HomeMy WebLinkAbout04/11/1988 - Regular MeetingCOUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: April 11, 1988
A. ROLL CALL.
MINUTES
B. Reading of Minutes of Meeting of
March 28, 1988, 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
88 -1(B), a proposal of the City of
Newport Beach to amend the LAND USE
ELEMENT of the GENERAL PLAN, adding a
specific area description for the CITY
CORPORATION YARD (currently designated
for "Governmental, Educational and
Institutional Facilities ") so as to
allow a REFUSE RECYCLING /TRANSFER
STATION on the site.
Report from the Planning Department, was
presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
88 -25, amending the Land Use Element of
the General Plan by adding a specific
area description for the City
Corporation Yard so as to allow a refuse
recycling /transfer station on the site.
2. Mayor Cox opened the public hearing and
City Council review of appeal by DR. JAN
VANDERSLOOT, Newport Beach, from the
approval of the Planning Commission on
March 10, 1988, of RESUBDIVISION NO.
862, a request of HAL WOODS, Costa Mesa, to
resubdivide two existing parcels of land
into four parcels for single - family
residential development, and the
acceptance of an Environmental Document.
Property located at 2919 Cliff Drive in
Newport Heights; zoned R -1 and R -3.
Report from the Planning Department, was
presented.
Appeal Application from Dr. Jan D.
Vandersloot, was presented.
Letter from Don Williams opposing
project, was presented.
Volume 42 - Page 121
GPA 88 -1(B)
Cty Corp Yd
Rfs Rcyclg
Tsfr Station
(45)
(84)
88 -25
EM
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CITY OF NEWPORT BEACH
MINUTES
April 11, 1988
The City Clerk advised that after the
agenda was printed, Dr. Vandersloot
submitted a 71 -page packet of
information relating to the project. In
addition, eight letters were received in
opposition to the proposal, and one
letter was received in support.
The City Clerk further reported that on
this date, a letter was received from
Hal Woods, architect for the project,
requesting the public hearing be
continued to April 25, 1988.
In view of the foregoing, motion was
made to continue the subject hearing to
April 25, 1988.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing April 25, 1988:
(a) Proposed ORDINANCE NO. 88 -10,
being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH TO AMEND TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE
SO AS TO PERMIT THE
INSTALLATION OF BOAT CRANES ON
PROPERTY WITH MARINE- ORIENTED
USES IN EXCESS OF PERMITTED
HEIGHT LIMITS WITHOUT THE
REQUIREMENTS OF SECURING A USE
PERMIT OR A VARIANCE; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT (PLANNING COMMISSION
AMENDMENT NO. 660). (Report
from Planning Department)
2. RESOLUTIONS FOR ADOPTION:
Ord 88 -10
Zoning/
Instln Boat
Crns
um-r-111
(a) Resolution No. 88 -26 dedicating PCH Widng/
City property to public use for Npt B1 &
public street and highway purposes. Highland St
(Report from Public Works Res 88 -26
Department) 1(74)
Volume 42 - Page 122
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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April 11, 1988
(b) Resolution No. 88 -27 supporting
proposed legislation for
Congressional authorization to line
portions of the All American Canal
and the Coachella Branch.
(Memorandum from Utilities
Director)
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2646 to Nobest,
Inc., for $125,397.75, for
Miscellaneous Construction in
Corona del Mar; and authorize the
Mayor and City Clerk to execute
said contract. (Report from Public
Works Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) To Utilities Department for reply,
letter from Harbor Ridge Crest
Maintenance Association opposing
the alleged proposed San Joaquin
Reservoir covering.
(b) To Public Works Department for
report back, letter from Mr, and
Mrs. K. P. Wallace and John K.
Lake, requesting approval for width
of driveway repair and
beautification on the south side of
Ocean Boulevard, between Heliotrope
and Jasmine Streets.
