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HomeMy WebLinkAbout08/09/1982 - Regular MeetingC U IME RS ROLL CALL REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: August: 9, 1982 MINUTES INDEX_ Permaplaqued Certificates of Appreciation were presented to outgoing Board of Library Trustees member David Henley, and Planning Commissioner Allan Beek. sent x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of July All Ayes 26, 1982, was waived, approved as amended on Page 227 paragraph 1, :Line 6... "state of the art" had..., and ordered filed. Motion x C. The reading of all ordinances and resolutions under All Ayes consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing Residential regarding proposed Ordinance being, Condo Prj/ PC Amud 568 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (94) AMENDING CHAPTER 20.73 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO RESIDENTIAL CONDOMINIUM PROJECTS, PLANNING COMMISSION AMENDMENT NO. 568, a request initiated by the City of Newport Beach to consider an amendment to Chapter 20.73, Title 20, of the Newport Beach Municipal Code, regarding Residential Condominium Projects. Report from the Planning Department, was presented. . Report from the City Attorney, was presented. The City Attorney stated that his office had just received the opinion from the Fair Political Practices Commission-as to the Council's concern over possible conflict of interest issues regarding the subject ordinance, and after reviewing said opinion, he felt there would not be a conflict of interest if the Council did not take any testimony at this time, and took the recommended action on the agenda. Motion x Motion was made to close the public hearing; disal- All Ayes low introduction of proposed ordinance; and direct the Planning Commission to consider changing the implementation action of Objective 9 of the Housing Element in recognition of conditions over loss of rental housing and dislocation of rental tenants. 2. Mayor Heather opened the public hearing and City St. Andrews Council review of action taken by the Planning U/P 822(A) Commission on June 24, 1982, to approve a TRAFFIC (88) STUDY, USE PERMIT NO. 822 (AMENDED), AND RESUB- DIVISION N0. 723, applications of the ST. ANDREWS PRESBYTERIAN CHURCH, Newport Beach to permit the construction of a new church facility located in the R -1 and R -2 Districts at 600 St. Andrews Road, on property bounded by St. Andrews Road, Clay _ • Street, and 15th Street, across from the Newport Harbor High School in Cliff Haven. Volume 36 - Page 245 CITY OF NEWPORT BEACH COUNCIL ME 8 RS MINUTES s RAI i C61 1 GS� n jnoo unw i Iwcn In response to Mayor Heather's inquiry regarding a St. Andrews possible conflict of interest inasmuch as she is a U/P 822(A) member of St. Andrews Church, the City Attorney advised that, in his opinion, the Mayor could participate in this matter; there would not be a conflict of interest; and said participation would not taint any decision of the City Council. The Mayor stated that she has not pledged any monies towards the Church building fund and has "divorced" herself as much as possible as to the decision making as a member of the Church, so that she could still fulfill her City function and represent the City fairly. Report from the Planning Department, was presented. Letters in support of St. Andrews expansion were received from: Harold Zook, Architect; John Thousand; Ralph and Dorothy Hilmer; Sid Lindmark, President of the Illuminators (w /petition signed by 26 of their members); Mr, and Mrs. Pat Halderman; Betty Mitchell; Mrs. Mildred Nelson; Mary and George Ingles; Mrs. B. Atkinson; Frank and Phyllis Herman; Pearl Oberlin; Robert Curtis; Peggy Caudell; R. G. Mitchell; Mr. and Mrs. Francis Brown; and Henry Swenerton; Charles and Marie Palmer; Pete and Orlene Foss; Phyllis and Kenneth Fowler; Dr, and Mrs. • Ronald Rebal; and Edward and F. Joy Ellison. Letters opposing St. Andrews expansion were re- ceived from: Marcia Maze; Marie Eggstaff; Tom and Arline Parker; and Barbara Whitford. The City Clerk advised that after the printing of the agenda, additional letters were received from the following: Opposed - Gay and Randall McIlwain, Elaine and Dick England, Dorothy McKee, Linda Scheck,' Hollie A. Double, Newport Crest Homeowners Association, and Dennis W. Double. Supporting - Frank Caudell, Alice M. Pomeroy, E. J. Hunter, Edgar R. Barton, John W. Watts, and Mr. and Mrs. R. McCallum. A letter was also received from Paul Ryckoff re- garding the proposed height limit. In addition, the City Clerk advised that Cathy Schuller of 900 Kings Road, had telephoned and voiced opposition to the proposed tower. • Volume 36 - Page 246 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES Rni i CAi i Jn� Aueust 9. 