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HomeMy WebLinkAbout07/28/1980 - Regular MeetingCOUNCILMEN ,4 ROLL COL$ CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: July 28, 1980 MINUTES irnls1i Present x x x x x x x A. ROLL CALL. X B. The reading of the Minutes of the Regular Meeting Ayes of July 14, 1980 was waived, and the Minutes were approved as written and ordered filed. Motion x C. The reading in full of ail ordinances and resolu- All Ayes tions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing Traffic /Pkg regarding proposed Ordinance No. 1856, being, Regulations 0 -1856 AN ORDINANCE OF THE CITY OF NEWPORT BEACH (85) AMENDING PROVISIONS OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO PARKING SPACE REQUIREMENTS WITHIN RESI- DENTIAL DISTRICTS, Planning Commission Amendment No. 535, a request initiated by the City of Newport Beach to con- sider an amendment to the Newport Beach Municipal Code and the acceptance of an Environmental Document. A report was presented from the Planning Depart- ment. Councilman Strauss stated that the Lido Isle • Community Association wished the ordinance amend- ed for Section 10.10.050 A (2) to read as follows: "Not less than three parking spaces for any structure containing 2,000 square feet or more, exclusive of areas devoted to parking and open space, unless, (a) the structure is in an R -1 District, and (b) the structure contains less than 3,200 square feet of floor space, (c) is on a lot less than 35 feet in width, and (d) does not have alley access. Allan Beek read a prepared statement which was included in the records, and asked that the ordinance be amended to require two parking spaces per dwelling unit. Motion x The Environmental Document was accepted: Ayes x x x x I x Ordinance No. 1856 was reintroduced as amended Noes x to include the language suggested by the Lido Isle Association and the hearing was continued to August 11, 1980. • Volume 34 - Page 175 CITY OF NEWPORT BEACH COUNCILMEN MINUTES ROLL CALK �P \ July 28, 1980 in�ncv 2. Mayor Heather opened the public hearing regard- Application ing proposed Ordinance No. 1861, being, Expiration AN ORDINANCE OF THE CITY OF NEWPORT BEACH Use Use Permits AMENDING SECTIONS 20.01.070, 20.80.090, (88) 20.81.090 and 20.82.090 OF THE NEWPORT Variances BEACH MUNICIPAL. CODE, TO EXTEND THE EXPIRA- (91) TION DATES FOR USE PERMIT, VARIANCE, Zoning MODIFICATION, AND SITE PLAN REVIEW APPLI- (94) CATIONS, Planning Commission Amendment No. 547, a request initiated by the City of Newport Beach and the acceptance of an Environmental Document. A report was presented from the Planning Depart- ment. Mayor Heather closed. the public hearing. Motion x The Environmental Document was accepted, and All Ayes Ordinance No. 1861 was adopted. 3. Mayor Heather opened the public hearing regard - Modification ing Modification No. 2552, approved by the No. 2552 Planning Commission on July 10, 1980, and called (94) up for hearing by.the City Council on July 28, 1980; being a request of Carl Quaudt, Newport Beach, to permit the construction of a sidewalk and a portion of a driveway and wall to exceed the permitted six -foot height limit within a required four -foot side yard setback to a maximum height of twenty -three feet + above grade, and to permit the driveway and a wall to exceed the three -foot height limit within the required ten -foot front yard setback to a maximum height of sixteen feet + above grade, in conjunction with a six -unit residential apart- ment complex to be developed at 2501 Ocean Boulevard, at the most southerly termination of Carnation Avenue in Corona del Mar; zoned R -3. A report was presented from the Planning Depart- ment. Alvin F. Howard, attorney representing the applicant, addressed the Council. Motion x Mayor Heather made a motion to grant Mr. Howard eight additional minutes for his presentation. Motion x Councilman Hummel made a substitute motion to Ayes x x x x x x grant Mr. Howard five additional minutes, which Noes . x motion carried. Richard