HomeMy WebLinkAbout04/25/1988 - Regular MeetingCOUNCIL MEMBERS
Present Ix Ix
Motion
All Ayes
Motion
All Ayes
•
CITY OF NEWPORT BEACH
X
x
x
x
x
X
x
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: April 25, 1988
Mayor Cox presented the following:
Proclamation to Candace Colombo,
Clinical Nurse Specialist in the
Pediatric Intensive Care Unit at
U.C. Irvine Medical Center to
proclaim Week of May 16 - 22, 1988
as "Safe Kids Week;"
Proclamation to Al Graham, Attorney
and Member of the Orange County Bar
Association and Board of Directors
to proclaim May 1st as "Law Day
USA:" and
Permaplaqued Certificate of
Appreciation to former Board of
Library Trustees Member, Ed Conn.
I A. ROLL CALL.
B. Reading of Minutes of Meeting of
April 11, 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 continued 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.
Supplemental report from the Planning
Department, was presented.
Appeal Application from Dr. Jan D.
Vandersloot, and a 71 -page packet of
information relating to the project; and
letters received in favor of and in
opposition to the proposal.
Report from Parks, Beaches and
Recreation Director to the City Manager
regarding Resubdivision No. 862, was
presented.
Volume 42 - Page 139
(84)
862
COUNCIL MEMBERS
s c+ d+
�,y `G��a
LL CALL 5P
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
Letter from Tim Newman in support of
project at 2919 Cliff Drive, was
presented.
The City Clerk advised that after the
agenda was printed, 11 letters in favor
of the project were received; one in
opposition; letter from architect Brion
Jeannette; revised conceptual grading
plan from architect Hal Woods; and list
of 36 property owners in favor of the
project.
The City Manager pointed out that it is
the staff's opinion the subject
development is consistent with the
General Plan; however, the opponents
have a different opinion.
Bob Lenard, Current Planning
Manager, summarized the reasons the
staff felt this project is consistent
with the General Plan, as enumerated in
the staff report dated April 1, page 2.
Jerry A. King & Associates, 550 -C
Newport Center Drive, representing the
applicant, addressed the Council and
explained the proposed project, advising
that the applicant is requesting to
construct four separate homes on the
subject parcel. He stated that they
have tried to respond to the community's
input and have addressed some 19 issues,
which range from view, grading,
retaining walls, density, height of
structures, curb cuts, number of trees
to be saved, etc. He stated that the
elevations presented at this time are
being provided at the request of the
homeowners; that there is 70% open space
on the site; and that the homes will be
setback 45' from the street.
Hal Woods, Architect for the project,
addressed the Council and stated that
the proposed lot sizes are between 7,000
and 10,000 sq. ft., which are
approximately 50% larger than the lots
across the street from the site. He
gave a slide presentation depicting the
area, noting the subject parcel is
located between two parks. He said they
are aware of the sensitive issues
relative to density, grading, views, and
public benefit, and have attempted to
address all concerns. He also noted
Volume 42 - Page 140
862
COUNCIL MEMBERS
G,py CG 4P� Ofi 9
� A
•
•
r�
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
that there are 36 various types of trees
on the site, many of which will remain,
or be replanted and donated to the
adjacent parks or Hoag Hospital Cancer
Center.
In response to question raised by
Council Member Turner regarding possible
groundwater, Mr. Woods advised that a
geology report was completed on the
parcel where the deepest boring was 65
feet and no groundwater was encountered.
Gail Demmer, 2812 Cliff Drive,
President, Newport Heights Community
Association, addressed the Council in
opposition to the project. She stated
that the association has met with the
developer and architect, and appointed a
subcommittee to review all technical
matters, and it is recommended that the
developer be allowed to construct three
homes, rather then four homes on the
site for the reasons as stated in their
letter to the City Council. She further
stated it is their opinion that the
proposal is too dense for the size of
land and will impair views, and the
vehicular access of four dwellings on
the site, which is located on a
dangerous curve, will impair public
safety. They are also very concerned
about vertical retaining walls and
structural interior walls which will
cause severe visual impact upon the
parks, especially the newly renovated
Cliff Drive Park. She urged the Council
to give careful consideration to all
their concerns before making a final
decision.
Ron Medima, 447 E. 17th Street, Costa
Mesa, Civil Engineer, addressed the
Council and stated he was hired by
Newport Heights Community Association to
supplement some geological reports that
were done on the site at the
southeasterly side of the parcel
adjacent to Riverside Drive to determine
if the slope exceeded 26.6 degrees.
After completing some elevations, he
stated he compiled a map showing his
findings, which is submitted for Council
review. He stated that he found where
two areas exceeded the 26.6 degrees,
i.e., one area at 27.5 degrees and the
other area, 28.6 degrees, and therefore,
exceed the 2 to 1 slope.
Volume 42 — Page 141
E:rya
COUNCIL MEMBERS
S\
•
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
The Planning Director stated that
pursuant to staff information, the area
of slope that exceeds the 2 to 1 ratio,
is 2,178 sq. ft., which comprises 6.7%
of the total site. The density of the
proposed project, subtracting the 2,178
sq. ft. mentioned above, produces a
density of 5'k dwelling units per
buildable acre, which is well within the
density limitations allowed for the
subject parcel in accordance with the
City's General Plan.
Brion Jeannette, 400 Santa Ana Avenue,
Newport Heights, architect and resident
of Newport Heights, addressed the
Council in opposition to the project.
He stated that as a result of the survey
completed by the civil engineer, it is
their opinion that a coastal bluff
exists, and therefore, certain aspects
of the Local Coastal Plan apply. He
gave a slide presentation showing the
subject parcel and adjacent areas, and
stated it was his intention to discuss
how any structure on the site will
potentially effect the views of the site
from the park. He also discussed
project comparisons between the Tuttle &
Newberry project and the proposed Cliff
Drive project, as set forth in his
letter of April 19, 1988. He displayed
a map delineating the proposed retaining
walls along Cliff Drive Park, stating
there are sections reaching 6 feet in
height which will ultimately have 3 -foot
handrails making the total, 9 feet in
height. He also submitted photographs
taken by the civil engineer using a
25 -foot high pole to measure the height
of the slope from the sidewalk. He
stated it is their opinion the slope
exceeds the height limit of 26 degrees
and indicated it, therefore, constitutes
a coastal bluff and should be treated as
such. He stated that the Recreation and
Open Space element of the General Plan
designates Cliff Drive as an existing
and committed view park. He also cited,
in part, Section 4 - Scenic Areas, as
contained in the Recreation and Open
Space Element.
