HomeMy WebLinkAbout01/13/1986 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
\CAL REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
ROLL �`� �� DATE: January 13, 1986 INDEX
Present
on
Ayes
ion
All Ayes
x
x
x
x
x
x
x
x
x
A. ROLL CALL.
B. The reading of the Minutes of the
Meeting of December 9, 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
regarding:
AMENDMENT NO. 624 (PROPOSED ORDINANCE
PCA 624/
Ord 85 -33
NO. 85 -33) - Request to establish
Planned Community Development Standards
Zoning
and adopt a Planned Community
(94)
Development Plan for the development of
the Corona del Mar Seniors Project
Planned Community. The proposal also
includes a request to amend a portion of
Districting Maps No. 32 and 51, so as to
reclassify said property from the R -1 -B
District to the Planned Community
District; and the acceptance of an
Environmental Document. Property
located at 3400 - 5th Avenue, Corona del
Mar; and
TRAFFIC STUDY - Request to consider a
Traffic
Traffic Study for a 100 unit seniors'
Study
condominium development; and
TENTATIVE MAP. OF TRACT NO. 11949-
TMapTrll949
Request to subdivide 15.07 acres of land
into five numbered lots for residential
condominium development, two lettered
lots for private open space purposes,
one lettered lot for private
recreational purposes, and two lettered
lots for public recreational purposes.
Report from the Planning Department,.was
presented.
David Neish, Urban Assist, Inc.,
representing the applicant, addressed
the Council and summarized the project
under consideration. He stated that
they propose to construct twenty -five
4 -plex condominium structures, which
will have a single level design, dual
street frontage and attached 2 -car
garages. With respect to traffic
generation and their original plan for
the Cottage Homes, they estimated 1,120
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trips per day. However, with the
present plan of 4 -plex condos, they only
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COUNCIL MEMBERS
\CAL \<�\p GROLL GAP y�P January 13, 1 986
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estimated 750 trips per day - -a reduction
PCA 624
of 370. He also noted that the proposed
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development will not obstruct any of the
blue water views from residents of
Sandcastle Drive, and that all utilities
.
will be placed underground. They feel
the project will be a 11trendsetter" and
a unique development for seniors. He
recommended the City Council uphold the
recommendation of the Planning
Commission and approve the project.
Clyda Brenner, 616 Marguerite Avenue,
addressed the Council, and stated that
there should be a limit on all new
developments in Corona del Mar until the
traffic problem is resolved, and that
the problem will never be resolved if
projects continue to be addressed on a
piecemeal basis. She felt the proposed
project could be improved if the
driveways and entrances were in line
with the streets and alleys of old
Corona del Mar.
Jean Slack, 707 Poppy Avenue, addressed
the Council and submitted a petition
with 63 signatures urging that the
flower -named streets be extended and
that all the homes in the project be
single - family dwellings for seniors, as
they feel this would preserve the unique
character of old Corona del Mar and the
village atmosphere.
The following persons also addressed the
Council in support of retaining the
cottage type single - family dwellings,
rather than the 4 -plex condominiums as
proposed:
Dick Nichols, President, Corona del
Mar Community Association
Ron Covington, 707 Orchid Avenue
(submitted petition with 229
signatures)
J. R. Blakemore, 2509 Harbor View
Drive-
Tykye Camaras, 932 Sandcastle (also
concerned with slope failure)
The following persons addressed the.
Council in support of the senior housing
project as presented:
H. Ross Miller, Member of the Board.
of Directors, Friends of Oasis
Ed Wolfe, 1718 Tradewinds Lane
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Ed Williams, President, Friends of
Oasis
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January 13, 1986
MINUTES
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Jerry King, representing Harbor
PCA 624
View Hills Homeowners Association
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(submitted letter in support)
Larry Weeshoff, past president of
Harbor View Hills Community
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Association (also concerned with
view preservation)
John Marsella, 873 Sandcastle Drive
(also concerned with skylights
and roof antennas)
Barney Larks, Member of Friends of
Oasis
During discussion among the staff and
Council, it was pointed out that the
chimneys to be constructed will be below
pad elevation of the homes on Sandcastle
Drive, and also, roof -top antennas will
not be allowed.
Mr. Neish, in response to some of the
speakers' comments, stated that there
will be some skylights constructed on
the seaward side of the project, but
shielded from Harbor View Hills. With
regard to traffic, the 4 -plex structures
will generate less traffic than the
original cottage type single - family
dwellings, which he pointed out was not
a senior housing project. In addition,
Fifth Avenue will be widened in order to
accommodate a new bicycle lane and
sidewalk as a result of this project.