Millar, attorney representing the Hubbs. owners of-the single - family residence adjacent to the property, addressed the Council and alleged that the nighttime noise levels would exceed City limits. Volume 34 - Page 176 COUNCILMEN A ROLL CAL \NL �J U :ion A..es MINUTES July 28, 1980 The Mayor declared a ten - minute recess to allow staff to determine CNEL established by the City. The Council reconvened with all members present. Planning Director Jim Hewicker read for the record from Section 15.04:170 of the Municipal Code, "Interior Noise Levels. Interior community noise equivalent levels (CNEL) with windows closed attributable to exterior sources shall not exceed an annual CNEL of 45 dB in any habitable room." The following people addressed the Council and opposed the project: Bill Edwards, Harold Welch, Peter O'Brien, Kent Moore and Michael Schulman. The following people addressed the Council in favor of the project: Ed Giddings, architect for applicant, who explained the driveway width; and Goldie Joseph. Mr. Howard addressed the Council again and stated that they were willing to accept a condition that before the building permit is granted, they must furnish to the Council, or such other agency or body as the Council may select, a report by an engineer to the effect that it is his opinion, based on his studies, such as they may be, that the CNEL noise level in the bedroom window of the Hubbs' residence with the windows open will not be above the 45 CNEL. Mayor Heather closed the public hearing. x Councilman Hummel made a motion to deny Modifica- tion No. 2552, with a finding that the establish - ment, maintenance or operation of the use of the property or building will, under the circumstances of the particular case, be detrimental to the health, safety, peace, comfort and general welfare of persons residing or working in the neighborhood of such proposed use and be detrimental or injurious to property and improvements in the neighborhood and the general welfare of the City, and further that the proposed modification encroachments are not consistent with the legisla- tive intent of Title 20 of this Code. Mayor Pro Tem Hart asked that the motion be amended to include a finding that the design of the proposed driveway and walk will not effec- tively shield the adjacent residences from vehicular lights and noise, which amendment was accepted by the maker of the motion. x x x A vote was taken on Councilman Hummel's amended x x x x motion, which motion failed. Volume 34 - Page 177 COUNCILMEN MINUTES .O L ROLL CALL CT' \ July 28, 1980 ininry Motion x Councilman Cox made a motion to sustain the decision of the Planning Commission with the findings and conditions imposed by the Planning Commission, except that in Finding No. 3, the word • "residences" is changed to the singular, "residence," and the following Condition No. 2 was substituted for Condition No. 2 imposed by the Planning Commission: That prior to the issuance of a building permit for the proposed project, a qualified accoustical engineer, retained by the City at the applicant's expense, shall demonstrate to the satisfaction of the City Council that the impact of ramp- associated noise will not exceed 45 dBA CNEL in the interior of the bedroom of the residential structure at 2501 Ocean Boulevard with windows open. Further, that should onsite noise attenuatio measures be required to achieve the afore- mentioned, that they be designed in such a manner so as to not substantially impact the views from the adjacent residential unit. Councilman Cox amended his motion to condition measurement of the CNEL and approval by the Council before issuance of a building permit. Ayes x x x x A vote was taken on Councilman Cox's amended Nom x x x motion, which motion carried. E. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1858, being, Trash Compactors AN ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1858 ADDING SECTION 6.04.085 TO THE NEWPORT (26) BEACH MUNICIPAL CODE REQUIRING THE INSTAL- LATION OF TRASH COMPACTORS IN ALL NEWLY - CONSTRUCTED RESIDENTIAL UNITS, was presented for second reading. A report was presented from the Planning Depart- ment. :._ion x The Negative Declaration was accepted, and Ordi- �s x x x x x x nance No, 1858 was adopted. -` x F. CONTINUED BUSINESS: =--ion x 1. (District 1) Councilman Strauss' appointment of CAC Appt 11 Ayes Judith Shelton as a member of the Environmental (24) Quality Citizens Advisory Committee to complete the unexpired term of Doris B. Schreiber ending December 31, 1980 was confirmed. Volume 34 - Page 178 _} COUNCILMEN MINUTES e ROLL CAL \NL F % \T \ July 28. 1980 �NnFSt 2. A report was presented from the City Manager Budget regarding Library Department items eliminated (25) from the "check list" during Budget consideration. The following people addressed the Council and asked for approval of the requested items: Mary Richmond, Acting Chairman-of the Board of Library Trustees; Judy Clark, City Librarian; and Spencer Covert, former Chairman of the Board of Library Trustees. Motion x Councilman Maurer made! a motion to grant the additional money for Seasonal Pages and a Seasonal Coordinator. Mayor Heather stated for the record, "I have stated, for the record, that - on principle - that I think the arbitrary allocation that has been given post "13," and not reflected in what the City has already set aside before "13" when we had the property tax, on what percentage of the tax dollar went to libraries, went to Parks, Beaches & Recreation, we have not really equalized that out and decided is this the philosophy that the Council wanted to do." Aileen Schrader, member of the Board of Library Trustees, addressed the Council and stated that the Coordinator would be more of a community relations person than a public relations person, per se. Aye x x x x A vote was taken on Councilman Maurer's motion, Noe. x x x which motion carried. 3. A report dated July 14 was presented from the Traffic Study Highway Action Team concerning certain street and (HAT) intersection improvements. (85) Steven Gavin, Vice President of Pacific Mutual Life Insurance Company, addressed the Council representing the group interested in seeing this traffic phasing plan implemented and stated they agree with the priorities established, and are working out a formula for division of costs. They wish further discussions with the City before assigning a particular developer to be responsible for working out the problems at Campus and Bristol _.:ion x The Implementation Plan for Traffic Phasing Pro- All Ayes gram Intersection Improvements as submitted by the Highway Action Team on June 18 was approved, and the staff was authorized to coordinate the program as described. Volume 34 - Page 179 ' -� n COUNCILMEN MINUTES A $�L ROLL CAL T' \\ July 28. 1980 :ninr v G. CURRENT BUSINESS: 1. A letter was presented from Marjorie Humber PB &R • appealing to Council for permission to remove a (62) large tree from her parking strip at 703 Acacia Avenue, Corona del Mara A report was presented from the Parks, Beaches and Recreation Director. Motion x The request for removal of the tree was denied. Ayes x x x x x Noes x 2. A report was presented from the Public Works CdMar Freewy Director regarding the Corona del Mar Freeway Agreement/ Agreement revisions. Mun /Election Measure Motion x The following resolutions were adopted: (43) All Ayes Resolution No. 9838 calling and giving R -9838 notice of the holding of a special municipal election to be held in Newport Beach on November 4, 1980, for the purpose of submit- ting to the qualified electors of said City ' a measure relating to an amendment to the existing freeway agreement with the State of California relating to the Corona del Mar Freeway. Resolution No. 9839 requesting the Board of R -9839 Supervisors of the County of Orange to con- solidate a special municipal election of the City of Newport Beach with the statewide general election pursuant to Section 23302 of the California Elections Code. Motion x Resolution No. 