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HomeMy WebLinkAbout09/08/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS \,-f, y REGULAR COUNCIL MEETING 9PLACE: Council Chambers O TIME: 7:30 P.M. ROLL DATE: September 8, 1986 MINUTES II: iDIZV Presentation of Annual Award to the City of Newport Beach for Pedestrian Safety by 0. E. Schroeder of the Automobile Club of Southern California. leent x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the All Ayes Meeting of August 25, 1986, was waived, approved as written, and ordered filed. Motion 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 /P 3216 & and City Council review of an appeal by Resub 745 BLAKE PROPERTIES II, INC., and POINT Feldner PROPERTIES I, INC., Newport Beach, from 311 Carntn the approval of the Planning Commission (88/84) on July 24, 1986, of USE PERMIT NO. 3216 AND RESUBDIVISION NO. 745, requests of WILLIAM FELDNER, Orange, to permit the construction of a four unit residential condominium project located at 311 Carnation Avenue, Corona del Mar; zoned R -3. The project also includes a request to allow a portion of the development to exceed the 24 foot basic height limit on the front one -half of the lot in the 24/28 Foot Height Limitation District, and to exceed the 28 foot basic height limit on the rear one -half of the lot in the 28/32 Foot Height Limitation District. Report from the Planning Department was presented. Appeal applications from Blake Properties: II, Inc., and Point Properties 1, Inc., were presented. The City Manager summarized the staff report noting that with regard to site access, at the Planning Commission meeting of July 24, 1986, the attorney for the property owner filing the subject appeal indicated it was his belief that the applicant might have no legal right of access to the site from the abandoned Carnation Avenue • right -of -way. Issues relating to easement rights in this area are quite complex, and extensive time in a court of law could be required to resolve Volume 40 - Page 371 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \kp\��p BOLL �P September 8, 1986 MI NUTES INDEX these issues. In order to facilitate U/P 3216 & matters, the property owners at 301 and Resub 745 307 Carnation Avenue have agreed to allow the applicant to take access over an easement across their properties. • Appropriate legal documents will be filed to ensure availability of the easement. Michael B. Wilmar, Attorney for the appellants, 650 Town Center Drive, Costa Mesa, addressed the Council and presented a letter dated this date, together with documentation in support of their appeal. He stated that his clients own the structure formerly known as the "Corona del Mar Hotel," which is across and down the street from the proposed development. He stated that, although the hotel itself has fallen on hard times in recent years, his clients desire to see it restored and to have it formally recognized as a historical landmark. }le stated that just recently they opposed a development at 307 Carnation Avenue, and that if the proposed project at 311 Carnation Avenue is approved, they will have no choice but to pursue the matter in court. Mr. Wilmar stated that the inconsistency • of the development with the City's General Plan and Land Use Plan, the lack of adequate environmental documentation, the absence of documented access, and the lack of authority to grant exceptions to otherwise applicable height limits, all indicate that the City Council should deny the requested use permit and refuse to extend the resubdivision. In conclusion, Mr. Wilmar urged the City Council to visit the site in question and look at the access problems that exist, prior to taking any action. Curtis Crook, owner of 307 Carnation Avenue, addressed the Council and stated that he has resided at the given address for 10 years, and that the map displayed by the appellants is incorrect and "misrepresents what Carnation Avenue actually looks like." Discussion ensued, wherein the City Manager stated that prior to the issuance of any building permit, adequate ingress and egress will be required, and if there is a dispute legally whether the applicant has such Volume: 40 — Page 372 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -0ROLL Gtr y�9 September 8, 19815 MINUTES Minc V access or not, the necessary easements U/P 3216 & will be required and will be determined Resub 745 by staff as to their legitimacy and adequacy. • Robert Blake, 1550 Bayside Drive, one of the appellants, addressed the Council and stated that the map referred to by Mr. Crook is accurate. He distributed photographs of the area in question which depicted access to the site in question, and stated that, in his opinion, the.street is too narrow should the Fire Department. need access for emergency purposes. He urged