(c) To City Manager for inclusion in
the records, letter from Bill Coop
expressing favorable approval of
the general appearance of the City
of Newport Beach during his recent
visit.
(d) To Planning Department for
response, concerns and suggestions
from the Corona Highland Property
Owners Association regarding
updating the City's'General Plan,
and the areas of the Ming Dynasty
site; 76 Station by Buck Gully; the
Kirkwood Motel; and the CoroLido
Apartments.
(e) To Public Works Department for
response, letter from Ben Koontz
requesting reconstructing of the
drains from 32nd Street to
Prospect, citing traffic - slowing
hazard at each intersection.
Volume 42 - Page 123
Utilities/
All American
Canal
Res 88 -27
(89)
Misc Cnstr:
CdM /Nobest_
C -2646
(38)
Utilities
(89)
PW
(74)
City Mgr
(34)
Planning
(68)
PW
(74)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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April 11, 1988
(f) To Planning Commission for PlanningCmsn
consideration, letters opposing the (68)
Emerald Associate Project, (Use
Permit No. 3312] from Stanley R.
Winter, Marilyn J. Gill, Spencer
Crump, Marjorie M. Garmon, and
Alice Brewer.
Note: After the agenda was
printed, 13 additional letters of
opposition were received.
(g) To Public Works Department for PW
reply, letter from Dr. Jan D. (74)
Vandersloot opposed to the proposed
Avon Street parking lot for
ecological and environmental
reasons.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Associated Transportation Service
seeking compensation from City
based upon alleged misconduct by
City employees on March 22, 1988.
(b) Linda Bray and Cinda Coulter
alleging arrest without warrant or
probable cause on December 22,
1987, near parking lot of Ford
Aerospace on Jamboree Road.
(c) Dr. Wallace Cheng, et al, alleging
damage to vessels LIL RASCAL, GAEA,
PSALTY V; vertical anchor piling
owned by Bill Blurock, and 16'
dinghy due to strong winds, etc.,
(Mooring Number H38) on December 12
and 14, 1987.
(d) Barbara Roy alleging personal
injuries as a result of bicycle
accident at 15th Street and West
Balboa Blvd., on January 28, 1988.
(e) Dick and Diana Rubottom alleging
plumbing backed up causing flooding
of two bathrooms at 4509 Surrey
Drive on February 24, 1988.
(36)
/Coulter
(f) Douglas A. Starr alleging damages Starr
as a result of being cited for
obstructing the sidewalk in Newport
Beach on September 7, 1987; seeking
reimbursement of attorney fees.
Volume 42 - Page 124
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
April 11, 1988
(g) Steve Stone alleging City refuse
truck hit passenger side of his
vehicle at 400 block of Canal
Street on January 25, 1988.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Jeffrey Harbison for Violation of
Civil Rights, False Imprisonment,
False Arrest, etc., Orange County
Superior Court, Case No. 548253.
Claim was denied by City Council on
August 10, 1987.
(b) Kent G. Hindes for Damages and
Personal Injuries, Orange County
Superior Court, Case No. 517161.
Claim was denied by City Council
January 12, 1987.
(c) Vickie Louise Parsons, Wrongful
Death, Orange County Superior
Court, Case No. 540443. Claim was
denied by City Council August 24,
1987.
(d) Edward J. Stone for Negligence and
False Imprisonment, Orange County
Superior Court, Case No. 102309.
Claim was denied by City Council on
October 15, 1985.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Executive Secretary, Utilities
Department.
(b) One Electrician II, Utilities
Department.
(c) One Maintenance Worker I (Asphalt
Crew), Field Maintenance Division.
(d) One Maintenance Worker II (Asphalt
Crew). Field Maintenance Division.
(e) One Refuse Worker II, Refuse
Division.
(f) One Administrative Clerk, Public
Works Department.
(g) One Marine Safety Officer, Marine
Department.
(h) One Marine Safety Lieutenant,
Marine Department.