9840, authorizing the filing of a R -9840 All Ayes written argument in favor of a City measure by the City Council, was adopted. Motion x Resolution No. 9841, .authorizing and requesting R -9841 All Ayes the Board of Supervisors of Orange County to canvass the returns of the special municipal election to be held on November 4, 1980, consoli- dated with the statewide general election, was adopted. Volume 34 - 180 COUNCILMEN MINUTES A ROLL CALL July 28 1980 INDEX H. CONSENT CALENDAR: M"n x The following actions were taken as indicated except A yes for those items removed: 1. ORDINANCES FOR INTRODUCTION - For introduction and pass to second reading on August 11, 1980: (a) Proposed Ordinance No. 1862, being, AN Pkg Restrictn ORDINANCE OF THE CITY OF NEWPORT BEACH 0 -1862 AMENDING SECTION 12.40.100 OF THE (64) NEWPORT BEACH MUNICIPAL CODE TO DESIG- NATE THE CUL -DE -SAC PORTION OF HILARLA WAY WESTERLY OF FLAGSHIP ROAD FOR ANGLE PARKING. (A report from the Traffic Affairs Committee) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 9842 designating an inter- Stop Signs section at which vehicles are required to Acacia /Fourth stop and directing the Traffic Engineer R -9842 to erect necessary stop signs (Acacia (81) Avenue at Fourth Avenue). (A report from the Traffic Affairs Committee) (b) Resolution No. 9843 rescinding Resolution Lake Tahoe No. 9678 regarding the preservation of Preservatn Lake Tahoe. (Letter dated June 17, 1980 R -9843 from the City of South Lake Tahoe) (77) (c) Resolution No. 9844 approving Memorandum Personnel of Understanding negotiated by representa- Class /MOU tives of the Newport Beach Firefighters Firefighters Association and the City representatives. R -9844 (Report from Personnel Director attached (66) with copy of Memorandum of Understanding) (d) Resolution No. 9845 approving Memorandum Personnel of Understanding negotiated by representa- Class /MOU tives of the Newport Beach Employees NBEL League and the City representatives. R -9845 (See report with Item H -2(c). Copy of (66) Memorandum of Understanding attached) (e) Resolution No. 9846 authorizing the Mayor Resub No. 616 and City Clerk to execute certain subdivi- R -9846 sion agreements between the City of (84) Newport Beach and The Irvine Company guaranteeing completion of public improve- ments along Jamboree Road, Back Bay Drive, East Coast Highway and on -site improvements in Parcel No. 3, and approving an Entry Agreement along the southerly 25' of Parcel No. 3 in connection with Resubdivision No. 616. (A report from the Public Works Department) Volume 34 - Page 181 -`OJT HCH COUNCILM N MINUTES ROLL CAL July 28, 1980 INDEX (f) Resolution No. 9847 accepting the offers of Resub No. 616 dedication by The Irvine Company for right- R -9847 of -way, pedestrian, bicycle trail, drainage (84) • and access purposes in connection with Resubdivision No. 616. (See report with Item H -2(e) above) (g) Resolution No. 9848 approving a refinancing BBC /Terrace of the reduced principal of the Deed of Apts Trust in favor of the First National Bank of C -1473 Chicago on the Terrace Apartments at the (38) Balboa Bay Club. (A report from the City Attorney) 3. COMMUNICATIONS - For referral as indicated: (a) To staff for reply, a letter from Dr. Eugene St Sweeping D. Gierson protesting the lack of (74) street sweeping on 36th Street near Seashore Drive. (Attached) (b) To staff for reply, a letter from the Dover Hwy Impr Funds Shores Community Association protesting the (43) amount of Highway Improvement Funds allotted to Orange County. (Attached) (c) To Pending Legislation and Procedural Ethics Fair Housing Committee, a letter from the City of Rolling AB2464 Hills Estates asking the City to oppose AB (54) 2464 regarding the fair share housing requirement for cities. (Attached) (d) To staff for reply, a letter from the Tr. Nos. Southern California Edison Company regarding 11042/11043 Tract Nos. 11042 and 11043, and stating that the developments of this tract will inter- fere with their rights within the tract