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HomeMy WebLinkAbout01/11/1982 - Regular MeetingC UNCIL ME B RS s s�.� G ROLL CALL i Present Motion All Ayes Motion All Ayes on All Ayes 4 CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: January 11, 1982 MINUTES INDEX USC Agm C -2317 (38) Mobile Home Park /Zone 0 -1894 (94) P/C Amnd 567 Permaplaqued Certificates of Appreciation were presented to: Parks, Beaches and Recreation Commission Stanford Green Planning Commission Hal Thomas x x x x x x x A. ROLL CALL. x B. The reading of the Minutes of the Meeting of December 14, 1981, was waived, approved as written and ordered filed. x C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. J. CURRENT BUSINESS: 2. There being no objections from the Council, Item J- 2, report from the Acting City Attorney regarding the REQUEST OF UNIVERSITY OF SOUTHERN CALIFORNIA to use Corona del Mar Elementary School, was con- sidered at this time. Letter from Corona del Mar Community Association President regarding USC usage of Corona del Mar Elementary School, was presented. x Mayor Heather moved to continue this item to February 22, 1982, at which time there will be a report from the State Coastal Commission. David Dill, 704 Acacia Avenue, representing citizen in the area of Corona del Mar Elementary School, addressed the Council and requested they take an active role in protecting the homeowners' rights in this matter. He stated that their primary objec- tion is USC's proposal to use the school in the evenings and on weekends. Mayor Heather advised that this subject will be discussed at the next City Council /School Liaison Committee meeting. The motion was voted on and carried. D. HEARINGS: 1. Mayor Heather opened the public hearing regarding Ordinance No. 1894, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICI- PAL CODE ESTABLISHING A MOBILE HOME PARK DISTRICT, PLANNING COMMISSION AMENDMENT NO. 567, a request initiated by the City of Newport Beach to consider Volume: 36 - Page 1 INDEX USC Agm C -2317 (38) Mobile Home Park /Zone 0 -1894 (94) P/C Amnd 567 I January 11, 1982 MINUTES Mobile Home Park /Zone an amendment to Title 20 of the Newport Beach Municipal Code establishing a Mobile Home Park District. Report from the Planning Department, was presented. • Russell Nelson, resident of Lido Mobile Home Park, addressed the Council stating he was not notified of the public hearing. It was pointed out to Mr. Nelson that the ordinance under consideration would only create a Mobile Home Park District and establish the language for same. The ordinance would not apply to Lido Mobile Home Park unless specific hearings are scheduled to do so, and at that time residents in the park would be notified. Dick Hogan, Planning Consultant, 1300 Dove Avenue, representing owners of De Anza Mobile Home Park, referred to Page 5 of the subject ordinance, Sec- tion 20.20.040, Users Permitted, and suggested the following language be added to (a). . . "including the redevelopment of existing parks to State stan- dards." Mr. Hogan also suggested Section 20.20.050, Page 7, Paragraph C, contain language which applies the ordinance only to existing mobile home parks, and which requires the method of mitigating housing impacts on existing; tenants of those mobile home parks. In addition, Mr. Hogan requested clarification of the words "more appropriately," as contained in Section 20.20.050, Item (b). He stated he felt the language was very vague and should be defined more clearly. Earl Lane, Director, Golden State Mobile Home- owner s League, suggested Mr. Hogan obtain a copy of the regulations governing mobile home parks by the Department of Housing & Community Development contained in Title 25, Chapters 2, 4 and 5. Tom Peckenpaugh, 4041 MacArthur Boulevard, Attorney representing the owners of De Anza Mobile Home Park, addressed the Council and discussed the current disagreement between the operators of the park and residents. He summarized some of the major issues of concern, including the tenants rent control proposal submitted to the City. He stated that the procedures, the City was following in their view were not in line with the requirements of the California Environmental Quality Act, and he felt there should have been an initial study prior to proceeding this far. In closing, it was indicated he felt the ordinance was unnecessary. With respect to CEQA requirements, the Mayor advised that an environmental document was not ®! Volume: 36 - Page 2 Mobile Home Park /Zone k: L • Motion All Ayes n Ayes is x MINUTES January 11, 1982 required for the subject ordinance; however, an environmental report would be needed should the ordinance be applied to a particular mobile home park. Hearing no others wishing to address the Council, the public hearing was closed. Adopted Ordinance No. 1894, designated as Exhibit "B" in the staff report. 2. Mayor Heather opened the public hearing regarding Ordinance No. 1895, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO PERMITTING RESIDENTIAL USES IN THE MARINERS MILE SPECIFIC PLAN DISTRICT AND THE ACCEPTANCE OF AN EN- VIRONMENTAL DOCUMENT, PLANNING COMMISSION AMENDMENT N0. 569, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20.62 of the Newport Beach Municipal Code as it pertains to permitting resi- dential uses in the Mariners Mile Specific Plan District (SP -5) and the acceptance of an Environ- mental Document. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Adopted Ordinance No. 1895. 