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HomeMy WebLinkAbout11/09/1987 - Regular MeetingCOUNCIL MEMBERS n �\ AG\%\00 ani I eA Present x Ix ix x x Motion x All Ayes on IDAyes • X CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7 ^30 P.M. DATE: November 9, 1987 A. ROLL CALL„ B. Reading of the Minutes of Meeting of October 26. 1987, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding: GENERAL PLAN AMENDMENT 87 -1(C) - A request initiated by the City of Newport Beach to amend the LAND USE ELEMENT of the Newport Beach General Plan so as to allow an additional 69,500 sq. ft, of commercial. development in FASHION ISLAND, and the acceptance of an Environmental Document; GENERAL PLAN CONSISTENCY DETERMINATION - Determination of Consistency with the provisions of the General Plan so as to allow the transfer of 1350 committed theater seats from Civic Plaza and 350 committed theater seats from Block 300 to Fashion Island; AND PLANNING COMMISSION AMENDMENT NO. 632 (PROPOSED ORDINANCE NO. 87 -45) - Request to establish Planned Community District Regulations and adopt a Planned Community Development Plan for Fashion Island. The proposal also includes a request to amend portions of Districting Maps No. 48 and 49, so as to reclassify said property from the C -O -H District to the Planned Community District; WILD] GPA 87 -1(C) (45/94) PCA 632 (45/94) PLANNING COMMISSION AMENDMENT NO. 653 - PCA 653 Request to amend the Planned Community (45/94) Development Standards of the CIVIC PLAZA PLANNED COMMUNITY so as to delete the 20,000 sq. ft. of existing allowable theater development; /; �kl 11 Volume 41 - Page 423 COUNCIL MEMBERS • Motion All Ayes • Motion All Ayes on Ayes X X X CITY OF NEWPORT BEACH MINUTES November 9, 1987 TRAFFIC STUDY - Request to approve a traffic study so as to allow construction of 69,500 sq. ft, of commercial development in FASHION ISLAND. Report from the Planning Department, was presented. Letter from SPON regarding clarification of their position on the proposed Fashion Island Expansion, was presented. The City Clerk advised that after the agenda was printed, 23 letters were received from various individuals indicating their support of GPA 87 -1(C). The City Clerk further reported that her office received a letter from The Irvine Company on November 6, 1987, requesting this hearing be continued to November 23, 1987, to allow for further discussion and response to concerns raised by SPON. Motion was made to continue the public hearing on GPA 87 -1(C) to November 23, 1987, as requested. GPA 87 -1(C) 2. Mayor Cox opened the public hearing Jim's Towg regarding consideration of a CERTIFICATE (70) OF CONVENIENCE AND NECESSITY, pursuant to Newport Beach Municipal Code Section 5.13.060, FOR JIM'S TOWING, 935 West 18th Street, Costa Mesa. Report from Business License Supervisor, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to approve request, and grant Certificate of Convenience and Necessity to Jim's Towing. 3. Mayor Cox opened the public hearing regarding CONSTRUCTION OF CURBS, GUTTERS AND SIDEWALK ADJACENT TO 205 AND 206 ORANGE STREET. Report from Public Works Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to confirm the recommended assessments and direct staff to collect the assessments and allow Volume 41 - Page 424 205/206 Orng Crbs /Gtrs (74) COUNCIL MEMBERS " I'\ I Motion All Ayes Motion All Ayes • X x CITY OF NEWPORT BEACH MINUTES November 9, 1987 each property owner two years payback at an annual rate of interest of 8% on the unpaid balance. 4. Mayor Cox opened the public hearing 28th /29th regarding CONSTRUCTION OF ALLEY APPROACH Sts /Villa IN BLOCK 225, LANCASTER'S ADDITION (CITY Wy Alley BLOCK BOUNDED BY NEWPORT BOULEVARD, 29TH (74) STREET, VILLA WAY AND 28TH STREET). Report from Public Works Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to confirm the recommended assessments and direct the staff to collect assessments and that Clarence Staaf and Chien S. Wang be allowed three years payback at an annual interest rate of 8% on the unpaid balance, and Mary Ann Braun be allowed one year payback at an annual rate of 8% on the unpaid balance. E. PUBLIC COMMENTS: Sid Sofer, 900 Arbor Street, Costa Mesa, Dvlpm addressed the Council and discussed some Requiremts of his concerns regarding certain City requirements for development; and his desire that the public should have full Council packets at their disposal. