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HomeMy WebLinkAbout05/09/1983 - Regular Meeting4 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl REGULAR COUNCIL MEETING 0 'r .11 PLACE: Council Chambers �'�� TIME: 7:30 P.M. Rni i �J; ttp DATE: May 9, 1983 MINUTES INDEX Present x x x x x x A. ROLL CALL. Absent x tion x B. The reading of the Minutes of the Meeting of es x x x x April 25, 1983, was waived, approved as Abstained x x written, and ordered filed with correction to Page 139, paragraph 1, line 2, word "new" to show delineation as: .new. Motion x C. The reading in full of all ordinances and All Ayes resolutions under consideration was waived, And the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the continued public GPA 81• hearing regarding GENERAL PLAN AMENDMENT (45) 81 -2, a request initiated by the City of & Newport Beach to amend the Land Use LCP /L[7 Residential Growth, and Recreation and Open Amnd Ni Space Elements of.the Newport Beach General Plan, and the acceptance of an Environmental Document. Components: a) CALTRANS WEST Location: Northwesterly corner of West Coast Highway and Superior Avenue (as realigned). General Plan: Recreational and Environmental Open Space. Zone: 0 -S (Open Space) District. Proponent: State of California, Dept. of Transportation. b) FIFTH AVENUE PARCELS Location: A: Westerly of Marguerite Avenue between Fifth Avenue and Harbor View Drive. B: Northerly of Fifth Avenue between Marguerite Avenue and Buck Gully. C: Along the eastern City Boundary between Fifth Avenue and San Joaquin Hills Road. Volume 37 -.Paee 145 Y? 2 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALL\ 0 ROLL `r 40 • MINUTES May 9, 1983 INDEX GPA 81 -2 LCP /LUP Amnd No. 2 General Plan: Low Density Residential and Recreational and Environmental Open Space. Zone: R -1 -B (Single - Family with B Combining) District. Proponent: The Irvine Company. c) BIG CANYON AREA 16 Location: Southwesterly of MacArthur Boulevard and Ford Road. General Plan: Recreational and Environmental Open Space. Zone: P -C (Planned Community) District. Proponent: The Irvine Company. d) NEWPORT CENTER - BLOCK 400 Location: Northeasterly of Newport Center Drive East and San Miguel Drive. General Plan: Administrative Professional, and Financial Commercial. Zone: C -O -H (Commercial) . District. Proponent: Newport Center Medical Buildings, Inc. e) CAMPUS DRIVE Location: Area bounded by MacArthur Boulevard, Birch Street, Orchard Avenue, and Campus Drive /Irvine Avenue. General Plan: General Industry, Administrative Professional and Financial Commercial, and Retail and Service Commercial. Zone: M -1 -A (Industrial) District, A -P (Administrative, Professional) District, and C -1 (Commercial) District. Volume 37 - P'aee 146 INDEX GPA 81 -2 LCP /LUP Amnd No. 2 COUNCIL MEMBERS 961. 0f39Gp9 ROLL CALL 4 .4 CITY- OF NEWPORT BEACH MINUTES May 9, 1983 INDEX Proponent: The City of Newport GPA 81 -2 Beach, 6 LCP /LUP t AND Amnd No. 2 2. Continued public hearing regarding AMENDMENT NO. 2 TO THE ADOPTED LOCAL COASTAL PROGRAM, LAND USE PLAN, a :request initiated by the City of Newport Beach to amend the Land Use Plan of the Newport Beach Local Coastal Program for the CALTRANS WEST site. Location: Northwesterly corner of West Coast Highway and Superior Avenue (as realigned). LCP: Recreational and Environmental Open Space. Zone: 0 -S. Proponent: State of California, Dept. of Transportation. Report from the Planning Department, was presented. At this time, Council Member Plummer took her seat at the Council table. George Schlafke, 1811 Beneta Way, Tustin, and Newport Beach property owner, addressed the Council regarding the CalTrans West property stating that, there is no guaranty the compromise will be abided by all parties; he was against rezoning; and Newport Beach does not need more high density, or private interest property, but more park and greenbelt areas. Upon Council inquiry, the City Manager related there are still a number of discretionary reviews that must occur, both at the Planning Commission level and City Council level, i.e:., zoning, tentative and final subdivision maps, subject to public hearing and scrutiny by the Planning Commission and City Council. There are laws permitted by the State to assure compliance