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Home My WebLink About11/10/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS �.o S� \'Pf REGU LAR COUNCIL MEETING t 9PLACE: Council Chambers TIME: 7:30 P.M. ROLL CAL P. DATE: November 10, 1986 MINUTES eunc v Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Ayes x x x x x x Meeting of October 27, 1986, was waived, Sain x approved as written, and ordered filed. on x Motion was made to reconsider and revise All Ayes Council Member Hart's motion made on item G -2 (Newport Pier /15th Street Restrooms) of the Minutes of October 13, 1986, to read as follows: "...that the staff proceed immediately with the design services agreement for the Fifteenth Street restroom, and that Boyle Engineering and Hill Partnership Design (architect for the Lifeguard Station at Newport Pier) develop an alternative design which would coordinate the new restroom with the remodeled Lifeguard Headquarters, and further, that the consultants be 'sensitive' to the needs of the residents and businesses in the area in their desire to retain the character of McFadden Square." on x C. The reading in full of all ordinances VAyes 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 Federal regarding the use of REVENUE SHARING Revenue Shrg FUND RESERVES to assist the Library (40) Automation project. Memorandum from the City Manager, was presented. The City Manager noted that during the study session of October 13, members of the Library Board briefed the City Council on the status of the Library Automation project. Following this review, the Council requested a budget amendment be prepared appropriating funds for the project. It was proposed that $126,440 be appropriated from the Federal Revenue Sharing Fund Reserves to assist in this $700,000 project. Volume 40 - Page 440 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0 s� \tpp�� '� ROLL CAL F9 y <9 November 10, 1986 MINUTES INDEX Karen Evarts, Chairperson of the Library Board of Trustees, addressed the Council and stated that the automation project is a culmination of eight years of work on the part of the Library Board and they are in unanimous support of the recommended appropriation of funds for the project. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve Budget BA -046 All Ayes Amendment No. 046 in the amount of Library $126,440 to provide funding for the Automation Library Automation Project. Prj E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on November 24, 1986: (a) Proposed ORDINANCE NO. 86 -28, Ord 86 -28 • being, Traffic (85) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE NO. 1400 TO DELETE CALIFORNIA VEHICLE CODE ENFORCEMENT FROM BIG CANYON DRIVE AND ALL STREETS CONNECTED TO IT, EXCEPT CANYON ISLAND DRIVE /SEA PINE LANE /SEA ISLAND DRIVE /PINE VALLEY LANE /PAUMA LANE AND EL DORADO LANE. (Report from Public Works- Traffic Engineering) (b) Proposed ORDINANCE NO. 86 -29, Ord 86 -29 being, Business/ Newsracks AN ORDINANCE OF THE CITY OF (27) NEWPORT BEACH AMENDING NEWSRACK ORDINANCE TO PROVIDE FOR MAXIMUM HEIGHT OF 48 INCHES WITH EXCEPTION OF A MAXIMUM HEIGHT OF 40 INCHES ON MARINE AVENUE. (Report from Public Works - Traffic Engineering) 2. RESOLUTIONS FOR ADOPTION: None. Volume 40 - Page 441 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL � November 10, 1986 MINUTES 11 \YGA 3. CONTRACTS /AGREEMENTS; (a) Modify existing Agreement with Four Marinapark Seasons Landscape Gardening Landscp/ (Contract No. 2607) to increase 4- Seasons monthly fee from $950 to $1,150. C -2607 (Report from the Executive (38) Assistant to the City Manager) (b) Authorize the Mayor and the City Opal /Amethy- Clerk to execute a Professional at Av /Strm Services Agreement with RMG Drains Engineering, Inc. for the design of C- 2584/2433 two storm drains for the Opal (38) Avenue Storm Drain (C -2433) and Amethyst Avenue Storm Drain (C- 2584). (Report from the Public Works Department) (c) Award Contract No. 2435 to Upr Npt Bay Gillespie Construction of Costa Bic /Egstrn Mesa for $1,028,280; and authorize Trail the Mayor and the City Clerk to C -2435 execute subject contract for Upper (38) Newport Bay Bicycle and Equestrian Trail. (Report from Public Works Department) (d) Award Contract No. 2615 to W. W. Npt /Balboa Stephenson Co., Inc., for the total Rpr price of $27,737; and authorize the C -2615 Mayor and the City Clerk to execute (38) subject contract for Newport and Balboa. Pier Repair. (Report from Public. Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To Mayor for endorsement, request 0/C TrspCmsr for support from Mayor Pro Tem Iry (61) Pickles, City of Anaheim, to serve as a member of the Orange County Transportation Commission. (b) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of correspondence from Central Newport Beach Community Association to Council Member Strauss regarding attendance by Council Candidates at their recent General Meeting. • Volume: 40 - Page 442 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL s� 0 3 ti ti v November 10, 1986 MINUTES ...,.,.. Iry NCA (b) Orange County League of Cities' 1986 -87 Officers, and October 9, 1986 General Meeting Minutes. (c) Local Agency Formation Commission • Preliminary Agenda dated November 5, 1986. (d) Southern California Edison Company Advice #746 -E /Proposal #1349 -E, to California Public Utilities Commission regarding filing changes In its electric tariff schedules. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Brian Cameron alleging personal Cameron injuries as a result of being arrested by Newport Beach Police Department on August 24, 1986. (b) Laura Gardner alleging personal Gardner injuries, etc., as a result of being hit by Volkswagen Rabbit driven by Robert David Vashaw on . September 8, 1986 at intersection of Prospect and Pacific Coast Highway, stating traffic signal for north and southbound traffic on Prospect is too short to allow persons to safely cross the long crosswalk. (c) Robert: and Audrey Greenfield Greenfield alleging damage to bathroom and family room as a result of flooding on October 12, 1986, at 1020 White Sails Way, caused by City tree roots. (d) Brian R. Hall alleging damage to Hall bicycle as a result of Police Officer backing into claimant out of driveway at Bayside Drive on July 1.9, 1986. (e) Mark C. Lerner alleging personal Lerner injuries, emotional distress, and slander by Newport Beach Police Department on July 13, 1986, at 1133 Balboa Boulevard. (f) Yawer Ali Mohammed alleging his Mohammed fishing pole was damaged when he went to pick it up at the Police Department in August, 1986. Volume: 40 - Page 443 COUNCIL MEMBERS \CAL ROLL G • • CITY OF NEWPORT BEACH n r November 10, 1986 MINUTES INDEX SO--CA.Gas Warf e Wood (36) (66) CDBG /HUD (87) (45) (g) Southern California Gas Company alleging City crew damaged gas main with backhoe on "I" Street and Balboa Boulevard at alley on October 9, 1986. (h) Brian Warfe alleging personal injuries while playing baseball at Corona del Mar High School on July 15, 1986. (i) Hollis B. Wood alleging personal injuries as a result of trip and fall over water meter plate at 611 Lido Park Drive on July 23, 1986. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Approve one Building Inspector I, Building Department. (b) Approve three Police Officers, Patrol. Division. (c) Approve one Police Clerk, Administrative Division. (d) Approve one Building Maintenance Man I„ Oasis - Senior Citizens Division. (e) Approve one Refuse Crew Worker, Refuse Division. 9. STAFF AND COMMISSION REPORTS - None. 10. PUBLIC HEARING SCHEDULING - November 24, 1986: (a) AMENDMENT TO 1986 -87 CDBG FUNDS APPLICATION (Report from Planning Department) 11. SUSTAIN THE OCTOBER 9, 1986 PLANNING COMMISSION RECOMMENDATIONS FOR THE FOLLOWING: (Report from the Planning Department) (A) PROPOSED GENERAL PLAN AMENDMENT 86 -3(A) AND LOCAL COASTAL PROGRAM, LAND USE PLAN AMENDMENT NO. 11(A) - Volume 40 - Page 444 INDEX SO--CA.Gas Warf e Wood (36) (66) CDBG /HUD (87) (45) COUNCIL MEMBERS \CAL 9G 9 tp ROLL • • • CITY OF NEWPORT BEACH F November 10, 1986 MINUTES INDEX siltg sin /Big nyn Rsrvr 2553 8) Lightg vran PHII 2549 .-m 8) m Drn P`MS 2546 8) Initiate an amendment to the Land Use Element of the General Plan and the Local Coastal Program, Land Use Plan, so as to redesignate property located at 1550 BAYSIDE DRIVE, CORONA DEL MAR, from "Low- Density Residential" to "Administrative, Professional, and Financial Commercial;" (B) PROPOSED GENERAL PLAN AMENDMENT 86 -3(B) - Initiate an amendment to the Land Use Element of the General Plan to permit additional commercial /office development in BLOCK 800 IN NEWPORT CENTER (PACIFIC MUTUAL BUILDING); (C) PROPOSED AMENDMENT TO THE LOCAL COASTAL PROGRAM, LAND USE PLAN AMENDMENT NO. 11(B) - Initiate an amendment to the Local Coastal Program, Land Use Plan, so as to add language to permit the use of CITYWIDE LOTS IN THE COASTAL ZONE, designated for residential uses adjacent to commercial districts, for parking lots to support the commercial development upon approval of a use permit in each case; and (D) PROPOSED GENERAL PLAN AMENDMENT 86 -3(C) - Initiate an amendment to the Land Use Element of the General Plan so as to establish development intensities for the CALTRANS EAST /HOAG HOSPITAL SITE. 12. DESILTING BASIN MODIFICATION AND De CONTRACTOR'S STORAGE YARD AT BIG CANYON Ba Ca RESERVOIR (C -2553) - Accept the work; and authorize the City Clerk to file a C- Notice of Completion and release the (3 bonds 35 days after recordation. (Report from Public Works Department) 13. STREET LIGHTING CONVERSION, PHASE II St (C -2549) - Accept the work; and Cn authorize the City Clerk to file a C- Notice of Completion and release the (3 bonds 35 days after recordation. (Report from Public Works Department) 14. STORM DRAIN IMPROVEMENTS (C -2546) - St Accept the work; and authorize the City Im Clerk to file a Notice of Completion and release the, bonds 35 days after C- (3 recordation. (Report from Public Works Department) Volume. 