HomeMy WebLinkAbout04/23/1984 - Regular MeetingMEMBERS
Present x x
Absent
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Motion
All Ayes
Motion
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CITY OF NEWPORT BEACH
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:_30 P.M.
DATE: April 23, 1984
A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of April 9, 1984, was waived,
approved as written, 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.
Mayor Hart announced that Council Member
Ruthelyn Plummer was ill and had
requested that Agenda Item J -3, under
Current Business, pertaining to report
from Traffic Engineer regarding WEST
NEWPORT PARKING PROGRAM, be deferred to
May 14, 1984.
Motion was made to continue the WEST
NEWPORT PARKING PROGRAM (Agenda Item
J -3) to May 14, 1984, as requested.
D. HEARINGS:
1. Mayor Hart opened the public hearing and
City Council review of a request by
LOOMIS FOODS, INC., Corona del Mar, that
the City Council reconsider its action
of February 13, 1984, as it pertains to
USE PERMIT :NO. 3072 and the hours of
operation of the "PARK BAR AND GRILL"
restaurant 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.
Hugh Coffins Attorney, representing the
applicant, addressed the Council and
requested the hearing be continued to
May 14 or 29 because of the complex
issues involved. He stated that he has
had difficulty in meeting with the
owners of the restaurant to resolve some
of their concerns, and therefore, would
appreciate additional time.
The following persons addressed the
Council, spoke in opposition to the
request, and urged that the action taken
by the City Council on February 13, 1984
be sustained:
Volume 38 - Page 115
U/P 3072
(88)
N.
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Motion
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Motion!
Ayes
Noes
Ayes
Abstain
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MEMBERS
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x X x
CITY OF NEWPORT BEACH
MINUTES
April 23, 1984
Robert Longacre, 701 Carnation
Avenue
Erwin Fox, 519 Carnation Avenue
(submitted a petition opposing
extension of the operating hours)
Donald Augustin, 2431 -4th Avenue
Lila Christine, .707 Begonia
Following discussion, motion was made to
continue the hearing to May 29, with the
request that the Police Department
report back on any after -hours
activities at the subject location, and
any other information deemed appropriate
for Council consideration.
Substitute motion was made to sustain
the action of the City Council of
February 13, 1984, relative to the hours
of bperati.on, which motion FAILED.
The motion on the floor was voted on and
carried.
2. Mayor Hart opened the public hearing and
City Council review of NEWPORT PLACE
TRAFFIC PHASING PLAN AMENDMENT NO. 6, a
request of QUAIL STREET PARTNERS,
Newport Beach, to approve an amendment
to the NEWPORT PLACE TRAFFIC PHASING
PLAN to permit the construction of
additional office space at 1100 Quail
Street beyond that presently permitted
by the approved Traffic Phasing Plan;
I:UJn]
PLANNING COMMISSION AMENDMENT NO. 597, a
request of QUAIL STREET PARTNERS,
Newport Beach, to amend the
previously- approved NEWPORT PLACE
PLANNED C0MMUNITY DISTRICT REGULATIONS
so as to allow the expansion of an
existing office building located in
"Professional and Business Office Sites
1 and 2" and the acceptance of an
environmental document.
Report from the Planning Department, was
presented.
Steve Mueller, representing the
applicant, addressed the Council and
stated that they were in agreement with
the conditions and findings, as set
forth in the staff report.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Volume 38 - Page 116
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MINUTES
April 23, 1984
Robert Longacre, 701 Carnation
Avenue
Erwin Fox, 519 Carnation Avenue
(submitted a petition opposing
extension of the operating hours)
Donald Augustin, 2431 -4th Avenue
Lila Christine, .707 Begonia
Following discussion, motion was made to
continue the hearing to May 29, with the
request that the Police Department
report back on any after -hours
activities at the subject location, and
any other information deemed appropriate
for Council consideration.
Substitute motion was made to sustain
the action of the City Council of
February 13, 1984, relative to the hours
of bperati.on, which motion FAILED.
The motion on the floor was voted on and
carried.
