HomeMy WebLinkAbout03/11/1985 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS REGULAR COUNCIL MEETING MINUTES
PLACE: Council C
hambe
rs
TIME: 7:30 P.M.
DATE: March 11, 1985 GC\'P\�X ROLL
INDEX
Presentation of Proclamation by Mayor
honoring Camp Fire's 75th Birthday
Celebration.
Peeent
x
x
x
x
x
x
A. ROLL CALL,
Absent
x
B. The reading of the Minutes of the
Regular Meeting of February 25, 1985,
and Adjourned Meeting of March 1, 1985
was waived.
Motion
x
Motion was made to approve the Minutes
All Ayes
of the Regular Meeting of February 25,
1985 as written, and ordered filed.
Motion
x
Motion was made to approve the Minutes
Ayes
x
x
x
x
x
of the Adjourned Meeting of March 1,
Abstain
x
1985 as written, and ordered filed.
Motion
x
C. The reading in full of all ordinances
All Ayes
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the continued public
CATV /Cmnty
hearing regarding EXTENSION OF CATV
Cablevision
FRANCHISE AREA COMMUNITY CABLEVISION
(42)
COMPANY.
Reports dated December 10, 1984, and
March 11, 1985 from Executive Assistant
were presented.
The City Clerk reported that after the
printing of the agenda, a letter had
been received from Group W Cable, dated
March 7,1985, objecting to the current
proposal and urging the Council to deny
the request.
Council Member Cox entered the meeting at
7:40 p.m.
It was noted that this item was
continued from the.Council meeting of
December 10, 1984, to enable Staff to
access the results of the Group W
rebuild and the implications of an
overbuild on subscriber services.
Essentially, the Community Cablevision
Company which now serves the eastern
portion of the City, north of Coast
Highway and east of Jamboree Road is
requesting to extend its franchise area
into the airport /industrial area and the
Bayside Marina /Promotory Point /Dunes/
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Newporter Inn /Park Newport area which is
also within the Group W franchise area.
Volume 39 - Page 75
COUNCIL MEMBERS
\CAL ROLL GsP � March 11, 1985
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It was recommended by the staff that, CATV /Cmnty
based upon the investigation as set Cablevision
forth in their report, and based upon
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the stated preference of the subscribers
in the subject areas enumerated in said
report, the request of Community
Cablevision be approved.
Don McNutt, President, Community
Cablevision Company, addressed the
Council and stated that they were in
agreement with the comments of staff and
the.recommendation for approval. He
displayed a map showing the areas they
currently serve, as well as those areas
not being served by Group.W.
Mr. McNutt stated that their objective
is to acquire the right to compete with
Group W to serve existing and future
developments in the requested areas. It
is not their intent to duplicate any
system which Group W currently operates.
In addition, if their request is
granted, Community Cablevision will not
infringe on any rights that are
currently held by Group W.
Mr. James W. Bequette, District General
Manager, Group W Cable, addressed the
Council and stated that the primary
intent of their March 7, 1985 letter was
to call attention to matters they felt
the Council should address to insure
any cable franchisee receives fair and
equal treatment with the City.
Mr. Bequette enumerated their concerns
as follows:
1. If Community Cablevision is to
provide service in areas
served by Group W. they should
be bound by the same terms and
conditions of the Group W
franchise. It doesn't appear
reasonable for one cable
company to be permitted rates
42% higher than the other for
comparable service in the same
City. In addition, Community
Cablevision should be required
to provide, or reimburse Group
W to provide, local
programming of public interest
to Newport Beach citizens,
such as the City Council
meetings.
Volume 39 — Page 76
COUNCIL MEMBERS
\CAL\'p ROLL March 11, 1985
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INDEX
2. Essentially, Community CATV /Cmnty
Cablevision is "cherry Cablevision
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picking," that is selecting
prime areas for their service
without obligations to build
other areas which may be less
desireable due to higher cost,
etc.
3. Many of the facilities and
proposed developments in the
areas selected by Community
Cablevision for expansion are
owned by their parent company,
The Irvine Company. In
developments such as
Promontory Point, The Irvine
Company could simply deny
Group W access and provide
access to its subsidiary.
Thus the consumers of cable
service would not be provided
an advantage from competition,
but forced to pay substan-
tially higher prices for the
same service.
4. In new developments it would
be possible that The Irvine
Company, as the developer,
would deny access to Group W
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to trenches on the then
private streets during
development but provide access
to its subsidiary company,
Community Cablevision. Then,
later when the streets are
dedicated as public streets,
Group W would be at a
significant competitive
disadvantage since the cost of
opening new trenches would be
many times that of the joint
trench and probably incur the
opposition of both the
homeowners and City staff. If
the City Council approves
Community Cablevision`s
request for extension, we
suggest that either all
franchised companies have
equal access to trenches or
the City should refuse to
subsequently accept those
streets into the City system.
