HomeMy WebLinkAbout12/09/1985 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CAL\d1P REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL 9 9 DATE: December 9, 1985 INDEX
Present
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A. ROLL CALL.
ELECTION OF MAYOR AND MAYOR PRO TEM
The City Clerk presided for the election
of the new MAYOR, and placed all members
of the Council on an equal basis to
nominate and elect.
Motion
x
Motion was made to conduct oral
Election of
All Ayes
nominations for Mayor and conduct
Mayor
election by roll call vote.
Council Member Strauss commented that
Philip Maurer has been Mayor for one
year now, for what has traditionally
been a two -year term. He stated that
Phil has done an excellent job, and "it
is my pleasure to nominate him as Mayor
for the coming year."
Motion
x
Motion was made to conduct oral
Election of
All Ayes
nominations for Mayor Pro Tem and
Mayor Pro
conduct the election by roll call vote.
Tem
Motion
x
Motion was made to nominate Ruthelyn
All Ayes
Plummer as Mayor Pro Tem for the coming
year.
on
x
Motion was made to adopt Resolution No,
Res 85 -95
Ayes
85 -95 authorizing an allowance of
$287.79 per month to the Mayor in
accordance with Section 404 of the
Charter.
Motion
x
B. The reading of the Minutes of the
All Ayes
Meeting of November 25, 1985, was
waived, approved as written, and ordered
filed.
Motion
z
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 public hearing
regarding:
GENERAL PLAN AMENDMENT 85 -1(C) -
GPA 85 -1(C)
Consideration of an amendment to the
(45)
Land Use Element of the Newport Beach
General Plan so as to redesignate a
portion of the property located at 3901
East Coast Highway, Corona del Mar, from
"Low- Density Residential" and a mixture
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of "Administrative, Professional and
Financial Commercial" and "Retail and
Service Commercial" .to a combined
designation of "Administrative,
Volume 39 - Page 437
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December 9, 1985
INDEX
,mnd #7/
.CP
'CA 620
)rd 85 -31
(94)
Traffic Stdy
U/P 3155
(88)
Professional and Financial Commercial"
and "Multi - Family Residential," and the
acceptance of an Environmental Document;
and
AMENDMENT NO. 7 TO THE LOCAL COASTAL
PROGRAM - Consideration of an amendment
to the Certified Local Coastal Program,
Land Use Plan, so as to redesignate a
portion of the property located at 3901
East Coast Highway, Corona del Mar, from
"Low- Density Residential" and "Retail
and Service Commercial" to a combined
designation of "Administrative,
Professional and Financial Commercial"
and "Multi- Family Residential;" and
AMENDMENT NO. 620 (PROPOSED ORDINANCE
NO. 85 -31) - Request to amend a portion
of District Map No. 18 so as to
reclassify certain property from the R -1
District and the C -1 District to the
Planned Community District; and
TRAFFIC STUDY - Request to consider a
traffic study so as to permit the
construction of a seventy -seven unit
senior congregate liv n aci ity; and
USE PERMIT NO. 3155 - Request to permit
the construction of a seventy -seven unit
senior congregate living facility on
property located in the R -1 and the C -1
Districts (proposed to be rezoned to
P -C). The proposal also includes: A
request to allow a portion of the
structure to exceed the basic height
limit in the 32/50 Foot Height
Limitation District; a request to
establish an off - street parking
requirement based on a demonstrated
formula; and a modification to the
Zoning Code so as to allow the use of
tandem parking spaces in conjunction
with a full -time valet parking service.
Report from the Planning Department, was
presented.
Letters from Wally Ziglar, Michael
Chandler, and Cornelia and Walter Roys
opposing the project, were presented.
Letter from Friends of Oasis in support
of the proposed Crown House
Hotel /Apartment Residential Complex for
today's independent, active seniors, was
presented.
Volume 39 - Page 438
INDEX
,mnd #7/
.CP
'CA 620
)rd 85 -31
(94)
Traffic Stdy
U/P 3155
(88)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL December 9, 1985
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The City Clerk reported that after the
GPA 85 -1(C)/
agenda was printed, a petition
PCA 620/
containing 53 signatures, as well as a
U/P 3155
letter from A. M. McDougal, Trust
Officer for the Finch family, whose
property is located at 344 -356 Hazel,
was received in favor of the proposed
project; and a letter of opposition to
the proposed project was received from
Jonathan Lehrer - Graiwer of Western
Center on Law and Poverty, Inc.
It was noted by the staff that this
project was before the City Council on
appeal due to Planning Commission denial
on October 10, 1985.
David Neish, Urban Assist, Inc.,
representing the applicant, S.J.S.