There will be seven access points, five
of which will service only those units
adjacent to Fifth Avenue. Pertaining to
slope failure, as referred to'by Mr.
Camaras, they will be responsible for
any slope failure and the slopes will be
maintained by the homeowners association
connected with this project.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Following discussion of Condition of
Approval No. 58 regarding affordability,
as referred to by Council Member
Strauss, motion was made by Council
Member Agee to continue this item to
January 27, 1986, and direct the staff
in the interim to prepare a comparison
between the cottage type concept and the
4=plex condos as presently proposed,'
pointing out such differences as
traffic, height limits, aesthetics,
circulation, etc.
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MINUTES
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M ion
x
Substitute motion was made to approve
PGA 624
the project as recommended by the
Planning Commission and:
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Adopt Resolution No. 86 -1,
Res 86 -1
accepting, approving and certifying
the Final Environmental Impact
Report;
Make the Findings contained in the
Statement of Facts with respect to
significant impacts identified in
the Final Environmental Impact
Report;
Find that the facts set forth in
the Statement of Overriding
Considerations are true and are
supported by substantial evidence
in the record, including the Final
Environmental Impact Report;
With respect to the project, find
that although the Final
Environmental Impact Report
identifies certain unavoidable
significant environmental effects
that will result if the project is
approved, the mitigation measures
identified shall be incorporated
into the project, and all
significant environmental effects
that can feasibly be mitigated or
avoided have been eliminated or
reduced to an acceptable level, and
that the remaining unavoidable
significant effects, when balanced
against the facts set forth in said
Statement of Overriding
Considerations, giving greater
weight to the unavoidable
environmental effects are
acceptable;
Adopt Ordinance No. 85 -33, being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH ADOPTING PLANNED
COMMUNITY DEVELOPMENT
STANDARDS AND A PLANNED
COMMUNITY DEVELOPMENT PLAN FOR
THE CORONA DEL MAR SENIORS
PROJECT LOCATED NORTHEASTERLY
OF MARGUERITE AVENUE AND FIFTH
AVENUE AND AMENDING PORTIONS
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OF DISTRICTING MAPS NOS. 32
AND 51 SO AS TO RECLASSIFY
SAID PROPERTY FROM THE R -1 -B
DISTRICT TO THE PLANNED
COMMUNITY DISTRICT (PLANNING
COMMISSION, AMENDMENT NO. 624);
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COUNCIL MEMBERS
\CAL ROLL January 13, 1986
MINUTES
Sustain the action of the Planning
PCA 624
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Commission and approve the TRAFFIC
STUDY for the Corona del Mar
Seniors Project Planned Community;
.
Approve the Tentative Map of Tract
No. 11949, with the Findings and
subject to the Conditions as
recommended by the Planning
Commission; and
Approve additional Condition of
Approval No. 65 pertaining to
senior housing.
Council Member Strauss indicated that he
could not support the substitute motion,
as it was unclear to him which plan
(cottage or 4 -plex) was the best suited
for the project.
Ayes
x
x
x
x
The motion was voted on and carried.
Noes
x
x
x
Council Members Agee and Hart requested
that the record indicate their "no" vote
does not mean they are not supportive of
senior housing.
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There being no objections, Agenda Item J -2
was taken up at this time.
J. CURRENT BUSINESS:
2. Report from the City Council Ad Hoc
Boards/
Committee to Determine Whether the City
Cmsn /Cmte
Should Establish a Teen or Youth
Teen /Youth
Committee, and recommending the
(24)
establishing of a Youth Council, was
presented.
Council Member Heather, Chairperson,
Youth Council Ad Hoc Committee, spoke in
support of the formation of a Youth
Council, which she indicated was "top"
priority to considering a proposed teen
center. She stated that she felt the
City Council should work in concert with
the young people of the City to hear
their points of view with regard to a
"positive" gathering place for young
adults.
Greg Shank, President, Newport Harbor
High Student Body, addressed the Council
and discussed various methods of
selecting members for the proposed Youth
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Council.
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January 13, 1986 p
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Bob Painter, President, Corona del Mar
Student Body, addressed the Council and
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also spoke in support of the proposed
Youth Council.
on
x
Motion was made to adopt Resolution No.
Res 86 -2
Ayes
86 -2, establishing the Newport Beach
Youth Council, but that the resolution
be amended to include one (1) school
board member to be appointed by the
school board as liaison, and that the
method of appointment for the members be
considered at a later date.
