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Home My WebLink About03/12/1984 - Regular MeetingCITY OF NEWPORT BEACH MEMBERS MINUTES RFrULAR COUNCIL MEETING s� PLACE: Council Chambers TIME: 7:30 P.M. tnn DATE: March 12`., 1984 nt x x x x x x x Motions x All Ayes ` Motion All Ayes 0 x Pledge of Allegiance and Presentation of Colors was led by Girl Scout Junior Troop 495, representing Newport Beach. A. ROLL CALL. B. The reading; of the Minutes of the Meeting of February 27, 1984, was waived, approved as corrected (Volume 38 - Page 66, Item J.1 to reflect Mayor Hart appointed Chairman of the Marinapark Mobile Home Ad Hoc Committee), and ordered filed. C. The reading; in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed_ to read by titles only. D. HEARINGS: Mayor Pro Tem Maurer advised that he had observed the Council meeting of February 27 on television, and therefore, would be able to participate in consideration of Agenda Items D -2 and D -•3. 1. Mayor Hart opened the continued public hearing and City Council review of an appeal by HOWARD CHACE AND VICTOR ORDAZ, Newport Beach, from the approval by the Planning Commission 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 the Planning Department, dated February 13, 1984, was presented. The City Clerk advised that a copy of an Appellant's Brief from Nick O'Malley, Attorney, regarding the appeal of Howard Chace and Victor Ordaz concerning the subject property, had been received after the agenda was printed. Howard Chace, appellant, 436 -62nd Street, addressed the Council and stated that no one has lived in the subject unit for six years, and that the Volume: 38 - Page 67 1108 (91) • COUNCIL MEMBERS Motion All Ayes • • CITY OF NEWPORT BEACH x MINUTES March 12, 1984 resident occupying the front unit does not own a vehicle; therefore, there is no need for a parking space. He stated that he owns two compact cars which he parks in the adjacent alley. He stated that he has never been able to use the garage for automobile parking because of the heavy traffic on Balboa Boulevard. He stated 1'ne felt frustrated not being able to utilize the 120 sq. ft. of living space. He also commented that he could not afford to do the changes recommended in Alternative Plans #1 and #2 by the Planning Commission. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the action of the Planning Commission, with the condition that the development shall be in substantial conformance with Alternative Plan No. 2, and with additional language as recommended by the City Attorney with regard to Findings No. 2 and 3 as follows: After the last word in Finding No. 2 - "in that adequate space exists on site to provide one parking space and access to that space can be taken from the alley to the east of the property." After the last word in Finding No. 3 - "in that there is an acute shortage of on- street parking spaces in the area, and the waiver of all of the spaces required under the zoning code would make this shortage worse." 2. Mayor Hart opened the continued public hearing and City Council review of the TENTATIVE MAP OF TRACT NO. 12079, USE PERMIT NO. 3075, AND RESIDENTIAL COASTAL DEVELOPMENT PERMIT NO. 4, requests of RUMNEY ENTERPRISES, INC., Irvine, to subdivide an existing single lot, containing .48 acres of land, into a single lot for the construction of a fourteen unit residential condominium project complying with the Administrative Guidelines for the implementation of the State Law relative to low -and moderate - income housing within the coastal zone; and acceptance of an Environmental Document. The proposal also includes modifications to Volume 38 - Page 68 1108 TMp /Tr 12079/ U/P 3075 Rumney Entrp (88) COUNCIL MEMBERS CITY OF NEWPORT BEACH March 12, 1984 MINUTES • Volume 38 - Page 69 the Zoning Code relating to setbacks, TMp /Tr and to the Sign Code regarding an 12079/ identification sign. Property located U/P 3075 at 487 Morning Canyon Road and East • Coast Highway in Corona Highlands; Zoned R3B. Report from the Planning Department, dated February 27, 1984, was presented. Letter from Corolido Community Association, and others, regarding Rumney Enterprises, Inc., was presented. The City Clerk advised that after the agenda was printed, a letter was received from the Corona del Mar Community Association requesting denial of the proposed project. The City Manager noted that pursuant to Council request of February 27, staff did prepare Findings