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HomeMy WebLinkAbout08/14/1989 - Regular MeetingDent x x Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING �-A 9 00\ PLACE: Council Chambers TIME: 7:30 P.M. 6 9G��'* DATE: August 14, 1989 'a x x x x x x x MINUTES Mayor Strauss presented a permaplaqued Certificate of Appreciation to Diana Springer in appreciation of her service on the Parks, Beaches and Recreation Commission. A. ROLL CALL. B. Reading of Minutes of Meeting of July 24, 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: I. Mayor Strauss opened the public hearing PW /McFdn regarding comments or protests from Sq Asmt citizens concerning the "Debt Limit Dist #59 Report," and formation of PROPOSED (74) MCFADDEN SQUARE ASSESSMENT DISTRICT NO. 59. Report from Public Works Department. Letter from Paul W. Jensen expressing opposition to the subject special assessment district. Letter from Eilert Voge requesting his property be excluded from the subject assessments. The City Clerk reported that after the agenda was printed, a letter of protest was received from James Nisson, 2210 W. Ocean Front. The Public Works Director stated that the purpose of this public hearing is to hear comments and protests concerning the proposed assessment district and to decide whether or not to proceed. He pointed out that the City has in its current budget the following allocations for the rehabilitation of McFadden Square: Reconstruct restroom $450,000 (Separate project) Repair pavement, curb, sidewalk 490,000 Improve parking lot 103,000 Plaza improvements 300,000 In addition to the above contribution by the City, a number of property owners in the area have expressed a desire to install decorative street lighting, and Volume 43 - Page 313 0 • CITY OF NEWPORT BEACH MINUTES � 9 y99 C� 9� August 14, 1989 decorative sidewalk, and additional improvements to the Plaza area with the costs to be funded by means of a special assessment district, which will be paid for by said property owners. The estimated cost of all of the work proposed to be included in the project, with the exception of the restroom which is a separate project, is $1,602,840. This figure includes all engineering, legal, and contingency costs, in addition to the construction costs. The estimated City share is $881,000, and the estimated amount to be assessed to the affected property owners is $721,740. He referenced exhibits on display depicting the boundaries of the assessment district, decorative sidewalks, street lights, and proposed design theme for the plaza. The Council was also advised that an informational meeting on this subject was held on August 8, with all property owners invited to participate, and that notices of this public hearing were also mailed to all property owners, as well as posting of notices and publication in the City's official newspaper. If the Council decides to proceed with the assessment district after tonight's public hearing, there will be additional informal public workshop meetings as the plans are developed for input from property owners. The Public Works Director further reported that as of this date, the percentage of protests received is 25.38. McKenzie Brown, Legal Counsel for the Assessment District, explained the procedure to be followed if the Council proceeds with said district. Jeff Cooper, Assessment Engineer with BSI Consultants, outlined the methodology used in developing the assessment spread. Discussion ensued wherein the Public Works Director advised that if the project is approved, it is hoped that bids could be received in approximately four months; the conceptual drawing on display is only a "starting point" and idea, and it is staff's intention to consult with interested property owners and Council. Members in developing the Volume 43 - Page 314 PWJMcFdn Sq Asmt Dist#59 • Motion • Ayes Noes • x CITY OF NEWPORT BEACH 4'9\o G X I x I x I x I x I x MINUTES August 14, 1989 final plan; bids for the restroom construction will be advertised in approximately four to six weeks; and that completion of the Plaza improvements is desired by next Summer. John Shea addressed the Council in protest of the assessment district. Carl Ackerman, 2120 W. Ocean Front and 106 -110 22nd Street; Raymond Smith, 110 -114 McFadden Place; and Bill Schonlau, resident of the City, but not a property owner in the proposed assessment district, addressed the Council in favor of the assessment district. Hearing no others wishing to address the Council, the public hearing was closed. McKenzie Brown, Legal Counsel, advised that following public testimony, the percentage of protests still stands at 25.38. Motion was made to proceed with the project, and: (a) Adopt Resolution No. 89 -92 overruling and denying the protests; (b) Adopt Resolution No. 89 -93 finding and determining public interest, convenience and necessity; (c) Authorize City staff to negotiate contracts for Design Engineer, Assessment Engineer and Legal Counsel. Council Member Watt indicated she would not be supporting the motion, inasmuch as there was not 75% of the property owners in favor of the project, and because the property owners will be partially funding the Plaza. She stated she felt the Plaza will be a public area, and therefore, should not be the property owners' responsibility to fund. The motion was voted on and carried. 