HomeMy WebLinkAbout01/23/1984 - Regular MeetingC0TY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
.® S REGULAR COUNCIL MEETING
�gG��$���G l,� PLACE: Council Chambers
�P TIME: 7:30 P.M.
p F l DATE: January 23, 1984
Rem i rai i J' INDEX
Present
x
x
x
x
x
x
x
A. ROLL CALL.
on
x
B. The reading of the Minutes of the Meeting of
Ayes
January 9, 1984 was waived, approved as
written, and.ordered 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
U/P 3058
hearing and City Council review of an appeal
Novak's P1
by ROBERT F. NOVAK, Corona del Mar, from the
(88)
approval by the Planning Commission on
October 6, 1983, of USE PERMIT NO. 3058, a
request to reestablish a restaurant with
on -sale alcoholic beverages, known as
"NOVAK'S PLACE," on property located at 2920
East Coast Highway, on the easterly side of
East Coast Highway, between Heliotrope Avenue
and Iris Avenue in Corona del Mar; zoned C -1.
Report from the Planning Department.
Letter from applicant's Attorney, E. E.
Cl.abaugb, Jr., requesting that the appeal be
withdrawn, was presented.
M ation
x
Motion was made to close the public hearing
Ayes
and accept appellant's request for
withdrawal.
2. .Mayor Hart opened the public hearing and City
U/P 3033
Council review of an appeal by HARVEY D.
Pease
PEASE from the approval of USE PERMIT NO.
(88)
3033, recommended by the Planning Commission
at its meeting of November 10, 1983, to
permit the construction of a four unit
residential condominium development and
related garage spaces in an R -3 District.
Proposal also includes a request to allow a
portion of the development to exceed the 28
ft. height limit on the rear one -half of the
lot located in the 28/32 Foot Height
Limitation District, and the
acceptance of an Environmental Document.
Property located at 311 Carnation Avenue, on
the northwesterly corner of Carnation Avenue
and Bayside Drive, northeasterly of Seaview
Avenue in Corona del Mar.
Report from the Planning Department, was
presented.
A map was displayed depicting the areas
proposed to exceed the height limit, and the
location of appellant's property in relation
thereto.
Volume 38 - Page 15
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL\L ROLL
January 23, 1984
MINUTES
II' 191 *1
Harvey Pease, appellant, 314 Carnation
U/P 3033
Avenue, stated that he intented to make this
Pease
site his permanent home, and that the
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proposed development would not contribute to
the overall beauty of the City. He stated
that because of the size of structure, their
view would also be impaired. He referred to
a letter from Steven Crooke, owner of 307
Carnation Avenue, regarding his concerns
relating to the existing slope and a
topographical survey.
Wendell Rylee, part owner of the subject
property and architect for the project,
stated that he concurred with the
recommendations contained in the staff
report. He stated that the property was
resurveyed and minor adjustments were made.
He also talked to Mr. Crooke following the
Planning Commission hearing, who stated he
was not opposed to the project. He also
stated that Mr. Pease had to obtain variances
on his property because Mr. Pease exceeded
the lower and upper height limits. He noted
that if they stayed within the 28' height
limit, it would not affect Mr. Pease's
property because it is "down- hill."
Mr. Pease spoke in rebuttal stating that the
development would cause severe hardship, that
the property value will deteriorate, and that
his view would be adversely affected.
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Hearing no others wishing to address the
Council the public hearing was closed.
Motion
x
Council Member Strauss made reference to
Ayes
x
Findings No.'s 6 and 10, indicating he could
Noes
x
x
x
x
x
x
not support them and therefore, made a motion
to overrule the decision of the Planning
Commission and deny the project, which motion
FAILED.
Motion
x
Motion was made to sustain the recommendation
Ayes
x
x
x
x
x
x
of the Planning Commission and approve Use
Noes
x
Permit No. 3033 with the Findings and subject
to the Conditions of Approval, as set forth
in the staff report.
3. Mayor Hart opened the public hearing
PCA 596
regarding PLANNING COMMISSION AMENDMENT NO.
(94)
596, a request of the PACIFIC MUTUAL LIFE
INSURANCE COMPANY, Newport Beach, to amend
the Planned Community Development Standards
for the Block 800 Planned Community in
Newport Center so as to establish car wash
and auto detailing facility in Area 1.
Property located on the northeasterly side of
Santa Barbara Drive between San Clemente
Drive and Newport Center Drive in Newport
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Center; zoned P -C.
Volume 38 — Page 16.
COUNCIL MEMBERS
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o¢ �� KGs
dni ,A ��(�� January 23, 1984
MINUTES
INDEX
Report from the Planning Department, was
PCA 596
presented.
Roger Torriero, representing the applicant,
stated that they concurred in the
recommendations set forth in the staff
report. He explained the proposed car wash
operation, and answered questions of the
Council.
