HomeMy WebLinkAbout11/14/1983 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
REGULAR COUNCIL MEETING
\1?o °���y�``�PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: November 14, 1983
MINUTES
Present
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A. ROLL CALL.
Mo on
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B. The reading of the Minutes of the Meeting of
es
October 24, 1983, was waived, approved as
written, and ordered filed.
Motion
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C. The reading in full of all ordinances and
All Ayes
resolutions under consideration was waived,
and the City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Hart opened the public Hearing
Tract 907/
regarding TRANSFER OF OWNERSHIP OF
Undrgr Utl
UNDERGROUND UTILITIES SYSTEM IN TRACT 907,
(89)
LIDO ISLE.
Report from Public Works, was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 83 -115
All Ayes
83 -115 authorizing the Mayor and City Clerk
to execute an Agreement between the City and
Southern California Edison Company to
transfer ownership of the underground
utilities system in Tract 907, Lido Isle; and
adopt Resolution No. 83 -116 authorizing the
Res 83-116
Mayor and City Clerk to execute an Agreement
between the City and Pacific Telephone
Company to transfer ownership of the
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underground utilities system in Tract 907,
Lido Isle.
2. Mayor Hart opened the continued public
U/P 2020(A)/
hearing and City Council review of an appeal
Var 1103
by MAVIS INVESTMENTS, INC., dba "LE BISTRO,"
Le Bistro
from the denial by the Planning Commission on
(88)
September 8, 1983, of USE PERMIT NO.
2020(AMENDED) AND VARIANCE NO. 1103, requests
to amend a previously- approved use permit,
which permitted the establishment of the "Le
Bistro" Restaurant facility with on -sale beer
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and wine. The proposed amendment is a
request to increase the "net public area" of
the restaurant and to add live entertainment
(i.e., a piano) to the restaurant operation.
Variance No. 1103 requests a waiver of all of
the additional required offstreet parking
spaces in conjunction with the expansion of
the net public area of the "Le Bistro"
restaurant facility. Property located at
3448 Via Oporto, on the northeasterly side of
Via Oporto, between Central Avenue and Via
Lido in the Lido Marina Village; zoned C -1.
Report from the Planning Department dated
October 11, 1983, was presented.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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Motion
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Ayes
Noes
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MINUTES
November 14, 1983
INnvy
Steve Stern, Attorney representing the
U/P 2020(A)/
applicant, addressed the Council and stated
Var 1103
that they do not intend to utilize live
entertainment. They did have a piano,
however, which was for decorative purposes
only, but it has since been removed at the
request of the Planning Department. The area
where they desire to place additional tables
is "dead space." They also do not feel that
five parking spaces are necessary, as their
customers are primarily local business people
from within the immediate area.
The following persons addressed the Council
in support of the request:
Ralph Henderson, representing the
applicant;
Sid Fleisher, 102 Shultz Plaza,
resident; and
Mardo of Jewelry by Mardo, Lido Marina
Village
Hearing no others wishing to address the
Council, the public hearing was closed.
X
Motion was made to overrule the decision of
the Planning Commission based on the findings
and conditions of approval designated as
Exhibit "B," with the deletion of Conditions
No. 4 and 5.
The City Attorney suggested the following
condition of approval be added:
"The City reserves the right to modify
existing conditions or add new and
different conditions in the event it is
determined that subsequent to the date
of approval, the operation of this
business is detrimental to the health,
safety, peace, comfort, and general
welfare of persons residing or working
in the neighborhood, or detrimental to
property and improvements in the
neighborhood."
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The foregoing condition was agreeable with
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the maker of the motion, and the motion was
voted on and carried.
3. Mayor Hart opened the continued public
Ord 83 -28
hearing regarding ORDINANCE NO. 83 -28, being,
Single -Famly
Zoning
AN ORDINANCE OF THE CITY OF NEWPORT
(94)
BEACH AMENDING CHAPTER 20.10 AND SECTION
20.87.140 OF THE NEWPORT BEACH MUNICIPAL
CODE ESTABLISHING REGULATIONS PERTAINING
TO SECOND FAMILY RESIDENTIAL UNITS ON
SINGLE - FAMILY LOTS IN THE CITY OF
NEWPORT BEACH,
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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ROLL CAL
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MINUTES
November 14, 1983
Volume 37- Page 347
INDEX
PCA 595
PLANNING COMMISSION AMENDMENT 140. 595,
initiated by the City of Newport Beach to
amend the Municipal Code, establishing
regulations pertaining to second family
residential units on single - family lots in
the City of Newport Beach.
Report from the Planning Department dated
October 24, 1983, was presented.
The City Clerk advised that after printing
the agenda, a letter had been received from
SPON, suggesting the ordinance be reviewed by
the Citizens Environmental Quality Advisory
Committee; that homeowners in areas to be
affected be made aware of the potential
number of new units and other impacts
possible through the water bills; and that
this be brought back for review in three to
four months.
