HomeMy WebLinkAbout04/24/1989 - Regular MeetingJ
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CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
co y PLACE: Council Chambers
TIME: 7:30 P.M.
V►� DATE: April 24, 1989
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Mayor Strauss presented a Proclamation in
recognition of Professional Secretaries Week.
Mayor Strauss also presented Proclamations to
the five Drug Abuse Resistance Education
Program essay contest winners.
A. ROLL CALL.
B. Reading of Minutes of Meeting of April
10, 1989, 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 Strauss opened the public hearing
and City Council review of:
TRAFFIC STUDY NO. 54 A request of
EMERALD ASSOCIATES, Newport Beach, to
approve a traffic study so as to permit
the construction of an 85 unit elderly '
personal care facility located at 3901
East Coast Highway, Corona del Mar;
zoned P -C;
Krk01
USE PERMIT NO. 3342 A request of
EMERALD ASSOCIATES, Newport Beach, to
permit the construction of an 85 unit
elderly personal care facility on
property located in the P -C District.
The proposal also includes a request to
allow a portion of the structure to
exceed the 32 foot basic height limit in
the 32/50 Height Limitation District; a
request to establish an off - street
parking requirement based on a
demonstrated formula; a modification to
the Zoning Code so as to allow the use
of tandem parking spaces in conjunction
with a full -time valet parking service;
and the acceptance of an Environmental
Document.
Report from the Planning Department.
Letters to Council with 75 signatures in
favor of subject project.
Letters to Council with 130 signatures
in opposition to subject project.
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U/P 3342
Emerald
(88)
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The City Clerk advised that after the U/P 3342
agenda was printed, 56 additional
signatures were received in favor of the
subject project, and 148 signatures in
opposition.
David Neish, representing the
applicants, addressed the Council and
summarized the proposal. He stated they
felt the facility is unique to the
property and is compatible with the
recently adopted General Plan. The
project represents a 300% reduction in
traffic, compared with present use on
the site, and has been reduced in size
from 120 to 85 units. The building was
originally designed with 66,500 sq. ft.,
but has been reduced to 50,060 sq. ft.;
landscaped areas have increased from 57%
to 63 %; and heights have been lowered
and setbacks increased. After a land
use analysis was completed on the site,
they felt the proposed elderly care
facility was the best use for the
property.-
Sohn Christeson, Vice - President of
Emerald Associates, addressed the
Council in support of their request. He
stated they were aware that traffic was
a major concern, but inasmuch as the
residents residing at the facility would
not be driving, there would be one -tenth
of the traffic currently generated by a
commercial use permitted under the new
General Plan. With regard to open
space, they propose a 22,000 sq. ft.
front yard with 63% landscaped as open
area. He compared the differences
between single - family use and senior
housing on the site relating to traffic,
building height, parking, floor area
ratios, etc. He stated he felt the City
needs a personal care facility of this
type and that it would be a definite
asset to the community.
Victor Regnier, Associate Professor of
Gerontology and Architecture at USC,
addressed the Council on behalf of the
applicants and stated that he has
visited approximately 200 -250 senior
care facilities in the United States and
Europe, and in the past 10 years, he has
worked on approximately 80 senior
projects varying in size from 20 to 1400
units. He felt the site was excellent
for the proposed project, inasmuch as it
provides access to Pacific Coast Highway
as well as easy access to visitors of
the facility. He stated that older
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Volume 43 - Page 142
U/P 3342
persons have a desire to be located in
an area where there is street activity,
and also where there is a passive view
of the ocean. He advised that there is
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a crisis as to the need for senior
housing for those persons older than 75
years of age, and that the proposed
project will only fulfill one -third of
the demand. In conclusion, he commented
that the City "desperately" needs this
type of facility, and urged approval.
Emily Headly, Vice - President of
Transamerica Retirement Properties,
addressed the Council on behalf of the
applicants, and stated that if the
project is approved, their property
management company would operate the
facility. She explained the difference
between residential, convalescent and
congregate care pursuant to State
regulations. With regard to employee
parking, she felt that less than half of
the staff would be driving their own
automobiles and others would be
carpooling, or using public
transportation. Concerning any increase
in traffic, their busiest time would be
the change in shifts at 9:00 a.m. and
7:00 p.m. She also estimates only eight
deliveries per week. She summarized the
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"manning" of the facility, and indicated
there would be one skilled attendant per
25 occupants. She stated that the
average age of residents in a personal
care facility is 77, but that legally
they are required to accept anyone 62
years of age or older.
In response to question raised by
Council Member Sansone, Mr. Regnier
stated that noise is a major issue which
they attempt to mitigate when designing
a building. As to air pollution and
emission from vehicles along Pacific
Coast Highway, Mr. Regnier indicated he
felt it was not a serious problem,
inasmuch as the residents would be
living near the ocean, which could be of
some benefit to those persons who may
have emphysema, respiratory problems,
etc.
Mr. Neish addressed the Council again
and closed his remarks as follows:
1) The proposal will generate
considerable less traffic than the
current existing project;
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2) The proposal represents the
least intense project in terms of
overall traffic generation as
compared with any other land use;
3) 63% of site will be open space.
With regard to the proposed 42 parking
spaces, Mr. Neish stated that if all the
employees drive individually to the
facility each day, there will still be
ample parking space to accommodate them.
He stated they concur in the findings
and recommendations of the staff and
request the City Council to uphold the
recommendation of the Planning
Commission.
In response to question raised by Mayor
Pro Tem Plummer, Mr. Neish stated that
the applicant will commit to improving
the City -owned open space area adjacent
to the subject property for a view park
purpose. He also stated they would
donate to the City any trees currently
on the site that they could not use in
the project.
With regard to the parking question
raised by Council Member Turner, Mr.