D. PUBLIC HEARINGS: (Contd.)
2. Mayor Maurer opened the public hearing
GPA 85 -3
regarding GENERAL PLAN AMENDMENT 85 -3, a
(45)
request of PACIFIC MUTUAL LIFE INSURANCE
COMPANY, to consider an amendment to the
Land Use Element of the Newport Beach
General Plan so as to allow a 9,500 sq.
ft. addition to the Pacific Mutual
Building located at 700 Newport Center
Drive, Newport Beach; and the acceptance
of an Environmental Document.
Report from the Planning Department, was
presented.
Bill Ficker, 522 W. Ocean Front,
Architect for the applicant, addressed
the Council, outlined the project, and
stated he was available for questions.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 86 -3
All Ayes
86 -3, approving an amendment to the Land
Use Element of the Newport Beach General
Plan for Block 700 of Newport Center
(GPA 85 -3 Pacific Mutual), accepting the
Environmental Document.
3. Mayor Maurer opened the public hearing
Mod#3125
and City Council review of MODIFICATION
(94)
APPLICATION NO. 3125, a request of PETER
AND CRISTINA LEPORT, Corona del Mar, to
permit the construction of an addition
to an existing residence located at 213
Jasmine Avenue, which includes a second
floor balcony that will encroach three
feet, six inches, into the required
twenty foot front yard setback adjacent
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to Jasmine Avenue.
Report from the Planning Department, was
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presented.
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Rn1 i rrA1 Gds p y�9 January 13, 1986
MINUTES
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Letter of opposition from William H.
Mod #3125
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Lane, Jr., was presented.
The City Clerk advised that after the
agenda was printed, a letter was
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received from William H. Lane, Jr.,
withdrawing his letter of opposition.
Council Member Agee stated that he had
called this item up for Council review
because he is concerned about any
project where a view is involved.
Harry Newman, Architect for the proposed
project, addressed the Council and spoke
in favor of their request to construct a
second floor balcony which will encroach
3 feet, 6 inches into the front yard
setback. He referred to the large
number of front yard encroachments in
the 200 block of Jasmine Avenue as
enumerated in the staff report. He also
reviewed the findings for approval
noting that "the proposed development
will not be detrimental to the
surrounding area or increase any
detrimental effect of the existing use,
and in addition, that the proposal would
not be detrimental to persons, property
or improvement in the neighborhood and
that the modification, as approved,
would be consistent with the legislative
intent of Title 20 of the Newport Beach
Municipal Code."
Mr. Newman stated that the proposed
balcony would be a very "gentle" and
simple project, and urged the Council to
sustain the decision of the
Modifications Committee.
Mr. Morrey Levenoff, Santa Ana, owner of
the property adjacent to 213 Jasmine
Avenue, addressed the Council and stated
that he was in a very uncomfortable
position and concerned about losing
neighborhood continuity. He stated that
he cannot register an objection to the
project even though he may lose some
view, and he would prefer the City
Council make the decision as to whether
it is consistent with what they want to
follow in the future. He does feel,
however, that the balcony is designed
consistent with that particular type of
house and will add to it aesthetically.
Peter Leport, applicant, addressed the
Council and stated that the balcony will
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not block any views.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL 'o tp ROLL s 9 January 13, 1986
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Hearing no others wishing to address the
Council, the public hearing was closed.
ion
x
Council Member Agee spoke in opposition
x
x
x
x
x
to the proposed encroachment into the
/s
s
x
x
front yard and following his comments,
motion was made to overrule the
recommendation of the Modifications
Committee and deny the request based on
the Findings designated as Exhibit "B"
in the staff report.
4. Mayor Maurer opened the public hearing
Police Ofcl
regarding award of bid for OFFICIAL
Tow /Bldg
POLICE TOW TRUCK SERVICES FOR A TWO -YEAR
(70)
PERIOD.
Report from Executive Assistant to the
City Manager regarding readvertising of
subject bid, was presented.
Motion
x
Motion was made to continue subject
All Ayes
hearing to February 24, 1986, and
authorize the City Clerk to readvertise
for bids, as recommended by staff.
E. PUBLIC COMMENTS:
1. Scott Miller, 508 E. Ocean Front,
Balboa Pr
addressed the Council regarding the
Prkg Lot
proposal for no overnight parking,
effective May 1, for the Balboa Pier
Parking Lot.
Mayor Maurer advised Mr. Miller that
this subject had been referred back to
the Off- Street Parking Committee, and
would be scheduled for a future Council
meeting.
2. Pat Crimian, 29 Beach Drive, Lido Mobile
Mobile Hm
Home Park, addressed the Council and
Legislatn
stated that they are very interested in
any legislation affecting mobile home
park owners and would appreciate any
support the City Council can give in
this regard.
3. Barbara Whitford, 406 Snug Harbor,
ISt. Andrews
addressed the Council regarding a newly
Church/
posted sign at the entrance to St.
