HomeMy WebLinkAbout07/26/1982 - Regular MeetingC UNCIL ME 8 RS
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9 �
ROLL rA l Sn -D
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: July 26, 1982
MINUTES
nrrarJ
Permaplaqued Certificates of Appreciation were presented
to outgoing City Arts Commissioners Madeline Rose and
A. Z. Taft.
.. ent
x
x
x'
x
x
x
x
A. ROLL CALL.
Motion
x
B. The reading of the Minutes of the Meeting of July
All Ayes
12, 1982, was waived, approved as written and
ordered filed.
Motion
x
C. The reading of all ordinances and resolutions under
All Ayes
consideration was waived, and the City Clerk was
directed to read by titles only.
D. HEARINGS:
1. Mayor Heather opened the continued public hearing
U/P 2080
and City Council review of action by the Planning
"Fun Zone"
Commission on June 10, 1982, to approve a TRAFFIC
(88)
STUDY, USE PERMIT NO. 2080, VARIANCE NO. 1092 AND
RESUBDIVISION NO. 724, applications of J.B.S.
DEVELOPMENT, CLAREMONT, which would allow the
construction of a retail commercial /office struc-
ture and related parking areas on the "FUN ZONE"
site which is bounded by Palm Street, East Bay
Avenue, Washington Street, and Edgewater Place on
Newport Bay in the Central Balboa area; zoned C -1.
Report from the Planning Department, was presented.
Supplemental report from the City Attorney, was
presented.
Letters from Mr. and Mrs. George H. Coffin, III,
and S.P.O.N., regarding proposed redevelopment of
the Balboa "Fun Zone," were presented.
The following persons addressed the Council:
Ms. Coralee Gapastione, Urban Strategy, repre-
senting project applicant, stated that the
proposed development is in conformance with
the City's General Plan, the Local Coastal
Plan and meets all zoning requirements. She
stated that the project has received an over-
whelming favorable response from community
associations, as well as residents. The pro-
ject has been studied and analyzed for over
one year and she felt the proposal would en-
hance the "Fun Zone" site. She stated that
the applicant has agreed to meet the 137
conditions of approval, as recommended by the
Planning Commission.
In response to Council inquiry, the dewatering
process was reviewed by engineering consul-
tants Ross Cash and Robert Bush.
i
Volume 36 - Page 225
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With respect to construction noise, it was
"Fun Zone"
noted that electric motor driven pumps would
be used for the dewatering process, which is a
relatively quiet -type of machinery. Vibratory
hammers would be used rather than impact
hammers in order to keep the noise level down,
and excavation would be within the site and
not outside the area.
John Butler, 91,2 W. Balboa Boulevard, stated
he was opposed to the project because of the
proposed density and height of structure.
Clint Moses, 1715 Plaza Del Sur, stated that
he has resided in the City for over 30 years,
and that the "Fun Zone" was not as it used to
be. He felt the proposed development would
retain some of the nostalgia connected with
the "Fun Zone" and urged its approval.
Robert Brown, 511 E. Balboa Boulevard, spoke
in favor of the development, stating that he
lives approximately five blocks from the pro-
posed project and felt the area needed "clean-
ing up."
Robert Yant, 308 Alvarado Place, stated he was
in support of the project; however, he felt
the structure should be one - story, and that
additional open space should be provided on
the first level.
•
Chuck Rubsamen, 1208 S. Bay Front, Balboa
Island, stated he felt the project would
improve the "quality of life" in the area and
urged its support.
Susie Picker, 110 Ninth Street, stated she
felt the project would increase population,
thereby creating additional traffic. She also
urged that the dewatering process be investi-
gated further with the Corps of Engineers, as
well as the Department of Interior or she felt
the City would be facing another "601 dewater-
ing disaster," as experienced 10 years ago.
She felt that the project does not meet the
needs of the Peninsula, and stated the Central
Newport Beach Community Association Board of
Directors was also opposed to the project.
Council Member ;Hummel stated it was his under-
standing that the Central Newport Beach Com-
munity Association was only opposed to the
height limit of the proposed structure and
asked Ms. Picker to comment.
Ms. Ficker stated that that was an "ambigu-
ity," and their association was opposed to the
entire project.
•
Volume 36 - Page 226
CITY OF NEWPORT BEACH
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R01 I rAI I �n July 26. 1982
In response to Council inquiry regarding the
"Fun Zone"
"601 dewatering disaster," the City Manager
advised that during the dewatering process,
•
numerous complaints were received with respect
to odor and noise. He did feel, however, that
the "state of the a'r't" had improved, and the
problem would not be as great due to condi-
tions imposed by the Planning Commission.
Dr. Stanford Green, 351 Hospital Road, stated
that the applicant has met all City regula-
tions and requirements, and therefore, the
request should be honored.
Irene Gardner, 320 Alvarado Place, Member of
the Central Newport Beach Community Associa-
tion Board of Directors, stated that their
board had endorsed the project, and only
questioned the height limit.
Dorothy Hardcastle, 507 "J" Street, stated she
felt the development would be a great asset
to the City, and that views would not be
blocked by the structure.
Bill Bolay, 1008 W. Balboa Boulevard, ques-
tioned whether approval of the project would
set a precedent on the type and size of
structure that would be constructed on the
Balboa Hotel property.
•
The Planning Director replied that in order to
exceed the height limit, an applicant would
have to demonstrate that they meet the criter-
ia set forth in the Zoning Code. Each appli-
cation is weighed on its own merit.
