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HomeMy WebLinkAbout05/14/1984 - Regular MeetingAn,t x x Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH x x x x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: May 14, 1984 Mayor's Proclamation advocating "National Police Week," was presented to Police Chief Gross by Mayor Pro Tem Maurer. x A. ROLL CALL. B. The reading of the Minutes of the Meeting of April 23, 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. D. HEARINGS: 1. Mayor Hart: opened the continued 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, redesignat:ing the site on the northeasterly corner of East Coast Highway and Jamboree Road from "Low- Densfty 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; AND PLANNING COMMISSION AMENDMENT N0. 605 (ORDINANCE N0. 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 TRAFFIC STUDY - A request to consider a 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; AND Volume 38 - Page 132 ,SPA .83 -2 (c) (45) ?CA 605 (94) Stdy 11937 COUNCIL MEMBERS 10 • C J CITY OF NEWPORT BEACH MINUTES May 14, 1984 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 implementation of the State law relative to low -and moderate- income housing within the Coastal Zone. Report from the Planning Department, was presented. The City Manager, at the request of Council, explained that the item before them was basically, a modification of the City's General Plan (Land Use Element) so that it is .consistent with the City's Local Coastal Plan; and a subdivision process to permit construction of the residential units. At the request of Council Member Strauss, the City Manager explained that the zoning; on the property and the General Plan designation would accommodate low- density residential. Of the 154 dwelling units proposed to be constructed, 33 are specifically . allocated to the site and 121 units are transferred to the site, as permitted by General Plan Amendment 83 -1(e) Newport Center. John Calandro, 38 Ocean Vista, President of Island Lagoon Homeowners Association . (within the Sea Island Development), addressed the Council regarding public notification process for the CEQA, State guidelines and City policy. The City's Environmental Coordinator, Pat Temple, stated that CEQA does require, at the time that the EIR is prepared, to notify as many people as it can determine may have an interest, or permitting relationship in regards to a proposed.project. CEQA requires that all State agencies who have an interest in the project be notified, and also gives a general direction within the guidelines that persons of interest be notified. While there is no specific direction, other than that a locality should know who might be interested in receiving a notice, the City has a system what is known as nonstatutory advisement, which means that it is not required by statute, but it is the Volume 38 - Page 133 S 83 -2(c) COUNCIL MEMGM 0 • • CITY OF NEWPORT . BEACH MINUTES May 14, 1984 City's effort to comply with this portion of CEQA. As a matter of course, all homeowners associations are notified by the City, of every EIE, as well as any individual who the City knows to be interested in a project, and such noticing wets done with regard to this project. Planning Director James Hewicker, commented, that there are certain other discretionary approvals associated with this project, and it is the State requirement: and the policy of the City to additionally notify all owners of property as identified on the last equalized tax rolls. In many cases the notice goes to a management company, who may fail to notice some of the people that are d1rectly affected in a timely fashion. This was noted as a problem during the hearing of April 23, and the 3-week interim was provided as an extra opportunity for anybody who had not received notice through normal channels to become aware of the project, and have an opportunity to have a presentation made by The Irvine Company, or come to the City and make a presentation. Mr. Hewicker added that the Planning staff attended a recent homeowners association meeting in an attempt to meet with them. Also, the City maintains it list of all the associations within the City, both the mandatory associations, which people automatically become a member of when they buy into a residential development, and to the volunteer -type community associations. The City maintains a map of management companies and officers on the board, who are notified to the extent that the City has up -to -date information. Mr. Calandro stated that they had contacted :Irvine- Pacific the afternoon of May 3 after the Island Lagoon Homeowners Association board members met in hopes of obtaining another continuance to address the concerns of those homeowners who are relatively new to the community. On May 7 they had a regularly scheduled board meeting and they were told that The Irvine Company would not be asking the City Council for a continuance, but that they would be making a presentation tonight. Since .that time, the Island Lagoon Homeowners Association still feel they need a Volume 38 - Page 134 83 -2(c) • • El CITY OF NEWPORT BEACH MINUTES May 14, 1984 continuance, as their questions have not been adequately covered. On the afternoon of May 10, Mr. Calandro stated he received a copy of the Planning Department staff report and EIR Study. That evening the homeowners association had a meeting with approximately 15 families, and in attendance was Pat Temple, the City's Environmental Coordinator and The Irvine Company Representatives. At that time, the homeowners association again asked for a continuance with the City Council so that they could have time to digest the information. Suzanne Frederick, 18 Ocean Vista, addressed the Council, stating that her home was the closest to the development. Before purchasing her home she made inquiries regarding the proposed development and was told it would be low- density, and that there would be four residential units per acre. She stated that she purchased in Sea Island Lagoon specifically with the understanding The Irvine Company, as owners of the land, purported that this was residential, low -rdensity, which would sustain the health and welfare of her husband, who has gone through several major surgeries. Dave Dmohowski,.representing The Irvine Company, addressed the Council with respect to the April 23 staff report, Condition No. 44, requesting that additional. language be added to read: "Further this dedication of right;- of-way shall meet the future fair -share contribution for the commercial parcel northeast of the Intersection of Coast Highway and Jamobree Road." This is to provide for ultimate dedication. of the future right -of -way for Coast Highway, westerly of Jamboree. In exchange The Irvine Company would receive fair -share credit for the future commercial, parcel at the northeast corner of that intersection. Mr. Dmohowski stated that in the May 14 staff report, the City staff included a revised condition related to the Development Agreement for Newport Village and provision for affordable housing, and wanted to let the Council know The Irvine Company has no objection with the suggested language. Volume 38 - Page 135 83 -2(c) • V • • CITY OF NEWPORT BEACH MINUTES May 14, 1984 In response. to Council Member Agee, City Attorney Robert Burnham stated that the City has provided proper notice pursuant to local and State policies. The City Manager added that the condition referenced by Mr. Dmohowski, in the foregoing, would