2. Mayor Hart opened the public hearing and
City Council review of NEWPORT PLACE
TRAFFIC PHASING PLAN AMENDMENT NO. 6, a
request of QUAIL STREET PARTNERS,
Newport Beach, to approve an amendment
to the NEWPORT PLACE TRAFFIC PHASING
PLAN to permit the construction of
additional office space at 1100 Quail
Street beyond that presently permitted
by the approved Traffic Phasing Plan;
I:UJn]
PLANNING COMMISSION AMENDMENT NO. 597, a
request of QUAIL STREET PARTNERS,
Newport Beach, to amend the
previously- approved NEWPORT PLACE
PLANNED C0MMUNITY DISTRICT REGULATIONS
so as to allow the expansion of an
existing office building located in
"Professional and Business Office Sites
1 and 2" and the acceptance of an
environmental document.
Report from the Planning Department, was
presented.
Steve Mueller, representing the
applicant, addressed the Council and
stated that they were in agreement with
the conditions and findings, as set
forth in the staff report.
Hearing no one else wishing to address
the Council, the public hearing was
closed.
Volume 38 - Page 116
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597
Motion
All Ayes
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MEMBERS
CITY OF NEWPORT BEACH
x
MINUTES
April 23, 1984
Motion was made to approve Amendment No.
6 to the Newport Place Traffic Phasing
Plan, adopt Resolution No. 84 -30
amending the Newport Place Planned
Community District Regulations and
accept the Environmental Document.
3. Mayor Hart opened the public hearing and
City Council review of GENERAL PLAN
AMENDMENT 83 -2(c) Portion -
Consideration of amendments to the Land
Use and Residential Growth Elements of
the Newport Beach General Plan,
redesignating the site on the
northeasterly corner of East Coast
Highway and Jamboree Road from
"Low- Density Residential" to
"Recreational and Marine Commercial,"
initiated by the City of Newport Beach,
for the purpose of consistency with the
Certified Land Use Plan of the Newport
Beach Local Coastal Program; and the
acceptance, approval and certification
of an Environmental Impact Report;
UZLf
PLANNING COMMISSION AMENDMENT NO. 605
(PROPOSED ORDINANCE NO. 84 -13) - A
request to establish Planned Community
Development Standards and adopt a
Planned Community Development Plan for
property located at the northeasterly
corner of East Coast Highway and
Jamboree Road;
AND
,PA 83 -2(c)
(45)
605
TRAFFIC STUDY - A request to consider a Traffic Stdy
traffic study for a 154 unit residential
condominium development;
AND
TENTATIVE MAP OF TRACT NO. 11937 - A
request of.' IRVINE PACIFIC, Newport
Beach, to subdivide 11.2 acres of land
into a single lot for residential
condominium purposes so as to allow the
construction of a 154 unit residential
development;
F
RESIDENTIAL COASTAL DEVELOPMENT PERMIT
NO. 9, - A request to consider a
Residential_ Coastal Development Permit
for the purpose of establishing project
compliance for a 154 unit residential
condominium development pursuant to the
Administrative Guidelines for the
Volume 38 - Page 117
11937
Residential
CstlDvlp
Perm#9
CITY OF NEWPORT BEACH
C®UHCIL MEMBERS
\CAL \tp
®�� April 23, 1984
MINUTES
INDEX
implementation of the State law relative
GPA 83 -2(c)
to low -and moderate - income housing
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within the Coastal Zone.
Report from the Planning Department, was
presented.
GThe
City Clerk reported that after the
agenda was printed, a letter was
received from the Legal Aid Society of
Orange County requesting Tentative Tract
Map No. 11937 be denied.
Dave Dmohowski of The Irvine Company,
addressed the Council concerning certain
Conditions of Approval.
With respect to Condition No. 44
pertaining'to "fair share," he requested
that an additional sentence be added as
follows: "Further, this dedication of
right -of -way will meet the future
'fair - share' contribution for the
commercial parcel northeast of the
intersection of Coast Highway and
Jamboree Road."
Regarding Condition No. 48 pertaining to
park dedication, Mr. Dmohowski stated
that it is their intent to dedicate land
in the Mouth of Big Canyon to satisfy
this requirement. Relative to Condition
No. 41 regarding AB 952, he stated that
they did not feel this condition was
appropriate; however, they are not
objecting to it that strongly.
In response to question raised regarding
the County Mortgage Revenue Bond
Program, Air. Dmohowski stated that it is
their desire to utilize this program to
finance this project, and if the funding
is available, 20Z of the units on site
would be affordable units. The rental
units are estimated to be from $1,000 to
$1,800 per month.