Hearing no others wishing to address the .
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No. 84 -8
Res 84-8
All Ayes
amending the Planned Community Development
Standards for the Block 800 Planned Community
in Newport Center.
4. Mayor Hart opened the public hearing and City
PCA 598
Council review of PLANNING COMMISSION
(94)
AMENDMENT NO. 598, a request of NEWPORT
CENTER MEDICAL BUILDINGS, Newport Beach, to
establish a Planned Community Development
Plan and Development Standards for Block 400
of Newport Center. The proposal also
includes a request to amend portions of
Districting Maps No. 49 and 50 so as to
reclassify said property from the C -O -H
District to the P -C (Planned Community)
District, and the acceptance of an
Environmental Document;
AND
RESUBDIVISION NO. 766, a request of NEWPORT
Resub 766
CENTER MEDICAL BUILDINGS, Newport Beach, to
(84)
resubdivide four existing parcels of land
into two parcels for medical office purposes
and related parking (Parcels No. 1 and 2);
one parcel exclusively for medical office
purposes (Parcel. No. 3); and one parcel
exclusively for parking structure purposes
(Parcel No. 4);
AND
USE PERMIT NO. 3078, a request of NEWPORT
U/P 3078
CENTER MEDICAL BUILDINGS, Newport Beach, to
(88)
permit the construction of an 80,000± sq.
ft., seven -story medical office development
and related parking structure in a
portion of Block 400 of Newport Center. The
proposal also includes a request for a
portion of the required offstreet parking to
be located on the roof of the parking
structure. Property located at 356 San
Miguel Drive, on. the northeasterly side of
San Miguel Drive between Newport Center Drive
and Avocado Avenue, in Newport Center.
Report from the Planning Department, was
presented.
Volume 38 - Page 17
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Motion
0
x
AN WIWI
�ain I x l xi x I xI x I I x
MINUTES
January 23, 1984
Frank Rhodes, General Partner of Newport PCA 598/
Center Medical Buildings, stated that he was Resub 766/
in agreement with the recommended conditions U/P 3078
of approval.
Dick Nichols, 519 Iris Avenue, addressed the
Council and stated that the proposed facility
would use up all the traffic capacity on
Pacific Coast Highway through Corona del Mar,
and therefore, the Carnation School project
will exceed the! Traffic Phasing Ordinance on
Pacific Coast Highway.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made: to sustain the
recommendations of the Planning Commission;
accept the Negative Declaration based upon
the Initial Study as having been prepared in
accordance with the California Environmental
Quality Act (CEQA), the State CF.QA Guidelines
and City Council Policy K -3, and certify that
the data was considered in the final decision
on the project; introduce Ordinance No.
84 -3, establishing a Planned Community
Development Plan and Development Standards
for Block 400 of Newport Center, and amending
a portion of Districting Maps No. 49 and 50
so as to reclassify said property from the
C -O -H District to the P -C (Planned Community)
District, and pass to second reading on
February 13, 1984 (Planning Commission
Amendment No. 598); approve Resubdivision No.
766 with the Findings and subject to the
Conditions as recommended; and approve Use
Permit No. 3078 with the Findings and subject
to the Conditions as recommended.
The City Manager reviewed the Fair Share
contributions to the City for this project,
noting that the project meets the Traffic
Phasing Ordinance; that the applicant will
provide for 502 of the cost of a traffic
signal at San Miguel and Newport Center
Drive; that they will participate towards the
construction of certain sound attenuation
barriers, and will contribute to the City's
general street improvement program; the
dollar amount to be given to the City Council
on February 13.
Council Member Strauss stated that he did not
object to the proposed medical building, but
that he was neither going to support, nor
oppose the project, as he originally opposed
General Plan Amendment No. 81 -2 (Newport
Center).
The motion was voted on and carried.
Volume 38,- Page 18
Ord 84 -3
P -C Dvlpm
Pln /Dvlpm
Stndrds
Npt Ctr
C9TY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALL0 A �� ��G0 January 23, 1984
ROLL
MINUTES
INDEX
E. PUBLIC COMMENT'S:
None.
•
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR. INTRODUCTION - Pass to second
reading on February 13, 1984:
(a) Proposed ORDINANCE NO. 84 -4, being,
Ord 84 -4
Revenue/
AN ORDINANCE OF THE CITY OF NEWPORT
Finance
BEACH AMENDING THE MUNICIPAL CODE
(40)
BY ADDING THE HEALTH FACILITIES
REVENUE BOND LAW, (CHAPTER 3.26)
THEREBY ESTABLISHING PROCEDURES
WHEREBY REVENUE BONDS MAY BE ISSUED
BY THE CITY FOR THE PURPOSE OF
PROVIDING FINANCING TO
PARTICIPATING HEALTH CARE
FACILITIES FOR SPECIFIED PURPOSES.