Terry Watt, Urban Planner with Shute,
Mihaly & Weinberger, Attorneys, 396
Hayes Street, San Francisco,
representing appellant Dr. Jan
Vandersloot, a Touch of Green Committee
and SPON, addressed the Council in
opposition to the project. She
Volume 42 - Page 142
E:Z1-L
COUNCIL MEMBERS
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
referenced a letter to the Council dated
April 5, 1988, outlining the reasons her
clients are opposed to the
resubdivision. She stated that further
elaboration of the issues raised in
their letter are warranted as a result
of the City staff's recommendation for
approval of this resubdivision. She
summarized their concerns, noting that:
1) The resubdivision is inconsistent
with the General Plan and the Local
Coastal Program and Land Use Plan; 2),
Even if the "in- fill" policy is
considered to be part of the City's
General Plan, the resubdivision cannot
be approved because the City's General
Plan would be rendered internally
inconsistent contrary to State law; 3)
The initial study and negative
declaration are inadequate; and 4) The
City must deny the resubdivision
pursuant to Government Code Section
66474 and Section 19.12.020(D) of the
Municipal Code. Ms. Watt submitted a
copy of her testimony, as well as a
petition containing 316 signatures in
opposition to the project. In
conclusion, she stated it is their
opinion that if the developer wants to
pursue the subject proposal, he should
request a general plan amendment and not
a request for a resubdivision.
Discussion ensued as to whether or not
this project is consistent or
inconsistent with the City's General
Plan (GP), wherein the City Attorney
advised that in 1973 the Land Use
Element (LUE) was adopted and at that
time there were two residential density
classifications (0 -10 = low density, and
10 and above = medium density). That
LUE was then amended in 1975, initiated
by Council Member Ryckoff, and designed
to change the two tier classification to
a three tier classification (0 -4 = low
density, 4 -10 = medium density, and
10 -15 = multiple- family density). It is
clear after researching those documents
with Council Member Ryckoff's testimony
and the Planning Department's staff
reports, that the amendment was not
designed or intended to change the
densities permitted on any of the
residential sites within the City. What
the Planning staff did at that time was
explain to the Council the permitted
densities under the existing GP /LUE for
various sites throughout the City, one
of which was Newport Heights. The
permitted densities in Newport Heights
Volume 42 - Page 143
Resub 862
COUNCIL MEMBERS
•
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
at that time, according to staff's
interpretation of the LUE was between
5.5 to 6 dwelling units per gross acre.
In those documents it is a clear thread
that there is no intent to reduce the
allowable density of development in
Newport Heights, Lido Isle, and Balboa
Peninsula through that GPA process. In
essence, the City Attorney stated that
those densities carried through to the
current date since there have not been
any amendments to the LUE in the areas
mentioned. In addition, the fact that
there was no intended density reduction,
combined with the fact that there was
now a switch from gross acreage to
buildable acreage, actually increased to
a considerable extent the number of
units per buildable area one would be
entitled to build. He agrees that the
subject parcel has to be consistent with
the GP, and also agrees that the zoning
designation of the lower parcel is
immaterial. What the Planning staff has
done through their documentation, is
prove that the densities for this
particular project are consistent with
both the LUE of the GP, and the LUP of
the Local Coastal Plan.
Richard Demmer, 2812 Cliff Drive,
addressed the Council in opposition to
the project as presented, and urged the
appeal be upheld. He indicated that the
so- called "in- fill" policy is very
confusing as to its interpretation, and
it is also their feeling the parcel may
be a coastal bluff as a result of the
survey by the civil engineer hired by
their association. They also feel the
resubdivision should be denied as there
should have been an environmental
document prepared rather than the
negative declaration.
The Planning Director, in response to
the term "in- fill" policy, advised that
the City does not have an "in- fill"
policy. With regard to the indications
by some speakers that the subject parcel
could be a coastal bluff, he stated it
is the staff's position that this parcel
does not constitute a coastal bluff;
however, if the City Council would like
the staff to reanalyze the issue, he
will be happy to comply.
Volume 42 - Page 144
862
COUNCIL MEMBERS
•
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
Marian Rayl, 426 San Bernardino Avenue,
addressed the Council in opposition to
the proposal. She referenced a map
showing three different parcels whose
applications have expired after applying
some time ago for a resubdivision. She
stated that if the resubdivision under
consideration is approved, then there is
no reason to say why the other three
resubdivisions could not be approved in
the future, which would mean there could
be anywhere from 12 to 16 houses in one
short block.
Jean Watt, 4 Harbor Island, addressed
the Council in opposition to the
project. She read a memorandum from
former Council Member Paul Ryckoff in
response to page 3 of the staff report
regarding buildable acreage in 1975,
wherein he states: "My purpose in
pushing the buildable acreage concept
was to reduce development on parcels to
the established number of units per
parcel to that limited by the buildable
acreage determination." She stated that
the issue here is whether or not that
1975 change led the scenario to then
determine the subject parcel to be
medium - density, or whether it left it in
low- density, which is what she believes,
and therefore, it would be low- density
with 4 dwelling units per buildable
acre. She cited further from the memo,
stating: "If there is a 10 -acre parcel
with 9 buildable acres in a 4 -unit per
acre zone, 36 units would be allowable
instead of 40 units under the gross
acreage limit. My comment on no change
meant, 4 per acre, etc., still applied,
but to buildable, not to gross acreage,
and any other interpretation is
incorrect."
Council Member Turner pointed out that
the aforementioned statement is in
direct conflict to what is contained in
the staff documentation, to which he
cited, in an attempt to clarify the
issue.
Walter J. Heim, 504 Westminster Avenue,
architect and resident of Newport
Heights, addressed the Council in favor
of the project. He stated that due to
his support of the proposed
resubdivision, the Newport Heights
Community Association Board has asked
for his resignation as second
vice - president of the association. He
Volume 42 - Page 145
Resub 862
COUNCIL MEMBERS
•
•
0
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
stated that he has studied this project
in-depth from a professional
perspective, and also served on the
association's site - review committee. He
commented that the trees on the parcel
are magnificent, but belong to the
current owner, and should have no
bearing on this proposal to revert to
current zoning which allows at least 6
apartment units on the lower lot and a
potential large mass, single - family
residence on the upper lot, leaving no
view corridor potential whatsoever. He
felt the project and the families will
be an asset to their community and
should be approved.
Gordon Tilbury, 239 Oceanview Avenue,
addressed the Council in favor of the
project. He stated that if the subject
parcel were converted to a park, it
could create further nuisances in the
area. He stated that the two existing
parks are as large as they should be,
and if more open space was created, it
would only bring more people, more
litter, increased traffic, and more
disturbances to the residents.
Sid Soffer, 900 Arbor Street, addressed
the Council in favor of allowing the
developer to build within his property
rights.
Norma Glover, 450 Santa Ana Avenue,
addressed the Council in opposition to
the proposal. She stated she felt their
area needed more open space and
suggested the City consider purchasing
the lower lot in order to "correct" the
two existing parks.
Chris Calvin, 1630 Bedford Lane,
architect, addressed the Council in
favor of the project. He stated that he
has worked in the City for over 10
years, and it has been his experience
that the only projects that create
controversy are those on the bluffs. He
stated that he felt the proposal was
very worthwhile; the developer has been
sensitive to the desires of the
neighboring residents; and that the
project should be approved.
Dana Baljeu, 2953 Cliff Drive, addressed
the Council in favor of the project.