Volume 42 - Page 125
Stone
(36.)
(66)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
April 11, 1988
9.
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MINUTES
STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Memorandum from Board of Library
Trustees regarding ACCEPTANCE OF
GIFT FROM HARRY & GRACE STEELE
FOUNDATION.
For Council information and filing:
(b) Removed from the Consent Calendar.
(c) Notice of public hearing from
Orange County Board of Supervisors
on proposed DEVELOPMENT AGREEMENT
FOR DOWNCOAST AREA, APRIL 13, 1988,
9:30 a.m., Board Hearing Room, Hall
of Administration, Santa Ana.
PUBLIC HEARING SCHEDULING - For April
25, 1988:
(a) LOCAL COASTAL PROGRAM AMENDMENT NO.
12 - A request of JAMES C. MANNING,
Newport Beach, to amend the LOCAL
COASTAL PROGRAM, LAND USE PLAN, so
as to redesignate property located
at 3841 OCEAN BIRCH DRIVE, in the
Spyglass Ridge residential area,
from "Recreational and
Environmental Open Space" to
"Low- Density Residential." (Report
from the Planning Department)
(b) APPLICATION FOR 1988/89 COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
(Report from Planning Department)
NEWPORT HEIGHTS ALLEY & 31ST STREET
IMPROVEMENTS (CONTRACT NO. 2470) -
Accept the work; authorize the City
Clerk to file a Notice of Completion and
release the bonds 35 days after the
Notice of Completion has been recorded
in accordance with applicable portions
of the Civil Code. (Report from the
Public Works Department)
JAMBOREE ROAD WIDENING /COAST HIGHWAY TO
BACK BAY DRIVE (CONTRACT NO. 2564) -
Accept the work; authorize the City
Clerk to file a Notice of Completion;
and release the bonds 35 days after
Notice of Completion has been recorded
in accordance with applicable portions
of the Civil Code and assess liquidated
damages in the amount of $10,900.
(Report from the Public Works
Department)
Volume 42 - Page 126
(50)
Bd Supry
cst /Dvlp
(68)
(87)
9pt Hghts
klley /31st
Imprvms
-2470
(38)
Jamboree Rd
Widng /PCH-
Bckbay Or
C -2564
(38)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
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April 11, 1988
13. AMETHYST AND OPAL AVENUES STORM DRAINS
(CONTRACT NO. 2584) - Accept the work;
authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after the Notice of
Completion has been recorded in
accordance with applicable portions of
the Civil Code. (Report from the Public
Works Department)
14. UPPER NEWPORT BAY SEDIMENT CONTROL AND
RESTORATION PROJECT AND UPPER NEWPORT
BAY WATER TRANSMISSION MAIN CROSSING
(CONTRACT NO. 2483) - Accept the work;
authorize the City Clerk to file a
Notice of Completion and release the
bonds 35 days after the Notice of
Completion has been recorded in
accordance with applicable portions of
the Civil Code. (Report from the Public
Works Department)
15. ENCROACHMENT PERMIT - If desired, uphold
staff's recommendation and approve the
application, subject to the conditions
in the staff report for request of MAX
MORGAN for 18 foot -wide driveway on 30th
Street for 3004 West Oceanfront.