Parking
Andrews Presbyterian Church that limits
the parking to church members only,
which has, in the past, been for mutual
use. She stated it was her
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understanding from the church that the
request for the sign was from the City's
Police Department because of reported
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problems of persons using drugs, etc.,
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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parking in the lot, and because the lot
is private, they cannot provide any law
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enforcement.
Mayor Maurer advised Mrs. Whitford that
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he would have the staff investigate this
matter and report back.
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 January 27, 1986:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 86 -4, requesting
Planning/
financial assistance related to
PhsIII Zng
staff expenses incurred in
Impl Ord
preparing the PHASE III ZONING
Res 86 -4
IMPLEMENTING ORDINANCES as provided
(68)
for in the City's approved COASTAL
ZONE MANAGEMENT WORK PROGRAM.
(Report from Planning Department)
(b) Resolution No. 86 -5 approving
Police/
proposed rate increases for
Library Dpts
Janitorial Maintenance Services
Janitorial
(Universal Building Maintenance
Mntnc
Company Contract No. 2049 /Police
Res 86 -5
and Library Departments). (Report
C -2049
from Executive Assistant to the
(38)
City Manager)
(c) Resolution No. 86 -6 (as revised)
Bds /Cmsn/
combining the Environmental Quality
Cmte
Citizens Advisory Committee, the
Quality Lifi
Newport Beautification Citizens
Cmte
Advisory Committee, and the
lRes 86 -6
Citizens Traffic Advisory Committee
(24)
to be known as The Quality of Life
Committee. (Report from the
Assistant City Attorney
(d) Removed from the Consent Calendar.
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2504 to George
Wtr /Swr Mn
Dakovich & Son, Inc. for the total
Alley Rplm
price of $757,160 for Water Main,
C -2504
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Sewer Main and Alley Replacement
(38)
Programs and authorize the Mayor
and City Clerk to execute said
contract. (Report from Public
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Works Department)
Volume 40 - Page 9
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
January 13, 1986 s !V iv
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(b) Approve an Architectural Services
Corp Yd
Agreement with Ficker 6 Ruffing
Warehouse/
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Architects to prepare working plans
Archtectural
and specifications for a proposed
Sery Agmt
new warehouse for a fee of $25,000;
C- 2554(A)
and authorize the Mayor and City
(38)
Clerk to execute said agreement.
(Report from Public Works Department)
(c) Authorize the Mayor and City Clerk
Lincoln Sch
to execute a Lease Agreement for
Gym Lease
Lincoln School Gymnasium and
Agmt
Athletic Fields. (Report from
C -2528
Parks, Beaches and Recreation
(38)
Director)
(d) Authorize the Mayor and City Clerk
Online Cmptt
to execute "A Retrospective
Library Ctr
Conversion Project Agreement"
C -2556
between Online Computer Library
(38)
Center (OCLC) and the City of
Newport Beach. (Report from
Library Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Pending Legislation and
Legislation
Procedural Ethics Committee, City
(48)
of Orange Resolution No. 6504
expressing opposition to allocate
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$25,000 from Contingent Funds of
the Assembly and Senate to study
and evaluate possible relocation
sites for the governor's mansion.
(b) To Traffic Engineer for response,
Parking/
request from Michele Willard for
Handicap
more handicap parking spaces in.the
(63)
shopping mall areas.
(c) To Police Department for inclusion
PD
in records and response, letter
(70)
from Corona del Mar High School
students, Mitch Brown expressing
his pleasure with the Police
Department, and Camryn Muth
regarding the curfew ordinance.
(d) To Planning Department for
Planning
response, request from Corona
(68)
Highlands Property Owners
Association regarding zoning
assurances that the Sherman
Project/ A.T. Leo's, Corona del
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Mar, could not be converted to
apartments or condominiums at some
future date,
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COUNCIL MEMBERS
\CAL q 9 9 c�F ROLL Gds 9 yP January 13, 1986
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(e) To Planning Department for
Planning
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inclusion in the records, letter
(68)
from law firm of Shute, Mihaly &
Weinberger noticing that SPON
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intends to commence an action to
set aside the decisions of the City
Council adopting Ordinance 85 -30
and amending Council Policy
S -1.
(£) To Police Department for response,
PD
letter from David R. Hirschler
(70)
regarding p°no parking1° ticket he
received at 71 Sea Island in
December, 1985.
(g) To Library Board for report back,
Library
letter from Valera G. Brown
(50)
regarding purchase of City property
adjacent to 5930 West Coast
Highway. .
