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Home My WebLink About02/28/1983 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl o � R®t_t %��G�� REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: February 28, 1983 MINUTES I T61 *3 Mayor Hart recognized Boy Scout Troop No. 333 from Corona del Mar; East Bluff area, who were in attendance. Mayor Hart presented a proclamation to Cathy Bannister in recognition of the month of March as Red Cross Month. Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of All Ayes February 14, 1983, was waived, approved as written, and ordered filed. Motion x C. The reading of all ordinances and resolutions All Ayes under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Public hearing and City Council U/P 3011 reconsideration of USE PERMIT NO. 3011, a Bulajich/ request of ALEJANDRO BULAJICH and N. V. Txomin TROMIN, Balboa :Island, approved by the (88) Planning Commission on December 9, 1982, and sustained by the City Council on January 24, 1983, to allow construction of a three - story, commercial /residential condominium structure which exceeds the basic height limit in the 26/35 Foot Height Limitation District, The proposal also includes a modification to the Zoning Code so as to allow the use of a substandard parking aisle width with • wider- than - standard parking spaces and compact parking spaces. Property located at 411 and 413 -30th Street, on the northerly side of 30th Street between Newport Boulevard and Villa Way, in Cannery Village. Report from the Planning Department, was' presented. Brion Jeannette, Architect for the project, addressed the Council and advised that the applicant had made two changes in the project. The gross structural area of the building has been reduced by 448 square feet, which has resulted in.a reduction of the floor area ratio from 1.27 to 1.18, and two compact parking stalls have been added, increasing the total number of available parking spaces from 12 to 14. Drawings of the :revised project were displayed. ' Hearing no others wishing to address the Council, the public hearing was closed. - Volume 37 - Paee 71 CITY OF NEWPORT BEACH • Motion x Motion x Aea x x x x x x x Motion All Ayes • x MINUTES Council Member Plummer questioned what IU /P 3011 assurance the City had that the bedroom on the middle floor would never be converted to an office. The Planning Director replied that it would be a direct violation of the Use Permit, and if found to be converted, it would have to be restored to its original use, or come back before the Council as a revised application. Council Member Strauss questioned if this project should be referred to the Planning Commission, inasmuch as it has now been revised. The City Attorney responded that even though the project has been slightly revised, he felt it was substantially the same in all of its components. However, as stated by the Planning Director when this item was considered previously by the City Council, the Planning Commission had requested this project be reviewed by them if it was modified in any substantial way. Motion was made to refer this item to the Planning Commission for review and report back. Substitute motion was made to modify the City Council action of January 24, 1983, with the reduction of gross buildable area to 1.18, and the addition of two compact parking spaces. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading and adoption on March 14, 1983: (a) Proposed ORDINANCE NO. 83 -15, being, Ord 83 -15 Trash /Refuse AN ORDINANCE AMENDING SECTION (44) 6.04.120 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING PROHIBITED MATERIALS FOR REFUSE COLLECTION (Report from the City Attorney) (b) Prbposed ORDINANCE NO.83 -16, being, Ord 83 -16 Ofncs /Nusncs AN ORDINANCE AMENDING PROVISIONS OF (70) CHAPTER 10.54.020 AND REPEALING SECTION 11.08.010 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DRESSING IN PUBLIC PLACES AND PUBLIC NUDITY (Report from the City Attorney) Volume 37 -• Page 72 • • CITY OF NEWPORT BEACH EMBERS February 28, 1983 2. RESOLUTIONS FOR.ADOPTION: MINUTES (a) Resolution No..83 -24 urging ARP /SAna Congressional authorization for the ALL Rvr Flood -... RIVER PLAN -SANTA ANA RIVER FLOOD Prtctn Prj PROTECTION PROJECT. (Report from Public Res 83 -24 Works w /resolution) (74) (b) Removed from the Consent Calendar. 