The City Manager summarized the staff report,
wherein it was pointed out that the Council
had three options as follows:
1. Take no action on an ordinance. In
this case, the City would be obligated
to consider second - family units on a
case- by -ca.se basis with discretion
limited by the provisions of Section
65852.2(b) of the Government Code.
2. Adopt an ordinance that totally
precludes second- family units. This
requires certain mandatory Findings in
accordance with Section 65852.2(c) of
the Government Code.
3. Adopt a second - family unit ordinance
that permits and regulates second - family
units. Suggested standards are
contained in Section 65852.2(a) of the
Government Code.
It was noted that the Planning Commission has
recommended Option 3.
The Planning Director stated that, pursuant
to State law, if an applicant meets certain
specific findings, a Use Permit must be
granted. He cited the eight (8) findings as
contained in State law.
Jean Watt, President of SPON, addressed the
Council regarding clarification of the
proposed ordinance.
Hearing no others wishing to address the
Council, the public hearing was closed.
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Motion was made to disallow second reading of
Ordinance No. 83 -28. Staff to monitor number
of applications received and report back no
later than six months. Copies of subject
ordinance to be forwarded to interested
groups and associations.
Volume 37- Page 347
INDEX
PCA 595
CITY
COUNCIL MEMBERS
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OF NEWPORT BEACH
MINUTES
November 14, 1983
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U/P 1547(A)
Kallmes/
Sheraton Exp
(88)
4. Mayor Hart opened public hearing and City
Council review of USE PERMIT NO.
1547(AMENDED), a request of ROMAN P. KALLMES,
Irvine, approved by the Planning Commission
on September 28, 1983, to amend an approved
use permit, which allowed the establishment
and expansion of the existing 349 room
Sheraton Hotel in the Newport Place Planned
Community. The proposed use permit amendment
is to allow a new 10 -story addition, which
includes 119 guest rooms, a kitchen addition,
small meeting rooms, and a relocated lighted
tennis court on the site. Property located
at 4545 MacArthur Boulevard, bounded by
MacArthur Boulevard, Birch Street and
Corinthian Way; zoned P -C;
AND
DRAFT ENVIRONMENTAL IMPACT REPORT, acceptance
of an Environmental Document for the
Sheraton - Newport Hotel expansion;
AND
STATEMENT OF FACT, request to approve
Statement of Fact in conjunction with the
proposed Sheraton - Newport Hotel expansion;
AND
STATEMENT OF OVERRIDING CONSIDERATIONS, a
request to approve a Statement of Overriding
Considerations in conjunction with the
proposed Sheraton - Newport Hotel expansion;
AND
AMENDMENT NO. 5 TO THE NEWPORT PLACE TRAFFIC
PHASING PLAN, request to consider an
amendment to the Newport Place Traffic
Phasing Plan so as to allow the expansion of
an existing Sheraton Hotel facility.
Report from the Planning Department, was
presented.
David Neish, representing the applicant,
addressed the Council and reviewed the
request. He stated that their request also
includes certification of an Environmental
Impact Report, and approval of Amendment No.
5 to the Newport Place Traffic Phasing Plan.
Mr. Neish stated that there are no
significant environmental impacts associated
with this particular proposal. He also note
that the hotel addition will generate
approximately 1400 trips per day, of which
1300 are nighttime, or off -peak hour trips.
As a result, the project is in compliance
with the City's Traffic Phasing Ordinance.
Volume 37 - Page 348
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U/P 1547(A)
Kallmes/
Sheraton Exp
(88)
CITY. OF NEWPORT BEACH
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November 14, 1983
With regard to financial benefits to be
generated from the Sheraton addition, Mr.
Neish advised that there would be a net
annual revenue of $211,933. Because of
the increase in Transient Occupancy Tax, a
grand total for the hotel, including
expansion, will result in approximately
$852,000 per year of revenue to the City.
Mr. Neish further commented that the Sheraton
Hotel will be making a $2 million
refurbishment of the existing hotel, which
will take place in the immediate future. The
Sheraton has also agreed to the $307,000 fair
share fee. He stated that they concur with
the findings and conditions of approval, and
urge the Council to uphold the recommendation
of the Planning Commission.
In response to Council Member Strauss, the
Planning Director discussed the parking
requirements in relation to the demonstrated
formula for parking.
Iu'response to Council Member Heather
regarding insulation of the meeting rooms in
the existing hotel, Mr. Neish advised that
all of the public areas will be improved in
the refurbishment program, and that sound
attenuation would definitely be given
consideration. He also answered questions
regarding parking.
Roman Kallmes, Architect for the project,
responded to Council Member Heather's concern
over airport noise.
Mr. Neish, in response to Council inquiry,
advised that the applicant did not object to
future City Council review of parking
requirements.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision of
the Planning Commission and recertify the
Environmental Impact Report to include any
additional information presented to the City
Council. Approval also includes an
additional condition whereby the City may
impose additional on -site parking
requirements subsequent to the date of .
approval if the parking provided is
determined to be inadequate to meet the needs
of those using the hotel.