(Report from the Public Works
Department)
16. ENCROACHMENT PERMIT - If desired, uphold
staff's recommendation and approve the
issuance of application of HARRY
WESTOVER of 2301 Pacific Drive to
construct planters, patios, retaining
walls and stairs within the Pacific
Drive Parkway adjacent to said property;
and authorize the Mayor and City Clerk
to execute said agreement and have it
recorded with the Orange County
Recorder. (Report from the Public Works
Department)
17. RESUBDIVISION NO. 857 - Approve a
subdivision agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 857 on
property located at 701 Lido Park Drive
on the northerly side of Lido Park Drive,
Lido Peninsula; and authorize the Mayor
and City Clerk to execute said
agreement. (Report from the Public
Works Department)
Volume 42 - Page 127
Opal Av Strm
Drns
C -2584
(38)
Upr Npt Bay
Sdmnt Cntrl/
Rstratn Prj/
Wtr Trnsmsn
C -2483
(38)
(65
(65)
(84)
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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18. WEST NEWPORT PARK CONSTRUCTION (CONTRACT
WNpt Prk
NO. 2537) - Authorize the Mayor and City
Cnstr
Clerk to execute a Grant of Easement to
C -2537
SOUTHERN CALIFORNIA EDISON COMPANY for a
(38)
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portion of the subject site for the
purposes of serving power to the park.
(Report from the Public Works
Department)
19. BOARD OF LIBRARY TRUSTEES VACANCY -
Library Bd
Accept with regret the resignation of Ed
Vcncy
Conn from the Library Board; City Clerk
(24)
_
to process permaplaque Certificate of
Appreciation [vacancy listed on June 30,
1988 expiration list].
20. SPECIAL EVENT PERMITS - Uphold staff's
Permit/
recommendation for approval, subject to
Spcl Evnts
conditions listed in the staff report
(65)
for the following: (Report from
Business License Supervisor)
(a) Application No. 87 -393 -
Apli#87 -393
Temporary road closure of Back
Bay Drive for OASIS Senior
Center Walk 8 Jog on Saturday,
May 14, 1988, from 6:00 a.m.
to 8 :00 a.m.
(b) Application No. 88 -080 -
Apliii88 -080
Temporary road closure of Back
Bay Drive for the Orange
County Association for Mental
Health Run on Sunday, May 22,
1988, from 7:00 a.m. to 10:00
a.m.
(c) Application No. 88 -081 -
Apliii88 -081
Temporary street closure for
Corona del Mar High Run May
22, 1988, from 7:30 a.m. to
9:30 a.m.
(d) Application No. 88 -087 - use
Apliii88 -087
of the public beach adjacent
to the Balboa Pier Parking Lot
by the Muscular Dystrophy
Association for a Volleyball
Tournament on Saturday, April
30, 1988, from 8:00 a.m. to
6:00 p.m.
21. BUDGET AMENDMENTS - For approval:
(25)
BA -072, $3,000 - Transfer in Budget
Appropriations for three City signs;
General Services - Special Departmental
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Supplies Fund. (Memo from General
General Sry
Services Director)
(44)
Volume 42- Page 128
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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BA -073, $145,000 - Increase in Budget
Appropriations and Revenue Estimates for
Harry and Grace Steele Foundation Grant
for the purchase of books; Special
Departmental Expense- Library Fund.
[Refer to agenda item F -9(a)]
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Planning Department to Planning
the City Manager regarding ACTIONS TAKEN Cmsn
BY THE PLANNING COMMISSION AT ITS (68)
MEETING OF MARCH 24, 1988, was
presented.
Motion was made to schedule public Resub 861
hearing on April 25, 1988 on
Resubdivision No. 861, 3841 Ocean Birch
Drive, Spyglass Ridge area, and to
receive and file the remaining items.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 88 -9, being, Ord 88 -9
Penalties
AN ORDINANCE OF THE CITY COUNCIL OF Dog Violtns
THE CITY OF NEWPORT BEACH AMENDING (27)
CHAPTER 7.04 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
PENALTIES FOR DOG VIOLATIONS,
was presented with recycled report dated
March 28, 1988, from the Assistant City
Attorney.
Motion was made to adopt Ordinance No.
88 -9.
I. CONTINUED BUSINESS:
1. Report from the City Attorney regarding
HARBOR PERMIT APPLICATION NO. 0115 -1014
of Ben Bukewighe to build cantilevered
deck bayward of 1014 Polaris Drive, was
presented.
Recycled report from Marine Department,
dated March 14, 1988, was presented.