2. Mayor Strauss opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 684, a request of CHAMPION DEVELOPMENT COMPANY, Long Beach, to Volume 43 - Page 315 PW /McFdn Sq Asmt Dist#59 Res 89 -92 Res 89 -93 (94) I-19 • • Motion All Ayes • NM+C,IL MEMBERS X CITY OF NEWPORT BEACH MINUTES August 14, 1989 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; zoned P -C. Report from the Planning Department. It was noted that the applicant proposes to remove the Newport Beach Sporting House Athletic Club and construct a commercial center on the subject property. Inasmuch as General Commercial Site 1 of the Newport Place Planned Community does not currently allow restaurants as a permitted use, the applicant is requesting to amend the P -C text so as to allow such uses, subject to the approval of a use permit in each case. The proposed amendment is consistent with the newly adopted General Plan. In response to a concern expressed by Council Member Hart regarding the setback area, the Planning Director stated that the applicant will be observing at least a minimum of 30 feet from the edge of the right -of -way to the edge of the building. He stated the setback for structures on the subject property are established by the P -C District, and that the applicant is not asking for any modification to any of the setbacks that were originally established. John Champion of Champion Development, applicant, addressed the Council and advised that he will conform to all of the conditions of the P -C District. Hearing no others wishing to address the Council., the public hearing was closed. Motion was made to adopt Resolution No 89 -94, amending 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. Volume 43 - Page 316 PCA 684 Zoning s 89 -94 L • • u CITY OF NEWPORT BEACH MINUTES af+� �n0'''` \G�cA A August 14, 1989 3. Public hearing regarding proposed ORDINANCE NO. 89 -19, being, AN ORDINANCE OF THE CITY COUNCIL 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 USE INTENSITIES CONSISTENT WITH THE GENERAL PLAN. [PLANNING COMMISSION AMENDMENT NO. 6751 Report from the Planning Department. The City Manager summarized the proposed ordinance noting that if the use exceeds 0.5 it would then require a variance and would give the Council discretionary review for approval or denial. In response to Mayor Strauss, Bob Lenard, Advance Planning Manager, reported that the ordinance under consideration parallels the language that was adopted as part of the General Plan in October, 1988, and the ordinance contains provisions like the General Plan for certain areas of the City to have a higher maximum floor area ratio than others. The bulk of the City that has the flexible FAR provisions has a limit of 0.75, and the only way the ordinance can be used to exceed the 0.75 and go to the 1.0 is for those areas that are permitted by the General Plan, which is essentially the Peninsula east of City Hall. In response to Council Member Watt, Mr. Lenard stated that there was some discussion at the study session meeting about other types of discretion with regard to improved pictures or drawings, which can be part of the Planning Department procedure, but there is also one other area where changes have been made since this ordinance was reviewed regarding discretion, which is part of the variance procedure for buildings that exceed the 0.5 base FAR. He stated there are eight findings included in the proposed ordinance in order to approve a variance, and findings 5, 6, 7 and 8 were modified since the last draft that was before the Council to include a reference for above grade covered parking in that discretionary review of the physical attributes of the building. Volume 43 - Page 317 Ord 89 -19 Zoning FAR (94) PCA 675 • Motion All Ayes • • CITY OF NEWPORT BEACH .MBERS MINUTES August 14, 1989 0 INDEX Following discussion with regard to Zoning /FAR height of ceiling above natural grade as PCA 675 referenced on page 4 of the ordinance, Council Member Sansone suggested that the words "parking structures" be changed to "covered parking areas," to which there were no objections. Mr. Lenard stated that the intent of the ordinance is to count any above grade covered parking and that reference is used through the ordinance. The words "parking structure" as referenced in the ordinance are intended to pick up all above grade covered parking whether'it is a "pure" parking structure or not. Hearing no one wishing to address the Council the public hearing was closed. X Motion was made to adopt Ordinance No. 89 -19, as revised in the foregoing, amending sections of Title 20 of the Newport Beach Municipal Code. Mayor Strauss indicated he would like the staff to review the General Plan towards the end of the year as he thought the Council may wish to make some changes. 4. Mayor Strauss opened the public hearing Transports- pursuant to the Newport Beach Municipal tion /Taxi- Code Section 5.12.020 and 5.12.040 cabs regarding request for Certificate of (86) Public Convenience and Necessity for SUNSHINE YELLOW CAB to operate two taxicabs in the City. Report from Business License Supervisor. The City Manager advised that the applicant has changed its name to California Sunshine Cab Company due to the existing Orange Coast Yellow Cab Company and that the vehicles they propose to operate were inspected by the Police Department and comply with applicable Municipal and California Vehicle Code requirements. In addition, the fee proposed to be charged is consistent with the City's resolution for taxicab rates. Bill Craig, Supervisor, Orange Coast Yellow Cab Company, addressed the Council and stated that the applicant, Wilber L. Knowles of California Sunshine Cab Company was a previous driver for Volume 43 - Page 318 C CITY OF NEWPORT BEACH MINUTES �\P0� G�M August 14, 1989 • Motion x Ayes x x x x x x Noes x • Orange Coast Yellow Cab Company, but that they had to cancel his lease due to dishonesty and overcharging customers, and therefore, they would like to request this application be denied. The City Attorney commented that there are specific grounds for denial of this type of