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -156 summarily Vacation/ abandoning the unused portion of a Swr Esmt public service (sewer) easement Com Tract crossing Lot 21 of Block 736, Res 87 -156 Corona del Mar Tract; and directing (90) the City Clerk to record said resolution. (Report from Public Works Department) (b) Resolution No. 87 -157 modifying Cncl Cmts existing resolutions by respectively Res 87 -157 sunset:ting and extending (24) termination dates for various City Committees. Volume: 41 - Page 425 COUNCIL MEMBERS • is • CITY OF NEWPORT BEACH November 9, 1987 3 (c) Resolution No. 87 -158 amending Resolution No. 85 -71 of the provisions of Section 302 of the Personnel Policies of the City of Newport Beach pertaining to City personnel prohibiting discrimination and harassment. (Report from the City Attorney) (d) Resolution No. 87 -159 recommending approval be given to destroy Fire Department Records older than July 1, 19130. (Report from Fire Chief) CONTRACTS /AGREEMENTS: (a) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral as indicated: 5 6 MINUTES Prsnl Plcy Harsmt & Dscrmntn Res 87 -158 (66) Fire Dpt/ Rcds Dstrctn Res 87 -159' (41) (a) To Public Works Department for PW /Spygls response, letter of concern from Hal H1 Rd/ Riger opposing the proposal to extend Buck Gully Spyglass Hill Road through Buck (74) Gully., (b) To staff for approval, provided PB &R replacement tree is planted, (62) request from Christ Church By the Sea for removal of large Eucalyptus tree (roots of tree extend above the top of the curb six inches) in the front of the church house. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. CLAIMS FOR DAMAGES - For denial and I(36) confirmation of the City Clerk's referral to the claims adjuster: (a) John H. Algie alleging false IAlgie arrest:, assault and battery by Police: Department, etc., on July 13, 1987. (b) Edward and Josephine Campellone Campellone alleging negligence in construction, operation, maintenance, and control of intersection and intersection's controlling signals on Highway SR -1 and Newport Center Drive, resulting in the serious injury of Edward Campellone on July 17, 1987. (c) Farmers Insurance Group /Hollis (Farmers Ins. Clark alleging City flatbed truck Clark turned from right lane into left Volume 41 - Page 426 COUNCIL MEMI I\\ • CITY OF NEWPORT BEACH MINUTES November 9, 1987 (g) lane and then backed into the right Hochman lane and struck claimant's vehicle on San Joaquin Hills on September 2, 1987. (d) Eleanor L. Fessler alleging Fessler property damage to her vehicle as a result of impact from refuse truck on Jamboree and Pacific Coast Highway on October 12, 1987. (e) George Frost Company seeking George indemnity from claim filed by Brian Frost Co./ (h) Warfe for alleged personal injuries Warfe sustained at Corona del Mar High School on July 15, 1986. (f) David Haggerty alleging personal Haggerty injuries as a result of fall on sidewalk near Ferry at 119 Agate Avenue on August 1, 1987. (g) Gitta Mueller Hochman for personal Hochman injuries /property damage as a result of accident with another vehicle, alleging improper design of road and dangerous condition of intersection, including improper timing sequence for traffic lights, controlling said intersection on SR- 1(East Coast Highway) at intersection with Newport Center, on July 17, 1987. (h) Brian Laudenback alleging medical Laudenback bills, expenses and loss of earnings and wages, and earning capacity as a result of arrest on September 26, 1987, by Newport Beach Police at 700 E. Bay, Balboa (Balboa Saloon). (i) Viola Lyon seeking replacement or Lyon reimbursement, alleging Refuse crew picked up her trash can in error at alley behind 222 Orchid Avenue on October 15, 1987. (j) Vera