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HomeMy WebLinkAbout11/14/1983 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING \1?o °���y�``�PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 14, 1983 MINUTES Present x x x x x x x A. ROLL CALL. Mo on x B. The reading of the Minutes of the Meeting of es October 24, 1983, was waived, approved as written, and ordered filed. 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 public Hearing Tract 907/ regarding TRANSFER OF OWNERSHIP OF Undrgr Utl UNDERGROUND UTILITIES SYSTEM IN TRACT 907, (89) LIDO ISLE. Report from Public Works, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 83 -115 All Ayes 83 -115 authorizing the Mayor and City Clerk to execute an Agreement between the City and Southern California Edison Company to transfer ownership of the underground utilities system in Tract 907, Lido Isle; and adopt Resolution No. 83 -116 authorizing the Res 83-116 Mayor and City Clerk to execute an Agreement between the City and Pacific Telephone Company to transfer ownership of the • underground utilities system in Tract 907, Lido Isle. 2. Mayor Hart opened the continued public U/P 2020(A)/ hearing and City Council review of an appeal Var 1103 by MAVIS INVESTMENTS, INC., dba "LE BISTRO," Le Bistro from the denial by the Planning Commission on (88) September 8, 1983, of USE PERMIT NO. 2020(AMENDED) AND VARIANCE NO. 1103, requests to amend a previously- approved use permit, which permitted the establishment of the "Le Bistro" Restaurant facility with on -sale beer _ and wine. The proposed amendment is a request to increase the "net public area" of the restaurant and to add live entertainment (i.e., a piano) to the restaurant operation. Variance No. 1103 requests a waiver of all of the additional required offstreet parking spaces in conjunction with the expansion of the net public area of the "Le Bistro" restaurant facility. Property located at 3448 Via Oporto, on the northeasterly side of Via Oporto, between Central Avenue and Via Lido in the Lido Marina Village; zoned C -1. Report from the Planning Department dated October 11, 1983, was presented. • .JI - C.5. JYJ CITY OF NEWPORT BEACH COUNCIL MEMBERS 0��Gg9ti�9� v3�� G� • Motion • Ayes Noes 41 MINUTES November 14, 1983 INnvy Steve Stern, Attorney representing the U/P 2020(A)/ applicant, addressed the Council and stated Var 1103 that they do not intend to utilize live entertainment. They did have a piano, however, which was for decorative purposes only, but it has since been removed at the request of the Planning Department. The area where they desire to place additional tables is "dead space." They also do not feel that five parking spaces are necessary, as their customers are primarily local business people from within the immediate area. The following persons addressed the Council in support of the request: Ralph Henderson, representing the applicant; Sid Fleisher, 102 Shultz Plaza, resident; and Mardo of Jewelry by Mardo, Lido Marina Village Hearing no others wishing to address the Council, the public hearing was closed. X Motion was made to overrule the decision of the Planning Commission based on the findings and conditions of approval designated as Exhibit "B," with the deletion of Conditions No. 4 and 5. The City Attorney suggested the following condition of approval be added: "The City reserves the right to modify existing conditions or add new and different conditions in the event it is determined that subsequent to the date of approval, the operation of this business is detrimental to the health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood, or detrimental to property and improvements in the neighborhood." X x x x x x The foregoing condition was agreeable with X the maker of the motion, and the motion was voted on and carried. 3. Mayor Hart opened the continued public Ord 83 -28 hearing regarding ORDINANCE NO. 83 -28, being, Single -Famly Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH AMENDING CHAPTER 20.10 AND SECTION 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS PERTAINING TO SECOND FAMILY RESIDENTIAL UNITS ON SINGLE - FAMILY LOTS IN THE CITY OF NEWPORT BEACH, CITY OF NEWPORT BEACH COUNCIL MEMBERS s:A ROLL CAL • • n yes MINUTES November 14, 1983 Volume 37- Page 347 INDEX PCA 595 PLANNING COMMISSION AMENDMENT 140. 