3. Mayor Heather opened the public hearing regarding the ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT FOR T WIDENING OF JAMBOREE ROAD AND IMPROVEMENTS (Weste ly from Ford Road to Eastbluff Drive North). Report from the Planning Department, was presented. Kenneth E. Clissett, 2906 Alta Vista Drive, ad- dressed the Council with respect to the mitigating measures set forth in the Environmental Impact, Report. He indicated the mitigating measures pro- posed were only offered on a theoretical basis at this point, and that it was not positively known that this will bring the noise level down to a livable level until after the wall has been con- structed. Mr. Clissett requested he be assured that, if the mitigating measures do not attenuate the noise sufficiently, the City Council will take other measures which could be brought into force to control the noise level. William C. Green, 2912 Alta Vista Drive, addressed the Council and stated that several of the owners in the area would like the option of not having the wall if so desired. Volume 36 - Page 3 Mariners /Mile Zoning 0-1895 (94) P/C Amnd 569 Jamboree Rd/ Impvms C -2309 (38) CITY OF NEWPORT BEACH C UNCIL ME B RS $ $ s�A y A G Rol I CAI 1 n$ January 11, 1982 MINUTES INDEX Rd/ The City Manager advised that this could be ad- Jamboree dressed at the design stage. Impvms Dr. Michael Heaslet, 2220 Alta Vista Drive, address- ed the Council and stated that the property owners in his area (below grade) are in support of a wall extended. He distributed copies of a letter from Robert A. Bonsack, 2226 Alta Vista Drive, regarding Mr. Bonsack's concerns over the placement of a sidewalk along the western edge of Jamboree Road. Dr. Heaslet stated he felt the installation of a sidewalk in their area would only invite more pedestrian traffic, thus inviting burglaries. He also would like to have a guardrail to insure safe- ty to the homeowners. Charles R. Payton, Sr., 914 Citrus Place, addressed the Council and stated that his home, as well as other homes in the immediate area, are at grade with Jamboree Road and most of the property owners in the subject area are in favor of the wall. How- ever, Bison Avenue is the major intersection, and the problem they face regarding the sidewalk is that, once the lane is widened, vehicles will be traversing closer to their homes. John Rowe, 2232 Alta Vista Drive (below grade), addressed the Council and discussed the projected estimate of average daily traffic densities for Jamboree Road. He also queried the staff on the estimated cost of the noise barrier, and spoke in support of retaining the existing landscaping, particularly the fully -grown Eucalyptus trees. In • closing, Mr. Rowe indicated he felt Jamboree Road was unsafe for a bicycle path. Gary Schaumburg, 2900 Alta Vista Drive, addressed the Council and stated that the potential walls the property owners are! going to be able to choose from aesthetically are beautiful, and are far superior to the existing walls. Mr. Schaumburg submitted a list containing 17 sig- natures of property owners in the area supporting the construction of the noise wall, but who were unable to attend the hearing. Regarding the placement of a sidewalk north of Bison Avenue, Mr. Schaumburg stated that he could not see how anyone could rationally say that a sidewalk in his area would impair their security, or their privacy. He felt a sidewalk in his area would deter burglaries. With respect to a sidewalk south of Bison Avenue, he felt it should be moved to the other side of the street. It would be his recommendation to locate the sidewalk from East Bluff Drive north to Bison Avenue. Hearing no others wishing to address the Council, the public hearing.was closed. Volume 36 - Page 4 Rd/ v NCIL MEMBERS Motion x All Ayes u • 0 • CITY OF NEWPORT REACH MINUTES January 11, 1982 Motion was made to make the following findings: (a) That an Initial Study and Negative Decla- ration have been prepared in compliance with the California Environmental Quality Act (CEQA), the State Guidelines for Implementing CEQA, and City Policy K -3, and that their con- tents have been considered in the decision on this project; and (b) That based on the information contained in the Negative Declaration, the project in- corporates sufficient mitigation measures to reduce potentially significant environmental .effects, and that the project will not result in significant environmental impacts. Included in the motion was the directive that the foregoing comments; shall be evaluated in the final design phase, and that said comments also be re- viewed by the Bicycle,Trails Committee. 4. Mayor Heather opened the public hearing regarding City Council review of USE PERMIT NO. 2045 AND RESUBDIVISION N0. 713 approved by the Planning Com- mission at its meeting of December 10, 1981, being a request to convert and expand an existing retail shoemaker shop and the Red Carpet Bar into a single restaurant facility with an outdoor patio area, including the service of alcoholic beverages and live entertainment. The proposal also included a request to pay an annual in -lieu fee to the City for the required off - street parking spaces and a modification to the Zoning Code to allow existing and proposed encroachments into the required ten foot rear setback, adjacent to an alley in the C -1 District. Resubdivision No. 713 would establish a single parcel of land and eliminate an interior lot line where two lots presently exist in order to allow the remodel and expansion, of an existing com- mercial building. Property located at 109 -111 Palm Street, on the westerly side of Palm Street between West Balboa Boulevard and West Ocean Front, in the Central Balboa area. Report from the Planning Department, was presented. Letter from Robert W. Duff, R.W.D. & Associates, urging denial of Use Permit No. 2045 based upon the reasons enumerated in his letter, was presen Council Member Strauss stated that he had requested this item be reviewed by the City Council. He was not concerned with its approval; however, he was concerned with the location and its proximity to living residences, noise that could be created from live entertainment„ and the proposal to serve brunch because of the possible parking problem dur- ing the summer. In addition, the hours of opera- tion and staying open to 2 a.m., concerned him. The Planning Director reviewed the zoning and uses for the subject area. Volume 36 - Page 5 U/P 2045 (88) s rat 5 • 0 L CITY OF NEWPORT BEACH MINUTES January 11, 1982 The following persons addressed the Council: Douglas Cavanaugh, 114 Garnet Avenue, Balboa Island, Applicant, displayed drawings of the proposed restaurant. He gave a brief slide presentation of existing and adjacent property He submitted a handout which indicated the full capacity days and evenings at the Balboa Pier Municipal Parking Lot. In addition, he distributed a copy of a letter from the Balboa Improvement Association dated December 10, 1981, which stated that, of the ten responses received, nine: were