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Volume 39 - Page 77
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL\ -KROLL s March 11, 1985
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[aw.
In conclusion, Mr. Bequette requested
CATV /Cmnty
that the Council delay action on the
Cablevision
request of Community Cablevision to
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extend their franchise area until some
of the aforementioned issues are
resolved.
Mr. McNutt addressed the Council again
and spoke in rebuttal with respect to
the rates differential between Community
Cablevision and Group W. and explained
the reasons therefor. He also stated
that Community Cablevision provides its
customers with 1 °first class" service;
that their technical staff is well
trained, and as a result explains why
they have a 70% market share.
Mr. Bequette of Group W Cable, also
spoke in rebuttal, stating that they
also give good service to their
subscribers. With respect to community
programming, Group W has televised about
24 City Council meetings, and he
indicated he is going to do what he can
to see that Group W receives a like
amount of fair programming for
interested residents of Newport Beach
from Community Cablevision.
Discussion ensued wherein it was noted
that Group W was "overdue11 for a rate
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increase.
Following comments by Council, the
public hearing was closed.
Motion
x
Motion was made to introduce Ordinance
Ord 85 -4
No. 85 -4, and pass to second reading and
(Introduced;
adoption on March 25, 1985.
Motion
x
Substitute motion was made to introduce
Ordinance No. 85 -4, and pass to second
reading and adoption on March 25, 1985,
but excluding the areas De Anza Mobile
Village and Newporter Inn.
In response to Council inquiry regarding
the legality of the substitute motion,
the City Attorney advised that he felt
the Council could make whatever decision
it wanted, so long as that decision is
not based upon intent to restrict or
restrain competition between companies;
in essence, he felt the Council was on
1 7safe ground."
Ayes
x
x
The substitute motion was voted on and
Noes
x
x
x
x
x
FAILED.
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Volume 39 - Page 78
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\CALROLL March 11, 1985
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owngy
Ayes
x
x
x
x
x
x
The motion on the floor was voted on and
Nogs
x
carried.
2. Mayor Maurer opened the public hearing
TMap Tr12360
regarding the TENTATIVE MAP OF TRACT NO.
12360, a request of BRION S. JEANNETTE,
Newport Beach, to subdivide an existing
parcel of land into three numbered lots,
each for two -unit residential
condominium development, and one
lettered lot for public access and
public utility purposes, on property
located at 726-732;1 Tustin Avenue, on
the southeasterly side of Tustin Avenue,
between Holly Lane and 16th Street, in
Newport Heights; zoned Unclassified.
Report from Planning Department, was
presented.
Bison Jeannette, Architect, addressed
the Council stating he was in
concurrence with the staff
recommendation and was available for
questions.
Michael Allen, 2508 Holley Lane,
addressed the Council with regard to
Condition No. 7, requiring that a
26 -foot ingress /egress easement for Lot
A for the benefits of Lots No. 1, 2, and
3 be provided, and further, that an
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easement for ingress and egress be
provided over portions of Lots No. 2 and
3 for the benefit of Lots No. 2 and 3,
and indicated he did not agree with
staff's recommendation in this regard.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to approve the Tentative
All Ayes
Map of Tract No. 12360 subject to the
Findings and Conditions of Approval as
recommended by the Planning Commission.
IPCA
3. Mayor Maurer opened the public hearing
613
regarding PLANNING COMMISSION AMENDMENT
(94)
NO. 613, a request of THE IRVINE
COMPANY, Newport Beach, to amend the
Planned Community Development Plan for
the NORTH FORD PLANNED COMMUNITY so as
to establish development standards for
Area 5; and the acceptance of an
Environmental Document. Property
located on portions of Blocks 51 and 57
of Irvine °s Subdivision, generally
bounded by MacArthur Boulevard, Bison
Avenue, Camelback Street, Jamboree Road
and University Drive (Extended),
.
commonly known as Area 5 of the North
Ford Planned Community; zoned P -C;
Volume 39 - Page 79
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AND
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TENTATIVE MAP OF TRACT NO. 12309, a
request of THE IRVINE COMPANY, Newport
TMap Tr12309
Beach, to subdivide 125.88 acres of land
located in the NORTH FORD PLANNED
COMMUNITY so as to create one lot for
office development, one lot for
single- family detached residential
development, four lots for residential
condominium development, two lots for
residential apartment development, one
lot for retail commercial development,
and one lot for public park purposes.