1982 iwnry Milan Dostal, representing the Applicant, stated St. Andrews that the Church project has been in the works for U/P 822(A) over 20 years, and that there was a drastic need • for the facility being sought. He stated that the Church was a function of the entire community and serves a valid social need in the City. They felt it would be a major asset and add an economic boost to the community. In response to Council inquiries, Mr. Dostal stated that the proposed cross - licensing parking agreement between the School District and the Church is currently being studied by the legal counsel for the school. As to the economic aspects of the proposed expansion, it was felt that, because of the landscaping and the quality of architecture, the surrounding property values would increase. Dr. John Huffman of St. Andrews Church stated that the Church serves the operational needs of the community and is not just a neighborhood church. He stated that 67% of their membership consists of Newport Beach residents. He discussed some of the programs and services they provide and indicated they were outgrowing their present facility. He stated that they currently have a membership of approximately 3,000; however, their present sanctu- ary was only designed to hold 1,500. He urged the Council to grant their request for the expansion. C. Edward Ware, Architect for the project, referred ® to exhibits on display, which he stated represent the needs of the Church in areas of worship, class - room and fellowship. He stated that in consulta- tion with the Planning Department staff, they designed the facility upward and more compact, and by doing so, they are maintaining more open space. He discussed the height of the tower and stated that it would not be a detriment to surrounding properties. The following persons addressed the Council in favor of the proposed expansion: Charles Palmer, 1701 Kings Road; Dora Hill, 617 Via Lido Soud; Vin Jorgensen, 1533 Antigua Way; Roy Ward, 1508 Galaxy Drive; Chuck Rubsamen, 1208 S. Bay Front, Balboa Island; John Palmer Miller, 1621 Ruth Lane; and Larry Weisoff, Corona del Mar. Brion Jeanette, resident of Newport Heights, stated that he had been asked by some of the residents of Cliff Haven and Newport Heights to address the Council regarding their concerns. He stated that, if the parking agreement between the School and the Church is a condition of approval, they feel the requirement should be met prior to approval of the project. Another concern is the height of the • Volume 36 - Page 247 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ROLL CALL �n August 9. 1982 lmnry building in relation to the existing one -and two- St. Andrews story buildings in the area. They feel the steeple U/P 822 (A) will reduce residents' privacy and solar rights, • and suggested the steeple be brought down to scale with the area. In addition, they feel the Church membership will increase as a result of the expan- sion which will create additional problems to surrounding residents. In response to comment made regarding use of the high school parking lot, it was pointed out that Condition of Approval No. 39 states "that in the event the Church should lose the opportunity to park in the high school parking lot, they shall be required to come back to the City for an amendment to this use permit and provide adequate off - street parking." Barbara Whitford, 406 Snug Harbor, Member of St. Andrews Church and Cliff Haven Homeowners Associa- tion, addressed the Council and read a prepared statement in opposition to the proposed expansion. She stated that the proposed use was not consistent with the General Plan and was not compatible with single - family