Neish advised that a condition was added
by the Planning Commission, which states
that "the garden area above the
subterranean parking lot shall be
constructed of building materials that
will permit said garden area to be
converted to additional parking spaces,
if needed, in the future." He also
commented that they are looking into the
feasibility of ,allowing some of the Five
Crown Restaurant employees to park at
the proposed senior facility in the
evening, and therefore, they would not
have to park on the public streets.
In response to inquiry of Council Member
Hart regarding possible development
standards for this project, the Planning
Director stated that the subject
property is in a P -C Zone, and there are
three methods in which a development
plan can be adopted for a
planned - community district, i.e., 1)
reference to an existing zoning
district, or a combination of different
zoning districts; 2) a "custom" zoning
ordinance for this particular piece of
property which would set forth
development standards for a specific
Volume 43 - Page 143
U/P 3342
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U/P 3342
type of use; or 3) be site specific and
come back to the City Council with a
specific proposal. He stated it is not
the staff's intention to come back to
the City Council at any future date with
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specific development standards for
assisted living or congregate care
facilities outside of what has already
been presented.
In response to question raised by
Council Member Hart regarding total
gross area footage, Mr. Neish reported
that said amount is 50,060 sq. ft., not
including the covered parking which is
13,480 sq. ft. The footprint of the
building is 16,858 sq. ft.
The Planning Director advised that
covered parking, mechanical spaces,
rooms devoted to telephone switching,
electrical and plumbing spaces, etc.,
have never been included in computing
total gross floor area ratio within a
building.
With regard to height limit, Mr. Neish
stated that the only area which exceeds
the height limit is the "cupola," an
architectural feature which, by code, is
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allowed to exceed the basic height
limit.
The following persons addressed the
Council in opposition to the project:
Len Seltzer, 519 Hazel Drive,
indicated the community felt this
facility was inappropriate for the
site due to its size, related
traffic and parking problems, and
could set a precedent for the area.
They also felt the building should
be constructed at a more "logical"
location, and that the site should
be utilized as a park, or
single - family housing.
Jim Crane, 323 Driftwood Road,
stated he resides within two blocks
of the proposed project and has
lived in the City his entire 66
years. He expressed his concerns
with regard to increased traffic,
the possibility of the facility
going out of business, employee
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parking, and number of deliveries
to the site.
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Dick Nichols, 519 Iris Avenue,
President, Corona del Mar Community
Association, discussed the height
limit and floor area ratio for the
proposed project, trash and
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delivery areas, parking, and
setback areas. He indicated the
proposed facility was not viable
for this property, inasmuch as it
is adjacent to residential use.
Mary Gilchrist, 441 Seaward Road,
stated she has been in the field of
nursing for 27 years, and has not
heard anyone mention such items as
patients in wheelchairs, number of
trips for medical treatment, number
of parking spaces to be required
for family visitors and
recreational activities. She
stated that the proposed one
attendant for every 25 patients for
medication was inadequate according
to finding of Attorney General Van
de Kamp. She also commented that
it was her understanding that the
Kirkwood Motel has recently been
sold and there is a proposal to
convert the building into
condominiums which would be another
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impact on traffic in the area.
The following persons addressed the
Council in favor of the project:
Luvena Hayton, 235 Poppy Avenue,
stated she has lived in Corona del
Mar for 38 years and has seen nine
restaurants fail at the subject
site due to the location being too
far removed from the business
district. She felt it was time the
site was used for the "good of the
area," and that the proposal of
Emerald Associates will fill the
need in the community, as well as
greatly enhance the beauty of the
site. She was opposed to the
property being converted to a park
or used for single family housing.
Jack Dunn, 174 Shorecliff Road,
stated he has lived in the area for
25 years and has seen a number of
businesses come and go on the site.
He felt the proposed project was
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the best suited for the property,
and would be of great benefit to
the community.
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U/P 3342
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Phil DeCarion, 2524 Ocean
Boulevard, stated that he has
failed twice as a restauranteur at
the subject location, and that
Emerald Associates has put together
a project which will have less
traffic problems as well as less
deliveries than a restaurant.
Del Bunn, Physician in the
community, stated there is a
definite need for this type of
facility, and he felt that people
will oppose the project no matter
where it is located. He stated it
is very frustrating to him to have
to recommend an elderly care
facility that is located outside
the city to a patient who resides
in Newport Beach and who would like
to remain here.
Irving Burg, 2301 Bayside Drive,
stated that persons who choose to
continue living in the City in
their later years do not have a
place to go unless a project such
as the one being proposed is
allowed.
Dee Masters, 140 Fernleaf Avenue,
stated that the developer has
complied with all of the City's
regulations for the use requested,
and should, therefore, be allowed
to proceed. She stated she
welcomed the proposed project as
she felt it would clean up the
existing "tacky" appearing
building. She also felt the
applicants should be applauded for
their efforts and time spent with
the individual community groups.
John Killefer, 161 Shorecliff Road,
stated he has been a resident for
23 years and felt the proposal was
a very viable, workable project.
He highlighted some of the nuisance
problems as a result of the various
restaurants that have been located
on the site. He indicated the City
now has the opportunity of "getting
rid of an absolutely abominable
building," which contains a
restaurant, flower shop, nail salon
and dog grooming shop, and urged
the Council to sustain the action of
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U/P 3342
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the Planning Commission and approve
the project. He added that the
Shorecliff Community Association
took no position on this proposal.
Robert J. Moore, 1216 Sandpoint
Way, stated that he was opposed to
this project initially, but after
reviewing it in detail, he strongly
recommends its approval.
Elizabeth Skinner, 1233 Portside
Way, stated she and her husband
have been residents for 37 years;
are in their early eighties; and
would very much like to be one of
the first occupants of the proposed
facility if it is approved. She
stated it is their desire to spend
their golden years near their
family in Newport Beach.