(Letter to Mayor Hart from Hoag
Memorial Hospital and report from
City Manager)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 84 -7 honoring Robert
O/C-League
Haskell for his years of service as
Executive. Director of the Orange County
Res 84 -7
(61)
Chapter of the League of California
Cities.
(b) Resolution No. 84 -9 requiring vehicles
Traffic /Stop
to stop at specified locations in the
Blue Gum/
City of Newport Beach (Blue Gum Lane,
Grove Lanes
and Grove•Lane at Westcliff Drive and
Res 84 -9
Evening Canyon Road at Seaward Road).
(85)
(Reports from Public Works Department.
and Traffic Affairs Committee)
3. CONTRACTS /AGREEMENTS:
(a) Authorize. Mayor and City Clerk to
PD /Ofcl Towg
execute Service Agreement with Harbor
C -2147
Towing as an Official Police Tow Truck
(38/70)
Operator. (Report from Executive
Assistant to the City Manager)
(b) Award Contract No. 2375 to FAV
Sidwlk /Tree.
Engineering for $48,609.25 for Sidewalk
Rplcm BalPns
and Tree Replacement; Balboa Peninsula;
C -2375
and authorize the Mayor and City Clerk
(38)
to execute said contract. (Report from
Public Works)
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Volume 38 - Page 19
CITY OF BEACH
COUNCIL MEMBERS
(n�ft`,p January 23, 1984
MINUTES
INDEX
(c) Award Contract No. 2424 to Weeger Bros.,
Pfsnl /Techn
Inc., 15641 Product Lane, Unit
Bldg
A4- Huntington Beach, CA 92649, for
C -2424
$700,120.00 for Professional and
(38)
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Technical Building Construction; and
authorize the Mayor and City Clerk to
execute said contract. (Report from the
Building Director) /(See Budget Amendment
054)
4. COMMUNICATIONS - For referral as indicated:
(a) To Fire Department for inclusion in the
Fire Dpt
records, letter of commendation and
(41)
thanks from Charles and Dee Dee Masters
for a job well to Captain Wells and his
firemen during recent fire at 2700 E.
Coast Highway.
(b) To Public Works for response, petition
PW /Alley
from John Westrem, and additional
paving
petiton received after the agenda was
(74)
printed, from property owner of the
Bouzy Rouge, requesting that the alley
abutting their property be paved.
(c) To Parks, Beaches and Recreation
PB &R /Wedge
Commission for report back, petition
closing
regarding consideration to change the
(62)
closing of Ocean Front Beach from the
"Wedge" to the "E" Street access, from
Midnight to 10 p.m.
•
(d) To Traffic Engineering for response,
Trfk /Signals
letter from Bruce Hopping regarding
PCH /CdM
traffic signal malfunctioning along the
(85)
Pacific Coast Highway and requesting an
update from the City when this situation
will be corrected.
(e) To City Attorney for response, request
CAtty /Bolsa
from Amigos de Bolsa Chica for
Chica
notification to address the City Council
(31)
should the Signal Landmark Bolas Chica
Resolution be brought before them for
consideration.
(f) To Pending Legislation and Procedural
Legislation)
Ethics Committee, regarding City of Seal
Jarvis Intv
Beach Resolution No. 3342 'Opposing the
Prpty tx
Howard Jarvis Sponsored Constitutional
(48)
Amendment Initiative to Article XIII -A
of the California Constitution Relating
to Property Taxation.
•
Volume 38 - Page 20
COUNCIL MEMBERS
\rAl 1 ��`January 23, 1984
ROLL
MINUTES
170 11 *4
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
•
(a) Copy of letter from Yorba Linda City
Clerk to Orange County Transportation
Commission regarding the lack of
information available on a light -rail
system, or alternative method to the
residents of Orange County.
(b) Local Agency Formation Commission 1984
Filing and Hearing Schedule; Minutes of
December 14, 1983; and Preliminary
Agenda for February 1, 1984.
(c) Application No. 83 -12 -053 of Southern
California Edison Company before the
California State Public Utilities
Commission, for authority to increase
rates charged by it for Electric
Service.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Vincent Di Biasi alleging property
Di Biasi
damage to vehicle by City refuse truck
on December 31, 1983, adjacent to 502'
Poinsettia, Corona del Mar.
(b) Charles Folk for property damage to his
Folk
parked vehicle, which was hit by City
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Police unit on January 1, 1984.
(c) Barbara Forello alleging property damage
Forello
to refuse container by City crew on
December 8, 1983 at 613 Begonia Avenue,
Corona del Mar.
(d) Katherine A. Minkoff alleging personal
Minkoff
injuries as a result of police arrest on
October 5, 1983 at 102 McFadden Place.
