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HomeMy WebLinkAbout07/24/1989 - Regular MeetingPresent x x Absent Motion Aes Motion All Ayes Motion All Ayes • Motion Ayes Noes • CITY OF NEWPORT BEACH Uz: y �0 REGULAR COUNCIL MEETING f 9a PLACE: Council Chambers DATE: July 24,, 1989 x x x x x x X x xI'I X1 x1 l x IA. ROLL CALL. B. Reading of Minutes of Adjourned and Regular Meetings of July 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. ID. HEARINGS: 1. Mayor Strauss opened the public hearing to confirm the report of the Fire Chief concerning the cost of the abatement of weeds and other nuisances. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 89 -79 confirming the report of the Fire Chief concerning the cost of the abatement of weeds and other nuisances, and requesting the Auditor - Controller of Orange County to enter the amount of each assessment referred to in said report on the County Tax Roll. 2. Mayor Strauss opened the public hearing pursuant to Newport Beach Municipal Code Section 5.13.140 to consider adoption of a resolution approving amendment to Certificate of Convenience and Necessity for PACIFIC COAST TOWING, 2209 S. Lyon Street, Santa Ana, to allow private property impound service. Report from Business License Supervisor. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to approve the amendment to Certificate of Convenience and Necessity for Pacific Coast Towing to allow private property impound service. Council Member Hart indicated that she voted "no" on the above request, inasmuch as she felt there was a sufficient amount of towing companies already serving the City, and that the distance from Santa Ana to Newport Beach was too far for impound storage. Volume 43 - Page 290 Fire/Weed Abatmt (41) Res 89 -79 PD /Pac Cst Towing (70) • CITY OF NEWPORT BEACH MINUTES July 24, 1989 3. Mayor Strauss opened the public hearing GPA 88 -2(C) regarding GENERAL PLAN AMENDMENT NO. (45) 88 -2(C), a request initiated by the City of Newport Beach to revise the HOUSING ELEMENT OF THE NEWPORT BEACH GENERAL PLAN as required by State law. Report from the Planning Department. Letter from California State Department of Housing and Community Development concerning review of Draft Housing Element. The City Attorney distributed two pages of the Housing Element which had inadvertently been omitted from the Council's copy of the Housing Element. He stated the pages were nonsubstantive portions of the Element, which were included when the document was transmitted to the State Department of Housing. It was noted that the Planning Commission held two public hearings on the revision of the Housing Element, April 13 and May 4, 1989, and at the meeting of May 4, the Commission voted unanimously to recommend approval in concept and accept the previously certified environmental document as adequate. Mayor Strauss commented that he would like to see a more affirmative policy with respect to mobile homes, inasmuch as mobile homes are one of the few types of affordable housing left these days; and therefore, suggested the existing mobile home policy be expanded to increase the stock of mobile homes. Reference was made to page 37 of the Housing Element relative to Mobile Homes; wherein the City Manager pointed out that additional language "strengthening" the current policy could be added if desired. Discussion ensued, wherein the City Attorney stated that if it is the desire of the Council, the staff could bring back some additional language that could be added to the Housing Element at a subsequent General Plan Amendment hearing. He felt that, inasmuch as the subject EIR has been certified as adequate, it would not be advisable to make any substantial changes at this time. Volume 43 - Page 291 Motion All Ayes • 0 x CITY OF (NEWPORT BEACH MINUTES dip July 24, 1989 Robert Lenard, Advance Planning Manager, commented that the Housing Element does make reference to the Mobile Home Overlay Zone which is in the City's Municipal Code as an ordinance, and he felt there was enough "strength" in the Housing Element to satisfy Mayor Strauss's concerns, inasmuch as there is the ability to apply that overlay zone to any mobile home park in the City. Following discussion, it was the consensus of the Council to consider the Mobile Home Park issue separately from the Housing Element at a future date. Referencing the Housing Element again, Mayor Strauss emphasized his ongoing concern to extend the affordable housing period beyond 30 years. Hearing no one wishing to address the Council on this matter, the public hearing was closed. Motion was made to adopt Resolution No. 89 -80, approving revisions to the Housing Element of the Newport Beach General Plan as required by State law, and accepting the previously- certified Environmental Document as adequate. 