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HomeMy WebLinkAbout12/10/1984 - Regular MeetingCOUNCIL MEMBERS REGULAR COUNCIL MEETING \CAL 9 i PLACE: Council Chambers �� 9G��cFF TIME: 7:30 P.M. �P DATE: December 10, 1984 ROLL 9 MINUTES INDEX P ent x x x x x x x A. ROLL CALL. n x B. The reading of the Minutes of the All Ayes Adjourned Meeting of November 20, and Regular Meeting of November 26, 1984, was waived. The Minutes of the Adjourned Meeting of November 20, were approved as written, and ordered filed; and the Minutes of the Regular Meeting of November 26, were approved as corrected, and ordered filed (page 359, regarding Tract 11937, corrected to read as follows: "Council Member Strauss stated that he will oppose the motion, not because of the merits of this particular action, but because he opposed the development from the beginning"). Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public U/P 3048 hearing from the City Council meeting of (88) September 10, 1984, regarding the • Planning Commission's recommendation.on August 9, 1984, that because of the applicant's failure to comply with certain required Conditions of Approval, the City Council consider the REVOCATION OF USE PERMIT NO. 3048, which permitted the establishment of a temporary hand - washing, waxing, and auto detailing ffacility in portable structures on property located at 2166 East Coast Highway, on the northerly side of East Coast Highway between Newport Center Drive and MacArthur Boulevard, in Newport Village; zoned P -C. Report from-the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the All Ayes recommendation of the Planning Commission, and revoke Use Permit No. 3048. Volume 38 - Page 373 �- COUNCIL MEMBERS c<` December 10, 1984 \CAL\\f\�� ROLL MINU TES INDEX • 2. Mayor Maurer opened the public hearing and City Council review of ORDINANCE NO. 84 -26, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING FORTUNE TELLING BUSINESSES, PLANNING COMMISSION AMENDMENT NO. 611, a Ord 84 -26 Bus Lic/ Zoning (27/94) PCA 611 request to consider amending Title 20 of the Newport Beach Municipal Code so as to permit fortune telling uses in various areas in the City of Newport Beach. (Report from the Planning Department) Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Ordinance No. All Ayes 84 -26. 3. Mayor Maurer opened the public hearing Ord 84 -27 and City Council review of ORDINANCE NO. Zoning 84 -27, being, (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 3 TO DESIGNATE A FRONT YARD SETBACK OF TWENTY FEET ADJACENT TO THE RIVO ALTO CHANNEL BETWEEN 33RD AND 34TH STREETS IN WEST NEWPORT. (Report from the Planning Department) PLANNING COMMISSION AMENDMENT NO. PCA 610 610. Jack Mather, 3306 Marcus Avenue, addressed the Council in support of the ordinance. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Ordinance No. All Ayes 84 -27. 4. Mayor Maurer opened the public hearing U/P 3114 and City Council review of Planning (84) Commission approvals on November 8, 1984 regarding: • Volume 38- Page 374 HMO COUNCIL MEMBERS \CALROLL Gss 9 December 10, 1984 MINUTES INDEX TRAFFIC STUDY - A request of ERNEST Traffic GEORGE, Corona del Mar, to consider a Study • traffic study so as to permit the construction of a two story office - retail building in the C -1 -Z District; USE PERMIT NO. 3114 - A request of U/P 3114 ERNEST GEORGE, Corona del Mar, to permit the construction of a two story office - retail building and related subterranean parking spaces in the Corona del Mar Specific Plan where a Specific Plan has not been adopted. The proposal also includes a modification to the Zoning Code so as to allow the use of substandard aisle widths with wider- than - standard parking spaces and compact spaces. Architectural roof -top features are also proposed in excess of height limits in the 32/50 Foot Height Limitation District, and the acceptance of an Environmental Document; AND RESUBDIVISION NO. 792 - A request of Resub 792 ERNEST GEORGE, Corona del Mar, to establish a single parcel of land and eliminate interior property lines where five lots presently exist so as to permit the construction of a retail commercial /office complex on property, located at 2600 East Coast Highway, on the northeasterly corner of East Coast Highway and Dahlia Avenue in Corona del Mar. Report from Planning Department, was presented. In response to Council Member Heather, as to the status of a specific area plan for the subject area, the Planning Director advised that at the present time there are no funds in the budget for the preparation of a Specific Area Plan. The staff is currently working on the Specific Area Plan for the Cannery Village /McFadden Square area. George Koteles, Architect for the project, addressed the Council in support of their request. He discussed the proposed setbacks, underground parking structure, and landscaping requirements. He stated they would like to build on the lot, if it is economically feasible. He stated it is . their desire to construct the building Volume 38 - Page 375 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES p¢ 9,9 CGai �G9 y�� December 10, 1984 INDEX to look like four separate small U/P 3114 entities with an architectural character • that would interrupt any massive appearance to the structure. He also stated they have eliminated one -half of the parking garage they had