Property bounded by MacArthur Boulevard,
Bison Avenue, Camelback street, Jamboree
Road and San Diego Creek; zoned P -C;
AND
TENTATIVE MAP OF TRACT NO. 12306, a
TMap Tr12306
request of IRVINE PACIFIC, Newport
Beach, to subdivide 11.16 acres of land
located in Area 5 of the NORTH FORD
PLANNED COMMUNITY, being a further
subdivision of Lot No. 8 of the
Tentative Map of Tract No. 12309, so as
to create six numbered lots for
residential condominium purposes, two
lettered lots for private street
purposes, one lettered lot for private
recreation purposes and two lettered
lots for private open space purposes.
Property located at 4836 Jamboree Road,
on the northeasterly corner of Jamboree
Road and Camelback Street, in Area 5 of
the North Ford Planned Community; zoned
P -C;
AND
TENTATIVE MAP OF TRACT NO. 12271, a
TMap Tr12271
request of the BREN COMPANY, Newport
Beach, to subdivide 26.84 acres of land
located in Area 5 of the NORTH FORD
PLANNED COMMUNITY, being a further
subdivision of Lot No. 9 of the
Tentative Map of Tract No. 12309, so as
to create 172 numbered lots for detached
single- family residential development,
one lettered lot for private
recreational purposes, and three
lettered lots for private open space
purposes. The proposal also includes an
exception to the Subdivision Code so as
to allow the creation of interior lots
which are less than 50 ft. wide and less
than 5,000 sq.ft. in area, and corner
lots which are less than 60 ft. wide and
less than 6,000 sq.ft. in area.
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Property located at 4836 Jamboree Road,
Volume 39 - Page 80
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on the easterly side of Jamboree Road,
PCA 613/
between Camelback Street and the
TMpTrl2309/
proposed University Drive (Extended) in
12306/12271
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Area 5 of the North Ford Planned
Community; zoned P -C.
Report from Planning Department, was
presented.
The City Clerk reported that, after the
printing of the agenda, a letter was
received from the State Department of
Transportation regarding the draft EIR
for this project. The staff has
responded to their comments and have
attached said responses to the subject
letter.
In addition, three letters were received
from the Legal Aid Society just prior to
the City Council meeting in opposition
to Tentative Tract Map No.'s 12271,
12306 and 12309, which were distributed
to the Council.
The Planning Director presented a
Supplemental Report regarding the three
Tentative Maps, suggesting the following
finding for approval to the recommended
action be added as follows:
"That the project as conditioned is
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consistent with the Housing Element
of the General Plan as amended June
25, 1984, in that the project meets
or exceeds all criteria set forth
therein.11
It was also suggested by the Planning
Director, that the following additional
wording be added to Condition No. 18 for
Tentative Map of Tract No. 12309:
"Park credit will be granted for
dedication in excess of that
required by the development.
Credit will be granted only for
area of the park which is flat,
useable and outside the 100 year
flood plain. Park credits
generated as a result of this
project may be utilized by
residential development in the
City, but shall not be used by
residential development on any site
which carries a neighborhood park
designation in the Recreation and
Open Space Element of the General
Plan (such as Newporter North,
Castaways, Westbay, or Newporter
Center)."
Volume 39 - Page 81
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL Gin � $�� March 11, 1985
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The City Attorney stated that after PCA 613/
reviewing the Development Agreement for TMpTr12309/
this project, he would suggest that the 12306/12271
last sentence of the foregoing proposed
language be deleted as he did not feel
it was consistent with the Development
Agreement already approved by the City
Council..
Brad Olson, representing The Irvine
Company, addressed the Council and
stated that they have reviewed the staff
report and are in agreement with the
recommended findings and conditions of
approval. However, one additional issue
which they believe needs to be addressed
as part of the City Council's action on
Tentative Tract No, 12309 has to do with
park dedication credits. As a result of
modifications to the boundaries of the
park site necessitated by hydrology
considerations, the actual size of the
park is expected to exceed 12 acres as
previously proposed. In order to
account for possible excess park
credits, consistent with the provisions
of the development agreement, an
additional condition is proposed as
follows:
"84. At the time of City review of
the final map (Tract No.
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12309) the precise acreage and
boundaries of the park site,
including parking area, shall
be established and the
developer shall be granted
credits for park acres
dedicated in excess of the
park dedication required for
the subject tract. At that
time the City shall initiate
an amendment to the North Ford
Planned Community text to
reflect the park dedication
area as established in the
final map."
Mr. Olson also stated that with respect
to the proposed additional language for
Condition No, 18, the wording is new to
them, and different from that which was
agreed to in the Development Agreement,
and therefore, they do have a concern.
The project was outlined at this time by
Mr. Olson, and he answered questions of
the Council.