4. Mayor Strauss opened the public hearing regarding: A. GENERAL PLAN AMENDMENT NO. 89 -1(G) - Request to amend the Circulation Element of the Newport Beach General Plan so as to establish a precise alignment for the connection of Mesa Drive to Birch Street in Santa Ana Heights; and the acceptance of an Environmental Document; Um B. PLANNING COMMISSION AMENDMENT NO. 676 - Request to amend the Santa Ana Heights Area Plan so as to establish a precise alignment for the connection of Mesa Drive to Birch Street. Report from the Public Works Department. The City Clerk advised that after the agenda was printed, 13 additional letters were received regarding the proposed alignment of Mesa Drive to Birch Street. Volume 43 - Page 292 Res 89 -80 GPA 89 -1(G) (45) Santa Ana Heights PCA 676 (94) • CITY OF NEWPORT BEACH MINUTES July 24, 1989 The City Manager pointed out that this GPA 89 -1(G) item was the last issue of discretionary PCA 676 review by the City Council prior to any annexation proceedings of Santa An Heights. Don Webb, City Engineer, explained the four (4) alternative alignments considered by the Planning Commission, which on May 18, 1989 approved an alignment for the Mesa Drive /Birch Street connection that was between Alignment 1 and 2, designated Alignment 2A. The Commission, in adopting Alignment 2A, tried to reach a compromise which took advantage of the best features of Alignments 1 and 2. Alignment 2A is roughly midway between No. 1 and No. 2. It is approximately 95 feet southerly of Alignment 2 in the vicinity of 2041 Mesa Drive. Alignment 2A requires less land acquisition than Alignment 1, 2 or 3 and only 2800 square feet more than Alignment 4. 9 homes are affected by Alignment 2A. The roadway alignment goes through a portion of 5 houses. The other 4 affected houses will have to be acquired or moved to provide proper sight distance for the roadway curve. A clear distance of 25 to 30 feet from back of sidewalk is needed through most of the curve. When the sales of residual parcels are taken into consideration, Alignment No. 2A has the lowest right -of -way cost. Unless rezoning occurs, the four residential parcels easterly of Acacia Street on Mesa Drive will be separated and isolated from other residential areas by the 4 lane roadway -. This would also be the case in Alignments 1 and 2. The estimated construction cost of Alignment 2A is $5.23 million, which is $850,000 more than 2. This is primarily due to the higher cost of the retaining wall, which is estimated to be $576,000. Of the four alignments that provide the needed traffic circulation, Alignment 2A has the lowest total cost, with Alignment 2 being a close second. It was also noted that Alignment 4, although it has the lowest cost, does not provide the necessary traffic circulation. In conclusion, Mr. Webb stated that the compromise Alignment 2A chosen by the Planning Commission, provides the needed traffic service for the Santa Ana Heights and surrounding area. It minimizes the property taken without Volume 43 - Page 293 L] w • CITY OF NEWPORT BEACH MINUTES 0 July 24, 1989 substantially affecting the golf course operation. For the alignment studies (1, 2 and 3) that provide the needed traffic service, Alignment 2A has the lowest combined right -of -way and construction costs. The staff supports the Planning Commission's adopted Alignment 2A and recommends the Council adopt Alignment 2A as the precise alignment for the connection of Mesa Drive to Birch Street in Santa Ana Heights. During course of discussion, it was noted by staff that, with regard to funding for this project, the County will be paying for the roadway improvements out of Redevelopment Funds, and the County Redevelopment Agency feels they will have sufficient funds within a 3 to 5 year period. Rich Adler, representing the Orange County Environmental Management Agency, addressed the Council and stated that the Redevelopment Agency "will be around as long as improvements are needed in this area," and the life of the Redevelopment Plan could last as long as 40 years. The revenues the Agency anticipates are extensive; the initial bond issue was for $20 million dollars with the net from that bond issue at $14 million dollars which is being used to take care of the first two programs, i.e., 1) purchase assurance program and 2) insulation of certain homes. They anticipate revenues in 3 to 5 years to complete the improvements under consideration and intend not to sacrifice any of the other two programs. They are also looking at paying for some of the improvements from other sources. Mr. Adler also stated that the next step is to take the Council approved alignment to the County Planning Commission and Board of Supervisors for confirmation. Jack Mullen, 2031 Mesa Drive, addressed the Council and stated that he has already entered into an agreement with the County for the purchase of his