Cynthia Doe, resident of Huntington Beach,
stated she was primarily concerned with the
environmental aspects of the project, and
felt that the soils and subsidence had not
been addressed in the EIR. She stated she was
in support of the project, but did not feel it
was adequately planned.
Motion
x
Due to the number of people in attendance from the
All Ayes
De Anza Mobile Home Park, motion was made to hold
open the hearing on the "Fun Zone" and to consider
Agenda Item D -2 at this time.
2. Mayor Heather opened the public hearing regarding
Ord 82 -15
Ordinance No. 82 -15, being,
P- C /MHPrk
PCA 574
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
(94)
AMENDING A PORTION OF DISTRICTING MAP N0. 65
FROM THE P -C DISTRICT TO THE P -C /MHP DISTRICT,
Volume 36 - Page 227
CITY OF NEWPORT BEACH
C�cUNCIL ME B RS
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ROLL CALL
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Planning Commission Amendment No. 574, a request
MHPrk'Zong
initiated by the City of Newport Beach to amend a
portion of Districting Map No. 65 from the P -C
•
District to the P -C /MHP District; being that
portion of the Irvine Subdivision more commonly
known as the De Anza Mobile Home Park, which is
generally bounded by Newport Bay on the north and
west, Newport Dunes on the east,'and East Coast
Highway on the south.
Report from the Planning Department, was presented.
The City Clerk advised that after the printing of
the agenda, a letter had been received from Thomas
Peckenpaugh, Attorney, representing the De Anza
Corporation.
In response to Council inquiry, the Planning Di-
rector reported that if the Mobile Home Park
Overlay Zone is approved, it would provide for the
continuation of the existing Mobile Home Park and
would also provide for the redevelopment of the
site as a Mobile Home Park, allowing mobile home
parks, mobile home spaces, and those types of uses
permitted under the overlay zone. The property is
currently zoned planned - community. There has been
no planned - community plan prepared for the property
by the City or the property owner. The intent of
the Mobile Home Park Overlay Zone would be to
preserve the existing Mobile Home Park until such
time as the overlay is removed, and a planned-
community plan is developed in accordance with the
Land Use Plan and the General Plan.
It was pointed out in the staff report that the
mobile home park is operated by the De Anza Corpo-
ration of Los Angeles under a lease agreement with
The Irvine Company, which extends to September 30,
2013. The current lease agreement restricts the
use of the property to a mobile home park.
Dick Hogan, representing the owners of the De Anza
Mobile Home Park, 436 Vista Puerta, stated that the
ordinance, as proposed, was not really creating
an essential difference from what already exists,
in his opinion. He stated that the owner has not
prepared any plan for the development of the
property and there is no intent to prepare any
plans in the future.
Mr. Hogan stated they would like to know if the
City Council has any idea when De Anza could
expect to be heard, in a reasonable way, where a
plan could be considered with an open mind. Accord-
ing to the proposed ordinance, they would be able
to come in with a plan for a revision of the exist-
ing park which would provide for modern coaches,
larger coaches, improvements to the utility system,
etc., because it is an accepted use.
•
— Volume 36 - Page 228
CITY OF NEWPORT BEACH
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ROLL CALL `nJ+ July 26, 1982 INDEX
— as LLVL. LH=
Volume 36 - Page 229
The City Manager stated that the proposal under
KHPrk Zong
•
consideration would only establish a zone on a
parcel of property, that zone being consistent with
a current land use, and consistent with the Land
Use Plan, Housing Element, and General Plan. It
does not preclude the developer or lessee to come
forward with a plan for consideration by the Coun-
cil. If the City Council believes that the re-
development plan is good and the highest and best
use for the land, then the zone could be changed
back.
In response to Council inquiry regarding affordable
housing, the City Attorney advised that the ordi-
nance, in part, contains a provision to maintain a
certain type of housing stock in the City.
Mrs. Dan Hian, resident, De Anza Mobile Home Park,
stated that she could not understand why the
De Anza Corporation sent out a full disclosure
letter to the effect that the residents would not
be involved in a lease after 1985, if no plans for
future development have been made.
Tom Pekenpaugh, representing the owners of De Anza
Mobile Home Park, summarized their concerns as set
forth in his letter of July 21, 1982. He indicated
he felt the ordinance was improper, and an unnec-
essary burden on the landowner and their client.
He stated that there was no valid reason for apply-
ing the Mobile Home Park Zone to the property, and
that application of the Mobile Home Park Overlay
Zone will not preserve or protect low, or moderate
income housing opportunities. He also indicated
that the application of the Mobile Home Park Zone
to the De Anza park does not comply with the pro-
visions of the California Environmental Quality
Act.
In response to Council inquiry with respect to
other mobile home parks which could be rezoned to
the P -C /MHP District, the Planning Director advised
that the tenants of the Marina Mobile Home Park
have made application which will be considered by
the Planning Commission in August. In addition,
the area formerly known as the County Triangle
could be considered. There also may be others
where the overlay could apply.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Motion was made to adopt Ordinance No. 82 -15,
amending a portion of Districting Map No. 65 from
the Planned - Community District to the Planned -
Community /Mobile Home Park District.
Council Member Cox indicated that he was not sup-
portive of the motion, and stated it was not
because he does not support mobile housing in the
•
subject area, but he felt the De Anza residents
were being misrepresented, and that there was noth-
ing that was going to change their lease when it
comes due in 1985. He also felt that if low -cost
housing is what the City is looking for, mobile
home.. a..Ue 4., -�� L.>__
home
— as LLVL. LH=
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CITY OF NEWPORT BEACH
C UN ME B RS MINUTES
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Council Member Strauss stated he felt it was
important that the City retain and encourage the
kind of housing that is at locations of mobile
•
home parks, specifically De Anza and Marina,
inasmuch as the City is constantly being accused
of being full of "high- priced" people with no
reasonably- priced housing. He does not want the
City to do anything to "weaken" the housing which
already exists.
