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HomeMy WebLinkAbout12/11/1989 - Regular Meetingvuro011- mr- mar-Ra '% REGULAR COUNCIL MEETING Council Chambers x x PLACE: � '� 7 f TIME: 7:30 P.M. A DATE: December 11, 1989 All Present x x Motion All Present On All Present • 16 x x x x x x x A. ROLL CALL. B. Reading of Minutes of Meeting of November 27, 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: ANNUTES 1. Mayor Plummer opened the continued public hearing and City Council review of an APPEAL BY LOURDES GULMATICO, Huntington Beach, from the denial by the Planning Commission on August 10, 1989, of USE PERMIT NO. 3356, a request to permit the establishment of a take -out restaurant with on sale beer and wine and incidental seating, specializing in pizza; on property located at 107 Palm Street, Central Balboa; zoned C -1. The proposal also includes a request to waive the required off - street parking spaces. Report from the Planning Department. The City Manager summarized the staff report noting the following: At its meeting of October 9, 1989, the City Council continued this item to its meeting of December 11, 1989, so as to allow the City Council the opportunity to consider the proposed "Specialty Food Uses" Ordinance prior to taking action on the subject application. Said continuance was necessary inasmuch as under the provisions of the Land Use Element of the General Plan, the establishment of the proposed take -out restaurant would be considered an intensification of use, and therefore, prohibited due to the fact that it is to be located in an existing commercial building which exceeds the allowable Floor Area Ratio permitted for buildings containing take -out restaurants. Under the proposed "Specialty Food Uses" Ordinance, certain take -out restaurants meeting specific criteria, would be placed in a category of "Specialty Food," and would be considered comparable to retail uses relative to intensity of development. As recommended, the establishment of Volume 43 - Page 504 U/P 3356 (88) • • • MINUTES December 11, 1989 "Specialty Food" uses shall be subject to the approval of the Modifications Committee and shall comply with the following criteria: 1. Has a gross floor area of 1,200 square feet or less. 2. Has 12 or fewer seats and /or stand -up counter spaces. 3. Sells no alcoholic beverages. 4. Has no live entertainment or dancing. 5. Provides at least one parking space for each 250 square feet of floor area. No credit is to be given for existing nonconformities. At its meeting of November 27, 1989, the City Council adopted the "Specialty Food Uses" Ordinance No. 89 -35 as recommended by the Planning Commission. Said ordinance will be effective on December 27, 1989. Under the "Specialty Food Uses" Ordinance, the proposed take -out restaurant operation would have to be modified in the following manner in order to be considered a "Specialty Food" use: 1. The service of alcoholic beverages must be eliminated. 2. Any combination of 8 counter seats and /or bench seats must be removed. 3. A minimum of 4 off - street parking spaces must be provided. It was pointed out that the applicant has previously indicated he would make any necessary changes to his proposal so as to conform to the "Specialty Food Uses1° Ordinance. However, inasmuch as the subject property has no on -site parking, nor has suitable off -site parking been proposed, the applicant is unable to satisfy the criteria to be considered a "Specialty Foodt1 use. Under the circumstances, the City Council is required to sustain the action of the Planning Commission and Volume 43 - Page 505 U/P 3356 • • • CITY OF NEWPORT BEACH MINUTES December 11, 1989 deny the applicant's appeal with the U/P 3356 findings set forth in Exhibit "A" of the staff report. The staff also felt that the appeal should be denied based on the fact that the General Plan adopted in October 1988, indicated that the City should not increase density of uses in particular zones, with this area being in one of those zones. In response to Council Member Cox, the staff advised that if the applicant were to comply with all three requirements listed in the foregoing, he would fall under the category of a "Specialty Food" use; and therefore, would be permitted to operate a take -out restaurant. Carlo Mione, representing the applicant, addressed the Council and stated that they have no objection to eliminating the use of alcoholic beverages, and would reduce the seating capacity to that required by Code; however, they would still need the City to waive the requirement of 4 parking spaces in order to obtain a use permit. They have contacted local residents in the area and have obtained 28 signatures in favor of the proposed use. He also added that there is public metered parking across from the site. It was noted that the City Council does not have the authority to waive the required parking pursuant to the newly adopted "Specialty Food Uses" Ordinance. The City Attorney advised that the "Specialty Food Uses" Ordinance would not have allowed the applicant to begin operation as a hybrid retail use, as the ordinance requires off - street parking which the subject applicant has indicated he cannot provide. As such, the application is deemed as a restaurant which, under the General Plan as amended in October 1988, has a limited floor area ratio; and therefore, the subject application cannot be approved in a manner that is consistent with the General Plan. He stated it was not the "Specialty Food Uses" Ordinance that created this problem, but rather the General Plan Amendment. Volume 43 - Page 506 C Motion Motion x x CITY OF NEWPORT BEACH Ayes I l I T I XIx X 0 MINUTES December 11, 1989 Mr. Mione stated he felt it was U/P 3356 subjective opinion at this point by the Planning Department to which he disagreed. He stated he has a restaurant on Balboa Island, and in Lido Marina Village with no required parking. Discussion ensued with regard to the recently adopted "Specialty Food Uses" Ordinance, and the floor area ratio for the proposed use set forth in the General Plan, following which the public hearing was closed. Motion was made to deny the subject appeal. Substitute motion was made to continue this public hearing to January 22, 1990, with applicant to pursue the feasibility of locating the required 4 off - street parking spaces. It was also suggested by Council Member Turner that the Council review again on January 8, 1990, the "Specialty Food Uses" Ordinance. Ix I The substitute motion was voted on and carried. 