(e) Robert .Shelton for property damage and
Shelton
seeking reimbursement for repairs to
driveway allegedly caused by City
vehicles, on May 21, 1.983 at 4700 Surrey
Drive, Corona del Mar.
(f) Terri Guy Tellam for personal injuries
Tellam
as result of being struck by vehicle
while bicycling on October 11, 1983 at
33rd Street, between Seashore and Balboa
Boulevard, alleging no posting of safe
alternate bicycle route.
Volume 38 - Page 21
COUNCIL MEMBERS
\A1 a¢���A� January 23, 1984
n0LL
MINUTES
INOFY
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's referral to
•
the claims adjuster:
(a) Barbara and Donald J. Chambers for
Chambers
personal injuries, Orange County
Municipal Court, Case No. 62943. Claim
i
was denied by City Council on November
28, 1983.
(b) Samuel Jones for personal injuries,
Jones
Orange County Superior Court, Case No.
39- 93 -30. Claim was denied by City
Council on June 28, 1982.
(c) Margaret Triola (Petition for Order
Triola
Relieving Petitioner from Provisions of
Government: Code Section 945.4), Orange
County Superior Court, Case No.
41- 82 -19. Claim was denied by City
Council on November 14, 1983.
8. REQUEST TO FILI. PERSONNEL VACANCIES: (Report
(66)
from the City Manager)
(a) One Maintenance Matt II, General Services
Department:.
(b) One Emergency Equipment Dispatcher,
Police Department.
(c) One Police Clerk I, Police Department.
•
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) AUTHORIZATION TO SOLICIT FUNDS - 1984
PB &R /Arts
SALUTE TO THE ARTS. (Report from Parks,
(62)
Beaches and Recreation)
(b) APPLICATION FORM FOR CITY COUNCIL POLICY
Cncl Policy
F -20 - RESERVE FUND FOR CULTURE AND
(69)
ARTS. (Report from Parks, Beaches and
Recreation)
(c) Report from City Attorney regarding
City Atty/
CITY'S PARTICIPATION IN TIDELANDS
Ltgtn
LITIGATION (AMIGOS DES BOLSA CHICA V.
(31)
SIGNAL PROPERTIES). (Attached)
(d) Report from City Attorney regarding
O'Donnel/
APPROVAL OF ATTORNEY'S FEES FOR
Gordon /Atty
O'DONNELL AND GORDON - JANUARY 1, 1984
Fees C -2331
THROUGH FEBRUARY 29, 1984. (Attached)
(38)
(e) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - February 13,
1984:
(a) Request for Certificate of Public
P/D /Towing
•
Convenience and Necessity from Irvine
Mesa Towing.
Volume 38 - Page 22
COUNCIL MEMBERS
��en�o�c ��
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MINUTES
January 23, 1984
INDEX
11. ACCEPTANCE OF SEWER MAIN REPLACEMENT PROGRAM
Swr Mn Rplm
1982 -83 (C -2360) - Accept the work; and
'82 -83 Prgr
authorize the City Clerk to file a Notice of
C -2360
Completion and release the bonds 35 days
(38)
after Notice of Completion has been filed.
(Report from Public Works)
12. ACCEPTANCE OF IRVINE AVENUE STREET AND
Irvine Av
BIKEWAY IMPROVEMENTS (C -2318) - Accept the
St & Bkwy
work; and authorize the City Clerk to file a
C -2318
Notice of Completion and release the bonds 35
(38)
days after Notice of Completion has been
filed. (Report from Public Works)
13. AGREEMENT FOR NONSTANDARD IMPROVEMENTS, TRACT
Tract 11935
11935 - Approve an Agreement for nonstandard
textured concrete pavement at select
locations within Tract 11935 (located at 2700
Pacific View Drive); and authorize the Mayor
and City Clerk to execute /record said
agreement with the Orange County Recorder.
(Report from Public Works)
14. APPROVE FINAL MAP OF TRACT NO. 12035 -
Tract 12035
Incorporating by reference the Finding and
Condition recommended by the Planning
Commission; approve a Subdivision Agreement
guaranteeing completion of the public
improvements required with Tract No. 12035;
and authorize the Mayor and City Clerk to
execute said agreement. (Report from the
Planning Department)
15. GENERAL PLAN AMENDMENT NO. 83 -1(c) -
GPA 83 -1(c)
Authorize the expansion of General Plan
(45)
Amendment No. 83 -1(c), an amendment to the
Newport Beach General Plan for property
located adjacent to Medical Lane, so as to
reclassify said property from
"Multiple- Family Residential" uses to
"Administrative, Professional and Financial
Commercial" uses; and direct the Planning
Commission to consider said expanded
amendment at its hearing scheduled for
February 9, 1984. (Report from the Planning
Department)
16. TELEPHONE SYSTEM STUDY - Authorize the Mayor
Telephone
and City Clerk to execute Consulting
Sys Stdy/
Agreement with Earline Reeves and Associates;
Reeves &
and approve Budget Amendment No. 055 in the
Assoc.