Council Member Plummer stated she wished to quali-
fy her reasons for supporting the ordinance. She
stated that the ordinance does not preclude De
Anza from submitting a planned - community develop-
ment plan. However, the ordinance is a method of
making sure that a plan is submitted, because
without the benefit of an overlay, it would be
easy for De Anza to phase out mobile homes and
proceed with a segmented plan for the area. She
felt the ordinance gives the residents a temporary
protection against relocation, and that the City
was preserving a variety of housing opportunities
by enactment of the ordinance.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
1. Agenda Item D-1, continued public hearing on the
U/P 2080
proposed "Fun Zone" project was resumed at this
"Fun Zone"
time.
(88)
Chuck Marx, 4126 Patrice Road, spoke in support of
•
the project. He felt the "Fun Zone" was an "eye-
sore," and that the proposed development would add
"class" to the Peninsula and bring a better type
of tourism to the area.
John Demos, 1037 W. Balboa Boulevard, stated that
he has four children, who he does not allow to
visit the "Fun Zone" as it exists. He felt the
proposed project would beautify the area and urged
approval.
Betsy McKenzie, 109 Onyx Avenue, Member of the
Balboa Island Improvement Association, stated that
their Board was very much in favor of the pro-
posed development, and felt it would compliment
the Pavilion and enhance the Bay Area.
Thomas Tride, 1248 W. Balboa Boulevard, stated he
was in support of the project; however, he thought
it should be reduced by one story. He also
expressed concern regarding pedestrian traffic.
Bud Bordier, 1008 W. Ocean Front, stated he felt
the proposed development would improve and
beautify the area, and is very much needed.
Bill Raphel, 1015 W. Balboa Boulevard, spoke in
•
favor of the project. He also felt that the
dewatering process would not be a problem from
his experiences.
Volume 36 - Page 230
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Allan Beek, 2007 Highland Avenue, stated that the
"Fun Zone"
•
Central Balboa area has been designated for a
Specific Area Plan, but which has not been done.
He indicated he did not feel the Council should
consider such a project without the benefit of
said plan. He discussed the preliminary results
of the survey he conducted with respect to the
project. He stated that if the Council approves
the proposal, they would be destroying the chances
to develop a Specific Area Plan for Central Balboa
area, which would guide its development, and which
would be acceptable to those who live there.
Gay (? last name not audible), 415 Bluemont,
quiered the staff with respect to Mr. Beek's re-
marks regarding the Specific Area Plan, to which
the Planning Director responded. She also spoke
in favor of the project.
Mary Grant, 119 Apolena, expressed her enthusiasm
over the proposed development and urged its
approval.
George Jenkins, 92 Balboa Coves, spoke in favor of
the project indicating he did not feel three
stories was too high.
Susan Dowel, 318 Lindo Avenue, stated she felt the
project was a little too large, and would create
a wind shadow on the Bay. She also felt there
was too much parking, and that consideration
should be given to alternate forms of transporta-
•
tion.
Jim Brown, 511 W. Balboa Boulevard, stated that
her view will probably be blocked if the project
is approved; however, she felt it would improve
the area and had no objection.
Thomas Corkett, 1032 W. Ocean Front, stated that
he felt this project was long overdue, and in
response to Council Member Maurer, he stated the
wind shadow referred to by Ms. Dowel would not
hinder sailing in any way, inasmuch as the prevail-
ing wind comes from the southwest to west.
Hearing no others wishing to address the Council,
the public hearing was closed.
Donald Corbin, representing the applicant J.B.S.
Development, in response to some previous state-
ments, advised that the parking structure, when
not in use, will not be an eyesore from a public
standpoint. Regarding the height limit, their
proposal did not require a variance for the height
limit as was thought by some who spoke. Pertain-
ing to the setback of.the third floor, it will
not be in the same line as the two lower floors.
In addition, there will be a great deal of open
•
space in the pedestrian promenade.
Volume 36 - Page 231
CITY OF NEWPORT BEACH
C UNCtL ME B RS MINUTES
;m I rill Je July 26. 1982 ,,...
Coralee Gapastione, Urban Strategy, stated that
"Fun Zone"
there will be a restaurant -cafe on the ground
floor which will face the harbor and be a "fun -
•
type" place for children to visit.
Motion
x
Motion was made to defer action on this item for
two weeks and direct: the staff to analyze the
feasibility of reducing the size of the proposed
structure, as well as reviewing the bonding and
insurance requirements in order that all involved
will be protected, including adjacent property
owners.
Motion
x
Council Member Plummer stated that she could not
support the motion and did not wish to delay this
item any further. However, she did feel Condition
No. 109 should be amended and an additional con-
dition be imposed, and therefore, presented the
following wording for consideration in the form of
a substitute motion:
109. Prior to the issuance of any grading
building and /or demolition permit the appli-
cant shall deposit a sum of $27,000 to study
the Central Balboa Area Circulation System.
The study shall include a comprehensive
review and consideration of the provision of
a shuttle /tram service for this area and the
remainder of the Peninsula. Prior to the
occupancy of any portion of the project the
applicant shall agree to pay his "fair share"
of all costs as determined by the Study and
•
the City for the implementation of the
shuttle /tram service.