intended to build on the parcel. Mr. Koteles discussed the various proposed setbacks as depicted on the plans exhibited. He also stated that a number of off -site improvements have been imposed by the Planning Commission, i.e., relocation of sewer lines, installation of sidewalks, curbs and gutters, and that the cost is somewhat "staggering.11 In conclusion, he requested that the density for the project be increased to 1.25 x buildable. In response to Council inquiry, the Planning Director stated that if the applicant were allowed to build at 1.25 x buildable, it would be 3 x the density as that of the Bank of Newport on Coast Highway. Ernest George, Applicant, 2865 E. Coast Highway, addressed the Council and stated that the lots in Corona del Mar • are relatively small, and therefore, the parking requirements make it difficult, and sometimes economically impossible to build. He stated that their project will have a beneficial effect on the area and also set standards for other developments in the same area. He stated he felt that 1.25 x buildable was feasible if the parking can be provided. He further stated that he felt this was a very important project for Corona del Mar, inasmuch as there will never be enough parking, in his opinion, unless the City allows the developer to have an incentive to build a larger building. Jim Wood, 2443 E. Coast Highway, addressed the Council and stated his property was across the street and to the west of the proposed development. He stated that he was not opposed to the project; however, he did have some concerns relative to the architectural standards, indicating he would prefer more conformity and less "hodgepodge." Mr. George stated that it was his aim to please, and that he would change the • architecture to one style if it was desired by the City Council. Volume 38 - Page 376 t .... COUNCIL MEMBERS F December 10, 1984 \CAL ROLL MINUTES INDEX During course of discussion, and there being no objections, the feasibility of • establishing an ad -hoc committee to review zoning standards in the Corona del Mar Area, was placed on a future study session agenda for consideration. Motion x Following additional comments, motion Ayes x x x x x was made to modify the action of the Noes x x Planning Commission to allow the subject project not to exceed 1.25 x buildable, to maintain parking ratio of one space for each 250 sq. ft. of floor area by adding a 2nd level of subterranean parking, and to maintain setbacks that were reflected on plans submitted to the Planning Commission at its meeting of November 8. Council Members Hart and Strauss indicated they were opposed to the project because of its size. 5. Mayor Maurer opened the public hearing CATV /Cmnty to consider the application of COMMUNITY Cablevision CABLEVISION to extend its franchise area (42) within the City of Newport Beach; and introduction, and pass to second reading on January 14, 1985, Proposed ORDINANCE, being, . AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE EXISTING FRANCHISE ORDINANCE NO. 1196 FOR COMMUNITY CABLEVISION, TO EXTEND ITS FRANCHISE AREA WITHIN THE CITY OF NEWPORT BEACH. Report from Executive Assistant to the City Manager, was presented, It was recommended by the staff that the Council continue this item until March 11, 1985, to enable staff to assess the results of the Group W rebuild and the implications of an overbuild on subscriber service. Don McNutt, President, Community Cablevision Company, addressed the Council and displayed a map depicting their current franchise area, and the areas they are desirous of including in their franchise. He stated their basic objective is to acquire the right to compete with Group W; however, it is not • their intention to duplicate any system Volume 38 - Page 377 Ill` 11 COUNCIL MEMBERS \CAL ROLL December 10, 1984 MINUTES INDEX currently operated by Group W. In CATV /Cmnty conclusion, he stated that he had no Cablevision • objection to continuing the hearing to March 11, 1985. Dick Waterman, representing Group W, addressed the Council and stated that he concurred in the recommendation for continuance to March 11, 1985. Motion x Hearing no others wishing to address the All Ayes Council motion was made to continue the public hearing to March 11, 1985. The staff was directed to report back at the time of the continued public hearing as to the areas not presently being represented by a cable television company. E. PUBLIC COMMENTS: 1. Norton Flanders, 3502 Marcus Avenue, Stringfellow Newport Beach, addressed the Council and HazWstDspsl requested they adopt a resolution Site /Orng requesting the Orange County Sanitation Cnty Sanit'n District to reconsider its action in District approving the discharge of pretreated ground water from the Stringfellow Hazardous Waste Disposal site into the Pacific Ocean at Huntington Beach until after an environmental impact report is prepared. He stated that the Cities of Fountain Valley and Huntington Beach have adopted such a resolution. Mayor Maurer, Chairman of the State Regional Water Quality Control Board, replied that he was aware of the action taken by the County Sanitation District and sympathized with the desire for an EIR. He explained the treatment method from Stringfellow Disposal Site to Orange County and stated that the state was also anxious to get this problem resolved. Council