3. CONTRACTS/AGREEMMS: (a) Award Contract No. 2318 to Sully- Miller Bkwy Impvms/ Contracting Company of Orange, Irvn Ave California, for $143,339.24 for Street C -2318 and Bikeway Improvements on Irvine (38) Avenue from Mesa Drive to Bristol Street; and authorize the Mayor and City Clerk to execute said contract. (Report from Public_ Works) (b) Award Contract No. 2372 to Ian -Co. in Buffalo HIS the amount of $25,943.00, and authorize Pk Rnvtn the Mayor and City Clerk to execute said C -2372 contract for Buffalo Rills Park Athletic (38) Field Renovation. (Report from Parks, Beaches and Recreation) (c) Authorize the Mayor and City Clerk to execute a Local Agency Consultant Agreement with ASL Consulting Engineers for the Corona del Mar Freeway Extension Water Main Relocations at Jamboree Road and at Campus Drive in connection with the extension of the Corona del Mar . Freeway. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Chief of Police for reply, letter of complaint from Meyer Stein regarding storage and release charges imposed by G & W Towing. Frwy Lan WtrMn (38) Towing/ (70) (c) To Parks, Beaches and Recreation PB &R Director for response, letter from Elhum (62) Vandat regarding solicitation of tennis round robin tournaments and the policy of loss of refunds upon cancellation of said tournaazuents. (d) To Police Department for inclusion in Arrests the records„ letter from Joann and Miles PD (70) Larson regarding empowering nonsworn employees of the Police.Department to make arrests. Volume 37 - Page 73 COUNCIL MEMBERS OLL \CALL C` February 28, 1983 MINUTES INDEX (e) To City's voting representative on the JWyn Arpt/ Orange County Division League for Impvms • endorsement, request from Orange County (54) Division, league of California Cities urging support for amended resolution regarding improvements at John Wayne Airport. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency-Formation Commission Minutes of January 26, and Preliminary Agenda for February 23, 1983. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Mrs. A. J. (Selma) Gold for Gold reimbursement of bifocal glasses damaged, as the result of tripping on the alleged broken portion of sidewalk in the approximate vicinity of Marine Avenue and :Balboa Avenue on January 18, 1983. (b) Mary Lou Jonkhoff for property damage, Jonkhoff as the result of being rear -ended by City vehicle on February 11, 1983. • (c) Dr. Allan H. Lifson for plumbing Lifson service, as the result of sewage blocking his toilets at 219 Via Dijon, on February 16, 1983. (d) Jeanette Mason for personal injury as Mason the result of slipping on oil on the sidewalk in the vicinity of Irvine Avenue on December 3, 1982, allegedly due to negligence of the City. (e) Kirk Ruppert: McCarter for property McCarter damage as the result of making a u -turn in an alleged negligent /unsafe City -owned driveway on November 19, 1982 in the vicinity of the south corner of Ocean Boulevard at Poppy Avenue. (f) Trautwein Brothers Waterfront Trautwein Construction for property damage, due to Bros. alleged overflow of storm drain at 2410 Newport Boulevard, on January 27, 1983. (g) John Van Heel for property damage to his Van Heel vehicle parked at the City Utilities Yard by City truck backing out of work shop area at 949 W. 16th Street (Water • Utilities Yard) on February 10, 1983. Volume 37 -- Page 74 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �0 C+® F f G�yAG,y9` t" A Rni i February 28, 1983 INDFY (h) Pacific Telephone for property damage to Pacific Tel conduit as a result of trench caving in • while City employees excavated for sewer line at Balboa Boulevard and 47th Street on January 24, 1983. (i) George and Lillian Munn for personal Munn injuries /pecuniary losses allegedly sustained when Lillian tripped over section of raised sidewalk on 804 South Bayfront, on November 25, 1982. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Gerald Richard Mitchell, Orange County Mitchell Superior Court Case No. 39- 63 -61. Original claim was denied by the City Council on August 9, 1982. 