Development, addressed the Council and
reviewed the proposed project noting
there would be 77 units; 68 units with 2
bedrooms and 9 one - bedroom units. All
units would be for rent and there would
be no "for sale" units. The tenants
would be provided three meals each day,
in addition to daily maid service. The
tenants would also have available to
them a van and limousine for local
transportation needs. A full -time valet
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will be on site to park cars for the
tenants, guests and staff. The complex
will contain a room for recreation and
crafts, as well as a beauty salon,
barber shop and small flower shop. The
facility is for senior citizens who are
active and in good health. It is not a
convalescent hospital. A swimming pool
will also be offered to the tenants,
along with other numerous exercise
programs.
With regard to parking, Mr. Neish stated
that they will be providing 77 parking
spaces underground with access onto
Pacific Coast Highway, and that their
proposed use at 100% occupancy will
generate-50% less traffic than the use
which exists on the site today. They
expect to employ 15 staff people during
daytime hours who will be required to
park in the underground garage.
In conclusion, Mr. Neish stated that the
City staff is in agreement with the
proposed use as being a compatible use
for the area, As well as the community
surrounding the site. He submitted two
additional letters in favor of the
project from Mr. 8 Mrs. C. Merton
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Johnson, 316 Hazel Drive, and Mr. A. M.
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McDougal, Trust Officer for property at
344 -356 Hazel Drive. He stated that
the City has a "definite need" for this
type of project, and urged the Council
to approve it.
Carl Irwin, Architect, 16400 Pacific
Coast Highway, Huntington Beach,
addressed the Council and stated that he
has been involved in senior citizen
housing projects for over 20 years, and
is a member of the California
Association of Homes for the Aging, as
well as a member of several other
similar organizations. He stated that
there is a shortage in the United States
of between 12 and 17 million units for
senior housing, and cited statistics
justifying his statements. With regard
to parking, he felt that approximately
two - thirds of the tenants will bring
their own cars to the facility even
though they may not drive them. He felt
the residents would generate one -half
trip per day. He also felt the 77 -unit
size for this type of facility was
smaller than average.
The following persons addressed the
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Council in favor of the project:
Pat Shapiro, 287 Evening Canyon
Road
Ed Williams, President, Friends of
Oasis
Luvena Hayton, 235 Poppy Avenue
Sherry Loofbourrow, 4606 Roxbury
Hunter Cook, Vice President,
Shorecliffs Homeowners Assoc.
Dee Dee Masters, 140 Fernleaf
Avenue (submitted two letters in
favor)
Helen McLaughlin, 544 Seaward Rd.
Robert Shelton, 470 Surrey Dr.
The following persons addressed the
Council in opposition to the project:
Wally Ziglar, 327 Poppy Avenue
Melinda Chandler, 318 Poppy Avenue
(read letter in opposition from
Jim and Patty McDonald, residents
on Hazel Dr.)
Dan R. Wiseman, 336 Hazel Drive,
addressed the Council and stated he had
no objection to the proposal; however,
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he did feel the parking was very
inadequate and should be looked at
further.
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Dick Nichols, 519 Iris Avenue,
GPA 85 -1(C)/
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representing Corona del Mar Homeowners
PCA 620/
Association, addressed the Council and
U/P 3155
stated that their association was
"fairly" split in their vote for this
project. Their basic concern is that
the two - bedroom units should be designed
as single - family units, and not as
separate living units, which could
double the usage. He also stated "there
is no traffic circulation in the area."
In response to Council inquiry, the
staff noted that the building would be
set back a minimum of ten feet from
Pacific Coast Highway.
Hearing no others wishing to address the
Council, the public hearing was closed.
In response to Council Member Hart
(regarding the letter in opposition from
Western Center on Law and Poverty,
Inc.), the City Attorney advised that
there are provisions in State Law which
place restrictions on the number of
times certain cities can amend the
various elements of the General Plan.
Those restrictions, we have determined,
are not applicable to Charter Cities,
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and we have reviewed the authority for
that as well as OPR guidelines.
Therefore, the City Council is free to
take action on the proposal under
consideration.
Council Member Strauss commented that
senior citizen housing was a definite
need in the City; however, he did feel
this project was "too" dense and would
like to see it reduced to approximately
a 55 -unit size.
In response to question raised by
Council Member Heather, the Planning
Director stated that if this project is
approved, there will be a PC Zoning on
the property, and pursuant to the
provisions of the Use Permit, if the
development is sold and a change of use
is desired, the project would be
required to come back to the Planning
Commission and City Council for an
amendment to the Planned - Community
District map.