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Volume 39 m Page 82
Council Member Strauss expressed some of
his concerns regarding various
Conditions of Approval and suggested
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different wording in some areas, which
he stated he felt should be made prior
to final action by Council.
Motion
Following comments, motion was made to
All Ayes
x
continue the public hearing to March 25,
1985.
E. PUBLIC COMMENTS:
1. David Moore, (no address given)
Traffic/
addressed the Council in opposition to
Eastblf Dr.
the removal of the Crossing Guard for
East Bluff Drive /Our Lady, Queen of
Angels School.
He stated it is proposed by the Traffic
Affairs Committee that the Crossing
Guard be reassigned to assist children
at Mar Vista and East Bluff only. He
requested that this item be referred
back to the Traffic Affairs Committee
for reconsideration.
There being no objections, the staff was
requested to review the proposal and
report back.
F. CONSENT CALENDAR:
Iofln
x
The following actions were taken as
k11 Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on March 25, 1985:
(a) Proposed ORDINANCE NO. 85 -5, being,
Ord 85 -5
Zoning
AN ORDINANCE OF THE CITY OF
(94)
NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAP NO.
23 SO AS TO REDUCE THE BAYSIDE
SETBACK OF LOT 1, TRACT NO.
802, FROM FIFTEEN FEET TO ZERO
FEET, WITH THE EXCEPTION THAT
A TRIANGULAR AREA IN THE
NORTHEASTERLY CORNER OF THE
SITE, MEASURING THIRTY -FIVE
FEET ALONG THE BAY AND
EIGHTEEN FEET ALONG THE
EASTERLY PROPERTY LINE, SHALL
BE MAINTAINED AS A CLEAR,
UNOBSTRUCTED FRONT YARD
SETBACK (PLANNING COMMISSION
PCA 616
NO. 616). (Report from the
Planning Department)
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Volume 39 - 83
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(b) Proposed ORDINANCE NO. 85 -6, being, Ord 85
Zoning
AN AMENDMENT OF THE CITY OF (94)
NEWPORT BEACH ADOPTING THE
PLANNED COMMUNITY DISTRICT
REGULATIONS FOR THE JASMINE
PARK PLANNED COMMUNITY LOCATED
ON THE SOUTHWESTERLY CORNER OF
MARGUERITE AVENUE AND HARBOR
VIEW DRIVE, AMENDING A PORTION
OF DISTRICTING MAP NO. 32 SO
AS TO RECLASSIFY SAID PROPERTY
FROM THE R -1 -B DISTRICT TO THE
PLANNED COMMUNITY DISTRICT AND
ESTABLISHING SPECIFIC SETBACKS
ADJACENT TO JASMINE CREEK ON
SAID DISTRICTING MAP (PLANNING PCA 61
COMMISSION AMENDMENT NO. 615).
(Report from the Planning
Department)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 85 -12 supporting SB Financ
429 (Seymour), and endorsing the Legis]
creation of an Orange County Res 8'
Unified Transportation Trust Fund. (40/41
(Report from Public Works)
(b) Resolution No. 85 -13 supporting Offshi
mitigation measures for emissions Res 8'
from Offshore Oil Development. (87)
(Report from City Attorney)
(c) Resolution No. 85 -14 extending the Cncl J
expiration date for the City Balbo<
Council Ad Hoc Balboa Peninsula Zng Cz
Zoning Committee. Res 8:
(24)
3. CONTRACTS /AGREEMENTS:
-
(a) Authorize the Mayor and City Clerk Coast
to execute a Local Agency Wdng
Consultant Agreement with the Baysi
engineering firm of ASL Consulting McArtl
Engineers for the preparation of C -2501
final design plans, specifications (38)
and cost estimate (PS & E) for the
Coast Highway Widening Project
(Bayside Drive to MacArthur
Boulevard). (Report from Public
Works)
4. COMMUNICATIONS - For referral as
indicated:
(a) Removed from the Consent Calendar.
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(b) To Planning Department for
Cannery Vlg/
inclusion in the records, letter
AcFdn Sq Spc
from Central Newport Beach
krea. Pln
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Community Association President
(68)
regarding Cannery Village /McFadden
Square Specific Area Plan, Parking
Lot Location, Residential Meters.
(c) Removed from the Consent Calendar.
(d) To Parks and Recreation Department
R &B /Cmnty
for :inclusion in the records, a
Yth Ctr
copy of letter from Community Park
(62)
Advisement Committee regarding
proposed Community Youth Center.
(e) To Pending Legislation and
Legislation
Procedural Ethics Committee, letter
(48)
from California Assemblyman Art
Agnos regarding support for AB 168
(nonprofit charitable
organizations).