(h) To Planning Department for report
Planning
back, letter from Lumiere (Pamplona
(68)
Enterprises) regarding possible law
suit against the City and adjacent
business owner Mucho Munchies,
Inc., citing parking, odor and
litter problems resulting in loss
of clientele.
(i) To Planning Department for
Planning
inclusion in the records, letter
(68)
from Golden State Mobilhome Owners
League, Inc., requesting that SB
316 be followed in any change of
use or closing of a mobile home
park within the City of Newport
Beach.
(j) To Mayor Pro Tem Plummer for
Garbage/
appropriate action, letter from
Hazardous
City of Anaheim Mayor Pro Tem Iry
Waste
Pickler regarding Memorandum of
(44)
Agreement to represent Orange
County Cities of the Regional
Hazardous haste Joint Powers
Authority.
5. COMMUNICATIONS - For referral to the
City Clerk: for inclusion in the records:
(a) Summary from Californians for
Nonsmokers' Rights regarding
nonsmoker protection law in
•
California.
(b) Local Agency Formation Commission
of Orange County Minutes of
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November 6, 1985 and Preliminary
Agenda for January 8, 1986.
Volume 40 - Page 11
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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MINUTES
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(c) Orange County Division, League of
.
California Cities 1985 attendance
report.
(d) Greyhound Lines, Inc., notice of
application No. 85 -12 -008, filed
December 4, 1985 with California
Public Utilities Commission,
requesting approval to increase its
passenger bus fares.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Lee A. Alpern for personal injuries
Alpern
sustained on September 1, 1985, at
boat slip dock adjacent to 3336 Via
Lido, Lido Village Area as a result
of falling through opening in the
dock and into the water, breaking
ankle and almost drowning.
(b) Melvin C. Bretz for damages as a
Bretz
result of his vehicle being stolen
from the Harbor Court Parking lot
on September 7, 1985.
(c) Kellee Jean Campo seeking damages
Campo
as a result of being involved in
•
traffic collision at intersection
of San Miguel Drive and Pacific
View Drive on September 8, 1985,
alleging City failed to properly
construct, maintain, patrol,
supervise and control hazardous
roadway, etc.
(d) Canyon Crest Estates c/o Ross
Canyon Cresi
Properties for property damage,
Estates/
alleging plastic 2" irrigation line
Ross Propty
damaged by City crew working in
area of 2700 Pacific View Drive on
October 25, 1985.
(e) Donald J. Crevier for property
Crevier
damage, alleging that hole in road
at 5th and Marguerite caused damage
to right front wheel of vehicle on
December 2, 1985.
(f) Cerise Jadwin- Feeley for property
Jadwin-
damage, alleging men redoing
Feeley
Marguerite Street, Corona del Mar,
directed cars past area of
resurfacing, and as a result,
resurfacing material splashed onto
the right front quarter panel of
her car and hubcaps, approximately
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December 16, 1985.
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COUNCIL MEMBERS
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MINUTES
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(g) Colleen Marie Jordan for property
Jordan
damage, alleging that gold ring was
•
missing from items returned to her
by Police Department on or about
.
October 13, 1985.
(h) Cheril Joyce for property damage,
Joyce
alleging Police Department did not
return gold solitaire ring when
valuables were returned to her on,
or about December 13, 1985.
(1) Diana Lee Laddusaw alleging
Laddusaw
personal injuries as result of
being struck in head and face by a
softball while watching a softball
game at Lincoln Jr. High School on
October 18, 1985.
(j) George Nevin alleging improperly
Nevin
placed marker on Balboa Island
Bridge which caused broken wind
screen on flybridge of 27' boat
when claimant attempted to pass
under the Balboa Island Bridge on
October 21, 1985.
(k) Ocean Front Wheel Works alleging
Ocean Front
loss of business due to City's
Wheel Works
refusal to issue a permit on July
18, 1985, allowing claimant to
•
operate a fast -food retail outlet
at 105 Main Street, Balboa.
(1) Pacific Bell /Case No. 3H546 -0789,
Pacific Bel.
alleging their 25 -pair buried cable
was damaged by City backhoe at U1
Newport Pier on October 16, 1985.
(m) William Powers and Carl White
Powers/
alleging humiliation and mental
White
suffering, etc,, as a result of
incident at Fashion Island Parking
lot on November 21, 1985.
(n) Bob Stewart alleging damage to
Stewart
private sidewalk as well as City
sidewalk due to overgrown tree
roots at 601 Larkspur, and seeking
reimbursement for cost of replacing
sidewalk to front door.
(o) Nancy Suggs alleging damage to rear
Suggs
bumper of vehicle as a result of
being hit by City automobile when
claimant's car stalled at Pacific
Coast Highway on November 19, 1985.