2. Mayor Plummer opened the public hearing PCA 691 regarding PLANNING COMMISSION AMENDMENT Zoning NO. 691, a request of the DONALD BREN (94) COMPANY, Newport Beach, to amend the NORTH FORD /SAN DIEGO CREEK PLANNED COMMUNITY DISTRICT REGULATIONS to allow the construction of improvements such as trellis and beam construction, patios, pools and spas within the reciprocal side yard easements. Property consisting of Tract No. 12271, the detached single- family area of the North Ford /San Diego Creek Planned Community; zoned P -C. Report from Planning Department. The City Manager summarized the staff report noting that the PC text that was approved with this subdivision technically did not permit the encroachments the applicant intended to place in the reciprocal sideyards, i.e., patios, trellis, pools, etc.; and therefore, this particular application is submitted with the approval of the respective homeowner's association; is consistent with the association's Volume 43 - Page 507 CITY OF NEWPORT BEACH COUNCIL MEMBERS � December 11, 1989 ROLL CALL MINUTES CC &R's, and necessitated in making the PCA 691 City's Development Standards consistent with those CC &R's. • Michael Gantes, 3107 Corte Caleta, resident of the subject subdivision, addressed the Council and stated that the proposed amendment does not conform to the current CC &R's on the property, contrary to the statement made by the City Manager. At the time he purchased his property and signed the CC &R's, he was also never advised of the City's Community District Regulations. He stated that one of his objections to the proposed amendment, is the placement of a pool within three feet of the foundation of his home. He also objects to trellises on the side of his property, as well as the "vagueness" of the CC &R's. He stated he was not notified of this hearing and would not have known about it if he had not picked up a sign which had been posted and fallen to the ground in the area. He further added that he has also filed a lawsuit with his homeowner's association due to a pool drain in his backyard inasmuch as he does not have a pool. He requested the City Council reconsider the subject amendment prior to final • approval. The City Manager stated that inasmuch as there was no representative in attendance from the Bren Company to clarify the CC &R's issue, he would recommend this public hearing be continued. The City Attorney advised that the City, as a policy matter, does not enforce the provisions of CC &R's within any particular Planned Community; however, the City does enforce provisions of Development Standards. If there is a conflict between the two regulations, the City has disregarded the CC &R's in the past and relied on the Planned Community text. Under these special circumstances, the Council may wish to review the existing CC &R's concerning the rights of property owners to encroach within reciprocal easements. With regard to notification of this . public hearing, the Planning Director reported that inasmuch as the use or zoning is not being changed on the subject property, the City was not Volume 43 — Page 508 CITY OF NEWPORT BEACH COUNCIL MEpMBERSW, A 4L � December 11, 1989 . Rnl 1 P.AG I MINUTES TmiFiwl required to notify all property owners PCA 691 within this subdivision of the proposed amendment. He also added that there have been three hearings on this matter and this was the first time he was aware of • any concerns regarding this amendment. Motion x Discussion ensued, wherein it was All Ayes indicated that inasmuch as there could be an inconsistency between the CCBR's and the staff report, Council Member Turner moved to continue this public hearing to January 8, 1990 for further clarification of the issues raised by Mr. Gantes. 3. Mayor Plummer opened the public hearing Ord 89 -39 regarding proposed ORDINANCE NO. 89 -39, Building/ being, Earthquake Reduction AN ORDINANCE OF THE CITY COUNCIL OF (26) THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.07 OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "EARTHQUAKE HAZARD REDUCTION." Report from the Building Director. The City Manager summarized the staff report noting that Governor Deukmejian • signed Senate Bill 547 into law on July 2, 1986. This law requires cities and counties in Seismic Zone 4 to complete three tasks by January 1, 1990: 1. Identify potentially hazardous buildings. 2. Develop and implement a hazard mitigation program. 3. Report to the Seismic Safety Commission a summary of building survey lists, a description of the mitigation program and implementation of this mitigation program. It was pointed out that Newport Beach is located in Seismic Zone 4. This zone is identified as an area with the highest level of earthquake activity. Unrein- forced masonry buildings in particular have performed poorly in every damaging California earthquake and are considered the foremost threat to life. Although • not every unreinforced masonry building will collapse in a significant earth- quake, a large number of them will have some degree of life- threatening failure. Volume 43 - Page 509 ,r �J u 18n yes Mo ion yes x X Unreinforced masonry bearing wall buildings typically have four areas of weakness, as enumerated in the report. MINUTES The City Manager advised that the Building Department, in conjunction with staff and consultants, are in the process of surveying buildings throughout the City which do not meet the earthquake standards, and approximately 100 buildings have already been identified. The ordinance also specifies that owners must submit structural analysis of their building within one year (January 1, 1991) and if these buildings are found to fall within the parameters of SB -547, the following timetable applies: Hazard Abatement Classi- Mitigation Work fication Permits by Completion High 1/1/92 1/1/94 Medium 1/1/93 1/1/95 Low 1/1/94 1/1/96 Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 89 -39. Earthquake Reduction 4. Mayor Plummer opened the public hearing Tri -Star pursuant to Newport Beach Municipal Code Towing Chapter 5.13 for request of TRI -STAR (70) TOWING, INC. for CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Report from Business License Supervisor. It was pointed out that the subject request is to operate seven (7) tow trucks at the rates listed on the application for nonpolice tow operations. David Booth, representing Tri -Star Towing, Inc., addressed the Council and stated he was available for questions. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to uphold staff's recommendation to approve the issuance of a Certificate of Public Convenience and Necessity to Tri Star Towing, Inc., to operate seven (7) tow trucks at the rates listed on the application for nonpolice tow operations. Volume 43 — Page 510 COUNCIL MENDERS December MINUTES INDEX E. PUBLIC COMMENTS: 1. Mark Hughes, representing his parents Pelican who reside at 524 Seaward Road, Corona Hills del Mar, addressed the Council and Drainage • submitted a letter regarding the Pelican Hills drainage problem down Morning Canyon Road, east of Seaward Road. The letter cited six major concerns. There being no objections, the Public Works Director advised that he would review the subject letter and report back on January 8, 1990. 2. John Pizzini, 2003 Anaheim Avenue, Costa Student Mesa, addressed the Council regarding a Work Student Work Program he would like to Program solicit funding for in Newport Beach. He stated that after being cited for not having a business license, he obtained the necessary permit for himself, but did not realize that each of the students who would be soliciting would also need a license at a cost of $225 each. He stated the students cannot afford this fee individually and he would like the Council to consider waiving the requirement that each solicitor obtain a permit, or reduce the fee. He distributed a hand -out explaining the benefits of the Student Work Program. There being no objections, the subject request was referred to the Business License Supervisor for investigation. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: (a) Pass to second reading on January 8, 1990 - Proposed ORDINANCE NO. 89 -40, Ord 89 -40 being, Parking Meter Zone: AN ORDINANCE OF THE CITY (63) COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.020(d) OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD THE PORTION OF PALM STREET BETWEEN THE ALLEY SOUTHERLY OF Volume 43 - Page 511 L 9 0 r� MINUTES December 11, 1989 BALBOA BOULEVARD AND OCEAN FRONT TO PARKING METER ZONE FOUR. (Report from Offstreet Parking Committee) (b) Removed from the Consent Calendar. Schedule for public hearing on January 8, 1990 - (c) Proposed ORDINANCE NO. 89 -42, Ord 89 -42 being, Utilities Methane Gas AN ORDINANCE OF THE CITY Mitigation COUNCIL OF THE CITY OF NEWPORT (89) BEACH ADDING CHAPTER 15.55 ESTABLISHING A METHANE GAS MITIGATION DISTRICT. (Report from Utilities Director) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -137 establishing Parking NO PARKING RESTRICTIONS FROM 8:30 Restrctns/ A.M. TO 12:30 P.M. ON BAYSIDE St Sweeping DRIVE, between Marguerite Avenue Res 89 -137 and Jasmine Avenue on Tuesdays on (63) the north side and Wednesdays on the south side for STREET SWEEPING. (Report from Traffic Affairs Committee) (b) Resolution No. 89 -138 establishing Fee /Annual the FEE FOR THE ANNUAL PARKING Parking PERMIT at $60.00, with the fee to Permit be increased in subsequent years by Res 89 -138 the change in Consumer Price Index, (65) rounded to the nearest whole dollar, a fee reduction of 50% for those purchasing the Permit after August 31 of each year, and rescinding Resolution 89 -115. (Report from Offstreet Parking Committee) (c) Resolution No. 89 -139 REVISING THE Parking HOURS OF OPERATION OF PARKING Meters /Hrs METERS and rescinding Resolution Res 89 -139 89 -100. (Report from Offstreet (63) Parking Committee) (d) Resolution No. 89 -140 ratifying the Santa Ana APPLICATION OF SAN JUAN CAPISTRANO Rvr Flood FOR MEMBERSHIP IN THE SANTA ANA Prtctn Agcy RIVER FLOOD PROTECTION AGENCY. SJ Cap (Report from Public Works Res 89 -140 Department) C -1697 (38) Volume 43 - Page 512 • • 0 �_" • A Ii MINUTES December 11, 1989 (e) Resolution No. 89 -141 MAKING Assmt D#58/ FINDINGS ON PETITION REQUESTING Cannery Vlg CONSTRUCTION OF CERTAIN PUBLIC Res 89 -141 IMPROVEMENTS PURSUANT TO TERMS AND (74) PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913," DIVISION 12 OF THE STREETS AND HIGHWAYS CODE, STATE OF CALIFORNIA [CANNERY VILLAGE - ASSESSMENT DISTRICT NO. 58] (Report from Public Works Department) (f) Resolution No. 89 -142 accepting Assmt D#58/ PETITION AND MAKING APPOINTMENTS IN Cannery Vlg A SPECIAL DISTRICT [ASSESSMENT Res 89 -142 DISTRICT NO. 58 - CANNERY VILLAGE (74) AREA STREET IMPROVEMENTS CONTRACT NO. 26991. (Refer to report w /agenda item F -2(e)) (g) Resolution No. 89 -143 adopting Assmt D#58/ PROPOSED BOUNDARY MAP FOR THE Cannery Vlg SPECIAL DISTRICT [CANNERY VILLAGE - Res 89 -143 ASSESSMENT DISTRICT NO. 581. (74) (Refer to report w /agenda item F -2(e)) (h) Resolution No. 89 -144 DECLARING INTENTION AND COVERING PRELIMINARY DETERMINATION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN CANNERY VILLAGE ASSESSMENT DISTRICT NO. 58; ORDERING THE PREPARATION OF A REPORT DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. (Refer to report w /agenda item F -2(e)) (i) Resolution No. 89 -145 PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL; AND SETTING TIME AND PLACE FOR PUBLIC HEARING ON FEBRUARY 12, 1990, AT 7:30 P.M. IN THE CITY HALL COUNCIL CHAMBERS. (Refer to report w /agenda item F -2(e)) (j) Resolution No. 89 -146 REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS; APPROVING