(f) Removed from the Consent Calendar.
(g) To Aviation Committee for inclusion
O/C-John Wyn
in the records, letters from Mrs.
Airport
Ann Norman, Mr. and Mrs. Kenneth W.
(54)
Knight, II, D. E. Bradbury, George
Hallock, and John T. Keating;
opposing Orange County /John Wayne
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Airport expansion.
Note: After the agenda was printed
a copy of a letter sent to the
Orange County Board of Supervisors
in support of airport noise
violation enforcement was received
from Margaret Howland; and comments
from John Dale Evans regarding
airport generated noise and
pollution.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Orange County Local Agency
Formation Commission Preliminary
Agenda of March 6, 1985.
(b) Orange County Division League of
California Cities Minutes of
January 10, 1985.
(c) Applications before the California
Public Utilities Commission
regarding:
Southern California Edison
.
Company (No. 85 -02 -042);
Volume 39 - Page 85
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MINUTES
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Trung Minh
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Catalina Passenger Service,
Inc. for fare rate increase
and
Southern California Gas
Company (No. 85 -02 -077 and
85 -02 -071).
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) William P. Klein seeking properr
damage for reimbursement, allegi.
City sewer line backed up at 10
Winged Foot Lane on February 14,
1985.
(b) Maurice Mandell II for damages a
reimbursement of impound fee and
loss of income, alleging various
peace officers published false
statements without justification
or about December 2.
(c) Bruce Eugene Wilson alleging
.personal injuries, false arrest,
City Police Officer at 223 Colli
Street, Balboa Island, on Novemb
17, 1984.
(d) Removed from the Consent Calenda
(e) Application for leave to present
Late Claim of Huyen Van Thi Bui
damages as a result of traffic
accident at Coyote Canyon Road,
feet south of Bonita Canyon on J
27, 1984, alleging City failed t
post maximum speed sign of 35 MPI
on roadway.
(f) Application for leave to present
Late Claim of Trung Minh Tran fo
damages as a result of traffic
accident at Coyote Canyon Road,
feet south of Bonita Canyon on J
27, 1984, alleging City failed t,
post maximum speed sign of 35 MP1
on roadway.
(g) Application for leave to present
Late Claim of Tu Hoang Le for
damages as a result of traffic
accident at Coyote Canyon Road,
feet south of Bonita Canyon on J1
27, 1984, alleging City failed t
post maximum speed sign of 35 MPl
on roadway.
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For rejection:
(h) Late claim of A. M. Hitchcock
Hitchcock
alleging for property damage to
vehicle as a result of rocks in
roadway at Superior Boulevard on
May 10, 1984.
(i) Return Claim /Deny Application for
Kaskla
leave to present Late Claim of Tina
Kaskla seeking indemnity for
damages incurred as a result of
traffic accident at intersection of
Campus and Bristol Streets on
October 23, 1983 (second amendment
complaint served October 26, 1984).
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Jo Ann Jolley, Orange County
Jolley
Superior Court, Case No. 45- 09 -81.
Claim was denied by City Council on
September 10, 1984.
(b) Charles Elwood Schmitz, Orange
Schmitz
County Superior Court, Case No.
43- 43 -81. Claim was denied by City
Council on October 22, 1984.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
•
(Report from the City Manager)
(a) Approve one Library Clerk II,
Library Department.
(b) Approve one Building Inspector II,
Building Department.
(c) Approve one Watermeter Man,
Utilities Department.
(d) Approve one Recreation
Clerk- Typist, Parks & Recreation
Department.
(e) Approve one Typist Clerk I, Parks &
Recreation Department, Senior
Citizen Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Personnel Director's response to
Personnel/
Newport Beach Firefighters'
J -1
Association regarding J -1 Policy.
(66)
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Volume 39 - Page 87
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March 11, 1985
INDEX
'B &R /Master
'ln /Upr Npt
3ay Park
(62)
)trC /Shelf
(87)
3PA 83 -1(a)
(45)
GPA 83 -1(d)
(45)
TMpTr 12245
TMpTr 11949
(b) Report from Planning Department
regarding MASTER PLAN FOR REGIONAL
PARKS IN UPPER NEWPORT BAY with
recommendation.
(c) Report from City Attorney regarding
OUTER CONTINENTAL SHELF REVENUES.
10. PUBLIC HEARING SCHEDULING - For March
25, 1985:
(a) GENERAL PLAN AMENDMENT 83 -1(a) - A
request initiated by the CITY OF
NEWPORT BEACH, to amend the LAND
USE.and RECREATION AND OPEN SPACE
ELEMENTS of the NEWPORT BEACH
GENERAL PLAN for the MARGUERITE
AVENUE, FIFTH AVENUE and BUCK GULLY
PARCELS. (Report from Planning
Department)
(b) GENERAL PLAN AMENDMENT 83 -1(d) - A
request initiated by the CITY OF
NEWPORT BEACH, to amend the LAND
USE ELEMENT of the NEWPORT BEACH
GENERAL PLAN for the FIFTH
AVENUE /MACARTHUR BOULEVARD PARCEL.