40 - Page 445 siltg sin /Big nyn Rsrvr 2553 8) Lightg vran PHII 2549 .-m 8) m Drn P`MS 2546 8) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL November 10, 1986 MINUTES ,a.^ry 15. RESUBDIVISION NO. 826 ENCROACHMENT Resub 826 AGREEMENT -• Approve the encroachment Encroachm agreement; and authorize the Mayor and (84) the City Clerk to execute subject agreement (to be recorded with the • Orange County Recorder). (Report from Public Works Department) 16. USE PERMIT NO. 3122 - Approve issuance U/P 3122 of an encroachment permit (subject to Encroachm conditions listed in the staff report) (88) and Use Permit Agreement guaranteeing completion of the public improvements required with Use Permit 3122 and authorize the Mayor and the City Clerk to execute the agreement (Lots 1, 2, 3, 7, 8, 9, 10, 11, 12, and a portion of Lot 4, an unnumbered lot and a portion of a public alley proposed to be vacated, all in Block 3 of the Balboa Bayside Tract; Lots 22 and 23, Block A of the Bayside Tract, and a portion of vacated Edgewater Place, located at 309 Palm Street, on the northerly side of Bay Avenue between Palm Street and Adams Street in Central Balboa). (Report from Public Works Department) 17. ENCROACHMENT AGREEMENT FOR SIDEWALK AND Tract 12212 • FENCE IMPROVEMENTS ON PELICAN COURT (LOT 51 OF TRACT NO. 12212) - Approve an Encroachm encroachment agreement and declaration of co!Venants between landowners for fence and sidewalk improvements on Pelican Court; and authorize the Mayor and City Clerk to execute the agreement (to be recorded with the Orange County Recorder). (Report from Public Works Department) 18. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Council RECORD - Approve Council Member Hart's Expense expense record to attend League of (33) California Cities Meeting in Los Angeles from October 19 - 22, 1986, in the amount of $379.40. 19. SPECIAL EVENT APPLICATION NO. 86 -242 - Permit/ Uphold staff's recommendation to approve Spcl Evnt signage across City street for Lido 1186 -242 Marina Village at Via Oporto on November (65) 26, 1986 through January 5, 1987. (Report from Business License Supervisor) 20. BUDGET AMENDMENTS - For approval: (25) • BA -041, $2,000 - Increase in Budget Appropriations and Revenue Estimates for donation of Mr. R. Reiber for purchase of library books; Libraries Fund. Volume: 40 - Page 446 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL d� ,p 1i ti S 9 ROLL November 10, 1986 MINUTES i nov BA -042, $5,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for legislative advocate for Beach Liability • Legislation.; Nondepartmental Fund. BA -043, $2,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for City's participation in OCS Local Government Coordination Program; Utilities -Oil and Gas Fund. BA -044, $195,264 - Increase in Budget Appropriations for maintenance and operation items for Library Automation Project; Library Fund. BA -045, $377,896 - Increase in Budget Appropriations for hardware /software for Library Automation Project; Building Excise Tax Fund. BA -046, $126,440 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for hardware /software for Library Automation Project; Federal Revenue Sharing Fund. • BA -047, $50,000 - Decrease in Unappropriated Surplus for construction of Upper Newport Bay Bicycle and Equestrian Trail project (C -2435) [contributions from Orange County Harbors - $240,000 and Orange County Transportation Commission - $350,000]; General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Zeppa Restaurant, Inc., to PW /Zeppa review "Fair Share Contribution" in (74) connection with Use Permit No. 3200 and Variance No. 1130, was presented. The City Manager advised that he had received a telephone call late today from the applicant requesting that action on this item be deferred to November 24 due to illness, and in order that he may address the Council on this issue. Motion x Motion was made to defer the foregoing Ayes item to November 24, as requested. Volume 40 - Page 447 CITY OF NEWPORT BEACH COUNCIL MEMBERS cF t„ 1986 G \tptP�P 9 9 November 10, ROLL MINUTES INDEX