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Volume 40 - Page 13
COUNCIL MEMBERS
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MINUTES
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
•
referral to the claims adjuster:
(a) Joanne Cofano, Case No. 463126,
Cofano
Orange County Superior Court.
Claim was denied by City Council on
January 28, 1985.
(b) Joseph and Doris Louise Howe,
Howe
Orange County Superior Court, Case
No. 475219, Claim was denied by
City Council June 24, 1985,
(c) ITT Grinnel Corporation, Orange
ITT Grinnel
County Municipal Court, Case No.
74944 for damages for breach of
contract and to enforce payment of
claim in Stop Notice,
(d) SPON - Petition for writ of Mandate
SPON
and Complaint for Injunctive
Relief, (Ordinance No. 85 -30,
amending the City's Traffic Phasing
Ordinance; revision to Council
Policy S -1 /Administrative
Procedures for Implementing the
Traffic Phasing Ordinance; and
approval of Negative Declaration
for the project) Orange County
Superior Court Case No. 47- 63 -61.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Equipment Mechanic II,
General Services Department.
(b) Approve one Maintenance Man
II- Asphalt, General Services
Department.
(c) Approve one Laborer, Traffic Signs
and Markings.
(d) Approve one Groundsworker II,
Parks, Beaches and Recreation
Department,
(e) Approve one Police Captain, Patrol
Division.
(f) Approve one Police Lieutenant,
Patrol Division.
•
(g) Approve one Police
Clerk- Administrative Division.
(h) Approve one Custodial Officer,
•
Police Department.
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(i) Approve one Personnel Clerk,
•
Personnel Department.
(j) Approve one Utilities Leadworker,
Sewer Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar.
(b) Report from City Attorney
Water Strg
recommending the relinquishment of
(93)
water storage rights for property
adjacent to the San Joaquin
Reservoir.
(c) Copy of a letter from Building
Building/
Director giving J.A. Jones
J.A. Jones
Construction Company authorization
(26)
to start concrete pour at 3101 W.
Coast Highway at 11:00 p.m.,
Friday, January 17, 1986 and
continue this pour until this phase
of the project is completed
(anticipated completion time is
3:00 p.m., Saturday, January 18,
1986).
•
10. PUBLIC HEARING SCHEDULING:
None.
11. FORD ROAD AND MACARTHUR - Approval of a
SoCAEdsn/
modification to a Grant of Easement with
Grnt Esmt
respect to Southern California Edison
(42)
facilities. (Report from City Attorney)
12. Removed from the Consent Calendar.
13. UPPER NEWPORT BAY SEDIMENT CONTROL AND
Upr Npt Bay
RESTORATION PROJECT /UNIT I (CONTRACT NO.
Sdmnt Cntrl
2441) - Accept the work; and authorize
Unit I
the City Clerk to file a Notice of
C -2441
Completion and release the bonds 35 days
(38)
after Notice of Completion has been
recorded, provided no claims have been
filed. (Report from Public Works)
14. USE PERMIT NO. 3161 - Approve a use
U/P 3161
permit agreement guaranteeing completion
Agmt,
of public improvements required with Use
(88)
Permit No. 3161; (Parcels 1 and 2,
Parcel Map No. 17 -3, located at 1107
Jamboree Road, Northwesterly of the
intersection of Jamboree Road and Back
Bay Drive) and authorize the Mayor and
City Clerk to execute said agreement.
•
(Report from Public Works)
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MINUTES
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15. RESUBDIVISION NO. 724 - Approve the
Resub 724
issuance of an encroachment permit
(84)
•
(Application of Balboa Fun Zone Ltd.)
for construction of nonstandard
improvements along Edgewater Place, Palm
Street, Washington Street and Bay Avenue
frontages; approve and authorize the
Mayor and City Clerk to execute an
encroachment agreement to be recorded
with the Orange County Recorder.
(Report from Public Works)
16. RESUBDIVISION NO. 765 - Approve the
Resub 765
issuance of an encroachment permit for
(84)
construction of a fish market, wood deck
for public use, decorative paving and
appurtenances within the Edgewater Place
right -of way located between Adams
Street and Palm Street; and approve and
authorize the Mayor and City Clerk to
execute an encroachment agreement to be
recorded with the Orange County
Recorder. (Report from Public Works)
17. Removed from the Consent Calendar.
18. HARBOR PERMIT APPLICATION #225 -700 -
Harbor Perm
Approve application by Nick DiBari to
#225 -700
revise the residential pier and float
(51)
bayward of 700 South Bay Front, Balboa
•
Island, subject to conditions listed in
the staff report. (Report from Marine
Department)
19. HARBOR PERMIT APPLICATION #119 -223 -
Harbor Perm
Approve application by Newport Harbor
#119 -223
Shipyard to construct additional
(51)
bulkhead bayward of 223 21st Street,
subject to conditions listed in the
staff report, (Report from Marine
Department)
20. CITY COUNCIL TRAVEL AUTHORIZATION AND
Council
EXPENSE RECORD - Approve expense record
Expense
for Council Member Evelyn R. Hart, in
(33)
the amount of $158.00 for trip to
Sacramento to attend Legislative meeting
on November 20, 1985.