application; however, none of them relate specifically to the character of the applicant or to the possibility that the applicant engaged in dishonest practices in the past. Wilber L. Knowles, applicant, addressed the Council and stated that the allegations made by Mr. Craig were false and that the cancellation of his lease was unjustified. The reason he left Orange Coast Yellow Cab Company was because he wanted to be independent and on his own, and operate clean good- looking automobiles. He stated he was a hard working individual and would like the opportunity to operate his taxicabs in the City. It was noted by the City Attorney that if the subject cab company does not comply with the required municipal code regulations, the Council has the authority to revoke the Certificate of Public Convenience and Necessity. In view of the foregoing, motion was made to uphold staff's recommendation to approve the requested Certificate of Public Convenience and Necessity for CALIFORNIA SUNSHINE CAB COMPANY. a 5. Mayor Strauss opened the public hearing and City Council review of an APPEAL BY DAVID M. STONE, Balboa Island, from the denial by the Planning Commission on July 6, 1989 of: A. GENERAL PLAN AMENDMENT 89 -1(E) - Request to amend the General Plan Land Use Element to allow automobile and general storage in areas designated for Retail and Service Commercial and to specify these allowed uses in the specific area description for Agate Avenue, Balboa Island; and the acceptance of an Environmental Document; Volume 43 - Page 319 CA Sunshine Cab Company 'PA 89 -1(E) (45) COUNCIL MEMBERS yy SO G3, 9 9y r1 , u • / 1 � J CITY OF NEWPORT BEACH MINUTES August 14, 1989 B. LOCAL COASTAL PROGRAM AMENDMENT NO. 16 - Request to amend the Local Coastal Program, Land Use Plan, to allow automobile and general storage in areas designated for Retail and Service Commercial and to specify these allowed uses in the specific area description for Agate Avenue, Balboa Island; C. AMENDMENT NO. 680 - Request to amend the C -1 District regulations to allow automobile and general storage where consistent with the General Plan, subject to the approval of a use permit in each case; D. USE PERMIT NO. 3353 - Request to permit the construction of automobile and general storage with three second floor residential units on property located at 119 -123` Agate Avenue; zoned C -1. The proposal also includes a modification to the Zoning Code so as to allow a second floor access deck to encroach four feet into the required ten foot rear yard setback; E. COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 15 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance pursuant to the administrative guidelines for the implementation of State law relative to low- and moderate- income housing within the Coastal Zone in conjunction with the construction of a combined commercial /residential development on property located in the C -1 District; F. RESUBDIVISION NO. 895 combine three parcels a single building site commercial /residential on property located in District. - Request to )f land into for development the C -1 Report from the Planning Department. Appeal application from David Stone. Volume 43 - Page 320 LCPAII 16 PCA 680 U/P 3353 (88) CRDP# 15 Resub 895 • • CITY OF NEWPORT BEACH COUNCIL MEMBERS O G�f Z� OZ �f� vG �j, �► L CALL X71 Sa August 14, 1989 on Ayes x MINUTES It was noted that the applications GPA 89 -1(E) described above will, if approved, allow & U/P 3353 the construction of a mixed -use development which will include general and automobile storage and three residential units. David Stone, 132 S. Bay Front, Balboa Island, addressed the Council and referenced an elevation of the project which he stated is currently improved with two duplexes and a single - family residence on the subject property. He discussed the lack of parking on the Island, and stated he felt the proposed use would provide a support for the immediate residential area as there is a great demand for garages and storage. He stated that the Balboa Island Improvement Association, Little Balboa Island Homeowners Association, as well as neighbors in the vicinity have endorsed the project. He plans on having an on -site manager living in one of the units and felt that the project would upgrade the present use and be an asset to the community. Richard A. Higbie, 229 Marine Avenue, addressed the Council in favor of the project. He stated that the proposed project is the first one he has ever seen that tends to ameliorate any of the problems on the Island. He felt that Agate Avenue is marginal for residential use due to its continued traffic, and therefore, parking is almost nonexistent. He also felt the project takes away a lot of the residential use that would have impacted the area, and it would definitely improve the 100 block of Agate Avenue. Discussion ensued wherein it was suggested that the applicant make the changes that were requested by the Planning Commission in the event the application is approved, and bring back a revised set of drawings which reflect those changes at the same time the public hearing is held on the proposed ordinance under consideration. Hearing no others wishing to address the Council, the public hearing was closed. In view of the foregoing, motion was made to overrule the decision of the Planning Commission, and: Volume 43 - Page 321 COUNCIL MEMBEF A O WA s • • ,, 11 u CITY OF NEWPORT BEACH MINUTES August 14, 1989 E a) Adopt Resolution No. 89 -95, adopting General Plan Amendment 89 -1(E), and accepting the Environmental Document; b) Adopt Resolution No. 89 -96, adopting Local Coastal Program Amendment No. 16; c) Introduce and schedule public hearing on September 25, 1989, proposed