residential. Motion x Inasmuch as the Council had considered this item approximately one and one -half hours, motion was made to continue the public hearing to September 13, 1982. In addition, a committee was appointed con- sisting of two members from the homeowners associa- tions, two representatives of the Church, and Mayor Pro Tem Hart and Council Member Maurer, to meet in • an attempt to resolve major concerns. The Mayor inquired if there was anyone in the audience who could not attend the continued hearing on September 13 and wished to give testimony at this time. Willard Courtney, 611 St. James Place, made refer- ence to the Master Plan of Facilities prepared by Larry Seeman Associates, Inc., and stated that the figures with respect to parking were "illogical and don't fit." He indicated he did not feel there would be adequate parking for the number of people attending the Church. Larry Smith, 3 Oakmont Lane, spoke in support of the project. He stated he felt the parking requirement were being met and urged approval of the request. He stated that in driving through the neighborhood he has noted the area is expanding with many home additions, remodeling, etc., which he did not feel increased traffic. He also felt the traffic on Sundays in the area of Dover and the Church was minimal. Bob Cooper, 418 Signal Road, appeared in opposition to the proposal. He indicated he did not approve of the appearance of the structure, as it was not • compatible with the area. Volume 36 - Page 248 CITY OF NEWPORT BEACH C UNk0nkb B RS MINUTES � G Pr%i I CAI I August 9. 1982 wnry All Ayes The motion on the floor was voted on, and carried. • E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, except All Ayes for those items removed: 1. ORDINANCES FOR INTRODUCTION: Pass to second read- ing and adoption on August 23, 1982: (a) Proposed Ordinance No. 82 -18, being, Ord 82 -18 VehCode /Enfcin AN ORDINANCE OF THE CITY OF NEWPORT BEACH (85) RESCINDING SECTION 12.66.040 OF THE NEWPORT BEACH MUNICIPAL CODE REMOVING VEHICLE CODE ENFORCEMENT FROM PRIVATE STREETS IN NEWPORT CREST. (Report from Traffic Affairs Committee) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 82 -118 requiring vehicles on Tfk /Signals & Prospect Street to stop at Seashore Drive and Signs directing the Traffic Engineer to erect and Res 82 -118 maintain.all necessary signs thereat. (Report (85) from Public Works) (b) Resolution No. 82 -119 approving participation Garbage /Trsh in litigation against the County with regard 0/C Land Fill to County Land Fill Gate Fees. (Report from Res 82 -119 • City Attorney w/ resolution) (44)/(54) (c) Resolution No. 82 -120 approving a Dam Failure Flood Cntrl/ Evacuation Plan (DFEP). (Report from the City Dam Failure Manager) Res 82 -120 (79) (d) Resolution No. 82 -121 requesting the Orange No.Star Bch/ County Board of Supervisors to consider the Aquatic Ctr adoption of a Joint Powers Agreement relative Res 82 -121 to the establishment of an Aquatic Center on (bz) North Star Beach. (Report from Assistant City Attorney) 3. CONTRACTS /AGREEMENTS - For approval: (a) Removed from the Consent Calendar. (b) Agreement with Jean Tandowsky for services as Arts Comsn a publicity consultant for the City Arts Pblcty /82 -83 Commission 1982 -83 Fiscal Year; and authorize C -2116 the Mayor and City Clerk to execute said (38) agreement. (Report from Chairman of the Arts Commission) 4. COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Procedural Ethics Legislation Committee: California Water Resources Associa- (48) tion (Water Resources Statutory Initiative); • and request for recommendations on budget finalization of cities from California Assem- blyman (27th District) Larry Stirling. Volume 36 - Page 249 CITY OF NEWPORT BEACH C \VkkkLo�n ani i re AuornsY q_ 1QR9 MINUTES INDEX Trsh th bly er ge/ s/ nnex llow Ave rbg rprt ins / Aes (b) To Newport Beautification Citizens Advisory Garbage/ Committee for reply and report back, request (44) for trash can at bus stop on 32nd Street, in • front of Market Basket, Carl's Jr., and Kentucky Colonel from Bettie Givens. (c) To City Clerk for reply, confirmation of 0/C Heal William Cunningham as the City's represen- Plug Asn tative to the Orange County Health Planning (54) Council Assembly, and Augene M. Lyons as Alternate. (d) To Bicycle Trails Citizens Advisory Committee SAna Ric for inclusion in the records, personal thanks Bic Brif from R. H. Clucas, President, West Newport (74) Beach Association, for bicycle bridge over the Santa Ana River. (e) To the Planning Department for reply and SAna Hgt inclusion in the records, letter from Les Zong & I Waverly regarding Santa Ana Heights zoning/ (21) annexation. (f) To Business License Supervisor for reply, Taxis /Ye letter from Richard DeLaney regarding Orange Cab (86) County Yellow Cab (Tate, Inc.). (g) To Traffic Affairs Committee for report back, Tfk /5th letter from Chase 0. Sanderson, Jr., with (85) petition requesting change of traffic circu- lation on Fifth Avenue, east of Jasmine and west of Jasmine alley. • (h) To staff for inclusion in the records, letter Refuse /( of Alan L. Blum commending driver of City (44) vehicle #3613 for abiding by the speed limit laws on Bayside Drive on July 26 at 10:39 a.m. (i) To Building Department for reply, letter from Bldg /(2E Sanford Newton regarding property at 2149 Miramar Drive. (j) To the Executive Assistant to the City Man- 0/C Johr ager for inclusion in the records, letter. Wayne Aj from Quick Corporation of America opposing (54) any airport expansion. (k) To City Council Ad Hoc Airport Committee, Resoluti Resolution of the City of Anaheim (82R -386) Other Ci affirming opposition to the recommendation of (77) the Orange County Blue Ribbon Regional Air- port Committee of Santiago Canyon for a new regional airport site. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letter of thanks to the City Council for the opportunity to present the urgent need for Orangewood, and Council's participation • toward funding. Volume 36 - Page 250 Trsh th bly er ge/ s/ nnex llow Ave rbg rprt ins / Aes CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES ti 9y `rl`�v R01 I rAl Auwnat- 4_ 19R? wnw (b) Al "King Alfonso" Lizanetz's letter regarding his ongoing campaign against Seagram Distil- lery. (c) Minutes of June 23 and Preliminary Agenda of August 11, 1982 for the Local Agency Forma- tion Commission for Orange County. (d) Orange County Division /League of California Cities' Minutes of June 10, Notice of Special General Meeting on July 29, and Tentative Agenda for August 12, 1982. (e) South Coast Air Quality Management District notice of Workshop on Proposed rule 1150 (Excavation of Landfill Sites). (f) Application No. 82 -07 -43 before the California Public Utilities Commission, Greyhound Lines, Inc. for request to increase its passenger bus fares and package express rates. (g) West Newport Beach Association President's letter of thanks for the extra effort of protection of their area on the 4th of July. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Automobile Club of Southern California for SoCaAuto Clb/ Virsan and Robert Parker for property damage Parker alleging City Fire Department walked on claimant's vehicle while fighting fire next • to it on April 24, 1982, at 2300 Pacific Coast Highway. (b) Robert B. Belknap for property damage alleg- Belknap ing tire and rim from City truck bounced out, causing blowout to claimant's tire on July 14, 1982, at Superior Avenue and Coast High- way. (c) Dennis Lawrence for property damage alleging Lawrence Police motorcycle ran into his vehicle on July 25, 1982, on Coast Highway and Morning Canyon. (d) Removed from the Consent Calendar. (e) Donnabelle Medred for personal injuries Medred sustained by her son as the result of alleged raised sidewalk while participating in 5 -K Run on Goldenrod Avenue, on June 5, 1982. (f) Gerald Richard Mitchell alleged damage and Mitchell personal injury sustained on May 24, 1982, claiming he was erroneously arrested and detained for several hours unnecessarily. (g) Neil H. Smith for property damage, alleging Smith • City truck hit stop sign which caused sign to fall on claimant's vehicle on July 20, 1982, at Bristol Avenue. Volume 36 - Page 251 CITY OF NEWPORT BEACH C U ME B RS MINUTES Rnl I Cal I On N Aueust 9. 