be Condition No. 60: "That the Development Agreement shall include provisions for the phasing of the Villa Point project with the construction of affordable housing units on the Newport Village, Baywood Expansion or Fifth Avenue! and MacArthur Boulevard sites„ In the event one or more of these projects cannot be timed to coincide with the construction of this project, the City may allow the appropriate number of affordable housing units to be provided on a temporary basis on site; off site on the Baywood Expansion, Fifth Avenue and MacArthur Boulevard or Newport Village sites; or a combination thereof." Regarding further clarification of Condition No. 44 that already exists, City Manager Robert Wynn stated, it is proposed by The Irvine Company to add language to the effect that the proposed dedication of right -of -way, Coast Highway from Jamboree to Bayside to permit, when funding is available, widening the street. This dedication of right- of-way will meet the future fair -share contribution of the commercial parcel northeast of the intersection of Coast Highway and Jamboree Road at an maximum intensity of 5 x buildable. Dave Dmohowski, introduced James Montgomery of Irvine Pacific who, in response to Mayor Hart's concern regarding utilizing the traffic signal at the golf course for ingress and egress rather than having another signal on Coast Highway, stated that one of the conditions on the project says that it is their intent to tie that in if it is feasible, and is Condition No. 58. Mr. Montgomery addressed the Council with regard to concerns raised about the noise density and blockage of the golf course views. He stated that they will have combinations of bermes and walls on Volume 38 Page 136 83 -2(c) MEMBERS S s� • • CITY OF NEWPORT BEACH MINUTES May 14, 1984 the Pacific Coast Highway side of the project, but the interior of the project adjacent to the golf course will have wrought iron fencing at the request of the golf course operator. Further, that the mass of buildings along Pacific Coast Highway would block some noise generated by vehicular traffic to the Sea Island project. John Caland:ro, again addressed the Council, stating that the Island Lagoon Homeowners Association would like to have more time to submit a list of their concerns to The Irvine Company and the City Council regarding landscaping, vehicular traffic and noise levels generated, signage, screening of trash areas, proposed bus stop and other issues, before they could feel comfortable with the development being proposed. David Menscher, 33 Ocean Vista, submitted a copy of the contiguous area report prepared by The Irvine Company, Marketing Division, and commented that it details everything the potential purchaser should know, except for the fact that there was going to be a zoning change. No notification was given to any single new owner during the escrow process. At the request of Mayor Hart, Mr. Montgomery illustrated on the wall map where the parking and trash collection areas will be screened by the buildings. Mr. Montgomery stated that the signing will comply with the sign ordinance for Newport Center. Pat Temple, Environmental Coordinator, addressed the Council, illustrating on the wall map that the location of the proposed bus stop would be located along East Coast Highway, between Backbay Drive and Jamboree Road and adjacent to commercial developments. In answer to Council Member Heather's question regarding the EIR, Planning Director James Hewicker stated that discussion took place during the fall of 1983, and the Sea Island Association was notified, as this was the only association that the Planning staff had knowledge of. As each segment of the project is recorded, individual associations are formed. The Island Lagoon Association, apparently was formed in December of 1982 or 1983. Volume 38 - Page 137 GPA 83 -2(c) COUNCIL MEMBERS 1I 11 u • Motion Ayes Noes 4` • CITY OF NEWPORT BEACH MINUTES May 14, 1984 Chris Diales, 15 Ocean Vista, addressed the Council, stating that they purchased their land from The Irvine Company, and they received, shortly after the close of escrow, a statement in the mail how proud The Irvine Company was to transfer the fee to each purchaser,,yet there was no notification, or disclosure on the property. Mr. Diales stated that he was not opposed to the merits of the project, but: is alarmed because he did not have time to think about it, and he is supporting a continuance. John Calandro addressed the Council again, stating that their association board of directors are requesting they have a little bit more time. He stated that the last notification sent to Island Lagoon Association was sent to The Irvine Company and was never forwarded to them. Mayor Hart closed the public hearing. At the request of Council Member Heather, the public hearing was reopened, and Dave Dmohowski addressed the Council stating that they would be happy to consent to a two -week continuance to further discuss the concerns of the property owners and Island Lagoon Homeowners Association. x Following discussion, a motion was made x x x x x x to continue the public hearing to. May x 29, 1984. 2. Mayor Hart opened the continued public hearing and City Council review of GENERAL PIA.4 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. Volume 38 - Page 138 83 -2(c) (45) 83 -2(b) MEMBERS • • CITY OF NEWPORT BEACH MINUTES May 14, 1984 Bob Lenard, Advanced Planning Administrator, addressed the Council, stating that he and Craig Bluell, Senior Planner met with the State Department of Housing and Community Development in Sacramento in an effort to help them understand what type of community Newport Beach was, and some of the natural housing constraints. Planning Director James Hewicker added that the City's consultant is headquartered in Sacramento and is contracted to work with the State Department of Housing and Community Development in reviewing draft documents. Dave Dmohowski, representing The Irvine Company, addressed the Council stating that they have prepared a letter signed by Richard! G. Sim, Vice President of Community Development, which outlines general comments on the housing elements, and expect to participate with the City over a long period of time in the implementation of the affordable housing program.'He also assured the Council that The Irvine Company is supportive of the City's efforts to update the housing element, the zoning incentives, density bonuses that are incorporated into the housing element which make it possible to provide low - and moderate- income housing, and to participate in financial programs such as the mortgage revenue bond program. He added that The Irvine Company would like to be able to have the affordable criteria and the actual program for overseeing the implementation of this program be as simple and easy to administer as possible, and which deals along the lines of the Mortgage Revenue Bond Program. Mr. Dmohowski brought the Council up -to -date regarding the direct reference to the 5th Avenue parcels in Corona del Mar, and indirect reference to the possibility of providing senior citizen housing on those particular parcels. He stated The Irvine Company believes that, at this time, the senior citizen housing opportunity is probably most feasible on the 5th Avenue and MacArthur parcel, and they have preliminarily ruled out the possibility of the parcels easterly of Oasis. Volume 38 - Page 139 83 -2 (b) COUNCIL MEMOS Motion All Ayes • Motion All Ayes 0 x x CITY OF NEWPORT BEACH MINUTES May 14, 1984 Crystal Sims, Attorney representing the Legal Aid Society of Orange County, addressed the Council and submitted a letter for the record regarding comments after the initial review of the draft Housing Element. She stated that there will be further comment prior to final adoption of the Housing Element by the city. Hearing no one else wishing to address the Council,, the public hearing was closed. Council Members Strauss and Agee commented that they would like the Council to reconsider the length of time that the City attaches to rental or affordable housing. Following discussion, motion was made to schedule public hearing as soon as the City hears from the State Department of Housing and Community Development. 