property; however, he was concerned for other residents in the area who will be losing their homes without being duly compensated as a result of the alignment. He stated that once the alignment is "imprinted" on a piece of property, that property no longer Volume 43 - Page 294 GPA 89 -1(G) PCA 676 Motion • • x CITY OF NEWPORT BEACH EMBERS MINUTES C� ¢ � �Gy99 C� 9�A A �p �W July 24, 1989 INDEX becomes marketable. He also stated he CPA 89 -1(G) was in support of Alignment 4 because it PCA 676 was the alignment the residents were promised. Bob Travers, 20391 Birch Street, addressed the Council and stated he was in favor of Alignment 2A, because it takes the least amount of properties and is more economically feasible. He also publicly apologized to Mr. Webb for his actions at the Planning Commission meeting of May 8. Fred Peterson, 20361 Birch Street, addressed the Council and stated he was concerned how soon his home would be taken and how equitable the transaction would be. He felt the $20 per sq. ft. for homes taken one year ago was not a fair price today. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Turner commented that after analyzing the various alignments, he felt Alignment 2A was the least "disruptive;" and therefore, moved to approve the project as recommended by the Planning Commission and Adopt Resolution No. 89 -81 Res 89 -81 accepting, approving and certifying the Final Environmental Impact Report; i Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; Find that the facts set forth in the Statement of overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the project, and all Volume 43 - Page 295 • 0 CITY OF NEWPORT BEACH MINUTES c \GN40 A July 24, 1989 significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in the Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; Adopt Resolution No. 89 -82 adopting an amendment to the Circulation Element of the Newport Beach General Plan and the Circulation Element Master Plan of Streets and Highways establishing the alignment for the connection of Birch Street to Mesa Drive; Introduce and pass to second reading amendments to the Santa Ana Heights Specific Plan, proposed ORDINANCE NO. 89 -16, being: AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.64 OF THE NEWPORT BEACH MUNICIPAL CODE, THE SANTA ANA HEIGHTS SPECIFIC PLAN, SP -7, TO ESTABLISH AN ALIGNMENT FOR THE CONNECTION OF MESA DRIVE TO BIRCH STREET (PLANNING COMMISSION AMENDMENT NO. 676). Following comments and concerns by various Council Members, Council Member Hart stated that if an alignment is approved at this time, she would like to amend the motion to have a letter sent to the County Planning Department and the Board of Supervisors urging that they establish a list of priorities, insofar as the purchase program is concerned, and that the County purchase those properties whose homes will be impacted by this improvement in a timely manner. Council Member Turner indicated that he had no objections to including the amendment in his motion. Mayor Strauss stated he will riot be supporting the motion, inasmuch as he favors Alignment 4 due to the fact it was the County's initial proposal; it is the least expensive alignment; it ranks high on the engineering analysis; and it Volume 43 - Page 296 Res 89 -82 Ord 89 -16 Zoning/ Santa Ana Heights SP -7 • Pion x Ayes x Noes x Ayes I xi x Noes Motion 6A X x x X x' X x CITY OF NEWPORT BEACH MINUTES July 24, 1989 is the alignment in which some type of GPA 89 -1(G) commitment was given to the residents of ?CA 676 Santa Ana Heights. Council Member Sansone indicated he agreed with Mayor Strauss's comments, and stated he, too, will not be supporting the subject motion. He felt the residents compromised when they accepted Alignment 4, and if that is what they want they should have it. He also felt that if Santa Ana Heights is annexed to the City, the City would have control over the amount of construction within the area by way of the City's Traffic Phasing Ordinance. Mayor Pro Tem Plummer stated she was in favor of the motion primarily due to the overwhelming amount of letters received in support of Alignment 2A. Council Member Watt stated her vote to some degree is dependent upon her understanding of "equitability" on the part of the County in purchasing the homes being taken for the alignment. She indicated she would like to have a better perception of this issue, or she will have to lean towards Alignment 4, which does not take any homes. x I Following discussion, substitute motion was made to approve Alignment 4, which motion FAILED by a tie vote. x I The motion as made by Council Member Turner and amended by Council Member Hart was voted on and carried. 