with conditions imposed by the City. This particular item also has to go before the Coastal Commission with the public hearing process, and it would probably be six months to a year before coming back to the Newport - Beach City Council.. Susie Picker; 110 -9th Street, Balboa, addressed the Council, stating the City already has a tremendous amount of projected growth in the form, of the Banning project, and requested the Council do everything they ' can to contain the CalTrans West property as open space. Volume 37 - Page .141 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Vc�0��9 y9�`<G���'v ROLL rAl 1 �P ��%F�GS,r May 9, 1983 imnpy After determining no one else wished to GPA 81 -2 address the Council, the public hearing was & closed. LCP /1,UP Amnd No. 2 Mo on x Motion was made to approve General Plan All Ayes Amendment 81 -2 and Amendment No. 2 to the adopted Local Coastal Program, Land Use Plan, and adopt Resolution No. 83 -42 accepting, Res 83 -42 approving and certifying the Final Environmental Impact Report; AND Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; AND 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; AND 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 proposed project; and all significant environmental effects that can feasibly be giitigated 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; AND Adopt Resolution No. 83 -43 approving Res 83 -43 amendments to the Land Use, Residential Growth and Recreation and Open Space Elements of the Newport Beach General Plan for the CalTrans West, Big Canyon Area 16, Newport Center - Block 400,.and Campus Drive Sites; AND Adopt Resolution No. 83 -44 approving Res 83 -44 Amendment No. 2 to the Newport Beach Local • Coastal Program Land Use Plan for the CalTrans West site. 'Volume 37 - Pave 1GR CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �o IP s9 ti� c k� r>i,y 9, 1983 R 9 9 s INDEX 3. Mayor Hart opened the public hearing Fire Dpt/ pertaining to WEED ABATEMENT PROGRAM. Weed Abatm (41) Report from the Fire Department dated April 11, 1983, was presented, After it was determined that no one wished to address the City Council on this matter, the public hearing was closed. Motion x Motion was made to adopt Resolution No. 83 -45 Res 83 -45 All Ayes ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalks, parkways and private property within the City. 4. Mayor Hart opened the public hearing Ord 83 -20 regarding ORDINANCE NO. 83 -20, being, CALTRANS WEST /Zong AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 46 FOR A ±13 ACRE PARCEL, KNOWN AS CALTRANS WEST, FROM THE 0 -S DISTRICT TO THE P -C DISTRICT, PLANNING COMMISSION AMENDMENT NO. 587, PCA 587 initiated by the City of Newport Beach to reclassify said property and adopt a core Planned Community District Development Text. Report from the Planning Department, was presented. • The City Manager gave a brief discussion regarding the foregoing that recommends the application of the core Planned Community District text which will permit CalTrans to commence the necessary marketing studies and bidding process. This is in partial response to them for their cooperation in giving right of access to the realignment of Superior Avenue, which has now occurred. The Planning Director's response to the question of Council as to whether the core Planned Community District text allows for "cascading," he stated that it neither allows, nor disallows this type of development. The public hearing was closed, after it was determined that no one wished to speak on this item. Motion x Motion was made to adopt Ordinance No, 83 -20, All Ayes amending a portion of Districting Map No. 46... • Volume 37 - Page 149 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CALL\ ROLL ��'� �� May 9, 1983 INDEX 5. Mayor Hart opened the public hearing and City U/P 3031 Council review of USE PERMIT NO. 3031, a Dezfooly- request of HOSSIEN DEZFOOLYZAHEH AND CYRUS zaheh/ • SHAHRESTANI, Newport Beach, to establish a Shahrestani take -out restaurant with incidental dining (88) and on -sale beer and wine on property located at 703 East Balboa Boulevard, in the C -1 -Z District. The proposal. also includes a request to waive all of the required off - street parking spaces. Report from the Planning Department, was