Member Hart, the City's representative on Sanitation District No. 5, stated that the District, as well as the City, is supportive of an EIR. She also pointed out that the pretreated groundwater, after coming to Huntington Beach is put into the sewer system, and is treated again before going into the ocean. She expressed her appreciation to Mr. Flanders for his interest. • Volume 38 - Page 378 III Illl * - , COUNCIL MEMBERS c s A \<�\p ti v ROLL CAL Gtr y �9 December 10, 1984 MINUTES INDEX F. CONSENT CALENDAR: #n x The following actions were taken as A Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass-to second reading on January 14, 1985: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -138 extending the Marinapark term of Marinapark Mobile Home Ad MH /Ad -Hoc Hoc Committee to July 31, 1985. Cmte (24) Res 84 -138 (b) Resolution No. 84 -139 implementing NBFA benefit increases for employees who Rea .84-139 are members of the NEWPORT BEACH C -2060 FIREFIGHTERS ASSOCIATION (NBFFA). (38) (Report from Personnel) (c) Resolution No. 84 -140 implementing NBPTA benefit increases for employees who Res 84 -140 are members of the NEWPORT BEACH C -2051 PROFESSIONAL /TECHNICAL ASSOCIATION (38) ( NBPTA). (Report from Personnel) (d) Resolution No. 84 -141 implementing NBEL benefit increases for employees who Res 84 -141 are members of the NEWPORT BEACH C -2065 • EMPLOYEES LEAGUE (NBEL). (Report (38) from Personnel) (e) Resolution No. 84 -142 implementing NBOLA benefit increases for employees who Res 84 -142 are members of the NEWPORT BEACH C -2058 OCEAN LIFEGUARD ASSOCIATION (38) (NBOLA). (Report from Personnel) (f) Resolution No. 84 -143 implementing NBCEA benefit increases for employees who Rea 84 -143 are members of the NEWPORT BEACH C -2059 CITY EMPLOYEES ASSOCIATION ( NBCEA). (38) (Report from Personnel) (g) Resolution No. 84 -144 implementing NBPEA benefit increases for employees who Res 84 -144 are members of the NEWPORT BEACH C -2056 POLICE EMPLOYEES ASSOCIATION (38) ( NBPEA). (Report from Personnel) (h) Resolution No. 84 -145 approving Universal rate increases for Building Bldg Mntnc/ Maintenance. (Report from Res 84 -145 Executive Assistant to the City C -2049 Manager) (38) Volume 38 - Page 379 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL 9 � c�F � ROLL sp Ffl �� December 10, 1984 MINUTES INDEX (i) Resolution No. 84 -146 authorizing PD /CA State and directing the City Manager of H'wy Patrol - • the City of Newport Beach to NB Training execute Training Agreements between Agm the City of Newport Beach and State Res 84 -146 of California Department Highway (70) Patrol for Fiscal Year 1984 -85. (Report from Police Department) (j) Resolution No. 84 -147 extending Aviation Aviation Committee; and Ad Hoc Ad -Hoc Cmte Airport Committee termination date Res 84 -147 to December 31, 1985. (24) (k) Resolution No. 84 -148 extending Mariners Mi Mariners Mile Specific Area Plan SpcfcAPRvw Review Ad Hoc Committee termination Ad -Hoc Cmte date to December 31, 1985. Res 84 -148 (24) (1) Resolution No. 84 -149 extending Balboa Bay Balboa Bay Club Ad Hoc Committee C1b Ad -Hoc termination date to December 31, Res 84 -149 1985. . (24) (m) Resolution No'. 84 -150 extending CdM Trf Stdy Corona del Mar Traffic Study Ad Hoc Ad -Hoc Cmte Committee termination date to Res 84 -150 December 31, 1985. (24) (n) Resolution No. 84 -151 declaring the Vacation/ City's intention to vacate a Wtrin Esm • portion of a waterline easement Res 84 -151 located southerly of the (90) intersection of San Joaquin Hills Road; accepting a map (Drawing No. R /W- 5491 -L); and setting a public hearing for January 14, 1985, thereon. (Report from Public Works) 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2432 to Rising Pearl Av SD Sun Co. for total bid price of C -2432 $88,683.98, subject to project (38) approval by California Coastal Commission for Pearl Avenue Storm Drain; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works) (b) Authorize the Mayor and City Clerk Unit II -Upr to execute Professional Services Npt Bay Sd/ Agreement to provide orthophoto CntrlRes Pr; mapping for Unit II - Upper Newport Prfsnl Sry Bay Sediment Control and Agm Restoration Project (C- 2441). C- 2483(A) • (Report from Public Works) (38) Volume 38 - Page 380 COUNCIL MEMBERS \rAl s o i S \\ Rill I G tr 9 December 10, 1984 MINUTES INDEX (c) Award Contract No. 2446 to Nobest, City Hall Inc., for the total bid price of Pkg Lots • $85,909.60 for City Hall Parking C -2446 Lots; and authorize the Mayor and (38) City Clerk to execute said contract. (Report from Public Works) (d) Award Contract No. 2473 to Warvi EngrWing/ Construction, Inc., in the amount City Hall of $37,928.00 for Remodeling C -2473 Engineering Wing of City Hall; and (38) authorize the Mayor and City Clerk to execute said contract. (Report from Public Works) (e) Approval of Separation Pay Seprtn Pay Agreements with the City Manager, Agms /CMgr/ City Attorney and City Clerk; and CAtty /CClrk authorize execution of said C -2484 agreements. (38) 4. COMMUNICATIONS - For referral as indicated: (a) To Marine Department for inclusion Marine Dpt in the records, letter from Dick (51) Wandrocke regarding possible lawsuits in the absence of warning signs relating to prolonged exposure to the sun on the public beaches may cause skin cancer. • (b) To Planning Department for Planning inclusion in the records, letter (68) from Lido Park Homeowners Association in response to report of Curci- Turner Company letter to the City Council (5 -yr. lease offered to residents of Lido Park by the Curci - Turner Company). (c) To Water Committee for report back, Water (City letter from Harriett Wieder, (93) thanking the City for $1,000 contribution to the Southern California Water Committee, and reporting on first year budget. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Jean Kiger, President , Corona del Mar Chamber of Commerce to Orange County Supervisor Thomas Riley, in support of the City of Newport Beach's position on John Wayne Airport expansion. • Volume 38 - Page 381 COUNCIL MEMBERS \CALROLL Gtr December 10, 1984 MINUTES INDEX (b) Preliminary agenda of Orange County Local Formation Commission for • December 5, 1984. (c) State of California, Public Utilities Commission, notice regarding grade separation projects under the provisions of Streets and Highways Code Section 2460.7 for FY 1985 -86 Grade Separation Priority List. (d) Second Supplement to Petition for Special Relief by Group W Cable, Inc., before the Federal Communications Commission application CSR -2663. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Susan E. Cook for personal injuries Cook sustained while swimming offshore, in an alleged safe and unrestricted swimming area between 34th and 36th Streets, and was dashed repeatedly into rocky outcroppings as a result of heavy surf, on August 12, 1984. (b) Our Lady of Mount Carmel Church for Our Lady • property damage, alleging City crew Mt. Carmel stopped up sewer lines on September 6, 1984 at alley behind 1441 W. Balboa Boulevard. (c) Sea Island Community Association Sea Is C/A (amended cross - complaint filed on or about June 28, 1984, Gordon Kilmer, Jr., vs. Estate of Scott Husted, auto- bicycle accident on July 2, 1980.) alleging City was negligent in its design, construction and maintenance of intersection at Ford Road and Sea Island Drive. (d) Mrs. Robert Seymour for property Seymour damage alleging City at fault for not turning on new water valve, thereby causing low water pressure at 127 -24th Street on November 15, 1984. Volume 38 - Page 382 COUNCIL MEMBERS \"o CAL ROLL GSr 9 December 10, 1984 MINUTES INDEX 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's • referral to the claims adjuster: (a) Jane A. Belvin for slip and fall Belvin injury, Orange County Superior Court Case No. 429978. Claim was denied by City Council on November 28, 1984. (b) Ruth E. Dicks for personal injuries Dicks and property damage, Orange County Superior Court Case No. 442879. Claim was denied by City Council on June 25, 1984. (c) Pacific Property Care, Inc., Pacific. (Gordon Kilmer, Jr., Plaintiff), Property Orange County Superior Court, Case Care, Inc. No. 37- 89 -47. Claim was denied by City Council on November 13, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) One Permit Technician, Building Department. (b) One Police Officer, Police Department. • (c) One Maintenance Man II, Street Maintenance Division. (d) Two Library Assistants, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Planning Department U/P 1778(A) regarding City Council six month's Hemingways review of USE PERMIT NO. 1778 (84) (AMENDED), RANDALL H. JOHNSON, DBA HEMINGWAYS, to determine if the. restaurant is being operated in compliance with the Conditions of Approval of said use permit, allowing a lunch -time operation with an offsite parking agreement for additional daytime restaurant parking; property located at 2441 East Coast Highway, Corona del Mar; zoned C -1. • Volume 38 - Page 383 o - COUNCIL MEMBERS \CALROLL Gsr � y�9 December 10, 1984 MINUTES INDEX (b) Report from the Planning Department Housing regarding the review and approval Asstnc Pln • of a one year HOUSING ASSISTANCE (HAP) PLAN (HAP), prior to submittal to (87) the U.S. Department of Housing and Urban Development. 10. PUBLIC HEARING SCHEDULING - For January 14, 1985: (a) Authorize the City Clerk to Ofcl Police advertise for Official Police Tow Tow Sery Truck Service bids to be opened at (70) 11:00 a.m., on Friday, December 21, 1984; and schedule public hearing on January 14, 1985, for awarding said contract. 11. SIDEWALK AND TREE REPLACEMENT ON BALBOA Sdwlk /Tree PENINSULA (C -2449) - Approve the plans Rplcm Balboa and specifications; and authorize the Pnsla City Clerk to advertise for bids to be C -2449 opened at 11:00 a.m., on January 10, (38) 1985. (Report from Public Works) 12. BUDGET AMENDMENTS - For approval: (25) BA -052, $5,000 - Increase in Budget Appropriations to provide for 12 dumpsters to replace old ones at Marinapark; Marinapark Fund. • BA- 053, $197,500 - Increase in Budget Appropriations and Increase of $194,285 in Revenue Estimates to provide for undergrounding utilities in China Cove (Assessment District No. 56); General Fund. BA -054, $25,000 - Transfer in Budget Appropriations to provide for completion of funding for award of Contract No. 2432, Pearl Avenue Storm Drain Improvement; General Fund. BA -055, $85,000 - Increase in Budget Appropriations and Revenue Estimates to provide for preliminary engineering and preparation of Environmental Document for the Unit II Upper Newport Bay Restoration and Sediment Control Project (funds are being provided by the State Department of Fish and