amount of $9,000 for the preparation of
6-2430
Telephones Systems Specifications and Request
(38)
for Proposals. '(Report from Executive
Assistant to the City Manager)
Volume 38 - Page 23
COUNCIL MEMBERS
\rAL\1 � ��� A��
9�P �F � P January 23, 1984
ROLL 'POP
MINUTES
INDEX
17. ENVIRONMENTAL QUALITY CITIZENS ADVISORY
EQ /CAC
COMMITTEE - Accept with regret the
(24)
(
resignation of James L. Turner, effective
•
January 11, 1984.
18. BUDGET AMENDMENTS - For approval:
(25)
BA -052, $3,150 Increase in Budget
Appropriations and Revenue Estimates for
donations from private sector for Salute to
the Arts; Nondepartmental Fund.
BA -053, $14,245 Increase in Budget
Appropriations to overhaul sound system in
the City Council Chambers; Nondepartmental
Fund.
BA -054, $1,005,000 Increase in Budget
Appropriations for construction of
Professional and Technical Building; General
Fund.
BA -055, $9,000 Transfer in Budget
Appropriations to provide for Consulting Fees
- Telephone Survey; Nondepartmental Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the.City Attorney regarding
Rutan /Tucker
REQUEST OF RUTAN° & TUCKER FOR INCREASE IN
Davis Ltgtn
DAVIS LITIGATION FEES, was presented.
C -2170
(38)
Council Member Strauss discussed the proposed
•
increase from $9�O per hour to $110 per hour,
stating it was a. 22% increase, which he felt
was somewhat high.
The City Attorney recommended that the rate
increase be granted in part, whereby the $90
hourly fee be retained for work performed by
an associate; but that the fee for a partner
be approved at $110 per hour. He stated that
70% to 80% of the work being performed on the
housing lawsuit"is being done by associates.
However, as time draws nearer to trial, more
time will be spent on the case by the
partners.
In response to question raised by Mayor Pro
Tem Maurer, the City Attorney stated that the
fees proposed is; the "going rate," and is as
close as he could calculate for this type of
litigation.
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Volume: 38- Page 24
COUNCIL MEMBERS
\&I 'r 7�A�� � G 9��Js' January 23, 1984
MINUTES
t I
Motion
x
Motion was made to accept the recommendation
All Ayes
of the City Attorney and approve the rate of
$90 per hour for work performed by
•
associates; and $110 per hour for partner.
In' addition, that the staff explore
alternatives with respect to negotiation of
fees for legal services for major and /or
long -term projects.
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 84 -1, being,
Ord 84 -1
Election/
AN ORDINANCE OF THE CITY OF NEWPORT
Campaign
BEACH AMENDING CHAPTER 1.25 OF THE
Contribution
NEWPORT BEACH MUNICIPAL CODE REGARDING
(39)
.CAMPAIGN CONTRIBUTIONS,
was presented for second reading and
adoption, with report from City Attorney,
dated January 17, 1984.
Council Member Strauss stated that when the
subject ordinance was introduced on January
9, 1984, it included the approval of Option
B, rather than Option C, which he had
supported. He stated that he was still in
favor of Option C, and felt that input should
be received from various organizations prior
to final adoption.
The City Attorney reviewed the difference
.
between Options B & C as follows:
Option B Would restrict only the
amount that could be
contributed to candidates
and controlled
committees, and prohibits
against anonymous
contributions.
Option C - Would restrict the amount
that could be contributed
to candidates, controlled
committees, and
committees, and imposes a
prohibition against
anonymous contributions.
Carol Ann Bradford, 5 Surfside, Candidate for
U.S. Congress -40th District, addressed the
Council and requested an amendment to the
subject ordinance, which would not only limit
the amount an individual can contribute to a
candidate or campaign committee, but also
would limit the amount that could be given to
an independent committee working in behalf of
a candidate.
Chris Goelitz, representing Common Cause,
•
addressed the Council and stated she felt
there was a "loophole" in Option B with
Volume 38 - Page 25
COUNCIL MEMBERS
\A[ o �, � � 9A G � g(� %P January 23, 1984
ar,1 1
MINUTES
INDEX
respect to independent committees, and
Election/
therefore, would favor Option C, which limits
Campaign
the amount an individual or a group can
Contribution
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contribute to an independent committee.