presented. The City Manager presented a summary regarding the approval of Use Permit No. 3031 by the Planning Commission, which was subject to a number of conditions namely, Conditions No. 3 (that no on -sale or off -sale beer and wine licenses shall be permitted in conjunction with this approval), and No. 11 (that the applicants shall be required to pay for four in -lieu parking spaces) on which the applicant wishes to address the Council. It was also noted that Council requested review of Use Permit No. 3031, because several businessmen in the subject area wish to comment on the nature and the density of the take -out food business. The Planning Director stated that when the • Use Permit came before the Planning Commission they exercised their prerogative and overruled staff's recommendation that the parking requirements be waived, and conditioned that four in -lieu parking spaces be required, based upon the number of employees. In addition, the Planning Commission had recommended that Use Permit No. 3031 be continued to a subsequent meeting regarding the license for on- sale /off -sale beer and wine, but the applicants wished to proceed with the hearing, as scheduled on April 11. As a result, the Planning Commission granted the restaurant permit with the condition that there would be neither the on -sale nor the off -sale of beer and wine, and the applicants accepted the condition in order to get the application approved. Hossien Dezfoolyzaheh, 34 Sand Dollar Ct., Newport Beach, Applicant, addressed the Council requesting reconsideration of the conditions imposed by the Planning Commission regarding in -lieu parking, and the sale of beer and wine'. Volume 37 - Page 150 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ���o¢.yq Rni i rep i P yF��PGSJ' May 9, 1983 INDEX In response to Council inquiry, the City U/P 3031 Manager related that the in -lieu parking fees was established by the City in 1972, at • $250.00 per space per year, but after two years of operation, the then City Council felt that this fee could be lowered to encourage rehabilitation of the older areas of the City. They selected the lower of the alternate fees presented to them in a study, which was $150.00, and this fee has existed since 1974. The fees are placed in the City's Parking Fund, and are used to pay for additional off - street parking lots, meters and meter repairs, striping, etc. Buzz Person, 605 -;j West Bay Avenue, Balboa, President of the Balboa Improvement Association, addressed the Council, stating that on behalf of several members of the Association, who recommended denial of Use Permit No. 3031, he requested City Council review of Use Permit No. 3031. The major concern is the proliferation of take -out type restaurants in the Balboa District that are replacing other types of businesses, and as a result, the nature and charm of the area could possibly change. Ms. Teddy Harrison, 2270 Channel Road, Balboa, addressed the Council in support of the applicants, stating that the existing take -out establishments in Balboa should be • subjected to the type of quality competition that the applicants propose to offer, thereby imposing self- improvment of the quality of other fast -food businesses in the area. She further stated that to her knowledge, there is no law stating there can only be a certain amount of businesses in.a particular area. She prepared a written comparison of fast -food businesses and parking of the Newport Pier and Central Balboa areas, where several use permits have been approved for take -out restaurants, and offered to present her analysis for further discussion. Ms. Harrison solicited Council's consideration of the beer and wine license, stating that it was waived only because the owners and tenants had waited a long time before coming before the Planning Commission and did not want to have any further delay. She further stated that the beer and wine license is incidental to the quality of the restaurant, but hoped that Council would reevaluate the condition imposed by the Planning Commission with respect to the beer and wine application. • Volume 37 - Page 151 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 9c�F�f�9 \5\4ptP ROLL CELL � May 9, 1983 iounry Heidi Hildrick, 105 Palm Avenue, addressed