HomeMy WebLinkAbout05/13/1991 - Regular Meeting1 .I
COIRJCIL MEMBERS REGULAR COUNCIL MEETING MINUTES
PLACE: Council Chambers
gf PLAC 7:00 it
\10 DATE: May 13, 1991
ROLL INDEX
Present
x
x
x
x
x
x
A. ROLL CALL.
Absent
x
Mayor Sansone announced that Council Member
Sister
Watt was excused from this meeting as she is
City
representing the City Council in Antibes,
France as part of the SISTER CITY DELEGATION.
Kotion
x
B. Reading of Minutes of Meeting of
A11 Ayes
April 22, 1991, was waived, approved as
written, and ordered filed.
Kotion
x
C. Reading in full of all ordinances and
All Ayes
resolutions under consideration was
waived, and the City Clerk was directed
to read by titles only.
D. HEARINGS:
1. Mayor Sansone opened the continued
Undergr
public hearing regarding UNDERGROUNDING
Utilities
OF UTILITIES ALONG EAST BAY AVENUE AND
No. 12/
EAST BAY FRONT FROM ^J TO M^ STREETS
Asmt Dist
(PROPOSED ASSESSMENT DISTRICT NO. 61 AND
PROPOSED UNDERGROUND UTILITIES DISTRICT
No. 61
No. 12).
(89)
Report from the Public Works Department.
It was noted that on March 12, 1990, the
City Council received petitions signed
by owners of 74.55% of the area of
assessable land included within the
boundaries of a proposed special
assessment district to underground
utilities in the alley and private
street that are parallel with and north
of Balboa Boulevard between "J and M"
Streets. The project will be financed
by municipal bonds over a 15 -year
period. As of this date, there are no
protests to the proposed assessment
district.
Douglas Boyd, representing the Balboa
Peninsula :point Association, addressed
the Council in support of the assessment
district.
Hearing no others wishing to address the
Council, the public hearing was closed.
!lotion
x
Motion was made to adopt the following .
All Ayes
resolutions:
Assessment District No. 61
Resolution No. 91 -36 denying
Res 91 -36
protests and making Findings;
Resolution No. 91 -37 approving
Res 91 -37
contracts for ownership of the
improvements;
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Resolution Mo. 91 -38 confirming
Res 91 -38
assessments, ordering the
improvements made, and approving
the Engineer's Report as modified
by the City Council;
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ROLL C\ \A\\�� \\ May 13, 1991
MINUTE$
Wiii`ia1
Underground Utilities District No. 12
Resolution No. 91 -39 forming the
Res 91 -39
district;
AND
Approve Approve Budget Amendment No. 037,
and loan from the General Fund in
the amount of $142,000 as an
advance to the assessment district
until proceeds from the sale of
bonds have been received.
2. Mayor Sansone opened the public hearing
Variance
and City Council review of an appeal by
1174
PATTI BARNETTE regarding VARIANCE NO.
(91)
1174. A request to permit alterations
and additions to an existing single
family dwelling which maintains the
following nonconformities: exceeds the
allowable 1.5 times the buildable area
of the site; encroaches between 6 inches
and 3 feet into the required 3 foot side
yard alley setback; encroaches between
9 inches and 3 feet into the 3 foot
interior side yard setback; encroaches
between 4 feet 6 inches and 12 feet 5
inches into the required 20 foot front
yard setback adjacent to Park Avenue;
and provides no off - street parking. The
proposed alterations include the
conversion of two ground floor bedrooms
into a den and an expanded living
room /dining room. The proposed additions
include a 39± square foot addition to
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the living room and a 150± square foot
addition to an existing second floor
bedroom. The proposal also includes a
modification to the Zoning Code so as to
allow the proposed living room addition
to encroach between 9 feet 6 inches and
12 feet 5 inches into the required 20
foot front yard setback and a small
portion of the. second floor bedroom
addition to encroach 6 inches into the
required 3 foot side yard alley setback.
Property located at 1710 Park Avenue, on
the northerly side of Park Avenue,
between East Bay Front and Crystal
Avenue, on Balboa Island.
Report from the Planning Department.
Appeal application of Patti Barnette
with letters in support from Mrs.
William Allen and Mrs. Lawrence
Tackabery.
It was noted that at its meeting of
April 4, 1991, the Planning Commission
voted to recommend the approval of
Variance No. 1174 with 6 Findings and
subject to 8 Conditions of Approval.