5. Public hearing and City Council review of an
appeal by TREND IMPORTS SALES, INC., Newport
Beach, from the denial of the Planning
Commission on September 22, 1983, of USE
PERMIT NO. 1987(AMENDED) AND VARIANCE N0.
1107, requests to amend a previously- approved
use permit, which allowed the establishment
.of an automobile sales and service facility
so as to establish a separate automobile
Volume 37 — Page 349
U/P 1547(A)
Sheraton Exp
(88)
1987(A)/
1107
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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.A s�� \dw November 14, 1983
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MINUTES
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Volume 37 - Page 350
service facility with a modification to the
U/P 1987(A)/
Zoning Code to allow the use of tandem
Var 1107
parking spaces. Variance No. 1107 requests a
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waiver of a portion of the required offstreet
parking spaces in conjunction with the
expansion of the existing auto sales
facility. Property located at 1200 West
Coast Highway, on the northerly side of West
Coast Highway, across from the Balboa Bay
Club; zoned C -1 -H.
Report from the Planning Department, was
presented.
It was noted in the staff report that the
subject applications originally were
considered by the Planning Commission on
September 8, 1983, at which time the public
hearings were continued so as to provide the
applicant an opportunity to bring the
existing use permit into conformance with the.
conditions approved by the City on April 23,
1981. On September 22, 1983, when no
progress had been made to restore the site to
its previously- approved condition, the
Planning Commission voted unanimously to deny
Use Permit No. 1987(Amended), and Variance
No. 1107.
In addition to the foregoing, the Planning
Commission on September 22, 1983, voted
unanimously to initiate revocation
proceedings on Use Permit No. 1987 and set
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the public hearing for October 20, 1983. On
October 20, 1983, the Planning Commission
voted unanimously to continue the revocation
hearing to its meeting of November 10, 1983,
pending completion of the various items
required to bring the project into
conformance with the approvals granted in
1981.
It was further pointed out that the request
currently pending before the City Council on
appeal is a proposal to amend Use Permit No.
1987. At the same time, the Planning
Commission is considering the revocation of
Use Permit No. 1987 as originally approved. .
It is anticipated by staff that with the
applicant's cooperation, the matters
currently pending before the Commission will
be resolved and the revocation proceedings
terminated. If this occurs, it would be
appropriate for the City Council to return
the proposed amendment to the Planning
Commission for original determination with
the understanding that the applicant has not
lost his right to this appeal.
John Allison, Attorney representing the
applicant, addressed the Council and stated
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that they had no objections to referring this
item back to the Planning Commission,
providing it did not prejudice any future
appeal rights.
Volume 37 - Page 350
Motion
All Ayes
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Motion
All Ayes
Motion
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CITY OF NEWPORT BEACH
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MINUTES
November 14, 1983
Motion was made to refer the subject appeal
back to the Planning Commission, as
recommended by staff.
6. Mayor Hart opened the public hearing PD /Towg /Vick
regarding Certificate of Public Convenience Wise & A &P
and Necessity for Vick Wise Chevron, Inc., (70)
and A & P Towing.
Reports from the Executive Assistant to the
City Manager, were presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to grant Certificates of
Public Convenience and Necessity to Vick Wise.
Chevron, Inc.; and A & P Towing, as
recommended by staff.
E. PUBLIC COMMENTS: None.
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed:
