HomeMy WebLinkAbout10/15/1985 - Regular MeetingCOUNCIL MEMBERS
C J q \11,� S 9 REGULAR COUNCIL MEETING
GF �PLACE: Council Chambers
TIME: 7:30 P.M.
t^D1 d' tn9 DATE: October 15, 1985
MINUTES
Presentation of,1984 Special Citation Award
to City of Newport Beach for Outstanding
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Pedestrian Activities was made by 0. E.
Schroeder, District Manager of American Auto
Association.
Present
x
x
x
x
x
x
x
A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of September 23, 1985, was
waived, approved as written and ordered
filed.
C. The reading in full of all ordinances
and resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Maurer opened the public hearing U/P 3164
and City Council review of an appeal by Rendezvous
RENDEZVOUS CONDOMINIUM ASSOCIATION, Condominium
INC., Newport Beach, from the decision Griswold °s
of the Planning Commission on August 22, (88)
1985, approving USE PERMIT NO. 3164, a
request of GRISWOLD °S DEVELOPMENT to
permit the establishment of a restaurant
with on -sale alcoholic beverages and
live entertainment on property located
at 611 East Balboa Boulevard, on the
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southwesterly corner of East Balboa
Boulevard and Washington Street, on the
Balboa Peninsula; zoned C -1. The
proposal also includes a modification to
the Zoning Code so as to allow the use
of tandem and compact parking spaces in
conjunction with a full -time valet
parking service.
Report from the Planning Department, was
presented.
Appeal Application from Rendezvous
Condominium Association, Inc., was
presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from the Rendezvous Condominium
Association, the appellant, requesting
this hearing be continued to November
12, 1985, for the reasons set forth in
their letter.
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The City Clerk also advised that a
letter was received from Bette Nokel,
Rendezvous
Condominium/
600 E. Ocean Front, opposing the
Griswold's
proposed development, and two letters in
support of the project from the Balboa
Improvement Association and Balboa
Peninsula Point Association.
Jerry King, No. 1 Civic Plaza, Newport
Beach, representing the applicant,
Griswold's Development, addressed the
Council and requested they uphold the
decision of the Planning Commission and
approve the proposed restaurant. He
stated it was the applicant's intent to
convert the Bank of America building to
a sit -down restaurant with incidental
entertainment and alcoholic beverages.
He stated that they have worked with
various associations in the area, such
as the Balboa Improvement Association
and Balboa Peninsula Point Association,
and have their endorsements for the
project. He stated that the applicant
has volunteered to construct a block
wall at the alley and down the side
property line to further enclose the
parking area and reduce noise to
adjoining properties. If their project
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is approved, they would like to be able
to step the wall down, as the wall
reaches the front of the lot.
Reference was made to the request for
continuance by the Rendezvous
Condominium Association by Mr. King,
noting that said association would like
to have an acoustical engineering
evaluation of the existing Bank of
America building prior to City Council
action. The applicant does not feel
such a study is required at this time,
inasmuch as Condition of Approval No. 9
states "that a licensed acoustical
engineer shall certify to the Planning
Department that the operation of the
restaurant will not increase the ambient
noise levels beyond the boundaries of
the subject property, especially during
the hours when live entertainment is
featured," and that the acoustical test
should be done at the time the
restaurant is to open.
Mr. King stated that they are in
agreement with the findings and
recommendations of the staff, and would
hope the City Council approves the
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proposal.
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Raymond Sanford, representing the
Rendezvous
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applicant Griswold's Development,
Condominium/
addressed the Council and stated that
Griswold's
Griswold's have a reputation of
operating "fine" restaurants and hotels.
He stated that they have never had any
problems with the State Alcoholic
Be,4erage Control Board, and they are
also noted for their restoration of
historical buildings. They are
presently restoring the Balboa Inn and
would like to restore the Bank of
America building. They want to improve
the quality of life in the Balboa
commercial area. With respect to live
entertainment, they will be catering to
the 40 -years old and up age group, and
will have no amplified music.
Jack Prebicin, President, Rendezvous
Condominium Association, addressed the
Council and requested continuance until
an acoustical evaluation has been
completed by John J. Van Houten,
Professional Engineer, who they have
hired at their expense. He stated
their main concern is that their
building is only separated by a 10 -foot
alley from the Bank of America building,
and the 6 -foot wall proposed will be
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below many of their bedroom windows.