595, initiated by the City of Newport Beach to amend the Municipal Code, establishing regulations pertaining to second family residential units on single - family lots in the City of Newport Beach. Report from the Planning Department dated October 24, 1983, was presented. The City Clerk advised that after printing the agenda, a letter had been received from SPON, suggesting the ordinance be reviewed by the Citizens Environmental Quality Advisory Committee; that homeowners in areas to be affected be made aware of the potential number of new units and other impacts possible through the water bills; and that this be brought back for review in three to four months. The City Manager summarized the staff report, wherein it was pointed out that the Council had three options as follows: 1. Take no action on an ordinance. In this case, the City would be obligated to consider second - family units on a case- by -ca.se basis with discretion limited by the provisions of Section 65852.2(b) of the Government Code. 2. Adopt an ordinance that totally precludes second- family units. This requires certain mandatory Findings in accordance with Section 65852.2(c) of the Government Code. 3. Adopt a second - family unit ordinance that permits and regulates second - family units. Suggested standards are contained in Section 65852.2(a) of the Government Code. It was noted that the Planning Commission has recommended Option 3. The Planning Director stated that, pursuant to State law, if an applicant meets certain specific findings, a Use Permit must be granted. He cited the eight (8) findings as contained in State law. Jean Watt, President of SPON, addressed the Council regarding clarification of the proposed ordinance. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made to disallow second reading of Ordinance No. 83 -28. Staff to monitor number of applications received and report back no later than six months. Copies of subject ordinance to be forwarded to interested groups and associations. Volume 37- Page 347 INDEX PCA 595 CITY COUNCIL MEMBERS \CALL 0ROLL 9 9 mil+ • • • OF NEWPORT BEACH MINUTES November 14, 1983 I' U/P 1547(A) Kallmes/ Sheraton Exp (88) 4. Mayor Hart opened public hearing and City Council review of USE PERMIT NO. 1547(AMENDED), a request of ROMAN P. KALLMES, Irvine, approved by the Planning Commission on September 28, 1983, to amend an approved use permit, which allowed the establishment and expansion of the existing 349 room Sheraton Hotel in the Newport Place Planned Community. The proposed use permit amendment is to allow a new 10 -story addition, which includes 119 guest rooms, a kitchen addition, small meeting rooms, and a relocated lighted tennis court on the site. Property located at 4545 MacArthur Boulevard, bounded by MacArthur Boulevard, Birch Street and Corinthian Way; zoned P -C; AND DRAFT ENVIRONMENTAL IMPACT REPORT, acceptance of an Environmental Document for the Sheraton - Newport Hotel expansion; AND STATEMENT OF FACT, request to approve Statement of Fact in conjunction with the proposed Sheraton - Newport Hotel expansion; AND STATEMENT OF OVERRIDING CONSIDERATIONS, a request to approve a Statement of Overriding Considerations in conjunction with the proposed Sheraton - Newport Hotel expansion; AND AMENDMENT NO. 5 TO THE NEWPORT PLACE TRAFFIC PHASING PLAN, request to consider an amendment to the Newport Place Traffic Phasing Plan so as to allow the expansion of an existing Sheraton Hotel facility. Report from the Planning Department, was presented. David Neish, representing the applicant, addressed the Council and reviewed the request. He stated that their request also includes certification of an Environmental Impact Report, and approval of Amendment No. 5 to the Newport Place Traffic Phasing Plan. Mr. Neish stated that there are no significant environmental impacts associated with this particular proposal. He also note that the hotel addition will generate approximately 1400 trips per day, of which 1300 are nighttime, or off -peak hour trips. As a result, the project is in compliance with the City's Traffic Phasing Ordinance. Volume 37 - Page 348 I' U/P 1547(A) Kallmes/ Sheraton Exp (88) CITY. OF NEWPORT BEACH • • Noes Ix Ix Ix Ix Ix Ix Ix • 'MINUTES November 14, 1983 With regard to financial benefits to be generated from the Sheraton addition, Mr. Neish advised that there would be a net annual revenue of $211,933. Because of the increase in Transient Occupancy Tax, a grand total for the hotel, including expansion, will result in approximately $852,000 per year of revenue to the City. Mr. Neish further commented that the Sheraton Hotel will be making a $2 million refurbishment of the existing hotel, which will take place in the immediate future. The Sheraton has also agreed to the $307,000 fair share fee. He stated that they concur with the findings and conditions of approval, and urge the Council to uphold the recommendation of the Planning Commission. In response to Council Member Strauss, the Planning Director discussed the parking requirements in relation to the demonstrated formula for parking. Iu'response to Council Member Heather regarding insulation of the meeting rooms in the existing hotel, Mr. Neish advised that all of the public areas will be improved in the refurbishment program, and that sound attenuation would definitely be given consideration. He also answered questions regarding parking. Roman Kallmes, Architect for the project, responded to Council Member Heather's concern over airport noise. Mr. Neish, in response to Council inquiry, advised that the applicant did not object to future City Council review of parking requirements. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission and recertify the Environmental Impact Report to include any additional information presented to the City Council. Approval also includes an additional condition whereby the City may impose additional on -site parking requirements subsequent to the date of . approval if the parking provided is determined to be inadequate to meet the needs of those using the hotel. 5. Public hearing and City Council review of an appeal by TREND IMPORTS SALES, INC., Newport Beach, from the denial of the Planning Commission on September 22, 1983, of USE PERMIT NO. 1987(AMENDED) AND VARIANCE N0. 1107, requests to amend a previously- approved use permit, which allowed the establishment .of an automobile sales and service facility so as to establish a separate automobile Volume 37 — Page 349 U/P 1547(A) Sheraton Exp (88) 1987(A)/ 1107 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9cC+G��y9y�� JA <`°te. f G 9'A 9� G �9 .A s�� \dw November 14, 1983 rAi 1 MINUTES Emil& i Volume 37 - Page 350 service facility with a modification to the U/P 1987(A)/ Zoning Code to allow the use of tandem Var 1107 parking spaces. Variance No. 1107 requests a • waiver of a portion of the required offstreet parking spaces in conjunction with the expansion of the existing auto sales facility. Property located at 1200 West Coast Highway, on the northerly side of West Coast Highway, across from the Balboa Bay Club; zoned C -1 -H. Report from the Planning Department, was presented. It was noted in the staff report that the subject applications originally were considered by the Planning Commission on September 8, 1983, at which time the public hearings were continued so as to provide the applicant an opportunity to bring the existing use permit into conformance with the. conditions approved by the City on April 23, 1981. On September 22, 1983, when no progress had been made to restore the site to its previously- approved condition, the Planning Commission voted unanimously to deny Use Permit No. 1987(Amended), and Variance No. 1107. In addition to the foregoing, the Planning Commission on September 22, 1983, voted unanimously to initiate revocation proceedings on Use Permit No. 1987 and set • the public hearing for October 20, 1983. On October 20, 1983, the Planning Commission voted unanimously to continue the revocation hearing to its meeting of November 10, 1983, pending completion of the various items required to bring the project into conformance with the approvals granted in 1981. It was further pointed out that the request currently pending before the City Council on appeal is a proposal to amend Use Permit No. 1987. At the same time, the Planning Commission is considering the revocation of Use Permit No. 1987 as originally approved. . It is anticipated by staff that with the applicant's cooperation, the matters currently pending before the Commission will be resolved and the revocation proceedings terminated. If this occurs, it would be appropriate for the City Council to return the proposed amendment to the Planning Commission for original determination with the understanding that the applicant has not lost his right to this appeal. John Allison, Attorney representing the applicant, addressed the Council and stated • that they had no objections to referring this item back to the Planning Commission, providing it did not prejudice any future appeal rights. Volume 37 - Page 350 Motion All Ayes • Motion All Ayes Motion All Ayes • C l Ix x CITY OF NEWPORT BEACH X MINUTES November 14, 1983 Motion was made to refer the subject appeal back to the Planning Commission, as recommended by staff. 6. Mayor Hart opened the public hearing PD /Towg /Vick regarding Certificate of Public Convenience Wise & A &P and Necessity for Vick Wise Chevron, Inc., (70) and A & P Towing. Reports from the Executive Assistant to the City Manager, were presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to grant Certificates of Public Convenience and Necessity to Vick Wise. Chevron, Inc.; and A & P Towing, as recommended by staff. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR.ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 83-118 authorizing the Mayor and City Clerk to execute an Agreement between the City of Newport Beach and Simonis Moreland Accountants, Inc., concerning Auditing Services for Fiscal Years 1983 - 1984; 1984 - 1985; and 1985 - 1986. (Report from Finance Department) Finance /Adtg Serv' 83 -86 C -2254 Ras 83 =118 (40/38) (c) Resolution No. 83 -119 supporting SB 575 Legislation (Foram) which brings the liability of a Res 83 -119 public entity for noneconomic loss into (48/33) conformance with its percentage of fault. (Report from Assistant City Attorney) (d) Resolution No. 83 -120 in support of Utilities Relicensing Federal Energy Regulatory Res 83-120 Commission Projects 1388 and 1389, (89) Hydroelectric Projects, to the Southern California Edison Company. (Report from Utilities Director) (e) Resolution No. 83 -121 authorizing the CA State Mayor and City Clerk to execute an Dpt Trsp/ Agreement with the State of California" Res 83 -121 Department of Transportation for sharing C -2202 the cost of utilities (operation and (38) maintenance of State Highway electrical facilities). (Report from Public Works) Volume 37 - Page 351 is • CITY OF NEWPORT BEACH MINUTES November 14, 1983 (f) Resolution No. 83 -122 designating a Traffic Sgnl four -way intersection where vehicles are Carob /Alta required to stop at Carob Street and Vista Alta Vista; and directing the Traffic Res 83 -122 Engineer to erect and maintain all (85) necessary signs thereat. (Report from Traffic Affairs Committee) (g) Resolution No. 83 -123 designating an intersection where vehicles are required to stop at Camphor Street at Alta Vista; and directing the Traffic Engineer to erect and maintain all necessary signs thereat. (See report with Agenda Item F -2(f)) 3. CONTRACTS/AGREEMENTS: Traffic Sgul Camphor /Alta Vista Res 83-123 (85) (a) Authorize the Mayor and City Clerk to Undrgr Utl/ execute a Special Counsel Agreement with China Cove Brown and Nazarek, and an Assessment C -2423 Engineer Agreement with Professional (38) Assessment Services, Inc.; approve a Budget Amendment (see agenda item F -18 and BA -038) in the amount of $22,000 as an advance to the Proposed Special Assessment District; cancel previous instructions to staff to prepare a Resolution of Intention to make the improvement under the Municipal Improvement Act of 1913 for consideration on November 14, 1983; and direct the Special Counsel to prepare said Resolution of Intention for consideration at a later date, to be recommended by the _Special Council. (Report from Public Works regarding Undergrounding Utilities in China Cove - Assessment District No. 56) (b) Authorize the Mayor and City Clerk to Prkg /Heming- accept an Offaite Parking Agreement for ways a portion of the required parking spaces C -1824 in conjunction with the lunch -time (38) operation during the week in the Hemingway's Restaurant facility, located at 2441 East Coast Highway, Corona del Mar. (Report from the Planning Department) 4. COMMUNICATIONS - For referral as indicated: (a) To the Aviation Committee for inclusion 0 /C -JWyn in the .records, letter from Dr. and Mrs. Arprt G. Rent Smith, who would like to see (54) more flights in and out of John Wayne Airport; and.letters opposing airport expansion from: Assa, Irene and Danna Drori, Charles W. Dutton, Jr., Thomas P. Walker, Byron H. Farwell, Lucille and Howard Clark, Mr. and Mrs. Jan H. Westerman, Lois and Val Darling, Mr. and Mrs. Ron Dahl, Mary Jane Tyler;.and after the agenda was printed, from: Theodore F. Clarke and William and Mildred Hervey. Volume 37 - Page 352 CITY OF NEWPORT BEACH COUNCIL MEMBERS \A1 f RLL November 14, 1983 O MINUTES :unVy coyo LC PL Volume 37 -,Page 353 (b) To Parks, Beaches and Recreation and Bus Lic/ Business License Supervisor for Permits inclusion in the records, letter from (27) • the Breakers Drive Assn.,.Inc. requesting denial for permission of amplified sound on the Corona del Mar City /State Beach. (c) To Parks, Beaches and Recreation for PB &R response, letter from H. A. Anderson (62) regarding reply to his October 5 letter and races in old Corona del Mar. (d) To Pending Legislation and Procedural Legislation Ethics Committee, request from City of (48) Lakewood to support National League of Cities resolution relative to Federal Cable Legislation, Local Authority and Cable Subscriber Protection; and after the agenda was printed, an endorsement from various Cities regarding subject resolution. (e) To Planning Commission /Planning Planning Department for inclusion in the records, (68) letters from "concerned citizens" regarding limiting population growth and development. (f) To Police Department (Animal Control) PD /Animal for response, letter from Randall Cntrl Presley regarding,a coyote problem in (70) •Big Canyon. (g) To Parks, Beaches and Recreation for PB &R /WNptBA reply and inclusion in the records, (62) letter from West Newport Beach Association regarding West Newport Beach Park needs. (h) To Planning Commission /Planning Planning/ Department for reply and inclusion in Cannery Vlg the records, request from West Newport McFdn Sq Beach Association to consider highest (68) priority toward the preparation of the .Specific Area Plan for the Cannery Village /McFadden Square Area. (I) To Public Works for reply and inclusion PW /WNptBA in the records, request from West Undrgr Utl Newport Beach Association to consider (74) the highest priority to the undergrounding of utilities along Balboa Boulevard in conjunction with the widening project. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from various Community Association Representatives to Orange • County Supervisor Riley regarding San Joaquin Hills Corridor Interchanges. (b) Copy of letter with suggestions from California Wildlife Defenders regarding coyo LC PL Volume 37 -,Page 353 i • CITY OF NEWPORT BEACH MINUTES November 14, 1983 (c) Local Agency Formation Commission of Orange County - Minutes of October 12 and preliminary agenda of November 9, 1983. (d) Application 983 -10 -36 of Southern California Edison Company (requesting authority to make rate level and tariff changes to recover costs of owning, operating and maintaining San Onofre Nuclear Generating Station Unit No. 3, during 1984) before the California Public Utilities Commission. (e) Federal Election Commission, Washington, D.C. announcement of regional conferences on the Federal election campaign law and election administration, 1983 series. (f) U.S. /Mexico Sister Cities Association Newsletter for November 1983. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Evelyn Andrade for recovery services, alleging property damage to block wall as a result of City crews moving sand in front of 3611 Seashore Drive on July 21, 1983. (b) Roseline Lipsett alleging personal injuries as a result of fall on raised sidewalk on 31st Street, between Villa Way and LaFayette on October 9, 1983. (36) (c) Joseph F. O'Hora alleging personal O'Hora injuries as a result of,trip and fall on crack in sidewalk on Via Lido Soud, between Via Florence and Via Eboli on October 11, 1983. (d) Pacific Telephone for property damage as Pacif a result of Paul Gardner Corp. allegedly damaged their 900 pair underground cable in the preparation for setting a street light footing at 30th and Newport Boulevard on July 29, 1983. (e) Larry Root alleging City trees in Root parkway damaged sidewalk, curb, gutter, private driveway and private walkway at 1915 Glenwood Lane (first notification by letter dated July 12, 1983 to City). (f) Application to Present Late Claim of Triola Margaret Triola, alleging personal injuries as a.result of trip and fall on landing at American Legion Hall, Newport Harbor Post 291 on November 7, 1982. Volume 37 - Page 354 Tel CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES C%o November 14, 1983 slni : rai i INDEX (g) Application for Leave to Present Late Western Claim of Western Canners Co., Inc., dba Canners/ • Malarkey's Irish Pub /Michael Murray Thomas, Case No. 39- 40 -61, Orange County Malarkey's/ Thomas Superior Court. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Lupe Hilton, (Cross Complaint) Orange Hilton County Superior Court Case No. 38- 21 -87. Claim was denied by City Council on September 12, 1983. (b) Holly Holding Company for recovery of Holly Holdin; property taxes, Orange County Superior Court Case No. 41- 45 -69. (c) Dean MacCabe, (First Amended Complaint MacCabe for Personal Injuries) Orange County Superior Court Case No. 396378. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report (66) from the City Manager) (a) One Fire Captain, Fire Department. (b) One Fire Battalion Chief, Fire Department. (c) One Police Clerk, Police Department. • (d) One Emergency Equipment Dispatcher, Police Department. (e) One Equipment Serviceworker, General Services. (f) One Chief Plan Check Engineer, Building Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Executive Assistant to the 0 /C- JWynArpt City Manager regarding.FOLLOW -UP ON (54) REPUBLIC DC -9 INCIDENT. (b) Report from General Services Director Garbage /Trai regarding COSTS FOR THE SPECIAL REFUSE Bayshores COLLECTION FOR THE BAYSHORES COMMUNITY (44) ASSOCIATION. (c) Report from City Attorney regarding City Atty PROPOSED CONSENT DECREE TO RESOLVE (31) PREGNANCY DISPUTE CLAIMS. (d) Removed from the Consent Calendar. • Volume 37 - Page 355 CITY OF NEWPORT BEACH MINUTES November 14, 1983 B1 (74) Tr Canyon (84) (84) 688 736 10. PUBLIC HEARING SCHEDULING - For November 28, 1983: • (a) Removed from the Consent Calendar. (b) ENVIRONMENTAL IMPACT REPORT FOR BALBOA BOULEVARD WIDENING FROM 33RD STREET TO 44TH STREET. It is the present intention of the City to accept the EIR and supporting documents (copies of which are available for public review and inspection at the Public Works Department, 3300 Newport Blvd., Newport Beach, CA.). (c) TENTATIVE MAP OF TRACT NO. 10814 (REVISED), a request of The Irvine Company, Newport Beach, to revise a previously- approved Tentative Map for Tract No. 10814, which permitted the