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HomeMy WebLinkAbout10/28/1985 - Regular Meeting.g.. Y ^s )<`1 � Pt r• pn� COUNCIL MEMBERS \CALREGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7 :30 P.M. ROLL 'P 'P �� DATE: October 28, 1985 MINUTES INDEX P esent x x x x x x A. ROLL CALL. nt x Motion x B. The reading of the Minutes of the All Ayes Adjourned Meeting of September 30, and the Regular Meeting of October 15, 1985, was waived, approved 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 public hearing The Irvine and City Council review on requests of Co. The IRVINE COMPANY, Newport Beach, to GPA 78 -2 TRANSFER ALLOWED RETAIL DEVELOPMENT from (45) NEWPORT VILLAGE and CIVIC PLAZA to FASHION ISLAND within Newport Center so as to allow construction of 66,000 sq. ft. of retail and restaurant uses in Fashion Island. This proposal requires a determination by the City Council that said transfer of allowed development is consistent with the Land Use Element of the General Plan as provided under Resolution No. 9435, the approval of a . related TRAFFIC STUDY, and the acceptance of an Environmental Document. Report from the Planning Department, was presented. The City Manager, in summary, stated that GPA 78 -2 contained a provision concerning the allowable uses to Newport Center permitting the transfer of densities, provided the study shows that it will not adversely affect the circulation system during critical peak periods, and that traffic generated as it affects major intersections, does not exceed the capacity provided. On October 10, 1985, the Planning Commission voted to recommend approval of the transfer of development rights in Newport Center and approved the related Traffic Study, subject to the Findings and Conditions as listed in the staff report. Dave Dmohowski, representing The Irvine Company, addressed the Council, stating that he would be available for questions . of the Council. Volume 39 - Page 399 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL.59ROLL October 28, 1985 MINUTES INDEX • Motion All Ayes x Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 85 -84, determining the requested transfer of development rights within Newport Center to be consistent with the provisions of the Newport Beach General Plan, approve the request, and accept the Environmental Document; and sustain the action of the Planning Commission regarding the Traffic Study. 2. Mayor Maurer opened the public hearing regarding VACATION AND ABANDONMENT OF AN ALLEY LOCATED BETWEEN EDGEWATER PLACE Res 85 -84 Vacation/ Alley Aband Edgewtr- E.Bay- Adams- AND EAST BAY AVENUE AND ADAMS STREET AND PALM STREET (BALBOA AREA). Palm (90) Report from Public Works, was presented. The City Manager explained that several months ago when the City Council approved Resubdivision 797, known as the Edgewater Project, one of the conditions of approval was that the subject alley be vacated. Hearing no one wishing to address the *on x Council, the public hearing was closed. Motion was made to adopt Resolution No. Res 85 -85 All Ayes 85 -85 vacating and abandoning an alley located between Edgewater Place and East Bay Avenue and Adams Street and Palm Street (Balboa area); and direct the City Clerk to have the resolution recorded by the Orange County Recorder upon satisfactory relocation of existing City water and sewer facilities. 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: Schedule for public hearing on November 12, 1985 - (a) Proposed ORDINANCE NO. 85 -30, Ord 85 -30 being, Bldg & . AN ORDINANCE OF THE CITY OF Cnstrctn/ Trfc Phsg NEWPORT BEACH AMENDING CHAPTER Zoning (26/94) Volume 39 - Page 400 • • • g Ma" . MINUTES October 28, 1985 15.40 OF THE NEWPORT BEACH MUNICIPAL CODE (TRAFFIC PHASING ORDINANCE) (Planning Commission Amendment No. 625). (Report from the Planning Department) Schedule for public hearing on November 25, 1985 - (b) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85 -86 of the City of Newport Beach supporting continuation of the California Outer Continental Shelf Moratorium. 