Report from Building Director, dated
March 24, 1988, was presented.
The City Manager summarized the subject
reports, noting staff had contacted the
State Lands Commission and was advised
that construction of the proposed deck
would violate terms of the tidelands
trust. Staff is also concerned about
setting a precedent if this application
is approved.
Volume 42 - Page 129
Harbor Perm
Apli#0115-
1014 Polaris
Dr
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
April 11, 1988
Brion Jeannette, architect for the harbor Perm
proposed project, addressed the Council Apli#0115-
and stated that he had spoken with 1014
Debbie Townsend of the State Lands
Commission regarding the subject
application on April 7, who informed him
that the request would have to be looked
at more fully before making a
determination, but indicated to him that
the State Lands Commission does not have
a. "hard and fast policy" with regard to
these types of applications. He stated
that he has forwarded the same harbor
permit application, together with
photographs of the area to Ms. Townsend
for review and report back which he
estimates will take approximately 10
days. He also commented that he did not
feel the proposed encroachment was an
unreasonable request.
The City Attorney advised that he spoke
with Debbie Townsend of the State Lands
Commission last week, who confirmed that
she had been contacted by Brion
Jeannette, and that she had received a
packet from Mr. Jeannette with the plans
and photographs as mentioned in the
foregoing. He stated that Ms. Townsend
said she informed Mr. Jeannette the
State Lands Commission does conduct
surveys to determine if a particular
project is over State Tidelands or not,
and as Mr. Jeannette indicated, it will
take approximately 10 days. He stated
Ms. Townsend advised him that, if any
portion of the proposed deck does
encroach onto or over State Tidelands,
the State Lands Commission would
consider it a violation of the public
trust imposed upon those tidelands,
whether they have been granted to the
City, County or whether they remain
ungranted. The State Lands Commission
has agreed to review the proposed
project to see if State Tidelands are
implicated, and if they are, the State
Lands Commission will oppose it, and if
the water bayward of the bulkhead at
this location is not State Tidelands,
then different City policies apply.
Following discussion, motion was made to
continue this item to May 9, 1988,
pending report from the State Lands
Commission.
2. Report from the City Attorney regarding C /Atty
CITY OF IRVINE REQUEST THAT NEWPORT Litiga
BEACH JOIN IN LITIGATION CHALLENGING Irvn /O
THREE COUNTY DEVELOPMENT AGREEMENTS, was (31)
presented.
Volume 42 - Page 130
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
•�G�Z��G��� �O¢9G�9y�'2 G9�� April 11, 1988
to
MINUTES
The City Attorney summarized his report,
wherein he pointed out that it was not
until this date that he received
material from the law firm representing
the City of Irvine relative the
lawsuit against the Aliso -Viej o
Development and the three development
agreements. He stated that the legal
challenge to the Aliso -Viejo agreement
by Laguna Beach is based upon the
following:
1. Inadequate EIR;
2. Inadequacy of County Land Use
and Circulation Elements;
3. Inconsistency between County
Land Use and Circulation
Elements;
4. Unconstitutional interference
with the initiative process
(approval of the development
agreement just prior to vote
on the initiative will reduce
effect of the measure if
passed); and
5. One provision that requires
• compliance with County
conditions in spite of
annexation is in conflict with
State law.
The City Attorney also reported that the
lawsuit could have an impact, in terms
of legal precedent, on the City of
Newport Beach. If Laguna Beach prevails
in its argument that the development
agreement unconstitutionally interferes
with the initiative process, the
validity of development agreements in
cities facing November initiatives,
could be jeopardized.
The City Attorney further advised that
it is his understanding the other two
development agreements have not yet been
challenged by the Cities of Irvine and
Laguna Beach.
Council Member Sansone stated that
within the next month, the County will
be reviewing the development agreement
for the downcoast area, which includes
• the construction of Pelican Hills Road
and is very vital to old Corona del Mar.