She stated that the development gives
almost everyone what they want and she
felt it should be supported. She stated
Volume 42 - Page 146
Resub 862
•
•
•
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
G,p CG yYA nom `� �9,L 3'yG'►
'k `0
G
April 25, 1988
MINUTES
that Newport Heights residents are very
sensitive due to recent issues regarding
Mariners Mile, and that the residents
should have "fought" against those
issues, rather than the subject
proposal. She also felt this hearing
should not be continued to another date.
Hiroko Ogata, 445 Redlands Avenue,
addressed the Council in support of the
project. She referenced a flyer issued
by the Newport Harbor Community
Association she had received on her
doorstep, "Help protect our parks, it
depends on you," which was somewhat
alarming to her. The entitled flyer
also cited the time and place of this
Council meeting, and urged all residents
to attend. She stated that the project
was envisioned with 4 homes and that it
should be considered on its own merit.
Bonnie Jeannette, 400 Santa Ana Avenue,
addressed the Council in opposition to
the project. She stated that everyone
in attendance is here for their own
personal gain, whether for or against
the project. She stated that Newport
Heights residents take their parks very
personally, which is one of the reasons
they asked the Council to consider
purchasing the subject property to
connect the two parks. Inasmuch as that
was not done, the residents are
requesting that the Council protect the
two parks by creating an interface with
this development that is pleasing and
maintains the integrity of what they
have created as a beautiful City park.
Marco Baljeu, 2953 Cliff Drive,
addressed the Council in favor of the
project. He indicated he felt the City
has a difficult time as it is to
maintain the existing two parks, and
that the situation would only worsen if
another park was allowed. He stated he
felt the applicant should be allowed to
proceed.
Jerry King, representing the applicant,
addressed the Council again, in
rebuttal, stating that this particular
project has had more attention given to
it at the Planning Commission level and
City Council than any he has had the
privilege of working on. Since November
1987, the applicant, Hal Woods, has been
working with the City to get approval of
the project, so that he and his family
Volume 42 - Page 147
Resub 862
COUNCIL MEMBERS
JIG 0 00
�yF A t 9G
l
Won
Ayes
Noes
CITY OF NEWPORT BEACH
x I x I x ( x I x Ix I x
MINUTES
April 25, 1988
of friends can look forward to being
part of the community, as they had been
looking for years for a suitable site on
which to build. He further stated that
the applicant has had a geological
survey done to rule out the possibility
of groundwater; examined the slope
stability and views; and surveyed the
existing trees, backdrop and foliage, so
that the community will also benefit by
the proposed design. Mr. King stated
that the resubdivision has gone before
the Planning Commission and Parks,
Beaches and Recreation Commission, and
was conditionally approved after hearing
testimony, and will be coming back again
after a site plan review, and specific
grading plan review by both of the City
Commissions, as well as the City
Council. He added that the applicant
will provide sidewalks and retaining
wall on Riverside as required by the
Public Works Department, and has offered
to have a cut made on the sidewalk down
to the Riverside post office, so that
residents in the area will not have to
go out into the "dangerous and narrow"
street to access the post office,
restaurants and shops; and will
construct a sidewalk that would provide
linkage to both parks. He stated that
in regards to the slope, the existing
City's topographical map was used for
all of the design, engineering and work
done on the project. He further stated
that the project is consistent with
regard to the zoning plan, that the
applicant is willing to work with the
City and the community, and asked that
the Council support the project.
Hal Woods, applicant, addressed the
Council again, in summation, stating he
felt that after all the public testimony
at the Planning Commission, and Parks,
Beaches and Recreation Commission, the
public hearing process could close at
this time, irrespective of any questions
that need to be resolved, and a ruling
from the Council within two weeks.
Discussion ensued, wherein, Mr. Woods
was advised that the Council may need to
have additional testimony that would
require continuing the public hearing.
Motion was made to continue the public
hearing to May 9, 1988.
Volume 42 - Page 148
Resub 862
COUNCIL MEMBERS
•
•
Motion
All Ayes
X
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
2.
3
Mayor Cox opened the public hearing and
City Council review of:
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 the subject property from
"Recreational and Environmental Open
Space" to "I.ow- Density Residential;"
s_Z!9
RESUBDIVISION NO. 861 - A request of
JAMES C. MANNING, Newport Beach, to
resubdivide property located at 3841
Ocean Birch Drive, zoned R -1 -B, so as to
establish a parcel of land for
single - family residential purposes. The
Proposal also includes a request to
approve a proposed grading plan of the .
site so as to establish grade for the
purpose of measuring height; and the
acceptance of an Environmental Document.
Report from the Planning Department, was
presented.
The City Clerk advised that a letter was
received from James Manning, the
applicant, indicating his willingness to
continue the hearing to May 9, due to
the heavy agenda this evening.
Motion was made to continue the public
hearing to May 9, 1988.
Public hearing regarding proposed
ORDINANCE NO. 88 -10, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
THE PROVISIONS OF SECTION 20.02.064
OF THE NEWPORT BEACH MUNICIPAL CODE
AS IT PERTAINS TO THE INSTALLATION
OF BOAT CRANES ON PROPERTY WITH
MARINE - ORIENTED USES IN EXCESS OF
PERMITTED HEIGHT LIMITS WITHOUT THE
REQUIREMENT OF SECURING A USE
PERMIT OR A VARIANCE; AND THE
ACCEPTANCE OF AN ENVIRONMENTAL
DOCUMENT [PLANNING COMMISSION
AMENDMENT NO. 6601,
was presented for second reading with
report from the Planning Department.
The City Manager, at the request of
the City Council, summarized the
proposed addition to the City's
Municipal Code Section 20.02.064,
Volume 42 - Page 149
LCPA1112/
Manning
(68)
Resub 861
(84)
Ord 88 -10
Zoning/
Instln Boat
Cranes
COUNCIL MEMBERS
ti n A k *0' "'
Motion
All Ayes
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
stating that currently the City Code
permits marine related facilities within
the Cannery Village McFadden and
Mariners Mile Specific Area Plan and
imposes a 26 -foot height limit on the
improvements. Since the adoption of
these regulations, he stated that cranes
exceed the 26 -foot height which would
require a variance or use permit. He
added that it was the unanimous decision
of those members of the Planning
Commission in attendance at the March
24, 1988 meeting to recommend cranes be
placed in the category of Planning
Commission review so that it would still
require discretionary review by them,
and approved up to a height of 70 feet,
which would be much simpler, and less
expensive for boat cranes inherent in
boat operations.
After it was determined that no one in
the audience wished to address the
proposed ordinance, the public hearing
was closed.
Motion was made to adopt Ordinance No.
88 -10, adding provisions of Section
20.02.064 to the Newport Beach Municipal
Code.
Mayor Cox opened the public hearing CDBG /HUD
regarding the PROPOSED "STATEMENT OF (87)
COMMUNITY DEVELOPMENT OBJECTIVES AND
PROPOSED USE OF FUNDS" FOR THE 1988/89
FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
Report from the Planning Department, was
presented.