U/P 3031 the Council, stating that 13 years ago when she received her permit from the City to operate a restaurant, she was told that if she were to sell beer and wine, she would have to buy off - street parking. She also felt there was an abundance of take -out businesses and that she was against approving more restaurants for the area. With respect to parking in the Balboa and Newport Piers, consideration should be given to the fact that the Catalina boat and the deep sea fishing activities utilize the parking area, and from her experience, from 9 a.m. the parking lots are full. Sid Soffer, 900 Arbor Street, Costa Mesa, and Newport Beach property owner, addressed the Council in support of take -out businesses, stating that they do serve the existing public and should at least be given the opportunity to establish their business. The public hearing was closed, after no one else wished to speak on this item. Motion x Motion was made to sustain the Planning Commission's action on Use Permit No. 3031. Motion x Substitute motion was made to modify the Ayes x x x x x Planning Commission's action regarding Noes x x Condition No. 3, to read: "On -sale beer and wine be permitted, but off -sale not be permitted," and add a new Condition No. 12: "Containers for the disposal of trash shall be provided on the public sidewalk in the manner subject to the approval of the Planning Department." E. PUBLIC COMMENTS: 1. Dick Nichols, 519 Iris Avenue, and President CdM Elmtry of the Corona del. Mar Community Association, School addressed the Council; expressing thanks to the City and the local citizens for their involvment in successfully having the "No Trespassing" signs removed, from the Corona del Mar Elementary School playground area, posted by the School Board. He was glad to see the children back on the playground, and the citizens enjoying the park facility as they have in the past, without it being totally sealed off from public use. 2. Dick Nichols addressed the Council on the Oasis Prk Oasis Park Grading, stating that the Corona Grading del Mar Community Association had not been notified the EIR would be voted on at the Council meeting of April 25, 1983. • Volume 37 - Page 152 CITY OF NEWPORT BEACH COUNCIL MEMBERS \A1 o¢ NNP ROLL ��G�� May 9, 1983 MINUTES M nry At this time, the Council requested that Oasis Park the City Manager brief them regarding the Grading notification process. He stated that at the time the General Plan straw votes were taken at the City Council meeting of April 11, 1983, word was that the grading of the adjacent parcels would be considered by the City Council at their next meeting. The EIR for the Oasis Park Grading was transmitted within a 300 ft, radius of the subject parcel, advising those people of the basic conclusions and findings, and inviting them to submit their conclusions and findings of the proposed project. These were received, and the EIR and the project was then submitted to the City Council at the meeting of April 25, 1983, wherein it was accepted and approved. Also, those people who had called in reference to the project were advised that it was scheduled for that agenda. Council Member. Agee stated that he would be discussing this matter again, under "Additional Business," and request that the City Council reschedule the Oasis Park Grading. . 3. The following persons employed by Air —Cal /C —John addressed the Council in opposition to the Wayne Arpt reduction of flights at John Wayne Airport, • stating that their jobs were at stake, and protesting the use of tax money to fight the airport: Tim O'Sullivan, 559 Promontory Pt., Newport Beach Woolfgang Czaia, 432 Thunderbird Ct, Fullerton Chris Miller, 1206 Blue Fin Lane, Newport Beach Randy Toller, 113• -29th Street, and representing the "Green" party, addressed the Council in support of decreasing flights at John Wayne Airport. 