With respect to Condition No. 44, it was
recommended by staff that additional
language be added to the effect that
"credit shall not exceed .5 times
buildable."
Barney Larks, 1901 Beryl Lane, addressed
the Council regarding low- and
moderate- income housing within the
subject project, wherein it was noted
that SOX of the available units will be
affordable to County- median family
Volume 38 - Page 118
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Motion
Ayes
Noes
CITY OF NEWPORT BEACH
8 l X I X I X I X I I X
MINUTES
April 23, 1984
income, and 20% of the affordable units
will be affordable to County -low family
income.
Susan Porter, 32 Ocean Vista, and Susan
Frederick, 18 Ocean Vista, Sea Island
residents, addressed the Council and
stated that they had not been notified
personally of this project through their
homeowners association, and therefore,
requested the hearing be continued in
order for them to obtain additional
information concerning the development.
The staff noted that the Sea Island
Homeowners Association had been given
notice of this public hearing on April
11, 1984, as well as notification of the
project in September 1983, when the EIR
was prepared.
Following discussion, motion was made to
continue the public hearing to May 14,
1984, and direct staff to renotify the
Sea Island Homeowners Association of
this continuance.
4. Mayor Hart opened the public hearing and
City Council review of GENERAL PLAN
AMENDMENT 83 -2(b), a request initiated
by the City of Newport Beach, to amend
the HOUSING ELEMENT of the NEWPORT BEACH
GENERAL PLAN to update the Community
Market Analysis and Housing Needs
Assessment sections on the basis of more
recent data and revise the Constraints
to Housing Delivery and Housing Program
Sections in response to implementation
progress made since November of 1982.
This amendment is being made pursuant to
Government Code Section 65580 et. seq.
Report from the Planning Department, was
presented.
Council Member Strauss stated that due
to the importance of this issue, and
inasmuch as the City Council had just
received the document for review, he
would recommend this item be continued
to May 14, 1984.
The Planning Director advised that if
the hearing is continued, it would mean
the draft Housing Element document could
still be submitted to the State
Department of Housing and Community
Development, allowing them a 45 -day
review period. However, it would not
allow the Planning Commission sufficient
time to review it with the comments from
the State.
Volume 38 - Page 119
3PA 83 -2(b)
(45)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
cp+ ¢ � 9G 9� 9 y � � y te9 � 'S� •p o `
April 23, 1984
ROLL \CAL \0*\tpo
MINUTES
W r%c w
Motion
x
Following discussion, motion was made to
All Ayes
continue this item to May 14, and to
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direct staff to submit the draft Housing
Element document to the State Department
of Housing and Community Development
with notification that the City Council
will not be taking public testimony
B
until May 14, 1984.
Jeff Goldman, Senior Planner, Connerly
and Associates, addressed the Council
relative to preparation of the document,
and answered questions regarding housing
affordability and first -time buyers.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on May 14, 1984:
(a) Proposed ORDINANCE NO. 84 -14,
Ord 84 -14
being,
Finance /.
Water Rates
AN ORDINANCE OF THE CITY OF
(40/93)
•
NEWPORT BEACH AMENDING
SECTIONS 14.12.040 AND 090 OF
THE NEWPORT BEACH MUNICIPAL
CODE REGARDING PROCEDURES FOR
ESTABLISHING WATER RATES AND
CHARGES (Report from Utilities
Director).
Schedule for public hearing on May 14,
1984:
(b) Proposed ORDINANCE NO. 84 -15,
Ord 84 -15
being,
Zoning
(94)
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH AMENDING
PORTIONS OF DISTRICTING MAPS
No. 22 AND 25 SO AS TO
RECLASSIFY PROPERTY DESCRIBED
AS TRACT NO. 11018 FROM THE
R -3 (2178) DISTRICT TO THE A -P
DISTRICT - PLANNING COMMISSION
PCA 601
AMENDMENT NO. 601 (Report from
Planning Department).
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
•
Volume 38 - Page 120
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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(b) Resolution No. 84 -31 requesting
City Atty /
legal defense by the County of
Savon
Orange in property tax action
( Savon V. County and City).