The City Manager, in summary, stated
that this is a conceptual approval of
a plan for disbursement of Community
Development Block Grant (CDBG) Funds,
subject to a public hearing required by
the CDBG Law. He stated that if the
Council approves the recommendation
before them tonight, it is with the
understanding that it is a concept so
that the City can get the appraisals of
property (for acquisition of the
Christian School property, and in
conjunction with a developer who would
provide moderate -low -cost housing on
some other portions of the property);
the necessary zoning language and
resubdivision approval, then present the
details to the Council at a later date
(budgets and other details will have to
Volume 42 - Page 150
COUNCIL MEMBERS
y
•
•
is
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
be approved by the Planning and Parks,
Beaches and Recreation Commissions
before coming back to the City Council)
for ratification, or denial. If it is
denied, then the project will not go
forward.
The City Manager reviewed the summary
sheet (page 69) of the staff report
regarding the proposed budget for the
1988 -89 CDBG with the Council, citing
the new programs of:
*Emergency Home Repair Grants
°S.C.S. Senior Meals (Corona del
Mar)
*Newport Mesa Girls /Boys Club
*Child Abuse Prev. Ctr. Space
°Northwest Community Center (15th &
Monrovia in the West Newport
Triangle)
Council Member Strauss proposed that the
City Council consider appropriating
$4,000 from Newport Beach, joining the
Cities of Santa Ana, Costa Mesa, and
Irvine, who respectively appropriated
$10,000, $10,000, and $5,000 to the
Share Ourselves (SOS) Free Medical and
Dental Clinic, located at 661 Hamilton,
Costa Mesa, who provide very good and
reedy services for those people that
don't have any money.
Craig Bluell, Senior Planner, addressed
the Council and stated that an
application was sent to SOS, but that
the Planning Department had not received
a response. He added that they did make
application last year and were given a
grant.
Council Member Sansone inquired as to
whether the request for a new building
for Oasis health services, adjacent to
the current building, which was
discussed recently at the Oasis Board
meeting, would qualify for grant funds.
Wherein, the City Manager stated he felt
that it could qualify under this
program, but they had not submitted an
application as yet.
Staff noted that a representative of SOS
was in the audience, wherein, Scott
Mather, Chairman of both Orange Coast
Interfaith Shelter and SOS Medical
Clinic, addressed the Council, stating
Volume 42 - Page 151
CDBG /HUD
COUNCIL MEMBERS
wAG
Motion
• Ayes
•
x
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
that the Board of Directors purposely
did not apply to Newport Beach for
funds, as they are fully funded this
year, but would like to leave the way
open for requests for future years.
Bob Lenard, Advanced Planning Manager,
addressed the Council, stating that it
was not an oversight regarding the Oasis
health center building, but that this
project would come under some other type
of budgetary funding.
The Planning Director added that
Newport Christian High School has been
sold to a party that is going to
continue the high school in another
location. He commented that the
property is also for sale, and this
would be an opportunity for the City to
acquire the existing gymnasium,
classrooms and some parking for an
immediate recreation facility.
After no one else wished to addressed
the Council, the public hearing was
closed.
Council Member Plummer complimented the
staff, citing the need for the West
Newport Community Center, wherein motion
was made to adopt Resolution No. 88 -28,
authorizing the City Manager to submit
the Final Statement and all under-
standings and assurances contained
therein, and to act as the official
representative of the City in connection
with the submission.
E. PUBLIC COMMENTS:
1. Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council suggesting
that agenda staff reports for public
reference be attached to a clipboard in
the lobby so that they cannot be
removed.
2. Sid Soffer, addressed the Council again,
on another item, stating that "The other
item is sort of a touchy item, and it is
his belief that there is a staff member
working for the City of Newport Beach in
the Planning Department as a Planner,
that while being paid by the City of
Newport and the citizens of Newport to
work on Newport projects is, in fact,
working on opposition to the Home Ranch
In Costa Mesa........."
Volume 42 - Page 152
CDBG /HUD
Res 88 -28
COUNCIL MEMBERS
•\aG 0
�9G���A
•
Motion
All Ayes
E
x
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
The City Manager asked for specific
proof, and stated that both he and the
Planning Director will investigate Mr.
Soffer's allegations.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
Schedule for public hearing on May 9, 1988:
(a) Removed from the Consent Calendar.
Pass to second reading on May 9, 1988:
(b) Proposed ORDINANCE NO. 88 -11,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 14.12.090 OF THE NEWPORT
BEACH MUNICIPAL CODE ESTABLISHING
THE BASIC WATER QUANTITY RATE AT 93
CENTS PER HUNDRED CUBIC FEET
EFFECTIVE JULY 1, 1988. (Report
from Utilities Director)
(c) Proposed ORDINANCE NO. 88 -12,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 10.50 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO PUBLIC
NUISANCE ABATEMENT. (Report from
the Assistant City Attorney)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 88 -29 amending
Resolution No. 87 -105, pertaining
to delinquent fees for dog
licenses. (Memo from Business
License Supervisor)
(b) Resolution No. 88 -30 declaring that
weeds and other public nuisances
exist upon streets, alleys,
sidewalks, parkways and private
property within the City; declaring
that said weeds and public
nuisances must be abated; and
setting the time and place for a
public hearing at which the City
Council will consider protests from
persons objecting to the proposed
destruction or removal of such
Volume 42 - Page 153
Ord 88 -11
Utilities/
Basic Wtr
Rate
(89)
Ord 88 -12
Public
Nuisance
Ab tm
(41)
Bus Licns/
Dog Fees
Res 88 -29
(40)
Fire /Weed
Abatement
Res 88 -30
(41)
COUNCIL MEMBERS
•
C
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
public nuisances by the City and
directing the Fire Chief to give
notice of the passage of this
resolution and of the public
hearing. (Report from the Fire
Chief).