4. Sid Soffer, 900 Arbor Street, Costa Mesa, Cncl Agenda addressed the Council, stating that he was appreciative of the fact that the Newport Beach Council Agenda adequately provides background information, and that he did not have to wait until the end of the Council meeting before he could speak on a nonagenda item, as is the case in the City of Costa Mesa. He also suggested that ferrying airport Airport patrons in smaller aircraft, and utilizing the desert as an airport, as a solution to • the airport noise problem. Volume 37 — Page 153. .. COUNCIL MEMBERS MINUTES ROLL \A[ Ts�9Gtp May 9, 1983 INDEX 5. Susie Ficker, 110 -9th Street, Balboa Weeds /City addressed the Council on behalf of the R -O -W I Central Newport Beach Community Association • regarding an ongoing problem of overgrown weeds in the public right -of -way, in the vicinity of Bay Avenue, Balboa Boulevard, and throughout the City. The General Services Department will be notified of the foregoing. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on May 23, 1983: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Resolution No. 83 -48 awarding an Wtr Mn Emerg Emergency Contract (No. 2389) between Rpr /No. CHwy the City of Newport Beach and S_ E. & Bay Bridge Eaton Company in the amount of Res 83 -48 $15,459.60, for emergency repairs to C -2389 City's control valve for water main (38) • damage as a result of storm damages and determining the urgent necessity therefor (North of Coast Highway underneath the Bay Bridge). (Report from Utilities Department dated April 25; 1983) (d) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2383 to the Paul rfk Sgns /Sgn] Gardner Corporation, Ontario, tnc -28th California, for $101,928.00, for 30th & 32nd modification of traffic signals and Sts safety lighting at the intersections of C -2383 Newport Boulevard at 28th; 30th and 32nd (38) Streets. (Report from Public Works- Traffic Engineering) (b) Award Contract No. 2339 to Ameron, Inc., morning Cnyn for $88,158.00 (Lining Alternative); Rd- Seaward authorize the Mayor and City Clerk to Strm Drn Rhb execute the contract; and approve the -2339 request of .John T. Malloy to be relieved (38) of his low bid on the Lining.Alternative • Volume 37 - Page 154 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \$4p rAi I p y�`9 May 9, 1983 ininov for Morning Canyon Road and Seaward Road Storm Drain Rehabilitation Contract No. 2339 and for the accompanying bid bond • to be exonerated. (Report from Public Works) (c) Award Contract No. 2355 to R. J. Noble Alley Rsfrcg Co., for $372,310.00, Street and Alley Prg '82 -83 Resurfacing Program 1982 -83; and C -2355 authorize the Mayor and City Clerk to (38) execute said contract. (Report from Public Works) (d) Approve concept of Offsite Parking Off -Site Pkg Agreement for O'Connor's and O'Neil's O'Connor's & Restaurant in Civic Center Plaza;.and O'Neil's authorize Mayor and City Clerk to C -2395 execute said Offsite Parking Agreement. (38) (Report from City Attorney) (e) Approve Consent of City of Newport Beach Rarinapark to Sale of Mobilehome and Trailer Park MH Sp. 8B Space - Newport Marinapark ( Mobilehome C -1546 Space No. 8B); and authorize the Mayor (38) and City Clerk to execute said document. 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To staff for inclusion in Balboa Ferry Balboa Ferry Lease Contraot No. 856, copy of H. S. Ls ,C -856 • Beek's notice to State Public Utilities (38) Commission (Application No. 82) regarding increase in fares on April 24, 1983. (c) To Assistant to the City Manager for ATV /Grp W response, letter from H. J. Lorenz (42) regarding Group W Cable service rates, with a copy of response from Group W Cable. (d) To Council. for consideration regarding /C Trsnptn Orange County Transportation Commission Cmsn seat to be vacated by Bill Vardoulis, (54) letters from City of Orange Mayor, James Beam, and City Council of Huntington Beach recommending Mayor Pro Tempore Jack Kelly. (e) To Mayor for support of reappointment of O/C Transit Councilmember Donald A. Holt, Jr:, as a Dst representative to the Orange County (54) Transit District Board of Directors, recommendation letter from City of Placentia Mayor, Robert W. Kuznick. • Volume 37 — Page 155 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \rA11(01\ +o sA G 9 G ROLL �Q�� May 9, 1983 INDEX (f) To Pending Legislation and Procedural - Legislation • Ethics Committee, Resolution No. 5256 of (48) the City of Huntington Beach urging the Governor of the State of California to initiate a comprehensive statewide study and program to resolve beach erosion problems. (g) To Public Works for response, letter SJoaquin from Shelly Streiff regarding