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HomeMy WebLinkAbout02/13/1984 - Regular MeetingCOUNCIL MEMBERS .O Sys REGULAR COUNCIL MEETING qG'��o¢�� �9�$Cn� PLACE: Council Chambers (n 'A TIME: 7:30 P.M. (n tf9 DATE: February 13, 1984 PAI 1 MINUTES Iklnuv Dennis Mueller and Mayor Hart presented diplomas � - e on behalf of Mayor Angara of the Phillipines to five Corona del Mar High School students in recognition of the Surfing Educational Cultural ` Exchange Program. 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 January 23, 1984, was waived, approved as revised on pages 24 (Item G.1, paragraph two, second sentence to read "increase from $90 per hour to $110 per hour ") and 29 (paragraph three to read "Ralph Clock, 116 Via Havre,.. "), and ordered filed. 4otion 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 1987 hearing and City Council review of USE PERMIT (88) N0. 1987, the revocation of which was recommended by the Planning Commission at its meeting of December 8, 1983, being a previously- approved use permit of ALBERT MARDIKIAN ENGINEERING, INC. /TREND IMPORT SALES, INC., which allowed the establishment of an automobile sales and service facility in the C -1 -H District. Said recommended revocation proceedings are for failure to comply with required Conditions of Approval. Property located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across from the, Balboa Bay Club; AND Public hearing and City Council review of an U/P 1987(A)/ appeal of ALBERT MARDIKIAN ENGINEERING, Resub 763/ INC. /TREND IMPORT SALES, INC., from action Variance taken by the Planning Commission on December 1107 8, 1983 in conjunction with RESUBDIVISION NO. 763, USE PERMIT' NO. 1987 (AMENDED), AND VARIANCE NO. 1107; a request to establish one building site and eliminate interior lot lines where four lots currently exist so as to allow alterations to an existing automobile sales facility; a request to amend a previously - approved use permit by expanding the existing auto sales facility and establish a separate automobile service facility, including a modification so as to allow the use of tandem spaces; and a request to waive a portion of the required offstreet parking in conjunction with the expanded use. Volume 38 - Page 33 CITY OF NEWPORT BEACH COUNCIL MEMBERS \&I ?�. S 1 d'J 0 �GV 0 ��� 50 OO GOtn February 13, 1984 �nl t P 9 MINUTES INDFX Report from the Planning Department, was U/P 1987/ presented. 1987(A)/ Resub 763/ • Appeal application with explanation from Var 1107 applicant, was presented. It was noted that the Planning Commission, at its meeting of December 8, 1983, voted unanimously to recommend to the City Council that Use Permit No. 1987 be revoked for failure of the applicant to comply with Condition No. 6 imposed on April 23, 1981, which requires: "That prior to the issuance of the use permit, the applicant shall dedicate to the City for street and highway purposes, the applicant's interest in a 12- foot -wide strip of land adjacent to the Coast Highway and across the Coast Highway frontage. The strip is to be used in the future for the widening of West Coast Highway." It was further noted that the Planning Commission did approve the new Use Permit, as amended, and the Resubdivision. Leo Aregian, Attorney representing the applicant, addressed the Council and requested 15 to 30 minutes for his presentation. �on x Motion was made to allow Mr. Aregian 20 A17 Ayes minutes for his remarks. a Mr. Aregian staged that he felt the staff report contained several misrepresentations. He stated he bad not become a party to these proceedings until just recently, with the exception that tie was involved in the lease assumption in 15181. He stated he was representing the applicant on all matters under consideration. He stated that from 1955 to 1980 the site has been used as an automobile agency and in 1980 it was leased to Commodore Yacht Sales for 15 years. However, the lease only lasted one year. In March 1981 this matter was referred to him by Trend Imports. He submitted a letter dated March 18, 1981 from Philippe Stoner of . Commercial Brokers, Inc., regarding the lease assignment at 1200 W. Coast Highway, which had not been included in the staff material. Mr. Aregian gave a brief history of his involvement with this item, and also discussed Mr. St:oner's letter of January 5, 1984, which, in his opinion, sets forth certain misrepresentations made by John Allison at the December 8, 1983 Planning Volume 38 - Page 34 CITY OF NEWPORT BEACH COUNCIL MEMBERS ��� %tom \%p February 13, 1984 ROLL f'6.1I 'Q MINUTES awnsv Commission meeting. Reference was made to U/P 1987/ Condition No. 6, wherein Mr. Aregian stated 1987(A)/ that the City staff was coercing the Resub 763/ • applicant into giving away 12 feet of land, Var 1107 or its interest in 12 feet of land, for no 0 consideration whatsoever. In conclusion, Mr. Aregian stated that the conditions imposed with the resubdivision were not acceptable. He stated that they did not feel a resubdivision was necessary, and therefore, withdrew their application for a resubdivision and variance. He stated that the Variance application was approved with some 26 conditions, 25 of which he felt were oppressive and