1982 lunry (h) Mrs. William Roode for property damage, Roode alleging refuse collectors tore metal edging off roof eaves, as well as wood and asphalt shingles at 1910 Court Avenue, on June 21, 1982. (i) Judith Hanrahan for property damage alleging Hanrahan City van backed into her vehicle on July 25, 1982 at 19th Street. For rejection - not timely filed: (j) Late claim of John E. Marr for $40 alleging Marr he was not returned the money he found which he turned into the Police Department on January or February 1981, near 2001 Vista Caudal. 7. SUMMONS AND COMPLAINTS: None. 8. REQUEST TO FILL PERSONNEL VACANCIES - For approval: (66) (Report from the City Manager) (a) One Police Clerk, Police Department. (b) One Refuse Crewman, General Services Depart- ment. 9. STAFF AND COMMISSION REPORTS: For Council information and approval - • (a) Report from the Assistant to the City Manager Balboa Pier regarding the STATUS OF THE BALBOA PIER Cncsn CONCESSION. C -2326 (38) For Council information and filing - (b) Report listing PARKS, BEACHES AND RECREATION PB &R Cmsn COMMISSION OFFICERS FOR FISCAL YEAR 1982 -83. (24) (c) Memorandum from Newport Beautification Waste Mgm/ Committee with report from Environmental Hazardous Mat Services Coordinator regarding HAZARDOUS (74) MATERIAL INCIDENTS. 10. PUBLIC HEARING SCHEDULING: None. 11. ACCEPTANCE OF SANTA ANA AVENUE MUDJACKING (C -2315) SAna Ave /Mud - Accept the work; authorize the City Clerk to Jacking file a Notice of Completion and release the bonds C -2315 35 days after Notice of Completion has been filed. (38) (Report from Public Works) 12. ACCEPTANCE OF 1981 -82 SEWER MAIN REPLACEMENT Sewer Main PROGRAM (C -2200) •- Accept the work; authorize the Rplcm Frog City Clerk to file a Notice of Completion and C -2200 release the bonds 35 days after Notice of Comple - (38) tion has been filed. (Report from Public Works) • Volume 36 - Page 252 CITY OF NEWPORT BEACH C UNCIL ME B RS MINUTES v ROLL CALL n� �A August 9, 1982 ujnry 13. ACCEPTANCE OF IMPROVEMENTS IN RESUBDIVISION NO. Resub 640 640 - Accept the public improvements constructed (84) in conjunction with Resubdivision No. 640 (Lots • 10, 11 and 12 and a portion of Lot 13, Block 130, Lake Tract, located at 201 -30th Street and West Balboa Boulevard in West Newport); and authorize the City Clerk to release the Faithful Performance Bond (#OSM 557475) and Labor and Materials Bond (#OSM 557475) in six months provided no claims filed. (Report from Public Works) 14. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10272 - Tr 10272 Accept the public improvements constructed in conjunction with Tract No. 10272 (Southwesterly corner of Placentia Avenue and 15th Street in the Old County Triangle Area (Annexation No. 87)); authorize the City Clerk to release the Faithful Performance Bonds (#'s 2968040/2968041); and the Labor and Materials Bonds (11's 2968040/2968041) in six months provided no claims filed; and release the Monumentation Bond ((12968043). (Report from Public Works) 15. ACCEPTANCE OF IMPROVEMENTS IN TRACT NO. 10849 - Tr 10849 Accept the public improvements constructed in conjunction with Tract No. 10849 (Easterly side of Monrovia Avenue, south of 15th Street in the Old County Triangle Area (Annexation No. 87)); author- ize the City Clerk to release the Faithful Perfor- mance Bonds (#'s SCR 7089874/7089875); Labor and Materials Bonds (#'s SCR 7089874/7089875) in six months provided no claims filed; and release the Monumentation Bond (#SCR 7089907). (Report from • Public Works) 16. INTERSECTION IMPROVEMENTS AT CAMPUS DRIVE AND MAC- Campus Dr/ ARTHUR BOULEVARD AND AT JAMBOREE ROAD AND MACARTRup MacArthr B1 BOULEVARD - Authorize participation in the amount (t) of $29,920 from the Circulation and Transportation Fund for the construction of improvements at Campus Drive and MacArthur Boulevard, and Jamboree Road and MacArthur Boulevard. (Report from Public Works) 17. ACQUISITION OF 203 -41ST STREET (LOT 13 AND THE P /W /Aprsl NORTHEASTERLY 3.57 FEET OF LOT 14, BLOCK 141, (74) CANAL SECTION) AP#045- 235 -08 - Authorize staff to retain an appraiser to determine the value of 203 -41st Street. (Report from Public Works) 18. ACCEPTANCE OF MISCELLANEOUS RESURFACING AND RE- Misc Rsrfcg/ CONSTRUCTION (C -2300) - Accept the work; and Rcstrctn authorize the City Clerk to file a Notice of C -2300 Completion and release the bonds 35 days after (38) Notice of Completion has been filed. (Report from Public Works) 19. COUNCIL EXPENSE ACCOUNT - Approval of expense Cncl Expns/ account of Council Member Paul Hummel in the Hummel amount of $258.86 for attendance at the Monterey, (33) California /League of California Cities Conference • from July 7 to 9, 1982. Volume 36 - Page 253 CITY OF NEWPORT BEACH C U ME B RS MINUTES Rnl I CGI I Sn �D Avonst 9_ 1982 unw 20. UPHOLD STAFF'S APPROVAL OF THE FOLLOWING PERMITS: Spcl Evnts/ Permits Special Event: permit for Big Canyon Country (65) . Club for August 21; and Special Event and Sound Amplification permit for S. M. Collester on August 15. 