1. ORDINANCES FOR INTRODUCTION: None.
2. RESOLUTIONS FOR.ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 83-118 authorizing the
Mayor and City Clerk to execute an
Agreement between the City of Newport
Beach and Simonis Moreland Accountants,
Inc., concerning Auditing Services for
Fiscal Years 1983 - 1984; 1984 - 1985;
and 1985 - 1986. (Report from Finance
Department)
Finance /Adtg
Serv' 83 -86
C -2254
Ras 83 =118
(40/38)
(c) Resolution No. 83 -119 supporting SB 575 Legislation
(Foram) which brings the liability of a Res 83 -119
public entity for noneconomic loss into (48/33)
conformance with its percentage of
fault. (Report from Assistant City
Attorney)
(d) Resolution No. 83 -120 in support of Utilities
Relicensing Federal Energy Regulatory Res 83-120
Commission Projects 1388 and 1389, (89)
Hydroelectric Projects, to the Southern
California Edison Company. (Report from
Utilities Director)
(e) Resolution No. 83 -121 authorizing the CA State
Mayor and City Clerk to execute an Dpt Trsp/
Agreement with the State of California" Res 83 -121
Department of Transportation for sharing C -2202
the cost of utilities (operation and (38)
maintenance of State Highway electrical
facilities). (Report from Public Works)
Volume 37 - Page 351
is
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CITY OF NEWPORT BEACH
MINUTES
November 14, 1983
(f) Resolution No. 83 -122 designating a Traffic Sgnl
four -way intersection where vehicles are Carob /Alta
required to stop at Carob Street and Vista
Alta Vista; and directing the Traffic Res 83 -122
Engineer to erect and maintain all (85)
necessary signs thereat. (Report from
Traffic Affairs Committee)
(g) Resolution No. 83 -123 designating an
intersection where vehicles are required
to stop at Camphor Street at Alta Vista;
and directing the Traffic Engineer to
erect and maintain all necessary signs
thereat. (See report with Agenda Item
F -2(f))
3. CONTRACTS/AGREEMENTS:
Traffic Sgul
Camphor /Alta
Vista
Res 83-123
(85)
(a) Authorize the Mayor and City Clerk to
Undrgr Utl/
execute a Special Counsel Agreement with
China Cove
Brown and Nazarek, and an Assessment
C -2423
Engineer Agreement with Professional
(38)
Assessment Services, Inc.; approve a
Budget Amendment (see agenda item F -18
and BA -038) in the amount of $22,000 as
an advance to the Proposed Special
Assessment District; cancel previous
instructions to staff to prepare a
Resolution of Intention to make the
improvement under the Municipal
Improvement Act of 1913 for
consideration on November 14, 1983; and
direct the Special Counsel to prepare
said Resolution of Intention for
consideration at a later date, to be
recommended by the _Special Council.
(Report from Public Works regarding
Undergrounding Utilities in China Cove -
Assessment District No. 56)
(b) Authorize the Mayor and City Clerk to Prkg /Heming-
accept an Offaite Parking Agreement for ways
a portion of the required parking spaces C -1824
in conjunction with the lunch -time (38)
operation during the week in the
Hemingway's Restaurant facility, located
at 2441 East Coast Highway, Corona del
Mar. (Report from the Planning
Department)
4. COMMUNICATIONS - For referral as indicated:
(a) To the Aviation Committee for inclusion
0 /C -JWyn
in the .records, letter from Dr. and Mrs.
Arprt
G. Rent Smith, who would like to see
(54)
more flights in and out of John Wayne
Airport; and.letters opposing airport
expansion from: Assa, Irene and Danna
Drori, Charles W. Dutton, Jr., Thomas P.
Walker, Byron H. Farwell, Lucille and
Howard Clark, Mr. and Mrs. Jan H.
Westerman, Lois and Val Darling, Mr. and
Mrs. Ron Dahl, Mary Jane Tyler;.and
after the agenda was printed, from:
Theodore F. Clarke and William and
Mildred Hervey.
Volume 37 - Page 352
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\A1 f RLL November 14, 1983
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Volume 37 -,Page 353
(b) To Parks, Beaches and Recreation and
Bus Lic/
Business License Supervisor for
Permits
inclusion in the records, letter from
(27)
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the Breakers Drive Assn.,.Inc.
requesting denial for permission of
amplified sound on the Corona del Mar
City /State Beach.
(c) To Parks, Beaches and Recreation for
PB &R
response, letter from H. A. Anderson
(62)
regarding reply to his October 5 letter
and races in old Corona del Mar.
(d) To Pending Legislation and Procedural
Legislation
Ethics Committee, request from City of
(48)
Lakewood to support National League of
Cities resolution relative to Federal
Cable Legislation, Local Authority and
Cable Subscriber Protection; and after
the agenda was printed, an endorsement
from various Cities regarding subject
resolution.
(e) To Planning Commission /Planning
Planning
Department for inclusion in the records,
(68)
letters from "concerned citizens"
regarding limiting population growth and
development.
(f) To Police Department (Animal Control)
PD /Animal
for response, letter from Randall
Cntrl
Presley regarding,a coyote problem in
(70)
•Big
Canyon.
(g) To Parks, Beaches and Recreation for
PB &R /WNptBA
reply and inclusion in the records,
(62)
letter from West Newport Beach
Association regarding West Newport Beach
Park needs.
(h) To Planning Commission /Planning
Planning/
Department for reply and inclusion in
Cannery Vlg
the records, request from West Newport
McFdn Sq
Beach Association to consider highest
(68)
priority toward the preparation of the
.Specific Area Plan for the Cannery
Village /McFadden Square Area.
(I) To Public Works for reply and inclusion
PW /WNptBA
in the records, request from West
Undrgr Utl
Newport Beach Association to consider
(74)
the highest priority to the
undergrounding of utilities along Balboa
Boulevard in conjunction with the
widening project.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copy of letter from various Community
Association Representatives to Orange
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County Supervisor Riley regarding San
Joaquin Hills Corridor Interchanges.
(b) Copy of letter with suggestions from
California Wildlife Defenders regarding
coyo LC PL
Volume 37 -,Page 353
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CITY OF NEWPORT BEACH
MINUTES
November 14, 1983
(c) Local Agency Formation Commission of
Orange County - Minutes of October 12
and preliminary agenda of November 9,
1983.
