Loading...
HomeMy WebLinkAbout01/27/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES CJA p 2 i 5 S 9 REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. s' p DATE: January 27, 1986 INDEX P esent x x x x x x x A. ROLL CALL. ion x B. The reading of the Minutes of the 1 Ayes Meeting of January 13, 1986, was waived, approved as written and ordered filed. approved 8-\ x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearing Ord 86 -1 and City Council review of a related Regs fr Environmental Document and PROPOSED Vestg TMps ORDINANCE NO. 86 -1, being, Rsdntl SubD (68) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS (PLANNING PCA 630 COMMISSION AMENDMENT NO. 630), (94) was presented for second reading with report from the Planning Department. Letter from The Irvine Company requesting consideration of comments and revisions regarding the proposed • ordinance, was presented. The City Clerk advised that a request had been made just prior to the Council meeting by John Erskine, Executive Director, Building Industry Association, Orange County Region, for continuance of this item for two weeks, as he wished to address the Council on this issue, and was unable to attend tonight's meeting. Motion x Motion was made to continue the Ayes x x x x x foregoing item to February 10, 1986, as Noes x x requested. E. PUBLIC COMMENTS: 1. Don Hunter, Alternate Director, Golden obile Hm State Mobile Home Owners League, Legislation addressed the Council regarding the recent passage of SB 316 relating to mobile homes. He stated that their association will be making some recommended amendments to the bill and will forward them to the City Council for review when finalized. • Volume 40 - Page 22 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \CAL v 1 -V c�F ROLL Gds � y�9 January 27, 1986 INDEX F. CONSENT CALENDAR: on x The following actions were taken as A Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Approve an Entry Agreement with Swr Mn /116 Donald R. and Barbara G. Ward for Kings P1 construction of a new sewer main C -2557 across 116 Kings Place; authorize (38) the Mayor and City Clerk to execute said agreement and record same with the Orange County Recorder. (Report from Public Works) (b) Approve Agreement with Donald R. Swr Mn and Barbara G. Ward for sewer main Relocatn/ relocation at 116 Kings Place (Lot 116 Kings P1 2 of Tract No. 1219); and authorize C- 2543(A) the Mayor and City Clerk to execute (38) said agreement. (Report from • Public Works) (c) Award Contract No. 2506 to Chas. J. Grnd'Cnl Rounds Co., of Fontana for the Mntnc &Drdg total price of $47,500 for Grand C -2506 Canal Maintenance Dredging and Rock (38) Buttress; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) To Planning Department for U/P 3184 response, letter from First Church (88) of Christ Scientist opposing the application of Tiffany's Astrological Club for Use Permit 113184 on property located at 3388 Via Lido. (b) To Police Department- Records PD Division for response, letter from (70) Andrew V. Holzmann protesting alleged high fee for accident reports. • Volume 40 - Page 23 '*0.'V*1TY OF NEWPORT BEACH COUNCIL MEMBERS \A, s� \0\\\\\ oni i January 27, 1986 MINUTES cMM (c) To Finance Department - Business Bus Lic License for response, request for (27) • "Human Race" triathlon special events scheduling on October 11, 1986. . (d) To Public Works Department for U/P 3161 response, letter from Westgroup (88) Construction, Inc., protesting additional fee for "San Joaquin Hills Transportation Corridor Area Benefit" in order to obtain their building permit (Use Permit No. 3161). Note: Copy of response to City Council (e) To Planning Department for Planning response, letter from Don Williams (68) suggesting legislation that would involve the executive council of homeowners' associations regarding any new building project of 500 square feet or more. Note: Copy of response to City Council. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation minutes of December 4, • 1985. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) William S. Abshear alleging damage Abshear to roof during November, 1985, from City -owned trees which need trimming at 3803 Marcus Avenue, Newport Island. (b) Nick Anderson alleging City sewage Anderson overflowed from shower drain at 404 Catalina Street, Newport Beach on January 15, 1986, damaging and smelling carpeting, pads in bedroom and hall and lower room carpeting. (c) James T. and Jody Capretz alleging Capretz property damage to home at 207 Evening Canyon Road and yard, as a result of City sewer blockage on November 26, 1985. • (d) Carolyn Edwards alleging personal Edwards injuries and dangerous condition of public property which caused • traffic accident at Pacific Coast Highway near Cameo Shores Road on October 12, 1985. Volume 40 - Page 24 CITY OF NEWPORT BEACH COUNCIL. MEMBERS of 9\0\� oni i rep � January 27, 1986 MINUTES j, lr c '1 (e) Insurance Company of North America Ins Co No for Steward Folger alleging damage Amer / Folger • to insured's dwelling and fence at 4410 Channel Place as a result of oil well fire on August 2, 1985. (f) Ray Sawan alleging damage of flat Sawan tire and tire rim on January 8, 1986 as a result of a hole in street at Pacific Coast Highway between Dover and Bayside Drive. (g) C. G. Schulze alleging tire damage Schulze to vehicle on January 12, 1986, as a result of broken center divider at Newport Boulevard at onramp to Coast Highway. (h) State Farm Insurance Company for State Farm/ Ken Wirgler alleging damage to home Wirgler at 413 Jasmine Avenue on January 29, 1985, due to negligence of City to properly maintain easement area located adjacent to subject property, thereby causing continuous crack in garage concrete slab and extensive cracking in concrete driveway. (i) Kelly G. Worth alleging damage to Worth left front and back tires as a • result of pothole in street at MacArthur Boulevard and Eastbluff Avenue on December 25, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Douglas Kessenich and William Kessenich/ Hamilton for property damage, loss Hamilton of use of property, general negligence, etc., regarding building constructed at 1926 W. Ocean Front in May, 1985, Orange County Superior Court Case 476469. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Police Officer, Patrol Division. 9. STAFF AND COMMISSION REPORTS - • For Council information and approval: (a) Removed from the Consent Calendar. • Volume 40 - Page 25 CITY O NEWPORT 's p ,, y., COUNCIL MEMBERS s -0 \<�p o'� 99 `GROLL CAL Gds y�A January 27, 1986 MINUTES For Council information only: • (b) Status report from the Executive St. Andrews Assistant to the City Manager Prkg regarding closure of St. Andrews' (63) . parking lot. (c) Report from General Services General Sery Director regarding conditions at (44) "Mucho Munchies1° in Corona del Mar. 10. PUBLIC HEARING SCHEDULING: None. 11. MEDIAN IMPROVEMENT AGREEMENT ON BAYVIEW Permit/ WAY AND BAYVIEW PLACE - Approve an Encrchm encroachment agreement and declaration (65) of covenants between landowners for street median improvements along Bayview Way and Bayview Place adjacent to Tract Nos. 12212 and 12528 (southwesterly corner of Bristol and Jamboree Road); and authorize the Mayor and City Clerk to execute subject agreement and have said document recorded. (Report from Public Works) 12. NEWPORT PIER HANDRAIL COMPLETION AND NptPrHndrl SOUTH BAY FRONT GROIN CONSTRUCTION SoBayFrnt (C -2517) - Approve the plans and C -2517 • specifications and authorize the City (38) Clerk to advertise for bids to be opened at 11:00 a.m., on February 14, 1986. (Report from Public Works) 13. RESUBDIVISION NO. 812 - Approve a Resub 812 subdivision agreement guaranteeing (84) completion of public improvements required with Resubdivision No. 812 (portions of Lots 12 and 14, Block 435, Corona del Mar Tract, located at 428 Heliotrope Avenue on the easterly side of Heliotrope Avenue, between First Avenue and East Coast Highway in Corona del Mar); and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works) 14. FINAL MAP OF TRACT NO. 12079 - Approve Final Mp the Final Map of Tract No. 12079, a Tr 12079 request of RUMNEY ENTERPRISES, INC., Irvine, subdividing a portion of an existing lot containing .483 acres of land into one lot for residential condominium purposes. Property located at 487 Morning Canyon Road, on the northeasterly corner of Morning Canyon Road and East Coast Highway in Corona Highlands; zoned R -3 -B. (Report from the Planning Department) Volume 40 - Page 26 COUNCIL \c0-h \9\ r Motion All Ayes Motion All Ayes • Motion All Ayes i • x x 9G y9'A� y�9� 9o'Fc� S January 27, 1986 x 