Renfro Newcomb, 3 Sandbar, stated
he has been a resident of Corona
del Mar for almost 32 years, and
felt the proposed project was the
"best thing that could happen" to
the subject property.
The following additional persons spoke
in opposition to the project:
Walter Ziglar, 327 Poppy Avenue,
stated that many of those speaking
in favor of the project do not live
within 1,000 feet of the subject
area. He also does not feel the
development will reduce traffic as
stated by the applicant, and
disputed many of the remarks made
by previous speakers regarding
parking, use of public
transportation, etc. He submitted
a petition with 40 signatures in
opposition to the project from
residents in Shorecliff.
Alana Peters (no address given)
stated she has a Masters Degree in
Gerontology and is an advocate for
senior citizens; however, she felt
the subject proposal could be a
"disaster" socially and
environmentally. She indicated
that due to past experience, she
believes the project as proposed
will be short -term and transitional
between an active life and a higher
level of care or death. The cost
would be prohibitive to most
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seniors as they do not want to pay
out hard earned money for this type
of care. She felt the owner/
builder would be in financial
straits within two years at which
time they could possibly turn the
senior residency into a hotel.
Marian Parks, 233 Morning Canyon,
indicated she was opposed to the
project primarily because of
increased traffic generation,
parking problems for Shorecliff
residents, and noise. She also
felt that since the facility was
legally required to accept seniors
62 years of age or older, this
"opened wide" the possibility of a
totally different type of facility
than what is currently proposed.
She urged the Council to deny the
project and any other facility for
the elderly in Corona del Mar.
Dan Wiseman, 336 Hazel Drive,
stated he cannot dispute the need
for senior housing, and
complimented the developer for his
efforts, but felt the location was
a poor choice and the project
should be denied.
John Christeson addressed the Council
again, and responded to previous
comments regarding subterranean parking,
trash and delivery areas, wheel chair
patients, visitor parking spaces,
traffic volumes, etc.
In response to .question raised by
Council Member Turner regarding the
Housing Element, Craig Bluell of the
Planning Department, stated that the
City's Housing Element addresses all the
legal requirements of State law, and
those requirements specify that the City
provide a variety of housing types for
all income segments of the community.
There are two programs in the Housing
Element, which address the issue, i.e.,
1) the City will achieve a variety of
housing types; and 2) senior housing
programs. On the issue of the amount of
housing, State law does not specify the
City provide any specific amount to
senior citizens; however, it does
specify housing shall be provided in
total to meet a specific target and that
those units be provided to meet the
income segments of the community.
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U/P 3342
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Council Member Sansone commented, in
part, that he felt the majority of
opposition to this project is a result
of frustration that has been developed
in old Corona del Mar due to the already
existing parking problems in the area.
The City has allowed an intensification
of land use in old Corona del Mar
through the commercial district and also
an intensification of mass and bulk
through the residential area, which is
destroying some of that community. If
building continues in this area, as has
been in the past, it will no longer be a
"lovely" area much longer. He also felt
that the majority of residential
property constructed in old Corona del
Mar is speculation, with no
consideration being given to the
community. He expressed his concerns
regarding fire access to the site,
operation of the facility, parking and
traffic. In closing, he indicated he
could possibly support the project, to
some degree, if the bulk and mass were
reduced.
Council Member Watt commented that she
has viewed the site and is aware of the
residents' desire to protect their
residential neighborhood and views. She
also recognizes the need for elderly
care facilities, but feels the proposed
use is "wrong" for this site, and that
there are other sites available in the
City for this type of facility. She
felt the best use for the subject
property would be open space, or
single- family residential.
Council Member Hart asked the applicant
if the building could be reduced to .75
x buildable including parking, whereupon
Mr. Christeson replied "no."
Council Member Hart stated she was very
disappointed in Mr. Christeson's answer,
as she thought the project was .75 x
buildable, including parking, until this
evening. She also does not think
single- family homes would be appropriate
at the site; therefore, if there is no
way to reduce the "bulk and mass" to
something approximately .75 x buildable,
she will have to oppose it.
Council Member Turner stated that in the
recent adoption of the General Plan
Amendment, the Council approved a
program whereby building is allowed up
to .75, with parking below ground not
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included in the calculation, and this
applicant has designed a project which
complies with the requirements of the
General Plan "to the letter."
Hearing no others wishing to address the
Council, the public hearing was closed.
Mr. Christeson addressed the Council
again and stated he was aware of the
concerns regarding the "bulk and mass,"
and if there were no objections, they
would like to continue the public
hearing and look into the feasibility of
coming back with a more "palatable"
looking structure.
In view of the foregoing, motion was
made to reopen the public hearing and
continue to May 22, 1989.
U/P 3342
2. Mayor Strauss opened the public hearing CDBG '89/90
regarding the PROPOSED "STATEMENT OF Program
COMMUNITY DEVELOPMENT OBJECTIVES AND (87)
PROPOSED USE OF FUNDS" FOR THE 1989/90
FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM.
Report from the Planning Department.
Request from "Street People In Need"
(SPIN) for assistance.
The City Manager summarized the funding
recommendations set forth as Items 1
through 14. He stated the total funding
allocated from HUD is $423,000; however,
the available total amount for social
services programs is 15 %, or $63,450.
It was pointed out that three late
requests had been received from the
following organizations:
1) S.P.I.N. — Street People in
Need, Newport Beach;
2) Assessment and Treatment
Services Center;
3) Y.M.C.A., Newport Beach.
Charlene M. Turco, Executive Director
for S.P.I.N., addressed the Council in
support of their request for $4,928.40.