They are very concerned about noise they
feel will be heard as a result of the
proposed restaurant, and would urge the
City Council to not approve the proposal
until the acoustical report has been
submitted.
The following residents of the
Rendezvous Condominiums addressed the
Council and spoke in opposition.to the
proposed restaurant:
Hazel Jones
Ed Lynch
Mary Jane Sanborn
Mr. Prebicin addressed the Council
again, and submitted a map showing the
location of the Rendezvous Condominiums
in relation to the Bank of America
building. A list of suggested
additional restrictions on the Use
Permit was also presented by Mr.
Prebicin.
Mr. King addressed the Council again, in
response to the suggested additional
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conditions, and stated that they are
willing to meet with the acoustical
engineer and staff in order to resolve
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any possible noise problem, and to
Rendezvous
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comply with City standards and
Condominium/
conditions imposed by the Planning
riswold's
Commission. With regard to live music,
they propose to have only side -music
such as a piano player, harpist and
the like. Pertaining to closure of
windows, they have no objection to
permanently welding the windows in a
closed position, providing that it a
determination of the City's Fire
Department. Pertaining to the side
entry door, it will be used only as an
emergency fire exit and will remain
closed at all times during normal
operations.
Hearing no others wishing to address the
Council, the public hearing was closed.
lotion
x
Motion was made to sustain the decision
of the Planning Commission and approve
Use Permit Ho. 3164, subject to the
following changes:
1) That the closing hours of
operation be at 12:30 a.m. on
weekdays, and 1:00 a.m. on
weekends;
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2) That windows be permanently
welded in a closed position,
subject to approval of the Fire
Department;
3) That prior to the issuance of a
building permit, a licensed
acoustical engineer shall prescribe
the steps required to maintain the
sound outside of the building at
existing ambient levels; prior to
the finalization of the building
permit, the same acoustical
engineer shall certify to the
Planning Department that said
prescribed measures have been
incorporated into the design of the
building and that existing outside
ambient noise levels will not be
exceeded;
4) That removal of trash, empty
beverage containers and other items
associated with the restaurant /bar
business from the building and
commercial trash pickup from the
site, shall be accomplished only
between the hours of 8 a.m. and 5
.
p.m.;
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5) The applicant shall construct a
masonry wall adjacent to the
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parking lot along the rear property
line and down the westerly side
property line. The wall shall be
six feet in height, except for that
portion adjacent to the existing
front yard setback of the
commercial building to the west
where said wall shall be reduced to
a height of three feet.
Motion
x
Motion was made to amend the foregoing
motion to change the hours of closing on
weekends to 2 a.m.
Ayes
x
x
x
x
x
The above amendment was voted on and
Noes
x
x
carried.
Ayes
x
x
x
x
x
x
The motion, as amended, was voted on and
Noes
x
carried.
2. Mayor Maurer opened the public hearing
U/P 3166
and City Council review of a TRAFFIC
Npt Lido
STUDY and USE PERMIT NO. 3166, requests
Medical/
of NEWPORT LIDO MEDICAL CENTER, Los
Traffic Std)
Angeles, to permit the construction of
(88)
an 85,170 sq. ft. medical office
building on property located in A -P
District which exceeds the basic height
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limit in the 32/50 Foot Height
Limitation District. The proposal also
includes a modification to the Zoning
Code so as to allow the use of compact
size parking spaces for a portion of the
required off - street parking, and the
acceptance of an Environmental Document.
Located on property at 351 Hospital
Road, on the northeasterly corner of
Hospital Road and Placentia Avenue,
across from Hoag Memorial Hospital.
Report from the Planning Department, was
presented.
Letters from Darel, Martha, David and
Hansel Benvenuti requesting denial of
Use Permit No. 3166, were presented.
Jerry King, No. 1 Civic Plaza, Newport
Beach, representing the applicant,
addressed the Council and described the
proposal as exhibited in a model on
display.
He stated that the project includes 80
additional offices and comprehensive
.
remodeling of the existing structure,
and a three level subterranean parking
garage which will house 648 vehicles.
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Discussion ensued, wherein Mr. King
Npt Lido
answered questions regarding: 1)
Medical/
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Condition No. 75 requiring applicant to
Traffic Stdy
record a covenant, 2) access into the
property from Hospital Road, and 3)
Condition No. 7 pertaining to erosion,
siltation and dust control plan.