3. Mayor Hart opened the public hearing regarding VACATION OF STREET RIGHT -OF -WAS' FOR THE CONVERSION OF PUBLIC STREETS TO PRIVATE STREETS WITHIN 10151 HARBOR HILL. Report from the Public Works Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 84 -37 ordering the vacation and abandonment of Windsor, Hillsborough and Belmont within Tract 10151; and directing the City Clerk to have said resolution recorded with the Orange County Recorder. 4. Mayor Hart opened the public hearing regarding VACATION OF TICONDEROGA STREET TO A PRIVATE STREET. Report from Public Works Department, was presented. Chris Hansen, 22 Encore Court, a member of the Newport Crest Board of Directors, addressed the Council and .submitted a signed copy of the agreement between Newport Crest and Sea Wind Homeowners Associations, which outlines . the responsibilities of the respective associations. Volume :38 - Page 140 83 -2(b) (90) Hill 84 -37 MEMBERS CITY OF NEWPORT BEACH May 14, 1984 MINUTES Vacation/ Ticonderoga Mr. Hansen stated that they agree with the conditions listed in the staff report of May 14, and with the proposed • changes to Conditions No. 6 and 7 of the staff report, as outlined by City Manager Robert Wynn and Public Works Director Ben Nolan. Mr. Hansen added . that he would like to thank the Council and City staff for their cooperation, time and effort during the past seven years towards the completion of this project. Rodger Hageman, 7 Goodwill Court, addressed the Council, requesting continuance until such time that the community association can present and fully disclose the costs and plans for Ticonderoga, stating that Council Policy L -11 is not being complied with. Public Works Director Ben Nolan addressed the Council in an effort to answer Mr. Hegeman's concerns regarding the traffic signal and maintenance costs. He stated that with regard to the traffic signal, one of the conditions of approval provides for the association to deposit their share prior to final completion of abandonment, and will be part of the agreement. He added that maintenance costs are relatively modest, particularly in comparison with the maintenance costs already obligated for the existing private streets in the development and the common landscaped areas. In response to Council inquiry, City Attorney Robert Burnham stated that the spirit and intent of Council Policy L -11 has been complied with. He added that when a street is vacated the City has nothing further to do with the street, and reserves the service easement, in this case a bikeway easement, protecting the City's interest and giving up the responsibility of maintaining the street to the Board of Directors of the homeowners association. Further, he stated that the City will make sure that the CCSR's will empower the Board of Directors to enter into the Agreement in compliance with the draft resolution, which was prepared in advance for tonight's Council meeting. George Salasky, 111 Bonita, Tustin, addressed the Council, stating that he is a homeowner in the community, and • supports the vacation of Ticonderoga. Volume 38 - Page 141 Vacation/ Ticonderoga • Motion All Ayes • • CITY OF NEWPORT BEACH x MINUTES May 14, 1984 Roger Hageman addressed the Council again, stating that inasmuch as the City now feels :it is appropriate to pass a resolution, he is requesting an additional condition, "that approval for Newport Crest be done in accordance with its CC &R's, and Newport Crest assumes all responsibility for Ticonderoga." He added that none of the conditions really suggest they assume this as common area property. Carl Cheadle, 29 Encore Court, President of Newport Crest Community Association, addressed the Council, stating that he did not agree with most of the comments made by Mr. Hageman. He stated that the association feels they have met all of the conditions, and after having five elections (two in Newport Crest and three in Sea Wind), there was a majority vote. He .added that Ticonderoga is going to be hooked up eventually to 15th Street, and it is a question of whether it will be a raceway in the heart of their community, or whether they will have control over it. Motion was made to adopt Resolution No. 84 -38 ordering the vacation of Ticonderoga Street for the conversion to a private street reserving easements for public utilities and public service; authorize the Mayor to execute an Agreement with the Newport Crest Homeowners Association providing for the fulfillment of the conditions attached to the vacation with the form and content of the Agreement to be approved by the City Attorney and the Public Works Director; direct the City Clerk to have said resolution recorded by the Orange County Recorder; and modify the following conditions listed in the staff report to read as follows: Condition No. 6 - "That the Community Association agree to allow Ticonderoga Street to be extended westerly to connect to 15th Street." Coniditon No. 7 - "That the Community Association obtain the approval of the City for the design and installation of a guard gate or gates on Ticonderoga Street. The design approval is to be obtained from the Public Works Department." Volume 38 - Page 142 84 -38 COUNCIL MEMBERS • • • .CITY OF NEWPORT BEACH MINUTES May 14, 1984 5. Mayor Hart: opened the public hearing and City Council review of an APPEAL BY PULASKI AND ARITA, Newport Beach, from the denial of the Planning Commission on March 22, 1984, of: RESUBDIVISION NO. 773 - A request to resubdivide an existing parcel of land, located at: 1319 East Balboa Boulevard, into a single parcel for residential condominium purposes and the acceptance of an Environmental Document; M1 USE PERMIT NO. 3091 - 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 on the front one -half of the lot in the 24/28 Foot Height Limitation District. 