Therefore, he will oppose the City
funding anything that challenges the
Volume 42 - Page 131
C /Atty
Litigatn
Irvine /O /C
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
AG \4;\ April 11, 1988
®na , rw, �S F
MINUTES
Volume 42 - Page 132
Atty
subject three County development
agreements, which could jeopardize the
development agreement for the downcoast
area which he supports.
•
Council Member Turner indicated his
concurrence with Council Member Sansone,
and expressed his concerns as to the
importance of the San Joaquin Hills
Corridor and Pelican Hills Road. He
'.
stated he felt that if the City Council
supported the request and joined in the
subject litigation, it could put the
City of Newport Beach in jeopardy for
the reasons pointed out by the City
Attorney in his report.
Council Member Strauss stated that he
was not necessarily arguing that the
City should support the three County .
development agreements, but that he did
want the City Attorney and City Manager
to review the documents as requested at
the last Council meeting, and which has
now been done. He stated he felt there
should be an interest on the part of the
City, inasmuch as the growth of the
County is overwhelming in traffic, and
when the Council can support an issue of
this importance, they ought to do it.
He stated he was in favor of
•
constructing Pelican Hills Road and
would not want to take any action to
"upset" that from occuring, but at the
same time, he does not feel it is proper
for the Council to say that it does not
feel there is a distinct issue here.
Council Member Turner stated that he
felt the electorate would vote in favor
of annexing the downcoast area and the
annexation would probably come about as
a result of a development agreement
between that developer and the County of
Orange. He reiterated that if the
Council were to support the three County
development agreements, it could place
the City in jeopardy, as indicated
earlier by the City Attorney.
Council Member Sansone stated that the
agreement executed for the downcoast
area between the Friends of the Irvine
Coast, SPON and several other
environmental groups, took several years
of negotiation before final agreement
was reached, and he felt that the
development agreement for the downcoast
area will be based on provisions of that
agreement. He also felt that if a vote
Volume 42 - Page 132
Atty
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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April 11, 1988 GG �a�1;�A ¢666X\OF61\011�
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were taken in the City as to "growth, no
growth, medium growth or upside growth,"
the electorate would support that
development agreement.
Hearing no other comments, motion was
made to disallow joining in the
litigation, as requested by the City of
Irvine.
Council Member Strauss stated that he
would support the motion at this time,
but indicated he could bring the matter
up again at a future date, should a
different situation occur.
The motion was voted on and carried.
3. Recycled report dated March 28, 1988, CalTrans E/
from the Public Works Department PCH
concerning ACCESS TO PACIFIC COAST (74)
HIGHWAY FROM CALTRANS EAST PARCEL, was
presented.
Report from Hoag Hospital, was
presented.
Report from Robert Coles, architect and
resident of Balboa Coves, regarding
impacts from the proposed CalTrans East
access to Pacific Coast Highway, was
presented.
The City Clerk advised that after the
agenda was printed, twenty -three (23)
letters were received and telephone call
from residents of Balboa Coves, in
opposition to the proposal by Hoag
Hospital for a traffic signal and access
from Pacific Coast Highway.
The City Manager summarized the staff
report, noting that Hoag Hospital has
reached an agreement with CalTrans
regarding purchase of the abutter's
right of vehicular access to Coast
Highway, and by letter of March 16,
1988, Hoag has asked the City to rescind
Resolution No. 83 -53, to which the
Public Works Department concurs.
The City Manager pointed out that
subsequent to adoption of Resolution No.
83 -53, a project to widen Coast Highway
in West Newport was programmed and
design of this project is currently
underway. In conjunction with design of
the over -all highway widening project,
Hoag Hospital has been working with the
City and with CalTrans on design of a
signalized intersection providing access
from the highway to the Hoag property.