112. The applicant shall modify his proposed
site plan so as to eliminate the lower level
of parking. The existing 12 foot wide pedes-
trian easement located along the bay side
of the property may be used below existing
grade for parking. Further, the applicant
shall enter into an agreement approved by
the Public Works Department, Planning Depart-
ment and City Attorney's office that main-
tains all existing City rights related to,
the easement area and provides for the
applicant to accept responsibility for any
costs.
Mayor Pro Tem Hart requested the Council vote on
the matter of postponing this item first, and
then consider the motion to amend the conditions
of approval as suggested by Council Member Plummer
In view of the foregoing, Council Member Plummer
withdrew her substitute motion.
Ayes
x
x
x
The motion on the floor was voted on and FAILED.
Noes
x
N
x
x
n
x
Council Member Plummer made her motion again with
respect to Conditions 109 and 112 as set forth
in the foregoing.
Volume 36 - Page 232
CITY OF NEWPORT BEACH
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ROLL. CALI i �n �D July 26. 1982 �unry
Jim Salter, the developer, stated that he would
"Fun Zone"
favor a tram system and provide some "seed" money
towards analyzing a system. However, he would
•
question whether or not the jump from $7,000 to
$27,000 to study a shuttle system was reasonable.
He did not feel he could address the second part
of Condition No. 109 regarding his "fair share."
With respect to Condition No. 112, he feels he
needs the requested parking in order for the pro-
ject to be successful.
Following discussion, it was agreed to take straw
votes on the following to:
Motion
x
Ayes
x
x
x
x
x
x
Amend Condition No. 109 to reflect that the appli-
Abstain
x
cant shall deposit $15,000 for a feasibility study
of a tram shuttle. The applicant shall also agree
to participate in the implementation of a tram
shuttle system, should it occur, on a pro rata
basis, based on square footage equal to other
merchants in the area.
Motion
x
Ayes
x
x
x
Add Condition No. 112 as suggested by Council
Noes
x
x
x
x
Member Plummer, and set forth in the foregoing,
which FAILED.
Motion
x
Ayes
x
x
x
x
Add staff's recommendation regarding Condition No.
Noes
x
x
x
97 to the effect that "the Ferris Wheel shall be
located on site and not inside of the area from
the U.S. Bulkhead Line to a line established by
the existing buildings on the site."
•
Don Corbin, representing the applicant, stated
that relocating the Ferris Wheel as suggested,
would create serious problems, and would mean
setting the building back further on the property.
Mr. Salter, the developer, stated that it would
be "absolutely impossible" to put the Ferris Wheel
inside the building line, and in his opinion,
made "no sense at all."
Motion
x
Ayes
x
x
x
x
x
In view of the foregoing comments, motion was made
Noes
x
to reconsider the previous motion.
Abstain
x
Motion
x
Motion was made again to reinstate Condition No.
Ayes
x
x
k
97 adding staff's recommendation that "the Ferris
Noes
x
x
x
x
Wheel shall be located on site and not inside of
the area from the U.S. Bulkhead Line to a line
established by the existing buildings on the site;
which motion FAILED.
Motion
x
Motion was made to amend Condition No. 91 adding
Ayes
x
x
staff's recommendation that "no outlining of the
Noes
x
x
x
x
x
proposed structure or other similar lighting that
would detract from the visual appearance of the
Pavilion shall be permitted with the exception
of the Ferris Wheel, which shall be lighting in a
manner consistent with that of the Pavilion,"
•
which motion FAILED.
Volume 36 - Page 233
CITY OF NEWPORT BEACH
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Motion
x
Motion was made to sustain the recommendation of
the Planning Commission; recertify the Environ-
mental Impact Report to include any additional
information presented to the City Council; and
make the additional Findings indicated in the
staff report; and further, said motion to include
Condition of Approval No. 109, as amended in the
foregoing.
Allan Beek, 2007 Highland Avenue, addressed the
Council and stated: "You cannot legally vote on
this issue because you do not have an Environ-
mental Impact Report before you, which conforms to
the California Environmental Quality Act, details
of which are in the Planning Commission minutes."
Ayes
x
x
x
x
x
The motion was voted on and carried.
Noes
x
Abstain
x
3. Mayor Heather opened the public hearing regarding:
Ordinance No. 82 -16, being,
Ord 82 -16
Towg Chrgs
AN ORDINANCE OF THE CITY OF NEWPORT
(70)
BEACH AMENDING TITLE 5, CHAPTER 12,
SECTION 170 (F) OF THE NEWPORT BEACH
MUNICIPAL CODE CONCERNING INCREASE IN
IMPOUND FEES REGARDING TOWING CHARGES,
AND
•
Ordinance No. 82 -17, being,
Ord 82 -17
Towg /BusHrs
AN ORDINANCE OF THE CITY OF NEWPORT
(70)
BEACH AMENDING TITLE 5, CHAPTER 15,
SECTION 110 (C) OF THE NEWPORT BEACH
MUNICIPAL CODE CONCERNING CHANGE IN
BUSINESS HOURS REGARDING CITY TOWING
FIRM,
AND
Adopting resolutions approving increases in
Towg Rate/
rates for existing official police and
Increase
private tow services and several new rates
(70)
submitted by Harbor Towing and G & W Towing.
Report from the City Manager, was presented.
Thom Gall, Manager of Harbor Towing, and Wayne
Miller, Manager of G & W Towing, addressed the
Council and requested that the Council approve the
proposed increase in towing rates, as set forth in
their letters, rather than the modified rate
increases as suggested by the City's Police Depart
ment. They indicated there were discrepancies
between the towing rates of Costa Mesa and Newport
Beach, which they felt should be brought more in
line, and therefore, were proposing the same rates
•
to the City of Costa Mesa.