Res 84 -31
(31)
(Report from City Attorney)
h
(c) Resolution No. 84 -32 rescinding
Finance/
Resolution No. 84 -2 regarding water
Water Rates
rate adjustments. (See report with
Res 84 -32
Agenda Item F -1(a))
(40/93)
(d) Resolution No. 84 -33 pursuant to
Police Dpt
the Penal Code Section 4017 to
Res 84 -33
order Trustees confined in the City
(70)
Jail to labor the public works or
ways in the City. (Report from
Assistant City Attorney)
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2403 to Premiere
NptBlTfkMdn
Landscape, Inc., for $88,359.20 for
Lndscpg
all of the items in the bid
C -2403
documents for Newport Boulevard
(38)
Traffic Median Landscaping; and
authorize the Mayor and City Clerk
to execute said contract. (Report
from Parks, Beaches and Recreation)
(b) Approve Consultant Agreement
Library
between City and Susan Baerg
Automtn Sys
Epstein Limited, for Library
Cnsltnt Agm
•
Automation System. (Report from
C -2445
Board of Library Trustees).
(38)
4. COMMUNICATIONS - For referral as
indicateoi:
(a) To staff for response, Assistance
Organiztns/
League of Newport Beach requesting
NptAstnc
nomination for Junior Woman of the
League
Year Award.
(61)
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Minutes of March 7, and Preliminary
Agenda for May 2, 1984 of Local
Agency Formation Commission of
Orange County.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Kim Nelson Boone, alleging personal
Boone
injuries by City Police Department
as a result of arrest on February
29, 1984 at Court Street and
McFadden Place.
Volume 38 - Page 121
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CA�Lo%
R ®LL ��9 y�9F.pgG' pct• April 23, 1984
MINUTES
Wncv
(b) Martha Kitts, alleging personal
Kitts
injuries as a result of fall on
roadway on March 13, 1984 at
Washington Street and East Balboa
Boulevard.
F(c)
John Hernandez for property damage
Hernandez
as a result of traffic collision
with City vehicle on April 9, 1984
on Miramar Drive.
(d) Cynthia A. Luther alleging property
Luther
damage as a result of broken water
line by City truck in August, 1983,
at 11.21 E. Balboa Boulevard.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
Patric Todd Trevino for damages, Orange
Trevino
County Superior Court, Case No. 423934.
Claim was denied by City Council on
October 24, 1983.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
.(a) One Emergency Equipment Dispatcher,
Police Department.
(b) One Custodial Officer, Police
Department.
(c) One Building Maintenance Man I,
Parks b Recreation Department.
(d) One Marine Safety Officer, Marine
Department.
(e) One Purchasing Clerk I, Finance
Department.
9. STAFF AND COMMISSION REPORTS:
(a) Report from Parks, Beaches and
SMiguel Prk/
Recreation Director regarding
PB&R
ACCESS TO SAN MIGUEL PARK.
(62)
(Attached - Note: For receipt and
file pending Budget Review)
(b) Removed from the Consent Calendar.
10. PUBLIC HEARING SCHEDULING - For May 14,
1984:
(a) APPEAL'OF PULASKI AND ARITA FOR
U/P 3091/
RESUBDIVISION NO. 773 AND USE
Resub 733
PERMIT NO. 3091 from denial by
(88/84)
Planning Commission on March 22,
.
1984, on property located at 1319
Volume 38 - Page 122
COUNCIL MEMBERS
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0
CITY OF NEWPORT BEACH
MINUTES
April 23, 1984
East Balboa Boulevard. A request
to resubdivide an existing parcel
of land into a single parcel-for
condominium purposes; also a
request to permit the construction
of a four unit residential
condominium development on property
located in the R -3 District, which
exceeds the 24 foot basic height
limit located in the 24/28 Foot
Height Limitation District on the
front one -half of the lot. The
proposal also includes a
modification to the Zoning Code so
as to allow the proposed ground
floor garages to encroach four feet
into the required four foot
easterly side yard setback area.
Included also is a request to
permit the construction of roof top
architectural features of an open
nature which exceeds the basic
height limit, and the approval of
Residential Coastal Development
Permit. A Negative Declaration has
been prepared by the City in
connection with the application
noted above.
(b) GENERAL PLAN AMENDMENT NO. 83 -1(c)
- Request of HELTZER ENTERPRISES,
Los Angeles, for an amendment to
the Newport Beach General Plan for
property located adjacent to
MEDICAL LANE, so as to redesignate
said property from "Multiple Family
Residential" uses to "Administra-
•tive, Professional, and Financial
Commercial" uses, and the
acceptance of an Environmental
Document. This project includes
PLANNING COMMISSION AMENDMENT NO.