for Denial for the subject Tentative Map, and a listing and map on the R3B parcels in Corona del Mar. It was further pointed out that the Fair Share Allocation for this project based on 14 units would be $20,972 if said development is approved. If the Fair Share Allocation were based on 8 units, the amount . would be $11,894. Warren James, representing the applicant, addressed the Council and spoke in support of applying the Fair Share Allocation to the net increase of 8 units. He emphasized that they had designed this project in accordance with City guidelines, and that it had been unanimously approved by the Planning Commission. John Sipple, representing the Corolido Community Association, addressed the Council in favor of the project. He stated that they felt it would enhance the neighborhood and upgrade the area. He stated that they also feel any downzoning of the area should be considered separately from this project. Ron Covington, 707 Orchid Avenue, representing the Corona del Mar Community Association, addressed the Council and stated that they feel the project is much higher in density than the surrounding area; and therefore, • Volume 38 - Page 69 0 An Ayes Noes Motion Ayes Noes [.`P:(„111 :d3 XI XI xi XI XIXIX x I X l x l x l x l x l x MINUTES March 12, 1984 they are opposed to the development. He TMp /Tr stated that: they believe the City 12079/ Council should consider downzoning the U/P 3075 area, and all R3, R3B and R4B properties located on the east side of the Bay in the City. In response: to Mayor Pro Tem Maurer, the Planning Director stated that this project is within the City's zoning laws. Harold Zook, owner of 483 -485 Morning Canyon Road, addressed the Council in favor of the project. He stated that his property was directly across the street from the proposed development, that it has: been designed in accordance with City regulations; and therefore, it should be approved. Hearing no others wishing to address the Council, the public hearing was closed. The Planning Director pointed out that one of the Conditions of Approval of the Tertative Map was that access to the subterranean parking structure must be approved by the City staff. He felt it was important for the City Council, as well as the applicant, to understand this condition, inasmuch as the plan will have to be modified because of the percentage in grade. Council Member Agee stated that this project, even though only 14 units are being proposed, is inconsistent with the current standards of the City's General Plan; and therefore, motion was made to deny the project, based on the Findings for Denial designated as Exhibit "B," which motion FAILED. Motion was made to approve the Tentative Map of Tract No. 12079, Use Permit No. 3075, and Residential Coastal Development: Permit No. 4, with the Findings and subject to the Conditions of Approval as recommended by the Planning Commission; and with the inclusion of a Fair Share Allocation of $11,894 based on.the net increase of 8 units. • 1 1 1 1 1 1 1 1 Volume 38 -.Page 70 COUNCIL MEMBERS • • 0 1111 `1 1`1 1111[11151 19111- - F _b MINUTES March 12, 1984 3. Mayor Hart opened the continued public hearing regarding; DRAFT ENVIRONMENTAL. IMPACT REPORT - Acceptance of an Environmental Document for GENERAL PLAN AMENDMENT NO. 83 -2(a), LOCAL COASTAL PROGRAM AMENDMENT NO. 4 AND AMENDMENT NO. 599; GENERAL PLAN AMENDMENT 83 -2(a) - Request to amend the Land Use, Residential Growth, and Recreational Open Space Elements of the Newport Beach General Plan so as to redesignate the CORONA DEL MAR ELEMENTARY SCHOOL SITE from "Governmental, Educational and Institutional18 uses to "Multiple - Family Residential" uses; LOCAL COASTAL PROGRAM AMENDMENT NO. 4 - Request to amend the Land Use Plan of 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; AMENDMENT NO. 599, ORDINANCE NO. 84 -7 - Request to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of the CORONA DEL MAR ELEMENTARY SCHOOL SITE. The proposal also includes a request to amend portions of Districting Map No. 16, so as to reclassify said property from the Unclassified District to the Planned Community District; TRAFFIC STUDY - Request to consider a traffic study in conjunction with the construction of forty -one residential dwelling units on the CORONA DEL MAR SCHOOL SITE; M COASTAL RESIDENTIAL DEVELOPMENT PERMIT' NO. 5 - Request to consider a residential coastal development permit for the purpose of