Dr. Norman W. Specht, 351 Hospital Road,
addressed the Council and stated that he
has had his practice in the Park Lido
building for over 10 years, and is very
concerned about the proposed
construction, particularly the noise,
and the loss of parking during the
construction period. He stated he felt
some type of safeguards should be
imposed to protect the patients that use
their building for medical treatment and
service.
Dr. Arthur Strick, 351 Hospital Road,
addressed the Council and stated that he
has had his office in the Park Lido
building for over 16 years, and that he
was also very concerned about their
parking lot being "torn up" during the
construction period. He stated that
many of their patients are very old and
should not be subjected to the
inconvenience the proposed project will
bring. He does not feel that the
patients will appreciate parking away
from and being "shuttled" to their
office, and then back to their cars
again. He also stated he did not feel
that all the doctors in the Park Lido
building were in agreement with the
proposal. He further felt the
construction will affect the normal
course of business and the practices of
every tenant in the building, in
addition to increasing the cost of
medical care.
Mr. King addressed the Council again and
stated that they are cognizant of the
concerns of the medical professionals in
the Park Lido building; however, it will
take a cooperative effort of all parties
concerned to minimize the problems and
speed the development of the project.
They are taking what steps they feel are
necessary to make it a smooth
transition.
Hearing no others wishing to address the
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Council, the public hearing was closed.
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Motion
x
Motion was made to sustain the decision
yes
of the Planning Commission, with the
following changes:
1) That the words "if required" be
deleted from Condition of Approval
No. 7;
2) That the words "and City
Council" be added after the words
"Traffic Engineer" in Condition of
Approval No. 34.
3. Mayor Maurer opened the public hearing
Ambulance
regarding PROPOSED INCREASE IN AMBULANCE
(22)
SERVICE RATES.
Report from Executive Assistant, was
presented.
The City Manager advised that the rate
increase being requested by Seal's
Ambulance Service is consistent with the
Consumer Price Index increase if applied
to the rates as established in 1983.
The base rate being requested is $96.00,
and $6.00 per mile or fraction thereof.
It is the opinion of the staff that the
rate increase is justified; however, as
noted in a memo from the Fire
Department, it has become necessary to
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open ambulance services to more
competition. The exclusive arrangement
now enjoyed by Seal's will be bid for by
other providers within the next few
months, and if the Council desires, the
present request can be disapproved at
this time until a new rate structure
will be considered after the completion
of the competitive process.
Larry Seal of Seal's Ambulance,
addressed the Council and stated that
their basic rate for cities other than
Newport Beach is $96.00, and $6.00 per
mile. The City of Newport Beach is
presently being charged $75.00 for the
basic rate and $5.00 per mile. He
stated that his insurance premiums have
doubled, rent has increased, employee
wages have increased, and therefore, he
needs to increase his rates in order to
continue providing quality service. He
added that the City of Newport Beach's
ambulance rates are the lowest in Orange
County.
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Bruce Tovar, representing Schaefer
Ambulance Service, addressed the Council
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in support of the request of Seal's
Ambulance Service, stating he felt the
proposed increase was not only
justified, but reasonable.
Sherman Ninburg, 250 Cagney Lane,
Newport Beach, also addressed the
Council in support of the request of
Seal's Ambulance.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
s 85 -81
Ayes
x
x
x
x
x
x
85 -81 amending the rates for ambulance
Noes
x
service within the City and rescinding
Resolution No. 83 -96.
4. Mayor Maurer opened the public hearing
Vacation/
regarding VACATION AND ABANDONMENT OF A
Abandmt
SEWER EASEMENT THROUGH PROPERTY LOCATED
Swr Esmt/
AT 1011 and 1021 KINGS ROAD.
Kings Road
(90)
Report from Public Works, was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
n
x
Motion was made to adopt Resolution No.
Res 85 -82
Ayes
85 -82 ordering the vacation of the
subject sewer easement; and direct the
City Clerk to have said resolution
recorded by the Orange County Recorder.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as
All Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
Pass to second reading on October 28,
1985 -
(a) Removed from the Consent Calendar.