Allan Beek, 1945 Sherington, President of
Mariners Community Association and a member
of Common Cause, addressed the Council and
requested clarification of certain sections
of the existing and proposed ordinance, to
which the City Attorney responded. He stated
that he also endorsed the comments made by
the two previous speakers. Mr. Beek stated
that, if the ordinance is adopted as
introduced, the City Council "will hear more
about it."
Mayor Hart pointed out to Mr. Beek, and for
the benefit of those in the audience, that
the Election Procedure Review Ad Hoc
Committee appointed to study the subject
ordinance consisted of a judge, member of
Common Cause, three Council members and the
City Attorney, and the recommendations
presented were as a result of that committee.
In addition, portions of the proposed
ordinance will now be in conformance with
State law.
Council Member Strauss stated that he did not
feel the Council clearly understood Option C
at the last meeting, and suggested it be
•
given reconsideration.
The City Attorney summarized the provisions
of both the existing and proposed ordinance,
and answered questions of the Council.
Don Hunter, 39 Channel Road, addressed the
Council, and stated he was glad to see the
issue of campaign contributions being given
such serious consideration.
'
James Gage, 919 Bayside Avenue, addressed the
I
Council and urged approval of Option C. He
also cited an article that he and members of
the Grand Jury had prepared in 1976 -77
regarding the conduct of public officials.
Charles Griffin., 732 Bison Avenue, and Sid
Soffer, 900 Arbor, Costa Mesa,,also addressed
the Council regarding the campaign
contribution ordinance.
Motion'
x
I-
In view of the foregoing comments, motion was
Ayes
'
x
x
x
x
x
made to reactivate the Election Procedure
Noes-
x
x
Review Ad Hoc Committee for a period of
60 -days, to reconsider the proposed
ordinance, and to report back to the City
Council on March 26, 1984 for reintroduction,
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or second reading of said ordinance.
Volume 38 - Page 26
COUNCIL MEMBERS
IVc� �
o¢�� y��A�9�G�
ROLL
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Motion
All Ayes
Motion
All Ayes
Green
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( - f•) : i v
MINUTES
January 23, 1984
INDEX
Ord 84 -2
Bus Lic/
Massage Prlr
(27)
CAC
(24)
CTAC
EQ /CAC
NB /CAC
TO /CAC &
CIVIL SERV
BD
(24)
2. ORDINANCE NO. 84 -2, being,
AN ORDINANCE OF THE CITY OF NEt4PORT
BEACH AMENDING TITLE 5 CHAPTER 5.50 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO MASSAGE PARLORS,
I
was presented for second reading and
adoption, with :report from City Attorney
dated January 4, 1984.
x
Motion was made to adopt Ordinance No. 84 -2.
I. CONTINUED BUSINESS:
1. APPOINTMENTS TO THE CITIZENS ADVISORY
COMMITTEES FOR A ONE -YEAR TERM EXPIRING
DECEMBER 31, 1984.
Updated list of members for Council
consideration was presented.
x
Motion was made to confirm the following
action:
CITIZENS TRAFFIC ADVISORY COMMITTEE
(District :2) Council Member Plummer's
appointment deferred to February 13,
1984.
ENVIRONMENTAL QUALITY CITIZENS ADVISORY
COMMITTEE
(District :3) Mayor Hart's appointment
was deferred to February 13, 1984.
NEWPORT BEAUTIFICATION CITIZENS ADVISORY
COMMITTEE
(District :3) Mayor Hart's appointment of
Edward P. Benson was confirmed.
(District G) Council Member Agee.'s
appointments deferred to February 13,
1984.
2. TECHNICAL OIL ADVISORY COMMITTEE AND CIVIL
SERVICE BOARD VACANCIES:
TECHNICAL OIL ADVISORY COMMITTEE
(4 -year term)
-
Nominee Hans Lorenz was assigned the
green light:, and nominee Paul Romano was
assigned the red light to determine
method of voting.
x
x
x
x
x
x
x
The.City Clerk announced that Hans Lorenz had
been reappointed.
Volume: 38 - Page 27
INDEX
Ord 84 -2
Bus Lic/
Massage Prlr
(27)
CAC
(24)
CTAC
EQ /CAC
NB /CAC
TO /CAC &
CIVIL SERV
BD
(24)
CUTY OF NEWPORT BEACH
COUNCIL MEMBERS
\CA[ �� �ROLL G %P January 23, 1984
MINUTES
1171
CIVIL SERVICE BOARD
(To fill the unexpired term of Michael
•
i
�
T. Mitchell, ending June 30, 1986)
The green light was assigned to nominee Otto
i
Schroeder; white light to nominee Jim de
Boom; and red :Light to nominee Donald Preston
ix
to`determine method of voting.
Green
I x
x
x
x
x
The City Clerk announced that Otto Schroeder
Red
x
had been appointed.