She stated the funds would be used to
provide free services to homeless
people. S.P.I.N. was founded in 1987 by
a group of Newport Beach residents who
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recognized that increasing numbers of
individuals were left unprotected by the
"safety net," leaving them hungry and
unsheltered. Three times each week,
Newport Beach volunteers assemble and
distribute food, clothing, personal
hygiene and medical items to these
people. She urged the Council to
approve their request in order that the
City many participate in programs to
assist the homeless.
Gloria Smith, Executive Director for the
Assessment and Treatment Services
Center, addressed the Council and stated
that they accept referrals from all the
Newport -Mesa High Schools, and have been
the diversion program for the City's
police department since 1972 when it was
initially a federally - granted program.
She stated they are a privately- funded
nonprofit organization and receive no
direct federal, state or county funds;
however, they do receive about 9% of
their budget from United Way. They are
a family counseling center and last year
they serviced 78 homes from Newport
Beach. They are making a structural
change in their building which is
estimated to cost $7,800; and therefore,
they are requesting $4,000 to help
defray the construction cost.
Alison Klakovich, Administrative
Assistant with Orange County Homeless
Issues Task Force, addressed the Council
and commended the City for making
homeless issues the number one priority
for the City's social services program,
and stated that to her knowledge,
Newport Beach is the first City in
Orange County to have done this. She
also commended the City on the formula
they have developed regarding CDBG
funding, allocating an equal percent of
what the City's share is in the County
to regional solutions to homelessness.
She added that the City has also taken a
leadership role in the County and has
issued a challenge to other cities to .
meet their commitment to regional
solutions. She expressed appreciation
for the allocation of $1,500 recommended
by staff, but indicated she would like
her request be reconsidered for an
increased amount.
Diane Russell, representing South Coast
Y.W.C.A. Hotel for Homeless Women,
addressed the Council in support of
their request for $20,000 to provide
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services in the area of counseling, ther job CDBG '89/90
assistance and placement, and o Program
assistance as needed. She thanked the
Council for their continued support and
level of funding, particularly their
employment program.
Craig Bluell of the Planning Department,
addressed the Council and stated he was
not sure whether the funds requested by
the Assessment and Treatment Services
Center could be used for the purpose of
construction, and indicated this item be
deferred for further review. He stated
a balance of approximately $3,800 is
still available for funding.
Hearing no others wishing to address the
Council, the public hearing was closed.
Following discussion, motion was made to
approve staff's recommendation for
funding in the amount of $59,600, and
adopted Resolution No. 89 -27,
authorizing the City Manager to submit
the Final Statement; all understandings
and assurances contained therein, in
order to apply for a HUD 1989 -90
Community Development Block Grant; to
act as the official representative of
the City in connection with the
submission; and to sign contracts with
appropriate subagents to carry out
programs in the approved budget; and
further, to direct staff to allocate the
remaining $3,800 between the two social
services agencies who made
presentations.
3. Mayor Strauss opened the public hearing U/P 3346
and City Council review of USE PERMIT (88)
N0. 3346, a request of SID SOFFER, Costa
Mesa, approved by the Planning
Commission on March 23, 1989, to
establish a restaurant with on -sale beer
and wine and live entertainment on
property located at 485 North Newport
Boulevard, between Orange and Bolas
Avenues, adjacent to Newport Heights;
zoned C -1. The proposal also includes a
modification to the Zoning Code so as to
allow the use of a compact parking space
for a portion of the required off - street
parking spaces.
Report from the Planning Department.
The City Manager stated that a similar
application from Mr. Soffer came before
the Council some months ago, wherein he
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was unable to meet code requirements
with regard to parking. The plan has
now been redesigned and on -site parking
has been provided in accordance with
code requirements; and therefore, the
Planning Commission unanimously approved
the request.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission and approve
Use Permit No. 3346.
4. ' Mayor Strauss opened the public hearing
regarding WEED ABATEMENT PROGRAM.
Recycled report from the Fire Department
dated April 10, 1989.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution No.
89 -28 ordering the Fire Chief to abate
weeds and other public nuisances
existing upon streets, alleys,
sidewalks, parkways and private property
within the City; and setting public
hearing for July 24; 1989 to confirm
assessments.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR
Pass to second reading on May 8, 1989 -
(a) Removed from the Consent Calendar.
(b) Removed from the Consent Calendar.
Schedule for public hearing on May 8,
1989 -
(c) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 89 -29 authorizing
the Utilities Director to request
a Grant Award from the Department
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3.
4.
MINUTES
of Conservation relative to METHANE
GAS MITIGATION. (Report from
Utilities Director)
CONTRACTS/AGREEMENTS:
(a) Authorize Mayor and City Clerk to
execute Agreement regarding
TRANSFER OF MARINAPARK MOBILEHOME
SPACE NO. 1 -B AND COMPENSATION FOR
SERVICES AND COSTS to Arthur or
Gloria E. Minky.
(b) Award Contract No. 2707 to Gateway
Landscape Construction, Inc., for
the total bid price of $188,500 for
SIDEWALK CONNECTION (MACARTHUR
BOULEVARD TO SEA LANE); SLOUGH WALL
(BETWEEN COUNTY ROAD AND CARNATION
AVENUE); BAYSIDE DRIVE PARKING LOT
IMPROVEMENTS; AND DAHLIA AVENUE
PARKING LOT METERS; approve Budget
Amendment for transfer of $70,000;
and authorize the Mayor and City
Clerk to execute said contract.
(Report from Public Works
Department)
(c) Award Contract No. 2740 to B -1
Enterprises Corporation for
$121,100; authorize the Mayor and
City Clerk to execute subject
contract for PHASE II OCEAN FRONT
SIDEWALK REPAIR 1988/89; and
authorize staff to negotiate a
contract change order to utilize
available project funding. (Report
from Public Works Department)
COMMUNICATIONS - For referral as
indicated:
(a) To Parks, Beaches and Recreation
for response, letter from Dave
Scott concerning the grade of the
foot path at INSPIRATION POINT.