Council Member Hart stated that she felt
this proposal was a very beautiful and
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fine project; however, she could not
support it because of the traffic
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Motion
Ayes
Noes
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CITY OF NEWPORT BEACH
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December 9, 1985
MINUTES
INDEX
Res 85 -96
Res 85 -97
PCA 626
(94)
circulation. She commented she did not
feel the tenants of the facility would
be giving up their cars and that there
would be a number of visitors to the
site.
x
Motion was made to redirect the action
x
x
x
x
x
of the Planning Commission and adopt
x
x
Resolution No. 85 -96, adopting an
amendment to the Land Use Element of the
Newport Beach General Plan for 3901 East
Coast Highway in Corona del Mar
[GPA 85- 1(C)I, and accepting an
Environmental Document; and adopt
Resolution No. 85 -97, adopting Amendment
No. 7 to the Newport Beach Local Coastal
Program Land Use Plan for 3901 East
Coast Highway in Corona del Mar; and
adopt proposed ORDINANCE NO. 85 -31,
being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 18 SO AS TO
RECLASSIFY CERTAIN PROPERTY FROM
THE R -1 AND C -1 DISTRICTS TO THE
P -C DISTRICT (PLANNING COMMISSION
AMENDMENT NO. 620); and approve a
Traffic Study permitting the
construction of a 77 -unit senior
congregate living facility with the
Findings contained in Exhibit "A;"
and approve Use Permit No. 3155,
allowing construction of a 77 unit
senior congregate living facility,
with the Findings and subject to
the Conditions contained in Exhibit
„A „
2. Mayor Maurer opened the public hearing
regarding PLANNING COMMISSION AMENDMENT
N0. 626, a request of THE IRVINE
COMPANY, Newport Beach, to amend the
KOLL CENTER NEWPORT PLANNED COMMUNITY
DEVELOPMENT STANDARDS so as to allow up
to two restaurants with a total floor
area not to exceed 3,250 sq. ft. within
"Office Site C" of the Planned
Community. Project located on the
easterly side of MacArthur Boulevard,
between Campus Drive and Birch Street,
in 'Office Site C" of Koll Center
'Newport Planned Community.
Report from the Planning Department, was
presented.
Volume 39 - Page 442
INDEX
Res 85 -96
Res 85 -97
PCA 626
(94)
CITY OF NEWPORT BEACH
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The City Manager noted that the subject
request is to substitute 3,250 square
feet of current office space for
restaurant space. If the City Council
sustains the recommendation of the
Planning Commission, the applicant will
then have to obtain a Use Permit, and
more details will be forthcoming at that
time.
Dave Dmohowski of The Irvine Company,
addressed the Council and stated he was
available for questions.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 85 -98
All Ayes
85 -98, amending the Koll Center Newport
Planned Community Development Standards
as recommended by the Planning
Commission.
3. Mayor Maurer opened the public hearing
Name Change/
regarding a request of the LIDO SANDS
Lido Sands
COMMUNITY ASSOCIATION, Newport Beach, to
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change the street name from "Bruce
(83)
Crescent" to "Lido Sands Drive" in West
Newport. Property located southerly of
West Coast Highway and westerly of West
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Balboa Boulevard in the private
community of Lido Sands.
Report from Planning Department, was
presented.
Hal Harley, 5015 Bruce Crescent,
addressed the Council in support of the
street name change. Mr. Harley
explained how the street "Bruce
Crescent" got its name, but stated that
the name is no longer applicable to the
area. He also commented that the 37
homeowners on Bruce Crescent were
contacted regarding the street name
change and all were supportive except
two residents who were ambivalent.
Mr. Harley stated that the name "Lido
Sands Drive" was more appropriate and
better suited for their area, and urged
approval of the name change.
Hearing no others wishing to address
the Council, the pubic hearing was
closed.
tion
x
Motion was made to sustain the action of
Ayes
the Planning Commission and adopt
Resolution No. 85 -99, changing the name
Res 85 -99
of Bruce Crescent to Lido Sands Drive.
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CITY OF NEWPORT BEACH
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E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION -
Pass to second reading and adoption on
January 13, 1986:
(a) Proposed ORDINANCE NO. 85 -32,
Ord 85 -32
being,
Business
Lic /Massage
AN ORDINANCE OF THE CITY OF
(27)
NEWPORT BEACH AMENDING CHAPTER
5.50 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
MASSAGE ESTABLISHMENTS.
(Report from the City
Attorney)
Letter from Olga Stoklasa and Shirley
Henderson regarding Section 5.50.025 of
the Newport Beach Municipal Code
regarding the City's Massage ordinance,
was presented.
Schedule for public hearing on January
13, 1986:
(b) Proposed ORDINANCE NO. 85 -33,
Ord 85 -33
being,
(94)
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH ADOPTING PLANNED
COMMUNITY DEVELOPMENT
STANDARDS AND A PLANNED
COMMUNITY DEVELOPMENT PLAN FOR
THE CORONA DEL MAR SENIORS
PROJECT LOCATED AT 3400 FIFTH
AVENUE, AND AMENDING A PORTION
OF DISTRICTING MAP NO. 51 SO
AS TO RECLASSIFY SAID PROPERTY
FROM THE R -1 -B DISTRICT TO THE
PLANNED COMMUNITY DISTRICT
PLANNING COMMISSION AMENDMENT
PCA 624
NO. 624]. (Report from the
Planning Department)
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2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 85 -100 requesting
FP /PW
the County of Orange to include the
Res 85 -100
Balboa Boulevard widening project
(74)
in the Arterial Highway Financing
Program (AHFP) in fiscal year
1986 -87; and directing the staff to
apply for AHFP funding for the
improvement of Balboa Boulevard
between 32nd and 44th Streets.