the Council to view the site prior to taking action this evening, and also stated that they are prepared to take this matter to court, if approved. Mr. Crook, 307 Carnation Avenue, appeared again with a sketch of the street (Carnation Avenue) which he stated he had drawn, and felt more accurately reflected the area. Discussion continued, wherein the City Manager stated that when development plans are submitted, they are reviewed by the Planning, Building and Fire Departments for fire concern. It has been represented by staff that 301 and 307 Carnation Avenue owners have agreed to allow adequate access and they will provide the appropriate legal documents at the time the various development plans are submitted to the City, and if the issue of access appears to be a concern of the City Council, a condition could be added that ingress and egress . and fire access must be provided to the satisfaction of the Fire Chief. Jim Reed, Fire Chief, addressed the Council and stated that the standard width for fire access is 20 feet; however, in most of Corona del Mar, they are limited and restricted to 14 feet because of parking on both sides of the streets, so that 14 feet would be an adequate and satisfactory width to serve the area in question. Richard Nichols, 519 Iris Avenue, addressed the Council and stated he felt • the subject property was a "bluff top" parcel, that the proposed structure is too massive and will block views, and would not be good for the community. He also expressed his opposition to using tandem parking in Corona del Mar. Volume 40 — Page 373 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL_ GAS yF9 September 8, 1985 MINUTES II 'It L13 J In response to Council inquiry regarding U/P 3216 & the use of tandem parking for Corona del Resub 745 Mar, the Planning Director stated that since much of the property in question is on a slope, using tandem parking spaces is a very effective way of • providing two parking spaces per dwelling unit. He also stated that the three projects that have been considered by the Planning Commission on his street, have proposed to use tandem parking. David Diem, 100 Newport Center Drive, one of the appellants, addressed the Council in support of their appeal. He stated that rather than risk litigation on this issue because of access /easement disputes, he would suggest that the Council table this item for 30 days and allow him to meet with the developer of the proposed project, and Mr. Blake, and Mr. Wilmar, in hopes of resolving the issues "quietly." In response: to Council inquiry regarding the historical status of Mr. Blake's property, Mr. Diem replied that currently historians are doing extensive research, which is the first step in acquiring a historical status. • A letter was handed to the City Clerk for the record, (no name given) dated August 22, 1986, written by Attorney Michael B. Wilmar to the owners of 311 Carnation Avenue, (the subject property) stating that Blake Properties II, Inc., was prepared to negotiate with said owners to purchase 311 Carnation Avenue for the purposes of constructing a four -unit condominium project. Mr. Wilmar addressed the Council again and spoke to the issue of the above - referenced letter. He stated the letter was written in an effort to resolve some of the issues that have been raised before the Council this evening 1m terms settling possible litigation. that could ensue, and was an offer to buy out the existing property owners. Mr. Blake addressed the Council again and stated that it was their intent in submitting the subject letter to the • property owners, to try and purchase the property and arrange a type of development that would be more suitable to the local area and safer than what is currently being planned. Volume 40 - Page 374 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL G September 8, 1986 MINUTES INDEX !lotion x Following discussion, motion was made to All Ayes sustain the decision of the Planning Commission, with an added condition to read: "Prior to recordation of the parcel map, applicant shall demonstrate proof of adequate access from a public street to the site to the satisfaction of the City Engineer and the Fire Chief." E. PUBLIC COMMENTS: 1. Ken Adams, Charter Skipper, 18071 Com'1 Mammoth Court, Fountain Valley, Activities addressed the Council and submitted a Permits petition with 80 signatures, requesting that enforcement of Section 17.41.020, Permit for Commercial Activities on the Water Required, be held in abeyance for a period of six months to allow the businesses in question and the undersigned interested parties to achieve compliance with the requirements of the Code, and to resolve such outstanding issues as may exist between the vessels and the City. Mr. Norm Ca.tton, 1221 Coast Highway, Petition addressed the Council and requested the (51) • foregoing petition be made a part of the record. He also asked those in attendance on this item to stand and be counted. The Mayor invited Messrs. Adams and Catton to contact his office regarding a meeting with the Tidelands Affairs Committee to discuss their concerns further. 