Volume 36 - Page 234
CITY OF NEWPORT BEACH
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ROLL CALL �n �D July 26. 1982 unry
Motion
x
Motion was made to adopt Resolution No. 82 -110,
Res 82 -110
Ayes
x
x
x
x
x
x
approving modified rate increases as suggested by
Towg Rate/
x
the Police Department; adopt Ordinance No. 82 -16,
Increase
approving proposed amendment to Title 5, Chapter
12, Section 170 (F) of the Newport Beach Municipal
Code concerning increase in impound fees regarding
towing charges; and adopt Ordinance No. 82 -17
approving proposed amendment to Title 5, Chapter
15, Section 110 (C) of the Newport Beach Municipal
Code concerning change in business hours regarding
City Towing Firm.
4. Mayor Heather opened the public hearing regarding
Weed Abatm
REPORT AND ASSESSMENTS FOR ABATEMENT OF WEEDS AND
(41)
OTHER NUISANCES.
Memorandum from the Fire Chief, was presented.
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made to adopt Resolution No. 82 -111 con -
Res 82 -111
All Ayes
firming the report of the Fire Chief concerning,the
cost of the Abatement of Weeds and other Nuisances
and requesting the Auditor- Controller of Orange
County to enter the amount of each assessment re-
ferred to in said report on the County Tax Roll.
5. Mayor Heather opened the public hearing regarding
Bldg /Palm St
ABATEMENT OF NUISANCE OF THE PALM STREET HOTEL
Hotel Nuisnc
located at 305 -11 Palm Street, Newport Beach.
(26)
Memorandum from Code Enforcement Officer, was
presented.
•
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made to find that building located at
All Ayes
305 -11 Palm Street is a public nuisance and should
.
be demolished.
E. PUBLIC COMMENTS: - None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated, except
All Ayes
for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to second read-
Ord 82 -13
ing and adoption on August 9, 1982:
Video Game/
Zoning
(a) Ordinance No. 82 -13, being,
(94)
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING TITLES 5 AND 20 OF THE NEWPORT
BEACH MUNICIPAL CODE TO REGULATE ELEC-
TRONIC VIDEO GAME MACHINES,
Planning Commission Amendment No. 572, a
PCA 572
request initiated by the City of Newport Beach
to consider amendments to Title 5 and Title 20
•
of the Newport Beach Municipal Code establish-
ing regulations pertaining to the operation
and location of electronic video game machines
in the City of Newport Beach. (Report from the
Planning Department)
Volume 36 - Page 235
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ROLL CALL `n0+ �i July 26, 1982 INDEX
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 82 -112 authorizing the Mayor
Utility Esm/
•
and City Clerk to execute a Grant of Easement
SoCaEdison
to Southern California Edison for an Under-
Res 82 -112
ground Line and Transformer at the Corporation
(89)
Yard. (Report from Public Works Department)
(b) Removed from the Consent Calendar.
(c) Resolution No. 82 -114 establishing an Alarm
Revenue Measr
Connection Fee. (Report from the City Manager
Alarm Fee(40)
Res 82 -114
(d) Resolution No. 82 -115 Calling and Giving
Notice /Spcl
Notice of a Special Municipal Election for
Election
submission to the qualified electors a resolu-
Res 82 -115
tion relating to an Aquatic Center at North
(39)
Star Beach. (Report from Tidelands Affairs
Committee, and City Attorney)
(e) Removed from the Consent Calendar.'
(f) Removed from the Consent Calendar.
3. CONTRACTS /AGREEMENTS - For approval:
(a) Approve License Agreement for nonstandard
LAgm /HomeFed
street improvements in the public right -of -way
U/P 1924(A)
with Home Federal Savings & Loan; authorize
C -2205
the Mayor and City Clerk to execute said
(38)
agreement; and direct City Clerk to have the
agreement recorded with the Orange County
•
Recorder. (Report from Public Works Depart-
ment - Use Permit 1924 (Amended))
(b) Approve a Land Use Agreement for nonstandard
LU /Agm Tr6738
improvements within an easement for sewer and
C -2347
storm drain purposes; authorize the Mayor and
(38)
City Clerk to execute said agreement; and
direct the City Clerk to have the agreement
recorded with the Orange County Recorder.
(Report from the Public Works Department - Lot
61, Tract 6738 located at ill Inverness Lane in
Big Canyon)
(c) Authorize Mayor and City Clerk to execute
Misc Cncrt/
Repayment Agreements with additional owners of
Cnstrctn
private property in Newport Heights. (Report
Npt Heights
from Public Works Department - Miscellaneous
C -2348
Concrete Construction Contract 2327)
(38)
(d) Removed from the Consent Calendar.
4. COMMUNICATIONS - For referral as indicated:
(a) To the Parks, Beaches and Recreation Commis-
PB &R /Mouth
sion for inclusion in the records, letter from
Big Canyon
The Irvine Company regarding Mouth of Big
(62)
Canyon.
•
Volume 36 - Page 236
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
9 G
R01 1 CAI I n� �D July 26. 1982 i ncv
(b) To the Traffic Engineer for inclusion in the
Traffic
records, letter. from Corona del Mar Chamber of
(85)
Commerce President, James Wood, regarding
their ex- officio representative replacement
for Mrs. Masters on the Transportation Plan-
ning Citizens Advisory Committee.
(c) To the Police Chief for reply, letter from G.
Police Dpt
A. Dugard, regarding a recent incident involy-
(70)
ing a member of his family.