(Report from Planning Department)
(c) TRAFFIC STUDY and the TENTATIVE MAP
OF TRACT NO. 12245, requests of LDM
DEVELOPMENT, INC., Laguna Hills, to
consider a Traffic Study for a 47
unit single - family residential
development; and a request to
subdivide two existing parcels of
land into 47 numbered lots for
single- family attached residential
development, one numbered lot for
private recreational purposes, one
numbered lot for private open space
purposes, and one numbered lot for
public park purposes, on property
located in the R -1 -B District
(proposed to be rezoned to
P -C). Property located at 875
Marguerite Avenue, on the
southwesterly corner of Marguerite
Avenue and Harbor View Drive, in
Harbor View. (Report from Planning
Department)
(d) TENTATIVE MAP OF TRACT NO. 11949 -
A request of the BREN COMPANY,
Newport Beach, to subdivide two
existing parcels of land,
containing 16,06 acres, into eighty
numbered lots for single - family
detached residential development;
two lettered lots for public park
Volume 39 - Page 88
INDEX
'B &R /Master
'ln /Upr Npt
3ay Park
(62)
)trC /Shelf
(87)
3PA 83 -1(a)
(45)
GPA 83 -1(d)
(45)
TMpTr 12245
TMpTr 11949
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL
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MINUTES
INDEX
purposes; two lettered lots for
private open space purposes; and
three lettered lots for public
•
alley purposes. The proposal also
includes an exception to the
Subdivision Code so as to allow the
creation of interior lots which are
less than fifty feet wide and less
than 5,000 sq.ft. in area, and
corner lots which are less than
sixty feet wide and less than 6,000
sq.ft. in area. Property located
at 3400 Fifth Avenue, on the
northeasterly side of Fifth Avenue
between Marguerite Avenue and the
Newport Beach City Limits, in
Corona del Mar; zoned R -1 -B.
(Report from Planning Department)
(e) TENTATIVE MAP OF TRACT NO. 12209
rMpTr 12209
A request of IRVINE PACIFIC,
Newport Beach, to subdivide three
existing parcels of land and a
portion of vacated 5th Avenue,
containing 6.63 acres, into a
single lot for residential
condominium development for
property located at 6000 MacArthur
Boulevard, on the northeasterly
corner of MacArthur Boulevard and
East Coast Highway, in Corona del
Mar; zoned P -C and C -1. (Report
.
from Planning Department)
Appeal Applications:
(f) The Irvine Company - Planned
CA 614
Community Development Plan
(Amendment No. 614) for Bren Corona
del Mar Cottage Homes and related
Traffic Study.
(g) The Irvine Company - Planned
PCA 612
Community Development Plan
(Amendment No. 612) for Irvine
Pacific Brisa del Mar Apartments,
and related Traffic Study.
(h) Donald L. Bendetti - Variance No.
�ariance
1119 on property located at #1
119
Harbor Island Drive. Request to
(91)
permit the construction of single
family dwelling in the R -1 District
which exceeds two times the
buildable area of the site. The
proposal also includes a
modification to the Zoning Code so
as to allow the proposed structure
to encroach 15 feet into the
•
required 15 -foot yard setback.
Volume 39 - Page 89
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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11. RESUBDIVISION NO. 765 - (Lots 4 -6, Block
tesub 765
3, Balboa Bayside Tract, located at 503
Edgewater Place on the southeasterly
corner of Edgewater Place and Adams
Street, in Central Balboa); approve a
subdivision agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 765; and
authorize the Mayor and City Clerk to
execute the said Agreement. (Report
from Public Works)
12. REQUEST OF ROBERT ZAPFEL 6 ANGELA KRAUS
Permit/
OF #12 NAPOLI - To construct planters
Nonstd impvm
and landscape within a City public
(65)
utility easement located along their
westerly property line; approve issuance
of an encroachment permit for
construction of non - standard
improvements; approve the agreement for
non- standard improvements; and authorize
the Mayor and City Clerk to execute the
said agreement; and direct the City
Clerk to have the agreement recorded
with the Orange County Recorder.
(Report from Public Works)
13. (This item was deleted after the agenda
was printed) -
NON- STANDARD IMPROVEMENT AGREEMENT
- For the installation of two
•
monument identification signs in
the Newport Center Drive median
northerly of Coast Highway;
authorize the Mayor and City Clerk
to execute a non - standard
approvement agreement with The
Irvine Company for the installation
of two monument identification
signs in the Newport Center Drive
median northerly of Coast Highway.