PLANS AND SPECIFICATIONS; AND AUTHORIZING THE CITY CLERK TO ADVERTISE FOR BIDS TO BE OPENED AT 11:00 A.M. ON JANUARY 23, 1990. (Refer to report w /agenda item F -2(e)) (k) Removed from the Consent Calendar. Volume 43 - Page 513 Assmt D#58/ Cannery Vlg Res 89 -144 (74) Assmt D1158 Cannery Vlg Res 89 -145 (74) Assmt D#58 Cannery Vlg Res 89 -146 (74) �J �J • is i +� MINUTES December 11, 1989 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2585 to Nobest, SJH Rd Sub - Incorporated for the total bid drain /CdM price of $81,322; and authorize the St Bch Adtl Mayor and City Clerk to execute Pkg Stls subject contract for SAN JOAQUIN C -2585 HILLS ROAD SUBDRAIN AND SURFACE (38) DRAIN RECONSTRUCTION, CORONA DEL MAR STATE BEACH ADDITIONAL PARKING STALLS. (Report from Public Works Department) (b) Award Contract No. 2716 to Drainage Storm Drain Construction, Inc., for the total Imprvm Prg bid price of $157,000; approve a C -2716 Budget Amendment to transfer (38) $69,644; and authorize the Mayor and City Clerk to execute subject contract for STORM DRAIN IMPROVEMENT PROGRAM. (Report from Public Works Department) (c) Authorize termination of HELICOPTER MAINTENANCE CONTRACT with Tallmantz Aviation on December 18, 1989; and enter into a contract with SAN DIEGO HELICOPTER (MAINTENANCE) AND SOUTH COAST HANGAR (HANGAR FACILITIES). (Report from Police Department) Helicopter Maint /Han- gar Fac C- 2786/SD C- 2786A/SC (38) (d) Authorize Agreement regarding Marina TRANSFER OF MARINAPARK MOBILE HOME MH Sp SPACE AND COMPENSATION FOR SERVICES C -2787 AND COSTS FOR SPACE NO. 11D TO (38) NIRA, DANIEL E. AND ELANA S. ROSTON. 4. COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation PB &R Commission for inclusion in the (62) records, letter from Perry Carter, property administrator for Villageway Management, Inc., expressing the Board of Directors of Promontory Bay Community Association's support concerning John Tahl and Barbara Pannier (645 and 639 Bayside Drive) and their request for tree removal. (b) To Public Works for response, PW /U letter from Roy S. Giordano ties concerning easement he granted to (89) Edison Company (Assessment District No. 57 - Underground Utility Easement at 626 Seaward Road). Volume 43 - Page 514 R L • 0 11 CITY OF NEWPORT BEACH MINUTES December 11, 1989 (c) To Public Works for report back, letter from West Newport Beach Association concerning SAFETY ON SEASHORE DRIVE. (d) To Business License Supervisor for response, letter from Herbert N. Samuels with suggestions for ordinance requiring that each CHARITY SOLICITING FUNDS within the City furnish certain information to the person solicited. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Pat Builders alleging City employee stole 4' wooden masonry type level from his work truck on November 22, 1989, at Finley and 36th Street. (b) Elizabeth A. Caviston alleging City vehicle rearended her car at 32nd Street and Balboa Boulevard on October 17, 1989. (c) Robert R. Comstock alleging personal injuries as a result of being rearended by Police vehicle on Jamboree Road on September 28, 1989. PW (74) Bus Lic (27) (36) Builders Caviston Comstock (d) William M. Grande alleging personal Grande injuries as a result of hole existing on or near curb within crosswalk near intersection of Tustin Avenue and Pacific Coast Highway on November 18, 1989. (e) Jacqueline K. Herrera seeking indemnity from complaint filed by Lilly H.C. Nguyen Tran, et al for accident on November 15, 1988 on Eastbluff Avenue. (f) John F. Kingsley seeking reimbursement of medical bills incurred as a result of drinking City's water allegedly containing larva infestation through Newport Beach Water System from May through October and November, 1989. Volume 43 - Page 515 Herrera Kingsley • 11 u C� (g) Von E. Reigle alleging false arrest Reigle and imprisonment by Newport Beach Police Department, etc., on October 16, 1989. (h) Joan Shaw alleging damage as a Shaw result of sewer backup at 430 Poppy Avenue, on November 25, 1989. (i) John Westrem alleging City worker Westrem was mowing lawn when lawn mower threw rock, breaking the glass door of upstairs apartment at 924 E. Ocean Front on October 19. 1989. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Mark Dixon for Declaratory and Dixon Injunctive Relief, Jury Demand, etc., United States District Court, Case No. CV -89 -6357, File No. 42- U.S.C. 1983. B. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Executive Secretary, Library Department. (b) Three Police Officers, Police Department. (c) One Police Secretary, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from City Attorney Newport recommending approval of a PARKING Dunes Pkg STUDY IN CONJUNCTION WITH NEWPORT Stdy DUNES REDEVELOPMENT (CONTRACT NO. C -2394 2394). (38) (b) FINANCIAL REPORT from Moreland and Finance Associates, Inc., CPA's, for the (40) FISCAL YEAR 1988 -89. For Council information and filing: (c) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - February 12, 1990: (a) Refer to agenda item F -2(i)) Volume 43 - Page 516 P -� t • E E MINUTES December 11, 1989 11. REHABILITATION OF THE LINCOLN SCHOOL Lincoln ATHLETIC FACILITIES (CONTRACT NO. 2658) School - Accept the work; and authorize the Athletic City Clerk to file a Notice of Fac /Rehab Completion and release the bonds 35 days C -2658 after Notice of Completion has been (38) recorded in accordance with applicable portions of the Civil Code. (Report MacArthur from Public Works Department) B1 Ping 12. HARBOR PERMIT APPLICATION NO. 150 -101 - Harbor Perm Uphold staff's recommendation for Apli 150 - approval, subject to conditions in the 101 staff report for Richard Miller to (51) revise the residential pier and float bayward of 101 North Bay Front. (Report from Marine Department) 13. MACARTHUR BOULEVARD PLANNING STUDY AND MacArthur ENVIRONMENTAL DOCUMENT - Concur with B1 Ping staff's proposal to participate with Stdy /ED CalTrans, City of Irvine, the San (74) Joaquin Hills Transportation Corridor Agency and The Irvine Company in a program to prepare a preliminary design and