2. James Reagan, resident of Newport Skateboardg Island, addressed the Council regarding the newly ,adopted regulations prohibiting skateboarding in the Balboa area, and expressed his opposition. The Mayor explained to Mr. Reagan that one of the reasons for imposing the regulations was that many of the buildings in the business area were being badly damaged by skateboards. Following discussion, it was noted that there would be a report back to the Council for the October 13th meeting, to which Mr. Reagan was invited, regarding . the prohibition of skateboards in the Newport Pier area, and the feasibility of locating a site for a skateboard park. Volume 40 — Page 375 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL9 `GSi 9G,p 99� �9� c�F Gss �Fp F9 Z�9 September 8, 1986 MINUTES INDEX 3. Phil Sansone, 215 Marguerite Avenue, Bayside Dr addressed the Council regarding the two Parking City -owned parking lots on Bayside Lots Drive. He requested the Council reconsider their action with regard to • planned improvements for the lots, as he felt that they do need some type of beautification. He also requested that the lots be lighted, and that time -limit parking (one hour) be enacted for the six parking spaces that parallel Marguerite Avenue. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -76 authorizing Pedestrian/ the submittal of an application to Bikewy Fac/ the Orange County Transportation OCTC /SCAG Commission (OCTC) and the Southern Res 86 -76 California Association of (74) Governments (SCAG) for the construction of pedestrian and • bikewa.y facilities in Newport Beach; and also authorizing the City Manager or his designated representative to make the application and act as the City contact person. (Report from Public. Works - 1986 -87 Senate Bill 821 Funding Program) (b) Resolution No. 86 -77 amending Mariners Mi Resolution No. 85 -89 extending the SAP /Cncl term of the Mariners Mile Specific Ad Hoc Cmte Area Plan City Council Ad Hoc Res 86 -77 Committee to December 31, 1986. (Y4) (c) Resolution No. 86 -78 approving Anxtn 1191 Upper Newport Bay Annexation No. Upr Npt Bay 91. (Report from the Executive Res 86 -78 Assistant) (d) Resolution No. 86 -79 approving the Irvine /ICAA participation of the City of Irvine Res 86 -79 in the Inter - County Airport (54/61) Authority. (Report from the •Executive Assistant) Volume 40 - Page 376 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -0 CROLL September 8, 1986 MINUTES INDEX (e) Resolution No. 86 -80 in opposition California to the Gann Initiative, League (Proposition 61) which will appear Cities /Gann on the November 1986 General Prop 61 Election ballot. Res 86 -80 • (61) Note: After agenda was printed Special Bulletin #3 was received from the California League of Cities regarding the Gann Initiative. (f) Resolution No. 86 -81 for PW /SA Rvr ratification of the City of Buena Fld P /Agcy Park's request for membership in Res 86 -81 the Santa Ana River Flood (74) Protection Agency. (Letter from Santa Ana River Flood Protection Agency attached w /resolution) 3. CONTRACTS /A.GRF.EMENTS: (a) Award Contract No. 2567 to FAV Harbor St/ Engineering for the total price of End Imprvm $35,555 for Harbor Street End Fernando /Alv Improvement Program, Fernando C -2567 Street and Alvarado Street; and (38) authorize the Mayor and the City Clerk to execute subject contract. (Report from Public Works) • (b) Authorize the Mayor and the City Alarms/ Clerk to execute a contract with Penalties Transworld Systems, Inc. for C -2616 collection of past due false alarm (38) penalties. (Report from Assistant City Attorney) 4. COMMUNICATIONS - For referral as indicated: (a) To the City Manager for reply, Ping /Var# letter from Randall E. Presley 1134 regarding rights of property owners China House (the "China House "). (68/91) (b) Removed from the Consent Calendar. (c) To Traffic Engineering for reply. Traffic/ letter from Bonnie M. Rawlings Skatebdg regarding alleged skateboarding (85) violations on 18th and West Ocean Front;; and for inclusion in the records, letter from Karen Kilstrom In support of limiting skateboarding and bicycling in • congested pedestrian areas of the City. Volume 40 - Page 377 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLLy `�3 9GP 99� �9r c�F September 8, 1986 MINUTES INDEX (d) To Planning Department for U/P 3218/ inclusion in the records, Letters 309 Marguit from L. K. Hemyer and Corona del (88) Mar Community Association opposing Use Permit 113218, (Bed and Breakfast on 309 Marguerite Avenue in Corona del Mar) to be listed on the September 4, 1986 Planning Commission agenda. Note: After agenda printed, letter received from H. A. Anderson requesting denial of subject use permit. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Nancy K. Abrams alleging property Abrams damage as a result of sewer backup at Seashore Drive and 56th Street on August 10, 1986. (b) Allstate Insurance Company for Allstate/ Patricia Frobes alleging she was Frobes • rear -ended by City vehicle on August 5, 1986 at Jamboree and Pacific Coast Highway. (c) Jeremy Aloe by Linda Aloe (Mother) Aloe alleging injuries as a result of falling from card catalog at the Balboa Branch Library on August 5, 1986. (d) W. K. Chillott alleging neck, Chillott shoulder injuries and damage to vehicle as a result of being rear -ended by City vehicle on August: 1, 1986 at Newport Freeway - Route 55. (e) Johannes Dembinski alleging Dembinski motorcycle impounded in error on August 9, 1986, at Pacific Coast Highway and Newport Boulevard, seeking reimbursement of impound fee. (f) Georgia Lucas alleging damage to ucas • vehicle as well as towing fee as a result of work being done in the area of Seashore Drive and Oceanfront by J. R. Lehigh Construction on July 10, 1986. Volume 40 - Page 378 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\%P ROLL September 8, 1986 MINUTES INDEX (g) Gary L. Ruzicka seeking Ruzicka reimbursement of loss of wages and medical fees alleging personal injuries as a result of stepping on a broken -off City sign post that • was under the surface of the sand at 55th Place and W. Oceanfront on May 21, 1986. (h) Justin. Stanley alleging City refuse Stanley truck damaged claimant's vehicle while legally parked at 322 Anade Street on August 19, 1986. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Groundsworker II, Parks Division. (b) Approve one Police Officer, Patrol Division. 9. STAFF AND COMMISSION REPORTS: • For Council information and approval: (a) Removed from the Consent Calendar. (b) Report from Executive Assistant Traffic/ recommending denial of appeal by Bay & Wash Walter Wilson regarding Traffic Loading Zn Affairs Committee action and (85) loading zone designation on Bay and Washington Streets. (c) Report from Executive Assistant Parking/ regarding parking on 20th Street. 20th St (63) (d) Proposed adoption of new City Council Policy T -1, ART IN PUBLIC Cncl Policy PLACES. T -1 - (69) For Council information and filing: (e) Copy of letter from Public Works PW /19th & regarding street improvements in 20th St Impv the vicinity of 19th and 20th (74) Streets, and Balboa Boulevard. • 10. PUBLIC HEARING SCHEDULING: None. 11. Removed from the Consent Calendar. Volume 40 - Page 379 CITY OF NEWPORT BEACH COUNCIL MEMBERS c+ s o s s v oni 1 PAI Gs1 ��9 �� yip September 8, 1986 MINUTES INDEX 12. TRACT NO. 11785 - Accept public Tract 11785 improvements constructed in conjunction with Tract No. 11785 by J. M. Peters Company (a portion of Tentative Tract No. 10391, generally bounded by Bison Avenue, Jasmine Road, Ford Road and MacArthur Boulevard, in the Aeronutronic Ford Planned Community); and authorize the City Clerk to release the following: 1) Faithful. Performance Bond (No. 9098. 64S); and 2.) Monumentation Bond (No. 103861 filed with Tract 11377); and 3) Labor and Material Bond (No. 9098645) in six months provided no claims filed. 13. Removed from the Consent Calendar. 14. BUDGET AMENDMENTS - For approval: (25) BA -014 - $1,670 Increase in Budget Appropriations to provide for purchase of cellular telephone to be utilized for undercover investigations by the Police Department;; General Fund. BA -015 - $57,040 Decrease in Unappropriated Surplus and Increase in Budget Appropriations to provide for Special Referendum Election on November 25, 1986; General Fund. • BA -016 - Removed from the Consent Calendar. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Public Works Permit/ Department regarding PERMIT FOR Encroachm IMPROVEMENTS AT 418 SANTA ANA AVENUE, (65) NEWPORT BEACH, constructed by Sture Davidsson was presented. The City Clerk reported that after the agenda was printed, a letter was received from the Newport Heights Community Association, advising that they had no objection to the applicant's plans to build a brick mailbox and a 3' high fence with pillars 8'6" from the curb. Motion x Motion was made to grant the subject All Ayes request.: Council Member Hart requested that the staff, when establishing a special category for encroachment permits in unusually wide parkways, that they not allow any encroachments closer than 8 feet from the curb. Volume 40 - Page 380 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL September 8, 1986 MINUTES irinv y 2. Report from Executive Assistant ICAA /ICA regarding germination of Operating Mgm Sery Agreement between the ICAA and ICA (54/61) Management Services, Inc., was presented. K on x Motion was made to substitute the word All Ayes "initiate" for the word "approve" in the recommended action, and to approve the action on the agenda. 