5. Mayor Strauss opened the public hearing Vacation/ regarding VACATION AND ABANDONMENT of an Abandm Esm Easement for Storm Drain purposes shown Strm Drn on Parcel Map 79 -704 (Resubdivision No. Sea Island 616), Sheet No. 4 and adjacent to Lot 13 (90) of Tract No. 9676 (westerly boundary of the Newport Beach Country Club Golf Course, Sea Island Condominiums). Report from Public Works Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. Res 89 -83 89 -83 ordering the vacation and abandonment of the storm drain easement; and direct the City Clerk to have said resolution recorded with the Orange County Recorder. Volume 43 - Page 297 Motion All Ayes is CITY OF NEWPORT BEACH MINUTES �A s C," ip July 24, 1989 X E. PUBLIC COMMENTS: 1. Hal Berg, 400 Clubhouse, addressed the Npt B1/ Council and complained of the loud music Loud Noise emanating from Carla Jr. /Lucky Stores parking lot on Newport Boulevard. He stated that young people congregate in the parking lot at night because the security guard leaves at 6:00 p.m., and the noise is very disturbing to nearby residents. The City Attorney advised that the Police Department was aware of the problem and that the property owner has been contacted in an effort to solve the matter. Quinton Smith, 400 Clubhouse, addressed the Council regarding "boom" cars (loud stereo systems) in the area of 32nd Street and Newport Boulevard. He distributed copies of a Los Angeles Times newspaper article dated July 23, 1989, concerning the same problem in other cities. He stated that the loud music from the "boom" cars continued until 1:30 a.m, one evening last week and that he telephoned the Police Department three times. Mayor Strauss reiterated that the Police Department was keeping a closer watch in the area and is making every effort to control the problem. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on August 14, 1989 - (a) Proposed ORDINANCE NO. 89 -17, Ord 89 -17 being, Offenses/ AN ORDINANCE OF THE CITY OF Cnstr Noise NEWPORT BEACH AMENDING SECTION (26) 10.28.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CONSTRUCTION NOISE. (Report from City Attorney) Volume 43 - Page 298 • • C J CITY OF NEWPORT BEACH MINUTES n �\Ao y0 9A �V+ July 24, 1989 (b) Proposed ORDINANCE NO. 89 -18, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE ONE YEAR FINAL COMPENSATION FOR MISCELLANEOUS AND SAFETY MEMBERS. (Memorandum from Personnel Director) Schedule for public hearing on August 14, 1989 - (c) Removed from the Consent Calendar. (d) Proposed ORDINANCE NO. 89 -19, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CERTAIN SECTIONS OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH FLOOR AREA RATIOS AND LAND INTENSITIES CONSISTENT WITH THE GENERAL PLAN [PLANNING COMMISSION, AMENDMENT N0. 675] (Report from Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -84 CALLING AND GIVING NOTICE OF A SPECIAL ELECTION to be held in the City of Newport Beach on Tuesday, November 7, 1989, for the submission to the qualified electors of a MEASURE PERTAINING TO AN EXTENSION OF THE LEASE COVERING THE CITY /COUNTY DOCK PROPERTY (CONTRACT NO. 910). (b) Resolution No. 89 -85 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE a special municipal election to be held on Tuesday, November 7, 1989 WITH THE STATEWIDE SCHOOL DISTRICT ELECTION to be held on the same date. (c) Resolution No. 89 -86 REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CANVASS THE RETURNS of the special municipal election to be held on November 7, 1989, which is to be consolidated with the statewide school district election to be held on the same date. Volume 43 - Page 299 Ord 89 -18 Personnel/ P.E.R.S Retirement (66) Ord 89 -19 Zoning/ Flr Area Ratio (94) PCA 675 Spcl Elctn County Dock Prpty Res 89 -84 C -910 (38/39) Spcl Elctn Cnsldtn Res 89 -85 (39) Spcl Elctn Cnvssg Res 89 -86 (39) CITY OF NEWPORT BEACH MINUTES n A July 24, 1989 (d) Resolution No. 89 -87 AUTHORIZING Spcl Elctn THE MAYOR OR ANY MEMBER OR MEMBERS F1 Wrtn OF THE CITY COUNCIL TO FILE A Argm • WRITTEN ARGUMENT IN SUPPORT OF A CITY MEASURE pertaining to an Res 89-87 (39) extension of the lease covering the CITY /COUNTY DOCK PROPERTY. 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk Orange Cty- to sign the JOINT POWERS AGREEMENT City Hzrds CREATING THE ORANGE COUNTY -CITY Mtrls Emgcy HAZARDOUS MATERIALS EMERGENCY Rspns Auth RESPONSE AUTHORITY. (Report from C -2760 Fire Chief) (38) (b) Authorize Mayor and City Clerk to sign CdM Olympc CORONA DEL MAR HIGH SCHOOL OLYMPIC Pool Agm POOL AGREEMENT. (Report from City C -2761 Manager) (38) 4. COMMUNICATIONS - For referral as indicated: (a) To Executive Assistant to the City COMCAST Manager for reply, letters of CABLE TV complaint from Craig McKessar and Harry (42) Hiner against COMCAST CABLE TV. • (b) To City Librarian for inclusion in Library/ the records, letters in support of New Central NEW CENTRAL LIBRARY from Ruth and Dave (50) Gilbert, Thomas W. Henderson, Nancy Abrams, Kathy Cooper, Marcia Boehm, and Lynn