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Home My WebLink About11/28/1988 - Regular MeetingCOUNCIL MEMBERS s ROLL 0sent ent Motion All Ayes Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING 9� PLACE: Council Chambers TIME: 7:30 P.M. DATE: November 28, 1988 x x x x x l x x X x x Mayor Strauss presented Proclamations to nineteen 1988 OLYMPIC ATHLETES affiliated with the Newport Beach community. A. ROLL CALL. B. Reading of Minutes of Meeting of November 14, 1988, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Strauss opened the public hearing Ord 88 -44 regarding proposed ORDINANCE NO. 88 -44, Emergency being, Services (28) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 2.20 PERTAINING TO EMERGENCY SERVICES AND PROCLAMATIONS, was presented for second reading with recycled report from Executive Assistant to the City Manager, dated November 14, 1988. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 88 -44. E. PUBLIC COMMENTS: Sid Soffer, 900 Arbor Street, Costa Annual Pkg Mesa, addressed the Council and stated Fee /Incrs that he was in concurrence with the proposed increase from $50 to $55 for the Annual Parking Permit. Mr. Soffer stated he also noted that the American Flag located in front of City Hall had not been lowered and was flying in the dark, to which the City Manager stated he would have it lowered immediately. Volume 42 - Page 518 COUNCIL MEMBERS �, o A y \ G�Z O� `G3 ,p9G s DAR I nw, , �.. S Motion All Ayes • • 0 ix CITY OF NEWPORT BEACH 9\ �A MINUTES November 28, 1988 'F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR Pass to second reading on December 12, 1988 - (a) Proposed ORDINANCE NO. 88 -45, Ord 88 -45 being, P.E.R.S. Retirement AN ORDINANCE OF THE CITY (66) COUNCIL OF THE CITY OF NEWPORT BEACH'S INTENTION TO AMEND THE CONTRACT BETWEEN THE CITY AND THE PUBLIC EMPLOYEES RETIREMENT SYSTEM (P.E.R.S.). [Report from Personnel Director] Schedule for public hearing on December 12, 1988: (b) Proposed ORDINANCE NO. 88 -46, Ord 88 -46 being. Zoning (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 SO AS TO ESTABLISH REGULATIONS PERTAINING TO GRANNY UNITS ON RESIDENTIAL LOTS IN THE CITY OF NEWPORT BEACH [PLANNING COMMISSION AMENDMENT NO. 6701. PCA 670 (Report from Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -115 declaring the Vacation/ City "s intention to vacate an Sewer Esm easement for sewer purposes Res 88 -115 crossing lot 18, block 732, Corona (90) del Mar Tract (Resubdivision No. 792); accepting a map showing the easement to be vacated; and setting January 9, 1989, as the date for the public hearing concerning the intended vacation. (Report from Public Works Department) (b) Resolution No. 88 -116 establishing IParking fee :increase for ANNUAL PARKING permit /Anul PERMIT. (Report from Offstreet Fee Incr Parking Committee) Res 88 -116 (40) Volume 42 - Page 519 COUNCIL • CI C CITY OF NEWPORT MEMBERS November 28, 1988 BEACH MINUTES (c) Resolution No. 88 -117 supporting an UCI /Exprs Express Shuttle System between the Shtl Sys Balboa Island area and the UCI Res 88 -117 Campus. (Memorandum from the City (52) Manager) (d) Resolution No. 88 -118 supporting a program to prevent students who have been drinking alcoholic beverages from driving. 3. CONTRACTS/AGREEMENTS: (a) Approve Agreement with Lido Sands Community Association for CONSTRUCTION-OF SOUND WALL AND LANDSCAPING; and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) (b) Approve Agreement with HOAG HOSPITAL FOR WIDENING OF PACIFIC COAST HIGHWAY; and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works Department) (c) Find that the apparent low bidder, All American Asphalt, is not the correct low bidder; award Contract No. 2708 to Industrial Asphalt in the amount of $576,777.42, for 1988-89 STREET RESURFACING PROGRAM; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation Commission for report back, letter from Central Newport Beach Community Association endorsing suggestions regarding closing of beaches at 10 p.m.; regulations against sleeping on the beach or outdoor areas; widening of the Litter Free Zone to include the beach at 15th Street, etc.; and planting and upkeep of flowers around the palm trees in the center divider on Balboa Boulevard on the Balboa Peninsula. Volume 42 - Page 520 UCI /Safe- rides Prg Res 88 -118 (52) Lido Sands C/A Agm/ Snd W1 & Lndscpg C -2725 (38) PCH