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; ME RESIDENTIAL COASTAL DEVELOPMENT PERMIT NO. 8 - A request to consider a Residential Coastal Development Permit for the purpose of establishing project compliance for a four unit residential condominium development pursuant to the Administrative Guidelines for the implementation of State Law relative to low- and moderate - income housing within the Coastal Zone. Report from the Planning Department, was presented. Appeal application of Rolly Pulaski, was presented. The City Clerk announced that after the agenda was printed, letters from Archie and Phyllis Locke and Leona and Erle Egge supporting denial, were received. Holly Pulaski, 5120 Birch Street, Architect for the Varmington project, addressed the Council stating that as the project was denied at the Planning Commission level, he conferred with his client, and they felt that the only just action was to appeal to the City Council, and emphasize some of the facts Volume 38 - Page 143 91/ 773/ Perm /84) • 0 • COUNCIL MEMBERS CITY OF NEWPORT BEACH MINUTES May 14, 1984 that were brought out in the staff report in an attempt for a better understanding of the quality and nature of the project, in relationship to what can be allowed on the property. Mr. Pulaski was granted two additional minutes for his summary. Be stated that the allowed density on this project: is 7+ units (they are providing 4); parking required is 6 (they are providing 8 in garages); they meet all of the setback requirements, or exceed them except for one, which is one of the exceptions commented on by City staff tonight; open space that is provided in this design is 10 x more than is required; and it is a very low density and'low massive project. Mr. Pulaski added that the project does, in fact, exceed the height limitation for one -half: of the lot; the portion of the lot that: is on the street allows a 28/32 ft. height limitation; the ocean side is .428. Their design provides for an average of 28 ft. height throughout the project and, in their opinion, enhances the architectual character. The exceptions that are cited to justify that last point are included in the Planning Commission staff report. Mr. Pulaski was granted an additional minute. In summation, Mr. Pulaski said that at the Planning Commission hearing, he stated the two exceptions his client has asked for can be met; they could redesign the project to meet the requirements; of the City and the Planning Commission, given more time, but the public hearing was closed, and the project was denied. John Jensen,, 1303 E. Balboa Blvd., addressed the Council, stating that in addition to the noise pollution and congestion, the quality of life of the residents, who live at the narrowest part of the Peninsula, the neck, is threatened if the City establishes a precedent by granting such encroachments. Volume 38 - Page 144 U/P 3091/ esub 773/ adntl Perm J • • CITY OF NEWPORT BEACH MINUTES May 14, 1984 Lillian Kamph, 1320 E. Ocean Front, U/P 3091/ addressed the Council, stating that Resub 773/ years ago they fought a similar Rsdntl Perm situation, and when Mr. Pulaski states $8 his client is entitled to 7 units, and they are only asking for 4, he omits saying it was 7.65 that was refused, but the residents got it down to 4. She further stated that approximately 15 years ago the residents fought to bring the height limitation down from 28 and 30 feet to 24 feet, and to have these restrictions reversed now is unfeasible. She stated, another very important point is that at the Planning Commission hearing there was testimony given to the effect that this is an R -1 area, and it is a very congested area. Why aren't they happy with building an R -1 in the front, and an R -2 in the back? She added than they have been turned down by the Coastal Commission on a 4- condominium unit, and they have been turned down time and time again. Following discussion, Planning Director James Hewicker, commented that if there is to be a redesign of the project, staff will require some time in order to evaluate the project and prepare a staff report for Council, or Planning Commission consideration. The history on this site goes back to 1972 and 1973 at the time when the City spent a considerable amount of time trying to get a project designed for this site, which not only met the concerns of the Planning Commission and the City Council, but also to meet the concerns of the Coastal Commission. Further, that the final stumbling block in the process was when the project was approved by the Coastal Commission, the Commission gave its final negative vote, because they wanted a change to condominium conversion. Mr. Hewicker added that at that time, there was a 3 -unit project proposed for the site, and there was to be 2 -units on the street, and a single unit on the beachfront to try and design a project that more or less fit the character of the existing neighborhood. After it was determined that no one else wished to address the Council, the public hearing was closed. Discussion ensued, regarding the status of the Resubdivision, wherein Planning Director James Hewicker stated that Resubdivision 773 was approved and Volume 38 - Page 145 • Motion All Ayes 0 • CITY OF NEWPORT BEACH x MINUTES May 14, 1984 recorded in 1972 -1973, with a condition that any development on the property would be re:viewed_by the Planning Commission and City Council, with EIR documentation. At this point, Mr. Pulaski consented to a rehearing; by the Planning Commission. Motion was made to refer the subject project back to the Planning Commission. 6. Mayor Hart opened the public hearing and City Council review of: 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 "Administrative, Professional, and Financial Commercial" uses, and the acceptance of an Environmental Document; =0 PLANNING COMMISSION AMENDMENT NO. 601 (ORDINANCE NO. 84 -15) - A request to amend 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; TRAFFIC STUDY - A request to consider a Traffic Study in conjunction with the construction of a 55,400 sq. ft. medical office building; r: CERTIFICATION OF CORRECTION FOR TRACT NO. 11018 - A request to consider a Certificate! of Correction for the previously-.recorded map of Tract No. 11018 so as to remove all references on said map as to being for residential condominium: purposes and the removal of a secondary private drive on Superior Avenue; Ug 83 -1(c) 601 11018 USE PERMIT NO. 3081 - A request to U/P 3081 permit the construction of a three -story (88) medical office building and related five -level parking structure that exceeds the 32 ft, basic height limit in Volume! 38 - Page 146 Stdy MEMBIERS • • CITY OF NEWPORT BEACH MINUTES May 14, 1984 the proposed 32/50 Foot Height Limitation Distract. The proposal also includes a request to allow a portion of the proposed on -site parking spaces to be located on the roof of the proposed parking structure. A modification to the Zoning Code is also requested so as to allow the use of compact parking spaces for a portion of the required off - street parking spaces. Report from the Planning Department, was presented. Letter from Crystal Sims, Attorney, Legal Aid Society of Orange County, was submitted for the record, opposing approval of correction to Tentative Tract Map No. 11018. David Neish, representing the applicant, Heltzer Enterprises, addressed the Council, stating that after appearing before the Planning Commission on three different occasions, subsequent hearings necessitated redesign of the original proposal of the 60,000 sq.ft. facility to a proposal ultimately approved by the Planning Commission of 43,470 sq.ft. At this point in time, they concur with all of the findings and conditions of approval being recommended by the Planning Commission to the City Council, and respectfully request that the City Council give favorable consideration to the project. Ronald Dick, 843 W. 15th Street, addressed the Council, and stated that he has only one concern, and that is with the parking structure. He added that he is representing himself and the Paulls, who are the property owners directly north of the parking structure. His concern is the type of landscaping that will screen the massive parking structure. He commented that as the property is zoned R -3, it is his intention to develop it at some time in the future, and he would like to have some assurance that there will be a screening of this parking structure that has on -roof parking. After it was determined that no one else wished to address the Council, the public hearing was closed. Volume 38 - Page 147 83 -1(c) Motion • Ayes x Noes 0 CITY OF NEWPORT BEACH MEMBERS MINUTES X Ix Ix Ix Ix May 14, 1984 a Volume 38 - Page 148 Motion was made to approve the project GPA 83�1(c) as recommended by the Planning Commission,; and adopt Resolution No. Res 84 -39 84 -39 approving amendments to the Land Use and Residential Growth Elements of the Newport_ Beach General Plan and accept the Environmental Document; adopt ORDINANCE 110. 