8. REQUEST TO FILL PERSONNEL VACANCIES - For (66) approval: (Report from the City Manager) (a) One Groundsman- Gardner II, Parks Division. (b) One Building Inspector II, Building Department. • (c) One Police Officer, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) FUND RAISING FOR CITY ARTS FESTIVAL. PB &R /Arta (Report from Parks, Beaches and Cmsn Recreation Commission) (62) (b) Report from Planning regarding ONE -YEAR U/P 1965(A) REVIEW OF USE PERMIT NO. 1965(A) A. T. A.T. Leo's LEO'S. (88) 10. PUBLIC HEARING SCHEDULING: None. 11. INSTALLATION OF TRAFFIC SIGNALS AND SAFETY Trf Sgnl/ LIGHTING AT THE INTERSECTION OF HOSPITAL ROAD Sfty Ltg AND PLACENTIA AVENUE (C -2376) - Approve the Hosptl Rd/ plans and specifications; and authorize the Plcuta City Clerk to advertise for bids to be opened C -2376 at 11 :00 a.m., Thursday, March 24, 1983. (38) (Report from Traffic Engineering) 12. BALBOA BOULEVARD PAVEMENT SUBSEALING (C -2350) Balboa B1/ - Accept the work; and authorize the City Pvm Sbslg Clerk to file a :Notice of Completion and C -2350 release the bonds 35 days after Notice of (38) Completion has been filed. (Report from Public Works) • Volume 37 - Page 75 • • CITY OF NEWPORT BEACH MINUTES February 28, 1983 13. NEWPORT AND BALBOA OCEAN PIERS /MISCELLANEOUS REPAIRS 1982 -83 (C -2366) - Reject bid submitted by John L. Meek Construction Co., Inc.; approve the revised plans and specifications and authorize the City Clerk to readvertise for bids to be opened at 10:00 a.m. on March 18,1983. (Report fron Public Works) 14. APPLICATION BY DUNCAN MCINTOSH TO TEMPORARILY REVISE A SECTION OF THE COMMERCIAL DOCKS AT LIDO VILLAGE - Approve the application subject to the conditions listed in the staff report to revise a section of the commercial docks at Lido Village to accommodate an In -The -Water Boat Show. (Report from Marine Department) 15. BUDGET AMENDMENTS: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution approving rules and regulations promulgated by the Chief of Police regarding; newspaper racks and stands with a report from the City Manager, was presented. Council Member Strauss indicated he felt the proposed revised rules and regulations should be more flexible with respect to color and the requirement of a particular wood grain. The City Manager reviewed the history of newspaper racks and stands, noting that the existing'rules and regulations were adopted in 1977. Just recently the Police Department brought to the Council's attention that a . specific newsrack did not conform to the current regulations. At this time, it was stated by the applicant that permission had been given to install those particular racks. The matter was investigated and it was found that this particular applicant was in violation of its own application, as well as the existing rules and regulations. The City Manager pointed out that the subject applicant's first: installation was consistent with their application, but after inspection of the racks, they were removed and replaced by other colored racks. Noel Hatch, Attorney representing "U.S.A. Today," 2365 Midwick, Altadena, (the newsrack referred to in the foregoing) addressed the Council and stated that he personally contacted the Police Department with respect to their blue and white colored newsracks, and it was indicated to him that the new racks were approved-not only as to color, but Volume 37 - Page 76 Msc (38) osh Apl Deks (51) ack Regs 27 6 70). CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �Co p A � OLL �� p SS February 28, 1983 INDEX also their locations. He also felt that the Newspaper proposed revised rules.and regulations were Rack Regs developed as a result of the recent incident, • and directly against "U.S.A. Today" newsracks. He requested they be allowed to retain the blue and white racks, as he felt they should not cause a problem. Police Chief Charles R. Gross addressed the Council and stated that he and Officer Robert Oakley were both contacted by Noel Hatch. He advised that lie did not, in any way, indicate that there was any approval of the blue and white racks. He stated that their discussion did not deal with the color of the racks in terms of its approval. Police Officer Robert Oakley addressed the Council and reported that during.his conversation with Mr. Hatch, it was indicated. by Mr. Hatch that the wrong newsracks had been installed (brown racks). He stated that he does not recall at any time giving permission for the blue and white racks to be installed, which occurred following approval of the brown racks. Motion x Motion was made to adopt Resolution No. 83 -25 Res 83 -25 Ayes x x x x x x approving rules and regulations promulgated Noes x by the Chief of Police regarding newspaper racks and stands, with the revision to Section 1, adding the words "dark brown" • preceding the words "wood grain." 