Widng Hoag Hsptl Agm /Hghlnd Npt B1 C -2591 (38) 1988 -89 St Rsrfcg Prg Indus Asphl C -2708 (38) PB &R (62) COUNCIL MEMBERS G�y�O� \�ALL CALL \P ar CITY OF NEWPORT BEACH �9\ November 28, 1988 MINUTES GS (44) PD (70) Planning (68) (36) Page s /John (b) To General Services for response, letter from 0. K. Englund requesting the use of mechanical blowers be rescinded. • (c) To the Police Department for response, letter of complaint from Jim Fournier regarding the towing company's policy toward towing his neighbor's abandoned car. (d) To Planning Department for response, letter from Board of Directors of Bayshores Community Association regarding complaint of residents in the Crestview area alleging excessive noise levels from the McDonald's drive -thru service speakers. 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) Harbor Lights (John Dominis Marina) alleging damage as a result of sewer backup on November 15, 1988, on 2901 W. Pacific Coast Highway. (b) Roland Hillis alleging personal injuries as a result of being rear-.ended by City vehicle, on October 10, 1988 on Balboa Boulevard. (c) Tina Mazzeo alleging damage to hood of car as a result of street sign falling onto it on October 9, 1988, at 721 Fernleaf Avenue, Corona del Mar. (d) Diane McKenna alleging damage to vehicle by City Police Officers on August 18, 1988 at the 300 Block of E. Balboa Boulevard. (e) Guy Page alleging physical abuse by City Police Officers on August 18, 1988, at the 300 Block of E. Balboa Boulevard. • Volume 42 - Page 521 GS (44) PD (70) Planning (68) (36) Page s /John CITY OF NEWPORT BEACH COUNCIL MEMBERS 'ft 9 + "k � A 9 \0� • • • MINUTES November 28, 1988 (f) Robert Pone alleging his 30' Catalina sailboat damaged as a result of students enrolled in City recreation sailing lesson program hit it in their Lido 14 vessel on October 30, 1988, at Newport Harbor Mooring No. J -42. (g) Helen Marie Ray alleging damage to property as -a result of sewer line rupturing on August 11, 1988, at 408 Hazel Drive. (h) Studio Cafe seeking indemnity from claim filed by Carolyn Sylvester who was injured while rollerskating on the boardwalk near the Studio Cafe on June 17, 1987, Balboa Peninsula. (1) Traffic Signal Hardware seeking indemnity from claim filed by Barbara Roy regarding bicycle accident near 15th Street and West Balboa Boulevard. (j) Charles Walke alleging personal injuries as a result of being involved in rear -end collision with City vehicle on October 10, 1988, on Balboa Boulevard. (k) Jeffrey A. Williams alleging personal injuries as a result of hitting chain extending between two poles at west Oceanfront and 13th Street on August 19, 1988. (1) Scott A. Witherspoon alleging damage to vehicle as a result of drainage problem at Miramar onto "M" Street on August 7, 1988. (m) Joseph E. Toczydlowski, III alleging personal injuries as a result of defective road or pathway in front of 706 W. Oceanfront on September 12, 1988. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Richard Howell for negligence, etc., Orange County Superior Court, Case No. 567016. Claim was denied by City Council on September 12, 1988. Volume 42 - Page 522 Cafe Hrdwr, COUNCIL MEMBERS \q A y\ AL O0 P9G LL 9 �0 BAs CITY OF NEWPORT BEACH November 28, 1988 MINUTES (66) 69) 40) (94) e1 672 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Equipment Operator I, Parks • Division. (b) One Sr. Building Inspector, Building Department. (c) One Building Inspector I, Building Department. (d) One :Building Maintenance Worker I, Parks, Beaches and Recreation Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City Manager regarding Council Policy Manual proposed modifications. For Council information and filing: (b) Removed from the Consent Calendar. (c) FINANCIAL REPORT from Kings, • Henslee and Jackson, CPA's for Fiscal Year 1987 -88. 10. PUBLIC HEARING SCHEDULING - December 12, 1988: (a) PLANNING COMMISSION AMENDMENT NO. 672 - A request of ROBERT W. FORSTROM, Balboa, to amend the BLOCK 400 PLANNED COMMUNITY DEVELOPMENT PLAN so as to establish restaurants as a permitted use within AREA ONE of the Planned Community, subject to the approval of a use permit in each case. Property bounded by Newport Center Drive, San Miguel Drive, Avocado Avenue and San Nicolas Drive, Newport Center. (Report from Planning Department) 11. Removed from the Consent Calendar. 