(c) Resolution No. 88 -31 approving an Balboa
amendment to the Agreement with the Ycht Ban
California State Department of Rdvlpm
Boating and Waterways (Contract No. Res 88 -31
2370) to provide funding for the C -2370
redevelopment of the Balboa Yacht (38)
Basin and authorizing the Mayor and
City Clerk to execute amendments to
the agreement. (Report from Marine
Director)
(d) Resolution No. 88 -32 expressing
Legislation
support for Senate Bill 2417,
S8 2417
legislation which would repeal the
Res 88 -32
"Fireman's Rule." (Report from
(48)
City Attorney)
(38)
(e) Resolution No. 88 -33 requesting the
PCH /Baysd
Orange County Transportation
Dr /MacArth
Commission (OCTC) to include the
OCFAUFndg
rehabilitation of portions of
Res 88 -33
Pacific Coast Highway between
(74)
Bayside Drive and MacArthur
Boulevard in the Orange County
Federal -Aid Urban (FAU) Fund
Program in Fiscal Year 1988 -89; and
authorize staff to retain ASL
Consulting Engineers to prepare
plans, specifications and estimate
to rehabilitate Pacific Coast
Highway. (Report from Public Works
Department)
(f) Resolution No. 88 -34 prohibiting Parking
parking adjacent to 608 East Balboa Rstrctns/
Boulevard from June 1 through 608 EBa1B1
September 15, and on Saturdays, Res 88 -34
Sundays and holidays from September (63)
16 through May 31. (Report from
Traffic Affairs Committee)
3. CONTRACTS/AGREEMENTS:
(a) Award Contract No. 2532 to George
Ph I Ocn Fr
Dakovich and Sons, Inc., for
Sdwlk Rpr
$133,342.65, for Phase I Ocean
'87/88
Front Sidewalk Repair 1987/88, and
C -2532
authorize the Mayor and City Clerk
(38)
to execute subject contract; and
authorize staff and City Clerk to
execute a contract change order to
maximize available funding for the
property. (Report from Public
Works Department)
Volume 42 - Page'154
COUNCIL
�G \�G
\Z8`�
•
•
•
MEMBERS
A \00,A ,
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
(b) Authorize the Mayor and City Clerk
to execute lease with the Balboa
Yacht Club, Inc., 1801 Bayside
Drive, Corona del Mar. (Report
from Executive Assistant to the
City Manager)
4. COMMUNICATIONS - For referral as indicated:
(a) To Planning Commission for
inclusion in the records, 36
letters from concerned citizens
regarding Emerald Association
project (Use Permit No. 3312).
Note: After the agenda was
printed, nine additional letters
were received regarding the
foregoing.
(b) Removed from the Consent Calendar.
(c) To Code Enforcement, Planning
Department for response, letter
from Eunice Selle regarding
complaint against neighbor on Vista
Bays. for alleged City code
violations.
(d) To Executive Assistant to the City
Manager for reply, Jacque Clark's
comments regarding letter received
from COMCAST after he requested his
service be disconnected due to poor
reception, etc.
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) Louis N. Ballas alleging gas line
broke by tree roots at 1406
Westcliff Drive, seeking
reimbursement of plumbing expense
and additional fees for increase in
gas usage.
(b) Application to Present Late Claim
of Judith Caruthers and Westfield
Ins., Co., alleging personal .
injuries as a result of vehicle
accident on October 9, 1987 on
Irvine Avenue, north of Mesa Drive.
Volume 42 - Page 155
Bal YchtClb
Tdlnds Ls
w /CNB
C -2693
(38)
Planning
Cmsn
(68)
Planning/
Cd Enfrcm
(68)
COMCAST
TV /Clark
(42)
(36)
Ballas
Caruthers/
Westfield
Ins Co
COUNCIL MEMBERS
•
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
(c) Tad R. Johnson and William M.
Daniel alleging personal injuries,
false arrest, etc., on January 22,
1988, at the Balboa Fun Zone by
City Police Department.
(d) Dawn Jordan alleging false arrest,
false imprisonment, emotional
distress, etc., on January 8, 1988
at 2415 E. 16th Street, #9.
(e) Christopher C. Kiehler alleging
damage to personal property as a
result of sewer backup on December
6, 1987 at 4300 -04 Shorecrest Lane.
(f) Rita Ann Loose alleging police
brutality as a result of arrest on
March 15, 1988 at 209 The Grand
Canal.
(g) Kenneth Marx seeking indemnity from
claim filed by Judith Caruthers who
was involved in accident on Irvine
Avenue on February 3, 1988.
(h) Lucile Smith alleging personal
injuries as a result of her
wheelchair dropping into gap
between boards on pier walkway on
ramp of ferry landing at Balboa
Island on April 3, 1988.
(i) Underground Service Alert Co. of .
California seeking indemnity from
City as a result of underground
electric facilities which were
damaged and owned by Southern
California Edison Co., on February
3, 1987 on Pacific Coast Highway
and Jamboree Road.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
Johnson/
Daniel
Jordan
Kiehler
Loose
Marx
Smith
Underground
Service
Alert of CA
(36)
(a) Gerald E. Ellis, Notice of Hearing Ellis
on Petition for Order Permitting
Late Claim, Orange County Superior
Court, Case No. 552738. Claim was
denied by the City Council on
January 11, 1988.
(b) Frances Mauro, guardian for Darlene Mauro
Mauro, Orange County Superior
Court, Case No. 540050. Claim was
denied by City Council on May 11,
1987.
Volume 42 - Page 156
COUNCIL MEMBERS
\\A
CGL
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
(c) Kelly Seals vs. City of Newport
Beach for personal injury and
premises liability, Orange County
Superior Court, Case No. 538016.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Refuse Worker I, General
Services Department.
(b) One Emergency Equipment Dispatcher,
Police Department.
(c) One Police Sergeant, Patrol
Division.
(d) One Utilities Equipment Specialist,
Water Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar.
For Council information and filing:
(b) Report to the City Manager
regarding ACTIONS TAKEN BY THE
PLANNING COMMISSION ON APRIL 7,
1988.
10. PUBLIC HEARING SCHEDULING:
None.
11. Removed from the Consent Calendar.
12. OFFICIAL HISTORY OF NEWPORT BEACH
REVISION - Approve of proposal and
format as contained in memorandum from
Bill Grundy, President of the Newport
Beach Historical Society and James
Felton, Editor of the 1981 Official
History of Newport Beach; authorize City
Manager to execute agreement with
Premier Printing Corp.; and appoint
Mayor Cox and Council Member Strauss as
members of the Ad Hoc City Council City
History Review Committee.
13. FUEL STORAGE TANK REPLACEMENT (CONTRACT
NO. 2679) - Approve Notice of Exemption;
approve plans and specifications; and
authorize City Clerk to advertise for
bids to be opened 11:00 a.m, on May 26,
1988. (Report from Public Works
Department)
Volume 42 - Page 157
Seals
(66)
Planning
(68)
City History
Review/
(35)
Fuel Strg
Tnk Rplcm
C -2679
(38)
COUNCIL MEMBERS
A�G�a��G����� Ct 9di
•
•
11
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
14. Removed from the Consent Calendar.
15. Removed from the Consent Calendar.
16. IMPROVEMENTS IN RESUBDIVISION NO. 843 -
Accept the public improvements
constructed in conjunction with
Resubdivision No. 843 (421 Goldenrod
Avenue and First Avenue); authorize the
City Clerk to release the Faithful
Performance Surety in the form of a cash
deposit (Account No. 02- 217 -02 on April
27, 1987, Receipt No. 06428); and
authorize the City Clerk to release the
Labor and Material Surety in the form of
a cash desposit (Account No. 02- 217 -02
on April 27, 1987, Receipt No. 06428) in
six months provided no claims have been
filed. (Report from Public Works
Department)
17. ENCROACHMENT PERMIT /AGREEMENT AND
CONDITIONAL USE PERMIT NO. 3122 -
Approve issuance of an encroachment
permit to BALBOA LANDING to construct
and maintain a boat rental structure and
decorative paving within the Edgewater
Place, Palm Street and Bay Avenue
rights -of -way; approve and authorize the
Mayor and City Clerk to execute the
agreement and record with the recorder;
and approve and authorize the Mayor and
City Clerk to execute a use permit
agreement guaranteeing completion of a
left turn lane at Balboa Boulevard and
Adams Street required of Use Permit No.