15. BUDGET AMENDMENTS - None. MINUTES G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution authorizing the Mayor and City Clerk to execute a renewed 5 -year agreement (C- 2241), which provides for the County to administer, regulate and enforce all City and County ordinances dealing with anchorage and mooring regulations, was presented with a report from Tidelands Affairs Committee. Following comments by Council Member Strauss with regard to the 7% anticipated inflation factor to the County each year commencing 1987 and continuing for the period of the agreement, motion was made to adopt Resolution No. 86 -8 approving the agreement on a year -to -year basis. 2. Report from Public Works recommending adoption of new Council Policy L -12, SOUND ATTENUATION WALLS, was presented. Council Member Hart commented that she would like to have an opportunity to work with the staff and other Council Members regarding the rewording of the language relating to aesthetics, and therefore, motion was made to continue this item to February 10, 1986. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEES for a one -year term expiring December 31, 1986 (appointed by Council upon recommendation of each Council Member). Bicycle Trails Citizens Advisory Committee (District 7) Council Member Cox °s appointment deferred to February 10, 1986. The Quality of Life Committee (Formerly Environmental Quality /Beautification Citizens Advisory Committee) Volume 40 - Page 27 0 /C -CNB Moorg Regs C -2241 (38) Res 86 -8 (69 CAC L -12 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL January 27, 1986 MINUTES Trl Tzn Motion x Motion was made to accept with Ayes regret the resignation of Eric Elder; and confirm (District 5) Mayor Maurer °s appointment of Eleanor Baldwin to fill Mr. Elder's unexpired term ending December 31, 1986. i 2. Report from Executive Assistant to the Pro Ac / City Manager regarding CANNERY VILLAGE Cnry Vlg LOTS, was presented. (73) It was noted that on December 9, 1985, the City Council approved Resolution No. 85 -105 authorizing staff to negotiate for the purchase of real property at 411 -415 30th Street for public purposes relating to vehicle parking. Appraisals of the property were made and property owners were contacted. Alex Buladge, representing the Netherlands Corp., owner of lots at 411 -413 30th Street, addressed the Council and stated that he was not notified of the proposed condemnation until he was about to close escrow on the properties. He purchased the lots in 1978 and has recently sold them to the Gilsand Company for $170,000 each. With regard to notification of this matter, the City Attorney advised that the property owner listed on the current assessment roll was notified of this hearing and the name was N. V. Txomin. Ben Jackson, representing the Gilsand Company, #1 Civic Plaza, Newport Beach, addressed the Council and stated the Gilsand Company has purchased lots 411 and 413, which are now in escrow. The Gileand Company is concerned that the property was made subject to condemnation proceedings very shortly after the City Council had approved plans for improving the two lots. They do not feel the City has treated them fairly, in that the City allowed the Gilsand Company to go forward with their intended improvements and expenditures and then were met with a proposed condemnation. The Gilsand Company has expended a substantial amount of money on the plans and purchase of the properties. Mr. Jackson requested the Council continue this item for two weeks for the purpose of developing information which, in essence, would be to: Volume 40 - Page 28 l - COUNCIL MEMBERS \CALFdOLL S`S' �9 �P January 27, 1986 MINUTES 7119T37 1) Convince the City Council that Prop Acq/ the proposed condemnation is a Cnry Vlg • mistaken or 2) Enter into negotiations that . would place the Gilsand Company in a position of representing their interests, as other interests in the area are being represented. Mr. Jackson stated that the Gilsand Company is disappointed and believes it has been deprived of some property rights, or will be, by condemnation. They are also concerned about the question of whether the property is being taken for public use. The City Attorney asked Mr. Jackson if this issue were continued for two weeks, as he requested, would the Gilsand Company continue their