(d)' Removed from the Consent Calendar.
(e) Removed from the Consent Calendar.
(f) To Business License for response, request from
BusLic /Rtl
Thomas Petty and Charlotte Scott - Russell to
Selg on Bch
allow retail selling of limited food and
(27)
beverages on the beaches.
(g) To the Police Department for inclusion in the
PD /Anml Cntrl
records, letter from Corona del Mar Chamber of
(70)
Commerce President regarding the City's leash
law enforcement.
(h) To staff for inclusion in the records, letter
DiSano /Bed Tx
from Mr. and Mrs. John E. Albertson, Corona
(39)
del Mar, regarding G. DiSano's suggestions and
the "Bed Tax" measure.
(i) To staff for report back, letter from County
0/C Rfs Dspsl
•
of Orange concerning Refuse Disposal Fees.
Fees (54/44)
(j) To Traffic Affairs Committee, letter from
TAC /DMV Regs
Newport Crest Community Association regarding
(85)
Waiving Municipal Code for DMV Regulations.
(k) To Public Works for report back, proposal by a
PW /NptChnlBrdE
citizens committee of residents in Balboa
(74)
Coves for support of modification of Newport
Boulevard Channel Bridge.
5. COMMUNICATIONS - For referral to the City Clerk for
inclusion in the records:
(a) Minutes of Preliminary Agenda for July 28,
1982 - Local Agency Formation Commission of
Orange County.
(b) Application No. 82 -07 -10 of the Southern
California Edison Company before the Public
Utilities Commission for authority to maintain
its presently effective energy cost adjust-
ment billing factors and Catalina Energy Cost
Balance Adjustment Billing Factor.
(c) Southern California Edison Company application
before the California Public Utilities Com-
mission for authorization to include purchase
gas costs relating to Pitas Pt. Offshore
•
- -- Project in the GPA procedures.
Volume 36 - Page 237
C
•
•
r �J
J
CITY OF NEWPORT BEACH
MINUTES
July 26, 1982
6. CLAIMS FOR DAMAGES - For denial and confirmation of
the City Clerk's referral to the claims adjuster:
(a) Michelle Wilson Buratti for personal injuries
sustained as a result of alleged negligent
maintenance around Kona Marine (3400 Via
Oporto) on April 14, 1982.
(b) Vincent Lee Buratti for personal injuries sus-
tained as a result of alleged negligent main-
tenance around Kona Marine (3400 Via Oporto)
on April 14, 1982.
(c) Ada Ruth Craven for personal injuries alleged-
ly resulting from broken sidewalk between 431
and 433 Begonia, Street on June 19, 1982.
(d) Ella E. Fosse for personal injuries allegedly
resulting from fall on sprinkler head in
median strip.
(e) Tommy Harold for alleged personal injuries and
property damage as a result of arrest by
police officers.
(f) David Keith Cowling for alleged personal
injuries and property damage as a result of
arrest by police officers.
(g) Marjorie Lindamood for property damage alleg-
edly sustained when refuse truck struck right
save of house at 621 W. Bay Avenue, on July 6,
1982.
For rejection - Not timely filed:
(h) Ed 0. Ulrich for property damage alleging City
utility truck ran into side of his diesel
truck on Jamboree Road on April 2, 1982.
7. SUMMONS AND COMPLAINTS: None.
8. REQUEST TO FILL PERSONNEL VACANCIES - For approval:
(Report from the City Manager)
(a) One Assistant Planner, Planning Department.
(b) One Laborer, General Services Department.
(c) One Police Sergeant, Police Department.
(d) One Utilities Serviceworker, Utilities Depart-
ment.
9. STAFF AND COMMISSION REPORTS:
For Council information and approval:
(a) Removed from the Consent Calendar.
Volume 36 - Page 238
(36)
1(66)
, M
, V
CITY OF NEWPORT REACH
C \�k ME B RS MINUTES
Finl I ri T„7.. 96 1OR9 un
(b) Updated report from Parks, Beaches and Recrea-
Arts Cmsn/
tion regarding ARTS COMMISSION FALL CONCERT.
Fall Concert
(62)
•
(c) Proposed CITY COUNCIL POLICY M -6, "SOLID WASTE
Cncl Policy/
MANAGEMENT AND RESOURCE RECOVERY."
Waste Mgm(69)
For Council information and filing:
(d) Memorandum regarding ELECTION OF OFFICERS FOR
Boards /Comsns
THE FISCAL YEAR. 1982/83 FOR THE FOLLOWING
FY'82/83
BOARDS AND COMMISSIONS:
Ofcrs(24)
1) Planning Commission;
2) Civil Service Board;
3) Arts Commission; and
4) Board of Library Trustees.
(e) Memorandum from the City Clerk regarding
General Elec/
ELECTION CALENDAR FOR NOVEMBER 2, 1982,
Calendar(39)
GENERAL ELECTION.
10. PUBLIC HEARING SCHEDULING: Nolte.
11. ACCEPTANCE OF PUBLIC IMPROVEMENTS - CORPORATE PLAZA
Resub 465
RESUBDIVISION NO. 465 - Accept the on -site public
(84)
improvements constructed in conjunction with Resub-
division 465, Phase I; approve a Subdivision Exten-
sion Agreement (to February 16, 1985) for
Resubdivision 465, Phase II, and authorize the
Mayor and the City Clerk to execute said extension
agreement; authorize the City Clerk to accept the
Faithful Performance Bond Rider and the Labor and
•
Materials Bond Rider (No. 2620989) to reduce the
existing bonds to the sum of $30,000 for Resub-
division 465, Phase II, on -site improvements;
approve a Subdivision Extension Agreement (to May
31, 1984) for the construction of portions of
Avocado Avenue; authorize the City Clerk to accept
the new Faithful Performance Bond and Labor and
Materials Bond (Bond & Rider No. 52407619) to
increase the bond amounts to the sum of $132,000 to
cover the cost of the Avocado Avenue improvements,
and release the existing bonds (Bond No. 2620990);
and authorize the City Clerk to accept the new
Faithful Performance and Labor and Material Bonds
(Bond No. 52407618) for construction of East Coast
Highway improvements which are to be substituted
for the existing bonds (Bond No. 2620991).