establishing project compliance for the residential development of the CORONA DEL MAR SCHOOL SITE pursuant to the Administrative Guidelines for the implementation of the State Law relative to low -and moderate-income housing within the coastal stone. Volume 38 - Page 71 .PA 83 -2(a) (45) EIR Amnd#4 599 Cstl Rsdntl Dv PrmtN5 • Motion All Ayes 0 • x MEMBERS CITY OF NEWPORT BEACH MINUTES March 12, 1984 Reports from the Planning Department dated February 27, and March 12, 1984, were presented. The City Clerk advised that after the agenda was printed, a letter was received from the Corona del Mar Community Association, in opposition to this project. The City Manager noted that the proposed project does not meet the City's Traffic Phasing Ordinance, and proposed mitigating measures will not cure the intersection to bring it below .9. Therefore, if the project proceeds, the Council will have to find that there are other mitigating measures that would justify its approval. David Neish of Urban Assist, Inc., representing the applicant, addressed the Council, and outlined the proposal, noting that the overall density for the project is 50% less than that in the immediate neighborhood. During Mr. Neish °s presentation, motion was made to allow him an additional 10 minutes. With respect to compliance with the Traffic Phasing Ordinance, Mr. Neish stated that it was not financially feasible to the applicant, nor do they feel it would be in the community's best interest, as it would prolong impacts on adjacent neighbors due to construction, dust, etc. He noted on one of the exhibits that one -half of the acreage will provide a public parking lot with 35 off - street parking spaces. Mr. Neish stated that they would like to modify the! Development Plan, as approved by the Planning Commission, by extending the proposed alley northward to 4th Street. The advantage of the extension would be that it would only create one intersection on.4th Street and no intersection on Dahlia. This would also provide more on- street parking. Also, as noted on their plan, they are proposing their parking lot adjacent to areas where there are existing parking lots. Volume 82 - Page 72 JGPA 83 -2(a) COUNCIL MEMURS • • • CITY OF NEWPORT BEACH MINUTES March 12, 1984 Pertaining to Fair Share Allocation and Noise Wall fees, Mr. Neish requested that the City Council waive the fees in lieu of the following: 1) Dedication of public open space of .868 acres to the City. 2) Improvement of the entire public open space area, which includes final grading, preparation of final working drawings for all irrigation and landscaping plans, soil preparations, improvement of public parking lot to include curb, gutters, asphalt, striping, irrigation and landscaping. 3) Improvement of the public parking lot to include irrigation, installation of grass, trees and shrubs. In regards to the public park, he requested a "not to exceed" $10,000 be applied to that item. Mr. Neish stated they hope to complete the above proposed facilities by fall of 1984. Doug Gfeller of the Gfeller Development Company, addressed the Council, and stated that they have been meeting with citizens in the community ever since their acquisition of the property, and that the plan now being proposed, meets most of the residents' acceptance. Bill Marcus, owner of 609 Carnation Avenue, addressed the Council and spoke in favor of the project. He stated that the developer has made every effort to please adjacent homeowners, and that he was in agreement with the location of the proposed open space and the parking lot. David Lewis, 505 Begonia, addressed the Council and stated he did not feel residents would use the open space to make it worthwhile, and therefore, it was not necessary. He suggested a recreational area be considered, whereby such activities as basketball, volleyball, etc., could be played. Volume 38 - Page 73 83 -2(a) COUNCIL 9 • Motion All Ayes Motion All Ayes Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES March 12, 1984 Irwin Fox, 519 Carnation Avenue, Member of the Citizens for Responsible Use of Neighborhood Schools, addressed the Council in support of the project. He stated that they felt the project preserves the residential quality of the neighborhood and is an excellent use for the property. With respect to the proposed widening of two blocks on Carnation Avenue, they feel this would be very dangerous, increase speed, and incur "sloppier" parking