(Report from Public Works
Department)
(b) Resolution No. 85 -101 requesting
Jamboree Rd/
the Orange County Transportation
OCTC
Commission (OCTC) to include the
Res 85 -101
Jamboree Road widening project in
(74)
the Orange County Unified
Transportation Trust ( OCUTT) Fund
Program in fiscal years 1986 -89;
accept the Negative Declaration of
Environmental Impact; and direct
staff to apply for OCUTT funding to
construct Jamboree Road between
Coast Highway and Back Bay Drive.
(Report from Public Works
Department)
(c) Resolution No. 85 -102 determining
inane/
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and establishing an Appropriations
Approp Lmt
Limit for Fiscal Year 1985 -86.in
FY '85 -86
accordance with Article XIII -B of
Res 85 -102
the California Constitution and
(40)
Government Code Section 7910.
(Report from the Finance Director
w /resolution)
(d) Resolution No. 85 -103 requiring
Parking/
persons parking in the Balboa
Balboa Pkg
Parking Lot between the hours of
Lot Permit
3:00 a.m, and 6:00 a.m. to pay the
Res 85 -103
daily maximum fee. (Memorandum
(63)
from Off- street Parking Committee)
(e) Resolution No. 85 -104 amending
ncl Ad Hoc
Resolution No. 84 -147 to extend the
viation
term of the Aviation Committee to
I mte
December 31, 1986 and amending the
85 -104
duties and membership thereof.
s
(24)
(Report from the Executive
Assistant to the City Manager)
3. CONTRACTS /AGREEMENTS:
(a) Approve Engineering Services
Upr Npt Bay
Agreement for Design of the Upper
Wtr Trans
Newport Bay Water Transmission Main
Kn Rplcm
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Replacement (C -2552) with Kenneth
C -2552
I. Mullen, Consulting Engineers,
(38)
Inc.; and authorize the Mayor and
Volume 39 - Page 445
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
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City Clerk to execute said
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agreement. (Report from Public
Works Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Planning Department for Planning
response, letter from Corona del (68)
Mar Community Church,
Congregational requesting offsite
sign with directions to their
church.
(b) To Personnel Director for inclusion Legislation
in the records, status report from (48)
U.S. Senator Steve Symms regarding
S. 1570 legislation to amend the
overtime pay provisions of the Fair
Labor Standards Act.
(c) To Planning Department for Planning
response, letters from Art Dever (68)
(dated November 2, and 19, 1985)
registering his complaint regarding
the "Bubbles Balboa Cafe."
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
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(a) Orange County Local Formation
Commission Preliminary Agenda for
December 4, 1985.
(b) League of California Cities'
Special Bulletin No. 1 on Coastal
Issues.
(c) Notice of AT &T Communications'
Application for Rate Increase.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Michael Silvas on behalf of AASE Silvas/
Brothers seeking refund of $4,000 AASE Bros
for recovered theft items which
were bid on during the Police
Auction held in August, 1985.
(b) Deborah Ann Branca alleging Branca
physical injuries, emotional and
mental distress, damage to personal
belongings, etc., as a result of
Police arrest on August 21, 1985 at
N. Bayfront and Diamond on Balboa
..
Island.
Volume 39 - Page 446
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(c) Peter J. Carolan alleging excessive
Carolan
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force by City Police Department,
cruelty to claimant's animal, and
improper towing of claimant's
antique vehicle on August 12, 1985
at 17th and Ocean Front.
(d) Douglas W. Otto for Arnold & Kyle
Otto
Betton alleging Newport Beach
Police Department stopped claimant
at Brookhurst Avenue, just north of
Pacific Coast Highway in Huntington
Beach on August 19, 1985, arrested,
humiliated and degraded claimant
without apparent reason.
(e) Brenda Marie Lucero alleging she
Lucero
was falsely and wrongfully detained
and imprisoned by City Police
Department, et al., on September 4,
1985, at the Huntington Beach Inn.
(f) Pacific Bell alleging damage to
Pac Bell
buried cables by City Contractor,
Marco Construction on August 21,
1985 at 829 Harbor Island.
(g) Bernard L. Saxon alleging transfer
Saxon
fee charged by City in error in
order to assign lease at Marina
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Park on September 5, 1985.