intolerable. He stated he did not feel it was "just" to revoke the original Use Permit, and urged favorable consideration of their request. In response to question raised by the Assistant City Attorney, Mr. Aregian stated that they are also withdrawing their amended Use Permit. The Assistant City Attorney advised that with respect to the dedication requirement, where each instance has taken place, it may be consistent with the policy, but it is essentially based on the facts relating to each of the particular uses. As long as the use itself will generate a certain amount of activity which would warrant some City response, then the City has every legal authority to impose such a requirement. Regarding the amended use permit and variance, if in fact the applicant wishes to withdraw these, then it means that the applicant has no legal right to pursue any of the benefits that it would have otherwise accrued from the grant given by the Planning Commission. Richard Nichols„ 519 Iris Avenue, Corona del Mar, stated that he attended the Planning Commission hearings regarding this item. He stated it was his understanding that the only interests that have been dedicated to the City along Coast: Highway were leasehold interests, and not fee - simple interests. He stated there was quite a difference between the two. He discussed the future widening of Coast Highway, and stated he did not feel the Council should set a precedent of requiring people to donate: land to the City because they live along a busy street. He felt that if land is acquired, it should be done through the courts with compensation for same. • Volume: 38 - Page 35 COUNCIL MEMBERS R(11 1 ��,p �� Gtf� February 13, 1984 MINUTES INDEX Philippe Stoner, President, Commercial U/P 1987/ Brokers, Inc., 1313 Morningside, Laguna 1987(A) • Beach, gave his understanding of the facts when he represented Mr. Mardikian before the Resub 763/ Var 1107 Planning Commission in 1981, with respect to the Use Permit. I Hearing no others wishing to address the Council, the public hearing was closed. The City Manager stated that with the withdrawal of the resubdivision, variance and amended use permit, the Council is now dealing with the issue of the original use permit. He stated he felt there were two alternatives for consideration: 1) to uphold the recommendation of the Planning Commission for noncompliance of the conditions imposed; or 2) to overrule the recommendation of the Planning Commission, letting the use permit stand, and direct staff to seek compliance with all conditions of the 1981 use permit. Following discussion, there was a request to reopen the public hearing, and hearing no objections, it was so ordered. Mr. Aregian stated that regarding the encroachment of the covered parking structure on the adjoining property, they have recently ascertained that the contractor who built the structure was In error, and did cross the property line. Their only recourse is to • have that portion that encroaches on the adjoining property removed in the immediate future, and they are making plans for that now. He stated. that they do not intend to comply with the conditions imposed with respect to the retroactive request for a resubdivision, but will rely upon the permit that was issued.. The owner of the adjacent property addressed the Council and'. stated he had no objections to the request, providing the encroachment is removed in the very near future as promised. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made: to overrule the decision of the Planning Commission and allow Use Permit 1987 to stand. In addition, the staff was directed to obtain compliance with all the conditions imposed with said use permit. In response to Council Member Strauss, the Assistant City Attorney stated that it would be their recommendation as well, to seek court relief to enforce all the conditions that were originally imposed. A Ayes The motion was voted on and carried. Volume 38 - Page 36 COUNCIL MEMBERS ¢� � 1 A �9 G S � February 13, 1984 ROLL F MINUTES INDEX 2. Mayor Hart opened the public hearing and City U/P 3072 Council review of USE PERMIT NO. 3072, a (88) request of LOOMIS FOODS, INC., Corona del • Mar, to reconsider the action of the Planning Commission in conjunction with the Conditions of Approval for the "PARK BAR AND GRILL" Restaurant. The proposed development includes a full service bar, an addition of an open patio for dining and drinking purposes, and for the use of live entertainment within the restaurant facility. The proposal also includes the acceptance of an Offsite Parking Agreement, which will provide additional restaurant parking spaces. Property located at 2515 East Coast Highway, on the southeasterly corner of East Coast Highway and Carnation Avenue, in Corona del Mar; zoned C -1. Report from the Planning Department, was presented. Letter dated February 7, 1984, from attorney representing applicant, requesting withdrawal of public hearing, was presented. The City Clerk :reported that after printing the agenda, a Latter had been received from Carl Oberto, owner of properties at 619 and 621 Carnation Avenue, in opposition to the request. • Robert Longacre, 701 Carnation Avenue, stated he resides across the street from the subject restaurant. He commented that it is a high- volume bar open 7 days a week. He stated that there have been two hit - and -run, accidents involving parked cars, and that there is not adequate offstreet parking. He stated that City property has been damaged and there have been numerous disturbance calls, all between the hours of 1 and 3 a.m. He stated he felt the Use Permit should be revoked and a complete review be made of the subject matter. Rick Loomis, one of the owners of the Park Restaurant, stated that they do provide offstreet parking, and that he did not agree with many of the statements made by Mr. 