601 and a TRAFFIC STUDY and
CERTIFICATION OF CORRECTION FOR
TRACT NO. 11018. (Report from
Planning Department).
(c) PLANNING COMMISSION AMENDMENT NO.
606 •- Request of KOLL CENTER
NEWPORT, Newport Beach, to amend
the Koll Center Newport Planned
Community Development Standards so
as to transfer the undeveloped
remaining allowable area for
office, restaurant and retail uses
from "Office Site A" to 'Office
Site B." Property located on the
easterly and westerly sides of Von
Karman Avenue between Birch Street
and MacArthur Boulevard; zoned P -C.
This project also includes
AMENDMENT NO. 4 TO THE KOLL CENTER
Volume 38 - Page 123
GPA 83 -1(c)
(45)
PCA 601/
Tfk Stdy/
Certf Crctn
Tr 11018
PCA 606
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL 9 . G� A ril 23, 1984
R ®LL 9 �� d* p
MINUTES
I &IMC V
TRAFFIC PHASING PLAN, a request to
amend the plan so as to transfer
space from "Office Site A" to
Office Site B." (Report from
Planning Department)
11. AMENDMENT NO. 604 - Approve an amendment
Amnd 604/
agreement guaranteeing completion of the
Resub 319
public improvements required with said
(84)
amendment located at 1400 Dove Street;
and authorize the Mayor and City Clerk
to execute the agreement. (Report from
Public Works),
12. ACCEPTANCE OF SIDEWALK AND TREE
Balboa Pnsla
REPLACEMENT ON BALBOA PENINSULA (C- 2375).
Sdwlk Rplcm
- Accept the work; authorize the City
C -2375
Clerk to file Notice of Completion and
(38)
release the bonds 35 days after Notice
has been filed. (Report from Public
Works).
13. ACCEPTANCE OF BUFFALO HILLS PARK AND
Buffalo Hls/
WEST NEWPORT BASKETBALL COURTS (C -2417)
WNpt Bsktbl
- Accept, the work; authorize the City
Crts
Clerk to file Notice of Completion and
C -2417
release the bonds 35 days after Notice
(38)
has been filed. (Report from Public
Works).
14. ENCROACHMENT AGREEMENT FOR CONSTRUCTION
Permit /Ench
OF A PRIVATE DRAIN WITHIN THE AVOCADO
Avocado St
STREET RIGHT -OF -WAY - Approve an
(65)
encroachment agreement for private storm
drain improvements in the public
right -of -way with the Bank of Newport;
authorize the Mayor and City Clerk to
execute the agreement, and direct the
City Clerk to have the agreement
recorded with the Orange County
Recorder. (Report from Public Works).
15. VACATION OF STREET RIGHT -OF -WAY FOR THE
Vacation/
CONVERSION OF PUBLIC STREETS TO PRIVATE
Harbor H1
STREETS WITHIN TRACT 10151 - HARBOR HILL
(90)
- Approve authorization to move public
hearing up to May 14, 1984, from the
previously scheduled July 24,1984 date.
(Report from Public Works Department).
16. LOT LINE ADJUSTMENT NO. 83 -1 - WESTCLIFF
Tfk Sgnl
PLAZA SHOPPING CENTER - Approve a
Impvm /WClff
traffic signal agreement guaranteeing
Plaza Shpg
completion of traffic signal
(85)
improvements required with Lot Line
Adjustment at 1020 Irvine Avenue; and
authorize the Mayor and City Clerk to
execute the agreement. (Report from
Public Works Department).
Volume 38 - Page 124
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL o ®�� yFpF�9Ge{°� April 23, 1984
MINUTES
11inp Y
17. PROPOSED ELECTRICAL EASEMENT AT CITY
SoCAEdison/
HALL - Authorize the Mayor and City
Easmt grnt
Clerk to execute a grant of easement to
(42)
•
the Southern California Edison Company
for a vault and transformer to serve the
Professional and Technical Building.
(Report from Public Works Department).
18. IMUA CANOE CLUB REQUEST TO USE NORTH
NoStar Bch/
STAR BEACH - Approve request to use a
IMUA Canoe
portion of North Star Beach subject to
Clb
conditions listed in.the staff report.