ORDINANCE NO. 89 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AMENDING THE C -1 DISTRICT TO ALLOW AUTOMOBILE AND GENERAL STORAGE WHERE CONSISTENT WITH THE GENERAL PLAN, SUBJECT TO THE SECURING OF A USE PERMIT IN EACH CASE. [PLANNING COMMISSION AMENDMENT NO. 680]; d) Continue to September 25, 1989, Use Permit No. 3353; and e) Approve Coastal Residential Development Permit No. 15 and Resubdivision No. 895, subject to the findings and conditions contained in Exhibit "A" of the Planning Commission staff report, with the additional condition that these applications shall not be deemed approved until the effective date of the Ordinance introduced above. PUBLIC COMMENTS: Donald Hunter, Alternate Director of Golden State Mobile Home Owners League, addressed the Council and discussed SB 175 which pertains to mobile home residency rights. He stated he has information on the bill which was recently passed, and will forward it to the Council in their mailboxes. Volume 43 - Page 322 Res 89 -95 Res 89 -96 Ord 89 -20 Zoning (94) PCA 680 Motion All Ayes • • CITY OF NEWPORT BEACH MINUTES 1p\ lt\ August 14, 1989 X 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 28, 1989 - (a) Proposed ORDINANCE NO. 89 -21, Ord 89 -21 being, Business side of JAMBOREE BETWEEN SAN License/ AN ORDINANCE OF THE CITY Cafe Dancg COUNCIL OF THE CITY OF NEWPORT (27) BEACH ADDING SECTION 5.32.035 (74) TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PROHIBITION OF DANCING DURING CERTAIN HOURS. (Report from City Attorney) (b) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -98 incorporating PW /Jamboree STREET RIGHT -OF -WAY along the west SJHls Rd/ side of JAMBOREE BETWEEN SAN PCH /Npt St JOAQUIN HILLS ROAD AND PACIFIC System COAST HIGHWAY into the Newport Res 89 -98 Beach street system; authorize the (74) acceptance of offer of dedication of a Grant of Easement for street and highway purposes; and authorizing the Mayor and City Clerk to execute said easement and record with the Orange County Recorder. (Report from Public Works Department) (b) Resolution No. 89 -97 declaring the W /Vacati City's INTENTION TO VACATE A Prtn Back PORTION OF BACK BAY DRIVE; Bay Dr accepting a map showing the portion es 89 -97 of Back Bay Drive to be vacated; (90) and SETTING PUBLIC HEARING on September 11, 1989 concerning intended vacation. (Report from Public Works Department) (c) Resolution No. 89 -99 authorizing CA Cmsn on the Mayor and City Clerk to execute Peace Ofcrs an AGREEMENT WITH THE CALIFORNIA Stds & Trng COMMISSION ON PEACE OFFICERS Res 89 -99 STANDARDS AND TRAINING to produce a C -2763 video tape for the Supervisory (38) Leadership Institute. (Report from City Attorney) Volume 43 - Page 323 CITY OF NEWPORT BEACH MINUTES 0 August 14, 1989 Marinapark MHm Sp -8 Tsfr Sale/ Woods C -2764 (38) Hoag Hsptl Indmnty Agm C -2765 (38) OC /CNB Exchg Fire Rscu Emergcy Med Srvs C -2766 (38) PCH Wdng/ Npt- Highlnd Amnd 111 C -2591 (38) 989 -90 St/ lley Rcnst srfcg Pgrm -2751 38) Wdng/ .r Sprt 3. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute AGREEMENT REGARDING TRANSFER OF MARINAPARK MOBILE HOME • SPACE 8 -B to Tom Wood and Val Jean Wood. (b) Authorize the approval of an INDEMNITY AGREEMENT BETWEEN HOAG MEMORIAL. HOSPITAL PRESBYTERIAN AND CITY OF NEWPORT BEACH. (Report from City Attorney) (c) Authorize the Mayor and City Clerk to execute an AGREEMENT FOR THE EXCHANGE OF FIRE, RESCUE AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF NEWPORT BEACH AND ORANGE COUNTY. (Report from Fire Chief) (d) Approve Amendment No. 1 to AGREEMENT WITH STATE FOR SHARING OF PROJECT FUNDING FOR PACIFIC COAST HIGHWAY WIDENING, NEWPORT BOULEVARD TO HIGHLAND STREET (CONTRACT NO. 2591); authorize the Mayor and City Clerk to execute subject Amendment; waive the irregularities in the bid of Silveri & Le Bouef -JV; award • Contract No. 2591 to Silveri & Le Bouef -JV for $12,807,633.30 and authorize the Mayor and City Clerk to execute subject contract; approve Change Order No. 1 deleting Bid Item No. 44A; and approve Budget Amendments [refer to agenda item F -22, BA -013 and BA -014]. (Report from Public Works Department) (e) Award CONTRACT NO. 2751 FOR 1989 -90 STREET AND ALLEY RECONSTRUCTION AND RESURFACING PROGRAM to Sully- Miller Contracting Co. for the total price of $485,290; and authorize the Mayor and City Clerk to execute subject contract. (Report from Public Works Department) (f) Approve AGREEMENT FOR CONSTRUCTION SUPPOR17 SERVICES FOR PACIFIC COAST HIGHWAY WIDENING PROJECT (CONTRACT NO. 2591) with Robert Bein, William Frost & Associates; and authorize • the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) Volume 43 - Page 324 Marinapark MHm Sp -8 Tsfr Sale/ Woods C -2764 (38) Hoag Hsptl Indmnty Agm C -2765 (38) OC /CNB Exchg Fire Rscu Emergcy Med Srvs C -2766 (38) PCH Wdng/ Npt- Highlnd Amnd 111 C -2591 (38) 989 -90 St/ lley Rcnst srfcg Pgrm -2751 38) Wdng/ .r Sprt IL L • • • CITY OF NEWPORT BEACH 4 G� 9� G � August 14, 1989 4. (g) Authorize the Mayor and City Clerk to execute AGREEMENT with Ruth Young, to allow postponing payment of assessments under the CORONA HIGHLANDS UNDERGROUND UTILITIES/ ASSESSMENT DISTRICT #57, hardship program approved by the City Council on July 10, 1989. (Report from Public Works Department) (h) Authorize the Mayor and City Clerk to execute AGREEMENT with Delight Wiseman, to allow postponing payment of assessments under the CORONA HIGHLANDS UNDERGROUND UTILITIES /ASSESSMENT DISTRICT 1157, hardship program approved by the City Council on July 10, 1989. (Refer to report w /agenda item F- 3(g)). COMMUNICATIONS - For referral as indicated: MINUTES CHghlnds Asmt D1157 Hrdshp Prg/ Young C -2767 (38) CHghlnds Asmt D1157 Hrdshp Prg/ Wiseman C -2768 (38) (a) To Public