84 -15, being, AN ORDINANCE Ord 84 -15 OF THE CITi 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 AMENDMENT NO. 601); PCA 601 sustain the action of the Planning Commission on the Traffic Study for the Superior Avenue Medical Office; sustain the action of the Planning Commission on the Certificate of Correction for Tract No. 11018; sustain the action of the Planning Commission on Use Permit No. 3081; and add landscape screening to Conditions No. 7 and 25. Council Member Strauss stated that he was not going to support the motion. He has no objection to the project, but he feels it aggravates an already existing problem in Newport Beach, which is the under supply of housing compared to the over supply of jobs and employment. He further stated he feels that, as zoning. is moved away from residential into administrative, professional and financial, this is an inappropriate direction for the City to follow, and made reference to the Housing Element regarding achieving an appropriate balance between housing and employment. x The motion on the floor was voted on and x carried. 7. Mayor Hart,opened the public hearing and Roll CtrNpt City Council review of: TfkPhsgPlu Amnd#4 ROLL CENTER NEWPORT TRAFFIC PHASING PLAN AMENDMENT NO. 4 - A request to approve an amendment to the Roll Center Newport Traffic Phasing Plan so as to transfer space from "Office Site A° to "Office Site B;" AND PLANNING COMMISSION AMENDMENT NO. 606 - PCA 606 A request to amend the Roll Center (94) 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." a Volume 38 - Page 148 Notion All Ayes • G • CITY OF NEWPORT BEACH MINUTES May 14, 1984 Report from the Planning Department, was presented. J. Patrick Allen, Langdon and Wilson Architects, 4320 Von Kerman Avenue, representing the applicant, Koll Center Newport, addressed the Council and responded to questions regarding a minor expansion of the Roll Company headquarters building and the development of a two -story office building to replace the existing Collins Radio Building. He added that the replacement: building is slightly larger than the existing building and will utilize a portion of the transferred office footage. He indicated that there are no plans to develop the remaining restaurant or retail commercial footage at the present time. After it was determined that no one else wished to address the Council, the public hearing was closed. Motion was made to approve the amendment to the Roll Center Newport Traffic Phasing Plan; and adopt Resolution No. 84 -40 amending the Koll Center Newport Planned Community Development Standards as recommended by the Planning Commission. E. PUBLIC COMMENTS: 1. Matt Stone, 6828 Woodcrest P1., Alta Loma, addressed the Council, stating that as a representative of the Pantera Owners Club of America, and also on behalf of the Newporter Invitational Concord de Elegance Committee, was appealing to the Council to reconsider denial of the special events permit for May 20. City.Manager Robert Wynn stated that he was prepared to relate the reasons for the denial, but suggested that appropriate action at this time would be to put this item on as additional business, since public comments historically are reserved for nonagenda items. Mr. Stone indicated that he had no objections. Volume 38 - Page 149 CtrNpt 84 -40 CITY OF NEWPORT BEACH COUNCIL MEMBERS . MINUTES ix May 14, 1984 F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -41 declaring that Fire Dept/ weeds and other public nuisances Weed Abtm exist upon streets, alleys, Res 84 -41 sidewalks, parkways and private . (41) property within the City; declaring that said weeds and public nuisances must be abated; setting the time and place for a public hearing at which the City Council will consider protests from persons objecting to the proposed destruction or removal of such public: nuisances by the City; and directing the Fire Chief to give notice of the passage of this resolution and of the public hearing. (w /report from the Fire Department), (b) Resolution No. 84 -42 supporting the PB &R /Carrie implementation of a "Carrier Alert Alert Program" to help handicapped and Res 84 -42 elderly individuals living alone. (62) (Report from Parks, Beaches and Recreation) (c) Resolution 'No. 84 -43 requesting PW /Costa, that the California Transportation. Mesa Frwy Commission revise the adopted route Rt 55 for the Route 55 (Costa Ness) Res 84 -43 Freeway. (Report from Public (74) Works) Note: After the agenda was printed, ;—letter was presented for the record from Tommorrow, Inc, in suppoxrt of speeding up funding of the agreed route. 3. CONTRACTS /ILCREENENTS: None. 4. COMMUNICATIONS - For referral as indicated: (a) To Public 'Works for response, PW /Little letter from Robert Wheeler Is Bridge regardfing.'Little Island Bridge. (74) Volume 38 - Page 150 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES May 14, 1984 (b) To Executive Assistant to the City Manager for response, Alan I. White's letter of complaint and response from Group W Cable. (c) To Public Works for response, Anthony R. and Renee E. Russell's letter of support to reopen Backbay Road. /Grp W Bay (d) To Police Department for inclusion PD in the records, letter from Mr, and (70) Mrs. Robert Ruhman with suggestions regarding alleged proposed legislation to prohibit public exhibitions on city streets. (e) To Mayor for support, request from City of Huntington Beach City Council urging favorable consideration for Councilman Don McAllister as the League's Coastal City appointment to the Orange County Harbors, Beaches and Parks Commission. (f) To Mayor for support, request from the City of Tustin urging favorable consideration to reelect Councilman Saltarelli to LAFCO. (g) To Pending Legislation and Procedural Ethics Committee, City of Brea Resolution No. 84 -52 in support of California Park and Recreational Facilities Act of 1984, Proposition 18. (h) To Aviation Committee for inclusion in the. records, letters from Robert J. Milliken objecting to the noise emanating from John Wayne Airport, and John D. Vanderaloot regarding airport expansion. (i) To the Pending Legislation and Procedural Ethics Committee, letter from Ralph D. Morrell, Chairman, Operation Slush Fund, regarding support to adopt a resolution similar to that of the County of San Joaquin No. R -84 =101, "Supporting operation 'Slush Fund' .and.restrictions on expenditures of the Senate and Assembly of the State of California." Volume 38 - Page 151 CA ties 1) (61) )/C -John ilayne Arprt (54) 1 COUNCIL MEMBERS r � 9 C CITY OF NEWPORT BEACH MINUTES May 14, 1984 (j) To Traffic Engineering for Traffic inclusion in the records, Balboa (85) Peninsula Point Association's suggestions regarding public transportation to the edge (Wedge) of the Balboa Peninsula. (k) To Police Chief Gross for inclusion PD in the records, appreciation and (70) thanks from Balboa residents for the outstanding results of the Easter vacation police actions. (1) To Traffic Engineer for response. Parking letter of protest from Althea Line Rstrctn with supporting signatures from Penalty Balboa residents protesting (63) increase in parking penalty issued to violators during parking restrictions. (m) Removed from the Consent Calendar. 