creation of three lots for residential condominium purposes in conjunction with a 32 -unit residential condominium development in the BIG CANYON PLANNED COMMUNITY. The proposed revision is to create 21 numbered lots for single- family residential purposes; one numbered lot for private recreational purposes; four lettered lots for private open apace purposes; and two lettered lots for private street purposes. Property located on the northerly side of San Joaquin Hills Road between • Jamboree Road and MacArthur Boulevard; zoned P -C. (Report from Planning Department) 11. RESUBDIVISION NO. 688 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 688 (portion of Lot G, and Lot M, Tract No. 919, located at 3101 West Coast Highway on the southerly side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariners Mile Specific Plan Area); and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works) 12. Removed from the Consent Calendar. 13. RESUBDIVISION NO. 736 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 736 (Lot 4 and a portion of Lots 5 and 6, Tract 443, located at 504 North Newport Boulevard, on the northeasterly corner of North Newport Boulevard and Orange Avenue in the Old Newport Boulevard Specific Plan Area); and authorize the Mayor and City Clerk to execute said agreement. (Report • from Public Works) Volume 37 - Page 356 B1 (74) Tr Canyon (84) (84) 688 736 • Motion • x CITY OF NEWPORT BEACH MINUTES November 14, 1983 14. Removed from the Consent Calendar. 15. Removed from the Consent Calendar. 16. HARBOR PERMIT APPLICATION #112 -503 BY MARK Harbor Perm/ HOWARD TO REBUILD THE COMMERCIAL DOCKS #112 -503 BAYWARD OF 503 EDGEWATER - Uphold staff's (51) recommendation for approval, subject to conditions listed in the staff report. (Report from Marine Department) 17. HARBOR PERMIT APPLICATION #222 -717 BY LIDO Harbor Perm/ YACHT ANCHORAGE TO REBUILD A SECTION OF THE #222 -717 EXISTING FLOATS AT 717 LIDO PARK DRIVE - (51) Uphold staff's recommendation for approval, subject to conditions listed in the staff report. (Report from Marine Department) 18. BUDGET AMENDMENTS - For approval: BA -034, $1,650.00 - Increase in Budget Appropriations and Revenue Estimates for Scholarship Fund Budget for Fiscal Year 1983 -84; Scholarship Fund. BA -035, $166,405.95 - Increase in Revenue Estimates for Reserve of Irvine•Company Park Fees for Tract 11935; Park and Recreation Fund. BA -036, $159.00 - Transfer in Budget Appropriations for CRT Terminal Table for Building Department; Building - Office Equipment Fund. BA -037, $755.00 - Transfer in Budget Appropriations for Special Trash Collection for Bayshores Community Association; General Services - Refuse Fund. BA -038, $22,000.00 - Increase in Budget Appropriations and Decrease in Unappropriated Surplus for advance to Proposed Special Assessment District to underground utilities in China Cove; Utilities Fund G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A report from Parks, Beaches and Recreation was presented regarding OASIS PASSIVE PARK LANDSCAPING (C- 2412) plans and specifications. Council Member .Agee indicated he had some concerns regarding this project, and therefore, motion was made to refer it back to staff for review and reconsideration by Council on November 28. Richard Nichols, President Corona del Mar Community Association, addressed the Council and stated that they would like to have an opportunity for input, as there is no park facility proposed on the site. Volume 37 - Page 357 Psv Prk All Ayes • Motion All Ayes on A Ayes • x x CITY OF NEWPORT BEACH MINUTES November 14, 1983 The motion was voted on and carried. 2. Resolution modifying existing resolutions by respectively sunsetting and extending termination dates for various City Boards, Commissions and Committees, was presented with a report from the City Manager. The City Manager noted the following committees should be sunsetted as of 12- 31 -83: (a) Joint City Council /Planning Commission Ad Hoc Housing Task Force; (b) Ad Hoc Council Redistricting Committee; (c) Ad Hoc Election Procedure Review Committee. The Mariners Mile Traffic Circulation Ad Hoc Committee to sunset January 9, 1984. Motion was made to adopt Resolution No. 83 -117, as revised. Bds /Cmsn/ (24) Ad Hoc Housg Tsk Frc Ad Hoc Re- distrctg Ad Hoc Election Ad Hoc Mrnrs Mile Res 83 -117 3. Reports from Public Works regarding LIDO ISLE Lido 'Is Brdg BRIDGE REHABILITATION (C- 2345); and LITTLE Rehab BALBOA ISLAND BRIDGE REHABILITATION (C- 2209),. C -2345 were presented. 1(38) Pursuant to staff recommendation, motion was R s Brdg Rehab made to defer the subject two projects to Rehab November 28, 1983, in order that the Little C -2209 Balboa Island Improvement Association can (38) review the plans and specifications for their bridge rehabilitation. 