Dowty. Note: 18 additional letters received in support of new library, and one against, after the agenda was printed. (c) To Public Works Department for PW /Corona response, letter from Alan and Tamara Hghlnds Shelton requesting City enforce TV Antenna existing ordinance to eliminate (74) television antennas from roof tops in the CORONA HIGHLANDS area. (d) To City Manager for reply, letter from Planning Balboa Coves Community Association (68) opposing the operation of a car wash on the HOAG PARKING LOT during construction of the LIDO MEDICAL BUILDING adjacent to Pacific Coast • Highway. (e) Removed from the Consent Calendar. Volume 43 - Page 300 • is CITY OF NEWPORT BEACH MINUTES C G A�of atp July 24, 1989 (f) To Marine Department /City Attorney Marine/ for response, letter from Andrew J. Recrtnl Randolph requesting reconsideration vessels of ORDINANCE 89 -9, regulating (51) operation and launching of vessels (JET SKIS) along the Pacific Ocean. (g) To General Services for reply, GS /Bal Is letter from Mrs. Lynne O'Brien Litter regarding LITTER FREE ZONE ON (44) BALBOA ISLAND. (h) To Finance Department for payment, Offshr Oil request of County of Santa Cruz for (87) City's 1989 -90 contribution to OCS LOCAL GOVERNMENT COORDINATION PROGRAM regarding additional OFFSHORE OIL DEVELOPMENT IMPACTS. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Newport Beach Nautical Museum concerning their continued interest in the City's master plan for the MARINAPARK and AMERICAN LEGION SITES. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Application for Leave to Present Late Claim of T. J. Abshier, alleging property damage as a result of sea water flooding his house at 112 S. Bay Front, Balboa Island, as a result of bulkhead work being done under City Public Works contract in March, 1988. (b) Elizabeth Fontes alleging personal injuries on January 9, 1989, on Berkeley Drive near intersection of Campus Drive, as a result of traffic accident. (c) Randall M. Goff alleging damage to automobile as a result of no warning signs posted at Seaview and Goldenrod on July 2, 1989. (d) Kathleen De Gregorio alleging personal injuries as a result of fall into "pothole" at Edward's Cinema, 300 Newport Center on June 22, 1989. Volume 43 - Page 301 (36) Abshier Pontes Gof f De Gregorio • • • CITY OF NEWPORT BEACH EMBERS A MINUTES P 0 (� A �W July 24, 1989 INDEX (e) Janet D. Kiser seeking Kiser reimbursement for tetna shot treatment as a result of stepping on rusted spike sticking out of sidewalk near Corona del Mar beach on June 15, 1989. (f) Lido Brass and Copper, Inc., Lido Brass/ alleging property damage as a Copper result of sewer backup at 3431 Via Oporto on June 2, 1989. (g) Patricia Passy and Victor Passy Passy alleging damages as a result of traffic accident on Berkley Drive near intersection with Campus Drive on January 9, 1989. (h) Randy Dean Ross alleging damage to Ross parked motorcycle east of Placentia Avenue on Center Avenue by City vehicle on June 16, 1989. (i) Scott Kennedy Maritime Gallery Scott alleging property damage to floor Kennedy and carpet at 3431 Via Oporto, Maritime Suite 100 -C, due to flooding of Gallery sewage to front portion of gallery on June 2, 1989. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Nicolas Sell for personal injuries, Sell Orange County Superior Court Case No. 595285. Claim was denied by City Council on January 9, 1989. (b) Robert Speich for personal Speich injuries, Orange County Superior Court, Case No. 528595. Claim was denied by City Council January 12, 1987. (c) Nicholas Shoup for personal Shoup injuries, Orange County Superior Court, Case No. 590170. Claim was denied by City Council on January 9, 1989. 8. REQUEST TO APPROVE /PILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Video Producer, Police Department. (b) Two Police Officers, Patrol Division. Volume 43 - Page 302 • • .• CITY OF NEWPORT BEACH MINUTES July 24, 1989 (c) One Parking Control Officer, Traffic Division. (d) One Senior Parking Control Officer, Traffic Division. (e) One Administrative Clerk, Public Works Department. (f) One Refuse Worker I, General Services Department. (g) One Equipment Operator II, General Services Department. (h) One Groundsworker I, Parks Division. (i) One Groundsworker II, Parks Division. (j) One Building Maintenance Worker I, Recreation Division. (k) One Recreation Coordinator, Recreation Division. (1) One Maintenance Worker I, Field Maintenance Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department regarding the ANNUAL RENTAL VACANCY RATE SURVEY. (b) Letter from the Mayor to the Federal Aviation Administration concerning near misses of aircraft using JOHN WAYNE AIRPORT. (c) Removed from the Consent Calendar. (d) Report from Parks, Beaches and Recreation Director concerning PARK IN LIEU FEE ZONES. For Council information and filing: (e) Removed