3122. (Report from Public Works
Department)
18. TRACT NO. 12362 - Accept the public
improvements constructed in conjunction
with Tract No. 12362; authorize the City
Clerk to release the Faithful
Performance Surety in the form of a
Passbook Account (No. 44- 09000298) in
the amount of $171,000; and release the
Labor and Material Surety in the form of
a Passbook Account (No. 44- 09000306) in
six months, provided no claims have been
filed. (Report from Public Works
Department)
19. TRACT NO. 12212 - Accept the public
improvements constructed in conjunction
with Tract No. 12212; authorize the City
Clerk to release the Faithful
Performance Surety in the form of a
Passbook Account (No. 44- 09000223) in
the amount of $115,000; and release the
Volume 42 - Page 158
Resub 843
Imprms
(84)
Permit/
Encrchm/
CUP#3122
(88)
Tract 12362
Tract 12212
COUNCIL MEMBERS
,\A `,0
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
Labor and Material Surety in the form of
a Passbook Account (No. 44- 09000231) in
the amount of $115,000 in six months
provided no claims have been filed.
(Report from Public Works Department)
20. TRACT N0. 12529 - Accept the public
Tract 12529
improvements constructed in conjunction
with Tract No. 12529; authorize the City
Clerk to release the Faithful
Performance Surety in the form of
Passbook Account (No. 44- 09000207) in
the amount of $151,000; and release the
Labor and Material Surety in the form of
Passbook Account (No. 44- 09000215) in
six months provided no claims have been
filed. (Report from Public Works
Department)
21. SPECIAL EVENTS PERMITS - Uphold staff's
Permit /Spcl
recommendation for approval, subject to
Evnts
conditions listed in the staff report
(65)
for the following: (Report from
Business License Supervisor)
(a) Application No. 88 -075 - Use Apli#88 -075
of amplified sound in a
residential area by the Balboa
Bay Club for the Chili Cookoff
on May 26, 1988, from 3:00 -
11:00 p.m.;
(b) Application No. 88 -085 - Apli#88 -085
Temporary street closure of
Cliff Drive for Newport
Heights Community Association
annual picnic, May 30, 1988,
10:00 a.m. - 5:00 p.m.;
(c) Application No. 88 -101 - Apli#88 -101
Temporary street closure for
UCI Cycling team, Back Bay,
May 7, 1988, 2:00 - 5:30 p.m.;
(d) Application No. 88 -131 - Use Apli#88 -131
of public beach and use of the
Lido Island turning basin by
the Newport Ski Company to
conduct their annual
sailboarding racing on Monday
evenings through September
from 6:00 - 8:00 p.m.
22. BUDGET AMENDMENTS - For approval: (25)
BA -074, $67,500 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations for production,
Volume 42 - Page 159
COUNCIL MEMBERS
S n di\
\11\� i
Motion
All Ayes
•
CITY OF NEWPORT BEACH
91
MINUTES
April 25, 1988
printing and Editor's expense for
revising the Official 100 year History
of Newport Beach; General Fund. (Refer
to agenda item F -12)
BA -075, $1,000 - Transfer in Budget
Appropriations for Special Refuse
Collection for Cliff Haven Community;
General Services- Refuse Fund.
(Memorandum from General Services
Director w /request from Cliff Haven
Community Association)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the City Attorney regarding Bus Lic/
DISPLAY OF SEXUALLY ORIENTED MATERIAL IN Newsrack
NEWSRACKS, was presented. (27/31)
Motion was made to defer the subject
agenda item to the Study Session of
May 9, 1988, as a result of a request
from the Concerned Women's Group for
public testimony.
2. Report from Public Works Department, Encrchm/
recommending denial of REQUEST OF KHALED Drvwy Prmt
P. WALLACE FOR DRIVEWAY PERMIT to (65)
construct a 16 foot -wide driveway at
2919 Ocean Boulevard, Corona del Mar,
was presented.
Council Member Sansone asked that the
request be reconsidered for approval, as
the City, very shortly, is going to be
building a sidewalk from Big Corona
Beach to Lookout Point, which goes
directly across the applicant's
property. He continued that it would be
more cost effective for the driveway
construction to be coordinated with the
City's contract which has already been
awarded, so that there would not be any
delay in the proposed new sidewalk
construction. He stated that if you
walk across the driveway now, you would
have to step down onto the driveway and
up onto the other side, which is a
safety hazard. He also stated that the
applicant proposes to raise that
driveway so that it will be level with
the adjoining parkway, which will be a
big improvement at considerable expense
to them and they have also proposed to
beautify a fence at the start of their
property at the back of this drive, and
also put in some shrubbery which would
prevent a dangerous condition at one
portion, where small children could
tumble down the bluff. He explained
Volume 42 - Page 160
COUNCIL MEMBERS
ti n di\
.G9,y��GgAA
•
Motion
All Ayes
CITY OF NEWPORT BEACH
X
MINUTES
April 25, 1988
that the current driveway now averages Encrchm/
12 feet in width, and at the house part Drvwy Prmt
of the property it is out to 16 feet, so
the applicant will widen the driveway
another 3 feet, for a total of 15 feet.
The Public Works Director stated that
the City doesn't see any problem with
the proposal, and the change in grade
would be beneficial.
John Lake, owner of property at 2919
Ocean Boulevard, Corona del Mar,
addressed the Council, stating that his
request is to repair an existing
driveway, and bring it up to minimum
standard which is required of any home
being built today. He emphatically
stated that this is not an encroachment,
and he presented a recorded copy of an
easement deed for the purposes of
ingress and egress to Lot #27, which is
the top of the bluff where his house
stands.
The Public Works Director, at the
concern of Council, stated that the
terminology of encroachment permit, as
applied here, refers to any
construction within the right -of -way,
whether it be a drive approach, or a
driveway, and the terminology is also
used for sewer laterals. He added that
it simply is a technical term, and in
this case, the encroachment of some type
of construction within the public
right -of -way.
Mr. Lake accepted the Public Works
Director's explanation, stating that he
merely wants to bring his driveway up to
standards.
Motion was made to approve the driveway
permit, with the condition it be
improved per City standards, and
reconstructed at same grade as adjacent
landscaped right -of -way.
3. Report from Marine Department with
staff's recommendation for approval,
subject to conditions listed in the
staff report for COMMERCIAL ACTIVITIES
HARBOR PERMIT - KWAN LEE OF PARASAILING
ADVENTURES INCORPORATED, to operate a
parasailing business within the City of
Newport Beach at 3400 Via Oporto, Lido
Marina Village, was presented.
Volume 42 - Page 161
Harbor Perm
Cmcl Actv/
Parasailg
(51)
COUNCIL MEMBERS
1 A
A C`p di
Motion
All Ayes
•
Motion x
All Ayes
Motion x
All Ayes
•
x
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
4.