(d) Application 983 -10 -36 of Southern
California Edison Company (requesting
authority to make rate level and tariff
changes to recover costs of owning,
operating and maintaining San Onofre
Nuclear Generating Station Unit No. 3,
during 1984) before the California
Public Utilities Commission.
(e) Federal Election Commission, Washington,
D.C. announcement of regional
conferences on the Federal election
campaign law and election
administration, 1983 series.
(f) U.S. /Mexico Sister Cities Association
Newsletter for November 1983.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Evelyn Andrade for recovery services,
alleging property damage to block wall
as a result of City crews moving sand in
front of 3611 Seashore Drive on July 21,
1983.
(b) Roseline Lipsett alleging personal
injuries as a result of fall on raised
sidewalk on 31st Street, between Villa
Way and LaFayette on October 9, 1983.
(36)
(c) Joseph F. O'Hora alleging personal O'Hora
injuries as a result of,trip and fall on
crack in sidewalk on Via Lido Soud,
between Via Florence and Via Eboli on
October 11, 1983.
(d) Pacific Telephone for property damage as Pacif
a result of Paul Gardner Corp. allegedly
damaged their 900 pair underground cable
in the preparation for setting a street
light footing at 30th and Newport
Boulevard on July 29, 1983.
(e) Larry Root alleging City trees in Root
parkway damaged sidewalk, curb, gutter,
private driveway and private walkway at
1915 Glenwood Lane (first notification
by letter dated July 12, 1983 to City).
(f) Application to Present Late Claim of Triola
Margaret Triola, alleging personal
injuries as a.result of trip and fall on
landing at American Legion Hall, Newport
Harbor Post 291 on November 7, 1982.
Volume 37 - Page 354
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
C%o
November 14, 1983
slni : rai i
INDEX
(g) Application for Leave to Present Late
Western
Claim of Western Canners Co., Inc., dba
Canners/
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Malarkey's Irish Pub /Michael Murray
Thomas, Case No. 39- 40 -61, Orange County
Malarkey's/
Thomas
Superior Court.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's referral to
the claims adjuster:
(a) Lupe Hilton, (Cross Complaint) Orange
Hilton
County Superior Court Case No. 38- 21 -87.
Claim was denied by City Council on
September 12, 1983.
(b) Holly Holding Company for recovery of
Holly Holdin;
property taxes, Orange County Superior
Court Case No. 41- 45 -69.
(c) Dean MacCabe, (First Amended Complaint
MacCabe
for Personal Injuries) Orange County
Superior Court Case No. 396378.
8. REQUEST TO FILL PERSONNEL VACANCIES: (Report
(66)
from the City Manager)
(a) One Fire Captain, Fire Department.
(b) One Fire Battalion Chief, Fire
Department.
(c) One Police Clerk, Police Department.
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(d) One Emergency Equipment Dispatcher,
Police Department.
(e) One Equipment Serviceworker, General
Services.
(f) One Chief Plan Check Engineer, Building
Department.
9. STAFF AND COMMISSION REPORTS - For Council
information and approval:
(a) Report from Executive Assistant to the
0 /C- JWynArpt
City Manager regarding.FOLLOW -UP ON
(54)
REPUBLIC DC -9 INCIDENT.
(b) Report from General Services Director
Garbage /Trai
regarding COSTS FOR THE SPECIAL REFUSE
Bayshores
COLLECTION FOR THE BAYSHORES COMMUNITY
(44)
ASSOCIATION.
(c) Report from City Attorney regarding
City Atty
PROPOSED CONSENT DECREE TO RESOLVE
(31)
PREGNANCY DISPUTE CLAIMS.
(d) Removed from the Consent Calendar.
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Volume 37 - Page 355
CITY OF NEWPORT BEACH
MINUTES
November 14, 1983
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10. PUBLIC HEARING SCHEDULING - For November 28,
1983:
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(a) Removed from the Consent Calendar.
(b) ENVIRONMENTAL IMPACT REPORT FOR BALBOA
BOULEVARD WIDENING FROM 33RD STREET TO
44TH STREET. It is the present
intention of the City to accept the EIR
and supporting documents (copies of
which are available for public review
and inspection at the Public Works
Department, 3300 Newport Blvd., Newport
Beach, CA.).
(c) TENTATIVE MAP OF TRACT NO. 10814
(REVISED), a request of The Irvine
Company, Newport Beach, to revise a
previously- approved Tentative Map for
Tract No. 10814, which permitted the
creation of three lots for residential
condominium purposes in conjunction with
a 32 -unit residential condominium
development in the BIG CANYON PLANNED
COMMUNITY. The proposed revision is to
create 21 numbered lots for
single- family residential purposes; one
numbered lot for private recreational
purposes; four lettered lots for private
open apace purposes; and two lettered
lots for private street purposes.