(Report from Public Works Department)
12. APPROVAL OF APPLICATION OF EUGENE AND SUSAN SPIRI-
Spiritus /Apl
TUS TO CONSTRUCT STAIRS IN THE PARKWAY AT 522 NORTH
Site P1nRv28
NEWPORT BOULEVARD ON THE 15TH STREET FRONTAGE (SITE
(84)
PLAN REVIEW 28) - Subject to the Applicant's
signing a License Agreement for nonstandard im-
provements. (Report from the Public Works Depart-
ment)
13. Removed from the Consent Calendar.
•
Volume '16 - Page 239
C
Motion
All Ayes
Motion
Ayes
Motion
All Ayes
Motion
Ayes
Noes
CITY OF NEWPORT BEACH
L MEMBERS MINUTES
y 'P .o
yy9G
Jay 'A July 26, 1982
x
x
x
14. CONCUR IN STAFF'S APPROVAL OF HARBOR PERMIT APPLI- Harbor Perm
CATION #171 -945 BY J.E.T. RUTTER - To revise the Apli /Rutter
residential float at 941 Via Lido Nord, Lido (51)
Island. (Report from Marine Department)
15. BUDGET AMENDMENTS - For approval:
BA -002, $16,025.00 Increase in Budget Appropria-
tions for additional funds for Communications
Center; Communications Center - Police Facility
Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from General Services Department requesting
approval to extend Contract No. 1644 with Garden
State Paper Company for recycling of used news-
paper, was presented.
Motion was made to approve the extension of
Contract No. 1644, but that the staff be directed
to review the possibility of including aluminum
cans in the recycling effort.
2. Proposed resolution authorizing the Personnel Direc
for to make application regarding the Disability
Retirement of Local Miscellaneous Employees of the
City of Newport Beach, with a report from the Per-
sonnel Department, were presented.
Motion was made to adopt Resolution No. 82 -113,
with the last paragraph amended to read:
"NOW, THEREFORE„ BE IT RESOLVED that the City
Council of the City of Newport Beach does
hereby designate to the incumbent in the
office of Personnel Director, the authority
to make applications for retirement for miscel
laneous members where there is evidence that
such employees may be disabled."
3. A letter from Paul Kennedy Reed, regarding nuisance
in the 600 block of Irvine Avenue across from the
high school, was presented.
Motion was made to direct the Code Enforcement
Officer, Building, Fire and Police Departments to
investigate said nuisance, and coordinate a reply
to Mr. Reed, with copy to City Council.
4. An application for ENCROACHMENT PERMIT FROM TEDDY
YIP AND BEVERLY CLARK AT 3631 OCEAN BOULEVARD,
CORONA DEL MAR, and report from the Parks, Beaches
and Recreation Director, were presented.
Motion was made to approve the permit, subject to
Condition Nos. 1 and 3, and modifying Condition
No. 2, requiring that: the existing asphalt public
pedestrian path shall be retained.
• V I I I I I I Volume 36 - Page 240
Newspaper
Rcyclg
C -1644
(38)
Personnel/
Disab Rtrmt
(66)
Res 82 -113
Bldg Dpt
(26)
Yip 6 Clark
Encrchm
(65)
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
s
RAI I rAl I On � .Tiny 26_ 1982 ulnaw
5. Letters from Ron Luther, 530 Kings Road, and
Plang /Kings
President of the Cliff Haven Community Association
Road Setbck
•'
regarding setback restrictions on the bluff side of
(68)
Kings Road, were presented.
Ron Luther, 530 Kings Road, addressed the Council
and stated that construction has begun on two
houses at 521 and 525 Kings Road, which he felt
were "real view blockers." He urged that Council
take action as soon as possible with respect to
their requests.
Motion
x
Motion was made to refer the subject two letters to
the Planning Commission for review and report back.
Carol Drew, 420 Kings Road, addressed the Council
and related an experience with respect to the
building of her home, and spoke in support of the
requests.
All Ayes
The motion was voted on and carried.
6. Report from the Planning Department regarding the
GPln Amnd/
INITIATION OF A GENERAL PLAN AMENDMENT to review
Housing Elmnt
and update the HOUSING ELEMENT, was presented.
(45)
It was recommended by the City Attorney that the
suggested action appearing in the staff report from
the Planning Department be amended to read as
follows:
"Instruct the staff to initiate proceedings,
•
including the noticing of a public hearing,
for the application for the use of community
development block grant (CDBG) funds."
Motion
x
Motion was made to approve the amended language, as
set forth in the foregoing.
Council Member Hummel stated for the record:
"I am going to oppose the motion because I am
dramatically dedicated against voting for any
block grant funds, which would have any
bearing on how the City handles its housing."
Ayes
x
x
x
x
x
The motion was voted on and carried.