2. A letter from Ron Pavelka, and response from Rcrtnl Actv/ the Marine Department Director regarding Spear Guns adoption of Ordinance No. 82 -31 (prohibiting Pblc Piers. use of spear guns on public piers), were (62 5 51) presented. The City Attorney advised that there was a typographical error in the amendment to Ordinance No. 82 -31, adopted by Council on December 13, 1982, as it does not contain the final sentence. The error will be corrected and no additional action is necessary by the City Council. Motion x Motion was made_ to refer the letter to the All Ayes Marine Department for inclusion in the records, as recommended. • Volume 37 -- Page 77 COUNCIL MEMBERS 9c�c0 v -bgyy� .0G :A F 9 RAI 1 rei i �� y�'DGSS February 28. 1983 MINUTES INDEX H." ORDINANCES FOR ADOPTION: • 1. ORDINANCE NO. 83 -12, being, Ord 83 -12 Veh /Pkg AN ORDINANCE OF THE CITY OF NEWPORT (63) BEACH AM13NDING SECTION 12.40.055 OF THE NEWPORT BEACH MUNCIPAL CODE REGARDING PARKING OF CERTAIN VEHICLES IN RESIDENTIAL DISTRICTS, was presented for second reading and adoption, with report from Assistant to the City Manager, dated February 14, 1983. Motion x Motion was made to adopt Ordinance No. 83 -12. All Ayes 2. ORDINANCE NO, 83 -13, being, Ord 83 -13 Penalty AN ORDINANCE OF THE CITY OF NEWPORT Provision BEACH REPEALING SECTION 1.04.030 OF THE (70) NEWPORT BEACH MUNICIPAL CODE REGARDING CREDIT FOR LABOR DURING IMPRISONMENT, was presented for second reading and adoption, with. report from City Attorney, dated February 14, 1983. Motion x Motion was made to adopt Ordinance No. 83 -13. All Ayes I. CONTINUED BUSINESS: • 1. APPOINTMENT TO BOARD OF LIBRARY TRUSTEES. Library Rd (24) Mayor Hart suggested the green light be used for nominee F. Holley Wilkinson, and the red light for nominee Gordon Glass. - Motion x Motion was made that the nominees for the Library Bd/ Board of Library Trustees and City Arts Arts Cmsn Commission be selected by written secret ballot, and the results tallied and announced by the City Clerk. Ayes x x x x Following comments, the motion was voted on Noes x x x and carried. Council Member Strauss stated for the record: "I voted against the motion because I think it is a distinct move further into the matter of secrecy, which I do not think is a good one for this Council." The City Clerk tallied the ballots, and announced that F. Holley Wilkinson had been selected as the new appointee to fill the unexpired term of Thomas Edwards, ending June • 30, 1484. Volume 37 - Page 78 CITY OF NEWPORT BEACH COUNCIL MEMBERS o s� R a L I_ \A[ �*P February 28, 1983 MINUTES INDEX 2. APPOINTMENT TO ARTS COMMISSION. Arts Cmsn (24) • The nominees, as recommended by the Appointments Committee were Pattie -Gene Sampson and Ervin Pashley, Jr. The City Clerk tallied the ballots, and announced that Pattie -Gene Sampson had been selected as the new appointee to the Arts Commission to hill the unexpired term of Bill Agee ending June 30, 1985. 3. APPOINTMENTS TO BUILDING CODE BOARD OF APPEALS. Bldg Code Bd Apls Motion x Motion was made: to appoint Paul Lawrence (24) All Ayes Root, and Brion Jeannette. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding U/P 1953 a request of the Koll Company for Koll Ctr clarification of the City Council's action of Hotel November 10, 1980, as it pertains to the (88), parking requirement for the KOLL CENTER NEWPORT HOTEL (USE PERMIT N0. 