(62)
(Report from Parks, Beaches and
Recreation)
19. ACCEPTANCE OF OASIS PARK DEVELOPMENT
Oasis Prk
(C -2412) •- Accept the work; and
Dvlp
authorize the City Clerk to file a
C -2412
Notice of Completion and release the
(38)
bonds 35 days after Notice of Completion
has been filed, provided no claims
filed. (Report from Parks, Beaches and
Recreation)
20. IRVINE TERRACE PARK IMPROVEMENTS
Irvine
(C -2440) •- Approve the plans and
Terrace Prk
specifications; and authorize the City
C -2440
Clerk to :advertise for bids to be opened
(38)
at 10:00 a.m. on May 17, 1984. (Report
from Parks, Beaches and Recreation)
21. HARBOR PERMIT APPLICATION #145 -19 BY
Harbor Perm
RICHARD HAUSMAN - Approve application to
Apl #145 -19
build a residential pier and slip
(51)
bayward of #19 Harbor Island, subject to
the conditions of approval listed in the
staff report. (Report from Marine
Department:)
22. SPECIAL EVENT PERMITS - For approval
Permits/
subject to conditions: (Report from
Spcl Events
License Supervisor).
(65)
(a) Jefferson School, to perform
concert Thursday, May 24, 1984 from
4 to 6 p.m. at Balboa Gazebo.
(b) Balboa Improvement Association,
for band concerts in July, August,
September, 1984 from 5 to 8 p.m.,
at Balboa Gazebo on Sundays.
(c) Sherman Library 8 Gardens, for
dinner dance on Saturday, August
25, 1.984 from 6 p.m, to 12 midnight
at 2647 E. Coast Highway.
(d) Corona del Mar High School, for
graduation party on June 14, 1984
from 9 p.m. to 3 a.m. on school
site.
Volume 38 - Page 125
COUNCIL MEMBERS
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Motion
x
CITY OF NEWPORT BEACH
Ayes
Noes Ix Ix Ix Ix Ix I I x
MINUTES
April 23, 1984
(e) Maranatha Music, for concerts
in June and July, from 11 a.m. to 4
p.m. at Balboa Gazebo on Saturdays.
23. BUDGET AMENDMENTS - For approval:
BA -068, $975 - Transfer of Budget"
Appropriations for City's share of
consultant services for representation
on street light issues by the California
Street Lighting Association before the
California Public Utilities Commission;
Electrical Fund.
BA -069, $11,500 - Increase in Budget
Appropriations and Revenue Estimates for
replacement of demolished vehicle and
payment from insurance; Rolling
Equipment /Planning Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed ;resolution amending Resolution
No. 9075 regarding Newport Pier
Concession Agreement between the City of
Newport Beach and Wolfgang and Erika
Merting (Contract No. 1901), to allow
two (2) parked vehicles on Newport Pier,
was presented with a report from the
Executive Assistant to the City Manager.
It was noted by staff that the
concessionaire, who operates the
Fisherman's Galley restaurant at the end
of the Newport Pier has requested to be
allowed to park two vehicles instead of
one on the pier. The request has been
reviewed and approved on a trial basis
by the Marine and Fire Departments.
Following comments, motion was made to
deny the request.
Ken Delino, Executive Assistant,
addressed the Council and stated that
the concessionaire made this request
basically for convenience for his
employees„ as there is no other place to
park.
The motion on the floor was voted on and
carried.
(25)
NptPier
Cncsn Agm
C -1901
(38)
2. A report from the Executive Assistant to CATV Cables
the City Manager regarding an ordinance (42)
to prohibit overground cables where
UNDERGROUND) CATV CABLES exist, was
presented..
Volume 38 - Page 126
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\n y o s
CALG Rd1LL � A y�9��9G�d+ April 23, 1984
MINUTES
gunFY
At the request of the Mayor, the City
CATV Cables
Manager summarized the contents of the
report, which included a memorandum from
•
the Assistant City Attorney regarding
the restriction of cable television
facilities on preexisting utility poles.
Following investigation by the City
Attorney's Office, it was revealed that
such an ordinance would contravene
existing State legislation and existing
City franchise agreements with the
electrical utility company.
Motion
x
In view of the foregoing, motion was
All Ayes
made to discontinue consideration of the
subject ordinance, as recommended by
staff.