in favor of the project. He also submitted copies of responses to a questionnaire that was sent to all property owners within the immediate area. Of the 43 questionnaires sent out, a total of 15 were answered and returned. Nine supported the project, three: did not, and three were unde- cided. He stated that most of the local mer- chants in the area are in favor of the project With respect to parking, he stated there has been discussion with Laguna Federal Savings and Loan Association for nighttime use of their parking lot. Mr. Cavanaugh explained the proposed plan for the restaurant: facility and stated that the music would be low -key listening music for lounge and dining patrons, with specific exclusion of percussion instruments. There will be no rock and roll music performed on the premises, nor will there be any music projected out onto the patio. All entertain- ment will conclude at 11:30 p.m. Mr. Cavanaugh stated that this was a family operation and that he will be general manager for the first two years. He felt the project would cleanup the area, it would eliminate the dirt strip between the two existing buildings, and provide a better image for the Fun Zone and pier area. Council Member Maurer asked Mr. Cavanaugh if the use permit: were approved, would he give the City assurance that he would work with the surrounding neighbors regarding any noise problems. Mr. Cavanaugh responded that they would do everything that is required to attenuate all sound from the building. With respect to comments made by Council Member Strauss, Mr. Cavanaugh stated that the clientele at their restaurant would be differ- ent than those: patronizing the present facili- ty, and he felt that remaining open until 2 a.m., would not create a problem. Volume 36 - Page 6 U/P 2045 CITY OF NEWPORT REACH C UNCIL ME B RS MINUTES sy s�A 9 �� y�,V RAI I CAI I n� �D January 11. 1982 irdnrY John Loomis, 425 -30th Street, Architect for u/P 2045 the Palm Cafe, stated that the subject project p involves remodeling an existing nonconforming building, and. that the proposed use is consis- tent with the General Plan. He described the floor plans and elevations on display. With respect to parking, if Laguna Federal Savings and Loan allows them the use of their lot, they intend to utilize a tandem valet system- He felt the project would be a great improve- ment to the area and urged favorable considera- tion be given. Ralph Sequita, 508 E. Ocean Front, distributed a map showing the current residential and commercial uses in the subject area. He stated that his primary concern was the hours of operation between 11 p.m. and 2 a.m., and suggested the Council amend the conditions of approval to require a more reasonable closing time. Ed Lynch, 600 E. Ocean Front, Rendezvous Condominiums, gave a video presentation show- ing the Rendezvous Condominiums and its prox- imity to the proposed Palm Cafe. He pointed out how close some of the residents' bedrooms would be to the restaurant, and stated that they were very concerned with the noise level that could be generated from the building. He stated that they were also worried about their visitor parking stalls being used by restaurant patrons. He stated that he polled 21 of the residents of the Rendezvous Condomin iums, of which twenty were not in favor of the project as presented, one undecided, and three could not be contacted. Robert W. Duff, 600 E. Ocean Front, Rendezvous Condominiums, stated that he was opposed to the project because of the noise and parking. He stated that he was pleased with the pro- posed renovation of the Balboa Fun Zone and felt the restaurant should be located within that area. He urged the Council to give con- sideration to the local residents and home- owners in the area. Christie Easley, 600 E. Ocean Front, Rendez- vous Condominiums, expressed her concerns with respect to restaurant patrons using her personal parking space. Susie Ficker, 110 Ninth Street, stated that she was opposed to the project primarily because of increased traffic. Jane Campbell, owner of Balboa Beauty, ad- dressed the Council in favor of the project. Volume 36 - Page 7 • C UNCIL ME 8 \RS s9 .A ant I cei I � CITY OF NEWPORT BEACH January 11, 1982 MINUTES I rdnFY Joe Campbell, 317 Coronado Street, stated he has.a contract with Laguna Federal Savings and Loan for the parking lot, and that he has entered into a verbal agreement with Mr. Cavanaugh for use of the lot contingent upon approval of San Diego Federal Savings and Loan who will be taking over Laguna Federal, and who will have to execute his contract. Helen Morris, 600 E. Ocean Front, stated it was her understanding from the Manager of Laguna Federal Savings and Loan that the Appli cant would not be allowed to use the bank park ing lot for parking. Bob Brown, 511 E. Balboa Boulevard, stated his bedroom is approximately 30 feet from the Red Carpet Bar, and that he does not foresee any problems for himself. He feels the restaurant would enhance the area and also does not feel parking would be any more of a problem than that which currently exists. June Brown, 511 E. Balboa Boulevard, stated that she and her husband have improved their property and are very much in support of the restaurant. Art Dever, 510 E. Balboa Boulevard, stated his bedroom is approximately 15 feet from the proposed development, and that he was opposed to the project in its entirety. • James C. Person, Jr., President of Balboa Improvement Association, stated he was sorry to see friends and neighbors aligned against one another on something which was not as significant as a number of people might think it to be. Mr. Cavanaugh addressed the Council again, and responded to some of the remarks made by - residents. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Modified approval granted by Planning Commission All Ages with respect to Findings No. 4 and 6, as follows: There shall be no amplified music to be performed, and hours of operation to be changed to a closing time of 12:30 a.m., on weekdays and Sunday, and 1 a.m., on Saturday. 