3. APPOINTMENT OF TWO COUNCIL MEMBERS TO THE AD
Cncl Ad Hoc
HOC COMMITTEE O STUDY CORONA DEL MAR TRAFFIC
Cmte /Stdy
CONDITIONS.
Com Tfk Cods
(24)
Motion
x
Motion was made to a
appoint Council Members
All Ayes
r
Agee and Cox to said committee.
4. Reports from the Executive Assistant to the
O/C -John
City Manager, and the Aviation Committee
Wayne Arprt
regarding JOHN WAYNE AIRPORT JOINT POWERS
(54)
AGREEMENT, were presented.
Various letters regarding the Town Hall
Meeting /Airport Binding Agreement, were
presented.
The City Clerk reported that four additional
letters had been received regarding the
binding agreement from Kent Moore, Pat and
Robert Harrington, William Burke, and the
Lido Isle Community Association.
The City Manager advised that on January 17,
the Aviation. Committee met and considered
approximately 20 modifications to the
proposed Binding Agreement, 18 of which are
being recommended for approval. It was the
Aviation Committee's recommendation that the
Binding Agreement be approved as modified,
and that the Mayor transmit the amended
agreement to the Board of Supervisors with an
appeal to the Board to approve the agreement.
Also, that the staff be directed to forward
the agreement to the FAA with appropriate
information supporting a finding that the
agreement is consistent with Federal law and
urging the FAA to make such a finding.
Council Member Strauss, Chairman of the
Aviation Committee, emphasized that the
Binding Agreement is being recommended for
approval, contingent upon receiving
information from the FAA that they are in
basic agreement: with the document, and that
it is not something they will not accept.
Volume 38 - Page 28
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAl ROLL ��
January 23, 1984
MINUTES
Wr%r v
Ken Delino, Executive Assistant and Airport
0/C -John
Coordinator, responded to correspondence
Wayne Arprt
received from the Lido Isle Community
•
Association pertaining to: 1) Alternate
'
airport site; 2) Size of airport terminal; 3)
l
Noise control; and 4) Safety and pollution.
Ill
I
The following persons addressed the Council
regarding the proposed Binding Agreement:
Ralph Clock, 116 Via Havre, complimented
the Aviation Committee for all their
work on the Binding Agreement, and urged
the Council to approve the document at
this time. He stated he felt this would
enable the City to keep this issue '
alive.
Stewart Williams, 1748 Bayport, stated
he felt the Council could improve upon
the Binding Agreement and that it would
be a "travesty" to adopt it at this
time.
Ruth Jameson, 216 Via Ithaca.,
distributed a map showing departure and
arrival flight paths at John Wayne
Airport and discussed the need for an
alternate site.
Al Graham, member of the Airport
I
Advisory Commission, urged the Council
.
to adopt the Binding Agreement at this
time.
George Oshner, 1834 Leeward, expressed
his opposition to any increase in
flights and urged that the issue of
safety be addressed.
Allan Beek, 1945 Sherington, stated he
Celt the Binding Agreement should be
amended and that the public be given
another opportunity for input.
Clarence Turner, 1507 Antigua Way, urged
the Council to adopt the Binding
Agreement at this time, and that the
staff solicit support from other cities
and civic organizations for transmittal
to the Board of Supervisors.
Dick Nichols, President- Corona del Mar
Community Association, reiterated his
statements set forth in his letter of
January 17, 1984, to the City Council.
regarding opposition to and suggestions
for the Binding Agreement.
Volume 38 - Page 29
CaTY OF NEWPORT BEACH
COUNCIL MEMBERS
\�$�� `G����
$����ip January 23, 1984
ROLL
MINUTES
INDEX
Carl Willis Longyear, 215 Via San Remo,
O/C-John
discussed the subject of an alternate
Wayne Arprt
site and asked questions of the legal
counsel regarding enforcement of the
Binding Agreement.
Lee Mallory, President - Central Newport
Beach Community Association, indicated
he felt more.provisions should be
included in the Binding Agreement with
respect to safety, and that there should
not be any increase in flights.
Susie Picker, 110 -9th Street, discussed
the impact on traffic if flights are
increased, and suggested the agreement
not be approved at this time.
Charles Griffin, 732 Bison Avenue,
discussed noise laws, new type aircraft
engines, and scheduled night flights.
Gerald Odegaard, 1632 Pegasus Avenue,
Santa Ana Heights, discussed noise and
safety in relation to Santa Ana Heights.
Tom Williams, 1708 Starlight Circle,
stated he concurred with Mr. Nichols'
suggestion to restrict the length of the
runways at the airport and discussed the
need for additional safety measures. He
also asked questions of the legal
•
counsel regarding certain language in
the agreement, and the enforcement
thereof.
Mayor Hart, in response to questions raised
by Mr. Williams, noted that SPON had
submitted a request that the agreement be
amended on page 5, line 16, adding the
following language, . . . "to service the
majority of Orange County's air travel
demand." She stated this was SPON's primary
concern.