(Report from Public Works)
14. ARTERIAL HIGHWAY FINANCING PROGRAM
AHFP
(AHFP) C -2492 - Endorse the
C -2492
recommendations in the staff report
(38)
regarding the AHFP and bridge program.
(Report from Public Works)
15. IRVINE TERRACE SCREEN WALL ALONG COAST
Irvine Trc/
HIGHWAY FROM JAMBOREE ROAD TO ZAHMA
Screen Wall
DRIVE (C -2498) - Approve the plans and
C -2498
specifications; and authorize the City
(38)
Clerk to advertise for bids to be opened
at 3:00 p.m. on March 27, 1985. (Report
from Public Works)
Volume 39 - Page 90
C�i►i UOTIAM, 4 79•Iaa l _T
COUNCIL MEMBERS
c �
c�
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MINUTES
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16. BALBOA ISLAND BUSINESS ASSOCIATION
Permit/
APPLICATION - Approve placement of
Balboa Is
banner across Balboa Island Bridge from
BusAssn
•
present time to April 6, 1985,
Banner
designating Easter Week Raffle. (Report
(65)
from Business License)
17. Removed from the Consent Calendar.
18. BUDGET AMENDMENTS - For approval:
(25)
BA -075, $500 - Transfer in Budget
Appropriations to provide for
preventative maintenance service
contract for heating, ventilation, air
conditioning system at the Corporation
Yard for March through June; General
Services - Building Maintenance Fund.
BA -076, $300 - Transfer in Budget
Appropriations to purchase television to
replace inoperable television used by
trust prisoners; Police- Administrative
Fund.
BA -077, $1,000 - Transfer in Budget
Appropriations to provide for donation
to Ruth Stoever Fleming Art Collection;
Nondepartmental Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
•
1. Request from Michael J. Christianson
Legislation/
regarding adoption of Proposed Amendment
Smoking Reg
of City of Newport Beach Municipal Code
(48)
Regulating Smoking in Public Areas and
Work Places, and letters in support from
Mrs. John F. Skinner and Bonnie
Jeannette, and City employee Irene
Butler; and after the agenda was
printed, a letter from City employee
Maxine Broback against regulating
smoking, were presented.
Motion
x
Motion was made to direct the City
Attorney to prepare an Ordinance
regulating smoking in public places for
consideration at a future Council
meeting.
Jeff Jeannette, 400 Santa Ana Avenue,
Newport Beach, addressed the Council and
spoke in favor of the proposal.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Abstain
x
Volume 39 - Page 91
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL O GROLL Gs`r ` March 11, 1985
MINUTES
IWWA
2. Copy of letter to Curci- Turner Company Lido Mobile
from Fred and Marilyn Arnold regarding Home Prk/
Lido Mobile Home Park lease, was (68)
•
presented.
Motion
x
Motion was made to refer the subject
All Ayes
letter to the City Attorney for response
with draft of said response to be
approved by City Council.
3. HARBOR PERMIT APPLICATION Harbor Perm
#124 - 3400 /DUNCAN MCINTOSH - Approve pl#124 -3400
application subject to conditions listed (51)
in the staff report to temporarily
revise section of the commercial docks
at Lido Village, was presented with a
report from Marine Department.
Council Member Strauss expressed his
concerns with the number and size of
boat shows held at Lido Marina Village.
He stated that the City is attempting to
control water pollution, which is going
to be difficult if the number of boat
shows continue to increase. As a result
of more boat shows, the traffic and
parking problems also increase in that
area. He stated he would rather see the
City Council consider phasing out the
number of boat shows, rather than
expanding them.
*n
x
Following comments, motion was made to
A Ayes
approve the subject application, but
that the fire Marshall be requested to
report back as to the number of boat
shows he feels should be allowed at Lido
Marina Village per year.
4. Letters received from concerned citizens Girl Scouts/
regarding proposed plan to eliminate the Misc. Reqst
Girl Scout House at 1700 Balboa (52)
Boulevard in order to alter the land use
in the area between 15th and 18th
Streets, Balboa Boulevard and the bay,
were presented.
Motion
x
Motion was made to refer the subject
All Ayes
letters to the Mariners Park Ad Hoc
Committee for reply.
5. Application for leave to present Late ronsky/
Claim of Art Gronsky for property damage Claim
as a result of City truck backing into (36)
claimant's parked vehicle at 711 W. 17th
Street, Costa Mesa, on July 30, 1984,
was presented.