Property located on the northerly side
of San Joaquin Hills Road between
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Jamboree Road and MacArthur Boulevard;
zoned P -C. (Report from Planning
Department)
11. RESUBDIVISION NO. 688 - Approve a Subdivision
Agreement guaranteeing completion of the
public improvements required with
Resubdivision No. 688 (portion of Lot G, and
Lot M, Tract No. 919, located at 3101 West
Coast Highway on the southerly side of West
Coast Highway between Newport Boulevard and
Riverside Avenue, in the Mariners Mile
Specific Plan Area); and authorize the Mayor
and City Clerk to execute said agreement.
(Report from Public Works)
12. Removed from the Consent Calendar.
13. RESUBDIVISION NO. 736 - Approve a Subdivision
Agreement guaranteeing completion of the
public improvements required with
Resubdivision No. 736 (Lot 4 and a portion of
Lots 5 and 6, Tract 443, located at 504 North
Newport Boulevard, on the northeasterly
corner of North Newport Boulevard and Orange
Avenue in the Old Newport Boulevard Specific
Plan Area); and authorize the Mayor and City
Clerk to execute said agreement. (Report
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from Public Works)
Volume 37 - Page 356
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736
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Motion
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CITY OF NEWPORT BEACH
MINUTES
November 14, 1983
14. Removed from the Consent Calendar.
15. Removed from the Consent Calendar.
16. HARBOR PERMIT APPLICATION #112 -503 BY MARK Harbor Perm/
HOWARD TO REBUILD THE COMMERCIAL DOCKS #112 -503
BAYWARD OF 503 EDGEWATER - Uphold staff's (51)
recommendation for approval, subject to
conditions listed in the staff report.
(Report from Marine Department)
17. HARBOR PERMIT APPLICATION #222 -717 BY LIDO Harbor Perm/
YACHT ANCHORAGE TO REBUILD A SECTION OF THE #222 -717
EXISTING FLOATS AT 717 LIDO PARK DRIVE - (51)
Uphold staff's recommendation for approval,
subject to conditions listed in the staff
report. (Report from Marine Department)
18. BUDGET AMENDMENTS - For approval:
BA -034, $1,650.00 - Increase in Budget
Appropriations and Revenue Estimates for
Scholarship Fund Budget for Fiscal Year
1983 -84; Scholarship Fund.
BA -035, $166,405.95 - Increase in Revenue
Estimates for Reserve of Irvine•Company Park
Fees for Tract 11935; Park and Recreation
Fund.
BA -036, $159.00 - Transfer in Budget
Appropriations for CRT Terminal Table for
Building Department; Building - Office
Equipment Fund.
BA -037, $755.00 - Transfer in Budget
Appropriations for Special Trash Collection
for Bayshores Community Association; General
Services - Refuse Fund.
BA -038, $22,000.00 - Increase in Budget
Appropriations and Decrease in Unappropriated
Surplus for advance to Proposed Special
Assessment District to underground utilities
in China Cove; Utilities Fund
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. A report from Parks, Beaches and Recreation
was presented regarding OASIS PASSIVE PARK
LANDSCAPING (C- 2412) plans and
specifications.
Council Member .Agee indicated he had some
concerns regarding this project, and
therefore, motion was made to refer it back
to staff for review and reconsideration by
Council on November 28.
Richard Nichols, President Corona del Mar
Community Association, addressed the Council
and stated that they would like to have an
opportunity for input, as there is no park
facility proposed on the site.
Volume 37 - Page 357
Psv Prk
All Ayes
•
Motion
All Ayes
on
A Ayes
•
x
x
CITY OF NEWPORT BEACH
MINUTES
November 14, 1983
The motion was voted on and carried.
2. Resolution modifying existing resolutions by
respectively sunsetting and extending
termination dates for various City Boards,
Commissions and Committees, was presented
with a report from the City Manager.
The City Manager noted the following
committees should be sunsetted as of
12- 31 -83:
(a) Joint City Council /Planning
Commission Ad Hoc Housing Task
Force;
(b) Ad Hoc Council Redistricting
Committee;
(c) Ad Hoc Election Procedure Review
Committee.
The Mariners Mile Traffic Circulation Ad Hoc
Committee to sunset January 9, 1984.
Motion was made to adopt Resolution No.
83 -117, as revised.
Bds /Cmsn/
(24)
Ad Hoc Housg
Tsk Frc
Ad Hoc Re-
distrctg
Ad Hoc
Election
Ad Hoc Mrnrs
Mile
Res 83 -117
3. Reports from Public Works regarding LIDO ISLE Lido 'Is Brdg
BRIDGE REHABILITATION (C- 2345); and LITTLE Rehab
BALBOA ISLAND BRIDGE REHABILITATION (C- 2209),. C -2345
were presented. 1(38)
Pursuant to staff recommendation, motion was R s Brdg
Rehab
made to defer the subject two projects to Rehab
November 28, 1983, in order that the Little C -2209
Balboa Island Improvement Association can (38)
review the plans and specifications for their
bridge rehabilitation.