The applicant is appealing Condition of
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Approval No. 8 to the City Council.
Said Condition provides the following:
v.i.,, 65 - Pnan 7 An
COUNCIL MEMBERS
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May 13, 1991
"That 25 feet of the existing side
yard fence be relocated to provide
a minimum of 20 foot clearance
between the fence and existing
garage doors across the alley.
This will provide additional
backing space for garages located
across the alley. These
improvements shall be completed
prior to the issuance of any
building permits for internal
modifications."
The Public Works Department recommended
that the project be redesigned so as to
remove or relocate a portion of an
existing 5 foot 7 inch ± high fence
along the side property line adjacent to
a 15 foot wide alley. The purpose of
the removal is to allow for additional
backup space for the garages located
across the alley from the subject
property. Although the location of the
existing fence meets the requirements of
the Zoning Code, Condition of Approval
No. 8 is based on the Public Works
Department's desire to maximize the
width of the alley by preventing
construction within the privately -owned
side yard setback. The Planning
Commission added Condition of Approval
No. 8, so as to provide additional
vehicular maneuverability to the garages
on the opposite side of the alley. The
applicant is of the opinion that it is
unfair to lose 2 feet of a lot that is
already small, especially since the
affected property owners of property
located at 201 and 205 East Bay Front
have written letters indicating that
they have no objections. with current
vehicular access to their garages with
the location of the existing fence on
the subject property.
Patti Barnette, Applicant, 1710 Park
Avenue, addressed the Council and stated
that the subject structure and lot is
very small, and if the side yard fence
is relocated as recommended in Condition
of Approval No. 8, it would put the new
fence immediately adjacent to her living
room and leave no room for storage. She
also stated that the neighbors have
never had a problem getting their
vehicles in and out of their garages,
and referenced two letters in support of
her request from Mrs. William Allen and
Mrs. Lawrence Tackabery, residents at
201 and 205 E. Bay Front.
Steve Kolpepper, 1710 Park Avenue,
addressed the Council and pointed out
that the fence adjacent to the street is
presently 3 feet, 10 inches in height,
and will be removed and replaced with
a 3 foot high fence. He stated this is
a separate issue from the side yard
fence (referred to by the Public Works
Department in Condition No. 8) which is
5 feet, 6 inches in height.
Volume 45 - Page 131
INDEX
Variance
1174
Motion
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COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
May 13, 1991
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to sustain the decision
of the Planning Commission, with the
deletion of Condition of Approval No. 8.
Mayor Sansone opened the public hearing
and City Council review of an appeal by
JOHN DOMMIS RESTAURANT regarding USE
PERMIT N0. 3086 (AH MED). A request to
amend a previously approved use permit
which permitted the establishment of a
restaurant with on -sale alcoholic
beverages, live entertainment and
dancing, valet parking and off -site
parking for employees on property
located in the "Recreational and Marine
Commercial" area of the Mariner's Mile
Specific Plan Area. The off -site area
is located at the southeasterly corner
of Riverside Avenue and Avon Street.
The proposed amendment involves a
request to operate the second floor
portion oil the subject restaurant as a
separate use from the third floor
restaurant operation. Said proposal
also includes a request to operate the
second floor restaurant at lunch with a
reduced "net public area" Monday through
Saturday, whereas the second floor
portion of the existing restaurant is
currently limited between the hours of
4:00 p.m. and 2:00 a.m. Monday through
Saturday and 9:00 a.m. and 2:00 a.m.
Sundays and recognized holidays;
aio
Public hearing and City Council review
of an appeal by LARRY LEVOFF, KNOW
LIMIT, INC. regarding USE PERMIT No.
3409. A request to permit the
establishment of a restaurant with on-
sale alcoholic beverages, live
entertainment and dancing, valet parking
and off -site parking for employees on
property located in the "Recreational
and Marine Commercial" area of the
Mariner's Mile Specific Plan Area. The
off -site parking area is located at the
southeasterly corner of Riverside Avenue
and Avon Street. Said proposal involves
separating the existing third floor
portion of the John Dominis Restaurant
so as to operate said portion as an
independent restaurant. The proposal
also includes a reduction in the "net
public area" the restaurant is
permitted to operate during the daytime
hours Monday through Saturday. Property
located at 2901 Vast Coast Highway, on
the southerly side of West Coast
Highway, between Riverside Avenue and
Newport Boulevard in Mariner's Mile.