5. Mayor Heather opened the public hearing and City U/P 2019 Council review on APPEAL BY R. V. HOGAN COMPANY . (88) AND SPANGLER /SACHTMAN AND ASSOCIATES, NEWPORT BEACH, from the decision of the Planning Commis- sion on December 10, 1981, denying USE PERMIT NO. 2019 AND RESUBDIVISION NO. 696, a request to con- struct a twenty unit time -share condominium Volume 36 - Page 8 C UNCIL MEhkB RS Rn1 i rar i �' 9 CITY OF NEWPORT BEACH lanuary 11. 1982 MINUTES INDEX ifcl /Police 'ow (Harbor) : -2147 ;38) resolution 12 -1 development and related parking area in the C -1 -H District which exceeds the basic height within the 26/35 Foot Height Limitation District and the acceptance of an Environmental.Document; and a request to establj!sh a single building site for the condominium project where two lots and a portion of two other lots now exist. Report from the Planning Department, was presented. Letters from Orange Coast Developers, urging denial of Use Permit 2019 and Resubdivision 696, and Gloria Rowe opposing the timeshare condominium project, were presented. The City Clerk reported that, after printing of the agenda, she had received letters in opposition to the proposed project from St. James Episcopal Church, Lido Isle Community Association, Cliff Haven Community Association and W. N. Kennicott. Motion x Motion was made to table this item until such time as the City has enacted a time - sharing ordinance with guidelines, against which the subject project could be measured.. Robert Glasser, owner of the proposed development, addressed the Council and stated that he was not opposed to tabling the item at this time. However, he did suggest that the Council hear testimony from those in attendance, as he felt there were some new points of information which were not heard by the Planning Commission. ion x Motion was made to call for the question. Ayes x x x x x x Noes x Ayes x x x x x x Motion to table was voted on and carried. Noes x 6. Mayor Heather opened the public hearing regarding C AWARDING OF A CONTRACT OF OFFICIAL POLICE TOWING 7 SERVICES FOR THE CITY OF NEWPORT BEACH for two- year period to Harbor Towing, Inc., 964 W. 17th 1 Street, Costa Mesa, pursuant to Municipal Code Section 5.15.050. Report from the City Manager, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Adopted Resolution No. 82 -1, authorizing the Mayor F All Ayes and City Clerk to execute an Agreement with Harbor f Towing Company to operate as the Official Police Tow Service operator and issuing a Certificate of Public Convenience: and Necessity therefor. • Volume 36 -- Page 9 INDEX ifcl /Police 'ow (Harbor) : -2147 ;38) resolution 12 -1 CITY OF NEWPORT BEACH C U ME B RS MINUTES s9�'A y�9G RC11 I CAI I .6 6 January 11. 1982 I Nf1CY ai ac ne Ilbo F6 E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: x The following actions were taken as indicated except _Motion �1 Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION: For introduction and passed to second reading on January 25, 1982: (a) Removed from the Consent Calendar. (b) Proposed Ordinance No. 82 -2, being, Pkg /Off -St Ordinance AN ORDINANCE OF THE CITY OF NEWPORT BEACH 82 -2 AMENDING SECTION 12.40.040 OF THE NEWPOR (63) BEACH MUNICIPAL CODE PERTAINING TO LIMI- TATIONS ON PARKING DURATION. (A report from the Police Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -2 approving a Use Permit Swo -Lin Ch Agreement for Swo -Lin Chai guaranteeing U/P 2015 completion of public improvements required Resolution with Use Permit No. 2015 and authorizing the 82 -2 (88) Mayor and City Clerk to execute said Agree- ment. (A report from the Planning Department) (b) Resolution No. 82 -3 awarding a Contract to J. Big Canyon Harris Construction and E. J. Harris Con- Rea /Strg F struction, Inc. in connection with .storage facility and engine room at Big Canyon Reser - Resolution 82 -3 voir (C- 2199). (A report from the Public C -2199 Works Department) (38) (c) Resolution No. 82 -4 summarily vacating a Vac /Wtr Li waterline easement at the southeasterly cornex Easm of Bayside Drive and Marine Avenue (DWG. R /W- Resolutior 5411 -L) Resub No. 569. (A report from the 82 -4 Public Works Department) (90) (d) Resolution No. 82 -5 authorizing the erasure of Police Dpt Police Department telephone and radio commu- Resolutior nications recordings after 100 days retention 82 -5 period, pursuant to Section 26202.6 of the (70) Government Code of,the State of California. (A report from the Police Department) (e) Resolution No. 82 -6 authorizing the Mayor and Marinaparl City Clerk to execute a,Consent.to Sale of Feldman /Kc Mobilehome and Trailer Space in Newport Resolutior Marinapark (Feldman and Kolbo). 82- 6/C -15i (38) (f) Resolution No. 82 -7 amending Resolutions 9946 Bldg Mntc and 9947 by approving a rate increase of Resolutior $159.00 per month for Universal Building 82 -7 Mainentance in connection with Janitorial C -2049 Services for the Police Department and Li- (38) brary. (A report from the City Manager) (g) Removed from the Consent Calendar. Volume 36 -- Page 10 ai ac ne Ilbo F6 L • • CITY OF NEWPORT BEACH MINUTES January 11, 1982 3. 4. COMMUNICATIONS - For referral as indicated: (a) To Finance Department (Business License) for reply, letter from Mrs. John F. Skinner re- garding business license renewals. (b) Removed from the Consent Calendar. (c) To Planning Department for inclusion in the records, letter from Mariners Association regarding proposal for annexation of Santa Ana Heights. (d) To Public Works Department for reply, a peti- tion from 9 property owners abutting unimprov alley in Block 3, Tract 27, with request to pave the alley. (e) To the Pending Legislation and Procedural Ethics Committee, Resolution No. 2200 of the City of Westminster urging the Orange County Board of Supervisors reconsider and reject any. plans for joint use aviation purposes at Los Alamitos Armed Forces Reserve Center. (f) Removed from the Consent Calendar. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter from Robert M. Wolff supporting comple- tion of Costa Mesa Freeway, MacArthur Freeway, and 5th Avenue Bypass. (b) Letters from Al "King Alfonso" Lizanetz regar ing his ongoing campaign against Seagram Dis- tillery, and water and land pollution caused, by poisonous chemicals. (c) Excerpt from Orange County Board of Supervis- ors` Minutes.of December 15, 1981, regarding authorization of negotiation of amendment to agreement Newport Harbor Boat Docks, City of Newport Beach. (d) Minutes Local Agency Formation Commission,, Orange County, dated November 25, 1981. (e) Minutes of Airport Land Use Commission for Orange County of October 15, 1981. (f) Minutes of November 12, 1981 and tentative agenda for January, 1982 for Orange County Division - League of California Cities. (g) Application No. 61138 before the California Public Utilities Commission of Southern Cali- fornia Edison Company for authority to increaE rates charged by it for electric service. • I I I I I I I I Volume 36 - Page 11 Bus Lie (27) Santa Ana Hgts /Annex (21) St /lmpvms (82) Resolutions Other Cities (77) CITY OF NEWPORT BEACH MINUTES ROLL CALL January 11, 1982 INDEX (h) South Coast Air Quality Management District Engineering Division Report regarding "Control of Emissions During Excavation of Hazardous Waste Sites." 5. CLAIMS FOR DAMAGES,: - For denial and confirmation (36) • of the City Clerk's referral to the claims adjuster: (a) Patricia Ann Ailes for false arrest and Ailes physical abuse allegedly sustained while in custody at the Newport Beach Police Department on October 29„ 1981. (b) Faye Bram for personal injuries sustained on Bram December 14, 1981, as the result of fall due to alleged dangerous and hazardous condition of sidewalk in front of Westcliff Villa. (c) Marilyn J. Gala for personal injuries sustain- Gala ed on October 29, 1981 when she fell into an alleged hole /drainage pipe opening near boat slip ramp. (d) Ann B. Hunter for personal injuries sustained Hunter on December 11, 1981 when she fell into alleged pothole on Old Newport Boulevard while getting out of her automobile. (e) Douglas Parmentier, Jr., for reimbursement of Parmentier, plumbing expenses, alleging City planted tree Jr. caused sewer blockage at 1517 Eton Place on December 17, 1.981. (f) Lynne Darlene Plyler for personal injuries/ Plyler property damage sustained on October 11, 1981 near Jamboree Road and Bristol Street, alleg- ing faulty traffic signal cause of accident. (g) Eric C. Puyman for personal injuries received Puyman. on December 15y 1981, allegedly sustained as the result of traffic accident involving City vehicle. (h) Gladys Patricia Sach for property damages/ Sach personal injuries sustained on December 15, 1981 when her vehicle was rear -ended by City truck on 2729 W. Coast Highway. (i) Lois L. Shoush.for property damage sustained Shoush on September 28, 1981, alleging damage to her television caused by Paramedics equipment. (j) Helen Brice Smith for personal injuries Smith received on October 30, 1981, when she fell, alleging uneven, irregular and unlevel concrete on 423 -25 Thirty -first Street. (k) Removed from the Consent Calendar. For rejection - not timely filed: • (1) Charles Gardner for reimbursement of towing charges when Police Department towed his Gardner vehicle away on Seashore Drive on August 6, 1981. Volume 36 - Page 12 L • C • CITY OF NEWPORT BEACH MINUTES January 11, 1982 INDEX 6. SUMMONS AND COMPLAI'.NTS: - For confirmation of the (36) City Clerk's referral to claims adjuster: . (a) Susan A. Gordy, for personal injuries, Orange Gordy County Superior Court, Case No. 367878. Claim was denied by City Council on June 22, 1981. (b) Tara Elaine Casper, Case No. C- 371 -467, Orange Casper County Superior Court. Suit relates to traf- fic accident which occurred on June 21, 1980 on Superior Street near Route 1. (c) Jean Hersh for personal injuries, Orange Hersh County Superior Court, Case No. 368699. Claim was denied by City Council on September 14, 1981. (d) John Purcell, Orange County Superior Court, Purcell Case No. 368102. Claim was denied by City Council on June 22, 1981. (e) Teleprompter of Newport Beach, Cross - Complaint, Teleprompter Orange County Superior Court, Case No. 34 -77- 52. Claim was denied by City Council on November 23, 1981. (f) Dorothy Henry for personal injuries, Orange Henry County Superior Court, Case No. 368773. Claim was filed with the City on July 15, 1981 and denied by City Council on July 27, 1981. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (A report from the City Manager) (a) One Stock Clerk, Finance Department. (b) One Equipment Mechanic III, General Services Department. (c) One Groundsman- Gardner I, Parks, Beaches and Recreation Department. 8. STAFF AND COMMISSION REPORTS: - For Council infor- mation and approval: (a) Report from the Acting City Attorney regarding Elections/ CAMPAIGN CONTRIBUTIONS. Campaigns (39) (b) Letter from the City Manager to Thomas H. Upr Npt Bay/ Nielsen, Sr. Vice President, Community Develop Sdmtn Frog ment, The Irvine Company regarding UPPER C -2203 NEWPORT BAY SEDIMENTATION MONITORING PROGRAM. (38? (c) Removed from the Consent Calendar. (d) Removed from the Consent Calendar. .(e) REVENUE SHARING COMPLIANCE LETTER FOR THE Revenue CITY OF NEWPORT BEACH FOR YEAR ENDED JUNE 30, Sharing 1981 from Simonis Moreland Accountants, Inc. (40) 9. PUBLIC HEARING SCHEDULING: None. Volume 36 - Page 13 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES 9 ROLL CALL �� p January 11, 1982 INOEX 10. ACCEPTANCE OF LANDSCAPING IMPROVEMENTS AT OASIS Oasis Sr /Ctr SENIOR CITIZENS CENTER (C -2259) Accept the work; Impvms authorize the City Clerk to file a Notice of C -2259 Completion, and release the bonds 35 days after (38) Notice of Completion has been filed. .(A report from the Public Works Department) 11. 19TH STREET CLASSROOM AND RESTROOM BUILDING (C -2312 )19th St /Clsrm - Approve plans and specifications; and authorize C -2312 the City Clerk to advertise for bids to be opened (38) at 11:00 a.m., on February 24, 1982. (A report from the Public Works Department) 12. MAIN STREET SEWER REPLACEMENT (C -2216) - Approve Main St /Swr the plans and specifications; and authorize the C -2216 City Clerk to advertise for bids to be opened at (38) 11:00 a.m.; January 28, 1982. (A report from the Public Works Department) 13. ACCEPTANCE OF LIDO ISLE RESURFACING, PHASE I AND II Lido Is /Rsrfg. (C -2248) - Accept the work; and authorize the City Ph I /II Clerk to file a Notice of Completion and release C -2248 the bonds 35 days after Notice of Completion has (38) been filed. (A report from the Public Works Department) 14. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 663 Resub 663 EASTERLY 100 FEET OF LOT 4, BLOCK F, TRACT 27, Impvms LOCATED AT 3227 CLAY STREET ON THE WESTERLY SIDE OF (84) CLAY STREET BETWEEN BOLSA AVENUE AND WESTMINSTER AVENUE IN NEWPORT HEIGHTS - Accept the public improvements constructed in conjunction with Resub- division No. 663; and authorize the City Clerk to release the Faithful Performance Surety Bond (No. 98191), and release the Labor and Material Surety Bond (No. 98191) in six months provided no claims have been filed. (A report from the Public Works Department) 15. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. 667 Resub 667 LOTS 14 AND 15, BLOCK 9, TRACT 27, LOCATED AT 441 Impvms NORTH NEWPORT BOULEVARD, ON THE WESTERLY SIDE OF (84) NORTH NEWPORT BOULEVARD, BETWEEN BOLSA AVENUE AND WESTMINSTER AVENUE IN THE 'OLD NEWPORT BOULEVARD" AREA - Accept the public improvements constructed in conjunction with Resubdivision No. 667; and authorize the City Clerk to release the Faithful Performance Surety ($4,500 cash deposit, Receipt No. 17133 deposited into Account No. 02- 217 -02) and Labor and Material Surety in six months provided no claims have been filed. (A report from the Public Works Department) 16. NEWPORT BOULEVARD IMPROVEMENTS FROM 30TH STREET TO Npt B1 /30th COAST HIGHWAY - Authorize staff to initiate nego- Impvms tiations with CALTRANS. for funding of a cooperative w /CALTRANS project to improve 'Newport Boulevard from 30th (74) Street to Coast Highway. (A report from the Public Works Department) Volume 36 —Page 14 10 • Motion All- Ayes on Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES January 11, 1982 INDEX 17. BUDGET AMENDMENTS - For approval: (25) BA -056, $5,000.00 Increase in Budget Appropriations for Outer Continental Shelf Oil Drilling Studies; Tide and Submerged. Lands Fund. BA -057, $800.00 Increase in Budget Appropriations. for used 1966 Compressor; Parks, Beaches and Recreation Fund. G. ITEMS REMOVED FRONT THE CONSENT CALENDAR: 1. Proposed Ordinance No. 82 -1, being, Balboa Is 'Refuse AN ORDINANCE OF THE CITY OF NEWPORT BEACH Ordinance AMENDING SECTION 6.04.195 TO THE NEWPORT 82 -1 BEACH MUNICIPAL CODE PROHIBITING THE USE (44) OF PUBLIC REFUSE CONTAINERS, LOCATED ON BALBOA ISLAND, was presented for introduction, and for second reading on January 25, 1982, with a report from the City Manager. Motion was made to amend Section 6.04.195 to add the word "household" to the sixth line, between the words "any" and "refuse," and to introduce Ordinance No. 82 -1, as amended. 2. Report from the Acting City Attorney regarding Tfc /Phasg INTERPRETATION OF TRAFFIC PHASING CONDITIONS IM- (68) POSED UPON DEVELOPMENT BY PACIFIC MUTUAL AND J. M. PETERS, was presented. Following comments by Council Member Strauss re- garding the recommendation contained in the subject report, and clarification thereof, motion was made to grant the requests of J. M. Peters and Pacific Mutual, and modify the conditions on the subject developments, as set forth in said report. 3. Letter from D. C. Lenton and three other property Kings Rd/ owners on Kings Road, was presented. Height Lmt (68) Barbara Luther, 530 Kings Road, addressed the Council and stated that she and three other proper- ty owners in her immediate area were not notified of the change in height limit on Kings Road from 16.23' to 24'/281. She urged the Council to reconsider initiating a zoning amendment to return to 16.23' to protect their view, rights and values. She felt the present height limit demanded restudy and reevaluation. Following discussion, motion was made to refer the subject letter to staff for reply, with copy of response to City Council 4.. Proposed resolution establishing a revised sched- Pkg /Off -St ule of rates for the Corona del Mar State and City (63) Beach Parking Lots and the Balboa Pier Parking Lot effective April 1, 1982, and rescinding Resolu- tion No. 9813 was presented with a report from the Marine Department. Volume 36 - Page 15 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALL s's p January 11, 1982 INDEX Motion x Deferred item to February 8, 1982, in order to All Ayes allow review and comment by impacted individuals. 5. Letter from B. T. Chen, Administrator for Park Police Dpt Newport Apartments, commending actions of Newport (70) Beach SWAT Team on December 3, 1981, was presented. Notion x It was indicated this item had been removed from All Ayes the Consent Calendar in error, and therefore, motion was made to approve the recommended action to refer the subject letter to the Police Department for inclusion in the records. 6. Letter to the City Manager from Police Chief Gross Police Dpt regarding GIFT OF DON KOLL COMPANY OF 1982 CHEVRO- (70) LET STEP VAN for use by Police Department's SWAT Team, was presented. Motion x Mayor Heather stated that she wished to publicly All Ayes commend the Koll Company for this outstanding gift to the City, and therefore, moved to accept said gift with deep gratitude and appreciation. 7. Claim of Versailles Homeowners Association for Versailles property damage, alleging noncompliance with Plumb- Homeownrs /Asn ing Code (Building Department issued acceptance Claim (36) notice on February 17, 1981 at 100 -102 Sholz Plaza), was presented. Motion x Rejected subject claim, as not timely filed. All Ayes H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1896, being, Bus Lie /Regs Massage Prlr AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1896 AMENDING CHAPTER 5.50 SECTIONS .052 and .054 (27) OF THE NEWPORT BEACH MUNICIPAL CODE BY EXCLUD- ING THE'WORDS "OR BY CITY COUNCIL APPROVAL" PERTAINING TO :POSTING ON PUBLIC PROPERTY, was presented for adoption, along with a report dated December 8, 1981, from the Acting City At- torney. Motion x Adopted Ordinance No. 1896. All Ayes 2. Ordinance No. 1897, being, Npt Is /Pkg Permit AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1897 AMENDING CHAPTER 12.08.040 OF THE NEWPORT (63) BEACH MUNICIPAL CODE TO PERMIT RESIDENTS OF NEWPORT ISLAND TO USE THEIR 1981 PARKING PERMITS FOR THE YEAR 1982 AT NO ADDITIONAL COST, was presented for adoption, along with a report dated December 14, 1981, from the Traffic Affairs Committee. Motion x Adopted Ordinance No. 1897. Aloes Volume '36 - Page 16 CITY OF NEWPORT BEACH C UNCIL ME 8 RS MINUTES ROLL CALL Sif+ P January 11 1982 ;s NDEX 