Schedule for public hearing on November
12, 1985 -
(b) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
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(a) Removed from the Consent Calendar.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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3. CONTRACTS/AGREEMENTS:
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(a) STREET LIGHT CONVERSION PROGRAM,
Street Ltg
PHASE I, AIRPORT AREA (C -2521) -
Cnvsn Ph I
Approve a budget amendment to
Arprt
provide funds for award; and award
C -2521
Contract No. 2521 to Sierra Pacific
(38)
Electrical Contracting Inc., in the
amount of $37,930; and authorize
the Mayor and the City Clerk to
execute said contract. (Report
from Public Works Department)
(b) BALBOA PENINSULA POINT SEWER
Balboa
REPLACEMENT (C -2497) - Award
Foals. Pt
Contract No. 2497 to E. J. Vadnais
Swr Rplcm
for the total price of $647,437.57
C -2497
and authorize the Mayor and the
(38)
City Clerk to execute the contract,
all subject to execution of a
cooperative agreement by County
Sanitation District No. 5 of Orange
County. (Report from Public Works
Department)
(c) ACCEPTANCE OF AN AMENDED OFF -SITE
U/P 3076/
PARKING AGREEMENT for a portion of
Amnd OfSt
the parking spaces required in
Pkg Agmt
conjunction with USE PERMIT NO.
(88)
3076, a request of Howard
is
Properties, Newport Beach, to
convert an existing commercial
building located at 503 Edgewater
Place, Central Balboa, into a
restaurant with on -sale alcoholic
beverages, live entertainment and
dancing. (Report from the Planning
Department)
(d) CORONA DEL MAR BEACH CONCESSION
CdM Beach
AGREEMENT (C -1920) - Authorize the
Concession
Mayor and the City Clerk to execute
C -1920
an agreement with Kilmer
(38)
Enterprises to operate the
concession at Corona del Mar State
and City Beach Park for the period
of January 1, 1986 to December 31,
1990. (Report from Parks, Beaches
and Recreation Director)
(e) Consent of the City to Sale of
Marinapark
Mobilehome and Trailer Park Space
MH Cnvnt
No. 5 -D at Newport Marinapark
Sale #5 -D
Mobilehomes.
C -1546
(38)
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CITY OF NEWPORT BEACH
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4. COMMUNICATIONS - For referral as
indicated:
(a) To Pending Legislation and
Legislation
Procedural Ethics Committee,
(48)
communication from Southern
California Coordinator National
Democratic Policy Committee,
regarding legislation on AIDS
crisis.
(b) To General Services for response,
Garbage/
letter from Ruth Mang and William
Trash
E. Kelcey, regarding smell and acid
(44)
drainage from trash bin and
suggesting installing drainage
system in Gelson's Market.
(c) To Public Works for reply, letter
PW /r -o-w
from David L. Cox, D.C., regarding
Cliff Dr.
any changes of public right -of -way
(74)
in front of 2957 Cliff Drive.
(d) To Parks, Beaches and Recreation
PB &R
Department for inclusion in the
(62)
records, letter from Parents'
Support Group, Newport Beach
Aquatics, commending Dan Iwata,
Recreation Supervisor for his
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excellent service in swimming
activities.
(e) To Pending Legislation and
Legislation
Procedural Ethics Committee, letter
(48)
from Citizens Leading Effective
Action Now, requesting support for
A.B. 365 (prosecutable definition
of obscenity).
(f) To Planning Department for
Planning
inclusion in the records, letter
(68)
from Judy B. Rosener, concerning
shipyards doing business in Newport
Harbor, and primary coastal
dependent uses of land.
(g) To Pending Legislation and
Legislation
Procedural Ethics Committee, letter
(48)
from Mayor of City of Carson,
urging support for League of
California Cities Resolution No. 71
(property tax revenues from
undeveloped annexing areas).
(h) Removed from the Consent Calendar.
(i) To Aviation Committee for inclusion
O/C -John
in the records, letter from Phil
Wayne Arprt
Greyshock regarding John Wayne
(54)
Airport Expansion.
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COUNCIL MEMBERS
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5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Russell W.
Carpenter to Lido Sands Community
Association, opposing changing the
street name of Bruce Crescent to
Lido Sands Drive because of the
expense involved to the taxpayers,
City and Federal government (see
reply from Bettie and Don Davis).
(b) Local. Agency Formation Commission,
Minutes of July 31 and September
11, and Preliminary Agenda of
October 2, 1985.
'(c) Application before the California
Public Utilities Commission
regarding Southern California Gas
and Pacific Lighting Gas Supply
Companies application, (No.
85 -09 -034) notice of public
hearing.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Regarding oil well fire on August
.
2, 1985:
Hal Barlow for property damage to Barlow
his boat, as well as to car.
Louis Cassesso for property damages assesso
to residence at 44th and Balboa
Streets,
Craig Drageset for property damage Drageset
to his car.