hearing before the Coastal Commission? Mr. Jackson stated that he was unable to respond to the question and would have to let the architect answer. Brion Jeannette, Architect for the _ Gilsand Company, addressed the Council and stated that he was involved in the Rudat study in 1983, wherein suggestions were made concerning the acquisition of land in the Cannery Village area for parking. He was also aware of many situations which have "cropped up11 after that time, that denied in a sense, the value of the Rudat study. Mr. Jeannette stated he is aware of needed parking in the subject area; however, it was not until they began the process and had approval of their plans from the Planning Commission and City Council that he had contact with the City Attorney on December 11, who informed him of the Council's action of December 9. He stated that all his indications from the staff were that no one was asking for condemnation, that the property was in a Specific Area Plan review, that there had been no public hearings, and that the Gilsand Company . had a viable project and to "go for it." To indicate that he was aware a condemnation proceeding was about to happen on the properties in question is . completely false. Volume 40 - Page 29 CITY d CI 0 Y ®F NEWPORT T EACH COUNCIL MEMBERS cn January 27, 1986 C� nn, o kP t'll :y i. ....mod ...... Regarding their upcoming hearing before Prop Acq/ the Coastal Commission, Mr. Jeannette Cnry Vlg • indicated that he could not ask that it be delayed, as he is only acting as an agent for the owner who is not in attendance at this meeting. In conclusion, Mr. Jeannette stated that if the land to be condemned is to help develop the Cannery Village area, why is the, City Council taking a project which has already been approved and tearing it down to provide parking. In his opinion, he feels the City needs more new buildings to rejuvenate the area, rather than a parking structure at this time. Council Member Plummer indicated she found it hard to believe that Mr. Jeannette was not aware of the proposal for condemnation of the subject lots, inasmuch as he is so "close to the area," and the issue has appeared in the newspapers on more than one occasion. Council Member Strauss stated that as of this date, there is no "approved" study for the Cannery Village /McFadden Square area; there is no "finding of fact" as to what is needed in the area; and • therefore, the action being proposed at this time is premature in his opinion. He also feels somewhat "queasy" to the fact that the City Council did approve the project referred to by Mr. Jeannette and at that time did not give any indication of the proposed condemnation; and therefore, he feels the City Council has some burden of responsibility and should "tread" very slowly. Council Member Agee, in response to some of Council Member Strauss °s remarks, stated he does not believe there has been any wrong doing by the City. In fact, the City Council had to approve the aforementioned project on its merits, and would have been liable had it taken any other action. Cynthia Garrett, 4400 MacArthur Boulevard, Attorney representing the Assistance League of Newport Beach, (owners of property adjacent to the subject lots) addressed the Council and • requested this item be continued for two weeks in order to give her an opportunity to review the packet of • information she just received from the City Attorney regarding the matter. Volume 40 - Page 30 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES c s o ti ti q O'f' 9q �G3 qG,P q9� �ql. c�F ROLL CAL G�` P January 27, 1986 INDEX In response to Council inquiry, the City Prop Acq/ Attorney stated he did not feel that a Cnry Vlg • two week delay would jeopardize the ultimate acquisition of the subject properties if that is the desire of the Council. Regarding some of the remarks made by Mr. Jeannette, he stated that he personally advised Mr. Jeannette prior to the December 9 Council meeting that there was a possibility of the City acquiring the subject properties sometime in the future, and did so out of courtesy to Mr. Jeannette. He has also been told that representatives of the City's Planning staff have had, as long as two or three months ago, discussions with Mr. Jeannette regarding the possibility of the City acquiring. the property. In addition, courtesy