'Longacre. He stated he did not feel it was fair that he be required to close at 12 midnight five nights out of seven, when other similar establishments were allowed to remain open until 2 a.m. He also stated that closing early creates a hardship on their livelihood. He requested that consideration be given to closing Sunday through Wednesday at 12 midnight, rather than Sunday through Thursday. Volume 38 - Page 37 MAW61 O I COUNCIL MEMBERS 9c�� f Gy9���9 GiP February 13, 1984 MINUTES INDEX In response to the City Attorney, Mr. Loomis U/P 3072 stated that he felt the conditions imposed by the Planning Commission were reasonable, with the exception of the 12 midnight closure on Thursday. He also stated that he would abide by all the conditions imposed. He also G commented that he felt people patronized his establishment because of the food, and not because of alcoholic beverages. In response to Council Member Strauss, Mr. Loomis stated that business on Wednesdays and Thursdays was about the same with.respect to gross profit. Richard Nichols, President, Corona del Mar Community Association, addressed the Council and referred to their letter in support of the Planning Commission's recommendation to restrict the hours of operation. He stated that he also agreed with many of the comments made by Mr. Longacre. He stated that the restaurant has been expanded considerably, but that no additional parking has been provided. He discussed traffic problems in the area, and cited numerous traffic accidents. Donald Augustine, 2431 Fourth Street, stated that he lives approximately 50 yards from the Park Restaurant, and that he has had to call, the Police Department 12 times in the last few months because of noise and disturbances. • He urged the Council to restrict the hours as recommended by the Planning Commission. Al Learned, 2515 Pacific Coast Highway, stated that he has a music studio to the rear of the Park Restaurant, but because of the increased traffic, his business has suffered. He also discussed the need for additional parking. Mark Cohen, Controller for the Park Restaurant, stated that in an attempt to alleviate the parking problem, they have rented Shermans Gardens parking lot for parking. They are also providing valet parking service for lunch and dinners. He stated that they have applied for, and complied with all necessary City permits.' Dorothy Swanson, 2515 Pacific Coast Highway, stated that she has a dance studio at this location, and that business is down two - thirds because of the parking problem in the area. She is also close to losing three of her teachers because of congested parking. She stated that she lives near the restaurant as well, and has been awakened many times because of noise. Volume 38 -.Page 38 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0f ��,Q �� GtP February 13, 1984 gtAl rAl MINUTES INDEX Hearing no others wishing to address the U/P 3072 Council, the public hearing was closed. I�n x Motion was made: to sustain the decision of x x x x the Planning Commission and allow applicant Noes x x x to continue to serve lunch for 90 days, during which time applicant is to make every effort to locate and develop an offsite parking arrangement to the satisfaction of the staff and review by City Council; and further, that an additional finding be added; language to be provided by the City Attorney, with respect to vested rights. 3. Mayor Hart opened the public hearing and City Variance Council review of an appeal by HOWARD CHACE 1108 AND VICTOR ORDAZ, Newport Beach, from the (91) approval by the Planning Commission on January 5, 1984, of VARIANCE NO. 1108, a request to permit alterations to an existing second dwelling; unit located on an R -2 lot, which is nonconforming relative to required offstreet parking. The proposed alterations include the conversion of a substandard one -car garage into additional living.area. Property located at 130 -39th Street, on the southeasterly corner of West Balboa Boulevard and 39th Street: in West Newport. Report from Planning Department, was presented. Application from appellants and letter • requesting continuance, was presented. iy It was noted that the applicant's request to Ilf continue the public hearing was for some time in March in order to prepare their appeal. Motion x Motion was made: to continue the public hearing to February 27, 1984. Howard Chace, 436 -62nd Street, applicant, stated that he needed a postponement because. of legal ramifications. He also stated that the subject structure has not been occupied in over five years, and is unoccupied at the present. All Ayes In view of the foregoing comments, the maker of the motion changed the public hearing date to be continued! on March 12, 1984. 