Farmers Insurance Group /Fay Farmers Ins
Phillips for property damage to Grp/
residence at 4401 Channel Place. Phillips
Carlos and Diane Gonzales for Gonzales
property damage to residence at
133 - 133/'-8 -44th Street.
S. E. McGraw for property damage to McGraw
his boat.
Newport Beach Townhouse Owners Newport Bch
Association for property damages on Townhs Assn.
boat deck, as well as each
individual boat.
Frank E. Obulien for damage to his Obulien
boat slip rental.
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Tom Roletti for property damage to
his personal belongings, alleging
Roletti
loss of food, hotel expenses, etc.
Southern California Edison Company
So CA Edsn
for cost of personnel and equipment
used in protection of electrical
facilities.
(b) Edward Aguayo for personal
Aguayo
injuries, alleging tires from
Lifeguard jeep struck him while at
beach on September 14, 1985.
(c) John R. Boss seeking indemnity from
Boes
claim filed by Newport Mesa Unified
School District.
(d) Muriel P. Griffith alleging reading
Griffith
glasses were broken as a result of
trip and fall on sidewalk at
Newport Boulevard near Finley
Avenue on September 19, 1985.
(e) Mike Macey (City employee) for
Macey
property damage to his vehicle
which was parked at Fire Station #3
(865 Santa Barbara Drive) when a
large section of plywood was
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uplifted by returning paramedic
helicopter, denting claimant's
front left fender, roof and
resultant numerous scratches on
September 25, 1985.
(f) Richard L. Rhinehart seeking
Rhinehart
reimbursement for damage to doors
and paint at 926 Aleppo Street, as
a result of doors knocked down by
paramedics responding to emergency
call on September 22, 1985.
(g) Bill Speich alleging plumbing
Speich
damaged as a result of City
installing water main in immediate
area of 1506 S. Bayfront
approximately 3 to 4 months ago.
(h) Edward Jason Stone alleging
Stone
wrongful arrest June 25 to July 1,
1985, for physical and emotional
distress, loss of income and
attorney fees.
(i) John L. Welker alleging operator of
Welker
gate at Corona del Mar State Beach
accidently let gate close and
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caused damage to his vehicle on
August 20, 1985.
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(j) Western Lot Clearing, Inc. alleging
Western
a low overhanging tree struck top
Lot Clearg.
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of claimants truck and caused
damage while under contract with
City at 1300 block of Bayside Drive
on June 17, 1985.
(k) Williamson and Schmid seeking
Williamson/
indemnity from claim filed by
Schmid
Gordon Kilmer.
(1) Sean M. Wolf alleging physical
Wolf
abuse by police department at 21st
and West Ocean Front on August 21,
1985, and seeking reimbursement of
medical expenses.
(m) David Van Fleet and Cynthia Van
Vat9 P168t
Fleet seeking indemnity and
comparative indemnity from claim
filed by Catherine Tessier at Ocean
and "E" Street on August 15, 1985.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Dorothea Ferrara, United States
Ferrate
District Court, Case No. 85 -6025.
(b) Timothy Hammer, for deprivation of
Hammer
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Civil Rights and demand for jury,
United States District Court, Case
No. 85 -6249.
(c) Dean and Marcella Phillips, for
Phillips
damages, Orange County Superior
Court, Case No. 46- 91 -25. Claim
was denied by City Council on
August 26, 1985.
(d) Patrick Toomey for interference
Toomey
with contractural rights, etc.,
Orange County Superior Court, Case
No. 45- 98 -14. Claim was denied by
City Council on January 28, 1985.
(e) Lynne Valentine regarding traffic
Valentine
accident with City employee Earl
William Frost, Orange County
Superior Court, Case No. 46- 81 -26.
Claim was denied by City Council on
April 22, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Police Clerk, Police
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Records Section.
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CITY OF NEWPORT BEACH
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(b) Approve one Police Officer, Patrol
Division.
(c) Approve one Refuse Crewworker,
Refuse Division.
(d) Approve one Equipment
Serviceworker, Equipment
Maintenance Division.
(e) Approve one Associate Planner,
Current Planning Division.
(f) Approve one Assistant Planner,
Planning Department.
(g) Approve one Library Clerk II,
Library Department.
(h) Approve one City Librarian, Library
Department.
(i) Approve one Telecommunications
Technician, Utilities Department.