environmental document for the improvement of MacArthur Boulevard between Coast Highway and San Diego .Creek. (Report from Public Works Department) 14. BUDGET AMENDMENTS - For approval: (25) BA -038, $20,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for membership fees in the Transportation Resource Center and Centeride Programs; Publication Dues- General Fund. (Refer to report w /agenda item J -1) BA -039, $69,664 - Transfer in Budget Appropriations to award Contract No. 2716, Storm Drain Improvement Program on December 11, 1989; Storm Drain Improvement Program- General Fund. (Refer to report w /agenda item F -30)) BA -040, $9,000 - Transfer in Budget Appropriations to purchase a burster which is broken; Finance Office Equipment - General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Copy of AGENDA FOR THE PLANNING COMMISSION MEETING OF DECEMBER 7, 1989, was presented with a verbal report made by Planning Director. Volume 43 - Page 517 Planning (68) �. 7���� V�,� . S; � r•. L Motion All Ayes *on yes is Motion All Ayes Motion 0 x x x x MINUTES December 11, 1989 Motion was made to schedule public (Variance hearing on January 22, 1990 for VARIANCE 1158 NO. 1158. Motion was made to receive and file the letters from the City Attorney and Mr. Fluter concerning Use Permit No. 3365 /Cannery Village- McFadden Square Specific Plan Area, and the remaining items of the Planning Commission agenda of December 7, 1989. 2. Proposed resolution CREATING THE BALBOA Balboa Bay BAY CLUB CITY COUNCIL AD HOC COMMITTEE Clb City was presented with letter from Robert H. ICncl Ad Hoc and Frances Warner in support of putting Cmte the Bay Club lease on the ball 1 (24) The City Clerk advised that after the agenda was printed, two additional letters were received from Leslie Nicholson and Duncan McNair in support of placing the Balboa Bay Club lease on the ballot. Grant Reynolds, 1301 Kings Road, addressed the Council regarding the Balboa Bay Club issue and offered his services and input concerning the proposed extension of the existing lease. He indicated he would like to sit in on the Balboa Bay Club discussions so that he can keep the residents abreast of "what is going on." There being no further comments, motion (Res 89 -147 was made to adopt Resolution No. 89 -147 CREATING THE BALBOA BAY CLUB CITY COUNCIL AD HOC COMMITTEE. 3. Motion was made to introduce proposed Ord 89 -41 ORDINANCE NO. 89 -41, being, City Cncl Meeting AN ORDINANCE OF THE CITY COUNCIL OF Time Change THE CITY OF NEWPORT BEACH AMENDING (33) SECTION 2.04.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE TIME OF CITY COUNCIL MEETINGS, changing the time of City Council Meetings from 7:30 p.m, to 7:00 p.m. Council Member Strauss stated he had no objection to the new 7:00 p.m. starting time, provided the Study Session, and /or Closed Session ends by 5:30 p.m. Volume 43 - Page 518 Des Mou All Ayes Motion All Ayes 0 MINUTES December 11, 1989 0 Illicit"' %1`5M x Ix Council Member Turner agreed with Council Member Strauss's suggestion and indicated it would be his intent to end Closed Sessions by 5:30 p.m. The motion was voted on and carried. The City Clerk was directed to notify the local newspapers of the new change in time for City Council meetings. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 89 -37, being, Ord 89 -37 Veh /Trfc AN ORDINANCE OF THE CITY COUNCIL OF (85) THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.32.020 OF THE NEWPORT BEACH MUNICIPAL CODE TO RESTRICT VEHICLES OVER 6000 POUNDS FROM USING HELIOTROPE AVENUE, BETWEEN FIRST AND SECOND AVENUES; IRIS AVENUE, BETWEEN BAYSIDE DRIVE AND FIRST AVENUE; ALBA STREET; BISON AVENUE, BETWEEN JAMBOREE ROAD AND ALTA VISTA DRIVE; BIXIA STREET; AND CACAO STREET. Recycled report from Public Works/ Traffic Engineering dated November 27, 1989. Motion was made to adopt Ordinance No. 89 -37. 2. Proposed Ordinance No. 89 -38, being, Ord 89 -38 AN ORDINANCE OF THE CITY COUNCIL OF Bus Lie/ Massage THE CITY OF NEWPORT BEACH AMENDING Establm SECTION 5.50.010 OF THE NEWPORT (27) BEACH MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENTS. Recycled report from Business License Supervisor, dated November 27, 1989. Motion was made to adopt Ordinance No. 89 -38. I. CONTINUED BUSINESS: 1. Report from Public Works regarding Barfield ENCROACHMENT AGREEMENT FOR GEORGE Encroachm BARFIELD FOR CONSTRUCTION AND (65) MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN SEWER EASEMENTS LOCATED AT 2001 KINGS ROAD, NEWPORT HEIGHTS. Volume 43 - Page 519 • • • r 0 . 0 MINUTES December 11, 1989 The City Manager summarized the staff Barfield report noting that when plans were Encroachm submitted to the Building Department for construction of the pool, the plans did not show the recorded sewer easement on the property, and when the Building and Planning Departments checked the plans, they did not notice the omission of the easement. A permit was then issued to allow certain construction over the sewer easement, and it was during that construction period when it was discovered by the Public Works and Utilities Departments that improvements had, in fact, been constructed over a sewer line. These improvements included retaining wall, pool equipment, pool plumbing and a wooden deck with wood post foundations. The proposal now under consideration is to approve that encroachment, providing the property owner executes an encroachment agreement, subject to the following conditions: 1. The development shall be in substantial conformance with the approved plot plan and elevations, except as noted below. 2. That the guardrail for the proposed construction shall be of open construction, glass or wrought iron, and that the height shall not exceed that required by the Uniform Building Code to satisfy the Building Department. 3. That a building permit shall be obtained for the as —built construction. 