Works Department "' PW response, letter of protest from (74) Dennis A. Rosene regarding highest assessment concerning his residence at 46:3 Serra, CORONA HIGHLANDS UNDERGROUND UTILITIES. (b) To Public Works Department for reply, letter from E. P. Benson suggesting City install a STREET LIGHTING SYSTEM on Pacific Coast Highway between Dover Drive and Superior Avenue. (c) To Traffic Engineering for response, letter from Saint James Episcopal Church concerning DELAYED SUNDAY METER HOURS PROGRAM for church services. (d) To City Manager for response, letter from James Lissner, Manhattan Beach, suggesting change in the CITY'S PERMIT REQUIREMENTS FOR OPERATORS OF HELIPORTS AND HELIPADS to better identify low, noisy and dangerously flying helicopters. (e) Removed from the Consent Calendar. (f) Removed from the Consent Calendar. Volume 43 - Page 325 PW (74) Traffic (85) (94) Cd NM+C,IL MEMBERS 4\%4% p%6 � G / 11 u • r� J CITY OF NEWPORT BEACH MINUTES August 14, 1989 (g) To Public Works Department for response, letter from Mrs. Viola Morrison concerning FINLEY TRACT SIDEWALK CONSTRUCTION, requesting variance for encroaching veneer planters. (h) To General Services for reply, letter from Joan Van Wickle regarding the LITTER, TRASH AND BROKEN GLASS left in the drainage ditch filled with stagnant water in the vicinity of the west side of SUPERIOR and the north side of PACIFIC COAST HIGHWAY at the bottom of the CalTrans West property. PW (74) GS (44) (i) To Building Department for Building response, letter from Archie and (26) Tamar Wilson concerning City's BUILDING CODE policy with regard to shake roofs (especially in the path of airplanes). (j) To City Librarian for inclusion in Library the records, letters from Mr. and (50)' Mrs. Arthur C. Wahlstedt, Jr. and Harry C. Goldberg in support of the NEW CENTRAL LIBRARY. (k) To Environmental Quality Affairs EQ /CAC Citizens Advisory Committee for (24) inclusion in the records, letter from Mike Soucek citing the condition of the BACK BAY and expressing appreciation for conversion and /or expansion of the State - County - Multi- Municipal Silt and Sediment Committee. (1) To Building Department for reply, Building letter from Berenice Maltby (26) regarding property at 717 Orchid and the City's BUILDING CODES and their revisions. (m) To Planning Department for reply, Planning letter from Kenneth F. Urbanus (68) concerning the termination of lunch service at the Stuft Noodle by withdrawing their USE PERMIT. (n) Removed from the Consent Calendar. Volume 43 - Page 326 ,/ 11 u • • CITY OF NEWPORT BEACH EMBERS MINUTES 'P y 00 .p August 14, 1989 INDEX (o) To Parks, Beaches and Recreation PB &R Commission for report back, letter (62) from West Newport Beach Association requesting the City bring to the attention of the County the urgent need for recreational activity park, i.e., WEST NEWPORT BEACH OXBOW LOOP /EAST END TIDELANDS (NEWPORT SHORES RECREATION PARK SITE). (p) To City Manager for response, City Mgr letter from Duncan P. Forgey (34) concerning CalTrans decision to continue the removal of PROPERTY AT 3600 NEWPORT BOULEVARD (LIDO MOBIL SERVICE STATION). (q) To Planning Commission for Planning inclusion in the records, letter (68) from Doris and John Boisseranc concerning property at 2500 SEAVIEW AVENUE. (r) To Planning Department for Planning preparation of the required zoning (68) provisions, letter from State of California, Department of Conservation, concerning $105,000 Grant for the planning, installation, and other measures related to the MITIGATION OF METHANE GAS HAZARDS in the City of Newport Beach. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of Costa Mesa Mayor Peter Buffs's reply to Orange County Transportation Commission regarding 20 -YEAR MASTER PLAN OF TRANSPORTATION IMPROVEMENTS. (b) Copy of reply from State of California Department of Transportation to City of Costa Mesa regarding EXTENSION OF ROUTE 55 FREEWAY THROUGH COSTA MESA. (c) Copy of letter from Harbor Island Community Association regarding PLOT PLAN OF WILLIAM POWER RESIDENCE. Volume 43 - Page 327 • • • CITY OF NEWPORT BEACH MINUTES tPA S n0 .� \G�tp 9N August 14, 1.989 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Auto Club for Gunvor Aanensen alleging damage to tire and front end alignment as a result of running over large chunk of asphalt in street on Newport Boulevard on March 14, 1989. (b) Mrs. Lee A. Bevilacqua seeking reimbursement of $6.00 which was put in defective meter at Balboa Pavilion Metered Parking Lot on May 19, 1989. (c) Walter Burgess seeking indemnification from claim filed by Eleanor Kingsley in February, 1988, involving sidewalk repair. (d) Peter W. Glaesman alleging his vehicle towed in error from Balboa Boulevard due to conflicting signs in area of Balboa Boulevard. (e) Ellen Goldman alleging her vehicle was towed in error. (f) 011ie Huntsman /Allstate Insurance Company alleging damage to vehicle as a result of traffic accident on April 12, 1989 on Jamboree Road at San Joaquin Hills Road. (g) Brad J. Martin seeking reimbursement of loss of wages while off work from injury as a result of tripping over raised bolts in sidewalk, on July 3, 1989, which were left when newspaper rack was removed from corner of Park and Marine Avenues. (h) Application for Leave to Present Late Claim of Brandi Oresko alleging damages and personal injuries as a result of accident on August 6, 1988, on Emerald (South Bayfront Alley). (i) Kathryn B. Romberger alleging damaged tire, seeking reimbursement as a result of vehicle crossing over traffic counter which came loose from the street at Via Lido and Newport Boulevard on July 18, 1989. Volume 43 - Page 328 (36) Club/ ilacqua ROLL • • CITY OF NEWPORT BEACH MEMBERS 4 IN August 14, 1989 MINUTES (j) Joan Williams alleging damage to Williams mobile home at 300 E. Coast Highway - Space #270, as a result of Pacific Coast Highway Widening in June /July, 1989. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) Approve one Police Records Specialist, Police Department. (b) Approve one Police Recruit, Administration Division. (c) Approve one Recreation Coordinator, Recreation Division. (d) Approve one Utilities Specialist II, Water Division. (e) Approve two Personnel Clerks, Personnel Department. (f) Approve one Equipment Operator I (Concrete Crew), Field Maintenance Division. (g) Approve one Equipment Mechanic I, Equipment Maintenance Division. (h) Approve one Groundsworker I, Parks, Beaches and Recreation Department. (i) Approve one Newport Center Library Manager, Library Department. (j) Approve one Reference Librarian, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City Attorney PE &R recommending APPROVAL OF OFF -SITE pt Dunes SIGNS IN CONJUNCTION WITH (62) REDEVELOPMENT OF NEWPORT DUNES. Volume 43 - Page 329 • • • CITY OF NEWPORT BEACH MINUTES w�yoo,� August 14, 1989 (b) Report from Public Works Department Cncl Plcy recommending ADOPTION OF REVISIONS L -6 TO COUNCIL POLICY L -6, "PRIVATE (69) ENCROACHMENTS IN PUBLIC RIGHTS -OF- WAYS." (c) Report from the Planning Department IFlanning regarding acceptance of a Negative (68) Declaration with supporting initial study for the proposed surcharge grading of the NEWPORT NORTH SITE. (d) ELECTION OF OFFICERS for the Fiscal Year 1989/90, for the following Boards /Commissions: (1) Library Board of Trustees ILibr report naming: Charles Bd Sword, Chairman; Jean (50) Kiger, Vice Chairman; Karen Evarts, Secretary. (2) Planning Department Planning report naming: Gary W. Cmsn Pomeroy, Chairman; Harry (68) 0. Merrill, Vice Chairman; Janice A. Debay, Secretary. 10. PUBLIC HEARING SCHEDULING: August 28, 1989 - (a) (Refer to F -10) - Proposed Ordinance regarding Granny Units. September 11, 1989 - (b) (Refer to agenda item F -2(b) - Intention of City to vacate portion of Back Bay Drive. (c) "Notice of Cost" for the PW construction of curbs and gutters (74) on the easterly side of BROAD STREET BETWEEN WESTMINSTER AND BOLSA AVENUES, under the procedure of Chapter 27 of the Improvement Act of 1911. (Report from Public Works Department) (d) Removed from the Consent Calendar. 11. BALBOA PENINSULA SEAWALL, ISLAND AVENUE Balboa TO ADAMS STREET (CONTRACT NO. 2662) - Pnsla SWall Accept work; and authorize the City Is Av /Adams Clerk to file a Notice of Completion and St release the bonds 35 days after the C -2662 1(38) Volume 43 - Page 330 CITY OF NEWPORT BEACH MINUTES �` `L', 'O y �' !r �L 9 �, '� G� A L CALL F �9 N August 14, 1989 • • Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 12. INSPIRATION POINT LANDSCAPE IMPROVEMENTS Insprtn Pt AND BLUFF RESTORATION (CONTRACT NO. Lndscp Impv 2411) - Accept the work; and authorize Blf Rsrtn the City Clerk to file a Notice of C -2411 Completion and release the bonds 35 days (38) after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 13. BAYSHORES COMMUNITY SCREEN WALL Bayshrs (CONTRACT NO. 2574) - Accept the work; C /Screen and authorize the City Clerk to file a Wall Notice of Completion and release the C -2574 bonds 35 days after the Notice of (38) Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from Public Works Department) 14. FINLEY TRACT STREET RECONSTRUCTION Finley Tr (CONTRACT NO. 2462) - Accept the work; St Rcnst and authorize the City Clerk to file a C -2462 Notice of Completion and release the (38) 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. 1988 -89 WATER MAIN REPLACEMENT PROGRAM 1988 -89 Wtr (CONTRACT NO. 2701) - Accept the work; Mn Rplcm and authorize the City Clerk to file a C -2701 Notice of Completion and release the (38) 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) 16. HARBOR PERMIT APPLICATIONS - Uphold Harbor staff's recommendations for approval for Permits the following, subject to conditions (51) listed in the staff reports. (Reports from Marine Department) (a) APPLICATION NO. 105 -2717 Removed from the Consent Calendar. (b) APPLICATION NO. 150 -121 by Apli#150- Pauline Woodruff to revise the 121 residential float bayward of 121 North Bay Front, Balboa Island. Volume 43 - Page 331 • • • CITY OF NEWPORT BEACH MINUTES aP� s C �tA August 14, 1989 (c) APPLICATION NO. 124 -3400 by Ap1i11124- Duncan McIntosh to temporarily 3400 revise the commercial docks bayward of Lido Village at 3366 Via Lido. 17. APPEAL OF CHIN CHA DANA MASSAGE PERMIT - PerR Uphold the hearing officer's findings Mass and recommendations in the appeal permit Appe denial. (Report from Business License (65) Supervisor) 18. WEST COAST CAB COMPANY - Uphold staff's West Coast recommendation to approve request to Cab Co substitute and increase the taxicabs (86) operated in the City by subject cab company. (Report from Business License Supervisor) 19. SPECIAL EVENTS PERMITS - Uphold staff's Special recommendation to approve the following: Events Petm (Report from the Business License (65) Supervisor) (a) APPLICATION NO. 89 -266 - Use of amplified sound in a residential area by Jane Croul at 427 & 429 Fernleaf for wedding. (b) APPLICATION NO. 89 -219 - Temporary street closure and banner for the McIntosh Boat Show, September 7 - 17, 1989. 20. ARTS COMMISSION VACANCY - Accept with regret the resignation letter from Kym Young, dated July 28, 1989; direct City Clerk to order permaplaqued Certificate of Appreciation and post vacancy notice. 21. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE RECORD - Approve Mayor Pro Tem Ruthelyn Plummer's expense record in the amount of $720.99 for July 26 - 28, 1989; and Council Member Evelyn Hart's expense record in the amount of $618 for July 27 - 29, 1989 to attend League of California Cities Mayor /Councilmen Conference. 