For rejection:
(h) LATE CLAIM of Sara B. Kilde
Kilde
alleging Police Department damaged
bedroom door without cause on July
12, 1985 at 129 38th Street; and
putting City on notice that further
claim might be submitted regarding
harassment and false arrest.
(i) LATE CLAIM of Wausau Insurance
Wausau Ins/
Company /Lynne Valentine alleging
Valentine
involvement in traffic accident
with City Utility Truck on March
29, 1985 at Jamboree and Santa
Barbara.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Graybar Electric Company and Notice
Graybar
of Commencement of Action on Stop
Electric
Notice Claim regarding contract
with Marco Construction for
construction of Balboa Yacht Basin
.
Marina, Orange County Superior
Court, Case No. 47- 46 -72.
Volume 39 - Page 447
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(b) Brian Edward Riley for damages,
Riley
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Superior Court Case No. 473341.
Claim denied by the City Council on
August 12, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) One Laborer, Field Maintenance Division
(b) One Police Officer, Patrol Division.
(c) One Refuse Crewworker, Refuse Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the Planning Department
Council
regarding ADOPTION OF AMENDMENTS TO
Policy P -1
COUNCIL POLICY P -1 (ADMINISTRATIVE
(69)
GUIDELINES FOR THE IMPLEMENTATION
OF THE PROVISIONS OF STATE LAW
RELATIVE TO LOW- AND
MODERATE -INCOME HOUSING WITHIN THE
COASTAL ZONE).
(b) Report from the Executive Assistant
Council
to the City Manager regarding CITY
Policies
COUNCIL AIRPORT POLICIES B -1 AND
-1 /B -2
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B -2.
(69
(c) Report from the City Attorney
Balboa Inn/
recommending acceptance of an
Historical
easement granting to the City a
(35)
right to preserve certain
architectural features of the
Balboa Inn.
10. PUBLIC HEARING SCHEDULING - Schedule for
public hearing on January 13, 1986:
(a) GENERAL PLAN AMENDMENT 85 -3 -
GPA 85 -3
Consideration of an amendment to
(45)
the Land Use Element of the Newport
Beach General Plan so as to allow
an additional 9,500 sq. ft. of
office development in BLOCK 700 OF
NEWPORT CENTER (PACIFIC MUTUAL),
and the acceptance of an
Environmental Document. (Report
from the Planning Department)
(b) TENTATIVE MAP OF TRACT NO. 11949 -
TMpTr 11949
A request of the BREN COMPANY,
Newport .Beach, to subdivide 15.07
acres of land into five numbered
lots for residential.condominium
.
development, two lettered lots for
private open space purposes, one
lettered lot for private
Volume 39 - Page 448
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recreational purposes and two lettered
lots for public recreational purposes.
Property located at 3400 Fifth Avenue,
Corona del Mar. (Report from the
Planning Department)
11. FINAL MAP OF TRACT NO. 12105 - Approve
Final Mp
The Final Map of Tract No. 12105, a
Tr 12105
request of IRVINE PACIFIC, Newport
Beach, subdividing 16.824 acres of land
into one lot for residential condominium
purposes and a residual lot for private
open space purposes; incorporating by
reference the Finding and Condition of
Approval recommended by the Planning
Commission. Property located at the
southwesterly corner of MacArthur
Boulevard and Ford Road, in the BIG
CANYON PLANNED COMMUNITY. (Report from
the Planning Department)
12. FINAL MAP OF TRACT NO. 12306 - Approve
inal Mp
the Final Map of Tract No. 12306, a
Tr 12306
request of IRVINE PACIFIC, Newport
Beach, subdividing 11.17 acres of land
so as to create seven numbered lots for
residential condominium purposes, two
lettered lots for private street
purposes, one lettered lot for private
recreational purposes and two lettered
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lots for private open space purposes,
incorporating by reference the Finding
and Condition of Approval recommended by
the Planning Commission. Property
located at 4836 Jamboree Road, on the
northeasterly corner of Jamboree Road
and Camelback Street, in Area 5 of the
NORTH FORD PLANNED COMMUNITY. (Report
from the Planning Department)
13. FINAL MAP OF TRACT NO. 12212 - Approve
Final Mp
the Final Map of Tract No. 12212 (being
Tr 12212
a portion of the Tentative Map of Tract
No. 12212), a request of J. M. PETERS
COMPANY, subdividing 7.96 acres of land
into fifty numbered lots for
single - family residential development,
one numbered lot for public park
purposes, four lettered lots for private
street and access purposes, and one
lettered lot for private landscape and
open space purposes. Property being a
portion of the BAYVIEW PLANNED COMMUNITY
located at the southwesterly corner of
Bristol Street and Jamboree Road.