9. STAFF AND COMMISSION REPORTS -
For City Council approval:
•
(a) Report from Executive Assistant to
the.City Manager recommending the
Historical
Property/
JOLLY ROGER RESTAURANT on Balboa
Jolly Roger
Island be designated as HISTORICAL
(35)
PROPERTY.
(b) Report from the Planning Department
Community
recommending transmittal of a
Dev BGF /HUD
three -year and a one -year Housing
(87)
Assistance Plan (HAP) to the
Department of Housing and Urban
Development (HUD) as required by
HUD in order to receive the next
three years of COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
(c) O'Donnell and Gordon (C -2331) -
O'Donnell/
Estimate of Legal Services for the
Gordon
months of October 1 through
C -2331
November 30, 1985. (Report from
(38)
City Attorney)
(d) Report from Data Processing
Data Procsg
Division concerning the status of
(40)
the Phase II Data Processing
Program.
For City Council information:
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(e) Report from Police Department -
ehicles/
Iraffic
Status of three - Wheel Bicycle
Ordinance Enforcement.
(85)
Volume 39 - Page 391
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COUNCIL MEMBERS
\CALROLL October 15, 1985
MINUTES
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10. PUBLIC HEARING SCHEDULING:
None.
11. TRACT NO. 11041 - A portion of Block 56,
Tr 11041
Irvine's Subdivision, generally bounded
by Bison Avenue, Jamboree Road, Ford
Road and MacArthur Boulevard; authorize
the City Clerk to release Labor and
Materials Bond and the Faithful
Performance Bond (Bond No. B392094); and
authorize the City Clerk to release the
Monumentation Bond (Bond No. B392120).
(Report from Public Works)
12. ACCEPTANCE OF IMPROVEMENTS IN
Resub 777
RESUBDIVISION NO. 777 - Accept the
(84)
public improvements constructed in
conjunction with Resubdivision No. 777
(Parcel No. 1 of Parcel Map 130 -20,
Resubdivision No. 590 located at 1821
West Bay Avenue, on the southerly side
of West Bay Avenue on the Balboa
Peninsula); authorize the City Clerk to
release the Faithful Performance Surety
in the form of a $300 cash deposit
(accepted by the Finance Department on
October 1, 1984, Receipt No. 07716,
Account No. 02- 217 -02); and authorize
.
the City Clerk to release the Labor and
Materials Surety in six months provided
no claims have been filed (accepted by
the Finance Department on October 1,
1984, Receipt No. 07716, Account No.
02- 217 -02). (Report from Public Worka)
13. 1985 -86 STREET AND ALLEY SLURRY SEAL
St /Alley
PROGRAM (C -2503) - Approve the plans and
Slurry S1
specifications; and authorize the City
'85 -'86
Clerk to advertise for bids to be opened
C -2503
at 11:00 a.m. on October 31, 1985.
(38)
(Report from Public Works)
14. EXTENDED CONSTRUCTION HOURS AT 2901 WEST
PW /Extud
COAST HIGHWAY (JOHN DOMINIS RESTAURANT)
Cnstrctn
- Approve structurally required
Hrs /Dominis
monolithic concrete pour be scheduled
(74)
6:00 p.m. Friday, November 8 through
noon, Saturday, November 9, 1985.
(Report from Public Works)
15. PARRS, BEACHES AND RECREATION COMMISSION
Boards/
- Accept with regret, the resignation of
Commissions
Earle V. King, effective September 25,
(24)
1985, and direct the City Clerk to
include vacancy for nomination at City
Council meeting on October 28, 1985.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL -'0'F ROLL �n F9 F9 October 15, 1985
MINUTES
uinc v
16. SPECIAL EVENT PERMITS - For approval,
Permits/
•
subject to conditions in staff reports
from Business License:
Spcl Events
(65)
(a) Hobie Regatta at Balboa Pier
on October 26 and 27, 1985
from 9 a.m. to 5 p.m.;
(b) Hoag Hospital 5K and 1OK Run
for October 27, 1985;
(c) Parks, Beaches and Recreation
tOK Run on November 9, 1985;
(d) Private Party in Big Canyon on
October 19, 1985 from 8 p.m.
to 1 a.m.
17. BUDGET AMENDMENTS - For approval:
(25)
BA -034, $90,000 - Increase in Budget
Appropriations for installation of
traffic signal at the intersection of
Newport Center Drive and Santa Cruz
Drive; Contributions Fund.