Discussion ensued, wherein this request
would present problems with lack of
parking in the Lido Marina Village, and
potential liability to the City.
The City Attorney stated that the
parasailing activities would be
basically an offshore operation, using
charter boats. He commented that the
City has experienced land -site problems
from commercial activities in the Bay,
and in this particular instance, the
applicant has not evidenced that they
have required parking, adding that
parking in the Lido Marina Village is
oversubscribed by 3 parking spaces
during the day and about 67 spaces at
night.
Motion was made to bring back the
request in 30 days, after reviewing the
parking and insurance liability
problems.
Proposed Ordinance, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
THE PROVISIONS OF SECTIONS
20.30.035B, AND 20.30.040B, AND
20.63.045A TO THE NEWPORT BEACH
MUNICIPAL CODE AS IT PERTAINS TO
ESTABLISHING A NEW OFF- STREET
PARKING REQUIREMENT FOR PUBLIC
ASSEMBLY USES; AND THE ACCEPTANCE
OF AN ENVIRONMENTAL DOCUMENT
(PLANNING COMMISSION AMENDMENT NO.
662],
was presented for first reading and
public hearing scheduling on May 9,
1988, with a report from the Planning
Department.
Motion was made to schedule the proposed
ordinance for further discussion at the
May 9, 1988, Study Session, before
bringing it back to Council.
5. Motion was made to refer letter from
Joan Cooper protesting James Robinson's
request for variance to extend the
height of a block wall at 210 Pearl,
Balboa Island, to the Planning
Department for response, with carbon
copy to Council.
Volume 42 - Page 162
Harbor Perm
Cmcl Actv/
Parasailg
Zoning/
Dff -St Pkg
Asmbly Use
(94)
PCA 662
Planning/
Variance
(68)
COUNCIL MEMBERS
\ ,A '0
S �
Ll
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988 .
6. Report from Public Works Department
recommending denial of ENCROACHMENT
PERMIT APPEAL OF SIDNEY BICKEL for an
application to construct masonry walls
encroaching up to 7 feet into 38th
street adjacent to 3801 Seashore Drive,
was presented.
Sidney Bickel, 3801 Seashore Drive,
applicant, addressed the Council and
asked that they overrule the denial of
Public Works to leave standing a wall
that she had constructed on her property
as an improvement and protective buffer
from the sand. She added that she
realizes now, she has not taken the
proper steps through the City's permit
process before making the improvements,
but feels that the City should recognize
the time and expense that homeowners
have spent in improving the appearance
of West Newport.
John Vestal, 3713 Seashore Drive,
President of the West Newport Beach
Association, and neighbor of Sidney
Bickel, addressed the Council stating
that he is speaking on behalf of, and in
support of Sidney Bickel. He commented
that by her own admission, she has erred
in judgement by making the improvements,
but about 80% of the residences going
down to the river have made similar
improvements along Seashore Drive, and
the results are unbelievable. Mr.
Vestal stated that if she were to leave
it as it was; it becomes a used parking
lot where vehicles have to be towed; and
it becomes a backdrop for litter and
unsanitary habits by those persons using
the beach. He suggested that it become
a matter of policy that all beach front
property owners who live on access
streets to the sand be required to
construct similar improvements, and
further,.that the City support this
program by helping and add some trees to
beautify this part of Newport Beach.
The Public Works Director stated that
Mr. Vestal has made a very good point,
and that ocean front street ends has
been studied for a number of years, so
these issues are not brand new. He
added that the concept.of a City plan
was reviewed by staff, Parks, Beaches
and Recreation, and the City Council
approved standard drawings outlining
improvement work on street ends. He
Volume 42 — Page 163
Permit/
Bickel
Encrchm
(6.5)
COUNCIL MEMBERS
S n\
is
Motion
Ra
CITY OF NEWPORT BEACH
Ayes x x x x
Noes x x x
•
MINUTES
April 25, 1988
further added, that staff's Permit/
recommendation for denial is because Bickel
Sidney Bickel's improvement does not Encrchm
conform to those standards, and because
it is a very substantial encroachment
into the right -of -way.
Discussion ensued, wherein Council
Member Plummer stated that she would
compromise and make a motion to
temporarily allow the 4 foot front wall
encroachment, which serves as a
protective barrier, pending further
study and action regarding the ocean
front street end problem, but that the
30 -foot portion nearest Seashore Drive,
which encroaches 7 feet, not be approved
and would have to be removed.
Mayor Pro Tem Hart stated that she was
not going to support the motion, and
agreed that some definite standards will
have to be approved.
The motion was voted on and carried.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
1. Report dated from Public Works regarding CalTrans
ACCESS TO COAST HIGHWAY FROM CALTRANS East /Hoag
EAST PARCEL, was presented. (74)
The City Manager stated he was advised
this evening, that it is understood
Balboa Coves Community Association and
Hoag Hospital have reached an agreement,
and the only remaining concern is the
sound wall, which the homeowners
association indicates they would like to
negotiate with the City and complete the
negotiations within 45 to 60 days before
the improvement plans are approved by
the City for bid. He added that the
homeowners association has also dropped
off tonight, about five or six copies of
the sound studies they had commissioned
two weeks ago.
The City Manager explained that the
alternative on the sound wall is, if the
sound studies raise the level of the LEQ
sound noise, then it is eligible for
State funding, and the sound wall can be
put in. If it does not meet those
Volume 42 - Page 164
COUNCIL MEMBERS
•
is
Motion
All Ayes
is
x
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
standards, then the State will say no CalTrans
and then the City and the homeowners East /Hoag
association would have to negotiate some
arrangement for installation of the
balance of the sound walls.
The Public Works Director commented that
staff asked CalTrans to perform some
additional sound studies, but CalTrans
was delayed by the recent rains, and
when completed their studies can be
compared with the studies done by the
Balboa Coves Community Association
engineer.
Robert Coles, 50 Balboa Coves, addressed
the Council, stating that the City
Manager has explained the process very
clearly, and added that they do have a
very good engineering company. Parsons
of Pasadena, an international firm. The
report will show that there is quite a
bit of sound in excess of the State
minimum for a wall. He feels very
confident based on that report that the
State is going to agree with the
figures, and asked that Council give
the association an opportunity before
approving the drawings to either get a
wall from the State, or discuss a
different wall with the City, then they
would be happy with the result.
Discussion ensued, wherein motion was
made to adopt Resolution No. 88 -35
rescinding Resolution No. 83 -53, and
approving direct access to Pacific Coast
Highway from the former CalTrans East
Parcel (now owned by Hoag Hospital); and
signal and sound wall to be reviewed by
homeowners association.
2. Report from Public Works Department
regarding AVON STREET PARKING
IMPROVEMENTS, was presented.
The City Manager stated that during the
past month, the Council had received a
number of letters principally from the
Newport Heights Homeowners Association
and others including the Science
Facilities at Harbor High School
considering the City's plans to improve
Avon Street as a street and vertical
parking. The letters were referred to
staff for report back to Council on the
status, stating that there are two
options, which is to continue the
project as outlined, or discontinue the
project based upon the information
presented tonight.