21. REQUEST FROM PARKS, BEACHES & RECREATION COMMIS- PB &R BdgtAmn/ SION FOR BUDGET AMENDMENT FOR BUFFALO HILLS PARK Buflo Hls Pk REFURBISHMENT- Refer to the City Manager for (25) consideration in the preparation of the 1983 -84 Budget. (Report from Parks, Beaches and Recrea- tion) 22. BUDGET AMENDMENTS - For approval: BA (25) BA -004, $2,000.00 Increase in Budget Appropriation for purchase of Air Compressor; Equipment, N.O.C. Water Fund. Report from the City Manager regarding the follow- ing budget amendments: BA -005, $1,840,700.00 Decrease in Unappropriated Surplus and increase in Budget Appropriations for Retirement, Health, Insurance and Salary Increases; General Fund. BA -006, $157,375.00 Decrease in Unappropriated Surplus and increase in Budget Appropriations for Retirement, Health Insurance and Salary Increases; Parks, Beaches and Recreation Fund. BA -007, $87,255.00 Decrease in Unappropriated Surplus and increase in Budget Appropriations for Retirement, Health Insurance and Salary Increases; Library Fund. BA -008, $5,090.00 Decrease in Unappropriated Surplus and increase in Budget Appropriations for Retirement, Health Insurance and Salary Increases; Tide and Submerged Lands Fund. BA -009, $95,885.00 Decrease in Unappropriated Surplus and increase in Budget Appropriations for Retirement, Health Insurance and Salary Increases; Water Fund. BA -010, $755,035.00 Increase in Budget Appropria- tions for Capital Improvement carry -overs approved by City Council; General Fund. BA -011, $67,410.00 Increase in Budget Appropria- tions for Capital Improvement carry -overs approved by City Council; Park and Recreation Fund. BA -012, $83,800.00 Increase in Budget Appropria- tions for Capital Improvement carry -avers approved by City Council; State Gas Tax Fund. •. Volume 36 - Page 254 CITY OF NEWPORT BEACH C U ME 8 RS MINUTES A „o „et a iaa9 y yG3 y9y s��G�� ROLL CALL Sn INUtX BA -013, $76,000.00 Increase in Budget Appropriation for Capital Improvement carry -avers approved by City Council; Tide and Submerged Lands Fund. BA -014, $114,835.00 Decrease in Unappropriated Surplus for Capital Improvement carry -overs ap- proved by City Council; Contribution Fund. BA -015, $21,840.00 Decrease in Unappropriated Surplus for Capital Improvement carry -overs ap- proved by City Council; Water Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed agreement increasing the rates for Animal Animal Shltr Shelter services, was presented with a report from C -2116 the City Manager. (38). Motion x Pursuant to recommendation of the City Attorney, All Ayes motion was made to amend paragraph No. 14 of the subject agreement to allow the City to terminate said agreement upon 60 days written notice with or without cause, and in addition, to approve the pro- posed increase in rates for animal shelter services as recommended by the staff. 2. Claim of Dean Kendall Maccabe for personal injuries Maccabe/ allegedly sustained as a result of foreign object Claim he hit when diving into ocean at Cameo Shores, (36) Corona del Mar, on April 22, 1981, was presented. Motion x Pursuant to recommendation of the City Attorney, Ayes motion was made to reject the subject claim as not timely filed. H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 82 -13, being, Ord 82 -13 Video Games/ AN ORDINANCE OF THE CITY OF NEWPORT BEACH Zoning AMENDING TITLES 5 AND 20 OF THE NEWPORT BEACH (94) MUNICIPAL CODE TO REGULATE ELECTRONIC VIDEO GAME MACHINES, PLANNING COMMISSION AMENDMENT NO. 572, a request PCA 572 initiated by the City of Newport Beach to consider amendments to Titles 5 and 20 of the Newport Beach Municipal Code establishing regulations pertaining to the operation and location of electronic video game machines in the City of Newport Beach, was presented for second reading. Report from Planning Department, was presented. Motion x Motion was made to adopt Ordinance No. 82 -13. Ayes x x x x x x Noes x Volume 36 - Page 255 CITY OF NEWPORT BEACH C UNCIL ME 8 RS RAI I CGI I k L!n'P -0 August 9. 