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE NO. 84 -11, being,
Ord 84 -11
Elections/
AN ORDINANCE OF THE CITY OF NEWPORT
Campaign
BEACH AMENDING CHAPTER 1.25 OF THE
Cntrb
NEWPORT BEACH MUNICIPAL CODE
(39)
REGARDING CAMPAIGN CONTRIBUTIONS.
was presented for second reading and
adoption, with report by the Ad Hoc
Elections Procedural Review Committee,
dated March 26, 1984, and report from
the City Attorney, dated April 18, 1984.
The City Clerk reported that, after the
agenda was printed, a letter was
received from the League of Women Voters
regarding proposed revision to the
subject ordinance.
Jim Dale, President, Newport Harbor Area
Chamber of Commerce, addressed the
Council and advised that their Board of
Directors had reviewed the subject
ordinance and were in support as
proposed.
Chris Goeli.tz, League of Women Voters,
addressed the Council and noted that
Section 1.25.020B makes $500 the
threshold when committees must file
campaign statements. The current
ordinance lists $200, which the League
feels is more appropriate for municipal
elections.
I
Motion
x
Following comments, motion was made to
Ord 84 -11
reintroduce Ordinance No. 84 -11, with
Reintrodcd/
the following amendment:
Amad
Volume 38 - Page 127
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
April 23, 1984
MINUTES
°1.25.040 Campaign Statement:
(a) All candidates, committees,
controlled committees, and persons
shall file campaign statements in
accordance with the provisions of
the Political Reform Act of 1974,
as amended.
(b) In addition to the disclosure
requirements imposed by State law,
each candidate, controlled
committee or committee shall
maintain records of the names and
addresses of all persons who make
contributions and the amount of
each contribution. A true and
accurate copy of these records
shall be submitted to the City
Clerk when campaign statements are
filed. The City Clerk shall
retain, and periodically review,
these records to determine if there
has been any violation of the
provisions of this ordinance. The
records required by this subsection
(b) are privileged and shall not be
disclosed except to the limited
extent provided for herein.11
In addition, Section 1.25.060 to be
amended raising late contributions from
$50 to $100.
It was noted that the Ad Hoc Elections
Procedural Review Committee had not
reviewed the proposed amendments.
Council Member Strauss expressed his
opposition to the proposed amendment,
and indicated he did not feel the City
could legally keep this kind of
information from public view.
In response to Council Member Strauss,
the City Attorney commented that the
Council could restrict access to this
type of information, recognizing that
the purpose! for the changes in the
ordinance is to further the number of
contributions made by persons who desire
to contribute less than $100. If this
is the reason the City Council amends
the proposed ordinance, the City Council
can impose the privilege on that
information to insure confidentiallity
of small contributions and thereby
encourage people to make such
contributions.
Volume 38 - Page 128
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
� off o sA 9 9
lr
PP April 23, 1984
tp
ROLL \CAL 9
MINUTES
INDEX
Mayor Hart stated that inasmuch as the
Ad Hoc Elections Procedural Review
Committee did not review this proposed
amendment, she could not support it.
Ayes
x
x
x
x
The motion was voted on and carried.
Noes
x
x
Pursuant to City Council directive, a
proposed Code of Ethics was scheduled
for consideration on May 14, or May 29.
2. ORDINANCE NO. 84 -12, being,
Ord 84 -12
Finance/
AN ORDINANCE OF THE CITY OF NEWPORT
Recreational
BEACH AMENDING THE PROVISIONS OF
Veh Campst
CHAPTER 3.16 OF THE NEWPORT BEACH
Tax
MUNICIPAL CODE REGARDING COLLECTION
(40)
OF TRANSIENT OCCUPANCY TAX FOR
SPACE OR CAMPSITES OCCUPIED BY
RECREATIONAL VEHICLES IN PRIVATE
CAMPGROUNDS OR STATE PARKS,
was presented for second reading and
adoption, with report from City Attorney
dated April 9, 1984.
Richard Luehrs, Executive Director,
Newport Harbor Area Chamber of Commerce,
addressed the Council and indicated that
their Board was opposed to the proposed
tax. They felt the City should be more
cautious about raising taxes without the
benefit of a specific need, or use.
Motion
x
Motion was made to adopt Ordinance No.
Ayes
x
x
x
x
x
84 -12.