from the Consent Calendar Volume 43 - Page 303 Planning/ Anul Rntl Vcncy Rt (68) O/C-John Wayne Arpt (54) PB &R /Prk In -Lieu Fee Znz (62) • • CITY OF NEWPORT BEACH MINUTES C l\`vG9� °t�9a �tA July 24, 1989 10. PUBLIC HEARING SCHEDULING - August 14, 1989: (a) PLANNING COMMISSION AMENDMENT NO. 684 - A request to amend the NEWPORT PLACE PLANNED COMMUNITY DISTRICT REGULATIONS so as to allow restaurant uses on General Commercial Site 1, subject to the approval of a use permit in each case. Property located at 3601 Jamboree Road, on the northwesterly corner of Jamboree Road and Bristol Street North, in the Newport Place Planned Community. (Report from Planning Department) (b) USE PERMIT NO. 3353/PCA 680/ RESUBDIVISION NO. 895 - Appeal Application of David M. Stone, 132 S. Bay Front, Balboa Island for mixed -use project at 119 -123' Agate, to permit ground floor garages and residential combined with storage on the second floor. 11. SPECIAL EVENTS PERMITS - Uphold staff's recommendation to approve the following applications, subject to conditions in the staff report. (Report from Business License Supervisor) (a) Application No. 89 -134 - Scott English for amplified sound at Balboa Pier Gazebo for concert on August 6, 1989, from 1:00 - 3:00 p.m. (b) Application No. 89 -205 - Mr. and Mrs. William Martin for amplified sound in a residential area for graduation party at 1824 West Ocean Front on August 5, 1989, from 6:30 - 11:00 p.m. (c) Application No. 89 -217 - Mr. and Mrs. Donald Ward for amplified sound in a residential area for wedding reception at 116 Kings Place on August 5, 1989, from 4:30 - 10:00 P.M. 12. BUDGET AMENDMENTS - For approval: (a) The following budget amendments are to provide for Salaries, Retirement, Health and Life Insurance adjustments: Volume 43 - Page 304 ?CA 684 (94) /P 3353 88) 25) ts/ 17 • • y Oo �9Gi�P � ¢ 9A� July 24, 1989 BA -002, $1,921,460 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations; General Fund. BA -003, $144,575 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations; Park and Recreation Fund. BA -004, $109,360 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations; Library Fund. BA -005, $2,925 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations; Tide and Submerged Lands Fund. BA -006, $88,805 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations; Water Fund. BA -007, $1,045 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations; Marinapark Fund. (b) BA -008, $2,430 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for property taxes for lessor's at Balboa Yacht Basin; Tide and Submerged Lands Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Planning Department regarding proposed ordinance relating to Granny Units. It was noted that the two changes made in the Granny Ordinance were an increase in minimum lot size from 5,000 to 5,450 Sq. ft., and revised language of paragraph G. Council Member Turner expressed his desire to delete paragraph G, which states that "the primary residence shall be continuously occupied by at least one person having an ownership interest in the property." Volume 43 - Page 305 Units (94) • Motion All Ayes Motion All Ayes • Motion All Ayes x x CITY OF NEWPORT BEACH x July 24, 1989 During course of discussion, it was suggested by Council Member Sansone that paragraph G be changed to read. "Either the Granny Unit or the primary residence shall be occupied by a person having ownership in the property." Following consideration, it was indicated by the Council they were not ready to take action on this item at this time; therefore, motion was made to defer introduction of the proposed ordinance to August 14, 1989. 2. Report to the City Manager regarding Plat ACTIONS TAKEN BY THE PLANNING COMMISSION (68) ON JULY 6, 1989, and AGENDA FOR JULY 20, 1989. Motion was made to schedule public ari hearing on VARIANCE NO. 1152 for 1152 August 28, 1989, and to receive and file (91) the remaining actions. 3. Letter from Sanford Brickner concerning CORONA HIGHLANDS UNDERGROUND UTILITIES and relation to children living near electromagnetic cancer producing fields. (89) Council Member Watt expressed an interest to know more about electromagnetic producing fields as referenced in the subject letter, and suggested the staff review the matter and report back. The Public Works Director replied that the Southern California Edison Company does have some information on this subject; however, Mr. Brickner has asked that the City not rely on the Edison Company for response. He stated it was his understanding there is nothing definite or proven in this regard as yet, and that a great deal of research is needed before positive conclusions can be made. In view of the foregoing, motion was made to refer the subject letter to the City Manager for response. 