Site of Off -site parking: Lots 7, 8,
and 9, Tract No. 1133, located at the
southeasterly corner of Riverside Avenue
and Avon Street in Mariner's Mile.
Report from the Planning Department.
Volume 45 - Page 132
DIJI 9
Use Permit
No. 3086(A)
(88)
Use Permit
No. 3409
(88)
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Motion
All Ayes
Motion
All Ayes
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x
May 13, 1991
Appeal application and request from
Applicant Larry Levoff, President of
Know Limit, Inc.. for continuance to May
28, 1991.
It was noted that the foregoing letter
from Larry Levoff of Know Limit, Inc.,
in which he requested the subject
hearing be continued to May 28, 1991,
was due to a delay in obtaining the
proper information needed for said
meeting.
Motion was made to continue to May 28,
1991, City Council meeting, as requested
by the applicant.
Mayor Sansone opened the public hearing
regarding PROPOSED ORDINANCE NO. 91 -19,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 20.15.025 OF THE
NEWPORT BEACH MUNICIPAL CODE SO AS
TO DELETE SPECIFIC REQUIRED
PARKING SPACES FROM THE
CALCULATION OF GROSS FLOOR AREA
FOR A DUPLEX IN THE R -2 DISTRICT.
[PLANNING COMMISSION AMENDMENT NO.
731]
Report from the Planning Department.
In reviewing the proposed amendment, it
was pointed out that Section 20.15.025
of the Newport Beach Municipal Code
currently makes provisions for the
inclusion of all required parking spaces
for duplexes in the R -2 District,
whether open or covered, in the
calculation for permitted gross floor
area. This is more restrictive than the
provisions of Section 20.10.050 D of the
Municipal Code, which applies to all
residential districts. The section
provides that the one covered parking
space that is required for each dwelling
unit shall be in the gross floor area.
The proposed amendment is basically for
"housekeeping" purposes that will
eliminate a discrepancy in the Municipal
Code.
Hearing no one wishing to address the
Council. the public hearing was closed.
Motion was made to adopt ORDINANCE N0.
91 -19.
5. Mayor Sansone opened the public hearing
regarding GENERAL PLAN AMENDMENT N0. 91-
1(D). A request to amend the Land Use
Element of the General Plan and make
technical corrections to the permitted
dwelling unit number so as to provide
for three lots inaccurately projected as
commercial land uses, and to allow for
three units on the subject property
which is currently developed with six
dwelling units;
ILL
Volume 45 - Page 133
MINUTES
Ord 91 -19
Zoning
(94)
PCA 731
GPA 91 -1(D,
(45)
u is ra•�
ROLL CRLL N
CITY OF NEWPORT BEACH
May 13, 1991
Volume 45 - Page 134
MINUTES
Resub 956
RESUBDIVISION NO. 956. A request by the
WALE GROUP, INC. to resubdivide. a
portion of one lot into three parcels of
land for single family residential
development on property located in the
R -1 District. Property located at 3120
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and 3126 Broad Street, and 460
Westminster Avenue, on the southeasterly
corner of Broad Street and Westminster
Avenue, in Newport Heights.
Report from the Planning Department.
The City Manager reviewed the staff
report and advised that the proposed
amendment to the General Plan changes
the dwelling unit allocation for the
West Newport Heights area from 389 to
397 so as to provide for three lots
inaccurately projected as commercial
land uses, and to allow for three units
on the subject property which is
currently developed with six dwelling
units.
Discussion ensued with respect to
setback requirements for the subject
three lots proposed to be developed
pursuant to Resubdivision No. 956,
wherein it was indicated by staff that
the front yard setback for the two lots
on Broad Street would be 20 feet, and
that there would be a 15 -foot front yard
setback requirement along the
Westminster Avenue frontage of Parcel
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No. 1, as well as a 4 foot side yard
setback requirement along the Broad
Street frontage of Parcel No. 1.
Edward Wale, developer for Resubdivision
No. 956, addressed the Council and
stated that density will be reduced from
6 units to 3 units on the property in
question, and he felt it would be
premature to say what the actual
setbacks will be, inasmuch as the units
have not yet been designed.
Staff made reference to Conditions of
Approval No. 13 and No. 5, which they
indicated could alleviate some of
Council Member Hart's concerns. The
conditions read as follows:
"Condition No. 13 - That no walls,
fences, structures or landscaping
be installed along the Westminster
Avenue frontage that are higher
than 30 inches in the sight
distance area described in Std.