A. McCollum alleging personal McCollum injuries as a result of fall on sidewalk near Ferry on Balboa on August 8, 1987. (k) Application to Present Late Claim McElgunn of John McElgunn alleging false arrest, malicious prosecution and civil rights violation sustained on August 12, 1986 (charges dismissed on March 18, 1987), in Paso Robles, California. o Volume 41 - Page 427 COUNCIL MEMBERS S ��'�y �`; X99 • • • CITY OF NEWPORT BEACH MINUTES November 9, 1987 (1) Martha N. Sullivan alleging I Sullivan property damage to vehicle driven by claimant's son, as a result of being hit from behind by City mower on Eastbluff Drive and Ford Road on October 5, 1987. (m) Denise West alleging property West damage, as a result of main sewage line at 610 Begonia Avenue blocked and caused sewage to back up, flooding her home, damaging carpeting, floors, etc. on October 29, 1987. (n) Jeanette Williams alleging personal Williams injuries as a result of slip and fall in restroom floor at Corona del Mar State Beach Restroom on October 5, 1987. (o) Marta Lyn Zielonko alleging Zielonko property damage as a result of City dump truck backing into claimant's vehicle at intersection of Jasmine and Pacific Coast Highway on August 27, 1987. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) "Notice of Hearing and Petition for Friend Relief: from Claim Requirement," for Robert: Friend, Orange County Superior Court Case No. 539057. City Council denied claim alleging personal injuries on September 28, 1987. (b) Dorothy Palmer for personal Palmer injuries, etc., Orange County Superior Court Case No. 53- 85 -61. Claim was denied by City Council on April 27, 1987. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Removed from the Consent Calendar. (b) One Emergency Equipment Dispatcher, Police Department. (c) One Executive Secretary, City Manager /Nondepartmental. (d) One Maintenance Worker I, General Services Department. (e) One Account Clerk, Finance Department. Volume 41 - Page 428 (66) COUNCIL MEMBERS •,,\��G��4P� t �Gdi 0 • • CITY OF NEWPORT BEACH MINUTES November 9, 1987 (f) One Utilities Specialist II, Utilities Department. (g) One Senior Emergency Equipment Dispatcher, Police Department. (h) One Police Officer, Police Department. (i) Three Refuse Worker I, General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City Attorney regarding the SPON LETTER IN CONJUNCTION WITH GPA 87 -1(C), dated October 15, 1987. (b) Report from Executive Assistant to the City Manager recommending approval and authorization for Mayor to sign and transmit letter regarding AIRPORT TRUST FUND. (c) Report from Parks, Beaches and Recreation Director for REQUEST TO WAIVE FACILITY FEES FOR OASIS MULTIPURPOSE ROOM FOR COMMUNITY ACTIVITY. (d) Report from the City Attorney regarding use of Hearing Officer for the DR. ELMER THONASSEN APPEAL. For Council information and filing: (e) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - November 23, 1987: (a) Public hearing pursuant to Section 5.12.040 of the Newport Beach Municipal Code, application for CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY for ASSOCIATED TRANSPORTATION SERVICE. (Memorandum from Business License Supervisor) GPA 87 -1(C) (45/94) Arprt Trst Fnd (54) Oasis (62) Thomassen/ Nuisance Appeal (41) Assoc Trnsp Srvc /Taxi (86) (b) Appeal of ERIC WELTON for VARIANCE lVariance 1142 from denial by Planning 1142 Appeal Commission on October 8, 1987, (91) regarding new residence at 2723 Ocean Boulevard to exceed 24'/28' height limit. Volume 41 - Page 429 COUNCIL MEMBERS S n\�4 '0, �� C * vG Motion All Ayes Motion All Ayes • Motion All Ayes 0 A on Ayes x x x x CITY OF NEWPORT BEACH MINUTES November 9, 1987 INDEX 11. Initiate GENERAL PLAN AMENDMENT 87 -3(C) GPA 87 -3(C) REGARDING DOWNCOAST AREA. (Report from (45) Executive Assistant to the City Manager). 12. BUDGET AMENDMENTS - For approval: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the City Manager regarding request to approve personnel vacancies, was presented. Motion was made to approve the report, with the deletion of one Administrative Clerk for Planning Department, which was previously approved on September 14, 1987. 