4. Report from Traffic Affairs Committee Traffic/ regarding RAISED PAVEMENT MARKERS ON SAN SJHls Rd, JOAQUIN HILLS ROAD BETWEEN JAMBOREE ROAD AND Rsd Pvmt SANTA CRUZ DRIVE, with letter from Canyon Mrkrs Crest Homeowners Association. (85) Volume 43 — Page 306 • Motion All Ayes M All Ayes • gi X CITY OF NEWPORT BEACH MINUTES July 24, 1989 Beryl Sokolowski, 3 Rue Marseille, addressed the Council in support of the recommendation of the Traffic Affairs Committee. She stated that she and her husband are very grateful for the action taken by the Committee and to the City Council for listening to their concerns. She also complimented the City employees she had come in contact with during this effort and stated they were very courteous and helpful. Motion was made to approve the recommendation of the Traffic Affairs Committee as follows: "Direct staff to remove the raised pavement markers (Botts dots) on San Joaquin Hills Road between Jamboree Road and Santa Cruz Drive. The raised markers are to be replaced with painted striping supplemented with reflective pavement markers per CalTrans standards." H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEE FOR EMERGENCY PREPAREDNESS. Motion was made to confirm the following appointments: (District 2) Council Member Plummer's appointment of Mary Williams;.remaining appointment deferred to August 14. (District 3) Council Member Hart's appointment deferred to August 14. (District 5) Council Member Watt's appointments of Natalie Fogarty and Jimmie Jones. (District 6) Council Member Sansone's appointments deferred to August 14. J. CURRENT BUSINESS: 1. Report from Executive Assistant to the City Manager regarding HUMAN SERVICES ORGANIZATION ASSISTANCE REQUESTS. Volume 43 - Page 307 Motion All Ayes • E CITY OF NEWPORT BEACH MINUTES IN��GwtA July 24, 1989 x It was recommended the following grants be approved: Harbor Area Adult Day Care Center - $10,000 Huntington Beach Community Clinic - 1,000 Y.E.S. Harbor Area - 4,000 Leadership Tomorrow - 2,500 Newport -Mesa YMCA - 7,500 Motion was made to approve the recommended allocations. 2. Report from City Manager and Parks, Beaches and Recreation Commission concerning CONSOLIDATED ELECTION REGARDING SALE OF PROPERTY AT 4210 RIVER AVENUE. Letter from Jill Lindsay. The City Manager distributed a photograph of the City -owned surplus property and stated the parcel was appraised in January, 1989 for $325,000 to $350,000. The documents prepared to place this item on the November 1989 ballot include the stipulation that the revenue from the sale of this property is placed in a fund to acquire or develop a public improvement project, i.e., park, library, etc. In essence, the public improvement project would benefit a greater number of people than the subject 30 x 100 foot lot. The City Manager also noted that if the electorate votes to sell the property, the City must first offer it to certain other public agencies. However, due to the high cost of the parcel, he felt these agencies would not be interested in purchasing the subject property. The following persons addressed the Council in opposition to placing the surplus property on the ballot, indicating they felt the parcel should be preserved as a greenbelt area. Don Borthwick, 205 Canal Street Jack R. Alward, 4208 River Avenue Meredith Bolton, 213 43rd Street Volume 43 - Page 308 0 Rvr (39) • Motion • • x CITY OF NEWPORT BEACH MINUTES o� July 24, 1989 Mayor Pro Tem Plummer stated she sympathized with the neighboring property owners, but inasmuch as this parcel is City -owned surplus property, she felt the proceeds received from its sale can be used towards a public project which will be of greater benefit to more residents than the vacant lot is now. In view of the foregoing comments, motion was made to adopt the following resolutions: Resolution No. 89 -88 CALLING AND GIVING NOTICE OF A SPECIAL ELECTION to be held in the City of Newport Beach on Tuesday, November 7, 1989, for the submission to the qualified electors of a MEASURE RELATING TO THE SALE OF BEACHFRONT PROPERTY AT 4210 RIVER AVENUE. Resolution No. 89 -89 requesting the Board of Supervisors of the County of Orange to CONSOLIDATE A SPECIAL MUNICIPAL ELECTION to be held on November 7, 1989, with the statewide school district election to be held on the same date. Resolution No. 89 -90 requesting the Board of Supervisors of the County of Orange to CANVASS THE RETURNS OF THE SPECIAL MUNICIPAL ELECTION to be held on November 7, 1989, which is to be consolidated with the statewide school district election to be held on the same date. Resolution No. 89 -91 AUTHORIZING THE MAYOR TO FILE A WRITTEN ARGUMENT IN SUPPORT of a City measure pertaining to the sale of waterfront property at 4210 River Avenue. Council Member Watt stated she will not be supporting the motion inasmuch as the funds derived from the proposed sale will not be used for public