BA -035, $7,000 - Increase in Budget
Appropriations and Estimates for traffic
signal controller replacement in Newport
Center (contribution from Irvine
•
Company); Contributions Fund.
BA -036, $37,930 - Increase in Budget
Appropriations and Revenue Estimates for
street light conversion program, Phase
I, airport area (State of California to
reimburse expenses); Donations and
Contributions Fund. (See report with
agenda item F -3(a))
BA -037, $16,500 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for furniture for
City Manager's office and conference
room; General Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Proposed ordinance to provide for the
Ord 85 -28
impoundment of vehicles illegally parked
Vehicles
on City property was presented together
Illegally
with a report from the Traffic Engineer.
Parked
(85)
lotion
x
Following clarification of the purpose
k11 Ayes
and intent, motion was made to introduce
and pass to second reading on October
28, 1985, proposed ORDINANCE NO. 85 -28
being,
Volume 39 - Page 393
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\rAL ROLL Gsd'�A F9 y�9 October 15, 1985
MINUTES
iuncv
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH MODIFYING SECTION 12.12.010
OF THE MUNICIPAL CODE TO PROVIDE
FOR THE IMPOUNDMENT OF VEHICLES
ILLEGALLY PARKED ON CITY PROPERTY.
2. Proposed resolution changing street
Street Name
names on property bounded by MacArthur
Change /PW
Boulevard to the north and the west, San
(83)
Miguel Drive on the south, and Roger'a
Gardens on the east; zoned R -1 -B, was
presented with a report from the
Planning Department.
Motion
x
In response to Council Member Heather,
All Ayes
the Planning Director advised that the
proposed street name changes had been
reviewed by the Fire Department, and
therefore, motion was made to adopt
Resolution No. 85 -83 changing the street
Res 85 -83
names of "HARBOR POINT DRIVE," "LAGOON
DRIVE," "CAPE COURT," and "ISLE COURT"
In TRACT NO. 10625 to "HARBOR POINTE."
3. H.R. 3373 Bill regarding California
OCS /Lgsltn
Outer Continental Shelf Protection and
(87)
Development Act, was presented.
2iQtion
x
Motion was made to support A.R. 3373 and
. Ayes
to commend Congressman Robert Badham for
his efforts in this regard.
4. Proposed ordinance establishing a major
Ord 85 -29
thoroughfare and bridge fee program was
PW /Thrfare
presented together with a report from
Brdge Fee
Public Works Department.
Prgrm
(74)
The Public Works Director recommended,
as a point of clarification, that the
setting of the public hearing include as
well as the ordinance, the fee program
resolution.
Motion
x
Motion was made to introduce and set for
All Ayes
public hearing on November 12, 1985,
proposed ORDINANCE NO. 85 -29, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
CHAPTER 15.42 TO THE NEWPORT BEACH
MUNICIPAL CODE ESTABLISHING A MAJOR
THOROUGHFARE AND BRIDGE FEE AND
DEVELOPER FEE PROGRAM.
H. ORDINANCE FOR ADOPTION:
.
1. Proposed ORDINANCE NO. 85 -27, being,
Ord 85 -27
Traffic
(85)
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL GS`�'�� October 15, 1985
MINUTES
IILUIW
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH AMENDING SECTIONS 12.24.110
•
AND 12.24.120 OF THE NEWPORT BEACH
MUNICIPAL CODE BY ADDING SEA LANE
IN CORONA DEL MAR AND SANTA BARBARA
DRIVE IN NEWPORT BEACH TO THE PRIMA
FACIE SPEED LIMIT DESIGNATION,
was presented for second reading and
adoption with report dated September 23,
1985 from Public Works.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
85 -27.
I. CONTINUED BUSINESS:
1. Letter from Orange County for
/C- Protocol
consideration to appoint a City
Liaison CNB
representative on the City Liaison
(24)
Protocol Committee, which would provide
assistance in accordance with
international standards of diplomacy and
protocol when needed and to help expand
Orange County's cultural awareness of
other nations, was presented.
Motion
x
Motion was made to appoint Jerrel
All Ayes
Richards as the City's Representative,
and Jim Dale as Alternate.
•
2. BUILDING PERMIT AGREEMENT FOR 116 KINGS
Bldg Permit
PLACE (Lot 2 of Tract No. 1219) was
t /Ward
presented.
(26)
Report dated September 23, 1985 from
Public Works, was presented.,
The Public Works Director stated it was
felt that the best solution to the
problem regarding the subject building
permit was to direct a new sewer line
down to Dover Drive to connect to the
existing Sanitation District sewer. Mr.