Volume 42 - Page 133
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
April 11, 1988
MINUTES
Volume 42 - Page 134
CalTrans E/
PCH
As part of this process a traffic
engineering study has been performed to
analyze the potential impact on Coast
Highway traffic flow of a new signalized
intersection to be located opposite the
existing Balboa Coves entrance. This
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study has demonstrated that the new
traffic signal can be timed to fit
vehicle travel progression on the
highway, and will not result in
significant increases in traffic
congestion.
Tom Orlando, 15 Balboa Coves, addressed
the Council and requested this item be
continued for three weeks until their
sound engineer has completed his study.
William McLaughlin, 67 Balboa Coves,
addressed the Council and stated that
when he was President of their
homeowners association, he was called to
a meeting by Hoag Hospital in which Hoag
solicited their support for a "Campus
Style" cancer center to be located
across Pacific Coast Highway from Balboa
Coves. During this meeting, he was
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assured that if they supported Hoag and
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did not object to their expansion onto
the CalTrans property, they would never
seek access to or from it off of Pacific
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Coast Highway. He stated that Hoag
proclaimed great empathy with their
concern for increased traffic and
attendant noise and pollution if such
were to occur, and therefore, promised
never to do so. He stated he felt they
should have had a lawyer and had Hoag
put it in writing.
Peter Foulk, representing Hoag Hospital,
addressed the Council in support of
their request to rescind Resolution No.
83 -53. He stated that they feel the
access to Pacific Coast Highway is
important, and that he was not aware of
any commitment Hoag has made promising
not to have these access rights. He
stated that they have designed access
across from Balboa Coves because they
felt Balboa Coves wanted the signal at
that location. He stated that Hoag is
offering to pay for the entire
signalization which is estimated at over
$100,000 and have also offered $10,000
to Balboa Coves for improvements to
their entrance as a result of the
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signal. They feel that Hoag Hospital
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has been good neighbors to Balboa Coves,
but they do not feel responsible for a
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sound wall, inasmuch as they are not
responsible for the widening of Pacific
Coast Highway, and due to the fact that
the traffic signal will not increase the
noise level based on recent studies. He
stated that they have tried to negotiate
with Balboa Coves, but are not yet in
agreement.
Discussion ensued, wherein it was stated
by the City Manager that the proposed
resolution under consideration makes no
reference to the proposed traffic
signal, sound wall, etc., and that the
improvement plans for these items will
be forthcoming to the Council at a later
date for final approvel. He emphasized
that the only issue under consideration
at this time is access to Pacific Coast
Highway.
Council Member Sansone spoke in support
of continuing this item for two weeks,
indicating he felt that the residents of
Balboa Coves have not been given the
"total picture" of what is being planned
by Hoag Hospital.
Dennis O'Neil, attorney representing
Hoag Hospital, addressed the Council and
stated that they are requesting the
rescinding of Resolution No. 83 -53 in an
effort to "clean up the record" and
consummate their negotiations with
CalTrans to acquire the abutter's rights
to the property the hospital purchased
in 1984. He stated that the cancer
center is a stand -alone facility that
takes its access off the main hospital
campus and has nothing to do with their
desire to gain access to Pacific Coast
Highway. He stated they are in the
process of working with the City in
developing a master plan for the future
buildout of that site, but they have no
idea what that will entail. He stated
that in order to accommodate that
planning, it is necessary to know if
they will be able to have access.from
Pacific Coast Highway. He stated that
through an appraisal process with
CalTrans, they have negotiated on a
price to buy the access rights to the
property, and in order to carry out that
transaction, Resolution No. 83 -53 should
be rescinded. He, therefore, suggested
that the Council take the recommended
action, with the representation that
Hoag Hospital will continue in good
faith to work with the residents of
Balboa Coves in an attempt to come up
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with a reasonable solution, which
everyone feels is appropriate, and
further, with the knowledge that the
improvement plans for the traffic
signal, etc., will come back before the
Council for final approval. In
conclusion, he stated that the longer
this item is delayed, the more
complicated it becomes.