Game); General Fund. BA -056, $500 - Transfer in Budget Appropriations to provide Mayor's Executive Chair to replace the old one • presently being used; City Council Fund. Volume 38- Page 384 COUNCIL MEMBERS co tP� \kP\P15 'F ROLL CAL December 10, 1984 MINUTES IWnrY G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Proposed ordinance being, AN ORDINANCE OF THE CITY OF HarborRegs/ NEWPORT BEACH AMENDING CHAPTER Cmcl Actvts 17.41 OF THE NEWPORT BEACH (51) MUNICIPAL CODE RELATING TO COMMERCIAL ACTIVITIES ON THE WATERS OF NEWPORT BEACH, was presented for introduction with reports from Tidelands Affairs Committee, dated November 26 and December 10, 1984. It was noted that the ordinance had been revised since the printing of the agenda and copies distributed to the Council. .The City Attorney suggested another revision to the ordinance, adding an additional paragraph to Section 17.41.120 to read: 11The commercial activities of those holding permits issued prior to the effective date of this ordinance, may be continued to the extent authorized by permit or prior ordinance, but the permittee shall • not increase or expand activities beyond those which are conducted on the effective date of the ordinance unless an amendment to the permit has been approved by the Marine Director or City Council on appeal.11 Motion x Motion was made to introduce Ordinance Ord 84 -29 All Ayes No. 84 -29, as revised and pass to second reading on January 14, 1985. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 84 -28, being, Ord 84 -28 Trf /Veh /PD AN ORDINANCE OF THE CITY OF NEWPORT (85/70) BEACH AMENDING THE PROVISIONS OF CHAPTER 12.08 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE REGULATION OF CRUISING, presented for second reading and adoption with reports from City Attorney and Police Department, dated November 19, 1984. Volume 38 - Page 385 ilill 31 Ell 01 COUNCIL MEMBERS F December 10, 1984 o ' \Tp�9 ROLL Council Member Strauss stated that he Ord 64 -28 felt the proposal is well meant, but Cruising • that there are some problems of Regs administration and logic he would like to understand better, and therefore, he discussed his concerns with the City Attorney. Council Member Plummer expressed her reasons for supporting the ordinance, and indicated there have been numerous 11cruising" problems in West Newport. The City Attorney stated that this particular ordinance is something that gives the Police Department more power than they have right now. It addresses the situation where you have traffic congestion caused by relatively few numbered people within a small area which creates a congestion by driving around and around the block over and over again. The ordinance is a tool that can be used by the Police Department when a specific group of people are causing a problem in a specific area. If the City were not to have this type of provision in the Code, the Police Department would have to use some other statute, or ordinance to control the area. This ordinance is • taken from provisions of the State Vehicle Code that authorizes cities to enact cruising ordinances. Council Member Strauss referred to the memorandum from Police Chief Gross dated November 19, 1984, advising that "cruising problems do not currently exist in Newport Beach, . " Council Member Strauss stated that if the ordinance is adopted, it would be in anticipation of a problem the City does not have, and by and large it has not been the practice of the City Council to enact legislation for problems they might anticipate, but which they do not have. Motion x Motion was made to adopt Ordinance No. Ayes x x x x x x 84 -28. Noes x • Volume 38 - Page 386 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Gss �F9 December 10, 1984 MINUTES wnry I. CONTINUED BUSINESS: . 1. HARBOR PERMIT APPLICATION 11172 -901 by Harbor DONALD KOLL to construct a 36 foot groin Perm Apli bayward of 901 Via Lido Soud, was 11172 -901 presented with report dated October 22, (51) 1984 from Marine Department. Donald A. Ruston, Attorney representing Mr. and Mrs. B. R. Morris, who live next door to the Koll's, addressed the Council and stated that they objected to the proposal as they did not feel it was a "normal" sea wall, and would create potential erosion problems. He requested that a study be made of the erosion, which has not been done. Steve Barrett, Marine Contractor and representing the applicant, addressed the Council and stated that they have lowered the height of the sea wall as a result of discussions with the Morrises, and that a new wall was redesigned; however, the new plan was too late to get into the Council's agenda packet. Motion x Motion was made to refer this item to All Ayes the Tidelands Affairs Committee for report back on January 14, 1985. • 2. Report from Public Works regarding NptBlvd NEWPORT BOULEVARD IMPROVEMENTS FROM 32ND Impvms fm STREET TO COAST HIGHWAY, was presented. 