12. NONSTANDARD ENCROACHMENT AGREEMENT FOR DR. CHRISTIAN AND MRS. TERRY L. BELLARDI - Approve an encroachment agreement for • nonstandard improvements over a public utilities and sewer easement within the limits of a private road; and authorize the Mayor and City Clerk to execute the Volume 42 - Page 523 (66) 69) 40) (94) e1 672 COUNCIL MEMBERS \C 0 3��9 gyp \F., Gd+�� • Motion All Ayes • CITY OF NEWPORT BEACH 9\ X MINUTES November 28, 1988 agreement and record subject agreement with the recorder. (Report from Utilities Department) 13. Removed from the Consent Calendar. 14. ACCEPTANCE: OF TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS LOCATIONS /CONTRACT NO. 2681 - Accept the work; and 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 Public Works Department) 15. CONSTRUCT CLASSROOM AT OASIS /CONTRACT NO. 2663 - Accept the work; approve an extension of time of 92 calendar days; and 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 Public Works Department) (38) (38) Sgnl Clsrm 16. BOYS REPUBLIC REQUEST - Approve request JBoys Rpblc for donation of used photo copier to the Misc Rqst Boys Republic, a nonprofit organization, (52) from City of Newport Beach. (Memo from Purchasing Agent) 17. BUDGET AMENDMENTS - For approval: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. APPLICATION OF DONALD ZELLNER with report from Public Works Department recommending approval to construct encroachments, subject to conditions, was presented. Motion was made to approve the application to construct steel fence, subject to condition that the fence be coordinated with the Arts Commission to assure compatibility with the improvements being made at Inspiration Point and bluff preservation; planters up to 4 feet in height; grade beams supporting a driveway; and nonstandard pavement in the service road, all encroaching 12 feet into the public right -of -way adjacent to 3601 Ocean Boulevard, Corona del Mar,; subject to (a) execution of an agreement for nonstandard improvements; Volume 42 - Page 524 (65) CITY OF NEWPORT BEACH COUNCIL MEMBERS IV v � .V�� y� November 28, 1988 • Motion All Ayes • / 11 u X (b) encroachment permit from the Public Works Department; and (c) building permit from the Building Department. MINUTES 2. Report from the Planning Department to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON NOVEMBER 9, 1988, was presented. Motion was made to schedule public hearing on December 12, 1988, for Use Permit No. 3330, McFadden Square area; remaining items received and filed. 3. Report from the Planning Department was presented regarding PROPOSED GENERAL PLAN AMENDMENT NO. 88 -2, which recommended that the Planning Commission decision be sustained and initiate amendments to the General Plan and LCP Land Use flan as follows: (a) Request of Piero Serra to amend the Land Use Element of the General Plan for property in the McFadden Square area from residential to commercial in order to allow the expansion of the Portafino Hotel. The proposal will also require an amendment to the LCP Land Use Plan. (b) Request of Toyota Motor Sales to amend the Land Use Element of the General Plan for the Toyota facility located at 2800 Jamboree Road (Area 1 of the North Ford Planned Community). The proposal consists of increasing the total allowable development on site by 24,150 square feet. (c) Housing Element Update to comply with State Law. (d) Public Safety Element Update to make consistent with recent changes in State law. The Planning Director stated that since the Planning Commission's consideration of the proposed General Plan amendments, staff has been contacted by St. James Episcopal Church regarding expansion of their existing facility, as requested in their letter dated November 22, 1988; and it now appears that they intend to expand the existing facility, rather Volume 42 - Page 525 Planning (68) GPA 88 -2 (45) CITY OF NEWPORT BEACH COUNCIL MEMBERS q m� y s9 Z\ \11\� S0 • • Motion All Ayes u X MINUTES November 28, 1988 than sell the site for conversion to GPA 88 -2 retail use and relocate the Church to another site. The General Plan Land Use Element now designates the site for "Retail and Service Commercial" uses for two years, after which it will automatically convert to "Governmental, Educational, and Institutional Facilities" uses. During this two -year interim period, the Church is legal nonconforming