2. Report to the City Manager regarding /P 3284/ ACTIONS TAKEN BY THE PLANNING COMMISSION 3296/3297 ON OCTOBER 22, 1987, was presented. (68) Motion was made to schedule public hearings for December 14, 1987, on Use Permit Nos„ 3284, 3296 and 3297, regarding Lido Plaza. 3. Report from Fire Chief, recommending Ambula approval of Agreements for Seal's and Seal's Schaefer Ambulance Companies to provide C -2676 Emergency Ambulance Transportation Schaef within the City of Newport Beach for the C -2677 next three years, was presented. (38) Motion was made to approve the subject agreements with the addition of the words "on duty" after the word "injured" in Exhibit A, and that the Mayor and City Clerk be authorized to execute said agreements.. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 87 -46, being, AN ORDINANCE OF THE CITY COUNCIL OF IFals THE CITY OF NEWPORT BEACH AMENDING JPnIt SECTION 5.49.070 OF THE NEWPORT (27) BEACH MUNICIPAL CODE PERTAINING TO FALSE ALARM PENALTY, was presented for second reading with report from Assistant City Attorney, dated October 26, 1987. Motion was made to adopt Ordinance No. 87 -46. Volume: 41 - Page 430 87 -46 Lic/ e Alrm COUNCIL MEME y C+ \ a�G�y�9GA G� CITY OF NEWPORT BEACH November 9, 1987 MINUTES PW /Lindo Ave Imprvms (74) I. CONTINUED BUSINESS: 1. Report from Public Works Department regarding STREET END AND IMPROVEMENTS ON LINDO AVENUE, was presented. Letter dated September 15, 1987, with signed petition from residents on Lindo Avenue, was presented. The City Clerk advised that after the agenda was printed, a letter was received from Tex Von Oppenheim, regarding the recent improvements on Lindo Street and Edgewater Walk. The City Manager displayed two photographs of the area in question, and pointed out the recent street end improvements, as well as the raised sidewalk and curb damaged by two eucalyptus tree roots. The Public Works Director summarized the three alternatives under consideration enumerated in the staff report, as follows: Alternate A - the cost to reconstruct the street end, restore two parking places, and remove the two eucalyptus trees is estimated at $26,000; Alternate B - Widening the • street to :full width, but not lengthening it, and removing one tree would cost $7,000; Alternate C - Widen the street to full width for additional length, remove one existing tree and save one existing tree is estimated to cost $13,000. Nan Von Oppenheim, 507 Edgewater Walk, addressed the Council and submitted a petition signed by 21 residents in the area in support of saving the two eucalyptus trees at the end of Lindo Avenue. She also submitted a photograph of the trees in question and a plot plan of the subject area. She indicated her support of the recent street end improvements and urged that the Council retain the plan as currently constructed. Tex Von Oppenheim, 507 Edgewater Walk, addressed the Council and referred to comments set forth in his letter of November 5;, 1987. He emphasized the importance of saving the two trees, noting the trees are among the largest • and possibly the oldest trees on the Peninsula, and are in perfect health. He also pointed out the appearance of the trees from the bay, and what the area would look like without the benefit i Volume 41 - Page 431 PW /Lindo Ave Imprvms (74) COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES November 9, 1987 of the trees. Additionally, he stated that the new location of sidewalk creates a direct path for launching hand carried boats and is more convenient than before, and can never be obstructed. He stated he was very pleased and appreciative of the beautification brought about because of the recent improvements and would hope the City Council agrees with his point of view. Steven Walker, 312 Linda Avenue, addressed the Council and spoke in favor of restoring Linda Avenue at Edgewater Walk to its original state, as suggested in Alternate A of the staff report. He discussed the importance of the two parking places lost as a result