3. BA -016 - $7,500 Decrease in BA -016 Unappropriated Surplus and Increase in (25) Budget Appropriations to provide for appraisal on the Shokrian property for Mariners Mile Parking lot; General Fund, was presented. Kotion x Motion was made to approve the subject All Ayes budget amendment to provide for appraisal on the property west of the Shokrian property, rather than the Shokrian property, as listed on the agenda. 4. Report from Public Works regarding Permit/ ENCROACHMENT PERMIT APPLICATION 186 -177 Encroachm recommending denial of Mr. and Mrs. (65) Masters' appeal of subject application for construction of a brick patio in front of their home at 140 Fernleaf, . China Cove was presented. Dee Dee Masters, 140 Fernleaf Avenue, applicant, addressed the Council and stated that in July she applied for an encroachment permit for a 6 ft. 6 in. brick patio to go in an existing area, which has always been planted with ivy. She feels the project will greatly improve the appearance of her home and will not adversely affect the view of other property owners. She stated that . other property owners immediately adjacent and across the street have similar patios, which abut the street or curb, and that no safety problems will result from the construction. Motion x Following discussion, motion was made to All Ayes approve the request, with the provision that should the City decide to construct a sidewalk in the subject right -of -way, the applicant shall then be required to remove said encroachment. Volume 40 - Page 381 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL -oROLL Gtr September 8, 1986 MINUTES r,r.13 J 5. Letter from Herb Whitley regarding dog PD /Animal problem in the vicinity of the old P.E. Control Right -of -Way, along Seashore Boulevard (70) from 52nd Street to the Santa Ana Jetty regarding alleged public violation of • NBMC Section 7.20.020 - Nuisances Committed by Animals, was presented. Motion x Following comments by Council Member 411 Ayes Agee with regard to unleashed dogs, and the need for stricter enforcement by the City's Animal Control, motion was made to refer the subject letter to the Police Department for reply. Council Member Plummer suggested that staff investigate the possibility of installing "dog potties" in the City. She stated that other cities have tried such a program and she would be interested in knowing its effectiveness; however, the Council took no action regarding this suggestion. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 86 -25, being, Ord 86 -25 Fire Dpt AN ORDINANCE OF THE CITY OF NEWPORT (41) BEACH AMENDING CHAPTER 2.12.050 OF THE NEWPORT BEACH MUNICIPAL CODE • PERTAINING TO THE FIRE DEPARTMENT, was presented for second reading, with report from. Fire Department, dated August 25, 1986. Kotion x Motion was made to adopt Ordinance No. All Ayes 86 -25. I. CONTINUED BUSINESS: 1. New request by DIMO CYCLING for Council permit /Spcl review and consideration regarding Event Special Event Permit Application 1186 -167 (65) [Orange County Classic Bicycle Ride on Sunday, September 21, 19861, was presented. Randy De Marco, 1623 W. Balboa Boulevard, applicant, addressed the Council and stated that the proposed event will not be a race, but a cycling tour with entrees ranging from ages 8 to 60 years old. He stated the course • passes through Newport Back Bay, U.C. Irvine, Turtle Rock, Laguna Niguel, Dana Point Harbor and then back to Newport Dunes for lunch. He stated there will Volume! 40 - Page 382 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL �r �� Fp September 8, 1986 MINUTES wnry be rest stops throughout the course, and no awards will be given. They expect 700 to 1000 participants. n x Following discussion, motion was made to Apli#86 -167 yes approve request for new time of Back Bay Dimo Cyclg Drive closure to auto traffic from 6:00 a.m. to 8:00 a.m. just for the start of the event. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: 4otion x 1. Motion was made to adopt Resolution No. PW /Swr Rpr kll Ayes 86 -82 declaring the immediate repair of Villa Wy/ a collapsed concrete sewer to be of Npt Bl urgent necessity and authorizing the Res 86 -82 work without advertising for bids. (74) 4otion x 2. Motion was made to adopt Resolution No. PD /CA H'wy all Ayes 86 -83 authorizing the City Manager to Patrol execute agreement between the City of C -2617 Newport Beach and the California Highway Res 86 -83 Patrol to attend post- training seminars. (38) Meeting adjourned at 9:30 p.m. aatl� Mayor Pro Te ATTEST: City Clerk P0 A o °m cq��FOR�`V. • Volume 40 - Page 383