Joe Jorgensen, 1517 Highland Drive, read
a letter from William Patrick,
Co- chairman of Airport Action Committee,
suggesting revisions to the binding
agreement and endorsing all of SPON's
recommendations.
Sid Soffer, 900 Arbor, Costa Mesa,
indicated he felt the ideal location for
a regional airport would be in the
desert.
•
Volume 38 - Page 30
_r '� (4)F:
{' F �� {"
COUNCIL MEMBERS
0¢��
January 23, 1984
MINUTES
INDEX
Motion
x
Motion was made to approve the Binding
O/C-John
Agreement with the 18 recommendations of the
Wayne Arprt
•
Aviation Committee, and in addition, that
page 5, line 16, be revised to add the
language, . "with facilities to handle air
traffic in excess of air traffic capacity at
John Wayne Airport."
Council Member Strauss expressed opposition
to the motion and suggested the Council
straw -vote each recommendation of the
Aviation Committee.
In view of the foregoing, Council Member Agee
withdrew his motion.
Motion
x
Following further comments, motion was made
to accept the recommendations of the Aviation
Committee, as set forth in their report.
Reference was made to Recommendation No. 7 of
the summary sheet by Council Member Strauss,
wherein he suggested the word "development"
be replaced by the word "construction." He
stated he had no objection to the language in
the agreement itself, but did desire the
summary description to reflect the word
11construction."
All Ayes
There being no objections to the above, the
motion was voted on and carried.
on
x
Motion was made to amend page 5, line 16,
adding the following language after the word
"airport,11. . . "with facilities to handle air
traffic in excess of air traffic capacity at
John Wayne Airport ". .
Following discussion, and there being no
objections, the above wording was revised by
the City Attorney to read, . . .11 to serve a
major portion of the air transportation
demand in Orange County" .
All Ayes
The motion was voted on and carried.
Motion
x
Motion was made to adopt Resolution No.
Res 84 -10
84 -10, conditionally- approving the Joint
Powers Agreement, and to direct the Mayor to
transmit amended agreement to the Board of
Supervisors with an appeal to the Board to
approve the agreement; and further, to direct
the staff to forward the agreement to the FAA
with appropriate information supporting a
finding that the agreement is consistent with
Federal law and urging the FAA to make such a
finding.
Volume 38 - Page 31
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
�A
ROL ���G�� January 23, 1984
.0
All Ayes
Motion
All Ayes
•
Motion
All Ayes
Motion
All Ayes
Motion
Ail Ayes
MINUTES
INDEX
i/C -John
Iayne Arprt
krts Cmsn
(24)
U/P 3072
TTMap 2079/
U/P 3075/
RDPrmt 4
PCA 599/
CdM Schl St
In response to Council inquiry, Steve Pflaum,
partner with O'Donnell and Gordon law firm,
legal counsel for the airport, stated that
the City Council had received a 141 page
opinion from their firm on the legal effect
and enforceability of the proposed Binding
Agreement. In essence they conclude that,
subject to FAA approval, the Agreement will
be enforceable under Federal and State law.
In addition, they believe the Agreement will
be binding on future Boards of Supervisors
and future City Councils. They have also
concluded that in their judgment, the
Agreement better serves the City's interest
in controlling the growth of John Wayne
Airport than without the Agreement. Also,
the recommendations of the Aviation
Committee now included in the Agreement do
not alter the Agreement, in their opinion, as
to enforceability.
The motion was voted on and carried.
I
{
J. CURRENT BUSINESS:
1. ARTS COMMISSION VACANCY.
x
Motion was made to confirm the following
-
nominations of the Appointments Committee for
appointment on February 13, 1984, to fill the
unexpired term of Susan Spiritus ending June
30, 1987:
Bunny B. Crosson
and
Francie L. Hansen
K. ADDITIONAL BUSINESS:
x
1. Scheduled, public hearing on February 13, 1984
regarding Use Permit No. 3072, The Park Bar
and Grill.
x
2. Scheduled public hearing on February 27,
1984, Council review of Residential Coastal
Development Permit No. 4; Application of
Rumney Enterprises for Tentative Map of Tract
12079 and Use Permit No. 3075, regarding a
14 -unit residential condominium development.
x
3. Scheduled public hearing on February 27,
1984, Council review of Planning Commission
Amendment No. 599, Corona del Mar Elementary
School Site.
Meeting adjourned at 11 :55 p.m.
ATTE or oo-
City Clerk
Volume 38 - Page 32
INDEX
i/C -John
Iayne Arprt
krts Cmsn
(24)
U/P 3072
TTMap 2079/
U/P 3075/
RDPrmt 4
PCA 599/
CdM Schl St