5. comma ICAPIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter by-Orange County /John Wayne Airport Manager Murry L. Cable regarding notice to Proceed with Agreement for Consultant Services for the design of.the Ontario Airport.Public Awareness.Program. (b) 'Orange County Division League of California Cities Tentative Agenda for May 10, 1984.. (c) .Orange County Local Formation Commission Minutes of April 4,. 1984. (d) Southern California Edison Company Advice No. 657 -E. regarding filing of changes in tariff schedules. (e) California Public Utilities Commission filing No..84 -0-002 regarding "Order Instituting Investigation (Rulemaking)." 6.- CLAIMS FOR DAMAGES -,For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: .(a) Winifred Dunn alleging personal Dunn injuries as a result of fall on raised pavement at 2700 Pacific View Drive on April 23, 1984. Volume 38 - Page 152 IN • J • CITY OF NEWPORT BEACH NCIL MEMBERS MINUTES Nay 14, 1984 (b) James Essick alleging rear bumper of his vehicle was damaged by City truck in Newport Center Library Parking Lot on March 3, 1984. (c) Ruth B. Fyke for property damage to her vehicle when she hit an open trench, which allegedly was not posted to give warning where street repair work was in progress at Seaview Avenue in Corona del Mar, on March 30, 1984. (d) John Charles Gleason for reimbursement of towing, storage and taxi fare, claiming his car was towed away, alleging that there were no signs posted on the north side of Via Lido Street at 12:00 a.m. on April 28, 1984. (e) Joan Gray alleging personal injuries as a result of fall on sidewalk in the vicinity of 191 Riverside Avenue on January 17, 1984. (f) Tommy Thomas, Jr., alleging Thomas, Jr. personal injuries and property damage to vehicle as a result of his vehicle driving over hose on River Street on February 7, 1984. (g) Phillip J. Walker alleging personal Walker injuries as a result of fall in large depression of center divider on Balboa Boulevard on February 14, 1984. (h) David N. Wilson alleging personal Wilson .injuries as a result of fall on sidewalk on Jasmine Avenue near 4th Avenue on January 12, 1984. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's ,referral to the claims adjuster: (a) Andy Dias, Orange County Superior Diaz Court Case No. 427882 for Civil Rights violation. Claim was denied by the City Council on October 24, 1983. (b) Sue Mattia for damages, Orange Mattia County Superior Court, Case No. 402316. Claim was denied by the City Council on November.22, 1982. Volume 38 - Page 153 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES May 14, 1984 ® INDEX 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City-Manager) (a) One Assistant Planner, Current Planning Division. (b) One Counterman I, Building Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and PB &R /EBluff Recreation Director regarding Lincoln Schl POSSIBLE LEASE OF EASTBLUFF, (62/78) LINCOLN SCHOOL. (b) Removed from the Consent Calendar. (c) Report from Citizens Traffic Traffic Advisory Committee regarding (85) TRAFFIC CONTROL ON COAST HIGHWAY EAST OF THE ARCHES INTERCHANGE. (d) Report from the Planning Department Planning regarding SECOND FAMILY RESIDENTIAL (68) UNITS ON SINGLE - FAMILY LOTS. (e) Report from the Planning Department Planning/ with regard to the LEASE OF SURPLUS Surplus SCHOOL SITES. Schl Sights (68/78) (f) Report from the City Manager regarding APPROVAL IN CONCEPT AND Telephone AUTHORIZATION TO DRAFT CONTRACTS FOR Sys NEW TELEPHONE SYSTEM. (35) (g) Report from the City Attorney NptDunes regarding PROPOSED AMENDMENT TO THE Stlmt Agm NEWPORT DUNES SETTLEMENT AGREEMENT C -2398 (C- 2394). (38) (h) Report from the City Attorney City Aty regarding PROPOSED AMENDMENTS TO (31) THE BLUFFS CC&R'S. 10. PUBLIC HEARING SCHEDULING: May 29, 1984 - (a) Pursuant to Newport Beach Municipal PD /Ofcl Towg Code Section 5.13.140 public (70) hearing to consider adoption of a resolution approving rate increases for the Official Police Towing Services. Volume 38 - Page 154 i 1/ 11 u CITY OF NEWPORT BEACH MINUTES May 14, 1984 June 11, 1.984 - (b) ALLEY PAVING IN BLOCK 11, FIRST Npt Hghts/ ADDITION TO NEWPORT HEIGHTS (in Alley Pavg City block bounded by Cliff Drive, (74) Santa Ana Avenue and La Jolla Drive:). (Report from Public Works) June 25, 1984 - (c) ALLEY PAVING IN BLOCK 431, Lancaster LANCASTER'S ADDITION (in City block Adtn /Alley bounded by Newport Boulevard, 32nd Pavg Street, Villa Way and 31st Street). (74) (Report from Public Works) 11. RESUBDIVISION 734 - Approve a Resub 734 Subdivision Agreement (a portion of (84) Block 97 of Irvine's Subdivision, located on the easterly side of Rldgeline Drive approximately 200 feet south of Napoli, adjacent to Harbor Ridge) guaranteeing completion of the public improvements required with Resubdivision 734; authorize the Mayor and City Clerk to execute said agreement; and accept the offer of dedication of an easement for public emergency and security, ingress, egress and public utility proposed over the private street. (Report from Public Works) 12. ACCEPTANCE OF CLUBHOUSE AVENUE STORK Clbhouse DRAIN IMPROVEMENT AND CHANNEL PLACE Strm Drn/ TIDAL STRUCTURE AND STORM DRAIN Chnl PI EXTENSION (C -2352) - Accept the work; C -2352 assess liquidated damages in the amount (38) of $4,800; and authorize the City Clerk to process a Notice of Completion and release the bonds 35 days after recording, provided no claims filed. (Report from Public Works) 13. STAIRWAYS AT THEATRE ARTS CENTER, BEGONIA PARR AND BIG CANYON RESERVOIR (C -2413) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m, on June 13, 1984. (Report from Public Works) Theatre Arts Center Stairways C -2413 (38) 14. JAMBOREE ROAD WIDENING AND SOUND WALL Jamboree WESTERLY SIDE FORD ROAD TO EASTBLUFF Rd Wdng /Snd DRIVE NORTH (C -2357) - Approve the plans Wall and specifications; authorize the Mayor C -2357 and City Clerk to execute an Arterial (38) Highway Financing Program project administration agreement and execute a Right -Of -Way Certificate for the Volume 38 - Page 155 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES f to May 14, 1984 C. Motion All Ayes Motion All Ayes 46- x x Jamboree Road Widening project; and authorize the City Clerk to advertise for bids to be opened at 2:30 p.m. on June 14, 1.984. (Report from Public Works) 15. Removed from the Consent Calendar. 16. CAMPUS DRIVE RESURFACING FROM BRISTOL STREET NORTH TO MAC ARTHUR BOULEVARD (C -2426) -• Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on May 31, 1984. (Report from Public Works) 17. "C TEAM" REQUEST TO USE 16TH STREET BEACH - Uphold staff's recommendation for approval subject to conditions listed in the report regarding request of "C Team" Catamaran group to use a small portion of the Bay Beach at 16th Street to store and launch Catamarans. (Report from Parks, Beaches and Recreation Director) 18. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE Accept with regret, resignation of Barbara Cope, effective May 3, 1984. 19. Removed from the Consent Calendar. 20. Removed from the Consent Calendar. 21. BUDGET AMENDMENTS - For approval: BA -070., $113,500 - Increase in Budget Appropriations for Balboa Peninsula Point Street Sweeping Program; General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Motion was made to refer copy of "Letters to the Editor" column submitted by Henry Burke, and comments from John Gantz regarding the condition of the Back Bay and dredging, to Public Works for response regarding the City's progress.. 