than already exists on the street. He stated he felt that a dedication for future widening of Carnation Avenue may be in order. Robert Longacre, 701 Carnation Avenue, addressed the Council and stated he concurred in the remarks of Mr. Fox, and also supports the location for proposed open space, as well as the proposed location of the parking lot. Richard Johnson, 504 Begonia Avenue, addressed the Council and commended the developers on the excellent job they did in obtaining public input in this project. He stated, however, that he was opposed to the proposed parking lot and the proposed widening of Carnation Avenue, and asked the Council to reconsider these two items. Discussion ensued among the Council, wherein it was agreed to straw -vote certain items of concern. It was noted that the Fair Share Allocation for ultimate circulation system improvements for this project would be approximately $108,498, and that the figure for the Noise Wall fund contribution is estimated at $10,140. Following discussion and comments, motion was made to override the requirements of the Traffic Phasing Ordinance with the Findings of Facts and of Overriding Considerations relative to traffic and circulation included in Attachment. E of the staff report. x Motion was made to reinstate the one lot on Dahlia Avenue, which had been previously deleted from the plan. x Motion was made to accept the proposal of the applicant with respect to the park improvements, and the redesign and location of the parking lot. Volume 38 - Page 74 GPA 83 -2(a) COUNCIL MEMBERS Motion • • x CITY OF NEWPORT BEACH Ayes Noes Ix I I x I x 1 x I x I x 0 MINUTES March 12, 1984 Motion was made to accept the proposal of the applicant with respect to the design and installation of the parking lot and park improvements as the applicant's "Fair Share" contribution for park and circulation system improvements. Mayor Hart expressed her opposition to the subject motion, stating it was not her intent to charge a fee to improve streets and then use the money for another use. She stated she felt the "Fair Share Allocation" was to be used for the circulation improvement system within the City. She also commented that she was without the benefit of a report with regard to the cost of the proposed improvements in order to compare that with the Fair Share Allocation to determine the difference in said costs. Council Member Cox agreed that it was a questionable subject; however, he felt that the issue of "parking," which is especially needed in Corona del Mar, is traffic - related. In addition, a major benefit is that this project will give immediate access to the park and parking lot facility, which otherwise would be several years away. In response to Mayor Hart, the City Attorney stated that inasmuch as the applicant is proposing to make certain improvements in -lieu of some other condition, he did not feel the City would have any problem in enforcing the terms and conditions as proposed by the applicant. Betty Morgan, 501 Carnation Avenue, addressed the Council and stated that she was opposed to the proposed parking lot, as well as the proposed widening of Carnation Avenue, and did not think either of the projects would solve the traffic problem in Corona del Mar. She also stated that Carnation Avenue is becoming a traffic hazard because of its access to Bayside Drive. The motion on the floor was voted on and carried. Volume 38 - Page 75 83 -2(a) COUNCIL MEMBERS Motion All Ayes n Ayes x x CITY OF NEWPORT BEACH MINUTES March 12, 1984 The Public Works Director stated that the proposed widening of Carnation Avenue is being recommended because of traffic problems, such as those mentioned by Mrs. Morgan. He stated that Carnation Avenue is only 30 feet wide, and the volume of cars is increasing. He felt that if the street is not to be widened, everyone should be aware that it will probably be necessary to restrict parking on one side of the street; and should it not be improved at this time, he would recommend that staff be directed to take the necessary steps to restrict parking. Council Member Agee stated that he disagreed with the conclusions of the Public Works Director, and would be opposed to removing parking on one side of Carnation Avenue. Motion was made that five (5) feet of additional right -of -way be dedicated to the City along the easterly side of Carnation .Avenue between Second Avenue and Fourth Avenue for street and highway purposes, but that improvements to the street not be made at this time. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the recommendation of the Planning Commission with the exception of that recommendation relative to the Traffic Study; and adopt Resolution No. 84 -16 accepting, approving and certifying the Final Environmental Impact Report as indicated in Attachment A; make the Findings contained in the Statement of Facts (Attachment A, Exhibit 1) 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 2) 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 the Certified Final EIR 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 Volume 38 - Page 76 83 -2(a) Res 84 -16 0 Q Motion All Ayes 0 CITY OF NEWPORT BEACH x MINUTES March 12, 1984 the remaining unavoidable significant GPA 83 -2(a) effects, when balanced against the facts set forth in said Statement of Overriding Considerations (Attachment A, Exhibit 2)„ giving greater weight to the unavoidable environmental effects, are acceptable;; adopt Resolution No. 84 -17 Res 84 -17 sustaining the recommendations of the Planning Commission and approving an amendment to the Land Use Element of the Newport Beach General Plan, designated General Plan Amendment 83 -2(a) (Attachment B); adopt Resolution No. Res 84 -18 84 -18 sustaining the recommendations of the Planning Commission and approving an amendment to the Land Use Plan of the City's Local Coastal Program (Attachment C); reintroduce Ordinance No. 84 -7, Reintroduce reflecting straw votes taken and pass to Ord 84 -7 second reading on March 26, 1984; override the requirements of the Traffic Phasing Ordinance with the Findings of Facts and of Overriding Considerations relative to traffic and circulation included in Attachment E; and sustain the recommendation of the Planning Commission relative to Coastal Residential Development Permit No. 5. 4. Mayor Hart opened the public hearing Ord 84 -8 regarding ORDINANCE NO. 84 -8, being, Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.87.180 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO THE DEFINITION OF THE T];RM "FAMILY," PLANNING COMMISSION AMENDMENT NO. 602, PCA 602 initiated by the City of Newport. Beach. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 84 -8 of the Newport Beach Municipal Code as it pertains to the definition of the term "family." Volume 38 - Page 77 • 1) Motion All Ayes • Motion All Ayes • x X CITY OF NEWPORT BEACH MINUTES March 12, 1984 5. Mayor Hart opened the public hearing GPA 83 -1(b) regarding GENERAL PLAN AMENDMENT (45) 83 -1(b), a request initiated by the City of Newport Beach to consider an amendment to the Land Use and Residential Growth Elements of the Newport Beach General Plan for property located within AREA 11 OF THE HARBOR VIEW HILLS PLANNED COMMUNITY, more specifically identified as all of the property included in ANNEXATION NO. 89, so as to establish a designation of "Low- Density Residential" uses for the subject property. Property located at 34 and 36 Ridgeline Drive, easterly of the intersection of Ridgeline Drive and Napoli, adjacent to the San Joaquin Reservoir, zoned P -C. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. Res 84 -19 84 -19 amending the Land Use and Residential Growth Element of the Newport Beach General Plan for property located within Area 11 of the Harbor View Hills Planned Community. E. PUBLIC COMMENTS: 1. David Lewis, 505 Begonia Avenue, addressed the Council regarding Back Bay Drive. He stated he felt it should remain closed to vehicular traffic in order to maintain a "healthy and peaceful atmosphere." He stated he felt it would become unsafe if reopened. It was suggested that Mr. Lewis contact the City's Traffic Engineer with a request to be notified when this item will be considered by the Traffic Affairs Committee. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading and adoption on March 26, 1984: Volume 38 - Page 78 Back Bay Dr CITY OF NEWPORT BEACH COUNCIL MEMBERS \CM ®�� y�� Gad• March 12, 1984 MINUTES IEgT (a) Proposed ORDINANCE NO. 84 -9, being, Ord 84 -9 Parking AN ORDINANCE OF THE CITY OF Rstrctn NEWPORT BEACH REPEALING (63) SECTION 12.40.055.1 REGARDING PARKING OVERSIZED VEHICLES IN RESIDENTIAL DISTRICTS. Schedule for public hearing on March 26, 1984: (b) Proposed ORDINANCE NO. 84 -10, Ord 84 -10 being, Sewer Use Fees AN ORDINANCE OF THE CITY OF (40/74) NEWPORT BEACH AMENDING SECTIONS 14.24.050 AND 1.4.02.065 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SEWER CONNECTION AND USE FEES (Report from Utilities Director and Assistant City Attorney) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -20 in support of Ofshr Oil an appropriations Bill postponing Res 84 -20 Offshore Oil Drilling Activities. (89) (Report from Assistant City Attorney) (b) Removed from the Consent Calendar. • (c) Resolution No. 84 -21 declaring the Vacation/ City of Newport Beach's intention La Jolla Dr to vacate a portion of La Jolla Res 84 -21 Drive:; accepting a map showing the (90) portion of La Jolla Drive proposed to be vacated; and setting April 9, 1984, as the date for the public hearing concerning the intended vacation. (Report from Public Works) 3. CONTRACTS/AGREEMENTS: (a) Award Contract No. 2416 to Pavement Slurry /Fog Coatings Company for total bid Seal '83 -84 price of $95,673.10 for 1983 -84 C -2416 Slurry /Fog Seal Program; and (38)" authorize the Mayor and City Clerk to execute said contract. (Report from ;Public Works) (b) Award Contract No. 2419 to Hunt Pvmt Prsr Contracting for the total bid price Grouting of $219,030.20 for Pavement Pressure C -2419 Grouting Program; and authorize the (38) Mayor and City Clerk to execute said contract. (Report from Public • Works) Volume 38 - Page 79 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES March 12, 1984 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Commission /Planning Department for inclusion in the records, Cliff Haven Community Association's request for denial of lot split variance request by Mr. Winfield of his Kings Road property. (b) To the Aviation Committee for inclusion in the records, Cliff Haven Community Association communication in support of the City's version of the Airport Binding Agreement. (c) To the Pending Legislation and Procedural Ethics Committee, Resolution No. 2369 of the City of Westminster, calling upon radio, television, and the news media to voluntarily refrain from projecting Presidential Election results, or making predictions until all polls throughout the United States have closed. (d) To the Pending Legislation and Procedural Ethics Committee, Resolution No. 2367 of the City.of Westminster supporting the Joint Powers Agreement between the County of Orange and the City of Newport Beach, regarding improvements to air transportation service. (e) Removed from the Consent Calendar. (f) To Traffic Affairs Committee for inclusion in the records, letter signed by residents of Park Lido objecting to proposed parking prohibition on the east side of Superior Avenue to Dana Road (Agenda Item F -2(a), February 27, 1984). (g) Removed from the Consent Calendar. (h) To Executive Assistant to the City Manager for inclusion in the records, letter from Del Reynolds expressing approval of his cable television service, and letter of complaint_ from Randal Sanderson regarding Group W service. Volume 38 - Page 80 (68) 0 /C -JWyn Arprt (54) Legislation (48) Legislation (48) Prkg Prhbtn Superior Av & Dana Rd (63) CATV /Grp W (42) • 13 t • • MEMBERS CITY OF NEWPORT BEACH MINUTES March 12, 1984 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Commission preliminary agenda of March 7, 1984. (b) California State Controller's statement showing estimated amounts to be paid to each city and county as its share of revenues to be apportioned during fiscal year ending June 30, 1985, from Highway Users Taxes (Secs. 2104/2106/2107/2107.5), Motor Vehicle License Fees ( "In- Lieu" Tax); and Off- Highway Motor Vehicle License Fees. (c) Notice of Application for Fare Adjustment Airport Service, Incorporated, Application No. 84 -02 -34 filed on February 14, 1984 before the California Public Utilities Commission. (d) Southern California Gas Company Notice to Customers of filing of Application 884 -02 -25 and holding public hearing regarding increased rates. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Rachel Broome alleging property damage to windshield of her vehicle due to sandblasting by construction crew on January 11, 1984, at 5th Avenue across from Oasis Senior Center. (b) Peter Dicaro alleging his vehicle, while parked, was backed into by City vehicle on January 31, 1984. (c) James and Susan Feur alleging personal injuries as a result of incident with police officers at parking area adjacent to Newport Pier on February 23, 1984. (d) Sanford Freeman alleging personal injuries as a result of trip and fall on sidewalk at Marigold between 3rd and Library on December 19, 1983. Volume 38 - Page 81 (36) IFreeman COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES March 12, 1984 (e) St. Paul Fire and Marine Insurance Company for Anthony Poli for property damage, alleging Police Department knocked down redwood fence which borders his property in pursuit of suspect on October 5, 1983. (f) Barbara Shelby for daughter Kathleen alleging personal injuries to her daughter's hand as a result of syringe found while playing in the sand by the Newport Pier on January 19, 1984. (g) Robert and Jane Wolff alleging property damage to carpeting, windows, etc., as a result of construction work being done at Passive Park at 5th Avenue between Larkspur and Marguerite from October, 1983 to February 15, 1984. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Susan Elaine Leverette- Bagley for damages, Orange County Superior Court, Case No. 41- 30 -78. Claim was denied by City Council on April 11, 1983. (b) Sav -Ou Drugs, and Sav -On Realty, 'Inc., for refund of Ad Valorem Property Taxes extended from Illegal and Unconstitutional Assessments, Orange County Superior Court, Case No. 423348. (c) Indemnity; Contribution; Proration; and Declaratory Relief for Martha Boughen Payne vs. Calvin M. Young, and Calvin M. Young and James Waugh vs. City of Newport Beach, Orange County Superior Court, Case No. 41- 67 -80. (d) Petition for Order Relieving Petitioner of the Provisions of Government Code Section 945.6, and Notice of Nearing on Petition to Relieve Petitioner of the Provisions of Government Code Section 945.5 from John Lang and Al Romero, Orange County Superior Court, Case No. 423864. 8. REQUEST TO FILL PERSONNEL VACANCIES: None. Volume 38 - Page 82 Paul ty (66) Drugs COUNCIL MEMOS is U 0 CITY OF NEWPORT BEACH MINUTES March 12, 1984 9. STAFF AND COMMISSION REPORTS: None. 10. PUBLIC HEARING SCHEDULING - For March 26, 1984: (a) PLANNING COMMISSION AMENDMENT NO. 603 AND TENTATIVE NAP OF TRACT NO. 12105, a request of THE IRVINE COMPANY (dba, IRVINE PACIFIC), Newport Beach, to amend the Planned Community Development Plan for the BIG CANYON PLANNED COMMUNITY so as to establish residential development standards for property located at the southwesterly corner of MacArthur Boulevard and Ford Road, to be established as Area 16 of the Big Canyon Planned Community; and a further request to subdivide this twenty -three acre site into one lot for residential condominium development and a residual lot for private open space purposes. (Report from Planning Department) 11. TRAFFIC SIGNAL CONTRIBUTION TRACT NO. 9676 (portion of Blocks 55 and 94; Irvine's subdivision located at 1100 Jamboree Road on the easterly side of Jamboree Road across Jamboree Road from the Newporter Inn) - Authorize the City Clerk to release the Faithful Performance Bond ( #5785370); and Labor and Material Bond ( #5785370). (Report from Public Works) 12. ACCEPTANCE OF BAYFRONT BULKHEAD SEALING AND SIDEWALK GROUTING (CONTRACT 2404) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after filing, provided no claims. (Report from Public Works) 603/ r 12105 9676 Blkhd Slg/ Sdwlk Grtg C -2404 (38) 13. APPEAL FROM DENIAL OF AN APPLICATION FOR jPermit/RJ's A PROPOSED NEW DRIVEWAY ON VON KARMAN Restr AVENUE FOR RI'S RESTAURANT - Uphold (65) denial as recommended in staff report. (Report from Public Works) 14. SEWER MAIN REPLACEMENT PROGRAM (CONTRACT Swr Mn Rplcm 2410) - Approve the plans and C -2410 specifications; and authorize the City (38) Clerk to advertise for bids to be opened at 11:00 a.m. on March 29, 1984. (Report from Public Works) Volume 38 - Page 83 0 Motion All Ayes Motion 16 Ayes MEMBERS x CITY OF NEWPORT BEACH x MINUTES March 12, 1984 15. REQUEST FOR WAIVER OF FEES FOR USE OF OASIS SENIOR CITIZENS CENTER THE EVENING OF APRIL 12, MAY 10 AND MAY 17 FROM UNITED STATES OLYMPIC COMMITTEE, ORANGE COUNTY VOLUNTEERS - Approve request, as recommended by the Parks, Beaches and Recreation Director. 