notices were sent to Mr. Gilchrist of the Gilsand Company advising of the December 9 meeting, as well as notification of this meeting. In conclusion, he stated that he felt Mr. Jackson, the Attorney for the Gilsand Company, would agree that if the City Council had denied his client's application for a Use Permit because of a possibility of acquiring the property, the City would be in court now over the decision of the City Council. otion x Motion was made to continue this item to February 10, 1986. Council Member Hart stated that she would like to have, prior to the next meeting, information that would show where the money is coming from to purchase the subject lots, and if there will be density increases to individual property owners. The City Attorney recognized Mr. Keefer in the audience, (owner of lot at 415 30th Street) and asked if he had any comments to make, to which he responded in the negative. Mr. Keefer indicated he would be in attendance on February 10, 1986. All Ayes The motion was voted on and carried. 3. Report from Public Works regarding NptBI /Chnl NEWPORT BOULEVARD CHANNEL BRIDGE, was Brdg • presented. (74) Volume 40 - Page 31 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s 9 q s << \<�\p F January 27, 1986 \CAL ROLL d o INDEX The City Manager outlined the above NptBI /Chnl report, referring to a December 17, 1985 Brdg letter from CalTrans, noting that the project to widen the street and the bridge over Lido Channel is programed for construction in the 1988 -89 fiscal year; however, CalTrans understands the City may desire to reconstruct the bridge and approaches at a higher elevation. This was considered during the development of the project and CalTrans was not able to justify the additional $1,500,000 cost. In view of the uncertainty regarding the bridge, CalTrans feels a commitment is necessary by the City for the project. An alternative is a request by the City to replace the structure with a higher bridge and a funding commitment for the additional cost. In response to Council inquiry, the Public Works Director stated that if the project were revised to include the raising of the bridge, there would need to be some modification to the Environmental Document, and because of the complexities of procedures involved, he would estimate the project to be delayed two years beyond the current 1988 -89 scheduled program. Sandy Willford, 14 Balboa Coves, addressed the Council and spoke in support of raising and widening the bridge. He stated that a meeting was held in their community to discuss the feasibility of forming a Special Assessment District to assist in funding the raising of the bridge, which the residents voted unanimously to financially support the project. He stated that he contacted CalTrans and they have indicated they were willing to compromise if the City, and residents were to provide one -third each of the total cost to raise the bridge. In view of the foregoing, Mr. Willford asked that this item be continued for two weeks in order that he may work with the Public Works Director regarding the establishment of a Special Assessment District. • Tom Orlando, 15 Balboa Coves, addressed the Council in support of raising the bridge and endorsed the comments made by • Mr. Willford. Volume 40 - Page 32 CITY OF • COUNCIL MEMBERS 0 ®na i rei Gss ��9 �� y�A January 27, 1986 MINUTES fiNIT3R The following persons addressed the NptBl /Chnl Council in favor of widening the bridge. Brdg • They also indicated they were not opposed to raising the bridge. . Dayna Pettie, Vice President, Balboa Peninsula Point Association Charles Bauman, President, Balboa Improvement Association Pat Eichenhofer, 2128 E. Ocean Boulevard Chuck Hirsch, Member, Newport Harbor Area Chamber of Commerce and former Member of Citizens Transportation Committee Eugene E. Koch, Member, Newport Harbor Area Chamber of Commerce In response to Council inquiry, the Public Works Director stated that he had contacted CalTrans and members of the Orange County Transportation Commission staff since Mr. Willford and the property owners have advanced the possibility of a cost- sharing proposal, and the response he obtained was generally positive, but in both cases they were extremely cautious about the funding process. He also pointed out that there would be additional costs beyond raising