Noes
x
I. CONTINUED BUSINESS:
1. Report from Parks, Beaches & Recreation
PB &R /Cncl
Commission regarding COMMERCIAL USE OF
Policy
PUBLIC RECREATION FACILITIES, was
(62/69)
presented.
During course of discussion, it was
recommended that staff eliminate
"suggested caterers" from the packet of
information given to potential renters
of City facilities. It was also
recommended that security guards be
State licensed.
Motion
x
Motion was made to approve the
All Ayes
recommendation that adds a new
commercial use category, and amends
Council Policies I -S and G-4 to comply;
and adopt the proposed fee schedule that
establishes rates for commercial use.
Volume 38 - Page 129
CITY OF NEWPORT REACH
COUNCIL MEMBERS
\CAL ROLL �p Gsi►' April 23, 1984
MINUTES
ilunF Y
1-
2. Report from City Manager regarding
General
BALBOA PENINSULA POINT STREET SWEEPING
Services/
PROGRAM, was presented.
Balboa Pns
Pt St Swpg
Mo
x
Motion was made to adopt Resolution No.
(44)
All Ayes
84 -34 establishing "No Parking"
restrictions on streets on Balboa
Res 84 -34
Peninsula Point on certain days to
improve street sweeping effectiveness.
J. CURRENT BUSINESS:
1. Report from Public Works regarding
acation/
VACATION OF TICONDEROGA STREET TO A
iconderog
PRIVATE STREET, was presented.
(90)
Letter from R. E. Hageman regarding
Ticonderoga Abandonment /David vs.
Newport Beach, was presented.
The City Clerk advised that after the
agenda was printed, a letter was
received from Newport Crest Homeowners
Association in response to the letter
from R. E. Hageman regarding Ticonderoga
Street.
Mayor Hart advised that she had received
a telephone call from Council Member
Plummer prior to this meeting,
suggesting that the City Council not
proceed with this item until she has
obtained additional information.
The City Manager stated that the purpose
of the resolution under consideration is
only to set the public hearing for May
14. He advised that he would contact
Council Member Plummer regarding her
concerns, and have the information she
desires available at the time of the
public hearing.
Carl Cheadle, Member of the Board of
Directors, Newport Crest Homeowners
Association, addressed the Council and
spoke in support of the proposed
vacation of Ticonderoga Street, as set
forth in their letter of April 23, 1984.
Notion
x
Following discussion, motion was made to
Res 84 -35
All Ayes
adopt Resolution No. 84 -35 declaring
City's intention to vacate Ticonderoga
Street proposed to be vacated, and
setting May 14, 1984 as the date for the
public hearing concerning the intended
vacation; and waive the $1,000
processing fee provided for under
Council Policy L -11.
Volume 38 - Page 130
1-
Motion
All Ayes
MEMBERS
S s�
IV
9
x
CITY OF NEWPORT BEACH
Motion x
All Ayes
i$o on x
Ayes x x x x
Noes x
i
MINUTES
April 23, 1984
2. Resolution establishing an Ad Hoc
Committee to study the MARINERS MILE
SPECIFIC AREA PLAN, was presented.
Jim Dale, Member of the Mariners Mile
Steering Committee, addressed the
Council and requested that the
membership of the proposed committee be
expanded to include a.
representative
from the Mariners Mile Community
Association, and a representative from
Newport Heights Homeowners Association.
Following discussion, motion was made to
adopt Resolution No. 84 -36, and appoint
Mayor Hart:, Council Member Cox and
Planning Commissioner David Goff to said
Committee; Mayor to report back as to
who will represent Mariners Mile
Community Association and Newport
Heights Homeowners Association, as
liaison members.
3. See Minute! page 115 (April 23, 1984)
regarding report from Traffic Engineer
- WEST NEWPORT RESIDENTIAL PERMIT
PARKING PROGRAM.
K. ADDITIONAL. BUSINESS:
1. Motion was made to schedule public
hearing on Use Permit No. 3081 for May
14, 1984.
2. Motion was made to schedule public
hearing on. Use Permit No. 3086 and
Traffic Study for May 29, 1984.
Meeting adjourned at 11:08 p.m.
IYMYOR
Volume 38 - Page 131
Council Ad
Hoc Mariners
MiSpcfcAPln
(24)
lRes 84 -36
WNptRsdntl
Parking
Permit Prg
U/P 3081
U/P 3086/
Tfk Stdy