1953), was presented. The City Manager summarized the subject report, wherein it was noted that the plans which accompany the approved use permit show a total of 727 parking spaces for an average of 1.65 parking spaces per room. In contrast, the information contained in the • EIR indicates that 597 parking spaces, or 1.36 spaces per room, would not only serve the needs of the hotel, but would provide a 15% margin in excess of need. Following approval of Use Permit No. 1953 in November of 1980, the Koll Company, along with Hyatt Hotels and the architectural firm of Gin Wong Associates, proceeded to prepare working drawings. Building permits were issued on September 28, 1982, and construction commenced in November of 1982, with the stipulation and guarantee that the 727 parking spaces shown on the approved plans would be provided in the event the 597 spaces as discussed in the EIR was later deemed not to be the required parking figure. Subsequently, a change in intended operators and modifications occurring in the normal evolution of the building design have been submitted to meet the needs of Meridien Hotels. These changes, which have been certified by staff to be in substantial compliance with the earlier approved plans, include a reduction in the height of the building, interior redesign and reduction in the size of meeting rooms, relocation of the pool, and reduction of public assembly areas • with concomitant reductions of support areas. Volume 37 -- Page 79 CITY OF NEWPORT BEACH • • Motion Ix Iz IX x Ix Ix Ix Ix Ay • MINUTES In order to validate the information prepared for the earlier EIR, parking needs for the Meridien Hotel have been assessed by both the new hotel operator and the consultant who performed the earlier parking needs study for the City. These reports indicate that the 597 space figure cited in the EIR will produce approximately 100 spaces in excess of need or a parking surplus of 17 %. By the way of comparison it also represents a space - per -room figure comparable to the requirement placed on the Marriott Hotel by the City. Timothy L. Strader, Executive Vice President, Roll Center Newport, addressed the Council and stated that they had made an error when this item was previously before the City Council, which was that certain plans were drawn before the EIR had been completed. The EIR was then completed with the Traffic Study, which showed that this project only_ needs 597 parking spaces. He requested they be relieved of their error. The Council discussed the Condition of Approval in question which states, "that the development shall be in substantial conformance with the approved plot.plan." During this consideration, the City Attorney advised that if the Council were to approve the parking in accordance with the staff report, or the number fixed on the plot plan, he did not feel the Council would have any discretion. The environmental document does not change the approval of the Council unless it is included in the decision specifically. The manner in which this project was approved, (i.e., the condition which allows' for development in substantial conformance) does give the Council some discretion to allow for development slightly different than previously outlined in the development plans. Motion was made to establish the parking requirement of 597 spaces, as set forth in the Environmental. Impact Report, determining that this development shall be in substantial conformance with the previously approved plot plan for said project. Council Member Strauss stated for the record his reasons for voting against the motion as follows: "I voted 'no' on this item because I believe the minutes of the Planning Commission were clear as to what they required (727 spaces), and the City Council made its approval based on that number." Volume 37 -- Page 80 Ctr c COUNCIL MEMBERS \CAL\LOLL �q G S� February 28; 1983 MINUTES INDEX 2. Report from the Planning Department regarding Transprtatn PROPOSED TRANSIT STUDY ON THE BALBOA Balboa Pnsla PENINSULA, was presented. (86) • It was noted that, pursuant to previous Council direction, staff had requested proposals from five firms for the preparation of the subject study. Phase I of the study is estimated to cost $45,000, and take approximately ten (10) weeks to accomplish. The second phase will cost between $10,000 to $30,000 and timing will be dependent on Phase I. The City Manager pointed out that Phase I is proposed to be divided into six specific tasks defined