3. Ordinance No. 1898, being, Bus Lic /Re! Alarm Sys AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1898 AMENDING PORTIONS OF SECTION 5.49 OF THE (27) NEWPORT BEACH MUNICIPAL CODE RELATING TO • BURGLARY, ROBBERY AND FIRE ALARM SYSTEMS, was presented for adoption, along with a report dated December 7, 1981, from the City Attorney's Office. Motion x Adopted Ordinance No. 1898. All Ayes I. CONTINUED BUSINESS: 1. Appointments to the CITIZENS ADVISORY COMMITTEES CAC Apmts for a one -year term, expiring December 31, 1982: (24) Bicycle Trails Citizens Advisory Committee Motion x (District 1) Council Member Strauss' reappointments All Ayes of Barbara Kimbrell and Steve Kimble confirmed. Motion x (District 2)'Council Member Plummer's reappointment All Ayes of Virginia McClellan and Sterling H. Wolfe con- firmed. Motion x (District 3) Mayor Pro Tem Hart's appointment of All Ayes Gary Schaumburg confirmed. Motion x (District 4) Mayor Heather's remaining appointment tonAyes deferred to January 25, 1982. x (District 5) Council Member Maurer's remaining A Ayes appointment deferred to January 25, 1982. (District 6) Council Member Hummel's appointments deferred to January 25, 1982. Environmental Quality Citizens Advisory Committeet Motion x (District 1) Council Member Strauss' reappointments All Ayes of Bobby Lovell and Marilyn Hendrickson confirmed. Motion x (District 2) Council Member Plummer's reappoint - All Ayes ments of Janice De Bay and David Goff confirmed. Motion x (District 3) Mayor Pro Tem Hart's appointment of All Ayes Jim Turner confirmed. Motion x (District 7) Council Member Cox's remaining appoint All Ayes went deferred to January 25, 1982. Litter Control Citizens Advisory Committee Motion x (District 1) Council Member Strauss' reappointments All Ayes of Lucile S. Patterson and Ann Iverson confirmed. (District 2) Council Member Plummer's appointments Motion x deferred to January 25, 1982. Ayes Volume 36 - Page 17 ;s C UNCIL L ME B RS ti ys 9 k �� ROLL CALL SJ+ P Motion All Ayes Motion 0 Ayes ion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion CITY OF NEWPORT BEACH MINUTES January 11. 1982 x x x x (District 5) Council Member Maurer's remaining appointment deferred to January 25, 1982. (District 6) Council Member Hummel's remaining appointment deferred to January 25, 1982. (District 7) Council Member Cox's remaining appoint- ment deferred to January 25, 1982. Transportation Plan Citizens Advisory Committee (District 1) Council Member Strauss' reappointments of Jean Harrington and Agnes Kalb confirmed. x (District 2) Council Member Plummer's reappointment of Margot Skilling and Sam Osadche confirmed. x (District 5) Council Member Maurer's appointment of Joseph Meshi confirmed. 2. APPOINTMENT TO PLANNING COMMISSION to fill the term of Hal Thomas, expiring on June 30, 1983: The assignment of red and green lights was selected as the method of voting for the following nominees: x x x x x x John Kurlander was assigned the red light. x Richard Furtaw was assigned the green light. John Kurlander was appointed. 3. APPLICATION OF DR. KHOSRO KHALOGHLI for permits to grade and to construct private driveway in Cliff Drive, was presented. Report from the Public Works Department, was pre- sented. x Mayor Pro Tem Hart stated that she was the one who had made the motion to deny the subject application at the last Council meeting, and since then has viewed the property, with the owner and a member of City staff. She stated she would like the Council to reconsider its previous action, as it was her impression the curb cut would go across City park property, and that there was adequate access with- out the curb cut. However, this was a misunder- standing, and she, therefore, moved to approve the application, subject to the following conditions: 1) that the remaining sidewalk along Riverside Avenue be completed by the Applicant; 2) that the landscaping be approved by the Parks, Beaches and Recreation Department; 3) that none of the Appli- cant's vehicles be allowed to park on the City - owned property; and 4) that no commercial- venture activity take place on the subject R -3 lot. Dr. Khosro Khaloghli, 2919 Cliff Drive, Applicant, addressed the Council and stated that for the past 2 -1/2 years he has been working with architects and engineers, who have been working closly with City staff on the development of his property. He is willing to comply with all conditions imposed by the City, and feels his home will be a "piece of art" when completed. Volume 36 - Page 18 INDEX P/C Aptm (24) Khaloghli Permit (65)' C UNCIL ME B RS s � o ROLL CALLS d+ All Ayes ion Ayes Motion • CITY OF NEWPORT BEACH MINUTES January 11, 1982 lNOEX W /Npt Oil (73) GPA 80 -3 Referendum (39) The motion was voted on and carried. 4. A report from the Utilities Director regarding WEST NEWPORT OIL FIELD, was presented. x Directed staff to call for open and competitive bids to operate the oil field on a short term (2 year) basis; approved the Technical Oil Advisory Committee recommendation to build a Crude Oil Ship- ping Line; and referred the proposed budget amend- ment of $76,000 to Council Budget Committee; sub- ject to approval by City Council. 5. Reports from the Acting City Attorney dated Decem- ber 31, November 4 and September 14, 1981, regard- ing GENERAL PLAN AMENDMENT 80-3, were presented. The City Clerk reported that after the printing of the agenda, a letter had been received from SPON regarding the proposed wording of the ballot mea- sure. x Motion was made to: (a) Adopt a proposed resolution calling and giving notice of the holding of a Special Municipal Election to be held in the City of Newport Beach on Tuesday, June 8, 1982, for submission to the qualified electors of said City a resolution relating to a General Plan Amendment (GPA 80 -3); (b) Adopt a proposed resolution requesting the Board of Supervisors of the County of Orange to consolidate a Special Municipal Election of the City of Newport Beach to be held on June 8, 1982, with the Statewide Election to be held on said date, pursuant to Section 23302 of the Elections Code; and (c) Adopt a proposed resolution authorizing the City Council to submit to the City Clerk, an argument against the ballot measure that is the subject of the