Ward has agreed to dedicate an easement
to allow this to happen, and to pay 50%
of the cost with the City paying the
remaining 50 %.
Motion
x
Motion was made to approve the Building
-2543
Permit Agreement and authorize the Mayor
(38)
and the City Clerk to execute the
agreement.
3. ENVIRONMENTAL IMPACT STATEMENT (EIS) FOR
PCH Widng/
PACIFIC COAST HIGHWAY WIDENING -- NEWPORT
Route 55 EI:
BOULEVARD (ROUTE 55) TO GOLDEN WEST
(74)
STREET, was presented.
•
Report dated September 23, 1985 from
Public Works, was presented.
Volume 39 - Page 395
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CALROLL October 15, 1985
MINUTES
Immin 1
Motion
x
Motion was made to direct staff to
PCH Widng%
transmit comments to Caltrans concerning
Route 55 EIS
the City's review of the subject EIS.
Tom Orlando, 15 Balboa Coves,
representing West Newport Community
Association, addressed the Council and
stated that he had not had an
opportunity to review the subject
comments, and just wanted to make sure
the City's comments reflected the
feelings of their Association.
The Director of Public Works reviewed
the comments as set forth below:
1. That the drainage system
between Superior and Newport
Boulevard be designed to
minimize the deposition of
debris into the West Newport
Channel, and that new drainage
facilities be placed
underground.
2. That acceptable geometrics be
provided to allow left turns
out of Balboa Coves.
.
3. That noise be mitigated
through the installation of
noise walls adjacent to Balboa
Coves, Lido Sands, the West
Newport Park (58th Street to
Summit Street) on the
southerly side of Coast
Highway and on the northerly
side between Walnut Street and
Colton Street and between
Highland Street and the river.
4. That access problems in the
Newport Shores area be
reviewed and designs modified
where practical to minimize
inconvenience.
5. That loss of parking to the
businesses in the area between
60th Street and the river be
reviewed.
6. That street lighting along
Coast Highway in Newport Beach
and across the bridge be
provided.
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COUNCIL MEMBERS
\CALROLL October 15, 1985
MINUTES
INDEX
7. That a 12- foot -wide sidewalk
bikeway be provided on the
•
ocean side of the Santa Ana
River bridge.
8. That this project be
coordinated with improvements
to the Arches interchange.
Council Member Hart stated, for the
record, that "she would hope that
Caltrans keeps in mind that the City of
Newport Beach is probably one of the
most beautiful residential Cities in
California, and as they look at noise
walls, which at their best are not
attractive at all, that they realize
the need for adequate landscaping and an
overall much'softer' effect."
All Ayes
The motion was voted on and carried.
J. CURRENT BUSINESS:
1. Report from Executive Assistant to the
Inter-Casty
City Manager regarding INTER - COUNTY
hirport Auth
AIRPORT AUTHORITY, was presented.
Jt. Agmt
(24)
Motion
x
Motion was made to authorize the Mayor
.
and the City Clerk to execute Joint
Powers Agreement to allow City to
participate in the Inter - County Airport
Authority; and appoint Council Member
Strauss as the City's Representative to
the Governing Board of the ICAA, and
appoint Council Member Heather as
Alternate.
Motion
x
Following consideration and discussion,
All Ayes
Mayor Maurer withdrew the foregoing
motion, and motion was made to authorize
the Mayor and City Clerk to execute a
Joint Powers Agreement to allow the City
-2542
to participate in the Inter - County
(38)
Airport Authority, and to defer the
appointments of the City's
Representative and Alternate to the
Governing Board of the ICAA to October
28, 1985.
R. ADDITIONAL BUSINESS:
Motion
x
1. Motion was made to schedule public
rhe Irvine
All Ayes
hearing on a request of The Irvine
o /Trfc Stdy
Company to consider traffic study to
allow construction of 66,000 sq. ft. of
retail and restaurant uses in Fashion
.
Island, and the acceptance of an
Environmental Document to be heard
Volume 39 - Page 397
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL \%P\��\p -Vy�9
ROLL
•
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F
October 15, 1985
MINUTES
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INDEX
concurrently with the General Plan
Consistency Determination public hearing
scheduled for October 28, 1985.
Meeting adjourned at 10:40 p.m.
J
yor
ATTEST:
4,�
City Clerk
Volume 39 — Page 398
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INDEX