proposed Hls Trnsptn Ford Road off ramp of the San Joaquin Crdr Hills Transportation Corridor. (74) (h) To Public Works for inclusion in the Vacation/ records, letter from Community R-O-W Cablevision Company, Plant Development (90) Manager regarding tentative vacation of rights -of -way for Windsor, Hillsborough and Belmont Streets. (i) To City Council Ad Hoc Aviation orgztns/ Committee for consideration, Resolution Org Cnty No. 83 -02 of the Governing Board of the (54) Inter - County Airport Authority inviting the participation of the City of Newport Beach in developing solutions to our mutual air transportation growth requirements. (j) -To Planning Department for inclusion in CdM Prk Site: the records, petition regarding Corona Zong • del Mar Park sites zoning. (68/62) (k) To City Council Ad Hoc Aviation /C -John Wyn Committee for inclusion in the records, krpt copy of letter from Jan D. Vandersloot, (54) . M.D., to Orange County Supervisor Wieder regarding Orange County -John Wayne Airport, and letters from concerned citizens (Mrs. Lorraine Leavitt, Jean Ritter, John E. Worthing, Mr. and Mrs. Phil Greyshock, Paul Ryckoff) regarding proposed recent increase in flights. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Mayor of the City of Santa Ana, Robert Luxembourger °s letter to Supervisor Bruce Nestande regarding future direction of transportation expenditures in the County. (b) Orange County Formation Commission Minutes of April. J3, Preliminary Agenda for May 11, 1983, and Notice regarding proposed annexation to Sanitary District No. 5, designated Annexation No, 11 (MWD Annexation). • Volume 37 - Page 156 CITY OF NEWPORT REACH COUNCIL MEMBERS MINUTES \(A1\1�`� \kPkP ROLL 1p May 9, 1983 INDEX (c) Removed from the Consent Calendar. (d) Orange County Health Planning Council • memo regarding support for renewal of OCHPC designation as a Health Systems Agency. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Edna Hood for damages, allegedly due to Hood negligence: of the City in maintenance and design, of roadway and shoulder on Pacific Coast Highway near Santa Ana River Bridge on January 30, 1983. (b) Martin Hood for damages, allegedly due Hood to negligence of the City in maintenance and design of roadway and shoulder on Pacific Coast Highway near Santa Ana River Bridge on January 30, 1983. (c) Blanche S. McClellan for property McClellan damage, alleging faulty drain caused water damage to carpet and other items at 56 Balboa Coves on March 1, 1983. (d) Kelly Meyer for alleged personal Meyer injuries as a result of stepping into pot hole in street on Begonia Avenue on March 29, 1983. • (e) Don Naslund alleging property damage to Naslund left rear pan6l of his vehicle due to City truck backing out of the parking lot of E1 Rancho Market in Eastbluff on March 5, 1983. (f) Michael G. Stowell alleging personal Stowell injuries by City Police Officer at 2904. W. Pacific Coast Highway on January 23, 1983. (g) Robert Williams alleging personal Williams injuries as a result of trip and fall over hoses maintained by City Utilities Department at Lido Marina Village Shopping Center on March 17, 1983. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Stephanie Lohr, Orange County Superior Lohr Court Case No. 40- 18 -23. Claim was denied by City Council on November 22, 1982. • Volume 37 - Page 157 v COUNCIL MEMBERS MINUTES ��o���G� &tp Rol ( ®� I � � May 9, 1983 INI]FX (b) William F. ' Selle, Orange County Superior Selle Court Case No. 40- 07 -97. Application for Leave to Present Late Claim was • denied by City Council on April 11, 1983. (c) Raul F. Vega, Orange County Superior Vega Court Case No. 39- 93 -70. Claim was denied by City Council on September 27, 1982. 8. REQUEST TO FILL PERSONNEL VACANCIES: None. (66) 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City Manager regarding Cncl Policy proposed AMENDMENT TO COUNCIL POLICY (69) F -11 - ADMIT4ISTRATION OF OPERATING BUDGET. 