3042 on property
(88)
located at 301 Main Street, to establish
a take -out restaurant facility with
incidental dining in the Balboa Bakery
on property located in the C -1 District;
and a request to waive all of the
required offstreet parking spaces for
said take -out restaurant (this project
has been determined that it is
categorically exempt under the
requirements of the California
Environmental Qualities Act).
(b) AMBULANCE RATE INCREASES.
Ambulance
(22)
11. Removed from the Consent Calendar.
12. BAYFRONT BULKHEAD SEALING AND SIDEWALK
Bayfrnt Blkhd
GROUTING (C -2404) - Approve the plans and
Slg /Sdwlk
specifications; and authorize the City Clerk
C -2404
to advertise for bids to be opened on
(38)
September 29, at 11:00 a.m. (Report from
Public Works)
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COUNCIL MEMBERS
\r!\1%Rn ��y) September 12, 1983
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13. ACCEPTANCE OF 1982 -83 STREET AND ALLEY
Resurfcg Prg/
RESURFACING PROGRAM (C -2355) - Accept the
St & Alley
work; and authorize the City Clerk to file a
'82 -83
•
Notice of Completion and release the bonds 35
C -2355
days after Notice of Completion has been
(38)
J
filed. (Report from Public Works)
14. ACCEPTANCE OF 1982 -83 SLURRY SEAL PROGRAM
Seal /Slurry
(C -2354) - Accept the work; and authorize the
Prg '82 -83
City Clerk to file a Notice of Completion and
C -2354
release the bonds 35 days after Notice of
(38)
Completion has been filed. (Report from
Public Works)
15. HARBOR PERMIT APPLICATION 11124 -3400 BY DUNCAN
Harbor Perm
MCINTOSH TO TEMPORARILY REVISE A SECTION OF
pl#124 -3400
THE COMMERCIAL DOCKS AT LIDO VILLAGE -
(51)
Approve the application subject to the
conditions listed in the staff report.
(Report from Marine Department)
16. CITIZENS TRAFFIC ADVISORY COMMITTEE - Accept
CT /AC
with regret the resignation letter from
(24)
Gordon Young; City Clerk has posted vacancy
notice.
17. NEWPORT BEACH BEAUTIFICATION COMMITTEE -
NBB /CAC
Accept with regret the resignations (memo
(24)
submitted by Staff Liaison) of Laverne
Schvarz, Richard Forney, and Bror Monberg;
City Clerk has posted vacancies.
18. SOUND AMPLIFICATION PERMIT BY BALBOA
ermit /Bal
•
PENINSULA POINT ASSOCIATION BOARD - Approve
Pnsla Pt
request for September 25, 1983 from 4:00 -
(65)
7:00 p.m., as recommended by staff.
19. BUDGET AMENDMENTS - For approval:
(25)
BA -022, $3,500 Transfer in Budget
Appropriations to purchase two Chlorine
Emergency Kits and one Air Pac Breathing
Apparatus to correct violations of Uniform
Fire Code; Water Fund.
BA -023, $2,645 Transfer in Budget
Appropriations for Special Refuse Collection
for Corona del Mar. September 17 and 24,
1983; General Services (Refuse) Fund.
BA -024, $5,200 Transfer in Budget`
Appropriations from Building Excise Tax Fund
to Recreation Fund for purchase of four -wheel
drive tractor; Building Excise Tax Fund.
BA -025, $11,200 Transfer in Budget
Appropriations for purchase of four -wheel
drive tractor; Park and Recreation Fund.
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\CAL\L 9 ���gG�A��
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MINUTES
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BA -026, $13,750 Increase in Budget
Appropriations and Revenue Estimates to
provide for California Energy Commission Fuel
Efficient Traffic Signal Grant; General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Craig Hampton, Architect, Pacific Building
Enchrm Perm/
Concepts, addressed the Council and requested
1508 WOcnFrnt
reconsideration of Consent Calendar Item No.
(65)
F -11 - APPEAL FROM A DENIAL BY THE STAFF OF
AN APPLICATION FROM KURTIS R. SANDHOFF TO
CONSTRUCT PRIVATE ENCROACHMENTS IN AN
IMPROVED ALLEY ENDING AT THE OCEAN FRONT
ADJACENT TO 1508 WEST OCEAN FRONT, BALBOA
(Report from Public Works).