of the recent improvements, and also noted that the City's street sweeper cannot clean the street efficiently, due to the design of the street end. He also expressed his concerns as to maintenance of the planter at the street end, and the liability issue, due to the condition of the eucalyptus trees. He stated the trees are beautiful, but they can be replaced. With respect to hand-carried boat launching, he stated he felt the previous design was more convenient and easier. Pat Doyle, 310 Linda Avenue, addressed the Council and spoke in support of Alternate A, restoring Linda Avenue to its original configuration, and removing the two eucalyptus trees. He also felt that the new improvements benefit the Von Oppenhe:ims more than any other resident, particularly their view. Don Beatty„ 307 Linda Avenue, addressed the Council. in support of Alternate A, and stated that 24 persons on Linda Avenue representing 18 separate residences„ feel that Linda Avenue should be restored to its original state and that the eucalyptus trees should be replaced. Todd Brown, 507 Edgewater Walk, addressed the Council in favor of saving the trees, and retaining the recent street improvements. He also suggested that the area be hand swept, inasmuch as the street end cannot accommodate a motorized street sweeper. Virginia He:rberts, Chairperson of the Street Tree Committee, and Member of the Parks, Beaches and Recreation Commission, addressed the Council and Volume 41 - Page 432 PW /Lindo Ave Imprvms r COUNCIL MEMBERS • Motion • • CITY OF NEWPORT BEACH MINUTES November 9, 1987 advised that the Committee did inspect the trees; felt they were worth saving; and do add to the aesthetic value of the area. She commented that the Committee, in turn, gave their recommendation to the Parks, Beaches and Recreation Commission, who also viewed the trees, and as a result, voted unanimously to save the trees and recommend the same to the City Council. she stated that, in her opinion, the recent improvements enchanced the area. She also stated that the neighborhood was canvassed regarding the trees, and it was found that 50% of the residents in the area were in favor of saving the trees, and 50% "really didn't care" what happened to the trees. Mayor Pro 'rem Hart commented that when she served on the Parks, Beaches and Recreation Commission, the Commission discussed the Edgewater Walk several times, and its benefit to the public and community. She stated, however, when it comes to losing bayfront parking spaces, it can be very expensive. She also felt that if the recent improvements were allowed to remain, it would be like giving public property on the bayfront to a private party, which she cannot support, and therefore moved to approve Alternate A, which would restore Lindo Avenue and Edgewater Walk to its original configuration. Council Member Plummer stated that she will support the motion, inasmuch as the "uproar" this issue has caused, and the number of residents who want the area restored to its original state. She also reali::es that parking is a "premium" on the Peninsula, particularly when many residences have three to four cars per household. Council Member Turner stated that he will not support the motion, as he felt the new landscaping and street design was very attractive. He stated he felt the Council should retain the plan as currently constructed, and enact agreements with property owners on each side of the: street for maintenance of the landscaping, as well as an encroachment permit to assure that the area is reserved for public use. Volume 41 — Page 433 PW /Lindo Ave Imprvms COUNCIL MEMBERS �G���CG�'i�� DAe 1 nwc , T s .Ayes Noes loon All Ayes Motion All Ayes 0 x I x Ix Ix Ix Ix Ix X X • • - '�, MINUTES November 9, 1987 Council Member Sansone stated that he PW /Lindo will support the motion, inasmuch as he Ave Imprvms has not yet found out whether a root barrier was installed when the eucalyptus trees were trimmed, and due to the fact that the Parks, Beaches and Recreation Commission indicated that they have no desire to install, or maintain ;street end landscaping at Lindo Avenue or any other street end on the Peninsula. Council Member Maurer also spoke in support of the motion, and stated that if the existing eucalyptus trees were heavily pruned, it would ruin the look of the trees. In addition, he stated that the trees have a poor root structure, and if subjected to strong winds, considerable damage could result to adjacent property. Also, he felt parking spaces were too valuable on the Peninsula to give up two stalls. The motion on the floor was voted on and carried. 