(Report from the Planning Department)
Volume 39 - Page 449
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s� S S t^-
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December 9, 1985
MINUTES
INDEX
Final Mp
Tr 12362
Final Mp
Tr 12528
Final Mp
Tr 12529
Final Mp
r 12530
Grand Canal
Mn Drdg /Rck
Buttress
-2506
(38)
14. FINAL MAP OF TRACT NO. 12362 - Approve
the Final Map of Tract No. 12362, a
request of J. M. PETERS COMPANY,
subdividing 6.05 acres of land into two
lots for residential condominium
purposes, and one lot for related
private recreational purposes. (See
report w /Agenda Item F -13 above)
15. FINAL MAP OF TRACT NO. 12528 - Approve
the Final Map of Tract No. 12528 (being
a portion of the Tentative Tract No.
12212), a request of J. M. PETERS
COMPANY, subdividing 24.88 acres of land
into one numbered lot for restaurant
purposes, two numbered lots for office
purposes, one numbered lot for hotel
purposes, two numbered lots for related
parking structure purposes, one numbered
lot for private health club and
commercial purposes, one lettered lot
for private street purposes, and one
lettered lot for public open space
purposes. (See report w /Agenda Item
F -13 above)
16. FINAL MAP OF TRACT NO. 12529 - Approve
the Final Map of Tract No. 12529 (being
a portion of the Tentative Map of Tract
No. 12212), a request of J. M. PETERS
COMPANY, subdividing 7.05 acres of land
into 52 numbered lots for single - family
residential purposes, one numbered lot
for private recreational purposes, seven
lettered lots for private street and
access purposes, and two lettered lots
for private landscape and open space
purposes. (See report w /Agenda Item
F -13 above)
17. FINAL MAP OF TRACT NO. 12530 - Approve
the Final Map of Tract No. 12530 (being
a portion of the Tentative Map of Tract
No. 12212), a request of J. M. PETERS
COMPANY, subdividing 5.45 acres of land
into 43 numbered lots for single - family
residential purposes, five lettered lots
for private street and access purposes,
and four lettered lots for private
landscape and open space purposes.
Property being a portion of the BAYVIEW
PLANNED COMMUNITY located at the
southwesterly corner of Bristol Street
and Jamboree Road. (See report w /Agenda
Item F -13 above)
18. GRAND CANAL MAINTENANCE DREDGING AND
ROCK BUTTRESS (C -2506) - Reject the sole
bid received for the project; and
Volume 39 - Page 450
INDEX
Final Mp
Tr 12362
Final Mp
Tr 12528
Final Mp
Tr 12529
Final Mp
r 12530
Grand Canal
Mn Drdg /Rck
Buttress
-2506
(38)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL Gad+ 9 �'P y�9 December 9, 1985
MINUTES
IIJngY
authorize the City Clerk to readvertise
•
for bids to be opened on January 16,
1986, at 11:00 a.m. (Report from Public
Works Department)
19. SPECIAL EVENT PERMITS: (Approve subject
Permits/
to conditions listed in the applications
Spcl Events
from Business License)
(65)
(a) Application #85 -483 - Orange
Apl #85 -483
County Board of Supervisors
Marathon and 10K Run,
requesting street closure,
amplified sound and temporary
sign over public street for
December 15, 1985;
(b) Application #85 -521 - Lido
Apl #85 -521
Marina Village Car Exhibition,
requesting street closure for
January 12, 1986; and
(c) Application #85 -410 - Corona
Apl #85 -410
del Mar Schools Spirit Run,
requesting street closure in
Fashion Island for January 26,
1986.
(d) Application #85 -582 - Echo
pl #85 -582
Beach Annual Surfing Contest
•
for December 21, 1985.
20. BUDGET AMENDMENTS - For approval:
(25)
BA -045, $29,800 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
purchase of Microcomputer /Data
Processing Equipment;
Fire- Administrative Fund.
BA -046, $13,520 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
replacement of Planning Department
vehicle totaled in an accident and
supplemental funds for an under budgeted
vehicle; Planning Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
None.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
.
None.
Volume 39 - Page 451
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL �� A 1i ti ti 9
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MINUTES
IIR..a J
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J. CURRENT BUSINESS:
1. Report from Parks, Beaches and
Misc Req/
Recreation Director regarding RUBY'S
Ruby's
RESTAURANT REQUEST TO RETAIN RESTROOM AT
(52)
BALBOA PIER FOR STORAGE PURPOSES, was
presented.
The City Manager referred to a letter
from N. S. Fairbanks, Architect for the
new Balboa Restroom facility, which
stated that if the existing restroom
remains, a new ramp and walkway to the
pier cannot be constructed. Also, if
the structure remains, there would be
change orders to the contract, which
will cost the City additional funds.
Inasmuch as there would be a greater
view corridor of the ocean and beaches,
Mr. Fairbanks recommends the existing
building be demolished as originally
intended.