10. PUBLIC HEARING SCHEDULING - May 23, 1983: (a) Removed from the Consent Calendar. (b) 1983 SUBMISSION FOR COMMUNITY UD /CDBG DEVELOPMENT BLOCK GRANT FUNDS AND A 1983 (87) SUBMISSION FOR ADDITIONAL CDBG FUNDS UNDER THE APPROPRIATIONS ACT. (Report from the Planning Department) 11. USE PERMIT NO. 3017 - Approve a Use Permit U/P 3017 • Agreement guaranteeing completion of the (88) public improvements required with Use Permit 3017; and authorize the Mayor and City Clerk to execute the agreement (421 -31st Street, on the northerly side of 31st Street between Villa Way and Newport Boulevard, Cannery Village). (Report from Public Works) 12. SUPERIOR AVENUE REALIGNMENT AT COAST HIGHWAY Superior Av (CONTRACT 2119) - Approve the plans and Rlgnm /CHwy specifications for subject project; and C -2119 authorize the City Clerk to advertise for (38) bids to be opened. at 2:30 p.m., on June 1, 1983. (Report from Public Works) 13. UNDERGROUNDING UTILITIES IN CHINA COVE - Utiltes/ Refer petitions submitted by property owners Undergrdg requesting that utilities in China Cove be (89) undergrounded, to Public Works Department for a report. (Report from Public Works) 14. SOUND AMPLIFICATION PERMIT - Approve the Permits /Snd request of the Balboa Improvement Association Amplfctn for summer band concerts in Balboa Pier Park, Balboa Impry as recommended in the staff report. (Report Assn (65) from License Supervisor) • Volume 37 - Page 158 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES o��� S9�jy CG�s��� Gtr May 9, 1983 ROLL CALL INDEX 15. BUDGET AMENDMENTS - For approval: (25) BA 7084, $1,200.00 - Transfer in Budget • Appropriations to provide for parking meter coin carts; Traffic and Parking Fund. BA -085, $20,685.00 - Increase in Budget Appropriations and Decrease in Unappropriated Surplus for Professional services contract for OASIS Park Grading; General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: Motion x 1. Orange County Division, League of California 0/C League All Ayes Cities Minutes of March 17, and Tentative (54) Agenda for General Meeting to be held on May 12, 1983, were presented, wherein support for Mayor Hart's reappointment to the Orange County Airport Land Use Commission for a 4 -year term, was approved. 2. Proposed resolution amending Resolution No. Balboa Pier 82 -39 regarding Concessionaire Agreement Cnesn between the City and Douglas Cavanaugh C -2326 (Contract No. 2326), for the restaurant located on Balboa Pier, and a report from the City Manager, were presented. A discussion ensued to consider whether the selling of beer and wine should be approved, as the Balboa Pier is a City leased facility, and this area is utilized by different age groups. Randy Toller, 113 -29th Street, addressed the Council, commenting that such restrictions l I tend to discriminate against young people. Motion x Motion was made to adopt Resolution No. Res 83 -46 Ayes x x x x x x 83 -46, and approve suggested course of Noes x actions 1 -5, as listed in the staff report. Motion x 3. Resolution No. 83 -49 authorizing the Mayor Res 83 -49 Ayes x x x x x x and City Clerk to execute Agreement to Npt Dunes Noes x resolve litigation of Newport Dunes Rdvlpmt Redevelopment, and a report from City C -2394 Attorney, were presented, and was adopted (38) after discussion.. Council Member Strauss thanked the Council and staff who worked on the project, stating that it was well--done, but for the record, he voted "no" because it includes a hotel. He also stated that he felt the City of Newport Beach has too many hotels; although this particular hotel is not as objectionable as some of the Marriott Hotels and others, it is a hotel, and for that reason he opposed the motion. • Volume 37 - Page 159 �. COUNCIL MEMBERS MINUTES ROLL �� May 9, 1983 INDEX Motior All A} • Motion All Ay Motion All Ay •. 9 .og� x 4. Motion was made to remove Agenda Item F -2(b) Ofcl Police ,es from the Consent Calendar, a proposed Towing /G &W resolution amending Resolution No. 82 -110 F: Harbor regarding clarification of hours of operation (70) and other matters relating to G & W, and Harbor Towing of Police and /or private vehicles, which was presented with a report from the City Manager. Pete Cooper, 202 Sapphire, Balboa Island, addressed the Council, regarding G & W Towing Company's policy that the exact change be presented in order to remove a car from their storage lot during the late night hour. The City Manager stated that the City regulations do not specifically address the foregoing, and suggested that Mr. Cooper submit a letter with pertinent information, so that staff can investigate and report back to him. x Motion was made to adopt Resolution No. Res 83 -47 es 83 -47, amending Resolution No. 82 -110 regarding clarification of hours of operation and other matters relating to G & W, and Harbor Towing of Police and /or private vehicles. x 5. Agenda Item F -4(a) was removed in error, and Solid Waste es after clarification, motion was made to Mgm approve action on the Consent Calendar: To (74) staff for inclusion in the records, summary recommendations of Solid Waste Management Commission on Solid Waste Gate Fees for 1983 -84. 