boundary. (Attached) (e) To staff for reply, a letter from Mr. and Police Dept. Mrs. H. D. Woods protesting the towing of (70) their car from the Market Basket parking lot. (Attached) (f) To staff for reply, a letter from Louise Police Dept. Greeley congratulating Council on its (70) decision to employ a Litter Control Officer., and asking for information regarding the recruitment. (Attached) (g) To staff for reply, a letter from Roy OrCo Airport Skultin of Santa Ana Heights Association (58) regarding their airport noise problems and possible annexation to the City. (Attached) Volume 34 - Page 182 COUNCILMEN MINUTES ROLL CALK' July 28. 1980 iNnFY (h) To staff for report back, a letter from Bus License Richard Minard of Aqua Wind International (27) • Ltd. asking for a special use permit for a rental concession at the end of 18th Street on the Bay. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) A copy of a letter from Ray E. Williams to EMA Advanced Planning Functions regarding the redevelopment of Newport Dunes and the environmental document prepared in conjunc- tion with the proposal. (Attached) (b) Letters from Al "King Alfonso" Lizanetz enclosing orchid. tree seeds and stating his feelings regarding the influence of Seagram Distilleries on the American lifestyle. (c) Removed from the Consent Calendar. (d) Copy of Preliminary Agenda of Local Agency Formation Commission including the review and update of Newport Beach's Sphere of Influence. (Attached) (e) Copy of a notice from Southern California Gas Company of its application before the Public Utilities Commission for authoriza- tion to include certain purchase gas costs in its approved PGA procedures. (Copy of 90 -page document on file in City Clerk's office) (f) Notice from U.S. Environmental Protection Agency regarding a public meeting with representatives of the U.S. Radiation Policy Council in San Francisco on July 31, 1980. (Attached) (g) Agenda of Board of Supervisors meetings held July 15, 16, 17, 18, 21, 22, 23, 24 and 25, 1980. (h) A letter from Mr. and Mrs. David Fox object- ing to any additional hotel rooms being allowed to develop within the City. (Attached) (i) Copy of a report from the City Attorney to the Environmental Quality Citizens Advisory Committee, Quality of Life Subcommittee, regarding Nuisance Ordinances, Extra Police Support During Summer, and Use Permit Requirements for residential rental units. (Attached) Volume 34 - Page 183 2 }� COUNCILMEN MINUTES ROLL CAL \TWP Julv 28. 1980 ni n c v 5. CLAIMS FOR DAMAGES: Claims (36) For denial and confirmation of the City • Clerk's referral to the insurance carrier: (a) Claim of Mohammed Ali Roushan for allegedly Roushan illegal entry and violation of rights by the City Police Department at his home at 534 San Bernardino Avenue on April 6, 1980. (b) Claim of Larry Scott Davis for personal Davis injuries allegedly sustained when a Lifeguard jeep ran over his face while he was sleeping on the beach at 5200 Seashore Drive on June 14, 1980. (c) Claim of Janice Parker for damage to her Parker car allegedly caused when a City stop sign at Agate and Park on Balboa Island fell over and hit the top of her car on June 25, 1980. Direction to City Clerk to serve Notice of Insufficiency of Claim: (d) Notice of Insufficiency of Claim to be Soderling addressed to Ronald E. Soderling, 500 Via Lido Nord, Newport Beach, CA 92663, regarding claim filed with the City _ Clerk July 11, 1980. • 6. SUMMONS AND COMPLAINTS: For confirmation of the City Clerk's referral to the insurance carrier: (a) Summons and Complaint of Cindy Susan Thompson Thompson for False Imprisonment, Violation of Civil Rights, Invasion of Privacy, Infliction of Mental Distress, and Negligent Infliction of Emotional Distress, Case No. 337408 in the Orange County Superior Court. (b) Summons and Complaint of Meghan Gallagher, Gallagher a Minor and Dorothy Luccesi, her Guardian ad Litem for damages, Case No. 337908 in Orange County Superior Court. Original claim was for injuries sustained when