4. A report from the Planning Department was
U/P 3058/
presented regarding scheduling a public
Novak's
hearing on the APPEAL OF ROBERT F. NOVAK FOR
(88)
USE PERMIT NO. 3058, from certain conditions
of approval recommended by the Planning
Commission at their meeting of October 6,
1983, on property located at 2920 East Coast
Highway. Request to reestablish a restaurant
with on -sale alcoholic beverages known as
" Novak's Place," on property located in the
C -1 District. This project has been
determined that it is categorically exempt'
under the requirements of the California
Environmental Qualities Act.
After printing the agenda, a letter was
received from Zoe Gunzel, 60131 Iris Avenue
protesting the operation at Novak's Place.
Richard Nichols„ 519 Iris Avenue, speaking as
a homeowner in the area of Novak's Place,
addressed the Council and stated that the
hours of operation were inappropriate for the
location, and requested that the conditions
of approval for the Use Permit be enforced in.
the interim, prior to the public hearing on
the appeal on November 28.
Volume 37 - Page 358
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C0. �
9F S�9G� November 14, 1983
Rni i rAl e - 9 S
MINUTES
INDEX
Motion
x
Following discussion, motion was made to
All Ayes
schedule the public hearing on November 28,
•
1983, for the appeal of Robert F. Novak.
5. Report from the Planning Department regarding
Prk Dedctn/
UPDATE OF IN -LIEU PARK DEDICATION FEES, was
In -Lieu Fees
presented.
(68)
Richard Nichols, President Corona del Mar
Community Association, addressed the Council
regarding the use of Eastbluff Park for the
purposes of establishing the value per acre
of land to be used in computing the fee for
in -lieu park dedication. He stated he felt
that park dedication fees, based on the
market value of the land being developed,
would be a more equitable means of defining
what a developer should dedicate to the City.
He felt that to use Eastbluff Park for this
purpose was totally incompatible.
The City Manager advised that the formula for
computing park dedication fees is set forth
in the Municipal Code, and was initially
placed in the code by an Initiative election
process. The language of the Initiative
stated that the in -lieu fees shall be based
on the value of the "median" park value of
the City, and the park which fell in the
median range was Eastbluff Park. In
addition, the market value of such land shall
be adjusted periodically to reflect changes
in property values.
Mo0i0 n
x
Following discussion, motion was made to
All Ayes
authorize the staff to retain the services of
an appraiser to update the appraisal of
Eastbluff Park.
H. ORDINANCES FOR ADOPTION: None.
I. CONTINUED BUSINESS:
1. Report from Tidelands Affairs Committee
Harbor Perm)
concerning HARBOR PERMIT APPLICATION #175 -524
#175 -524
FROM STEPHEN ELMORE, 524 VIA LIDO N06 TO
(51)
ALLOW AN OVERSIZED PIER PLATFORM TO REMAIN AS
CURRENTLY BUILT IN VIOLATION OF THE COUNCIL'S
HARBOR PERMIT POLICIES, was presented.
Ron Nelson, 2806 Lafayette, Marine Contractor
.representing the applicant, addressed the
Council and urged approval of the request
based on the recommendation of the Tidelands
Affairs Committee.
Motion
x
Motion was made to direct the applicant to
All Ayes
rebuild the pier platform to the regulation
10' x 14' configuration and approve the
revised "L" shaped float structure.
•
Volume 37 - Page 359
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
V c 00 �i
wni i re11 } 9G9�
A�F Gs November 14, 1983
MINUTES
INDEX
J. CURRENT BUSINESS:
•
1. Report from the Planning Department regarding
PROPOSED GENERAL PLAN AMENDMENTS (CARNATION
GPA/Carntn
Schl /Housg
SCHOOL SITE, HOUSING ELEMENT UPDATE, AND
Elmt /LCP
LOCAL COASTAL PLAN IMPLEMENTATION), was
Implm
presented.
(45)
Motion
x
Motion was made to initiate all or a portion
of the proposed General Plan Amendments, and
direct the Planning Commission to set the
amendments for public hearing after
preparation of any necessary environmental
documents.
Council Member Strauss suggested the Council
defer action on these items because of the
Planning Department's current workload.
Ayes
x
x
x
x
x
'x
Following discussion, the motion was voted on
Abstain
x
and carried.
2. Report from the City Manager regarding
Cncl Policy
MODIFICATIONS OF THE CITY COUNCIL POLICY
Review
MANUAL, was presented.
(69)
A report from the Parks, Beaches and
Recreation Department, dated November 2,
1983, regarding Council Policy 1 -21, was
presented.
With regard to Council Policy,F -18, the last
•.
sentence was amended to read as follows:
"An exception to this policy may be
granted by the City Council on a per
project basis when circumstances justify
the exception."
Council Member Cox made reference to the
recommendation to combine I -20 with F -20, and
voiced his reasons for opposing the proposal.