32nd St- CHOwy The Public Works Director reviewed the (74) proposed project to widen the Newport Boulevard Bridge over West Newport Channel. The principal options for widening the bridge consist of a raised and widened structure (Option A), or widening the existing bridge at the present grade (Option B). The current City position in support of widening the existing bridge at the present grade was adopted by the City Council after a public hearing in June 1983. In March 1984, the City Council authorized an appraisal study to determine if a higher bridge would result in increased values for the waterfront properties upstream of the bridge. The appraisal report, a copy of which was attached to the written staff report, concluded that there would be an increase of value in the range of $500,000 to $750,000. The increase in value for the individual properties • would vary depending on lot width and the size of boat that could be Volume 38 - Page 387 ` �: i - COUNCIL MEMBERS C s o S S v o� ROLL CAL Gss � F9 y�9 December 10, 1984 MINUTES INDEX accommodated. This increase could form NptBlvd the basis for benefited property owners Impvms • paying a portion of the increased cost of a higher bridge by means of an assessment district. The Public Works Director further indicated that his staff had met with Mr. Sandy Wilford and Mr. Tom Orlando, representing waterfront property owners. At that meeting, Mr. Wilford stated that the property owners would object to paying a portion of the cost of a higher bridge at this time; however, if the City were to strongly and unanimously express support for a higher bridge to Caltrans, the property owners might be willing to participate at a later date if Caltrans funding could not be obtained. A letter dated December 5, 1984 from Mr. Wilford was presented by the Public Works Director, which he stated was received too late for inclusion in the agenda packet. He read the letter in its entirely, as follows: "Enclosed are two documents which pertain to your report to the City Council. "The first is a letter from waterfront homes which evidences lowering of the property values west of the bridge. "The second is a study performed by Mike Steiner, a realtor with considerable experience in real property investments in this area. He did extensive studies on comparable sales relative to the modifications to the Coast Highway Bridge south of Dover Shores. The evidence is that there was substantially no resulting increase in values of the properties °up- stream' due to the raising of the bridge, "Finally, we repeat the position of the citizens west of the bridge. Their first desire is to have the bridge remain as is, without modification. However, if the bridge must be widened, the citizens are willing to compromise and allow the bridge be widened if • it is also raised at the same time. Volume 38 - Page 388 COUNCIL MEMBERS \CAL ROLL December 10, 1984 MINUTES INDEX "We believed that you would want to NptBlvd • include the above in your report." Impvms Potential Caltrans funding was reviewed by the Public Works Director, wherein he stated that Caltrans has consistently taken the position that: a) The existing bridge can be widened without reducing either vertical, or horizontal navigational clearances; b) Raising the bridge to increase navigational clearances is not a proper expenditure of highway uses (gas tax) funds. However, the argument has been advanced that replacement of the existing 50 -year old bridge with a new bridge would be a betterment, which could justify partial funding of the increased cost with Caltrans funds; and Caltrans staff has expressed some concurrence with this concept in the past. The Public Works Director further stated that a meeting was held on December 5 with Caltrans staff to review the matter, wherein Caltrans representatives indicated that a significant funding shortage is projected for the current 5 -year State Transportation Improvement Program (STIP), and that there are many • high priority traffic improvement projects competing for available funds. Caltrans staff thus would not be able to recommend State participation in a cooperative project to fund the additional costs of a higher bridge. It was concluded by the Public Works Director that there is no reasonable hope for funding a new higher bridge in the foreseeable future; and he therefore, recommended reaffirmation of previous Council support for widening the existing bridge without reducing either vertical or horizontal navigational clearances (Option 3). He described the current STIP programming for Phase I Project, consisting of widening the easterly side of Newport Boulevard from 32nd Street to the bridge in order to provide an additional northbound lane out of town. This project is presently programmed in the STIP for construction in fiscal year 1988 -89; however, it might be possible to advance the project to the 1987 -88 fiscal year. • Volume 38 - Page 389 COUNCIL MEMBERS C` S .0 � 2i Z ti '9 ��" c�F $�"9 ROLL CAL is Motion Ayes'.. Abstain is Motion All Ayes Motion All Ayes Motion All Ayes • MINUTES December 10, 1984 INDEX ptglvd mpvms ;24) Appointments Budget Off -St Pkg The following persons addressed the Council and spoke in favor of raising I the bridge: Ken Middleton, 304 The Rialto Don Rios, 301 -36th Street Sterling Wolfe, President, West Newport Community Association Mike Steiner, 3602 Marcus Tom Orlando, 15 Balboa Coves Claudia Wire, 8 Balboa Coves Bill McLaughlin, 67 Balboa Coves Sandy Wilford, 14 Balboa Coves It was indicated by some of the above who spoke that, if necessary, they would contribute financially to raising the bridge. x Following comments by the Council, X x x x x x motion was made to raise and widen the x Newport Boulevard Channel Bridge with no reference to funding at this time. J. CURRENT BUSINESS: 1. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL STANDING, AND AD HOC COMMITTEES; AND JOINT GOVERNMENTAL COMMITTEES: By virtue of Council Policy A -9, the Mayor is a member of all Standing and Ad Hoc Committees. I. COUNCIL STANDING COMMITTEES x A. Appointments Committee Chairman, Council Member Evelyn Hart Mayor Pro Tem Ruthelyn Plummer x B. Budget Committee Chairman, Council Member John Cox, Jr. Council Member Bill Agee X C. Off- Street Parking Committee Chairman, Council Member Bill Agee Mayor Pro Tem. Ruthelyn Plummer Volume 38 - Page 390 INDEX ptglvd mpvms ;24) Appointments Budget Off -St Pkg COUNCIL MEMBERS \CALROLL Motion Ayes Motion All Ayes Motion All Ayes Motion Ayes Motion All Ayes 0 CITY OF NEWPORT BEACH MINUTES December 10, 1984 INDEX PL&P1 Tidelands Undrgr Utl Water Aviation X D. Pending Legislation 8 Procedural Ethics Committee Chairman, City Attorney Robert Burnham City Manager Robert Wynn. Council Member Jacqueline Heather Council Member John Cox, Jr. x E. Tidelands Affairs Committee Marine Director Dave Harshbarger Chairman, Mayor Pro Tem Ruthelyn Plummer Council Member Evelyn Hart X F. Underground Utilities Coordinating Committee Council Representative John Cox, Jr. X G. Water Committee Chairman. Council Member John Cox, Jr. Council Member Bill Agee II. COUNCIL AD HOC COMMITTEES X A. The Aviation Committee Chairman, Council Member Donald Strauss Council Member Jacqueline Heather City Attorney Robert Burnham City Manager Robert.Wynn Thomas Edwards, Representative from Homeowner's Association Marilyn Hendrickson, Alternate (Continued next page) Volume 38 - Page 391 INDEX PL&P1 Tidelands Undrgr Utl Water Aviation COUNCIL MEMBERS On s - ROLL 9 c� F Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes 1r u December 10, 1984 MINUTES INDEX kirport Balboa Bay Club Balboa Pnsla Zng Cannery Vlg McFdn Sq SpcfcAPln CdM Trf /Stdy A. Vince Jorgensen, Representative from Airport Action Association (Vacant) Alternate Al Graham, Volunteer Attorney x B. City Council Ad Hoc Airport Committee Chairman, Council Member John Cox, Jr. Council Member Donald Strauss x C. Balboa Bay Club Ad Hoc Committee Chairman, Council Member John Cox, Jr. Council Member Evelyn Hart x D. Balboa Peninsula Zoning Ad Hoc Committee Chairman, Council Member Donald Strauss Council Member Bill Agee x E. Cannery Village /McFadden Square Specific Area Plan Ad Hoc Committee (Mayor appoints the Chairman) Chairman, Council Member Donald Strauss Mayor Pro Tem Ruthelyn Plummer X F. Corona del Mar Traffic Study Committee Chairman, Council Member Bill Agee Council Member John Cox, Jr. Volume 38 - Page 392 INDEX kirport Balboa Bay Club Balboa Pnsla Zng Cannery Vlg McFdn Sq SpcfcAPln CdM Trf /Stdy CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Moon yes Motion All Ayes Motion All Ayes • Motion All Ayes • MINUTES December 10, 1984 INDEX Marinapark Mbl Home Prk Mariners Mi SpAP1nRv Tidelands Afrs /CAC Cty -Schl Liaison x G. Marinapark Mobile Home City Council Ad Hoc Committee Chairman, Mayor Philip Maurer Vice Chairman, Council Member Donald Strauss Council Member John Cox, Jr. x H. Mariners Mile Specific Area Plan Review Ad Hoc Committee Chairman, Council Member Evelyn Hart Planning Commissioner Dave Goff A. Vince Jorgensen, Representative from Mariners Mile Business Steve Dobbie, Representative from Newport Heights x I. Tidelands Affairs Citizens Advisory Ad Hoc Committee Ralph Rodheim, Representative from Marine Division John Miller, Representative from Boating Industry Eddie Powers, Marina Owner Mary Lou Zoglin, Environmental Quality Citizens Advisory Committee Member Virginia Herberts, Newport Beautification Committee Member Robert Coldren, Citizen -At- Large III. JOINT GOVERNMENTAL COMMITTEES x A. City - School Liaison Committee City Manager Robert Wynn Council Member Jacqueline Heather (Reporting Chairman) Council Member John Cox, Jr. Volume 38 - Page 393 INDEX Marinapark Mbl Home Prk Mariners Mi SpAP1nRv Tidelands Afrs /CAC Cty -Schl Liaison CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� -o �r ti ti 9 ROLL Motion *yes Motion All Ayes Motion All Ayes Motion All Ayes • Motion All Ayes Motion All Ayes • MINUTES December 10, 1984 INDEX Inter -Cty Reltns Jt. Harbor 0/C Div - Lg CA Cities 0/C Sntn Districts/ 5, 6 &7 'O /C -Vctr Cntrl S/A Rvr Fld Prtctn X B. Inter -City Relations Committee City Manager Robert Wynn Council Member Evelyn Hart Council Member John Cox, Jr. x C. Joint Harbor Committee Council Member John Cox, Jr. Council Member Donald Strauss X D. League of California Cities - Orange County Division Mayor Philip Maurer Council Member Evelyn Hart (Alternate) X E. Orange County Sanitation Districts District 5 Mayor Philip Maurer Council Member Bill Agee (Alternate) Council Member Evely Hart District 6 Mayor Pro Tem Ruthelyn Plummer Council Member John Cox, Jr. (Alternate) District 7 Mayor Philip Maurer Council Member Bill Agee (Alternate) X F. Orange County Vector Control District Mayor Pro Tem Ruthelyn Plummer X G. Santa Ana River Flood Protection Agency Mayor Pro Tem Ruthelyn Plummer Council Member Jacqueline Heather (Alternate) Volume 38 - Page 394 INDEX Inter -Cty Reltns Jt. Harbor 0/C Div - Lg CA Cities 0/C Sntn Districts/ 5, 6 &7 'O /C -Vctr Cntrl S/A Rvr Fld Prtctn CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALs� A ,g �G yy G'P q�9 A ROLL Motion Dyes