as follows: 1. Land Use Scenario Assessment ($6,000); 2. Definition of Transit System Alternative ($7,400); 3. Estimation of Trips for Land Development Alternatives ($6,600); 4. Right -of -Way and Environmental Assessment ($5,600); 5. Development of Alternatives ($5,2010); and 6. Alternative Testing and Recommendation of Preferred Alternative ($14,200). The City Manager advised that monies had not been budgeted for the study and if approved, a budget amendment would be prepared. The funds would probably come from Unappropriated Reserve of the General Fund; however, tideland monies may possibly be used. During course of discussion, Council Members indicated they were somewhat surprised at the cost of the study, wherein the Planning _ Director stated that if it was the desire of the Council, the staff could go back and sit down with the consultant to see where the study might possibly be refined. In response to Council concern as to what a transit system would actually cost, the Planning Director stated that there are various types of systems which could be used, depending upon the various assumptions of the Council. Council Member Agee stated that as an alternative, there are qualified staff personnel in the field of transportation at California University at Irvine, as well as others in the community equally qualified, • who he would suggest the staff consult with in order to get some guidance as to basics. Volume 37 - Page 81 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G RDLI_ � CAtI �� Z��'iltl� February 28, 1983 INDEX The Planning Director stated that the subject Transportatn study would provide information relative to Balboa Pnsla • the types of transit systems that would be provided, given various intensive developments on the Peninsula and West Newport. Once Phase 1 is completed, then the R -DDAT group could proceed with an architectual /urban design type study, using input from this transit study, as well as other studies and reports, in preparation of an urban - design solution for the Cannery Village /McFadden Square area.. Then, finally all the information could be put into a zoning document and a Specific Area Plan could be prepared. Council Member Plummer stated that the subject study appears to be somewhat costly in the opinion of some Council Members; however, she dill feel that the money would be returned to the City through major. developments on the Peninsula. She also felt the longer the City waited, the more expensive the study. Council Member Strauss indicated that possibly the Council had not assessed their objectives cleanly enough in order to help the staff prepare the proposals. Motion x Following discussion, motion was made to AJAyes request that staff report back no later than one month in response to the comments and concerns expressed in the foregoing. 3. Report from the Marine Department regarding Harbor Perm/ HARBOR PERMIT APPLICATION 113 -201 BY STACY H. #113 -201 DOBRZENSKY AND RICHARD P. ETTINGER to (51) construct a joint ownership pier and float on the property line bayward of 201/205 Edgewater, was presented. It was noted that the proposed float would extend approximately 20 feet beyond the pier head line. Motion x Mayor Pro Tem Maurer indicated he.had several concerns with the request, and therefore, made a motion to refer the application to the Tidelands Affairs Committee for review and report back. Howard Markridge, 1 Bay Island, addressed the Council in opposition to the request. He stated that if the harbor permit were approved, there would be a 27 foot intrusion into the channel which he felt was a navigational hazard, especially in the fog. Volume 37 .. Pave R2 - - CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl 0� f A G A Rni i 5P ��G�s February 28, 1983 MINUTES "k613 Stacy H. Dobrzensky, one of the applicants, Harbor Perm/ stated he would be happy to meet with the #113 -201 Tidelands Affairs Committee to clarify any concerns. Irene Carter, 320 Alvarado Place, addressed the Council in opposition to the request, indicating the float would also interfere with the swimming beach. All Ayes The motion was voted on and carried. The meeting was adjourned at 9:35 p.m. Mayo ATT ST: City Clerk Volume 37 - Page 83