4. Determine the depth of the sewer and the rear yard retaining wall footings and if feasible and necessary, add an additional footing to the base of the retaining wall which encroaches into the rear yard setback to protect any future sewer excavation; if not feasible, remove the encroachment and relocate so as not to encroach into the sewer easement. Volume 43 — Page 520 December 11, 1989 MINUTES 5. That the column footings for the proposed wood deck be extended down to the grade of the sewer and that a minimum vertical clearance of 8 feet is shall be maintained above the sewer easement. In the event a vertical clearance of 8 feet cannot be maintained, easily removable panels on the deck weighing less than 60 pounds shall be utilized; and that with the panels removed, a minimum 5 foot wide by 10 foot long open space above the sewer shall be maintained. 6. That a City Council approved encroachment permit and nonstandard improvements agreement to be executed agreeing to the removal and repair of encroaching improvements should the City need to work within the sewer easement areas. 7. That the pool mechanical equipment, including pumps, • filters, motors and chlorinators be removed from the sewer easement. 8. That no trees be planted in the sewer easements, and that other landscaping be easily removed to allow work on the sewer line. Gary Petrilla, representing Executive Pools, addressed the Council in opposition to Condition No. 7 as stated in the foregoing. He stated that when he submitted his plans to the Building and Planning Departments for plan check, it was his understanding they would check for easements, encroachments, setbacks, etc., and that it was not up to him to note the sewer easement on his one - dimensional drawing. He stated that he would never intentionally place anything in an area that would cause the problems that have occurred up to this point. He stated that had he been told in the beginning that the pool equipment • and walls should be removed, he would have done so, and it was not until he applied for a modification for a wood deck, that the improvements over the sewer line were noticed. In addition, Volume 43 - Page 521 Barfield Encroachm CITY OF NEWPORT BEACH ► �_' • • is MINUTES December 11, 1989 City inspectors also visited the site numerous times during the construction of the pool and walls, but said nothing about the location of the pool equipment, retaining walls, etc.; he never received a stop notice from the City inspectors who were on the job site, and he estimates it would cost $3,000 to remove the equipment now over the sewer line. The Public Works Director commented that the staff recognizes the difficulties inherent in the physical situation that exists on this site, but does not, however, have complete sympathy with the manner in which this encroachment and construction occurred. He stated that existence of the sewer and easement was known to Mr. Barfield and should have been known to his contractor and representatives. Willingness to accept responsibility for restoration of the pool equipment, should it have to be removed to maintain the sewer, is only 50% of the problem. He added that the real concern is to be able to have access to that sewer to maintain it in a practicle, reasonable, and rapid fashion if necessary to do so. He stated that the various items which have been negotiated with the property owner and his contractor, with respect to the deck, retaining wall, and the rest of the encroachments, indicate that the City has really attempted to find a way to resolve the problem without being unduly burdensome on the property owner. However, he stated the staff does still recommend that Condition No. 7 remain and that the pool equipment be removed from the sewer easement. He further noted that this issue has been discussed with the Utilities Department and they concur in the recommendation. Mr. Petrilla advised that he had received verbal approval from a representative of the Utilities Department to place the pool equipment at the location where it is now, prior to receiving an encroachment permit and was told to "just send in the paper work." As a result, he stated they proceeded with the construction. In addition, he stated that he talked with a City building inspector who had said he did not see any problem with placing the pool equipment at the desired location. Volume 43 - Page 522 Barfield Encroachm • • Motion Ayes Noes 1 1 CITY OF NEWPORT BEACH ►. _` XI XIXIXIXIxIx MINUTES December 11, 1989 The Public Works Director responded to the above comments, stating that in talking with the Utilities Department employee referenced above, the verbal conversation the employee had with Mr. Petrilla was not the same situation he found when he visited the site as to the nature and extent of the encroachments, in other words, he felt he was mislead. In response to question raised by Mayor Pro Tem Sansone, Mr. Petrilla stated that he was aware of the sewer easement when he accepted the job; however, he did not feel it was necessary to reflect the same in his plans submitted to the City, as it was the City's responsibi- lity to check those details when the plans are being reviewed. George Barfield, applicant, 2001 Kings Road, addressed the Council and stated that when he discovered the sewer easement, he contacted the Utilities Department who sent a representative out to his property to discuss what he could and could not do with respect to proposed improvements. It was his understanding from his conversation with that employee there would be no problem in placing the pool equipment over the sewer easement. He stated he has complied with all City codes and is not attempting to "bootleg" anything in without the benefit of a permit. The plans he submitted were approved and he proceeded accordingly, and he did not feel he should now be penalized. He has spent approximately $50,000 on improvements in his back yard and to move the pool equipment would cost approximately $6,000 and not $3,000, as estimated by his pool contractor. There being no further discussion, motion was made to approve the execution of an encroachment agreement for nonstandard improvements, subject to Conditions 1 through 8 as set forth in the staff report; authorize the Mayor and City