21. NEWPORT BOULEVARD CHANNEL BRIDGE -
Npt B1 Chnl
Approve request from staff to place this
Brdg
matter on the January 27, 1986 agenda
(74)
for City Council discussion and action.
(Report from Public Works)
• .
22. BUDGET AMENDMENTS - For approval:
(25)
BA -047, $36,000 - Increase in Budget
•
Appropriations to provide for upgrading
of CM -11 connection from 20 cu; ft. per
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second to 30 cu. ft. per second, located
at Ford Road and San Miguel Drive (MWD
•
System); Water Fund.
BA -048, $8,000 - Increase in Budget
Appropriations for installing two lights
in parking lot occupying the former
Corona del Mar School site; General
Fund.
BA -049, $7,111 - Increase in Budget
Appropriations and Revenue Estimates to
provide for street improvements at 28th
and Lafayette; Contributions Fund.
BA -050, $28,000 - Transfer in Budget
Appropriations for completion of funding
of the sewer main replacement portion of
Contract No. 2504; Public Works -Sewer
Main Replacement Fund.
BA -051, $38,000 - Increase in Budget
Appropriations and Decrease in
Unappropriated Surplus for completion of
funding of the water main replacement
portion of Contract No. 2504; Main
Replacement Program -Water Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR.,
•
1. Report from Parks, Beaches and
PB &R /Agtc
Recreation Director with recommendation
Actvts
to adopt as a management plan, listed
(62)
rules and regulations as they relate to
AQUATIC ACTIVITIES PROVIDED BY THE CITY
at specific locations, was presented.
Motion
x
Council Member Hart moved to approve the
All Ayes
Management Plan as submitted, but
requested that the Parks, Beaches &
Recreation Commission be notified that
the City Council is reviewing Marina
Park, and will be looking at a beach
access plan, and as a result, some
modifications may need to be made in the
Plan.
2. Proposed resolution amending Resolution
Cncl Ad He/
No. 85=87, extending the termination
Teen /Yth
date and adding to the duties, and
Cmte
membership of the Council Ad Hoc
(24)
Committee evaluating the feasibility of
a Teen /Youth Committee, was presented.
ion
x
Motion was made to adopt Resolution No.
Res 86 -7
Ayes
86 -7 as amended, showing one
representative from the Chamber of
Commerce (rather than two); one
representative from the Restaurant
•
Association; and one representative from
the school district.
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MINUTES
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3. Proposed ordinance establishing Ord 86 -1
regulations for vesting tentative maps Regs fr
•
was presented with a report from the Vestg TMps
Planning Department. Rsdntl SubD
ion
x
Motion was made to introduce, schedule (68)
1 Ayes
for public hearing and pass to second
reading on January 27, 1986, Ordinance
No. 86 -1, being,
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH ESTABLISHING REGULATIONS FOR
VESTING TENTATIVE MAPS FOR
RESIDENTIAL SUBDIVISIONS.
4. Report from Public Works recommending Resub 808
approval of a subdivision agreement (84)
guaranteeing completion of the public
improvements required with RESUBDIVISION
NO. 808; (a portion of Lot 817 of the
First Addition of the Newport Mesa Tract
located at 827, 835, 843 and 847 15th
Street, on the southerly side of 15th
Street, between Placentia Avenue and
Monrovia Avenue, in the West Newport
Triangle area) and authorizing the Mayor
and the City Clerk to execute subject
agreement, was presented.
Motion
x
Motion was made to approve the foregoing
Ayes
and in addition, approve parcel map and
acceptance of the vehicular access
- rights to 15th Street, except private
drives, as recommended by staff.
5. Report from City Attorney recommending Permit/
approval of an Encroachment Agreement Enchrcmt
authorizing installation of a ferris Balboa Fn
wheel in conjunction with redevelopment Zone
of the BALBOA FUN ZONE, was presented. (65)
The City Attorney stated that the
subject agreement provides for an
initial time period of 3 years, and four
subsequent 3 -year extensions if the
concessionaire and developer are not in
default. The property owner has now
requested that the provision relating to
the four 3 -year extensions not contain
any limits so that they will be able to
have the ferris wheel at that site so
long as they comply with the provisions
of the agreement. He stated he had no
objections to the request and
recommended approval
Pion
x
Motion was made to approve the foregoing
AlAyes
Encroachment Agreement, with an
•
amendment for unlimited duration.