4. Mayor Hart opened the public hearing Vacation/ regarding VACATION OF TWO FIVE -FOOT WIDE - Swr Easmt SEWER EASEMENTS LOCATED NORTHERLY OF CLAY Clay /Snug STREET AT SNUG HARBOR AND AT PIRATE ROAD. Harbor & Pirate Rd' Report from Public Works, was presented. (90) • Volume 38 - Page 39 COUNCIL MEMBERS OLL \rAL g, G A An y Motion All Ay • • CITY OF NEWPORT BEACH MINUTES February 13, 1984 In, 11* es ordering the vacation of two five -foot sewer easements located northerly of Clay Street at 4 Snug Harbor and Pirate Roads; and direct the City Clerk to have said resolution recorded by the Orange County Recorder. 5. Mayor Hart opened the public hearing PD /Towing regarding REQUEST FOR CERTIFICATE OF PUBLIC Irvine Mesa CONVENIENCE AND NECESSITY BY IRVINE MESA (70) TOWING, pursuant to Newport Beach Municipal Code Section 5.13. Report from Executive Assistant to the City. Manager, was presented. The City Manager recommended that this hearing be continued to February 27, 1984 due to lack of required technical information. x Motion was made to continue the public es hearing to February 27, 1984. 6. Mayor Hart opened the public hearing CATV /Penalty regarding introduction and first reading of (42) proposed ordinance, being, AN ORDINANCE OF OF THE CITY OF NEWPORT BEACH AMENDING THE MUNICIPAL CODE BY ADDING CERTAIN SECTIONS REGARDING THE MAINTENANCE OF SERVICES, SUBSCRIBER COMPLAINT PROCEDURES, AND PENALTIES RELATING TO COMMUNITY ANTENNA TELEVISION. Report from Executive Assistant with ordinance, was presented. Letter from William and Susan McLaughlin, was presented. Letter from Group W dated February 7, with response from Executive Assistant, was presented. The City Clerk ,advised that after the agenda was printed, two additional letters were received from Roy Kunkle, 2315 Pacific Drive, and Mrs. Jill Lindsay, 4 Balboa Coves, expressing dissatisfaction with Group W service. The City Manager stated it is being recommended that the City's Municipal Code regulating cable television franchises be modified as follows: Volume 38 - Page 40 Hearing no one wishing to address the Council, the public hearing was closed. x M Motion was made to adopt Resolution No. 84 -13 R Res 84 -13 COUNCIL MEMBERS C0 G Motion Ayes Abstai: 0 • �. - MINUTES February 13, 1984 INDEX 1) That the regulations be strengthened CATV /Penalty to require companies to maintain adequate telephone capability to answer complaints;; 2) That most service calls be made within 24 hours, and in no case more than 72 hours; 3) That complaint logs be kept; 4) That testing in response to numerous or persistent complaints be required; and 5) That a penalty be required of up to $1,000 for failure to comply with City regulations,. It was recommended the proposed ordinance be revised (Item (b), Page 2) by inserting the word "recording" after the word "telephone" as requested by Group W. Richard J. Waterman, District Manager, Group W Cable, addressed the Council and requested ten minutes for his presentation. x Motion was made to grant the request. x x x x x x i x Mr. Waterman stated they believe that amending their :franchise without their mutual consent is neither enforceable, nor constructive. lie stated they feel the ordinance is unreasonable and strongly oppose It. Mr. Waterman distributed a handout containing information regarding: 1) Complaints received through the City Manager's Office, 1983; 2) Complaints received by the City resulting from December- January, 1984 Citizens Reporter Newsletter; 3) Complaints received by the City resulting from December- January 1984 Citizens Reporter Newsletter, sorted by construction phase; 4) 1984/5 -Phase Rebuild; 5) Cost and channels available with Group W system, as compared with Community Cable TV. Volume 38 - Page 41 COUNCIL MEMBERS \CAL\LgG��y�9 �GeD+19 • 0 Motion All Aye 40 MINUTES February 13, 1984 111"U01:674 Mr. Waterman stated that they have action CATV /Penalty plans to correct discrepancies and have budgeted for a major Rebuild in 1984. In addition to their 1984 Rebuild Program, Group W has taken steps to reduce the problems people are encountering in attempting to telephone their office, and have on order a telephone system costing over $80,000, which they hope to have installed within the next few months. He also stated that Group W has increased their channels from 12 in 1975 to 24 by November 1982, and that when the rebuild is finished this year, they will be able to offer :six additional channels and they will seek the advice of their customes in the selection of these additional channels. In conclusion, Mr. Waterman referred to his comments set forth in his letter of February 7, 1984, and urged the Council to not adopt the ordinance at this time. He stated that they felt the staff's rationale of the need for the change was negligible, the legality questionable, and that the system rebuild and telephone changes would further reduce the need for such an ordinance. Don McNutt, President, Community Cablevision, stated that the proposed changes should not have any material impact on their service. They abide by a similar ordinance in the City .of Irvine and intend to abide by the regulations of Newport Beach. Jim de Boom, 1743 Bayport Way, addressed the Council in support of the ordinance; however, he indicated he felt it could be stronger in certain areas. He cited numerous experiences he has had with Group W in an attempt to obtain cable service, and expressed his dissatisfaction with their operation. Diane Springer„ 3300 Clay Street, addressed the Council and related her experience with Group W, indicating poor installation, missed appointments, noncooperation, etc. She stated that she has "given up" on their service and as a result, just recently purchased a television antenna. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made! to introduce Ordinance No. Ord 84 -5 s 84 -5, and pass to second reading on February Introduced 27, 1984, with the change of $500 penalty fee, rather than $1,000, and the revision to Page 2, Item (b), adding the words, "recording announcement" after the word "telephone." Volume 38 - Page 42 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL S�� �Gtp� February 13, 1984 INDEX E. PUBLIC COMMENTS: • 1. Dennis Holland, owner /builder of the Pilgrim Dennis schooner, addressed the Council and requested Holland/ an extension of his permit to dock his boat Pilgrim at Rhine Wharf. He stated that they had P intended to dock at the Sea Scout base, but ran into problems which caused their overstay at Rhine Wharf. He apologized to the Council for the inconvenience and indicated he hopes they can resolve the issue in the very near future. Ean Bruce of the Newport Sailing Club and representing Lido Marina Village, addressed the Council, stating that they are redesigning their docks to set the Pilgrim into a leased area of their club, and that David Moesher, Project Manager, will be presenting the plans to the City tomorrow. David Harshbarger, Marine Director, stated that any property change adjacent to the water requires Coastal Commission approval, and that if there is a change in configuration, it will require Coastal Commission approval with prior conceptual approval by City Council. The time period, at minimum, would be 49 days. He indicated that the idea, as described by Mr. Bruce, sounded feasible. The following persons addressed the Council • in support of the Pilgrim: John Snow, Ed Enoff, Member of Newport Harbor Jaycees, Russ Bomont, 5400 Seashore Avenue, and Betty Ross. The City Attorney stated that when he and Mr. Holland were in court last week, he was told by Mr. Holland that the plans for Lido Marina Village would be submitted to the City by today. He stated that their office, as well as the Marine Department, is willing to assist Mr. Holland as much as is legally possible, but that the City does, and will continue to have legitimate concerns regarding the City's liability, as long as the boat is being docked at Rhine Wharf. Following discussion, and there being no objections, this item was referred to the Tidelands Affairs.Committee for investigation and report back. 2. James de Boom, representing the Y.M.C.A., YMCA /Prsnt'n addressed the Council and presented a plaque to Council Member Heather for her four years on the Board of Directors, and a plaque to Mayor Hart for her outstanding service to the • Y.M.C.A. with respect to fund raising efforts. Volume 38 - Page 43 COUNCIL MEMBERS \CALL ROLL � f s�'� .y�� �'A s� 4 YE 0 • MINUTES February 13, 1984 IAmY F. CONSENT CALENDAR: x The following actions were taken as indicated, :s except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to Second Reading on February 27, 1984: (a) Proposed ORDINANCE NO. 84 -6, being, Ord 84 -6 Anxtn AN ORDINANCE OF THE CITY OF NEWPORT (21) BEACH REPEALING SECTION 1.30 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING ANNEXATION. (Report from City Attorney) Schedule public hearing on February 27, 1984 for: (b) Proposed ORDINANCE NO. 84 -7, being, Ord 84 -7 Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH ADOPTING A PLANNED COMMUNITY DEVELOPMENT PLAN FOR THE DEVELOPMENT OF THE CORONA. DEL MAR ELEMENTARY SCHOOL SITE, AND AMENDING PORTIONS OF DISTRICTING MAP NO. 16 SO AS TO RECLASSIFY SAID PROPERTY FROM THE UNCLASSIFIED DISTRICT TO THE PLANNED COMMUNITY DISTRICT (Planning Commission PCA 599 Amendment No. 599 - Report from Planning Department - -see Agenda Item F -10 (b)). 2. RESOLUTIONS FOR. ADOPTION: (a) Resolution No. 84 -11 authorizing Mayor 0/C Hrbr/ and City Clerk to execute a 5 -year Lifgrd Sry agreement with Orange County Harbor Res 84 -11 Beaches 8 Parks District to provide C -2247 financial assistance for lifeguard (38) services. (Report from Marine Department) (b) Resolution No. 84 -12 declaring the CATV /Rate Cityls intention to hold a public Incr hearing on February 27, 1984 to consider Res 84 -12 a rate increase request by Community (42) Cablevision Company for basic subscriber services regarding Cable TV Services. 