1982 MINUTES INDEX P 1717(A) 8) icl Plcy/ .1 19) I. CONTINUED BUSINES: 1. Reports from Dennis O'Neil, and Assistant City U/ Attorney regarding RICK LAWRENCE PERFORMANCE (8 AGREEMENT AND PROPOSED MODIFICATION THEREOF, was presented. Richard Lawrence, 505 -29th Street, addressed the Council and stated that he had just read the reports prepared by the staff and Mr. O'Neil, and did agree with the findings. However, he did not agree with the proposed penalty of $1,500 because of the time element in which he was required to do the work, and asked the Council for reconsideration Mr. Lawrence also requested the Council consider reducing the bond amount for completion of the hotel. Motion x Following discussion, motion was made to adopt the Ayes x x x x x x recommendation of the Hearing Officer and assess Noes x Richard Lawrence the $1,500 penalty; reduce the bond for completion of the hotel to $50,000; and extend completion date of said hotel to December 31, 1982. 2. Report from the Assistant City Attorney regarding Cr MELLO BILL GUIDELINES - PROPOSED CITY COUNCIL P- POLICY P -1, was presented. (E During course of consideration, and there being no objections, the following language was deleted from the proposed policy (beginning at the bottom of Page 1), "the relatively small profits that flow from projects involving two or fewer residen- tial units..." A straw vote was taken as suggested by Council Member Strauss to delete Item 1.(c), under "Exempt Projects," which states as follows: "The conversion or demolition of a residential structure for purposes of a nonresidential use which is either 'coastally dependent' or 'coastally related' as those terms are de= fined in the Coastal Act of 1976, as amended, and which nonresidential use is consistent with the applicable local Coastal Plan designation." The green light was selected to retain Item 1.(c), and the red light was used to delete the section: Green x x x x Item 1.(c) to remain in the policy. Red x x x Volume 36 - Page 256 INDEX P 1717(A) 8) icl Plcy/ .1 19) C UN ? CIL ME B RS 1 ROLL CALL Motion All Ayes 0 Motion All Ayes Motion All Ayes Motion All Ayes 1* Motion All Ayes �! �> IL MINUTES A.... .. Q 1QR9 INDEX NB /CAC (24) SoCoast Repertory/ Request (76) U/P 2089 (88) O/C -John Wyn Airport (54) x Motion was made to add the language "consistent with cost of City processing" after the words "forty units or more" on page 7, and to approve City Council Policy P -1 as amended, including the deletion on page 1 suggested by Council Member Hummel referenced earlier in discussion. J. CURRENT BUSINESS: 1. NEWPORT BEAUTIFICATION CITIZENS ADVISORY COMMITTEE. X Motion was made to accept the resignation of Richard Foxx with regret; direct the City Clerk to prepare a Certificate of Appreciation; and to defer (District 7) Council Member Cox's appointment to fill the vacancy, to August 23, 1982. 2. REQUEST OF SOUTH COAST REPERTORY BOARD OF TRUSTEES' FOR CITY OF NEWPORT BEACH'S CONSIDERATION OF A $10,000 GRANT TO ENSURE THEIR CONTINUED ARTISTIC GROWTH, was presented. x Pursuant to recommendation of the City Attorney, motion was made to refer the subject request to staff for further study and report back on August 23, 1982. K. ADDITIONAL BUSINESS: x 1. Motion was made to schedule a public hearing on September 27, 1982, for Use Permit No. 2089, Condominium project on Carnation Avenue, Corona del Mar. x 2. Upon recommendation of the City Attorney, motion was made to endorse Orange County's defense of the Perimeter Rule (John Wayne Airport /Frontier Air- lines) and to authorize special airport counsel to take whatever legal action is necessary in this regard. Meeting was adjourned at 10:30 p.m. Mayor Attest: ��E4v/pOR 0 City Clerk -"++:' • - $' - C'41 Fo4lla�p' Volume 36 - Page 257 INDEX NB /CAC (24) SoCoast Repertory/ Request (76) U/P 2089 (88) O/C -John Wyn Airport (54)