Douglas S. Cavanaugh, owner of Ruby's
Diner, addressed the Council in support
of his request. He stated that the
continual increase in sales volume is
the reason for needed increase in
storage space. He referred to a drawing
•
attached to his letter of request
depicting the handicap ramp they propose
to construct if their request is
granted. He also stated that if they
are able to use the building for storage
purposes, the City would be saving a
demolition cost of $2,000, and at the
same time, bringing in additional
revenue from rental of the structure.
Motion
x
Following discussion, motion was made to
All Ayes
deny the subject request.
2. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL
Council
STANDING AND AD HOC COMMITTEES; AND
Standing/
JOINT GOVERNMENTAL COMMITTEES.
Ad Hoc
Committees
Motion
x
Motion was made to ratify the following
All Ayes
appointments by the Mayor:
I. COUNCIL STANDING COMMITTEES
A. Pending Legislation and Procedural
Ethics Committee
Chairman, City Attorney
City Manager
Council Member Jacqueline Heather
Council Member John C. Cox, Jr.
Volume 39 — Page 452
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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December 9, 1985
MINUTES
INDEX
B. Underground Utilities Coordinating
Committee
Council Representative John C. Cox,
Jr.
C. Water Committee
Chairman, Council Member .John C.
Cox, Jr.
Council Member Bill Agee
D. Appointments Committee
Chairman, Council Member Evelyn R.
Hart
Mayor Pro Tem Ruthelyn Plummer
E. Budget Committee
Chairman, Council Member John C.
Cox, Jr.
Council Member Bill Agee
F. Off- Street Parking Committee
Chairman, Council Member Bill Agee
Mayor Pro Tem Ruthelyn Plummer
G. Tidelands Affairs Committee
Marine Director
Chairman, Mayor Pro Tem Ruthelyn
Plummer
Council Member Evelyn R. Hart
II. COUNCIL AD HOC COMMITTEES
A. Aviation Committee
Chairman, Council Member Donald A.
Strauss
Council Member Jacqueline E.
Heather
City Attorney
City Manager
Thomas E. Edwards, Rep /Homeowners
Assn
Marilyn Hendrickson, Rep /Homeowners
Assn
Natalie Fogarty, Alternate
Vince Jorgensen, Rep /Airport
Working Grp
Dorothy Hardcastle, Alternate
Albert Graham, Volunteer Attorney
Volume 39 - Page 453
INDEX
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
December 9, 1995
INDEX
B. Marinapark Mobile Home Committee
Chairman, Council Member Donald A.
Strauss
VChairman, Council Member John C.
Cox, Jr.
C. Cannery Village /McFadden Square
Specific Area Plan Review Committee
Chairman, Council Member Donald A.
Strauss
Council Member John C. Cox, Jr.
D. Mariners Mile Specific Area Plan
Review Committee
Chairman, Council Member Evelyn R.
Hart
David Goff, Planning Commissioner
Vince Jorgensen, Rep /Mariners Mile
Business
Steve Dobbie, Rep /Npt Heights
E. Committee to Study Whether the City
Should Establish a Teen /Youth
Committee
Mayor Philip R. Maurer
Council Member Jacqueline E.
Heather
Sterling Wolfe, PB &R Commissioner
III. JOINT GOVERNMENTAL COMMITTEES
A. City - School Liaison Committee
City Manager
Council Member Jacqueline E.
Heather
Council Member Bill Agee
B. Inter -City Relations Committee
City Manager
Council Member Evelyn R. Hart
Council Member John C. Cox, Jr.
C. Joint Committee for the Evaluation
and Implementation of the Upper
Newport Bay Cooperative Agreement
Council Member Evelyn R. Hart
Council Member Jacqueline E.
Heather, Alternate
D. Joint Harbor Committee
Council Member John C. Cox, Jr.
Council Member Donald A. Strauss
Volume 39 - Page 454
INDEX
COUNCIL MEMBERS
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December 9, 1985
-
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INDEX
E. League of California Cities /National
Division
Mayor Philip R. Maurer
Mayor Pro Tem Ruthelyn Plummer,
Alternate
F. League of California Cities /Orange
County Division
Mayor Philip R. Maurer
Council Member Evelyn R. Hart, Alternate
G. Orange County Vector Control District
Mayor Pro Tem Ruthelyn Plummer
H. Orange County Sanitation Districts
District 5
Mayor Philip R. Maurer
Council Member John C. Cox, Jr.,
Alternate
Council Member Evelyn R. Hart
District 6
Mayor Pro Tem Ruthelyn Plummer
Council Member John C. Cox, Jr.,
Alternate
District 7
Mayor Philip R. Maurer
Council Member John C. Cox, Jr.,
Alternate
I. Southern California Association of
Governments (SCAG)
Mayor Philip R. Maurer
Mayor Pro Tem Ruthelyn Plummer,
Alternate
J. Santa Ana River Flood Protection Agency
Mayor Pro Tem Ruthelyn Plummer
Council Member Jacqueline E. Heather,
Alternate
K. Inter - County Airport Authority
Council Member Evelyn R. Hart
Council Member Jacqueline E. Heather,
Alternate
Volume 39 - Page 455
INDEX
COUNCIL MEMBERS
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Motion
All Ayes
,0
11
MINUTES
December 9, 1985
INDEX
Citizens
Advisory
Cmts
3. APPOINTMENTS TO THE CITIZENS ADVISORY
COMMITTEES for a one -year term expiring
December 31, 1986 (appointed by Council
upon recommendation of each Council
Member).