22. BUDGET AMENDMENTS - For approval: BA -009, $15,000 - Transfer in Budget Appropriations for software to existing Personal Computer Network erroneously omitted when 1989 Budget was prepared; City Clerk /Finance /Data Processing/ Engineering Funds. Volume 43 - Page 332 kpli1189 -266 Apli1189 -219 Arts Cmsn (24) Cncl Trvl/ Expns (33) • 1� u Motion • X CITY OF NEWPORT BEACH MINUTES i. o �N August 14, 1989 BA -010, $25,000 - Increase in Budget Appropriations for Human Services Grants approved by City Council on July 24, 1989; Nondepartmental Fund. BA -011, $1,915 - Increase in Budget Appropriations for purchase of Cellular Telephone; Federally Adopted Forfeiture Fund. BA -012, $21,010 - Transfer in Budget Appropriations for purchase of 6 Aerobic Trainers, Maintenance and Improvements to Physical Fitness Equipment; Fire - Suppression Fund. BA -013, $170,500 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for water system improvements, Pacific Coast Highway Widening Project (Contract No. 2591); Water Fund. BA -014, $54,500 - Decrease in Unappropriated Surplus and Transfer in Budget Appropriations for replacement of gas line from oil field to Hoag Hospital, gas venting system adjacent to Balboa Coves (reimbursement from State's Methane Hazard Fund); Tide and Submerged Lands Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from City Attorney introducing Ord 89 -22 and scheduling public hearing on Zoning August 28, 1989 regarding proposed Granny Unts ORDINANCE NO. 89 -22, being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PROVISIONS OF CHAPTER 20.78 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO GRANNY UNITS [PLANNING PCA 681 COMMISSION AMENDMENT 6811. Motion was made by Council Member Turner to introduce and schedule public hearing on August 28, 1989 regarding proposed Ordinance No. 89 -22, but deleting the language in Item G of said ordinance and replacing with the following: "The primary residence or granny unit shall be continuously occupied by at least one person having an ownership interest in the property." Volume 43 - Page 333 Motion Ayes Noes • CITY OF NEWPORT BEACH � 4 'A x x x x x x x x Ayes Noes f Ix Ix I- xl xI x1 I x • Motion All Ayes Motion All Ayes • x MINUTES August 14, 1989 Council Member Hart disagreed with Council Member Turner's proposed wording, stating she felt it was not really the intent of a granny unit pursuant to State law; and therefore, moved a substitute motion to introduce Ordinance No. 89 -22, leaving the language in Item G as presented, except for the deletion of the word "continuously," which motion FAILED. The motion made by Council Member Turner was voted on and carried. 2. Report from Marine Department regarding Harbor HARBOR PERMIT APPLICATION NO. 105 -2717 by Permit Eric Schroeder and Jim Beauchamp to Ap10105- construct a joint dock bayward of 2717 2717 and 1719 Shell Street. (51) The City Clerk advised that after the agenda was printed, a letter was received regarding the subject application from Gerald L. Thompson, 2701 Shell Street. Eric Schroeder, applicant, addressed the Council and advised that he hired SEA Constructors to perform soundings in the bay in front of the property, as well as an architect to design the pier to withstand wave - action, etc., in the area. Motion was made by Council Member Sansone to refer this item to the Tidelands Affairs Committee for report back as to the structural aspects of the proposed piers. 3. Letter from Frank Fauiso and signatures IPark from Balboa Island residents requesting JPerm PARKING PERMIT SYSTEM for east /west ends (63) of Balboa Island, and Little Island. Motion was made to refer this letter to Traffic Affairs Committee for response, and report back within three months as to how other Southern California coastal cities are handling their parking permit systems. 4. Letters from Josephine C. Veale, Mark Traffic Savage, and Dave Sherreitt concerning (85) backup of czars waiting for the BALBOA ISLAND FERRY on Friday and Saturday evenings during the summer months, and Volume 43 - Page 334 0ion All Ayes Motion All Ayes CITY OF NEWPORT BEACH MINUTES ��'S'co� \CTyG�3 v9� � 9� to 06 GIN August 14, 1989 X X memorandum from Council Member Watt to Traffic Affairs Committee regarding the BALBOA ISLAND TRAFFIC ISSUES, with letters from Robert Hoban, and Mrs. Sidney (Bunty) Justin concerning same. Motion was made to refer the subject letters to the Traffic Affairs Committee for verbal report back on the August 28 study session. Staff also to notify and Invite interested residents to the Traffic Affairs Committee meeting when this item is discussed. 5. Report from Public Works Department Finley scheduling public hearing on Tract St September 11, concerning FINLEY TRACT Rcnst STREET RECONSTRUCTION (CONTRACT NO. C -2462 2462). (38) Motion was made to defer action on this item until a future date, as recommended by the Public Works Department. 