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and the City Clerk to execute a professional services agreement with Cash & Associates Engineers for BALBOA ISLAND BULKHEAD REPAIR NEAR WATERS WAY (C -2525) and LIDO ISLE BULKHEAD REPAIR NORTH OF VIA LIDO (C- 2526). (Report from Public Works) (b) GAS LINE FROM OIL FIELD TO HOAG HOSPITAL (C -2522) - Award Contract No. 2522 to Husby Construction for the total price of $52,750, and authorize the Mayor and the City Clerk to execute said contract. (Report from Public Works) (c) Consent of the City to Sale of Mobilehome Space No. 4 -A in Marinapark Mobilehome Park. 4. COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Procedural Ethics Committee, letter from the Metropolitan Water District of Southern California regarding HR 3113 (Coordinated Operation Agreement between the State Water Project and the Federal Central Valley Project). (b) To Building Department for response, letter from Norman Smedegaard, regarding LDM Development Company project in the vicinity of Jasmine Creek. Volume 39 - Page 401 OCS Res 85 -86 (87) Bal Is /Lido Is Blkhd Repair C -2525A C -2526A (38) Hoag Hsptl Gas Line C -2522 (38) Marinapark Mobilehm S1 C -1546 (38) Legislation (48) Building (26) MINUTES 1124 b W1 (c) To Marine Department for Marine investigation and report back, Dept /Wedge • letter from Windward School, (51) regarding alleged extremely dangerous situation occurring in the surfing beach commonly known as The Wedge. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter and Policy Statement from Apartment Association of Orange County, regarding creation and retention of a highly viable residential rental stock throughout Orange County. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Allstate Insurance Company for Allstate Dean /Sally Phillips regarding Ins /Phillips property damage during oil fire on August 2, 1985 at 204 -44th Street. (b) Sylvia Brachman for property Brachman damage, allegedly due to leak in City underground utility in alley of 606 Acacia Avenue, Corona del • Mar on September 30, 1985. (c) Sherry Brazil alleging physical Brazil abuse by City Police Officers to face, arms, chest and back at alley between Onyx and Marine Avenues on Balboa Island on July 4, 1985. (d) Mr. and Mrs. Brad Eckenweiler Eckenweiler alleging City tractor hit garage door in alley of 601 Begonia on September 30, 1985. (e) Lee Gale alleging physical abuse by Gale City Police Officers to face, arms, chest and back at alley between Onyx and Marine Avenues on Balboa Island on July 4, 1985. (f) Pat Green for property damage to Green her car parked in the roped off area by the Fire Department at 40th /41st Street on August 2, 1985 (oil well fire). (g) Gene S. and Jacquelyn Haddox Haddox alleging tree roots over the past years have caused damage to • driveway at 1021 Nottingham between 1971 and July, 1985. Volume 39 - Page 402 MINUTES INOEX . (h) Teresa Hegg alleging pain and suffering, mental distress, Hegg physical injuries including neck, back and head sustained in fall at Newport Beach boardwalk, vicinity of "D11 Street on July 7, 1985. (i) June L. Miller alleging physical Miller abuse to arms, legs and back as a result of arrest at Irvine Avenue near intersection with University Drive on September 20, 1985. (j) Mark T. Nagata alleging Police Nagata Department towed his car from a legal parking area to an illegal parking area to detain violators during the 4th of July, and as a result, towing company damaged his car at Newport Beach City Hall public parking area on July 4, 1985. (k) Richard E. Orozco alleging damage Orozco to vehicle as a result of telephone cable falling from telephone pole at Cappy °s Cafe, 5930 West Coast Highway on October 16, 1985. (1) Richard Whittington alleging Lifeguard Jeep ran over surfboard Whittington on the beach between jetties at 52 and 56th Streets on August 31, 1985. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Public Works Inspector, Administrative and Engineering Division. (b) Approve one Refuse Crewworker, Refuse Division. (c) Removed from the Consent Calendar. 9. STAFF AND COMMISSION REPORTS - For City Council approval: (a) Letters from N. Reinhart and Nat Marinapark . and Judith Gorman, regarding Donation of Mobile Home in Space Mobilehm C -1546 4 -A in Marinapark. (38) Volume 39 - Page 403 , 11:411 Y i - COUNCIL MEMBERS \CAL � ROLL Gss �F9 F9 �F9 October 28, 1985 MINUTES INDEX . (b) Annual Financial Report for Fiscal Year ending June 30, 1985. (Report from City Manager, Finance Director and Simonis & Moreland, Auditors) 10. PUBLIC HEARING SCHEDULING - For November 25, 1985:_ (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. 