(b) To the Environmental Services
Coordinator for inclusion in the
records, letter from Mr. and Mrs.
Cecil R. Lynch, Jr., in support of
the VILLAGE INN.
(c) To Parks, Beaches and Recreation
for reply, letter from Richard H
Clucas concerning "DOGS ON THE
BEACH."
Volume 43 - Page 154
Marina
Mobile
Sp 1 -B
C -2750
(38)
RacArthr B1
Sea Lane/
Slough Wall/
Bayside Pkg
Lot Impvms/
BA- 064(25)
C -2707
(38)
Ph II Ocean
Frnt Sdwlk
Rpr '88/89
C -2740
(38)
PB &R
(62)
EQA /CAC
(24)
PB &R
(62)
❑I
CITY OF NEWPORT BEACH
Hof
April 24, 1989
MINUTES
(d) To General Services for reply, GS
letter from Corona del Mar Chamber (44)
of Commerce requesting ADDITIONAL
SIGN INSTALLATION AT MACARTHUR AND
PACIFIC COAST HIGHWAY, CORONA DEL
MAR.
(e) To Parks, Beaches and Recreation
for reply, letter from W. L.
Thompson regarding TENNIS COURT
LIGHTS between the Lawn Bowling
Club and the nearby dwellings in
Jasmine Creek.
(f) To Pending Legislation and
Procedural Ethics Committee, City
of Santa Ana, Mayor Young's request
for support of an amendment to SB
1334, which would give the ORANGE
COUNTY BOARD OF SUPERVISORS the
final authority to locate jails
within their jurisdiction.
(g) To City Council Ad Hoc Airport
Committee, request from the Newport
Beach Environmental Quality Affairs
Citizens Advisory Committee
requesting support for resolution
expressing strong opposition to
ORANGE COUNTY'S CONTINUING
EXPANSION OF JOHN WAYNE AIRPORT, in
view of the recent airplane
tragedy.
(62)
Legislation
(48)
Cmte
(24)
(h) To.Public Works Department for PW
information, letter from Balboa (74)
Peninsula Point Association
proposing their candidates for the
Ocean Front Encroachment Ad Hoc
Citizens Advisory Committee.
(i) To Police Department for PD
information, letter of appreciation (70)
from the United States Department
of Labor Occupational Safety and
Health Administration for
assistance during the construction
mishap on Promontory Drive on
March 1, 1989.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Bernard A. Leckie alleging personal Leck
injuries as a result of fall into .
Volume 43 - Page 155
0
0
CITY OF NEWPORT BEACH
MINUTES
C ?c
April 24, 1989
hole while jogging at Estelle Lane
on March 27, 1989.
(b) Peter G. Leider alleging damage to Leider
personal property as a result of
sewer backup at 704 Larkspur Avenue
on March 23, 1989.
(c) Ruby M. Valdez for Marian S. Valdez
Sweatt, alleging his class ring was
found, but sold in error by City
Police Department.
7. SUMMONS AND COMPLAINTS - For denial and I(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) William Calhoun, III for damages, Calhoun III
Orange County Superior Court, Case
No. 570571. Claim was denied by
City Council on February 13, 1989.
(b) Terry Harris for personal injuries Harris
as a result of bicycle fall on bike
path (east side of Irvine Avenue)
on August 8, 1988, due to
depression allegedly caused from
cable box owned by COMCAST.
(c) Todd McMiniment for damages, Orange
County Superior Court, Case No.
582733. Claim was denied by City
Council on October 10, 1988.
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Refuse Worker I, General
Services Department.
(b) One Maintenance Worker II, Asphalt,
General Services Department.
(c) One Utilities Specialist II, Water
Division.
(d) One Senior Library Support Clerk,
Library Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval.:
McMiniment
(66)
(a) Memorandum from City Manager City Mgr
requesting permission to attend the (34)
INTERNATIONAL CITY MANAGERS
ASSOCIATION - RESORT COMMUNITIES
CONFERENCE, May 24.
Volume 43 - Page 156
❑I
C
C
CITY OF NEWPORT BEACH
W� f, no �
9N April 24, 1989
lns �tA
For Council information and filing:
(b) Removed from the Consent Calendar.
(c) Report from from Public Works
Department concerning 20 YEAR
MASTER PLAN OF TRANSPORTATION
IMPROVEMENTS.
10. PUBLIC HEARING SCHEDULING:
May 8, 1989 -
(a) Removed from the Consent Calendar
(refer to agenda item F -1(c).
May 22, 1989 -
MINUTES
PW
(74)
(b) Hear protests regarding IMPROVEMENT PW /Ocean
OF OCEAN FRONT STREET ENDS AT Front St
ORANGE AND PROSPECT STREETS, Ends /Orange
pursuant to Chapter 27 of the 1911 & Prospect
Improvement Act. (Report from (74)
Public Works Department)
July 24, 1989 -
(c) Refer to agenda item D -4.
11. USE PERMIT NO. 3010 - Approve a Use
Permit Agreement guaranteeing completion
of the public improvements required with
Use Permit No. 3010 (Resubdivision No.
681, located at 2121 Bristol Street);
and authorize the Mayor and City Clerk
to execute subject agreement. (Report
from Public Works Department)
12. RESUBDIVISION NO. 841 - Approve the
improvement plans and specifications and
accept the public improvements
constructed in conjunction with
Resubdivision No. 841 (2431, 2439, 2505
and 2507 West Coast Highway) and
authorize the City Clerk to release the
Faithful Performance Bond (No. 945617S)
and the Labor and Material Bond (No.