improvements in this same location, and consequently, the neighbors in this area are left without a greenbelt area. She also felt it would be premature to sell the property at this time due to the City's outreach program whose goal is to identify communities needs in terms of mini and neighborhood parks. Volume 43 - Page 309 Election/ 4210 Rvr Prpty 89 -88 i 89 -89 89 -91 • Ayes Noes • • CITY OF NEWPORT BEACH 0 � �G�f 9N l avo July 24, 1989 xixixlxlxi Ix MINUTES Council Member Turner reminded the Election/ Council that the subject parcel belongs 4210 Rvr to "all" the residents of Newport Beach; Prpty and therefore, the residents have the right to make the decision as to its use and whether or not it should be sold. Mayor Strauss stated he will not support the motion, as there is so little left of vacant City -owned property. He also stated he was in agreement with Council Member Watt to wait a few years before placing this on the ballot. The motion was voted on and carried. 3. Report from Public Works Department Permit/ regarding APPEAL OF DONALD C. STINE, Stine Architect, from denial of an application Encrchm to construct raised patios ENCROACHING (65) INTO NORTH BAYFRONT AND AGATE AVENUE; steps encroaching into Agate Avenue, and a curb on Agate Avenue for 411 North Bayfront when vehicular access available from the alley. Donald Stine, 819 W. Sixteenth Street, architect for the applicant, addressed the Council and referenced his letter of June 28, 1989, outlining the reasons for the appeal. Mr. Stine stated that he did not feel their request for a patio encroachment was out of line with other patio encroachments around Balboa Island. In the past two years, he has received approval of similar patio encroachments for projects at 711 and 808 S. Bay Front, as well as approval for street access to the garage at 711 S. Bay Front. In addition, the required depth of the garages, if entered from the alley causes severe restrictions to the living area of the first floor. The garage configuration, if oriented to the street, creates an extra parking space on the applicant's property and this will make up for the lost street parking space. Discussion ensued, wherein the Public Works Director commented that if the step encroachment was not permitted it would require a redesign of the configuration of the steps that are shown on the drawing. Also, the steps Volume 43 - Page 310 • Motion • CITY OF NEWPORT BEACH PD 4 ��9G��A � July 24, 1989 x MINUTES could be structurally independent of the portion of the application that consists of a raised patio deck and raised planter. The Public Works Director further pointed out that it was the two previous locations where Mr. Stine submitted similar designs, and one other location, that triggered the Council's review of Council Policy L -6 - "Private Encroachments in Public Rights -Of- Way." Recognizing the fact that it is now necessary for protection for flood control purposes to raise floor slabs of buildings on Balboa Island above the existing street grade, there is a desire to construct raised patios in conjunction with the buildings. When the City Council considered the policy revisions in February 1989, the action taken was to prohibit raised patio encroachments. With regard to street access to the garages, he felt there was no significant reason for departing from the provisions of the policy with respect to garage access. Following discussion, motion was made to deny the appeal, except for the step encroachment to the sidewalk. Council Member Watt stated her motion was made with the understanding that she is saving one curb parking space, as opposed to the extra square footage in the house. Jack Northrup, applicant, addressed the Council and stated he felt there were two fundamental issues under consideration, i.e., 1) the encroachment, and 2) driveway access. The encroachment on Agate Avenue is for landscaping purposes and not a patio. Regarding the patio in front, the elevation is a function of the requirement of the City with respect to the level of the house. He further stated that the encroachments that have taken place in the neighborhood are very similar, and after talking with his neighbors, they have no objection to the type of encroachment being requested. With regard to the driveway access, he stated that due to the lot being trapezoidal rather than rectangular, they are able to add another parking space to the property to make up for the one taken from the street. Volume 43 - Page 311 Permit/ Stine Encrchm All Ayes Ll a is CITY OF NEWPORT BEACH MINUTES e y9� C� 9� July 24, 1989 After further discussion, the motion on the floor was voted on and carried. Meeting adjourned at 10:45 p.m. The agenda for this meeting was posted on July 20, 1989, at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: ";e2� City Clerk Volume 43 - Page 312