the bridge, and discussed the funding package Option A -1 as shown in the staff report. Motion x Motion was made to continue this item to All Ayes February 24, 1986. The staff was directed to contact CalTrans and advise them of the foregoing action. J. CURRENT BUSINESS: 1. Report from Parks, Beaches and WNptPrkDvlp Recreation Director regarding (62) PRELIMINARY PLAN FOR WEST NEWPORT PARK DEVELOPMENT, was presented. The City Clerk advised that after the agenda was printed, a petition was received from residents in the West Newport Beach area expressing support of the preliminary plan, with some of the • residents indicating concern over the location of the proposed restroom. Volume 40 - Page 33 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gds January 27, 1986 MINUTES II bI3FA The City Manager outlined the subject WNptPrkDvlp report and noted that the estimated cost • for construction is $445,000 which includes all landscaping, walkways, tot lots, basketball court, and irrigation . and design fees. Funds available are $295,000 in the current budget and an additional appropriation has been requested for fiscal year 86 -87 to complete the project. This utilizes the $95,000 appropriated for parking in the current budget. With regard to the proposed restroom, it was pointed out that the current budget does not provide for this facility and it would have to be funded from the City's public restroom program at an estimated cost of $125,000. Pertaining to maintenance costs, it was noted that the development of six acres will require an operating budget increase of $15,000 annually. This cost will be considered in the normal budget process as development occurs. The following persons addressed the Council in favor of the preliminary plan, but expressed opposition to the proposal to provide 30 public parking spaces on Seashore: Todd Schooler, 7400 W. Ocean Front, representing West Newport Homeowners Association Walter S. Semenick, 6807 Seashore Drive Tom Christensen, 6507 Seashore Drive Alex Page, 6903 Seashore Drive Richard Babineau, 6511 Seashore Drive Peter Gladys, 6209 Seashore Drive Roberta L. Carothers, 6500 W. Ocean Front Alvin J. Feldman, 6501 Seashore Drive It was indicated by the above speakers that if angle parking were included in the plan, the parking spaces would be utilized by beachgoers, rather than residents, and that it would also only • add to the already traffic congested area. Volume 40 - Page 34 ill i I CITY OF NEWPORT BEACH COUNCIL MEMBERS C+ ROLL CAL • Motion 401 Ayes Motion All Ayes Motion All Ayes MINUTES January 27, 1986 INDEX MptPrkDvlp Quality Life /CAC Youth Cncl (24) Sterling Wolfe, 6204 West Ocean Front, W Chairman of the Parks, Beaches and Recreation Commission, and resident of West Newport, addressed the Council and speaking on behalf of the Commission, stated that there is a definite need for a restroom somewhere in the park. Representing himself as an individual, he felt that parking would not serve any real purpose as it will only be a neighborhood park and used primarily by the residents in the immediate area. x Following consideration, motion was made to approve the Preliminary Plan for West Newport Park as indicated on the schematic plan; authorize the staff to apply to the Coastal Commission for a development permit; and authorize staff to pursue with the County of Orange the possibility of acquiring or leasing the County -owned parcel adjacent to the Santa Ana River for recreational and parking purposes. At the request of Council Member Heather, and there being no objections, the motion included the request that the Parks, Beaches and Recreation Commission look into the feasibility of low level . lighting for the basketball court area. The motion was voted on and carried. K. ADDITIONAL BUSINESS: x 1. Motion was made to appoint Mayor Pro Tem Plummer as Council liaison to the Quality of Life Committee. x 2. Motion was made to adopt Resolution No. 86 -9 amending Resolution No. 86 -2, regarding the duties and responsibilities of the Youth Council. The City Council adjourned to closed session at 10:20 p.m. to review personnel matters. The meeting was reconvened at 10:50 p.m. with no further action taken, and immediately adjourned. a"AA Mayor ATTEST: 9 City Clerk Volume 40 - Page 35 INDEX MptPrkDvlp Quality Life /CAC Youth Cncl (24)