945617S) in six months provided no
claims have been filed, guaranteeing
completion of the public improvements;
and release the Faithful Performance
Bond (No. 9456165) guaranteeing
recordation on the parcel map. (Report
from Public Works Department)
13. PACIFIC COAST HIGHWAY WIDENING FROM
NEWPORT BOULEVARD TO HIGHLAND STREET
(CONTRACT NO. 2591) - Approve plans and
specifications; and authorize the City
Clerk to advertise for bids upon receipt
Volume 43 - Page 157
U/P 3010
(88)
Resub 841
(84)
PCH Widng
Npt B1-
Highland
C -2591
(38)
U
J
E
CITY OF NEWPORT BEACH
\-x �0 ko to ��'� t �� April 24, 1989
MINUTES
of approval from CalTrans. (Report from
Public Works Department)
14. MISCELLANEOUS CONCRETE REPAIR IN CAMEO
SHORES /ORANGE AND PROSPECT
STREETS /STREET END CONSTRUCTION /BROAD
STREET CURB AND GUTTER BETWEEN BOLSA AND
WESTMINSTER AVENUES (CONTRACT NO. 2730)
- Approve the plans and specifications;
and authorize the City Clerk to
advertise for bids to be opened at 11:00
a.m., on May 11, 1989. (Report from
Public Works Department)
15. Removed from the Consent Calendar.
16. HARBOR PERMIT APPLICATIONS - Uphold the
following staff recommendations, subject
to conditions in the staff report.
(Report from Marine Department)
(a) Approve Application No.
105 -2209 - by Lynn Burnett to
revise the residential pier
and float bayward of 2209
Bayside Drive.
(b) Approve Application No.
225 -1508 by West Kohtz to
revise the float bayward of
1508 South Bay Front.
(c) Removed from the Consent
Calendar - Application No.
105 -2717.
17. SPECIAL EVENTS PERMITS - Uphold staff's
recommendation to approve the following,
subject to conditions listed in the
staff report:
(a) Application No. 89 -029 -
Temporary street closure at
area of Harbor High School on
Saturday, October 7 from 8:00
- 11:00 a.m., for the Harbor
Heritage Run by Harbor High
School PTA.
Misc Cncrt
Rpr /Cameo
Shrs /Orng
& Prospect/
Broad St
Crb /Gtrs/
Bolsa &
Westminster
C -2730
(38)
Harbor Perm
(51)
Apli No.
105 -2209
Apli No.
225 -1508
Permits/
Special
Events
(65)
Apli No.
89 -029
(b) Application No. 89 -101 - Apli No.
Amplified sound at 1221 W. 89 -101
Coast Highway on Thursday, May
25 from 3:00 - 11:00 p.m., for
the Balboa Bay Club Chili
Cookoff.
(c) Application No. 89 -108 - Use Apli No.
of public beach at 56th Street 89 -108
on Saturday, May 13 from 7:00
a.m. - 2:00 p.m. for the
Volume 43 - Page 158
L
CITY OF NEWPORT BEACH
!r
�\
y 9� o� 9�
GIN April 24, 1989
MINUTES
Christian Boardriders Surf
Contest by Boy Scouts of
America.
®
(d) Application No. 89 -115 -
Amplified sound in a
Apli No.
89 -115
residential area at 1740 E.
Ocean Front on Saturday, April
29 from 6:30 - 9:30 p.m, for
the benefit cocktail party by
Balboa Philharmonic Committee.
(e) Application No. 89 -126 -
Apli No.
Amplified sound in a
89 -126
residential area at 2414 Vista Del
Oro on Saturday, April 29 from
3:00 - 7:00 p.m. for the
wedding reception by Elizabeth
Hurley.
18. BUDGET AMENDMENTS - For approval:
BA -060, $1,410 - Transfer in Budget
Appropriations for Balboa Island Special
Refuse Collection; General Fund - Refuse.
(Memorandum from General Services
(44)
Department)
BA -061, $4,000 - Transfer in Budget
Appropriations for appraisal of 124
Marine and 323 Marine, Balboa Island;
®
General Fund -Fire Suppression.
BA -062, $9,500 - Increase in Budget
Appropriations for purchase of six
instructional rowing craft; Parks
Beaches and Recreation Fund -Self
Supporting. (Report from Parks,
(62)
Beaches and Recreation Department)
BA -063, $600 - Transfer in Budget
Appropriations to purchase desk for the
Water Billing Section; General Fund -
Finance /Administration 8 Accounting.
BA -064, $70,000 - Transfer in Budget
Appropriations to provide for MacArthur
Boulevard Sidewalk Connection to Sea
Lane (Contract No. 2707); General
Fund - General Services. (Refer to report
w /agenda item F -3(b))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Public Works Department
Permit/
recommending approval of ENCROACHMENT
Encroachmnt
®
PERMIT TO ALLOW THE INSTALLATION OF AN
Arprt Mrkr
AIRPORT MARKER BEACON IN AN UNUSED
Beacon
SECTION OF UNIVERSITY DRIVE.
(65)
Volume 43 - Page 159
'OLL CALL N.'
Motion x
All Ayes
Motion
All Ayes
u
CITY OF NEWPORT BEACH
MEMBERS
�� S �0 �9
\3�� Gips April 24, 1989
x
MINUTES
Motion was made to refer this item to
the Aviation Committee for report back
on May 8.
2. Report from Parks, Beaches 8 Recreation
regarding proposed ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 7.04.020, 7.04.025,
7.04.030, 7.04.040, 7.04.055, 7.04.090,
7.06.010, 7.10.010, 7.20.020, and
7.20.050 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO REGULATION OF ANIMALS
IN THE CITY OF NEWPORT BEACH.