2. Report from Parks, Beaches and Recreation.Director regarding OLYMPIC POOL AGREEMENT /NEWPORT -MESA UNIFIED SCHOOL DISTRICT, was presented. Motion was made to refer the subject report back to staff for further study. Volume 38 - Page 156 Dr 9 (38) storage (62) EQCAC (24) (25) PW /Back Bay (74) PB&R /Npt- Mesa Schl (62/78) ,v • • Motion All Ayes • . CITY OF NEWPORT BEACH x MINUTES May 14, 1984 3. Report from Marine Department regarding approval of APPLICATION OF CALIFIA CANOE CLUB, subject to conditions listed in the staff report, for a request to store an outrigger canoe on the public beach at 10th and West Bay between the dates of March 15 and October 20, 1984, was presented. After the agenda was printed, a letter was received from Mrs. Al Schwab, in opposition to the request. Michael Abraham, 908 W. Bay, addressed the Council, stating that a prior unpleasant experience with another canoe club has prompted him to appear before the Council to oppose the request. He stated that the beach is primarily in a highly residential area, and granting the request would not be in the beat interests of the local residents. Michael Clary, 909 W. Bay, addressed the Council, and indicated that he concurred in the remarks of Mr. Abrahm, regarding the previous experience with another canoe club. He stated that they usually arrived at 6:30 a.m. with radios blaring, request to use the resident's bathrooms, litter the curbs with beer cans, and use their hoses to wash themselves off and, in general, were a nuisance and disturbing to the community. Motion was made to refer the subject item back to staff for action on May 29; and in the interim, granted use of the beach at 18th and Bay. Linn Avattar, 354 Bucknell Road, Costa Mesa, owner of the Califia Canoe Club, addressed the Council, stating that she is well aware of the concerns and .unpleasant conditions that the local residents have experienced on prior occasions. She stated that she is not opposed to utilising another beach, but that they chose the public beach at 10th and Bay because there are four other canoe clubs in the harbor. Further, that the club is pressed for time so that they can train for the upcoming competition. The motion on the floor was voted on.and carried. Volume 38 - Page 157 Marine Dpt/ Califia Canoe Clb (51) COUNCIL MEMBERS :7 Motion All Ayes Motion . All Ayes r. x CITY OF NEWPORT BEACH x MINUTES May 14, 1984 INDE; 4. Report from Public Works regarding Permit/ APPEAL FROM DENIAL BY THE STAFF OF AN Curb Out APPLICATION TO CONSTRUCT A NEW CURB CUT (65) AT 436 FERNLEAF AVENUE, was presented. Burt Tarayao, 3111 Second Ave., Corona del Mar, addressed the Council and requested consideration to postpone action tonight so that he can meet with staff, and. if possible, work out a compromise. Motion was made to postpone action on the subject item until May 29. 5. Report from Public Works regarding APPLICATION TO CONSTRUCT ADDITIONAL FENCE IN 44TH STREET ADJACENT TO 4401 SEASHORE DRIVE, was presented. Nancy Abrams, 4401 Seashore Drive, addressed the Council, stating that the reason for the low fence that would be constructed between the two planter boxes is to contain some of the sand that is blown directly onto the sidewalks that they maintain at the street end., She further stated that if the requested fence were constructed on her own property, that this was not sufficient to keep the sand off the sidewalks. Discussion ensued, wherein, City Manager Robert Wynn stated that it was difficult from looking at the applicant's drawings what is being proposed. He added that encroachments along the ocean front property giving the appearance of private property, is subject to the judgement that this would be private use of public property. Gil Abrams;, 4401 Seashore Dr., addressed the Council, stating that he had a letter in support of the proposed fence from a neighbor, but that it had not been formally submitted to the Council previously.. He assured the Council that their concern here is sincere, and wanted to point out that the location of this fence would not in any way inhibit access to the beach. Motion was made to uphold staff's recommendation and deny the subject application. Volume! 38 - Page 158 Permit/ Encroachment (65) COUNCIL MEMBERS • Motion Notion All Ayes 0 Motion All Ayes x x x CITY OF NEWPORT BEACH MINUTES May 14, 1984 H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 84 -11, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 1.25 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING CAMPAIGN CONTRIBUTIONS, was reintroduced and presented for second reading and adoption, with report from the City Attorney. The City Clerk advised that after the agenda was printed, a letter was received from the League of Women Voters of Orange Coast. Discussion ensued, and motion was made to adopt Ordinance No. 84 -14 subject to the deletion of the last two sentences, found on page 7 of the ordinance. At this time:, a substitute motion was being contemplated by the Council, and Mayor Pro Tem Maurer announced that in view of this, he would withdraw his motion. Motion was made to reintroduce Ordinance No. 84 -11, amended as recommended by the Ad Hoc Election Procedure Review Committee on March 26, 1984, and pass to second reading and adoption on May 29, 1984. 2. ORDINANCE NO. 84 -14, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 14.12.040 AND 14.12.090 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING PROCEDURES FOR ESTABLISHING WATER RATES AND CHARGES, was presented for second reading and adoption, with report from Utilities Director, dated April 23, 1984. Motion was made to adopt Ordinance No. 84 -14. I. CONTINUED BUSINESS: 1. Report from Public Works Department regarding WEST NEWPORT RESIDENTIAL PERMIT PARKING PROGRAM, dated April 23, 1984, was presented. Volume :38 - Page 159 Ord 84 -11 Campaign Contrb (39) Ord 84 -14 Water Rates 6 Charges (43/40) Parking Perm Prg/ WNpt (63) COUNCIL MEMBERS CITY OF NEWPORT BEACH May 14, 1984 MINUTES Parking Perm Prg/ Letters from Dr. Robert B. Nevin, Alex and Jodi Page and A. Richard Rimbrough expressing concern over the proposed • public parking lot on Seashore Drive, were presented. City Manager Robert Wynn stated that the proposal before the Council is an effort to provide offstreet parking facilities on the former P.E. right- of-way purchased by the City four or five years ago, and to restrict parking on the street around the residences west of Orange Avenue to make parking spaces available for the residents and the tenants. Wally Semeniuk, 6807 W. Seashore Dr., addressed the Council, stating that he has lived in West Newport for 22 years, and submitted a letter expressing opposition to the proposed parking lot and the residential parking permit program. lie added that the proposed program for West Newport has limited access for an area which serves a much more intense cultural use. He also stated that as an owner of property in this area, why is it necessary to pay to park in front of his house. Mr. Semeniuk further commented on the remarks contained in the City's Advance • Planning staff report, to the effect that the City should be very cautious in the application of any residential permit only parking programs, since it affects not. only nonresident beach users, who do not live in the a particular area, but other City residents, who have