Clerk to execute subject agreement and record; and approve Encroachment Permit from the Public Works Department. Volume 43 - Page 523 Barfield Encroachn CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES i Motion All Ayes �J x December 11, 1989 J. CURRENT BUSINESS: 1. Report from the Ad Hoc Transportation Management /Air Quality Management Plan Coordination Committee. The City Manager summarized a Supplemental Report dated December 11, 1989, in which it was recommended the City Council approve the following: Cty Cncl Ad Hoc /Cmte Trnsp Mgm/ Air Qlty 1. Authorize the Mayor and City MOU Clerk to sign a Memorandum of C -2788 Understanding for the City to (38) participate in the Transportation Resource Center; and 2. Authorize participation in Centeride, the Newport Center Transportation Management Association; and 3. Authorize the City Manager to appoint a representative to the Board of Directors and to the Operations Committee of the Transportation Resource Center; and 4. Authorize the Mayor to appoint liaison representatives from the City Council to the Transportation Resource Center and Centeride; and 5. Approve a Budget Amendment in the amount of $20,000 to fund City participation in the Transportation Resource Center and Centeride. Council Member Cox, Chairman of this Ad Hoc Committee, reported that the Committee met again today to review the subject MOU; made some minor changes to the draft; and felt the document could be approved in concept as to its intent. Council Member Cox, therefore, moved to approve, in concept, the Memorandum of Understanding, with final approval to come back on January 8, 1990, and to approve the other four recommendations of the Ad Hoc Committee as enumerated in their report and set forth in the above. volume 43 - Page 524 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES December 11, 1989 ROLL CALL INDEX 2. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL Council STANDING AND AD HOC COMMITTEES; AND Standing/ JOINT GOVERNMENTAL COMMITTEES. Ad Hoc /Jt Gvnmtl • Copy of Council Policy A -9. Committees There being no objections, the Mayor's appointments were confirmed as follows: I. COUNCIL STANDING COMMITTEES A. Pending Legislation and Procedural Ethics Committee 1.Chairman, City Attorney 2.City Manager 3.Council Member Clarence Turner 4.Council Member Donald Strauss B. Underground Utilities Coord4- nating Committee I.Chairman, City Manager 2.Public Works Director 3.Mayor Pro Tem Phil Sansone • C. Utilities Committee 1.Chairman, Mayor Pro Tem Phil Sansone 2.Council Member Clarence Turner D. Appointments Committee 1.Chairman, Council Member Donald Strauss 2.Mayor Pro Tem Phil Sansone E. Budget Committee 1.Chairman, Council Member John Cox, Jr. 2.Council Member Clarence Turner F. Off- Street Parking Committee L.Chairman, Council Member Clarence Turner 2.Mayor Pro Tem Phil Sansone • Volume 43 - Page 525 CITY OF NEWPORT BEACH MINUTES December 11, 1989 G. Tidelands Affairs Committee 1.Marine Director 2.Chairman, Council Member Evelyn Hart • 3.Council Member Donald Strauss II. COUNCIL AND CITIZENS AD HOC COMMITTEES A. Annexation Committee Council Member John Cox, Jr. Council Member Clarence Turner B. Aviation Committee Chairman, Council Member Clarence Turner Council Member Jean Watt City Attorney City Manager Pete Drummond, Rep /Homeowners Assn Jim Pistols, Alternate to abv Randolph J. Kroenert, Rep /Homeowners Assn Dan Stringer, Alternate to abv Mimi Singleton, Rep /Homeowners • Assn Dan Gilliland, Alternate to abv Robert Olds, Rep /Homeowners Assn Bernard Pegg, Alternate to abv C. Airport Committee Chairman, Council Member Clarence Turner Council Member Evelyn Hart Council Member Donald Strauss D. Bicentennial of the United States Constitution /Ad Hoc Citizens Advisory Committee PB & R Director Ronald Whitley Council Liaison, Mayor Ruthelyn Plummer 1. Lynn S. Turner (Resident) 2. Jackie Heather (Resident) 3. Karen Hochadel (Resident) 4. Richard Mahoney (Resident) 5. Holley Wilkinson (Resident) • 6. Debra Allen (Resident) 7. Anita Ferguson (Resident) 8. Georgia Spooner (Resident) 9. Rae Cohen (Resident) Volume 43 - Page 526 CITY OF NEWPORT BEACH MINUTES December 11, 1989 10. Bill Grundy (Resident) 11. Dee Edwards (Resident) 12. Betty Jo Bailey (Resident) 13. Bill Hamilton (Resident) 14. Bill Ficker (Resident) • 15. To remain vacant (Resident) E. Transportation Management /Air Quality Management Plan Coordination Ad Hoc City Council Committee Chairman, Council Member John Cox, Jr. Council Member Evelyn Hart Council Member Jean Watt F. Ocean Front Encroachment Citizens Advisory Ad Hoc Committee Chairman (Member selected by the Committee) 1. Jerry Cobb (Member of Board of Directors /West Newport Community Assn.) 2. Jim Henley (Member of Board of Directors /Central Newport Community Assn.) • 3. Dona Colombero (Member of Board of Directors /Balboa Peninsula Point Assn.) 4. Jan Debay (Member of West Newport Community Assn.) 5. Bill Gold (Member of Balboa Peninsula Point Assn.) 6. Evelyn Hart (Council Member - Harbor and Tidelands Committee) 7. John Konwiser (Member of Parks, Beaches and Recreation Commission) Nonvoting Member Robert Burnham, City Attorney Nonvoting Member John Wolter, City Projects Engineer G. Balboa Bay Club City Council Ad Hoc Committee Chairman, Mayor Pro Tem Phil Sansone Council Member Evelyn Hart • H. Circulation Buildout Ad Hoc City Council Committee Council Member Clarence Turner Council Member Jean Watt Volume 43 - Page 527 CITY OF NEWPORT BEACH December Il, 1989 MINUTES III. JOINT GOVERNMENTAL COMMITTEES A. City - School Liaison Committee City Manager Robert L. Wynn Council Member John Cox, Jr. Council Member Donald Strauss B. Inter -City Liaison Committee City Manager Robert L. Wynn Council Member Evelyn Hart Mayor Pro Tem Phil Sansone C. Joint Committee for the Evaluation and Implementation of the Upper Newport Bay Cooperative Agreement Council Member Evelyn Hart Council Member Jean Watt (Alt) D. League of California Cities /Orange County Division Council Member Jean Watt (Alt to Mayor) E. Orange County Vector Control