16. HARBOR PERMIT APPLICATION #124 -3400 BY DUNCAN MCINTOSH - Approve application to temporarily revise a section of the commercial docks at Lido-Village. subject to the conditions listed in the staff report. (Report from Marine Department) 17. BUDGET AMENDMENTS - For approval: BA -058, $1,086 - Transfer in Budget Appropriations for special refuse pickup for Balboa Island; General Services - Refuse Fund. (Request from Balboa Island Improvement Association with report from General Services Director) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: (62) Harbor Perm #124 -3400 (51) (25) 1. Proposed resolution awarding Contract West Npt No. 2428 to Sampson Oil Company in oil fac connection with the operation of oil opr /Sampson facilities in West Newport, together C -2428 with report from Utilities Director, was (38) presented., Motion was made to defer the subject Item to March 26 for inclusion of the Minutes of the Technical Oil Committee, and preparation of the subject agreement. 2. Letter from Mrs. Joan Randall concerning water quality of the Newport Bay for adult swimmers, as well as children who play in the water, was presented. Mayor Pro Tem Maurer announced that the Santa Ana Regional Water Quality Control Board of the State has scheduled a public hearing on April 13 at 9:30 a.m., in the City of Costa Mesa Council Chambers, at which time the Board will receive and discuss a report prepared by the County of Orange Health Department regarding various water quality testing stations in Newport Bay, and will review recommendations concerning vessel waste discharges. Motion was made to refer Mrs. Randall's letter to.staff for response. Volume 38 - Page 84 Upper Npt Bay /Marine (51) CITY OF NEWPORT BEACH COUNCIL MEM13ERS \CA:RALL p Gd'� March 12, 1984 MINUTES es,ncv 3. Copy of newspaper article from J. W. Legislation Payton suggesting Newport Beach join (48) those cities who have already expressed displeasure, regarding the fact that the California Legislature "Slush Fund" is exempt from audit, was presented. Motion x Motion was made to refer the subject All Ayes correspondence to the Pending Legislation and Procedural Ethics Committee. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. NEWPORT BEAUTIFICATION CITIZENS ADVISORY NB /CAC COMMITTEE APPOINTMENTS: (24) Motion x Motion was made to confirm (District 6) All Ayes Council Member Agee's appointment of Jennifer Woodward for term ending December 31, 1984; remaining appointment to stay vacant until further notice. 2. Request dated February 27, 1984 from U/P 3072 Hugh R. Coffin, Attorney representing Park Bar/ applicant, LOOMIS, FOODS, INC. (dba THE Loomis Fds PARR BAR AND GRILL), USE PERMIT NO. 3072 (88) FOR NEW HEARING ON SUBJECT USE PERMIT, was presented. Hugh Coffin, Attorney representing the applicant, 2122 N. Broadway, Santa Ana, addressed the Council and referred to his letter of March 7, 1984. He stated that his client was in general agreement with Condition of Approval No. 11 regarding the right to modify or change conditions :in the future, which was a concern of Council Member Agee at the last meeting. Motion x Following comments, motion was made to All Ayes refer the subject item to staff to schedule a public hearing for April 23, 1984. 3. Report dated February 13, 1984, from Council Plcy Assistant City Attorney regarding (69) amendment to Council Policies I -5 and G-4 concerning RESTRICTIONS ON USE OF MUNICIPAL BUILDINGS AND FACILITIES, was presented. Motion x Motion was made to approve amendments to All Ayes Council Policies I -5 and G-4. Volume 38 - Page 85 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 40 Motion Motion All Ayes Mot76n All Ayes 0 x March 12, 1984 J. CURRENT BUSINESS: 1. Report from the Planning Department PA /WCstHV- regarding P1tOPOSED GENERAL PLAN Dover Dr - AMENDMENT FOR WEST COAST HIGHWAY, FROM Npt B1 DOVER DRIVE TO NEWPORT BOULEVARD, was (45) presented. Motion was made to find that the request for a General Plan Amendment is unwarranted and return the request to the originator without further action as recommended by the Planning Commission. R. ADDITIONAL :BUSINESS: 1. Following comments by Council Member Rsdntl Agee, staff was directed to prepare and Density/ bring back to the City Council at a UE /GPln future study session a report which compares residential density specified under the Land Use Element of the General Plan, with actual densities permitted by the City's Zoning Ordinances. 2. Motion was made to direct the City CdM Beach Manager to write a letter to Darwin Pkg Lot Britvitch advising that the City is pursuing a study with the intent to move the storage /transfer enclosure, which now exists in the parking lot at Corona del Mar State Beach. 3. Motion was made to schedule a public JGPA 604/ hearing on March 26, 1984, on Traffic Tfk Phsg Phasing Plan for Planning Commission Amendment No. 604. Meeting adjourned at 10:40 p.m. Volume 38 - Page 86