Motion
x
Council Member Cox stated that the Arts
Ayes
x
x
x
Commission has indicated to him that they
Noes
x
x
x
x
would like to see a guideline that would
better define how the funds are utilized from
an administrative mechanism, and therefore,
motion was made to not combine Council
Policies F -20 and I -20, and refer said items
to the Arts Commission for further
clarification and specific guidelines as to
allocation of funds, which motion FAILED.
Motion
x
In view of the foregoing, motion was made to..
All Ayes
refer Council Policy F -20, (combined with
I -20, as recommended) to the Arts Commission
for development of implementation procedures.
Motion
x
Motion was made to approve modification to
Ayes
Council Policy AA =14, adding a provision for
extending the term of the auditing firm for
an additional three years.
Volume 37 - Page 360
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
�titi�s�
\CALL O � + 9G 9'A G �9
ROLL November 14, 1983
MINUTES
INDEX
Motion
x
Motion was made to add the following sentence
Cncl Policy
All Ayes
to Council Policy F -18:
Review
"An exception to this policy may be
granted by the City Council on a per
project basis when circumstances justify
the exception."
Motion
x
Motion was made to approve modification to
All Ayes
Council Policy I -2, making "drip irrigation"
reference.
Motion
x
Motion was made: to approve modifications to
All Ayes
Council Policy I -4, as indicated in the staff
report.
Motion
x
Motion was made to approve housekeeping
All Ayes
changes to Council Policy I -10, from
"Councilmen" to "City Council."
Motion
x
Motion was made to approve housekeeping
All Ayes
changes to Council Policy I -14, as indicated
in the staff report.
Motion
x
Motion was made to approve cosmetic changes
All Ayes
to Council Policy I -19, as indicated in the
staff report.
Motion
x
Motion was made to approve modifications to
All Ayes
Council Policy I -21, as recommended by the
Parks, Beaches and Recreation Department.
3. Report from License Supervisor regarding
Bus Lic/
APPEAL BY ROBERT A. HICKEY, MANAGER OF SUB -4
Permit -8 K
TEAM FROM DENIAL FOR "NEWPORT BACK BAY
Run
EIGHT -K RUN" ON SATURDAY, DECEMBER 10, 1983.
(27)
AT 8:00 A.M., was presented.
The City Clerk reported that, after printing
the agenda, five additional letters had been
submitted in support of the "Eight -K Run"
race.
It was noted in the staff report that the
proposed course (Eastbluff) for the race was
found to be unsatisfactory, and that neither
the License Division nor Parks, Beaches and
Recreation indicated to the applicant that
the race would be approved.
It was further noted that the Eastbluff
Homeowners Association had not endorsed, nor
opposed the proposed race. .
Anthony Russell, Attorney representing SUB -4,
addressed the Council and stated that SUB -4
is a manufacturing company of clothing for
runners. He discussed the course for the
race, and stated,that the homeowners in the
Eastbluff area would be inconvenienced
approximately 30 -35 minutes when the race is
Volume 37 - Page 361
i
CITY OF NEWPORT BEACH
`J
AApon Ix xJxxxI x
Noes
Motion.
All Ayes
0
X
MINUTES
November 14, 1983
being run through their area. He also stated
Bus Lic/
that they are guaranteeing $1000 to the
8 -K Run
Newport Beach Boys Club. He felt there was a
good chance the race would receive television
coverage, and that the event would be of
great benefit to the community.
Discussion ensued with respect to the
proposed location of the race, and it was
suggested that possibly Newport Center would
be a better site. Also referenced, were the
problems that resulted from the tennis
tournament held in Eastbluff recently.
Robert Hickey, Race Director, addressed the
Council, and stated that they could not move
the race location at this late date. He
stated they were aware of the problems
connected with the tennis tournament in the
Eastbluff area, and which is why their race
covers only one -half of Eastbluff.
Bill Sumner, Coordinator for the Olympic
Torch 10 -K Run, addressed the Council and
stated that they have already spent
approximately $20,000 in advertising, and
that it would cost another $20,000 to move
the location of the race. He stated he felt
the community would support the event if all
the residents in the area were made aware of
it. He also stated that there were minimal
complaints from their last race.
Following further consideration, motion was
made to uphold staff's recommendation and
deny the application for the race.
4. Report from Executive Assistant to the City
Balboa Pier/
Manager regarding RUBY'S RESTAURANT - BALBOA
Ruby's
PIER /BUILDING EXPANSION AND REFUSE DISPOSAL,
C -2326
was presented.
(38)
The City Manager pointed out that the request
is to expand the existing building to provide
additional storage space and a walk -in
refrigerator.
Motion was made to approve amendment to
Concession Agreement to provide for building
expansion and refuse disposal; and expand
existing building.
K. ADDITIONAL BUSINESS: None.
Meeting adjourned at 10:3 p.m.
My-or
ATTEST:
ty
Volume 37 - Page 362