with respect to the General Plan. This does not affect the current use of the existing building; however, it does restrict the expansion of the facility. The FAR of the proposed expansion would also exceed the (.5/.75) FAR allowed under either the commercial. or institutional designation. It is, therefore, suggested that a General.Pl.an Amendment be initiated for this site and the Bank of Newport site (which would be included to transfer development rights). It will also be necessary to approve a zone change and use permit:, which will be processed concurrently. Frank Trane, 2018 E. Bayfront, representi'.ng St. James Episcopal Church, addressed the Council and stated that during consideration of the recent General Plan revisions, the church was unaware that an institutional use on commercial property was nonconforming. They are, therefore, requesting a General Plan Amendment so as to expand the church use on the existing site. Motion was made to approve the recommendation of the Planning Commission, as set forth in the above, with the addition of item "(e) Request of St. James Episcopal Church." H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works Department Permit/ regarding APPLICATION OF NANCY FOSTER TO Encrch CONSTRUCT 20 INCH HIGH RAISED PATIO AND (65) 36 INCH HIGH FENCE ON TOP OF PATIO, ALL ENCROACHING 2.5 FEET INTO THE PUBLIC RIGHT -OF -WAY ADJACENT TO 229 OPAL AVENUE, BALBOA ISLAND, was presented. Volume 42 - Page 526 CITY OF NEWPORT BEACH COUNCIL MEMBERS \4'A\ GC 9� November 28, 19138 AA Motion • • • X MINUTES Council Member Watt expressed her concerns regarding this issue, and indicated that there is no clear policy concerning front patios in terms of their encroachment into the setback area. She stated that she had contacted the President of the Balboa Island Improvement Association, and was informed that their approval of the subject application was not unanimous and conflicting discussions did occur. She stated it would be her motion that the application be denied, inasmuch as there are no other similar encroachments on Opal Avenue, and no precedent has been set, and that the staff be directed to work with the Balboa Island Improvement Association to establish an overall general policy on this matter so that in the future each such request is not considered on a case -by -case basis. The City Manager stated that approximately 10 years ago, the Federal Flood Insurance Administration formulated some policies dealing with the "living area" elevation of homes to qualify for flood insurance, which did affect some areas of the City, namely Balboa Island and the Peninsula, and stated that when reconstruction, or remodeling did occur, the property owner was required to raise the "living area" in order to qualify for flood insurance. This "living area" does not include garages or patios. Discussion ensued, wherein the Public Works Director stated that the request under consideration does differ from previous applications on the Island, inasmuch as the other applications were on the Bayfront. He stated the streets on the Island have a limited right -of -way width in most cases of only 40 feet, and to take 2' feet on one side would be a further restriction of what is already now a very narrow right -of -way. He stated it was a matter that warrants careful attention, and pointed out that pursuant to Council Policy L -6, the subject encroachment is not permitted unless specific action is taken by the Council to allow it, and therefore,, denial of the application would be consistent with the policy. Volume 42 - Page 527 Permit/ Encrch COUNCIL C, �• off\ �9 Ayes CITY OF NEWPORT BEACH MEMBERS 39�_k0 z� November 28, 1988 MINUTES Council Member Hart indicated she would prefer to review this application again on December 12, if possible, rather than to deny the request at this time. Following further Council comments and consideration, the motion was amended to refer this item back to staff to meet with representatives of the Balboa Island Improvement Association regarding a possible: change in Council policy, and to report back on December 12, 1988, or January 9, 1989. Meeting adjourned at 8:40 p.m. * * it * * * i* * * * * * The agenda for this meeting was posted on November 23, 1988, at 3:00 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. r. ATTEST: Volume 42 — Page 528 Permit/ Encrch