Motion was made to introduce proposed
ORDINANCE NO. 89 -8, and pass to second
reading on May 8, 1988, with the
deletion of the last sentence on Page 4,
which states, "The provisions of this
Section shall not apply to a blind
person being accompanied by a guide
dog."
Mayor Pro Tem Plummer suggested a
further amendment to the ordinance which
would allow dogs on the beaches from
June 15 to September 15 after 6:00 p.m.,
and before 7:00 a.m., providing they are
on a leash.
Council Member Hart expressed opposition
to the foregoing suggestion, stating
"its what the dogs do when no one is
looking that causes problems the next
day."
Following discussion, the motion as made
by Council Member Hart was voted on and
carried.
There being no objections, staff was
directed to look into the suggestion of
Mayor Pro Tem. Plummer, and to also
report back on the effectiveness of
keeping dogs off the beaches during the
Summer months.
3. Report from Marine Director regarding
proposed ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH ADDING
CHAPTER 11.17 PERTAINING TO THE
OPERATION, LAUNCHING, AND HAULING OF
VESSELS AND JET SKIS ADJACENT TO THE
PACIFIC OCEAN.
Council Member Hart commented that she
was opposed to the opening of any
beaches for jet skis; however, she would
support introducing the ordinance, and
passing to second reading on May 8,
1989.
Volume 43 - Page 160
Regs
(70)
Marine
Recreation-
al Actvts
(51)
on
Ayes
Motion
All Ayes
E
CITY OF NEWPORT BEACH
MEMBERS MINUTES
C v
April 24, 1989
INDEX
Thomas Pratte, representing the
Marine
Surfrider Foundation who specialize in
Recreational
issues of ocean wave recreation along
Actvts
the coast, addressed the Council, and
indicated he felt there should be more
stringent regulations in the ordinance
regarding jet skis. He distributed
copies of one of their newsletters
"Making Waves," and discussed an article
entitled "Jet Ski Invasion." He stated
that the California Harbors and
Navigation Code restricts these vessels
to 5 MPH, or less within 200 feet of any
beach frequented by swimmers, and within
100 feet of any swimmer. In addition,
the regulations prohibit reckless
operation, which has been judiciously
interpreted to include wave jumping.
The 5 MPH speed limit near shore
effectively prohibits wave- riding as the
waves rolling to shore exceed that
speed. He stated they feel jet skis are
noisy, the exhaust fumes carry for long
distances, and they are incompatible
with ocean surfers. He stated it was
their recommendation that jet skis be
launched 100 yards past or seaward of
the surf line rather than 100 feet, as
proposed in the ordinance.
X
Motion was made to introduce proposed
Ord 89 -9
ORDINANCE NO. 89 -9, and pass to second
reading on May 8, 1989.
4. Report from Planning Department
Zoning/
regarding proposed ORDINANCE OF THE CITY
Title 20
COUNCIL OF THE CITY OF NEWPORT BEACH
PCA 675
AMENDING CERTAIN SECTIONS OF TITLE 20 OF
(94)
THE NEWPORT BEACH MUNICIPAL CODE SO AS
TO ESTABLISH FLOOR AREA RATIOS AND LAND
USE INTENSITIES CONSISTENT WITH THE
GENERAL PLAN [PLANNING COMMISSION
AMENDMENT NO. 675]
The City Attorney advised that he and
the Planning Director would like to
rewrite the subject ordinance in terms
of easier understanding and recommended
it be brought back on May 22, 1989.
x
Motion was made to defer the above item
to May 22.
5. Report to the City Manager regarding
Planning
ACTIONS TAKEN BY THE PLANNING COMMISSION
(68)
ON APRIL 13, 1989.
Volume 43 - Page 161
Motion
All Ayes
rn
L
Motion
All Ayes
J
v
CITY OF NEWPORT BEACH
EMBERS MINUTES
O 4
9 y9� 0 9�
April 24, 1989
INDEX
Motion was made to schedule public
U/P 3347
hearing on May 8 regarding application
of BARRY AND MARJORIE LOUD FOR USE
PERMIT NO. 3347 on property located at
307 Narcissus Avenue; and receive and
file the remaining actions.
6. Report from the Marine Department
Harbor
recommending denial of Application No.
Permit
105 -2717 by Ernest Schroder and Jim
Apli No.
Beauchamp to construct a residential pier
105 -2717
bayward of 2719 and 2717 Shell Street.
(51)
x
The City Clerk advised that a letter was
received this date from the above
applicants requesting the subject
application be removed from the agenda;
and therefore, motion was made to grant
the request.
H. ORDINANCES FOR ADOPTION:
None.
1. CONTINUED BUSINESS:
1. Recycled report dated January 23, 1989
PB &R /Ocean
from Parks, Beaches and Recreation
Front Bchs
Director concerning CLOSING TIME FOR
Closing
OCEAN FRONT BEACHES.
(62)
Letter dated November 14, 1988 from
Central Newport Beach Community
Association.
Letter dated December 13, 1988 from West
Newport Association.
Letters dated December 9, 1988, January
15, 1989 and April 16, 1989 from Balboa
Peninsula Point Association.
Report from Chief of Police.
The City Manager stated that currently
Corona del Mar Beach is closed at 10:00
p.m., and that the three homeowner
associations on the Peninsula are also
requesting a 10:00 p.m. closure.
It was further noted that the Parks,
Beaches and Recreation Commission are
recommending that the Council retain the
12:00 Midnight beach closure time;
request the Police Department to
vigorously enforce regulations on
overnight sleeping at public locations,
and request the Environmental Quality
Affairs Committee to expand the "Litter
Free Zone" concept to other beach areas.