Noes
x
Abstain
x
7. Proposed resolution requesting the Orange County
Election/
Board of Supervisors to Consolidate a Special
Spcl Cnsldtn
Municipal Election with the Statewide General
(39)
Election;
AND
8. Proposed resolution authorizing certain members of
Ballot Argumt
the City Council to file a Written Argument regard-
Aquatic Ctr/
ing Ballot Measure (North Star Beach Aquatic
(39)
Center), with report from the Tidelands Affairs
•
Committee and City Attorney, were presented.
Volume 36 - Page 241
CITY OF NEWPORT BEACH
C UNCIL ME B RS
tiG�� 5��� z
MINUTES
ROLL CALL
vg's
� July 26, 1982 INDEX
Motion
x
Following recommendations by the City Attorney and
Res 82 -116
All Ayes
Council Member Strauss, motion was made to adopt
Resolution No. 82 -1.16 requesting the Orange County
Board of Supervisors to Consolidate a Special Muni-
cipal Election with the Statewide General Election,
with the ballot language amended to read as
follows:
"Shall the City of Newport Beach be authorized
to lease, for twenty -five years its interest
in North Star Beach to allow a non - profit
corporation to construct, at no cost to the
City, an aquatic center for human - powered
craft and related activities that are support-
ive of the primary use ?"
AND
Adopt Resolution No. 82 -117 authorizing certain of
Res 82 -117
the City Council Members to file a Written Argument
regarding Ballot Measure (North Star Beach Aquatic
Center), changing the wording in Section 1 from
"against," to "in favor of."
H. ORDINANCES FOR ADOPTION:
1. Ordinance No. 82 -14, being,
Ord 82 -14
Time -Share
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
Prj /Zoning
AMENDING TITLE 20 OF THE NEWPORT BEACH MUNI-
(94)
CIPAL CODE PROHIBITING THE DEVELOPMENT OF
TIME -SHARE PROJECTS WITHIN THE CITY OF
•
NEWPORT BEACH,
Planning Commission. Amendment No. 573, a request
PCA 573
initiated by the City of Newport Beach to consider
amendments to Titles 3 and 20 of the Newport Beach
Municipal Code establishing regulations pertaining
to time -share developments in the City of Newport
Beach,
was presented for second reading.
Report from the Planning Department, was presented.
Supplemental report from the City Attorney, was
presented.
Motion
x
Motion was made to adopt Ordinance No. 82 -14.
Ayes
x
x
x
x
x
x
Abstain
x
1. CONTINUED BUSINESS:
1. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE:
EQ /CAC
(24)
Volume 36 - Page 242
•
CITY OF NEWPORT BEACH
C UNCIL ME B RS MINUTES
ROLL CALLS J+'p •P July 26, 1982 INOEX
Motion
x
Motion was made to confirm (District 2) Council
Ayes
Member Plummer's appointment of Robert Moody as a.
member of the Environmental Quality Citizens
Advisory Committee:, to fill the unexpired term of
David Goff, ending; December 31, 1982.
2. Report from the Assistant City Attorney regarding
Cncl Policy/
PROPOSED CITY COUNCIL POLICY N -4, "ADMINISTRATIVE
Low- Moderate
GUIDELINES FOR THE: IMPLEMENTATION OF THE PROVISIONS
Housing
OF STATE LAW RELATIVE TO LOW AND MODERATE INCOME
(69)
HOUSING WITHIN THE COASTAL ZONE," was presented.
Letter from The Irvine Company, was presented.
Dave Dmohowski of The Irvine Company, addressed
the Council, and referred to concerns expressed in
their letter of July 19. He stated they feel
there should be a provision,whereby in converted
apartment structures, that the long -term affordable
requirement could be dealt with through a lease-
hold provision. In addition, they would like a
clearer reference somewhere in the guidelines to
the General Plan, and the Housing Element in
particular, as it was felt to be the guiding
policy -type document.
Mr. Dmohowski also requested clarification as to
whether or not their interpretation was correct,
that the subject issue deals with low or moderate
income families both in the case of replacement
units and in the case of providing new housing,
and does not require a mandate in every case
•
dealing with low income.
The City Manager stated that the staff does concur
in The Irvine Company's suggestion regarding re-
placement units and would recommend that such
change be made in the guidelines. In addition,
staff agrees with the interpretation of The Irvine
Company with respect to low, or moderate income
housing.
Motion
x
Motion was made to amend page 9, paragraph 3, of
the guidelines to reflect that "replacement units
could be provided by giving existing tenants the
right to lease residential units on site that are
converted to condominium ownership. "; and
that page 11, section 1 be changed to add after
$750, "or $250 per each residential unit..."
Council Member Strauss stated that he was absent
on June 28, when the Council discussed this issue,
and indicated he disagreed with some of the state-
ments in the policy.
Following discussion, Mayor Pro Tem Hart withdrew
her motion.
Motion
x
Motion was made to continue this item to August 9,
Ayes
1982 to allow time for further study.
Volume 36 - Page 243
CITY OF NEWPORT BEACH
C UNCIL ME a RS MINUTES
yy s�,-o
v �`
�'' y� yy9G 9
Rni i cAi i sV .e July 26_ 1982
K. ADDITIONAL BUSINESS:
1. Stan Willford, 14 Balboa Coves, addressed the
Public Wrks/
Council regarding Agenda Item F -4(k), a proposal
Npt Bl -Chnl
to modify the Newport Boulevard Channel Bridge.
Brdg (74)
Motion
x
Motion was made to refer the proposal to staff for
All Ayes
report back at the August 23 study session.
The meeting was adjourned at 12:45 a.m.., July 27, 1982.
ayor
Attest:
City Clerk
•
Volume 36 - Page 244