H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 86 -27, being, Ord 86 -27 Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) • BEACH AMENDING CHAPTER 20.63, THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC AREA PLAN MAP, AND AMENDING PORTIONS OF DISTRICTING MAP 8 RECLASSIFYING SAID PROPERTY FROM SP -6 (R -2) to SP -6 AND ESTABLISHING A SIDE YARD AND FRONT YARD SETBACK REQUIREMENT (PLANNING COMMISSION AMENDMENT NO. 639), PCA 639 was presented for second reading with report dated October 27, 1986, from the Planning Department. Motion x Motion was made to adopt Ordinance No. All Ayes 86 -27. I. CONTINUED BUSINESS: 1. Reports from Public Works Permit/ Department dated October 27, 1986 Encroachm regarding APPLICATION TO CONSTRUCT A Canal St FENCE AND GATE ACROSS PUBLIC (65) RIGHT -OF -WAY BETWEEN #1 CANAL CIRCLE AND 447 CANAL STREET, AND November 10, 1986, REGARDING STATUS OF RIGHT -OF -WAY PARCEL • EASTERLY OF CANAL STREET AND 62ND STREET, AS REQUESTED BY MAYOR PRO TEM PLUMMER, were presented. The City Manager summarized the subject report, noting that on August 25, 1986, the Council considered a letter from Pete Compton, #1 Canal Circle, appealing from a denial by the staff of an application for a permit for a six -foot high fence and gate that had been constructed across a 20 -foot wide public right -of -way located between #1 Canal Circle and 447 Canal Street in Newport Shores. At that time, the Council deferred the matter until October 27, 1986, to permit the staff to report back with alternatives, and to research the status of a similar 20 -foot wide right -of -way located northerly of and adjacent to 492 62nd Street. It was pointed out that both parcels were dedicated to the public and accepted as public streets by the map of • Tract 772, filed in 1925. Both parcels are unimproved except for public storm drains. Both parcels have been fenced off. The status of the parcel adjacent Volume 40 - Page 448 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL November 10, 1986 MINUTES IIYVGA to 492 62nd Street is clouded by the Permit/ fact that in 1959 -60, the Planning Canal St Commission approved Resubdivision 115 which, among other things, purported to combine the northerly portion of Lots 14 • and 15, Block 22, Tract 772 with the 20 -foot wide public right -of -way adjacent northerly, into one parcel "Y." The resubdivision was never recorded with the County Recorder, and no street vacation procedure was used. The 20 -foot wide parcel adjacent to the northerly side of 492 62nd Street is a public street that has never been vacated. No permit can be found for the fence across the easement. Mayor Pro 'rem Plummer inquired that inasmuch as the property owner of the parcel adjacent to 492 62nd Street has never acquired an encroachment permit, would said property owner be required to do so at this time? The Public Works Director responded by stating that it would be considered an "encroachment of long - standing," and if it is brought to the City's attention, the staff will attempt to notify the property owner. He pointed out that it might be difficult to locate • the property owner who originally constructed the fence, since it was erected in 1959. He stated it is also the staff's belief that the fence now is maintained and used by adjacent private property to the south, and not by Newport Shores Community Association. Motion x Following comments, motion was made to approve the application, subject to a Coastal Development Permit from the California Coastal Commission and an Agreement for Nonstandard Improvements, with the condition that the fence and gate across the public right -of -way be painted and maintained to the satisfaction of the City. Council Member Hart asked if the affected homeowners association was notified of this issue, and if they have shown any interest in the parcel abutting the clubhouse? Mayor Pro Tem Plummer responded by stating that the homeowners association was aware of the City investigating the parcel adjacent to the Compton house, and as indicated in their letter, only 3 members out of approximately 40 had Volume 40 - Page 449 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL Get 9 y�� November 10, 1986 MINUTES 1 \.AP V I1rVG^ some reservations, but were not strongly opposed to the issue. She stated she did not think the homeowners association was aware of the easement adjacent to the northerly side of 492 62nd Street. Ayes The motion was voted on and carried. J. CURRENT BUSINESS: 1. Report from Public Works regarding Permit/ APPLICATION TO CONSTRUCT BRICK PLANTER Encroachm IN THE PUBLIC RIGHT -OF -WAY AT 208 VIA Via Koron KORON, was presented. (65) It was noted that the applicant has requested permission to construct a 30 -inch high brick planter, which encroaches 2 -feet into the public right -of -way, and would be constructed between the back of the sidewalk and the house. The subject property is located on Lido Isle in an area where there are many existing encroachments. Motion x Motion was made to approve the subject All Ayes application. 