Special Municipal Election called by the City Council on January 11, 1982. Council Member Strauss stated that he did not have any strong, objections to adopting the foregoing . resolutions; however, he did feel the proposed language fQr the ballot measure should be reworded, and recommended the words "subject to completion of roadway improvements," be deleted. The Acting City Attorney advised that the City Council could revise the wording of a ballot mea- sure, if.so desired. Susie Ficker addressed the Council and asked if there will be an opportunity for someone to submit an argument in favor of the ballot measure, to - which the Acting City Attorney replied in the affirmative. I Volume :36 - Page 19 lNOEX W /Npt Oil (73) GPA 80 -3 Referendum (39) CITY OF NEWPORT BEACH C UNCIL ME 8 RS \CALIX ROLL Sy y January 11, 1982 Motion • Motion Ayes Noes Motion All Ayes 0 MINUTES e IGPA 80 -3 Refefendum f e t in ie id i is >f :d i to Ballot Msr Ad -Hoc Comte Molho /Enchrm (65) John Wayne/ Sculpture Comte (24) x Following discussion, motion was made to amend tt wording of the ballot measure to read: "Shall Resolution No. 11039, approving amendments to the General Plan of the City c Newport Beach (GPA 80 -3) permitting develop- ment in Newport Center, subject to the conditions of improvement, be repealed?" Susie Ficker addressed the Council again, and queried the Acting City Attorney as to who has tl authority and responsibility of writing the balls measure. The Acting City Attorney responded that it is wii in the power of the City Council to set forth th< language of the ballot measure; however, how the Council reaches the end result in terms of that language, is within the discretion of the Counci: alone. X Following further consideration, substitute moti4 X. is x x x x was made to defer the subject resolutions to x January 25, 1982. An ad -hoc committee was established to prepare tl language of the ballot measure; committee to con- sist of Mayor Heather, and Council Members Cox ai Strauss. J. CURRENT BUSINESS: 1. APPLICATION OF MORRI MOLHO to construct 40 -inch- high retaining wall encroaching eight feet, sever inches into the public rights -of -way of Cliff Drive and of Aliso Avenue at 2320 Cliff Drive, w. presented. Report from the Public Works Department, was pre- sented. X Approved the application. 3. Request from JOHN WAYNE SCULPTURE COMMITTEE AND NEWPORT HARBOR JUNIOR CHAMBER OF COMMERCE FOR APPROPRIATION OF FUNDS FROM THE RESERVE FUND FOR CULTURE AND ARTS, was presented William F. Littleton, Vice - President of the Newp Harbor Junior Chamber of Commerce, and Chairman the John Wayne Sculpture Committee, addressed th Council and requested that $13,000 be appropriat from the Reserve Fund for Culture and Arts (F -20 to accommodate the completion of the John Wayne Sculpture. As stated in their letter to the Council, the funds are to be a temporary loan to be paid back from fund raising efforts by.the Newport Harbor Junior Chamber of Commerce in cooperation with the Newport Beach Arts Commissi In addition, it is their recommendation that the Mayor and City Clerk execute an agreement with t artist, Chris Matson, to formalize the project completion. Volume 36 - Page 20 e IGPA 80 -3 Refefendum f e t in ie id i is >f :d i to Ballot Msr Ad -Hoc Comte Molho /Enchrm (65) John Wayne/ Sculpture Comte (24) C y yy UNCIL ME B'RS s o ROLL CAL I ny �D CITY OF NEWPORT BEACH January 11. 1982 MINUTES - UVULA Mr. Littleton stated that the Newport Harbor Jun- ior Chamber of Commerce has raised $20,500 to date for the sculpture,. The total estimated cost of completion is $33,000. Approval by the City Council of this request will bring an end to a worthwhile community project that has encountered a variety of completion problems. It is the intention of the committee to expedite the comple- tion of the project, including.the continued fund raising to satisfy all financial responsibilities. Motion x Motion was made to grant the request and appro- priate the $13,000 from the Reserve Fund for Cul- ture and Arts, with the understanding that this a temporary loan. During course of discussion, Council Member Hummel suggested that the City enter into a contract obligating the John Wayne Sculpture Committee, inasmuch as he felt they were responsible for payment to the artist. It was pointed out that the John Wayne Sculpture Committee had "sunsetted, "'and therefore, was no longer in existence. Following discussion, Council Member Maurer withdrew his motion to approve the request. Motion x Council Member Strauss made a substiture All Ayes motion to appropriate the sum of $13,000 from the Reserve Fund for Culture and Arts, to accommodate the completion of the John Wayne • Sculpture, with the understanding that this was a temporary loan, and that a contract shall be entered into with the Junior Chamber of Commerce for the obligation of said loan, and further, that the John Wayne Sculpture shall not be located within City Hall. 4. Report from the Planning Department regarding the LCP /LUP LAND USE PLAN OF THE LOCAL COASTAL PROGRAM as (67) conditionally certified by the Coastal Commission, was presented. Motion x Motion was made to schedule a public hearing on the above item for January 25, 1982. Motion x Substitute motion was made to schedule the public All Ayes hearing for February 22, 1982. carried. 5. Proposed RESOLUTION EXTENDING THE TERM OF THE O/C Arpt ORANGE COUNTY AIRPORT AVIATION COMMITTEE TO DECEM- Aviation BER 31, 1982, was presented. Comte (24) Motion x Adopted Resolution No. 82 -8 and appointed Clarence Resolution All Ayes Turner as a citizen representing a homeowners 82 -8 association located in the impact area with Sue Simpson as Alternate, and appointed Vincent Jorgensen as a citizen representing the Airport Action Association with Jean Wegener as Alternate. Volume 36 - Page 21 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES tis s�A ROI I rAl I i G�� .fl January 11, 1982 Mayor Heather stated that other members of the committee are: Dennis O'Neil, volunteer attorney, City Manager, City Attorney, Council Member Strauss as Chairman, and Council Member Hummel. • K. ADDITIONAL BUSINESS: None. L. Adjourned at 12:45 a.m., January 12, 1982. /IAayol(-/ ATTEST: e City Clerk Volume 36 - Page 22