4. A report from the Planning Department was U/P 3058/ presented regarding scheduling a public Novak's hearing on the APPEAL OF ROBERT F. NOVAK FOR (88) USE PERMIT NO. 3058, from certain conditions of approval recommended by the Planning Commission at their meeting of October 6, 1983, on property located at 2920 East Coast Highway. Request to reestablish a restaurant with on -sale alcoholic beverages known as " Novak's Place," on property located in the C -1 District. This project has been determined that it is categorically exempt' under the requirements of the California Environmental Qualities Act. After printing the agenda, a letter was received from Zoe Gunzel, 60131 Iris Avenue protesting the operation at Novak's Place. Richard Nichols„ 519 Iris Avenue, speaking as a homeowner in the area of Novak's Place, addressed the Council and stated that the hours of operation were inappropriate for the location, and requested that the conditions of approval for the Use Permit be enforced in. the interim, prior to the public hearing on the appeal on November 28. Volume 37 - Page 358 CITY OF NEWPORT BEACH COUNCIL MEMBERS C0. � 9F S�9G� November 14, 1983 Rni i rAl e - 9 S MINUTES INDEX Motion x Following discussion, motion was made to All Ayes schedule the public hearing on November 28, • 1983, for the appeal of Robert F. Novak. 5. Report from the Planning Department regarding Prk Dedctn/ UPDATE OF IN -LIEU PARK DEDICATION FEES, was In -Lieu Fees presented. (68) Richard Nichols, President Corona del Mar Community Association, addressed the Council regarding the use of Eastbluff Park for the purposes of establishing the value per acre of land to be used in computing the fee for in -lieu park dedication. He stated he felt that park dedication fees, based on the market value of the land being developed, would be a more equitable means of defining what a developer should dedicate to the City. He felt that to use Eastbluff Park for this purpose was totally incompatible. The City Manager advised that the formula for computing park dedication fees is set forth in the Municipal Code, and was initially placed in the code by an Initiative election process. The language of the Initiative stated that the in -lieu fees shall be based on the value of the "median" park value of the City, and the park which fell in the median range was Eastbluff Park. In addition, the market value of such land shall be adjusted periodically to reflect changes in property values. Mo0i0 n x Following discussion, motion was made to All Ayes authorize the staff to retain the services of an appraiser to update the appraisal of Eastbluff Park. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from Tidelands Affairs Committee Harbor Perm) concerning HARBOR PERMIT APPLICATION #175 -524 #175 -524 FROM STEPHEN ELMORE, 524 VIA LIDO N06 TO (51) ALLOW AN OVERSIZED PIER PLATFORM TO REMAIN AS CURRENTLY BUILT IN VIOLATION OF THE COUNCIL'S HARBOR PERMIT POLICIES, was presented. Ron Nelson, 2806 Lafayette, Marine Contractor .representing the applicant, addressed the Council and urged approval of the request based on the recommendation of the Tidelands Affairs Committee. Motion x Motion was made to direct the applicant to All Ayes rebuild the pier platform to the regulation 10' x 14' configuration and approve the revised "L" shaped float structure. • Volume 37 - Page 359 CITY OF NEWPORT BEACH COUNCIL MEMBERS V c 00 �i wni i re11 } 9G9� A�F Gs November 14, 1983 MINUTES INDEX J. CURRENT BUSINESS: • 1. Report from the Planning Department regarding PROPOSED GENERAL PLAN AMENDMENTS (CARNATION GPA/Carntn Schl /Housg SCHOOL SITE, HOUSING ELEMENT UPDATE, AND Elmt /LCP LOCAL COASTAL PLAN IMPLEMENTATION), was Implm presented. (45) Motion x Motion was made to initiate all or a portion of the proposed General Plan Amendments, and direct the Planning Commission to set the amendments for public hearing after preparation of any necessary environmental documents. Council Member Strauss suggested the Council defer action on these items because of the Planning Department's current workload. Ayes x x x x x 'x Following discussion, the motion was voted on Abstain x and carried. 