x
Motion was made to confirm the following
appointments:
Bicycle Trails Citizens Advisory
Committee
(District 1) Council Member
Strauss's reappointment of Frances
Farrer and appointment of David
pay". -PAZ �-4 6
(District 2) Mayor Pro Tem
Plummer's appointments deferred to
January 13, 1986.
(District 3) Council Member Hart's
reappointment of Donald Harvey and
appointment of Steve Fobes.
(District 4) Council Member
Heather's reappointments of Thomas
Fish and Donald Regan.
(District 5) Mayor Maurer's
reappointment of Rob Patterson and
remaining appointment deferred to
January 13, 1986.
(District 6) Council Member Agee's
reappointments of Sydney Balalis
and Ralph Winter.
(District 7) Council Member Cox's
reappointment of Peggy Smith and
remaining appointment deferred to
January 13, 1986.
Environmental Quality/
Beautification Citizens Advisory
Committee
(District 1) Council Member
Strauss's reappointments of Ron
Covington and Bobby Lovell.
(District 2) Mayor Pro Tem
Plummer's appointments deferred to
January 13, 1986.
(District 3) Council Member Hart's
reappointment of Harry Merrill and
appointment of Ed Benson.
Volume 39 - Page 456
INDEX
Citizens
Advisory
Cmts
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL 9 '9 c�F ROLL y <' December 9, 1985
MINUTES
INDEX
(District 4) Council Member
Heather's reappointments of Tom
Thomson and Ruth Zimmerman.
(District 5) Mayor Maurer's
reappointments of Matey Lou Zoglin
and Eric Elder.
(District 6) Council Member Agee's
reappointment of Maiqual Talbot
(second appointment to remain
vacant).
(District 7) Council Member Cox's
reappointment of Bernard Pegg and
remaining appointment deferred to
January 13, 1986.
Technical Oil Advisory Committee
George Guthrie reappointed to
4 —year staggered term ending
December 31, 1989
4. Report from the City Manager concerning
Cannery
acquisition of lots in Cannery Village,
Vlg/Property
was presented.
Acquired
(73)
The City Manager summarized the subject
report and noted a correction on Page 2
of his report advising that the value
contained in the new appraisal, dated
November 1985, should read $498,000,
rather than $499,500. An appraisal of
the Assistance League property has also
been authorized, and hopefully this
appraisal will be completed within 30
days.
The City Manager stated that the staff
needs direction from the City Council
whether to proceed with the acquisition
of the three parcels, and that approval
or disapproval of the proposed
resolution will give the desired
direction.
Discussion ensued, wherein Council
Member Strauss indicated he would prefer
waiting until the appraisal for the
Assistance League property has been
completed before giving any direction to
staff at this time.
In response to Council inquiry, the City
Attorney advised that the last
conversation he had with the Assistance
League representative and their
attorney, reflected an interest on their
Volume 39 — Page 457
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL GSr � y�9 December 9, 1985
MINUTES
INDEX
part to get something close to market
value for their lots during the
negotiation process, but he, himself,
does not know the value of those lots.
Motion
x
Following consideration, motion was made Res 85 -105
Ayes
x
x
x
x
to adopt Resolution No. 85 -105
Noes
x
authorizing; staff to negotiate for the
Abstain
x
purchase of real property located at
411 -415 30th Street in Cannery Village;
Council Member Hart stated that her
reason for abstaining from the vote is
because she did not have pertinent
information necessary for her to vote on
this item, at this time.
K. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to include the Traffic Traffic Stdy
All Ayes
Study in the public hearing for TMp 11949/
Tentative Map No. 11949 /Planning PCA 624
Commission Amendment No. 624 on property
located at 3400 -5th Avenue, Corona del
Mar, which is scheduled on January 13,
1986.
Motion
x
2. Motion was made to schedule public Mod 3125/
Al Ayes
hearing on January 13, 1986 for 213 Jasmine
Modification No. 3125, on property
located at 213 Jasmine Avenue, Corona
del Mar.
Meeting adjourned at 9:55 p.m.
Ma or
ATTEST:
City Clerk
a
iJ S
�tIFORN�*
Volume 39 - Page 458