3. CONTRACTS/AGREEMENTS: (a) .Authorize the Mayor and City Clerk to Boy Scouts/ execute the Agreement between the City Sea Scout of Newport Beach and the Boy Scouts of Base Saiing America Sea Scout Base allowing the City Classes to conduct Lido 14 sailing classes at C -2435 the Sea Scout Base. (Report from Parks, (38) Beaches and Recreation) Volume 38 - Page 44 COUNCIL MEMBERS \A1 o¢9'9 1; 'A yF,p y� � GS February 13, 1984 MINUTES INDEX (b) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral as indicated: (a) To staff for preparation of resolution Cncl Ad Hoc/ establishing an Ad Hoc Committee, Karinapark Marinapark Homeowners Association, Lease Cmte regarding expiration of City's leases. (24) (b) To Pending Legislation and Procedural Legislation Committee, Resolutions from the League (48) of California Cities regarding Use of Local Traffic Control Devices and Lower Speed Limits by Cities to Enhance Pedestrian and Vehicular Safety, and Supporting AB 1732 (1984 Clean Water Bond Election). (c) To Aviation Committee for inclusion in 0 /C -JWyn Arpt the records,letter from Mr. & Mrs. R.W. (54) Knutsen regarding Airport Binding Agreement. (d) To staff for response, request from CA /Crmnl California State Office of Criminal Justice Justice Planning regarding.Governor's (28) Victims Service Award Program. (e) To Public Works - Engineering for report PW /Channel back, request from West Newport Beach "Arches" Association for consideration of new and Bridge pertinent information regarding (74) improvement or replacement of Channel • Bridge at the Arches. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Friends of Oasis, supporting concept of affordable housing for seniors. (b) California Regional Water Quality Control Board, regarding AB 1362 Sher. (c) Local Agency Formation Committee, update on annexation proceedings; Minutes of January 11, 1984. (d) Jan D. Vandersloot, M.D., copy of letter to Office of Statewide Health Planning and Development regarding Irvine Medical Center. (e) 'Removed from the Consent Calendar. (f) Orange County Board of Supervisors, ,regarding Notice of Hearing pertaining to annexation of Coastal Municipal Water District. • Volume 38 - Page 45 COUNCIL MEMBERS � RDI gt; G%P February 13, 1984 \A[ � 9 9 MINUTES INDFX (g) Orange County League of California Cities: • 1. Robert G. Haskell, expressing appreciation for resolution and City tile presented to him in I recognition of service. 2. Minutes of January 12, 1984. (h) State Public Utilities Commission regarding Application No. 83 -12 -62 of High Tech Communications of California, Inc., and Application of Southern California Edison Company for authority to change its rates effective June 1, 1984. (i) Al 11King Alfonso" Lizanetz regarding on -going campaign against health abuse. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Peter Ash, alleging vehicle damaged by Ash City paint crew truck in City Hall Parking Lot on December 22, 1983. (b) Sam Aston, alleging property damage to Aston boat while moored at Balboa Yacht Basin in January, 1984. (c) Edith Dibiasi, alleging personal Dibiasi injuries as a result of bicycle accident . on January 3, 1984 near City Boundary and Huntington Beach. (d) Kenneth Propp, alleging improper Propp maintenance and control of traffic signal which caused collision at intersection of Campus Drive and Bristol North on October 23, 1984. (e) Paul Sansevier, alleging property damage Sansevier to rented moving van by City street tree at 701 -1/2 Begonia Avenue on November 2, 1983. (f) Douglas E. Younkin, alleging personal Younkin injuries as a result of vehicle pedestrian /collision on White Sails in the vicinity of its intersection with Harbor View on October 30, 1984. For rejection: (g) Late Claim of Roscoe Kraayenbrink, Kraayenbrink alleging false arrest on September 17, .1983. • Volume 38 - Page 46 CITY OF NEWPORT BEACH COUNCIL MEMBERS V0 C., -V y9�yI r February 13, 1984 ani i rei i 9 9 �' MINUTES ninFY (h) Late claim. of E'Tienne Jay Quenneville, Quenneville alleging false arrest at 207 A Colton • Avenue on September 17, 1983. T. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Cross - Complaint for Indemnification of Jones Samuel P. Jones. Claim was denied by City Council on June 28, 1982. (b) Notice of Motion for Relief from Triola Provisions of Government Code Section 945.4 from. Margaret Triola. Claim was denied by City Council on November 14, 1983. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report (66) from the City Manager) (a) One Plan Check Engineer, Building Department. (b) One Building Maintenance Man II, General Services Department. (c) One Library Clerk IV, Library Services. (d) One Library Clerk I, Library Services Department. .(e) One Emergency Equipment Dispatcher, Police Department. (f) One Environmental Coordinator /Project Planner, Planning Department. 