Volume 42 - Page 165
Res 88 -35
Avon St/
Pkg Imprvm
(74)
COUNCIL MEMBERS
w00,
�Z��G�i9�l,
•
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
The Public Works Director stated that he
would like to add two points to respond
to Council inquiry: 1) That it has been
determined that an EIR, rather than a
Negative Declaration will be required
for this project, and if the Council
does not discontinue the project, a full
EIR will be prepared, which will carry
with it the procedure involving a public
hearing; and 2) The City had hoped that
the soils engineering was completed so
that the results could have been
included in the status report. If the
Council decides to go ahead with the
project at this point, the environmental
work and engineering work would be done,
but no action would be taken on actually
constructing the project without further
hearing.
Discussion ensued regarding the relation
of this project with the installation of
the storm drains at Riverside and Avon,
wherein the Public Works Director stated
the total project includes storm drain
construction on Avon Street that would
connect to other drains.
The City Manager explained that if this
project proceeded, the smaller drain
that was constructed at Avon would
discharge into the larger drain that
crosses underneath the Pacific Coast
Highway, and that would be constructed
regardless of what is done on Avon.
Virginia Herberts, 2290 Channel Road,
Balboa, and Parks, Beaches and
Recreation Commissioner, addressed the
Council, stating that she has not
spoken about this project to the
Commission members as yet, but is
recommending that the Council
discontinue the subject project for
several reasons. She referred to the
information received from the Science
Department to preserve this wetland and
from the biology teacher at Harbor High,
stating that the young people that come
to the nature camp study this ecosystem
and it has been used for many years in
this way. She stated that since living
in this area for over 22 years, she is
aware that among the reeds growing
there, redwing blackbirds nest, which is
quite unusual. In summation, she stated
that there is already more than adequate
parking west of Tustin behind Mariners
Volume 42 — Page 166
Avon St/
Pkg Imprvm
COUNCIL MEMBERS
'5'
-��G�tw�P�
•
•
•
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
Mile that is not being used by the Post
Office Department employees, and to put
in more parking would not justify
wiping out this delicate area.
Jan Vandersloot, 2221 16th Street,
Newport Heights, addressed the Council,
stating that he has been involved with
this particular project for the past six
months because he, his son and daughter
frequent the creek and study the fish,
and because: he feels that it is a fresh
water natural spring, which may be
coming from as much as 100 feet below
the ground level. He also stated that
the City should review the density
occurring in the Mariners Mile area that
leads to the need for more parking, as
he feels that this "little" parking lot
is designed to satisfy parking concerns.
He continued that where the hillside
will be excavated away, there exists an
old Indian tar mine, which has been
designated by the Indian Nation as a
sacred Indian site. He added that there
is support for retaining the wetlands
area as an educational resource that
includes Indian history and culture, and
would ask that the Council think about
this and vote to discontinue the
project.
Marian Rayl, 426 San Bernardino Avenue,
addressed the Council, regarding the
preservation of the wetlands, and
parking of the Riverside Post Office
employees and employees of the adjacent
businesses. She referred to a survey
that the Newport Heights Community
Association conducted, wherein the
results indicated that the City parking
lot would not be utilized as intended,
citing reasons given by the businesses
as to why their employees park on the
streets. She stated that their
association is worried about the lights
at night, loss of trees, noise, and
additional traffic, commenting further
that the present commercial area is
overbuilt and was approved with
inadequate parking, and that the
existing City parking lot at Avon and
Tustin Avenues provides ample parking
for this area, but is not being used to
its capacity. She suggested that the
City improve lighting along Avon to
Tustin, and that they explore a parking
agreement with the Post Office employees
and employees of the merchants in the
center to use the City lots for parking
Volume 42 — Page 167
Avon St(
Pkg Imprvm
COUNCIL MEMBERS
,AGyZ,o�G y4p� c+�yc may\
0
Motion
Ayes
Noes x x
Motion
Ayes x x
Noes
40
CITY OF NEWPORT BEACH
MINUTES
April 25, 1988
needs. She stated that while the
present plan may benefit the customers
of the center, it does not address the
employees parking needs and is
negatively impacting the community and
asked the Council to please discontinue
the project, spend the $700,000 in some
other place, and that they are very
happy with the area just the way it is
now.
Discussion ensued, regarding the
the street improvements required by the
Newport Imports project to pave half of
the road and the City pave the other
half, and the need to go ahead with the
EIR, which would give alternatives as to
whether the proposed retaining wall
could be eliminated, the need for
perpendicular parking, and what effect
the project would have on the streamlet.
Council Member Strauss commented that he
would not support this, and made a
motion to discontinue the project, which
motion FAILED.
Motion was made to continue the project
as outlined in the staff report.
S. CURRENT BUSINESS:
1. Request from Norbert Bojarski to address
the Council concerning alleged lack of
enforcement of the City's ordinance
restricting door -to -door solicitation,
was presented.
It was noted that Mr.Bojarski left the
meeting apparently due to the late hour,
as he was not in the audience, and
therefore his request was filed.
Meeting adjourned at 11:55 p.m.
The agenda for this meeting was
posted on April 21, 1988 at 8:20
a.m., on the City Hall Bulletin
Board locaW outside of the City
of Newpo Be cy*jdministratAon
ATTEST:
City Clerk
Volume 42 - Page 168
Avon St/
Pkg Imprvm
Bus Lic/
Bojarski
(27)
x
x
x
x
x
x
x
x
x
x
x
x
MINUTES
April 25, 1988
needs. She stated that while the
present plan may benefit the customers
of the center, it does not address the
employees parking needs and is
negatively impacting the community and
asked the Council to please discontinue
the project, spend the $700,000 in some
other place, and that they are very
happy with the area just the way it is
now.
Discussion ensued, regarding the
the street improvements required by the
Newport Imports project to pave half of
the road and the City pave the other
half, and the need to go ahead with the
EIR, which would give alternatives as to
whether the proposed retaining wall
could be eliminated, the need for
perpendicular parking, and what effect
the project would have on the streamlet.
Council Member Strauss commented that he
would not support this, and made a
motion to discontinue the project, which
motion FAILED.
Motion was made to continue the project
as outlined in the staff report.
S. CURRENT BUSINESS:
1. Request from Norbert Bojarski to address
the Council concerning alleged lack of
enforcement of the City's ordinance
restricting door -to -door solicitation,
was presented.
It was noted that Mr.Bojarski left the
meeting apparently due to the late hour,
as he was not in the audience, and
therefore his request was filed.
Meeting adjourned at 11:55 p.m.
The agenda for this meeting was
posted on April 21, 1988 at 8:20
a.m., on the City Hall Bulletin
Board locaW outside of the City
of Newpo Be cy*jdministratAon
ATTEST:
City Clerk
Volume 42 - Page 168
Avon St/
Pkg Imprvm
Bus Lic/
Bojarski
(27)