2. Report from Public Works regarding Permit/ • APPLICATION TO CONSTRUCT A 6 -FOOT -HIGH BRICK WALL IN THE PUBLIC RIGHT -OF -WAY AT Encroachm Miramar 2100 MIRAMAR DRIVE, was presented. 65) It was pointed out that the applicant has requested permission to construct a six -foot high brick wall encroaching one -foot into the public right -of -way along the easterly side of "M" Street between Miramar Drive and the alley. The applicant's property is located on the Balboa Peninsula Point on the northeast corner of "M" Street and Miramar Drive with Miramar being a one -way street going from west to east. There are a number of similar walls in the area, with some of the existing walls being located on private property, and some located in the one -foot strip of street right -of -way between the back of the sidewalk and the property line. Peggy LeGrandeur, applicant, addressed the Council and distributed photographs of similar encroachments in the immediate area. on x Motion was made to approve the subject Ayes application. Volume 40 - Page 450 CITY OF NEWPORT BEACH COUNCIL MEMBERS o tp ROLL m� F Fp y�9 November 10, 1986 MINUTES IM T m vcn 3. Report from City Attorney regarding Election/ TRAFFIC MANAGEMENT INITIATIVE PETITION, Trfc Mgm was presented. Initiative Petition The City Attorney summarized his report, (39) • advising that the County Registrar of Voters, following their examination of the subject petitions, certified the results as of October 31, 1986, as follows: Number of signatures verified - 8,242; Number of signatures found "sufficient" - 6,725; Number of signatures found "not sufficient" - 1,517; and Number of duplicate signatures found "not sufficient" because of being duplicate signatures - 740. The City Attorney stated that according to the County Registrar, there were 45,403 registered voters in the City as of the date the Notice of Intent to Circulate the Petition was published. • This is the date used to determine if the petition had obtained sufficient signatures to qualify for the ballot. The petition fell 85 signatures short of the 15% required for submittal at a special election. It was further noted, however, that the Traffic Management Initiative Petition had been signed by more than 10% of the voters and, according to Section 4011 of the Elections Code, qualified either for adoption by the City Council or submittal to the voters at the next regular municipal election occurring not less than 88 days after the order of the Council. In view of the foregoing, it was recommended that the City Council introduce for adoption the subject Initiative Ordinance; or schedule said Initiative Ordinance for November 8, 1988 Regular Municipal Election. Discussion ensued, wherein it was noted that there may be conditions, such as • the submittal of another petition, which could require the City Council to schedule this election earlier than November 8, 1988. It was also pointed Volume 40 - Page 451 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLL 9 . C G 9G y9.' F9.� CAF G Motion All Ayes Motion Ayes Noes Motion All Ayes • • MINUTES November 10, 1986 INDEX IU /P 3238 JU /P 3235 out that the City Council, pursuant to provisions set forth in the Elections Code, must act on the Initiative Ordinance at this time, inasmuch as the results have been certified to the Council. The Council was further advised that a June primary election, or a November school board election, are not considered regular municipal elections, and therefore, the subject Initiative Ordinance could not be scheduled for either of those dates. x Following consideration, motion was made to schedule the Initiative Ordinance for the November 8, 1988 Regular Municipal Election. K. ADDITIONAL BUSINESS: x 1. Motion was made to schedule public x x x x x hearing for December 8, 1986, on Use x x Permit No. 3238 on property located at 2727 Newport Boulevard (Cannery Village /McFadden Square Specific Plan Area). x 2. Motion was made to schedule public hearing for December 8, 1986, on Use Permit No. 3235 on property located at 3025 East Coast Highway (take -out restaurant /Lloyd Flodin). Meeting adjourned at 8:15 p.m, to Wednesday, November 19, 1986, at 4:00 p.m., for seating of newly elected Council Members and election of Mayor and Mayor Pro Tem. 0 ATTEST: PO City Clerk > Qmw Volume 40 - Page 452 INDEX IU /P 3238 JU /P 3235