9. STAFF AND COMMISSION REPORTS - For Council Information and Approval: . (a) Report from City Attorney regarding Library/ .REQUEST FOR APPROVAL OF CONTRACT FOR Clctn Serv. _ COLLECTION SERVICES FOR LIBRARY. (50) (b) Report from General Services Director Janitorial regarding PROPOSED RATE INCREASE FOR MBint /Cmrcl JANITORIAL MAINTENANCE SERVICES (CITY Mntnc Sery HALL COMPLEX, COUNCIL CHAMBERS, PLANNING C -2311 AND BUILDING DEPARTMENTS AND CITY YARD (38) COMPLEX). . (c). Removed from the "Consent Calendar. (d) Removed from the Consent Calendar. Volume 38 = Page 47 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9CnO gs„y ILA 1' 4t4P February 13, 1984 wnI I rAI I � �� 'Q s MINUTES Irinvy (e) Six month's review of USE PERMIT NO. U/P 1717(A)/ 1717 (AMENDED) (BARRETTS SALOON AND E.Gad's RESTAURANT - E.GADS), to determine if (88) said restaurant is being operated in compliance with the Conditions of Approval of said use permit. (Report from the Planning Department) 10. PUBLIC HEARING SCHEDULING - For February 27, 1984: (a) TENTATIVE MAP OF TRACT NO. 12079, a TMp Tr12079 request of RUMNEY ENTERPRISES, INC., Irvine, to subdivide an existing single lot, containing .48 acres of land, into a single lot for residential condominium purposes, on property located at 487 Morning Canyon Road, in the R -3 -B District; and the acceptance of an environmental document. This project also includes USE PERMIT NO. 3075 and U/P 3075/ RESIDENTIAL COASTAL DEVELOPMENT PERMIT Rsdntl Cstl NO. 4, request to construct a fourteen Dvlpm Prm /l4 unit residential condominium on said property, which already have been called up for review by,the City Council and scheduled for public hearing on February 27, 1984. (Report from the Planning Department) (b) GENERAL PLAN AMENDMENT 83 -2(a) - Request GPA 83 -2(a) • to amend the Land Use, Residential Growth, and Recreational Open Space Elements of the Newport Beach General Q Plan so as to redesignate the CORONA DEL MAR ELEMENTARY SCHOOL SITE from "Governmental,. Educational and Institutional" uses to "Multiple- Family Residential" uses; and "the acceptance of an Environmental Document; AND LOCAL COASTAL PROGRAM AMENDMENT NO. 4 - Lel Cstl Request to amend the Land Use Plan of Prgrm Amn#4 the Newport Beach Local Coastal'Program so-as to redesignate the CORONA DEL MAR ELEMENTARY SCHOOL SITE from "Governmental, Educational and Institutional" uses to "Multiple- Family Residential" uses. This project also . includes PLANNING COMMISSION AMENDMENT PCA 599 NO. 599, a TRAFFIC STUDY, and COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 5, which have been, or will be scheduled for.public.hearing on February 27, 1984. (Report from the Planning Department) Volume 38 = Page 48 CITY OF NEWPORT BEACH COUNCIL MEMBERS o s�, February 13, 1984 MINUTES INDEX 11. ACCEPTANCE OF IMPROVEMENTS IN USE PERMIT NO. U/P 3017 3017 - Accept the public improvements (88) • constructed in conjunction with Use Permit No. 3017; and authorize the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 1467) and Labor and Material Surety (Certificate of Deposit No. 1466) in six months, provided no claims have been filed. (Report from Public Works) 12. PAVEMENT PRESSURE GROUTING PROGRAM Pavm Prsr (CONTRACT -2419) - Approve plans and Grtg Prg/ specifications; and authorize the City Clerk C -2419 to advertise for bids to be opened at 11:00 (38) a.m. on March 1, 1984. (Report from Public Works) 13. 1983 -84 SLURRY /'FOG SEAL PROGRAM 83 -84 Slry (CONTRACT -2416) - Approve plans and /Fog Seal specifications; and authorize the City Clerk C -2416 to advertise for bids to be opened at 11:30 (38) a.m., on March 1, 1984. (Report from Public Works) 14. BUDGET AMENDMENTS - For approval: (25) BA -056, $3,930.00 - Transfer of Budget Appropriations for replacement of stolen electric typewriters; Office Equipment /General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report from Parks, Beaches and Recreation °84 Arts regarding a License Agreement between the Festival City of Newport Beach and Lido Marina Village in connection with the 1984 Arts Festival to be held at Lido Marina Village on May 19 and 20, 1984, was presented. Council Member Strauss expressed his concerns as to holding the festival at the recommended site, and indicated he felt it would create increased traffic problems. He stated he did not feel it was a good location for this type of crowd - collecting event. He also 'commented that when the boat shows are held at the Village, parking becomes inadequate. Council Member Heather spoke in support of the request, stating that the Village was a "ghost town" except when the boat shows are being held there. She stated she felt it would be good for the businesses and would not create the problems mentioned by Council Member Strauss. Volume 38 - Page 49 CITY OF NEWPORT BEACH COUNCIL MEMBERS ,�� f�9 yq��y�9� Gs�9 �F : G0, February 13, 1984 Rni i rAj i �9 9 MINUTES INDEX Novell Hendrickson, Chairman of the Arts Commission, addressed the Council, and stated that they have had this event planned at this site for over six months. She stated their flyers have been printed and that it is the only site to hold the function. She stated j that the festival was held at the Village approximately five years ago. She urged the Council to support their request. Motion x Motion was made to authorize the Mayor and 184 'Arts All Ayes City Clerk to execute a License Agreement Festival/ between the City of Newport Beach and Lido Lido MVlg Marina Village in connection with the 1984 C -2434 Arts Festival to be held at Lido Marina (38) Village on May 19 and 20, 1984. 2. Report from Assistant City Attorney regarding Cncl Plcy Amendment to Council Policies I -5 and G -4 (69) concerning RESTRICTIONS ON USE OF MUNICIPAL BUILDINGS AND FACILITIES, was presented. Motion x Following comments by various Council All Ayes Members, motion was made to bring this item back at the sturdy session of February 27, 1984, for reevaluation of the entire policies. 