claimant was involved in an automobile accident at Ford Road and Newport Hills Drive East. (c) Summons and Complaint of James Keith Cummins Cummins for assault and battery, and intentional infliction of emotional distress, Case No. 338054 in Orange County Superior Court. Volume 34 Page 184 - 4 31111i 1111'' 11 %11,11 i ' r7 i Y '�'�. COUNCILMEN MINUTES .)LL LALL July co, 170V (d) Summons and Complaint of Peter J. Selfridge Selfridge for personal damages allegedly as a result of a misdemeanor- complaint signed by a City • Police Officer, Case No. 42366 in Municipal Court, Harbor Judicial District. For confirmation of City'Clerk's referral to the City Attorney: (e) Summons and Complaint of Gilbert & Stearns, Gilbert & Inc. for Foreclosure of Mechanic's Lien, Stearns, Inc. Breach of Contract, etc., Case No. 33 -73 -08 in Orange County Superior Court. 7. REQUEST TO FILL PERSONNEL VACANCIES - For Personnel approval: (A report from the City Manager) Vacancies (66) (a) One Sign and. Paint Shop Technician, General Services Department, to fill a vacant position. 8. STAFF REPORTS - For Council information and filing: (a) A report from the Public Works Department Pkg Restrictn) regarding the parking ban on Campus Drive. Campus Dr (Attached) (64) 9. PUBLIC HEARING SCHEDULINGt None. 10. ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE - Acceptance with regret of Ronald B. Linsky's EQCAC /Linsky (24) resignation and direction to the City Clerk to prepare a Certificate of Appreciation. (Letter to Mayor Heather attached) (The vacancy notice has been posted, and (District 2) Councilwoman Plummer's appointment to fill the vacancy will appear on August 11 agenda) 11. CITY COUNCIL MEETINGS - Adoption of proposed Policy A -10 amendment to Council Policy A -10, "Procedural (69) Rules for the Conduct of City Council Meetings." (A report from the City Manager) 12. IRVINE AVENUE /CLIFF DRIVE INTERSECTION IMPROVE- Irvine /Cliff MENTS (C -2143) - Acceptance of the work; authori- Drive InterImp zation to the City Clerk to file a Notice of C -2143 Completion; and authorization to the City Clerk (38) to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) 13. RECONSTRUCT STORM DRAINS ON VIA LIDO NORD AT VIA Via Lido /Genoa GENOA AND VIA KORON (C -2149) - Approval of plans & Koron Strm and specifications; and authorization to the Drain Recon. City Clerk to advertise for bids to be opened on C -2149 August 26, 1980 at 10:30 a.m. (A report from the (38) Public Works Department) • Volume 34 - Page 185 COUNCILMEN _ROLL CALK' E Motion All Ayes Motion All Ayes Motion Ales Motion All Ayes -0 MINUTES July 28, 1980 Utilities Yrd Storage Fac C -2057 (38) Npt Dunes (59) 1 14. STORAGE FACILITY AT 16TH STREET UTILITIES YARD (C -2057) - Acceptance of the work; authorization to the City Clerk to file a Notice of Completion; and authorization to the City Clerk to release the bonds 35 days after Notice of Completion has been filed. (A report from the Public Works Department) I. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. A copy of a letter to the President and General Manager of Newport Beach Dunes Aquatic Park from Western United Company protesting the treatment of two of their employees by an employee of the Park on July 4 was presented. Mayor Heather stated that she had answered the letter and explained that the City was not involved. x The letter was referred to the City Clerk for inclusion in the records. J. ADDITIONAL BUSINESS: x 1. A joint dinner meeting with the Costa Mesa City Council at 6:30 p.m, on August 28, 1980 was authorized. x 2. A request for a proposal from Michael Cheney was authorized for an amount not to exceed $1,500.00 in connection with the proposed Upper Bay pipe- line project, to be brought back to Council in two weeks. .x 3. The resignation of City Clerk Doris George effective October 31, 1980 was accepted with regret. Mayor Heather adjourned the meeting at 11:20 p.m. e Mayor ATTEST: City Clerk Volume 34 - Page 186 Utilities Yrd Storage Fac C -2057 (38) Npt Dunes (59) 1