District /Board Trustees Mayor Ruthelyn Plummer F. grange County Sanitation Districts District 5 Mayor Pro Tem Phil Sansone Council Member John Cox, Jr. (Alt to Mayor Pro Tem) Council Member Evelyn Hart Mayor Ruthelyn Plummer (Alt to Abv) District 6 Mayor Ruthelyn Plummer Council Member Evelyn Hart (Alt) District 7 Council Member John Cox, Jr. Mayor Ruthelyn Plummer (Alt) G. Southern California Association of Governments (SCAG) Mayor Ruthelyn Plummer Mayor Pro Tem Phil Sansone (Alt) Volume 43 - Page 528 CITY OF NEWPORT BEACH MINUTES December 11, 1989 H. Santa Ana River Flood Protection Agency Mayor Ruthelyn Plummer • Council Member John Cox, Jr. (Alt) I. Inter - County Airport Authority Council Member Clarence Turner Council Member Evelyn Hart (Alt) J. Orange County Housing Commission- Advisory Committee (For ratification only) Robert Brockman (Citizen /Alternate) Advanced Planning (Staff) K. San .Joaquin Hills Transportation Corridor .Joint Powers Agency Board of Directors Council Member John Cox, Jr. Council Member Jean Watt (Alt) L. Hazardous Waste Material - Joint Powers Authority Council Member Jean Watt M. Council Liaison for Traffic Management Agency (a) Centeride Council Member Jean Watt (b) Transportation Resource Center Council Member Evelyn Hart (c) Airport Council Member John Cox, Jr. IV. CITIZENS ADVISORY COMMITTEES. A. Bicycle Trails /Citizens Advisory Committee Mayor Pro Tem Phil Sansone (Reporting Council Member) Council Member John Cox, Jr. (Liaison) Project Engineer John Wolter Volume 43 - Page 529 • 1I u Motion All Ayes 0 x CITY OF NEWPORT BEACH MINUTES December 11, 1989 B. Environmental Quality Affairs /Citizens Advisory rnmmitrap Council Member Jean Watt (Reporting) Council Member Donald Strauss (Liaison) Environmental Services Coord Officer John Ludvigson General Services Director David Niederhaus C. Harbor Quality /Citizens Advisory Committee Chairman, Council Member Jean Watt Vice Chairman, Council Member Donald Strauss D. Youth Council /Citizens Advisory Committee Council Member Jean Watt Mayor Pro Tem Phil Sansone (Alt) Recreation Supt /PB &R (Staff) E. Technical Oil Advisory Committee Robert L. Wynn, City Manager (Staff) F. Emergency Preparedness Citizens Advisory Committee Mayor Pro Tem Phil Sansone Jim Reed, Fire Chief Ken Delino, Executive Assistant 3. APPOINTMENTS BY THE CITY COUNCIL TO THE Icitizens CITIZENS ADVISORY COMMITTEES for Advisory one -year term expiring December 31, 1990 Committees (appointed by Council upon recommenda- tion of each Council Member). Memo from City Clerk regarding ANNUAL ADVISORY COMMITTEE APPOINTMENTS. Motion was made to confirm the following appointments: Volume 43 - Page 530 COUNCIL r , CITY OF NEWPORT BEACH December 11, 1989 MINUTES Bicycle Trails Citizens Advisory Committee (District 1) Council Member Strauss's reappointment of Frances Farrar; remaining appointment deferred to 1 -8 -90. (District 2) Mayor Plummer's reappointment of Craig Weber; remaining appointment deferred to 1 -8 -90. (District 3) Council Member Hart's reappointment of David Buchanan and Donald Harvey. (District 4) Council Member Turner's reappointment of William Schonlau and appointment of Marta Zaharson. (District 5) Council Member Watt's reappointment of Sally Crow and Rob Patterson. (District 6) Mayor Pro Tem Sansone's reappointment of Chad Napier and appointment of Wayne • Helmer. (District 7) Council Member Cox's reappointment of Peggy Smith and appointment of Barry Zanck. Environmental Quality Affairs/ Citizens Advisory Committee (District 1) Council Member Strauss's reappointment of Patsy Hollander and Geneva Matlock. (District 2) Mayor Plummer's reappointment of Evie Compton; remaining appointment deferred to 1 -8 -90. (District 3) Council Member Hart's reappointment of Cheryl Hart and Janine Gault. (District 4) Council Member Turner's appointment of Richard Luehrs and John Czaja. (District 5) Council Member Watt's reappointment of Mary Lou Zoglin and Bill Morris. Volume 43 - Page 531 CITY OF NEWPORT BEACH MINUTES December 11, 1989 (District 6) Mayor Pro Tem Sansone's reappointment of John Anderson and Mike Soucek. (District 7) Council Member Cox's reappointment of Margie Pantzar and Gordon Kilmer. Harbor Quality /Citizens Advisory Committee (District 1) Council Member Strauss's reappointment of Nancy Skinner. (District 2) Mayor Plummer's appointment of Steven Patterson. (District 3) Council Member Hart's reappointment of Donald Lawrenze, Jr. (District 4) Council Member Turner's appointment of Dave Kiff. (District 5) Council Member Watt's reappointment of Tom Houston. (District 6) Mayor Pro Tem • Sansone's reappointment of Edwin Amyes. (District 7) Council Member Cox's reappointment of Mark Gaughan. Technical Oil Advisory Committee (Nominated by the Mayor; appointed by the City Council) George Guthrie (reappointed to 4 —year staggered term ending December 31, 1993) Emergency Preparedness Citizens Advisory Committee (District 1) Council Member Strauss's reappointment of Patricia Glasgow and Jane Piasecki. (District 2) Mayor Plummer's reappointment of Mary Williams and Stewart Hayward. (District 3) Council Member Hart's reappointment of Dayna Pettit and • William Nelson. (District 4) Council Member Turner's reappointment of Jeffrey Stern and Roy Englebrecht. Volume 43 — Page 532 is Motion All Ayes • • � x X0 9 December 11, 1989 (District 5) Council Member Watt's reappointment of Natalie Fogarty and Jimmie Jones. (District 6) Mayor Pro Tem Sansone's reappointment of Bruce Beardsley and Beverly Johnson. (District 7) Council Member Cox's reappointment of Melinda O'Brien and Barbara Long. 4. ARTS COMMISSION VACANCY. Motion was made to nominate the following to fill the unexpired term of Sandy Blatterman, ending June 30, 1993, for appointment on January 8, 1990: Mathew Ross and Candace Mittman Meeting Adjourned at 10:15 p.m. NEXT CITY COUNCIL MEETING - JANUARY 8, 1990 The agenda for this meeting was posted on December 7, 1989, at 10:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. - II Volume 43 - Page 533 MINUTES S • �0�'q @YYY Arts Commission