•
Volume 39 - Page 92
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL March 11, 1985
MINUTES
fTrilT l
Motion
x
Motion was made to grant the Application
All Ayes
for Leave to Present Late Claim; but to
deny the claim as recommended by the
•
City Attorney.
H. ORDINANCES FOR ADOPTION:
1. ORDINANCE No. 85 -3, being,
Ord 85 -3
Bus Lic/
AN ORDINANCE OF THE CITY OF NEWPORT
Alarm Sys
BEACH AMENDING CHAPTER 5.49 OF THE
(27)
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO THE REGULATION OF
ALARM SYSTEMS AND PERMITS TO
INCLUDE ALARM SYSTEMS INSTALLED AND
OPERATED ON VESSELS,
was presented for second reading with
report from Police Department dated
February 11, 1985.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
85 -3.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from Executive Assistant
roup W
regarding GROUP W CATV REBUILD, was
Cable
.
presented.
(42)
The Executive Assistant advised that, as
a result of Group W's rebuild, a
combination of above - ground and
underground facilities is being
installed and /or replaced. With an
emphasis upon longterm reliability,
Group W has been installing above - ground
pedestals to house the primary
connections. Such pedestals are
considered to be the best protection
against water damage, which has been a
major problem with the older system. An
attempt has been made by Group W to
place the pedestals in unobtrusive
locations; however, there are some areas
of the City where such locations do not
exist.
The Executive Assistant further advised
that in recent weeks, many complaints
have been received from homeowners in
the Mariners area, who object to the
aesthetic ,appearance of the pedestals in
open locations.
Volume 39 - Page 93
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL\\U'\(�P
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MINUTES
INDEX
It was recommended by staff that Group W
Group W
Cable Company be directed to install
Cable
flush - mounted vaults, rather than
pedestals within the City.
James W. Bequette, District Manager,
Group W, addressed the Council and
stated that they have visited the area
of the City identified as Area VI
(Mariners) of their upgrade program, and
do not find the Group W pedestals to be
as unpleasant to the eye as those items
installed by other utilities.
It was stated by Mr. Bequette that Group
W Cable is spending over $2 million to
provide long -term, high quality pictures
to residents of Newport Beach, and it
was this long -term quality commitment
which led to the selection of the
pedestals as the best alternative. They
are also willing to consider alternate
construction methods if the Council
finds the pedestals objectionable.
Michael McDonald. District Engineer,
Group W Cable, addressed the Council and
explained their reasons for selecting
pedestal boxes. He stated that active
electronic equipment must be placed
above - ground, and that they have only
received eight formal complaints against
the placement of pedestal boxes in the
Mariners area.
A pedestal box was displayed for
Council's view, and Mr. McDonald
answered questions regarding same.
Motion
x
Following discussion, motion was made to
continue with the installation of
pedestal boxes, where appropriate and
acceptable, but that said existing
pedestal boxes be removed and replaced
with flush- mounted boxes when requested
by a subscriber.
Kendrick Kenney, resident of
Mariners /Weatcliff area, addressed the
Council and stated that he has talked
with twenty of his neighbors, all of
whom do not like the pedestal boxes and
feel the flush street -type should be
installed. He stated that he lives in
an underground utilities restricted
area, which he paid for when he bought
his home and which he now feels is being
circumvented. He also felt the pedestal
boxes were not only unsightly, but
hazardous as well.
Volume 39 - Page 94
COUNCIL MEMBERS.
s .0 3 ti ti v
0'f 9 <G�i 9G.p 99� 9� CAF
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Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
0
0
MINUTES
March 11, 1985
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Cliff Kopitzke, 1105 Pembroke Lane,
addressed the Council and stated that he
has a three foot high metal box in his
,to
ab
parkway, which is a blight on the
neighborhood. He urged the Council to
take action to have it removed.
Mr. Scott, 1129 Pembroke Lane, addressed
the Council and stated that the pedestal
boxes are not water - proof, and that they
can be flush- mounted and placed
underground. He suggested this item be
referred back to staff for further
review.
x
Following comments by Council Member
Cox, substitute motion was made to
direct installation of flush- mounted
boxes only, except in areas where water
seepage would require the boxes above
ground.
K. ADDITIONAL BUSINESS:
X
1. Motion was made to schedule public
M,
hearing for March 25, 1985, on Traffic
Study for Tentative Map of Tract No.
12245.
X
2. Motion was made to confirm (District 2)
EQ
Mayor Pro Tem Plummer's appointment of -
Susan Boyd to Environmental Quality
Citizens Advisory Committee for a term
ending December 31, 1985.
Meeting adjourned at 10:10 p.m.
Mayor
ATTEST:
City Clerk
�.. X,
�x
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