6. ORDINANCE FOR INTRODUCTION - Schedule for public hearing on May 23, 1983: Proposed ORDINANCE being, Zoning Ord (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF . - DISTRICTING MAP NO. 3 TO RECLASSIFY PROPERTY FROM THE UNCLASSIFIED DISTRICT TO THE R -2 DISTRICT, PLANNING COMMISSION AMENDMENT NO. 585, initiated by MAX MORGAN, Newport Beach, being a request to consider an amendment to a portion of Districting Map No. 3 so as to reclassify property from the Unclassified District to the R -2 District. In addition, the applicant proposes to establish ten foot front yard setbacks on said Districting Map for lot frontages adjacent to 32nd Street (extended) and 33rd Street and a nine foot front yard setback on 31st Street. The proposal also includes the acceptance of an Environmental Impact Report (Report from the Planning Department); .og� COUNCIL MEMBERS MINUTES sA Rol I (AaV 1 ��� g * \I; G6P May 9, 1983 INDEX AND PUBLIC HEARING SCHEDULED - For May 23, 1983: TENTATIVE MAP OF TRACT NO. 11906, a TMap /Tr request of MAX MORGAN, Newport Beach, to 11906 subdivide. 1.65 acres of land into nine lots for residential condominium development, one lot for residential duplex development, and one lot for single - family residential development. The application also includes a request for exceptions to the Subdivision Code so as to allow the creation of corner lots containing less than sixty foot widths and less than 6,000 sq..ft. in land area, and interior lots containing less than fifty foot widths and less than 5,000 sq.ft. in land area. The proposal also includes a request to establish grades for the purpose of measuring heights of proposed buildings. The request also includes the extension of Seashore Drive from 33rd Street to Balboa Boulevard and the extension of two existing alleys. Property located at 120 - 32nd Street in West Newport (Report from the Planning Department), were presented. Motion x After discussion by staff, motion was made Ord 83 -21 Ayes to introduce Ordinance No. 83 -21, pertaining PCA 585 to amending a portion of Districting Map No. & 3 to reclassify property from the p /Tr Unclassified District to the R -2 District 11906 (Planning Commission Amendment No. 585), and & reschedule the public hearings for June 27, Trfk Stdy/ 1983, including the foregoing related /P 3022 Tentative Map of Tract No. 11906, Max Morgan Cstl Dvl #1 request, together with the Traffic Study /Use Max Morgan Permit No. 3022 and Coastal Development No. 1, called up by Council at the meeting of April 25, 1983, at the specific request of the applicant in his letter of May 5. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO BICYCLE TRAILS CITIZENS BT /CAC ADVISORY COMMITTEE: Motion x Motion was made to defer (District 1) Council All Ayes Member Strauss's, and (District 7) Council Member Cox's appointments to June 27, 1983. J. CURRENT BUSINESS: None. Volume 37 - Page 161 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CAL\L�A�� ��GSMay 9, 1983 RpL � 9 INDEX K. ADDITIONAL BUSINESS: on x 1. Motion was made to reconsider, at the Council Oasis Prk Ayes meeting of May 23, 1983, the decision Council Grading made on the Oasis Park Grading. Motion x 2. Motion was made to support Mayor Hart's Legislation Ayes x x x x x approval of SB 693 (Campbell Bill -1c Sales SB 693 Abstain x x Tax Increase for Orange County Transportation _ Funding) at the League of California Cities. Motion x 3. Motion was made to include Traffic Study and U/P 3037 All Ayes Use Permit No. 3037 at the Council review of Trfk Stdy Tentative Map of Tract No. 11935, which is scheduled for public hearing on June 13, 1983. The meeting adjourned at 9:43 p.m. Mayor ATTEST: I= City Clerk / I Volume 37 - Page 162