Motion was made to continue this item to
April 25, 1988.
Richard Houghton, 46 Balboa Coves,
President of the Balboa Coves Homeowners
Association, addressed the Council on
the status of the Coves, advising that
the residents have enjoyed a quiet and
anonymous existence for almost 50 years
and their low profile has afforded them
a near zero crime rate. He stated that
the homeowners are not really opposed to
the traffic signal, but they do feel
that some of their concerns have not
been addressed, and in fact, are being
ignored. They understand the magnitude
and importance of Hoag Hospital, but in
these changing times they cannot allow
any injury to their community. He
discussed the widening of Pacific Coast
Highway and the removal of street
parking, and the problems they felt it
will create. He stated that the traffic
signal specifically "spotlights" their
community and they feel they will lose
the safety of their anonymous status.
He stated that with the increase in
sound due to the traffic signal, the
problems that will be created because of
no parking on Pacific Coast Highway, and
the spotlighting of their entrance
because of the signal, etc., they have a
number of concerns which they feel needs
additional mitigation to protect
themselves.
Hearing no others wishing to address the
Council, the motion was voted on, and
carried.
J. CURRENT BUSINESS:
1. Report from the Planning Department
regarding a request of JUDITH HOME,
owner of 307 ISLAND AVENUE, NEWPORT
BEACH, FOR AN EXEMPTION FROM THE
REQUIREMENTS OF SECTION 20.87.140 OF THE
NEWPORT BEACH MUNICIPAL CODE, which
requires that buildings on lots which
contain a greater number of dwelling
units than permitted by Chapter 20 of
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tOLL CALL ��� IND X
the Municipal Code, be altered to
Zoning/
conform to the requirements of the Code
307 Is Av
within 60 years from the date of
original construction, was presented.
Letter with attachments from Hillary F.
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Thamer, Associate Vice President of
Coldwell Banker, representative of Judith
Homme, was presented.
The City Manager summarized the staff
report noting that on the subject lot, a
dwelling unit was constructed in 1912
and another unit in 1946. Both
dwellings were constructed when the
property was located in the R -2 District
and permitted a maximum of two dwelling
units on the site. In 1949 the City
changed the zoning from R -2 to R -1 which
made the dwellings a nonconforming use.
In 1980, the City Council adopted an
ordinance which placed a 60 -year
amortization period upon a structure
that was nonconforming because the
zoning had been changed. He stated that
the question before the Council is
whether to apply the 60 -year
amortization period on the structure
built in 1912, or the unit built in
1946.
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Frank Walker, applicant, addressed the
Council and stated that he closed escrow
on the subject property three weeks ago.
He stated that the subject property is
one and a half lots, containing 3,150
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sq. ft., which have two separate'
buildings on.tbe property; the main
building has three bedrooms and two
baths.
Charlotte Petersen, Tarbell Realtors,
addressed the Council and stated that
the second unit was legally permitted
when constructed and she did not feel it
fair to have that right taken away. She
stated that the property is in excellent
condition and she would urge the Council
to let it remain as such.
The City Attorney stated that he did not
feel the Council could enforce the
subject ordinance under either
interpretation because the ordinance is
triggered from the date of original
construction and suggested the ordinance
be revised to "trigger" from the point
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at which the property becomes
nonconforming.
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In view of the foregoing, motion was
made to grant the exemption, and to
direct the staff to report back in six
months as to the feasibility of deleting
the 60 -year amortization period from the
code.
Meeting adjourned at 8:50 p.m., in memory of
John Macnab, developer; community leader; and
a past President of the Newport Harbor Area
Chamber.of Commerce, who passed away on
March 28, 1988.,
The agenda for this meeting was posted
on Thursday, April 7, 1988 at 9:15 a.m;,
on the City Hall Bulletin Board located
outside of the City of Newport Beach
Administration Building.
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Zoning/
307 Is Av