I
Volume 43 - Page 162
CITY OF NEWPORT BEACH
MMUTES
y 0
\G��-71C
April 24, 1989
Jerry Burnheimer, 208 36th Street,
addressed the Council and spoke against
the request for 10:00 p.m. beach
closure. He stated he felt it will only
"aggravate" the situation, and that
people need to be educated on the use of
public beaches.
Tom Christensen, President, West Newport
Association, addressed the Council in
support of the proposed 10:00 p.m.
closure. He stated that the residents
who live on the Peninsula year -round
share the beach willingly with all beach
visitors; however, they would like to
enjoy peace and quiet in the evening and
felt the 10:00 p.m. request for closure
would alleviate some of the late night
disturbances.
Walter S. Semeniuk, 6807 W. Seashore
Drive, addressed the Council in support
of the 10:00 p.m. closure, advising that
the beach restrooms are also closed at
10:00 p.m. He stated the residents in
the area are continually subjected to
traffic and noisy beachgoers long past
midnight and he felt the 10:00 p.m.
closure would help the Police Department
enforce the City -wide curfew ordinance
for minors.
Thomas Pratt, representing The Surfrider
Foundation, addressed the Council
against the 10:00 p.m. closure. He
pointed out that people can still use
the bicycle path past 10:00 p.m., which
is actually closer to the residential
beach front homes than the beach itself,
and that people do enjoy the "grunion
runs," which are usually later than
10:00 p.m. He felt there were existing
regulations which the City can enforce
with regard to noise, traffic, etc.,
without having to close the beaches at
10:00 P.M.
Dayna Pettit, President, Balboa
Peninsula Point Association, addressed
the Council in favor of the 10:00 p.m.
beach closure. She stated they felt the
earlier closure would help mitigate the
tremendous nuisance problems that exist
in all the beach areas. She submitted
148 responses to their newsletter in
support of the 10:00 p.m. closure and 12
in opposition.
Volume 43 - Page 163
PB &R /Ocean
Front Bchs
Closing
Motion
tion
CITY OF NEWPORT BEACH
MEMBERS
PO 9
April 24, 1989
x
MINUTES
Virginia Herberts, member of the Parks,
Beaches and Recreation Commission,
addressed the Council and stated she was
speaking as a resident at this time in
favor of the 10:00 p.m. closure. She
stated the Peninsula residents
"desperately" need help with this
problem and urged the Council to try the
earlier closure for at least six months.
William Schonlau, Second Vice President,
West Newport Beach Association,
addressed the Council in support of the
10:00 p.m. closure. He stated that even
if the earlier closure were 30%
effective, it would be a "major step
forward from the present condition."
They do not propose additional police
manpower or police equipment, as they
feel the same procedure used now to
close at midnight be used at the
earlier hour. He stated he concurred in
the recommendation of Mrs. Herberts to
close at 10:00 p.m. on a trial basis.
Arb Campbell, Police Chief, addressed
the Council and stated he does not
reject the 10:00 p.m. closure as a bad
idea; however, if the beach were to
close at 10:00 p.m., the number of
people to be ushered from the beaches,
particularly on the weekends, would be
much greater than at 12:00 Midnight and
this would result in a significant
enforcement problem for the police
department. As an alternative, he
suggested lights be installed to assist
in clearing the beach at closing time.
He stated lights were installed on the
beach at Corona del Mar and at the Wedge
and have proven to be effective in
solving the problem. He felt that if
lights were installed at the two pier
areas, two blocks in each direction,
this would serve as a safety factor, as
well as diminishing crowd and noise
problems.
Following discussion, motion was made to
retain the 12:00 p.m. Midnight closing
time, but to install lights at the two
pier areas, and to approve Budget
Amendment No. 065 in the amount of
$29,000 for the cost of said lights.
Substitute motion was made to approve
the 10 :00 p.m. beach closure;
installation of lights at the two pier
areas; and Budget Amendment No. 065 in
the amount of $29,000 for the cost of
said lights.
Volume 43 — Page 164
PB&R /Ocean
Front Bchs
Closing
Motion
Ayes
Noes
❑I
Motion
All Ayes
on
Ayes
x
x
x
CITY OF NEWPORT BEACH
MEMBERS MINUTES
9Vf April 24, 1989
Ito INDEX
x Second substitute motion was made to PB &R /Ocean
x x x x close the beaches at 11:00 p.m.; approve Front Bchs
X x the installation of lighting at the two Closing
pier areas, as well as Budget Amendment
No. 065 in the amount of $29,000 for the
cost of said lights, which motion
carried.
The City Attorney advised that in view
of the foregoing action, he will prepare
an ordinance for introduction at the
next meeting changing the closing time
for the beaches to 11:00 p.m.
2. APPOINTMENTS TO THE CITY COUNCIL AD HOC Trsp Mgm
TRANSPORTATION MANAGEMENT AIR QUALITY Air Qlty
COMMITTEE. Ad Hoc Cmte
Motion was made to confirm Mayor's
appointment of Council Members Evelyn
Hart, John Cox, and Jean Watt.
J. CURRENT BUSINESS:
1. Letter from Council Member Turner Aviation
regarding the resignation of G. Robert Cmte
Pendleton as a homeowners representative (24)
on the CITIZENS AD HOC AVIATION
COMMITTEE.
Motion was made to appoint Mimi
Singleton to replace G. Robert Pendleton
on the Aviation Committee, and to defer
action on the alternate appointment to
Randolph J. Kroenert to May 22, 1989.
Meeting adjourned at 12:25 a.m.
i
The agenda for this meeting was
posted on April 20, at 9:00 a.m.,
on the City Hall Bulletin Board
located outside of the City of
Newport Beach Administration
Building.
44"%a41--
Mayor
ATTEST:
City Clerk
Volume 43 - Page 165