Motion
x
Motion was made to reconsider the appeal.
All Ayes
Kurtis R. Sandhoff, owner of a new house
located at 1508 W. Ocean Front, addressed the
Council regarding his desire to construct
raised decking, raised planters, a ramp, and
a stairway, encroaching a maximum of 11 feet
into a 25- foot -wide alley, and having a
maximum height of 32 inches above the
existing alley pavement.
Mr. Sandhoff distributed photographs of the
area in question, and cited his reasons for
appealing the denial. He stated that the
problems on the street would be corrected by
.
the subject encroachments and urged approval.
It was noted in the staff report that denial
of the application was based on provisions of
Council Policy L -10, "Private Encroachments
in Public Ways Ending at Ocean Front or at
Newport Bay," and it was felt that the raised
planters and raised decking will tend to
create the impression that the area public
right -of -way so covered is private property.
Motion
x
Motion was made to deny the appeal.
The Director of Public Works stated that
Council Policy L -10 is very lengthy and
contains different portions applicable to
street and alley endings at the Ocean Front.
He stated that there are some types of
landscaped improvements permitted on the
street endings at the Ocean Front subject to
maintaining vehicular access between them.
Provisions pertaining to alleys, however, do
not provide for those same type of
encroachments. He indicated that the staff
felt the subject encroachments were rather
substantial structural encroachments in
addition to simply landscaping.
Ayes
The motion was voted on and carried.
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H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 83 -23, being,
Ord 83 -23
Mech Blowers
AN ORDINANCE OF THE CITY OF NEWPORT
Garbage /Ltr
1
BEACH AMENDING CHAPTER 6.04.055 OF THE
(44)
NEWPORT BEACH MUNICIPAL CODE RESTRICTING
THE HOURS OF OPERATION OF MECHANICAL
BLOWERS,
was presented for second reading.
Motion
x
Motion was made to adopt Ordinance No. 83 -23.
All Ayes
I. CONTINUED BUSINESS:
1. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE.
BT /CAC
(24)
Motion
x
Motion was made to confirm (District 1)
All Ayes
Council Member Strauss's appointment of
Lawrence Spitz for term ending December 31,
1983.
2. PROPOSED AMENDMENTS TO CITY COUNCIL POLICY
Cncl Plcy
P -1 (MELLO BILL GUIDELINES).
(69)
(See Official Minute Pages 276 - 277 for
Council action)
J. CURRENT BUSINESS: None.
9ion
K. ADDITIONAL BUSINESS:
x
1. Motion was made to schedule public hearing on
/P 1677(A)
All Ayes
Use Permit No. 1677(A) and Variance No. 1106,
& Var 1106
Stuft Noodle Restaurant for September 26,
1983.
2. Request of EL RANCHITO RESTAURANT FOR SPECIAL
El Ranchito
EVENTS PERMIT to erect tent for Mexican
es /Permit
Independence Day, September 16, 1983.
(65)
Sergio and Salvador Avila of E1 Ranchito
Restaurant addressed the Council regarding
their request. They stated that this was the
first year their permit has been denied by
the Police Department. They stated that they
intend to hire a special security group to
ensure that the celebration does not violate
any of the City ordinances.
The City Manager advised that on August 29,
`
1983, the application was submitted to the
License Department, and immediately
transmitted to the Police Department where it
was recommended for denial by three
divisions. It was stated by the Police
Department in their report that the past two
Volume 37 - Page 286
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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ROLL
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INDEX
special events have resulted in increased
El Ranchito
problems, specifically on May 5, 1983, in
Res /permit
which three drunks were arrested and numerous
other intoxicated individuals were contacted
in the area. In addition, the management was
(�
uncooperative and unable to control the
V
alcohol- related problems.
Lt. Petersen of the Police Department, stated
that the subject application was denied
through normal course of investigation for
Special Events Permits. He stated that the
tent is the main problem, as there is a
tendency toward overcrowding.
Motion
x
Following discussion, motion was made to deny
Ayes
x
x
x
x
x
x
the request.
Abstain
x
The meeting adjourned at 10:40 p.m.
ayor
ATTEST:
City Clerk
Volume 37 - Page 287