Volume 40 - Page 18
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MINUTES
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subject to full compliance with the
terms and conditions of said agreement
•
as recommended by the City Attorney.
•
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 85 -32, being,
Ord 85 -32
Bus Lic/
AN ORDINANCE OF THE CITY OF NEWPORT
Massage
BEACH AMENDING CHAPTER 5.50 OF THE
(27)
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO MASSAGE
ESTABLISHMENTS,
was presented for second reading with
report from Assistant City Attorney.
Letter from Andrea G. Badger regarding
proposed massage ordinance, was
presented.
It was noted that the Police Department
had reviewed the proposed new
regulations and have recommended
approval.
Rich Long of the Police Department,
addressed the Council and stated he was
available for questions. In response to
the Mayor, he stated that there have
been complaints against certain Massage
•
Parlors, which their department has
investigated.
LaDonna Whiteford, 5188 Piccadilly
Circle, Westminster, Massage Technician,
addressed the Council and pointed out
areas of concern in the Ordinance which
she felt were unclear, and suggested
this matter be continued for further
clarification.
Motion
x
Following discussion, motion was made to
All Ayes
continue this item to February 10, 1986;
direct the staff to hold an informal
meeting with affected massage
establishments to receive their input;
and direct the staff to prepare a
summary of the "key points" of proposed
Ordinance No. 85 -32 for presentation on
February 10.
I. CONTINUED BUSINESS:
1. APPOINTMENTS TO THE CITIZENS ADVISORY
Citzens
COMMITTEES for a one -year term expiring
Advsry
•
December 31, 1986 (appointed by Council
Cmtes
upon recommendation of each Council
•
Member).
Volume 40 - Page 19
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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Motion
Ayes
•
•
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MINUTES
January 13, 1986
INDEX
Bicycle
rrails
EQ /Beautf
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Lots
(73)
x
Motion was made to confirm the following
appointments:
Bicycle Trails Citizens Advisory
Committee
(District 2) Mayor Pro Tem
Plummer's reappointment of Raymond
Melissa and deferred remaining
appointment to 4- 14 -86.
(District 5) Mayor Maurer's
reappointment of James Andre.
(District 7) Council Member Cox's
appointment deferred to January 27,
1986.
Environmental
Quality /Beautification Citizens
Advisory Committee
(District 2) Mayor Pro Tem
Plummer's reappointment of Rosemary
Luxton and Judy White.
(District 6) Council Member Agee's
reappointment of Virginia Herberts.
(District 7) Council Member Cox's
reappointment of Gordon Kilmer.
J. CURRENT BUSINESS:
1. Report from the Executive Assistant to
the City Manager concerning the
acquisition, through eminent domain, of
certain Cannery Village lots located at
411 -413 and 415 30th Street, was
presented.
The City Clerk reported that after the
agenda was printed, a letter was
received from Sharon Haire, real estate
agent, requesting this item be continued
to January 27, for the reasons set forth
in her letter and in addition, a letter
from Tom Keefer, owner of 415 30th
Street, wishing to address the Council
on this item.
Tom Keefer, 212 Magnolia, addressed the
council and stated that he is the owner
of 415 30th Street and that the County
Assessor has assessed his property at
$220,980; whereas, the City's appraisal
came in at $178,000, a $43,000
reduction. He stated that he is paying
taxes on the assessed value by the
County and feels the appraisal by the
City is too low.
Volume 40 - Page 20
INDEX
Bicycle
rrails
EQ /Beautf
PropAcq/
Cory Vlg
Lots
(73)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\CAL 'otp ROLL January 13, 1986
•
•
Motion
All Ayes
0
•
MINUTES
INDEX
PropAcq /Cnry
Vlg Lots
Ben Jackson, Attorney, #1 Civic Plaza,
representing the Gilsand Corporation,
addressed the Council and stated that he
was in agreement with a two -week
continuance as requested by Sharon
Haire.
x
Motion was made to continue this item to
January 27, 1986.
2. (Refer to Minute Page 5) Council Ad Hoc
Committee to Determine Whether the City
Should Establish a Teen or Youth
Committee.
R. ADDITIONAL BUSINESS:
None.
Meeting adjourned at 11:30 p.m.
1:
yor
ATTEST:
City Clerk
poll _
®
�� <fF0
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PropAcq /Cnry
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