Motion A11 Ayes Motion All Ayes n A Ayes Motion All Ayes Motion All Ayes • MINUTES December 10, 1984 INDEX SLAG UprNpt Bay ER /Advsry UprNpt Bay Coprtv Agm/ Jt. Cmte BT /CAC CtzTrf Advisory EQ /CAC x H. Southern California Association of Governments (SCAG) Mayor Philip Maurer Mayor Pro Tem Ruthelyn Plummer (Alternate) X I. Upper Newport Bay Ecological Reserve Public Advisory Committee Mayor Philip Maurer Council Member Evelyn Hart (Alternate)) x J. Upper Newport Bay Cooperative Agreement — Joint Committee for the Evaluation and Implementation of Agreement Council Member Evelyn Hart Council Member Jacqueline Heather (Alternate)) IV. CITIZENS ADVISORY COMMITTEES (Appointed by the Mayor) x A. Bicycle Trails Citizens Advisory Committee Council Liaison Bill Agee Council Liaison John Cox, Jr. X B. Citizens Traffic Advisory Committee Council Liaison John C. Cox, Jr. Council Liaison Bill Agee (Re'porting Member) x C. Environmental Quality Citizens Advisory Committee Council Liaison Donald Strauss (Reporting Member) Council Liaison Ruthelyn Plummer Volume 38 — Page 395 INDEX SLAG UprNpt Bay ER /Advsry UprNpt Bay Coprtv Agm/ Jt. Cmte BT /CAC CtzTrf Advisory EQ /CAC CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CO'\ s � A � % P _V F� 9GSS fl December 10, 1984 INDEX KULL GAL Motion x 2. The following appointments were (24) A&yes confirmed to the CITIZENS ADVISORY COMMITTEES for a one -year term expiring December 31, 1985 (appointed by Council upon recommendation of each Council Member). Bicycle Trails Citizens Advisory BT /CAC Committee (District 1) Council Member Strauss's appointments deferred to January 14, 1985. (District 2) Mayor Pro Tem Plummer's appointments deferred to January 14, 1985. (District 3) Council Member Hart's reappointments of Steven Dobbie and Donald Harvey. (District 4) Council Member Heather's appointments deferred to January 14, 1985. (District 5) Mayor Maurer's appointments deferred to January 14, 1985. (District 6) Council Member Agee's reappointment of Sidney Balalis and Barbara Wong, (District 7) Council Member Cox's reappointment of Robert Edmunds and Peggy Smith. Citizens Traffic Advisory Committee CitzTrf Advisory (District 1) Council Member Strauss's Cmte appointments deferred to January 14, 1985. (District 2) Mayor Pro Tem Plummer's reappointment of Tom Orlando; remaining appointment deferred to January 14, 1985. (District 3) Council Member Hart's reappointment of Curt Herberts, II; remaining appointment deferred to January 14, 1985. (District 4) Council Member Heather's appointments deferred to January 14, 1985. Volume 38 - Page 396 COUNCIL MEMBERS \CALROLL Gds � December 10, 1984 MINUTES INDEX (District 5) Mayor Maurer's• appointments deferred to January ® 14, 1985. (District 6) Council Member Agee's appointment of Dee Dee Masters; remaining appointment deferred to January 14, 1985. (District 7) Council Member Cox's reappointment of George Spragins . and Larry Boyd. Environmental Quality Citizens EQ /CAC Advisory Committee (District 1) Council Member Strauss's appointments deferred to January 14, 1985. (District 2 ) Mayor Pro Tem. Plummer's appointments deferred to January 14, 1985. (District 3) Council Member Hart's reappointment of Brion Jeannette; remaining appointment deferred to January 14, 1985. (District 4) Council Member ® Heather's appointments deferred to January 14, 1985. (District 5) Mayor Maurer's appointments deferred to January 14, 1985. (District 6) Council Member Agee's reappointment of Maiqual Talbot; remaining appointment deferred to January 14, 1985. (District 7) Council Member Cox's reappointment of Bernard Pegg. Newport Beautification Citizens NptBeautif/ Advisory Committee CAC (District 1) Council Member Strauss's appointments deferred to January 14, 1985. (District 2) Mayor Pro Tem Plummer's reappointment of Rosemary Luxton and Judy White. (District 3) Council Member Hart's reappointment of Edward Benson and ® appointment of Greg Boston Volume 38 - Page 397 COUNCIL MEMBERS \CAL ROLL Gss ��9 Fp Z <-A Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes E MINUTES December 10, 1984 INDEX U/P 3120/ Resub 724(R) & Var 1118 U/P 1922 Inter - County Arpt Auth Cncl Team Wrkshp (District 4) Council Member Heather's appointments deferred to January 14, 1985. (District 5) Mayor Maurer's appointments deferred to January 14, 1985. (District 6) Council Member Agee's reappointment of Virginia Herberts; remaining appointment deferred to January 14, 1985. (District 7) Council Member Cox's reappointment of Carol Campbell and Gordon Kilmer. K. ADDITIONAL BUSINESS: x 1. Motion was made to schedule public hearing for USE PERMIT NO. 3120 /RESUB 724(R) /VARIANCE 1118, on January 14, 1985. x 2. Motion was made to schedule public hearing for USE PERMIT NO. 1922, on January 14, 1985. x 3. Motion was made to conceptually approve joining the Inter - County Airport Authority with formal documents to be prepared for final approval on January 14, 1985. x 4. Motion was made to change the date for the City Council Team Workshop from January 11 to January 10, 1985; Council Members Hart and Heather to make the final arrangements. Meeting adjourned at 11:15 p.m., to Friday, December 21, 1984, at 4:00 p.m. i Mayor ATTEST: City Clerk &V � P LIF It Volume 38 - Page 398 INDEX U/P 3120/ Resub 724(R) & Var 1118 U/P 1922 Inter - County Arpt Auth Cncl Team Wrkshp