3. Report from the Mayor regarding ONTARIO 0 /C -JWyn AIRPORT PUBLIC AWARENESS PROGRAM, was Arprt/ presented. Ontario (54) Council Member Strauss indicated he felt the Council may want to consider this item further before any expenditures are approved and cited some of his concerns regarding the binding agreement. He stated he felt it was unwise to focus on Ontario Airport solely because there is a tendency to make people . think that it is the solution to the airport problem. Mayor Hart stated that this program does not relate to the binding agreement, inasmuch as a binding agreement has not yet been approved by the Board of Supervisors. She stated that this is a cooperative program with the County Board of Supervisors to continue to do whatever the City can by participating and contributing its fair share of support for alternate airport sites. She stated she agreed Ontario Airport is not the solution to Newport Beach's airport problem; however, she does feel Ontario could be of help to the North County. Motion x Motion was made to authorize the City Manager to expend $5,000 from the Airport Growth Control Fund to support the Ontario Public. Awareness Program. Volume 38 - Page 50 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALL���9 ROLL �f1 t�`,p tn,Q S� February 13, 1984 MINUTES INDEX Council Member Strauss stated that he was not opposed to the $5,000 expenditure so long as the City was not committing itself to Ontario Airport, and that it will look at other airport sites. Council Member Cox indicated he did not agree with the rationale of Council Member Strauss. He stated that he felt the City should move in this direction, and that this was just one of the many projects that the City Council has discussed and, in his opinion, was a good solution in solving air transportation in Orange County. All Ayes The motion was voted on and carried. 4. Correspondence from Senator John Seymour, League CA regarding update on issue of long -term Cities financing for local governments, and from the (61) League of California Cities regarding delinquent property tax revenues, was presented. Motion x Motion was made: to refer the letter from All Ayes Senator John Seymour to the City Clerk for inclusion in the records; and that the letter from the League: of California Cities be referred to the City Attorney and staff to bill the County, and explore the concept to a greater degree. H. ORDINANCES FOR ADOPTION: i 1. ORDINANCE NO. E14 -3, being, Ord 84 -3 Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH AMENDING PORTIONS OF DISTRICTING MAPS NO. 49 AND 50 SO AS TO RECLASSIFY SAID PROPERTY FROM THE UNCLASSIFIED DISTRICT TO THE PLANNED COMMUNITY DEVELOPMENT PLAN FOR BLOCK 400 OF NEWPORT CENTER (PLANNING COMMISSION PCA 598 AMENDMENT NO. 598), was presented for second reading and adoption, with report from the Planning Department. Motion x Motion was made to adopt Ordinance No. 84 -3 All Ayes and establish the figure of $477,200, as the applicants fair share contribution for noise walls, traffic signals, and future circulation system improvements to be deposited with the City, as set forth in the staff report. Volume 38 - Page 51 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9c�oG � �F A�9SG�9G� February 13, 1984 10 Motion All Ayes A i A .yes Motion All Ayes Motion All Ayes Green MINUTES 'NUE THE i FOR lated rt 1 -4. Ord 84 -4 Rev /Finance (40) (24) CTAC rom EQ /CAC 4ayor NB /CAC Arts Cmsn June (24) reen Dd of sen 2. ORDINANCE NO. 84 -4, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE MUNICIPAL CODE B ADDING THE HEALTH FACILITIES REVENUI BOND LAW, (CHAPTER 3.26) THEREBY ESTABLISHING PROCEDURES WHEREBY REV] BONDS MAY BE ISSUED BY THE CITY FOR PURPOSE OF PROVIDING FINANCING TO PARTICIPATING HEALTH CARE FACILITIEI SPECIFIED PURPOSES, was presented for second reading and adoption, with report from City Manager January 23, 1984, and letter to Mayor Ha from Hoag Memorial Hospital. X Motion was made to adopt Ordinance No. 8, 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. CITIZENS TRAFFIC ADVISORY COMMITTEE X Motion was made: to confirm (District 2) Council Member Plummer's appointment of Orlando. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE x Motion was made to confirm (District 3) Hart's appointment of Elizabeth (Linda) Shepard. NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE x Motion was made to confirm deferrment (District 6) Council Member Agee's appointments to February 27, 1984. 2. ARTS COMMISSION VACANCY - to fill the unexpired term of Susan Spiritus. ending 30, 1987. Nominee Bunny. Crossen was assigned the g light, and nominee Francie L. Hansen was assigned the red light to determine meth voting. X x ,x x x x x The City Clerk announced that Bunny Gros was appointed. Volume 38 - Page 52 MINUTES 'NUE THE i FOR lated rt 1 -4. Ord 84 -4 Rev /Finance (40) (24) CTAC rom EQ /CAC 4ayor NB /CAC Arts Cmsn June (24) reen Dd of sen •s COUNCIL MEMBERS ��,�� ��� ROLL COI 1 y�� 1;' 00 February 13, 1984 MINUTES r1na3 i J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 11:55 p.m. Mayor ATTEST: City Clerk Volume 38 - Page 53