2. Report from the City Manager regarding Cncl Policy MODIFICATIONS OF THE CITY COUNCIL POLICY Review MANUAL, was presented. (69) A report from the Parks, Beaches and Recreation Department, dated November 2, 1983, regarding Council Policy 1 -21, was presented. With regard to Council Policy,F -18, the last •. sentence was amended to read as follows: "An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception." Council Member Cox made reference to the recommendation to combine I -20 with F -20, and voiced his reasons for opposing the proposal. Motion x Council Member Cox stated that the Arts Ayes x x x Commission has indicated to him that they Noes x x x x would like to see a guideline that would better define how the funds are utilized from an administrative mechanism, and therefore, motion was made to not combine Council Policies F -20 and I -20, and refer said items to the Arts Commission for further clarification and specific guidelines as to allocation of funds, which motion FAILED. Motion x In view of the foregoing, motion was made to.. All Ayes refer Council Policy F -20, (combined with I -20, as recommended) to the Arts Commission for development of implementation procedures. Motion x Motion was made to approve modification to Ayes Council Policy AA =14, adding a provision for extending the term of the auditing firm for an additional three years. Volume 37 - Page 360 CITY OF NEWPORT BEACH COUNCIL MEMBERS �titi�s� \CALL O � + 9G 9'A G �9 ROLL November 14, 1983 MINUTES INDEX Motion x Motion was made to add the following sentence Cncl Policy All Ayes to Council Policy F -18: Review "An exception to this policy may be granted by the City Council on a per project basis when circumstances justify the exception." Motion x Motion was made to approve modification to All Ayes Council Policy I -2, making "drip irrigation" reference. Motion x Motion was made: to approve modifications to All Ayes Council Policy I -4, as indicated in the staff report. Motion x Motion was made to approve housekeeping All Ayes changes to Council Policy I -10, from "Councilmen" to "City Council." Motion x Motion was made to approve housekeeping All Ayes changes to Council Policy I -14, as indicated in the staff report. Motion x Motion was made to approve cosmetic changes All Ayes to Council Policy I -19, as indicated in the staff report. Motion x Motion was made to approve modifications to All Ayes Council Policy I -21, as recommended by the Parks, Beaches and Recreation Department. 3. Report from License Supervisor regarding Bus Lic/ APPEAL BY ROBERT A. HICKEY, MANAGER OF SUB -4 Permit -8 K TEAM FROM DENIAL FOR "NEWPORT BACK BAY Run EIGHT -K RUN" ON SATURDAY, DECEMBER 10, 1983. (27) AT 8:00 A.M., was presented. The City Clerk reported that, after printing the agenda, five additional letters had been submitted in support of the "Eight -K Run" race. It was noted in the staff report that the proposed course (Eastbluff) for the race was found to be unsatisfactory, and that neither the License Division nor Parks, Beaches and Recreation indicated to the applicant that the race would be approved. It was further noted that the Eastbluff Homeowners Association had not endorsed, nor opposed the proposed race. . Anthony Russell, Attorney representing SUB -4, addressed the Council and stated that SUB -4 is a manufacturing company of clothing for runners. He discussed the course for the race, and stated,that the homeowners in the Eastbluff area would be inconvenienced approximately 30 -35 minutes when the race is Volume 37 - Page 361 i CITY OF NEWPORT BEACH `J AApon Ix xJxxxI x Noes Motion. All Ayes 0 X MINUTES November 14, 1983 being run through their area. He also stated Bus Lic/ that they are guaranteeing $1000 to the 8 -K Run Newport Beach Boys Club. He felt there was a good chance the race would receive television coverage, and that the event would be of great benefit to the community. Discussion ensued with respect to the proposed location of the race, and it was suggested that possibly Newport Center would be a better site. Also referenced, were the problems that resulted from the tennis tournament held in Eastbluff recently. Robert Hickey, Race Director, addressed the Council, and stated that they could not move the race location at this late date. He stated they were aware of the problems connected with the tennis tournament in the Eastbluff area, and which is why their race covers only one -half of Eastbluff. Bill Sumner, Coordinator for the Olympic Torch 10 -K Run, addressed the Council and stated that they have already spent approximately $20,000 in advertising, and that it would cost another $20,000 to move the location of the race. He stated he felt the community would support the event if all the residents in the area were made aware of it. He also stated that there were minimal complaints from their last race. Following further consideration, motion was made to uphold staff's recommendation and deny the application for the race. 4. Report from Executive Assistant to the City Balboa Pier/ Manager regarding RUBY'S RESTAURANT - BALBOA Ruby's PIER /BUILDING EXPANSION AND REFUSE DISPOSAL, C -2326 was presented. (38) The City Manager pointed out that the request is to expand the existing building to provide additional storage space and a walk -in refrigerator. Motion was made to approve amendment to Concession Agreement to provide for building expansion and refuse disposal; and expand existing building. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 10:3 p.m. My-or ATTEST: ty Volume 37 - Page 362