traditionally been able to have unrestricted beach access and parking; throughout the community. He also commented the Police Department staff report states that numerous drivers have exhibited a willingness to park illegally merely to facilitate access to the beach, and the on- street parking restriction would largely be ignored by a sufficient number of drivers to create a substantial enforcement problem. Discussion ensued, wherein Mr. Semeniuk was asked to read the above- mentioned letter for the record, which states that with regard to a possible solution, have cars approach a parking lot from Prospect to Seashore Drive, and turn • right or west to this lot. Further, Volume 38 - Page 160 Parking Perm Prg/ COUNCIL MEMBERS • C7 • CITY OF NEWPORT BEACH MINUTES May 14, 1984 that upon leaving the parking lot, the care would turn right on Seashore Drive, traveling west to Orange Street, and would not disrupt the normal flow of one -way traffic on Seashore Drive to Orange Street, and then by turning right on Orange Street, Pacific Coast Highway would be readily accessible. Jodi Page, 6903 W. Seashore Dr., addressed the Council, stating that she is appreciative of the work the Council is doing in trying to solve the residential parking problem in this area, but that the present proposal will make the problem much worse, and is opposed to it, as well as are her neighbors. However, she would like to see the area developed as it is an eyesore. She submitted a letter for the record from Otto L. Aumack, Jr., who was unable to attend the Council meeting tonight, and was objecting to the project as currently proposed. Jan Debay, 5107 Seashore Dr., representing the West Newport Beach Association, addressed the Council, stating that their association is a voluntary membership and an invitation to open meetings is issued. Also, that a newsletter is distributed to every home from Newport Pier to the river jetty, and that 1s a big area to cover. She apologized to those people who feel that they were not notified of some of the meetings, but wanted the home owners to know that the association has represented their interests, and will continue to do so. Council Member Plummer stated that the basis for the whole project is that the staff has identified 150 legal parking spaces in that area, and will remove 50 parking spaces along the ocean side part of Seashore.. By putting in a 50 -space parking lot;, the City will be providing parking for people to come down and go to the beach, and at the same time leaving the streets for the residents to park and eliminate congestion. Volume 38 - Page 161 Perm Ptg/ MEMBERS Motion All Ayes CITY OF NEWPORT BEACH x Noes I x I .1 '1 x I x I x I Ayes x x Motion Dyes x MINUTES May 14, 1984 Paul Heussenstamm, 7306 W. Ocean Front, Park: addressed the Council, stating that he Perm is supportive in working with the City WNpt and for improving the area, but he believes that the proposed parking lot will not solve the problem, and is against it:. Todd Schooler, 7400 W. Ocean Front, addressed the Council, stating that he attended Every meeting that was available, and is well aware of the time and effort that has gone into this project. He feels that the intent of the proposed ordinance is a good idea, but only if it can be enforced properly.. He commented that most of the home owners who attended the meetings regarding this project, were supportive of limiting the parking spaces to 50, and any additional money left over should be used for landscaping, and if possible, a restroom facility. Alex Page, 6903 W. Seashore Dr., addressed the Council, suggesting that the City consider using the parking lot located on the State Highway right -of -way, north of Coast Highway, just below Hoag Hospital, which has 1,750 parking spaces. Although the lot is approximately 400 feet from the beach, buses could be used to transport the people to the beach. Motion was made to bring this item back to the Council on June 11, 1984. It was suggested that interested home owners leave their names, phone numbers and addresses with either Mayor Hart, or Council Member Plummer so that they can be notified of further meetings regarding the program. 2. Suggested City Council Policy for Cncl Plcy/ voluntary CODE OF ETHICS, was presented. Code Ethics (69/39) Discussion ensued, wherein Motion was made to postpone action on the proposed policy until May 29, 1984, and bring the subject items back to Council with a report from the City Attorney. 3. Resolution No. 84 -36 adopted April 23, Ad Hoc/ 1984, establishing the AD HOC MARINERS Mariners MILE SPECIFIC AREA PLAN REVIEW Mi Comte COMMITTEE, was presented. (24)' Motion was made to defer additional appointments to the subject Ad Hoc Committee to June 11, 1984. Volume 38 - Page 162 COUNCIL MEMBERS Motion All Ayes 0 x CITY OF NEWPORT BEACH MINUTES May 14, 1984 J. CURRENT BUSINESS: 1. Report from Parks, Beaches and Recreation Director regarding JOINT POWERS AGREEMENT /NEWPORT -MESA UNIFIED SCHOOL DISTRICT, was presented. Motion was made to accept the proposed changes as corrected to the Joint Powers Agreement as transmitted by the School District; and pursue a revision to the fee schedule as adopted by the Board of Trustees for the use of school facilities. K. ADDITIONAL BUSINESS: 1. SPECIAL EVENTS APPLICATION OF PANTERA OWNERS CLUB OF AMERICA, was presented by City Manager Robert Wynn, with an up -to -date discussion regarding the background of the request, and stating that the application was denied because there was a conflict with the Olympic Torch -10K Run. Matt Stone:, 682 Woodcrest P1., Alta Loma, Vice President of the Pantera Owners Club of America, addressed the Council, and introduced Bill Young, Chairman. Mr. Stone commented that the Pantera Club organizes the event as a volunteer - charity to benefit Children's Hospital, Junior Blind, Newport JC's, etc., and would like to continue to benefit charitable organizations for sick children. He further stated, that Pantera has disavowed its interest with Events, Inc., as of the end of last year's show, and have no further dealing with them. Bill Young addressed the Council, stating that he had some last minute problems regarding the insurance coverage and offsite parking. Lou Heeres, Newport Beach Police Department, addressed the Council regarding the safety of the pedestrians crossing Jamboree, which is a 55 -mile speed limit highway and the conflict with the Olympic Torch -IOK Run, and-a food fair being held in the subject area. Mr. Stone commented that they have done extensive advertising, as it is a 10 month job with an 18 member committee, and have already spent a considerable amount of money. Volume 38 - Page 163 Npt -Mesa Schl /Jt Pwrs (62/78) Permit/ Pantera (65) I40 Motion x Ayes Noes Motion All Ayes • i CITY OF NEWPORT BEACH x x 'I 'I I l I x xlx MINUTES May 14, 1984 Discussion ensued, wherein the Permit/ applicants; were cautioned to do more Pantera advanced planning, and checking with the City regarding future application requests. Motion was made to approve the application. Mayor Hart: stated that she would not support the motion. The motion was voted on and carried. 2. Motion was made to request a report from U/P 3086/ the Tidelands Affairs Committee for Rosso presentation at the May 29 Council meeting regarding save which is proposed to extend beyond the bulkhead line, associated, with developing the Rosso property involving the Bay (Use Permit #3086 of Senator D. G. Anderson). Meeting adjourned at 12:55 a.m. Volume 38 - Page 164