11. PROPOSED GENERAL PLAN AMENDMENT 85 -3 - Finance (40) GPA 85 -3 (45) Sustain the recommendation of the Planning Commission and initiate a General Plan Amendment to amend the Land Use Element of the Newport Beach General Plan for BLOCK 700 (PACIFIC MUTUAL) in NEWPORT CENTER. (Report from the Planning Department) 12. FINAL MAP OF TRACT NO. 12245 - Approve Tract 12245 the Final Map of Tract No. 12245, Marguerite subdividing 9.604 acres of land into 47 Av /Hrbr Vu numbered lots for single- family attached residential development; one numbered lot for private recreational purposes; one numbered lot for public park • purposes; and three lettered lots for private street purposes, (portions of Blocks 93 and 96, Irvine's Subdivision. located at 875 Marguerite Avenue on the southwesterly corner of Marguerite Avenue and Harbor View Drive, adjacent to Harbor View Hills) incorporating by reference the Finding and Condition for Approval recommended by the Planning Commission. (Report from the Planning Department) 13. FINAL MAP OF TRACT NO. 12309 - Approve Tract 12309 the Final Map of Tract No. 12309, No. Ford subdividing 125.888 acres of land 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, (portions of Blocks 51 and 57, Irvine's Subdivision, located on property bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and San Diego Greek, in the North Ford Planned • Community) incorporating by reference Volume 39 - Page 404 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL d� \%P'Pqc� �i S S 9 �y®LL y�9 October 28, 1985 MINUTES II1LT37 the Finding and Condition for Approval • recommended by the Planning Commission. (Report from the Planning Department) 14. COMPLETION OF PRIVATE IMPROVEMENTS IN Resub 735 RESUBDIVISION NO. 735 - Lots 1 through 4 (84) of Tract 10151, located at 21, 23, 25 and 27 Hillsborough on the northwesterly corner of Hillsborough and Spy Glass Hills Road in Harbor Hill. Approve the as -built improvement plans and the private improvements constructed in conjunction with Resubdivision No. 735; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 52408286); and authorize the City Clerk to release the Labor and Materials Bond (Bond No. S2408286) in six months provided no claims have been filed. (Report from Public Works) 15. TRACT NO. 9676 - A portion of Block 55 Tract 9676 and 94, Irvine's subdivision located at Jamboree Rd 1100 Jamboree Road, on the easterly side of Jamboree Road across from the Newport Inn. Approve a subdivision agreement and bonds with John D. Lusk & Son guaranteeing completion of the public improvements required of Tract No. 9676. Authorize the Mayor and the City Clerk . to execute said agreement; and authorize the City Clerk to release the Faithful Performance Bond and the Labor and Materials Bond (Bond No. 5785369). (Report from Public Works) 16. 1985 -86 STREET AND ALLEY SLURRY SEAL St /Alley PROGRAM (C -2503) - Extend the bid date Slurry Seal from 11:00 a.m, on October 31, 1985 to 1985 -86 11:00 a.m. on November 14, 1985. C -2503 (Report from Public Works) (38) 17. CITY COUNCIL TRAVEL AUTHORIZATION AND Council EXPENSE - Approve travel expense record Expense for Mayor Philip Maurer in the amount of (33) $703.52; and for Council Member Donald Strauss in the amount of $615.04 (trip to League of California Cities Annual Conference in San Francisco). 18. HARBOR PERMIT APPLICATION 112 -604 - Harbor Perm Approve the application by Balboa Marina #112 -604 Fun Zone, Ltd. to revise the commercial (51) docks bayward of 600 East Bay Avenue, subject to the conditions of approval listed in the staff report. (Report from the Marine Department) Volume 39 - Page 405 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 9 ti ti �9 � y� v o k ROLL c E cn October 28, 1985 MINUTES INDEX . 19. SPECIAL EVENT PERMITS - For approval, subject to conditions in staff reports Permits/ Spcl Events from Business License: (65) (a) Estancia High School on November 1, 1985 at Harbor High for fireworks at half time. (b) Rick Cole Car Show on November 30 and December 1, 1985 at the Newporter. (c) Ed Miller Dinner on Beach on November 28, 1985. 20. BUDGET AMENDMENTS - For approval: (25) BA -038, $540 - Transfer in Budget Appropriations for electric typewriter; Purchasing and Warehousing Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance amending a portion of GPA 85 -1(c)/ Districting Map No. 18 (Planning U/P 3155/ Commission Amendment No. 620), together PCA 620 with GENERAL PLAN AMENDMENT 85 -1(C); (45/88/94) AMENDMENT NO. 7 TO THE LOCAL COASTAL PROGRAM, and related APPEAL BY S.J.S. . DEVELOPMENT CORP. ON USE PERMIT NO. 3155 AND AMENDMENT NO. 620 AND TRAFFIC STUDY, were presented for public hearing scheduling on November 25, 1985 with reports from the Planning Department. Motion x Motion was made by Council Member Hart, All Ayes and there being no objections from Council Member Agee, who represents the subject district, that the following agenda items be scheduled for public hearing on December 9, 1985: Proposed ORDINANCE NO. 85 -31, being, Ord 85 -31 Zoning AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 18 SO AS TO RECLASSIFY CERTAIN PROPERTY FROM THE R -1 and C -1 DISTRICTS TO THE P -C DISTRICT (Planning Commission Amendment No. 620). GENERAL PLAN AMENDMENT 85 -1(C) Consideration of an amendment to the Land Use Element of the Newport Beach General Plan so as to redesignate a portion of the property located at 3901 East Coast Highway, Corona del Mar, from Volume 39 - Page 406 CITY OF NEWPORT BEACH COUNCIL MEM13ERS C o S ROLL CAL October 28, 1985 MINUTES II:I13W 4 . "Low -- Density Residential" and a mixture of "Administrative, Professional and Financial Commercial" and "Retail and Service Commercial11 to a combined designation of "Administrative, Professional and Financial Commercial" and "Multi- Family Residential," and the acceptance of an Environmental Document. (Report from the Planning Department) AMENDMENT NO. 7 TO THE LOCAL COASTAL GPA 85 -1(c)/ U/P 3155/ PCA 620 Amnd #7 LCP PROGRAM Consideration of an amendment to the Certified Local Coastal Program, Land Use Plan, so as to redesignate a portion of the property located at 3901 East Coast Highway, Corona del Mar, from "Low- Density Residential" and "Retail and Service Commercial" to a combined designation of "Administrative, Professional and Financial Commercial" and "Multi- Family Residential." USE PERMIT NO. 3155 AND AMENDMENT NO. U/P 3155/ PCA 620/ 620 AND TRAFFIC STUDY Trfc Study . Appeal of S. J. S. Development Corp., on property located at 3901 East Coast Highway. 2. Request to fill personnel vacancies Personnel report from the City Manager was Vacancies presented containing approval for one (66) Police Chief, Police Department. The City Manager stated that in addition to the recommended agenda action, further authorization be given, at this time, to allow for the recruitment of this position in early Spring, during which time the Police Chief will be on a leave of absence. Motion x Motion was made to approve the All Ayes foregoing, with the understanding that the Table of Authorization would exceed the Police Chief position by one. • Volume 39 - Page 407 pr L COUNCIL MEMBERS 1985 October 28, 0 ROLL MINUTES rrr.13n . H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 85 -28, being, Ord 85 -28 Vehicles AN ORDINANCE OF THE CITY OF NEWPORT Illegally BEACH MODIFYING SECTION 12.12.010 Parked OF THE MUNICIPAL CODE TO PROVIDE (85) FOR THE IMPOUNDMENT OF VEHICLES ILLEGALLY PARKED ON CITY PROPERTY, was presented for second reading with report from Traffic Engineer. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -28. I. CONTINUED BUSINESS: 1. Report from Executive Assistant to the Inter -Cnty City Manager dated October 15, 1985, Airport/ regarding appointment of a Council Jt. Gvnmtl Member and Alternate on the INTER - COUNTY Cmte AIRPORT AUTHORITY, was presented. (24) Motion x Motion was made to appoint Council All Ayes Member Hart as the City's representative to the Governing Board of the ICAA, and appoint Council Member Heather as Alternate. . J. CURRENT BUSINESS: 1. Request of NEWPORT HEIGHTS COMMUNITY Citizens ASSOCIATION to appoint MARIAN RAYL as Ad Hoc the representative of the Newport Mariners Mi Heights residential community on the AD SAPR Cmte HOC MARINERS MILE SPECIFIC AREA PLAN (24) REVIEW COMMITTEE to replace Steve Dobbie, was presented with a report from the Planning Department. Motion x Motion was made to appoint Marian Rayl All Ayes to replace Steve Dobbie as a non - voting member of the Ad Hoc Mariners Mile Specific Area Plan Review Committee. 2. Parks, Beaches and Recreation Commission PB &R Cmsn Vacancies. Motion x The following nominations of the All Ayes Appointments Committee were confirmed for appointment on November 12, 1985: To fill unexpired term of James Capretz - Robert Cooper and John Konwiser Volume 39 - Page 408 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL <9 0 Motion All Ayes • E MINUTES October 28. 1985 INDEX Council Ad Hoc Teen/ Yth Cmte (24) To fill unexpired term of Earle King - Walter Howald and A.Z. Taft 3. Memorandum from Council Member Heather, dated October 15, 1985 regarding Teen or Youth Commission, was presented. x Motion was made to adopt Resolution No. 85 -87 creating an Ad Hoc Committee to study whether the City should establish a Teen or Youth Commission /Committee; and appoint Mayor Maurer, Council Member Heather, and Sterling Wolfe, Parks, Beaches and Recreation Commissioner, to the subject committee. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 8:10 p.m. i I Mayor ATTEST: PO� City Clerk POFL % Volume 39 - Page 409 INDEX Council Ad Hoc Teen/ Yth Cmte (24)