2. Report from Executive Assistant to the CA State City Manager, dated October 12, 1987, Office regarding HISTORIC RESOURCES SURVEY, was Historic presented. Prsrvtn (28) Motion was made to defer action on the subject item to City Council meeting of January 11, 1988, which is consistent with agreement reached in meeting between Newport Beach Historical Society and Newport Beach Conservancy Group. 3. Report from the City Attorney regarding Permit/ RAYMOND VINCENTI ENCROACHMENT Vincenti APPLICATION, 119 VIA LIDO SOUD, was Encrchm presented. (65) Motion was made to approve the following recommendations, as stated in the staff report: (a) Deny Raymond Vincenti's application for an encroachment permit to construct a walkway from Via Lido across City property to the walkway which serves the Vincenti /Acosta pier; and (b) Approve, in concept, an encroachment permit that would allow Vincenti to construct a new walkway along the 4' strip adjacent to, and bayward of, the ]Lido Isle Community Volume 41 - Page 434 COUNCIL MEMBERS • • 0 MINUTES November 9, 1987 Association fence to a point where the fence intersects a prolongation of the northerly property line of 117 Via Lido Soud and then northerly to intersect with the existing sidewalk that serves the Vincenti /Acosta pier, with the precise terms and conditions of the permit to be approved by the City Council at a subsequent meeting; and (c) Approve, in concept, an encroachment permit that would allow the property owner at 117 Via Lido Soud to continue to utilize certain City property for access to the 'Vincenti /Acosta pier, and related purposes, with the precise terms and conditions of the permit to be approved by the City Council at a subsequent meeting; and (d) Staff be directed to contact the owners of property at 104, Ill and 113 Via Lido Soud to determine the nature of :improvements constructed bayward of those properties, to prepare encroachment permits that would allow existing improvements to :remain, but require City Council approval of future :improvements, with the precise terms and conditions of the Permits to be determined by the City Council at a subsequent meeting. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding HEIGHT LIMITS ON THE BLUFF SIDE OF OCEAN BOULEVARD, Corona del Mar, was presented. The Planning Director advised that at the City Council Study Session of October 26;, 1987, staff was directed to pick a representative sample of lot configurations along the bluff side of Ocean Boulevard in Corona del Mar, and illustrate how development on and views over these lots would be impacted if the current limits on height were lowered, and the point of reference became grade at property line in lieu of top of curb. Volume: 41 — Page 435 Permit/ Vincenti Encrchm Planning/ Ocean B1 Bluffs Hght Lmts (68) COUNCIL MEMBERS • Motion All Ayes ,x CITY OF NEWPORT BEACH MINUTES November 9, 1987 INDEX A slide presentation was given by the Planning/ Planning Director consisting of a site Ocean B1 analyses of six bluff lots on Ocean Bluffs Boulevard. Hght Lmts Discussion ensued, wherein it was indicated by some Council Members that enacting a blanket policy regulating these types of bluff lots would be very difficult, and that each such case should be dealt with on an individual basis. Following consideration, motion was made to receive and file the subject report. Meeting adjourned at 9:10 p.m. The agenda for this meeting was posted on November 4, 1987, at 9:25 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: City Clerk Volume 41 - Page 436