6. Letter from Nancy L. Downs protesting Utilities/ the INSTALLATION OF LIGHTS IN THE E. Ocean 300/400 BLOCK OF E. OCEAN FRONT. Front (89) Rex Hoover, 402 E. Ocean Front, addressed the Council in opposition to the proposed placement of lights at the above location. He stated that the lights, if installed would be approximately 10 feet from his property and 20 feet: from his bedroom window. He felt the lights would be ineffective at the proposed location, inasmuch as most of the night activity is near the fire rings and not near the boardwalk. he also advised that none of the affected property owners were notified of the proposed lights. Paul Tharp, 402 E. Ocean Front, addressed the Council and submitted a petition from owners and residents in the 400 block of E. Ocean Front in opposition to the installation of lights at this location. He stated their concern is the positioning of the lights and their purpose. They felt the lights were unnecessary due to an existing light already at the subject location. Volume 43 - Page 335 L l C] 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 9 C� 9j► 2� gy �3, vG 7p� �► �� August 14, 1989 The City Manager reported that the sites for the selection of the lights was done by the Police and Utilities Departments, and in the opinion of the Police Department, the lights are needed in order to assist in clearing the beach at 11:00 p.m. He added that there are similar lights in other areas of the City which have aided in beach closure; the lights are directional lights and not flood lights; the lights will be put on timers set to go on approximately 30 minutes prior to 11:00 p.m., and will go off as soon as the beach has cleared; and a contract has been approved for this work and the material has been ordered. Jim Rinaldi, 402 E. Ocean Front, addressed the Council in opposition to the proposed lights. He stated he was in favor of "cleaning up the area," but not in this manner. He stated that the lights at the Wedge are not as close to residential properties as is proposed for this project, and he does not feel the lights will prove to be that beneficial in clearing the beach. He also felt ithe residents should have been notified prior to approving the contract for the work. Darlene Brinks, 412 E. Ocean Front, addressed the Council and spoke in opposition to the lights. She suggested the staff investigate the Police logs for this location before the lights are installed, as this area was "desolate" at night, and therefore, the lights are unnecessary. She also stated that the lights (near the fire rings) remain on until the early morning hours and are a large "waste of energy;" the placement of the lights is very "irregular;" and residents should have been asked for input prior to installation. Robert A. Foster, 404 —B E. Ocean Front, addressed the Council in opposition to the lights, suggesting the Council defer this item to a study session for further discussion. He also recommended the installation of lights be suspended in the 400 block of east Ocean Front until the issue is resolved. Volume 43 — Page 336 . Ocean ROLL CAL Motion All Ayes • Motion 4V yes Motion All Ayes ,/ 11 u CITY OF NEWPORT BEACH ' C �'� y 0 i t� the �� August 14, 1989 A x x MINUTES Following discussion, motion was made to direct the staff to investigate feasibility of suspending installation of lights in the subject area temporarily, provided there are no liquidated damages; that the Police Chief respond to the subject letter, and report back at the August 28 study session; and further, that staff notify all affected property owners of time and date of that meeting. H. ORDINANCES FOR ADOPTION: 1. 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), was presented for second reading with recycled report from Public Works Department, dated July 24, 1989. Motion was made to adopt Ordinance No. 89 -16. 2. Proposed ORDINANCE NO. 89 -17, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 10.28.040 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO CONSTRUCTION NOISE, was presented for second reading with recycled report from the City Attorney, dated July 17, 1989. Motion was made to adopt Ordinance No. 89 -17. 3. 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, was presented for second reading with recycled report from Personnel Director, dated July 27, 1989. Volume 43 - Page 337 Ord 89 -16 Zoning/ SAna Hghts SP -7 (94) PCA 676 89 -17 Noise Ord 89 -18 .E.R.S. etirement 66) CITY OF NEWPORT BEACH OUNCIL MEMBERS �vY cofi 9�► \�'A Ztn �tno GIN August 14, 1989 Motion All Ayes Motion Ayes x x x x Abstained Motion All Ayes 0 x x x x x Motion was made to adopt Ordinance No. 89 -18. I. CONTINUED BUSINESS: 1. Report from the City Manager regarding STATEMENT FAVORING PROPOSITION TO SELL 4210 RIVER. AVENUE. MINUTES Following comments by Mayor Pro Tem Plummer and Council Member Watt, motion x was made to authorize Mayor Pro Tem Plummer, Council Members Hart and Turner, A. Z. Taft, Parks, Beaches and Recreation Commissioner, and Jerry Cobb, President, West Newport Beach Homeowners Association to sign the statement favoring the subject measure. 2. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEE FOR EMERGENCY PREPAREDNESS. Motion was made to confirm the following appointments: (District 1) Mayor Strauss's appointments of Paul Connally and Jane Piasecki. (District 2) Council Member Plummer's appointment deferred to August 28, 1989. (District 3) Council Member Hart's appointment of William Nelson. (District 6) Council Member Sansone's appointment of Bruce Beardsley and remaining appointment deferred to August 28, 1989. (District 7) Council Member Cox's appointment of Melinda O'Brien and remaining appointment deferred to August 28, 1989. J. CURRENT BUSINESS: 1. Resignation letter from Norma Glover, from the ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE, as a result of appointment to the Planning Commission. Volume 43 — Page 338 Election/ 4210 River (39) /CAC Z� Z Motion All Ayes • • VIP CITY OF NEWPORT BEACH MINUTES August 14, 1989 x Motion was made to confirm (District 3) Council Member Hart's appoint of Janine Gault to fill the unexpired term of Norma Glover ending December 31, 1989. Meeting adjourned at 11:20 p.m. in memory of Earl Hardage, stepfather of Cecelia Turner. The agenda for this meeting was posted on August 10, 1989, at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ty Clerk Volume 43 - Page 339