110 -L.
"Condition No. 5 - That a 15 -foot
radius corner cutoff at the
corner of Broad Street and
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Westminster Avenue be
dedicated to the public."
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 45 - Page 134
MINUTES
Resub 956
COUNCIL MEMBERS
Motion
All Ayes
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May 13, 1991
Motion was made to adopt Resolution No.
91 -40 amending the land Use Element of
the Newport Beach General Plan and make
technical corrections to the permitted
dwelling unit number so as to provide
for three lots inaccurately projected as
commercial land uses, and to allow for
three units on the subject property
which is currently developed with six
dwelling units; and approve
Resubdivision No. 956, with the Findings
and subject to the Conditions of
Approval as recommended by the Planning
Commission; and further, that Condition
of Approval No. 16 be added, requiring
that Site Plan Review shall be approved
by the City Council for residential
development on Parcel No. 1 for
Resubdivision No. 956.
MINUTES
Res 91 -40
6. Mayor Sansone opened the public hearing CDBG /HUD
regarding the proposed "STATEMENT OF (87)
COMMUNITY DEVELOPMENT OBJECTIVES AND
PROPOSED USE OF FUNDS" FOR THE COMMUNITY
DEVELOPMENT BLOCS GRANT PROGRAM, FISCAL
YEAR 1991/92.
Report from the Planning Department.
The City Clerk advised that after the
agenda was printed, two letters were
received in support of the request of
Street People in Need, Inc. (S.P.I.N.)
for financial assistance from Salley E.
Welsh, 1301 Oxford Lane, and Reverend
William P. McLaughlin of Our Lady Queen
of Angels Church, 2046 Mar Vista Drive.
Craig Bluell, Principal Planner,
reviewed his report, noting that the
City sent application forms for CDBG
funding to 26 social service agencies or
developers who have received CDBG funds
from the City, and who have expressed an
interest in receiving funds. The City
also advertised the availability of
funds and request for proposals in the
local paper on February 15, 1991. The
funding application deadline was
March 5, 1991, with seventeen (17)
applicants, all social service agencies,
submitting requests for 21 different
programs. He outlined the methodology
used to evaluate the funding
recommendations as enumerated in his
report, and the proposed budget as
follows:
Volume 45 - Page 135
May 13, 1991
ROLL CALL N
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Volume 45 - Page 136
PROPOSED BUDGET FOR 1991 -92
COMMUNITY DEVELOPMENT BLOCK GRANT
1990 -91 Funding
Requested Recommended
Housin¢
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1.Emerg Home Repr Grnts $ 0 $ 0
2.New Housg Constr 0 50.850
Subtotal: $ 0 $ 50,850
Social Services (158 Max.) $67.950
1st Priority: Homeless Services
3.FISH/Hmles Emerg Asst $ 17,000 $ 10,550
4.00st /Intrfth Shl 25,000 14,000
S.HumOptns /Shl Batrd Wm) 4,000 4,000
6.(a)So /OC /YWCA/Hotelkdm 10,000 1,500
(b)So /OC/YWCA/HotelEmpTr 15,000 1,500
7.00/Homles Issues Task Force
(a)Administration 0 1,500
(b)Intrfth Shl Network 5.000 2.500
Subtotal: $ 76,000 $ 35,550
2nd Priority: Low Income Elderly
S.FISH/Mobile Meals $ 17,000 $ 15,400
9.SC /Srs Meals L.Plaza 12.500 12.500
Subtotal: $ 29,500 $ 27,900
3rd Priority: Low Income Families
10.Some One Cares Soup
Kitcheu(SCSK) $ 7,500 $ 1,500
ll.Ctr fr Crty Altrn(CCA) 5,500 1,500
12.YMCA Ctr fr FamCnslg 39.000 1.500
Subtotal: $ 52,000 $ 4,500
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TOTAL SOCIAL SERVICES
BUDGET: $157,500 S 67,950
Public Facilities
13.W /Community Center $265,818 $265,818
( 11108" Loan @9$)
14.NM Girls /Boys Club Impv 18.000 8.500
Subtotal: $283,818 $274,318
Administration (20% Max. =$ 90.600)
15.Fair Housg Cnslg $ 8,900 $ 8,900
Contingency for Stud 900
16.AdmExpns(Cntrct /In11ise� 43.000 50.082
Subtotal: $ 51,900 $ 59,882
GRAND TOTAL $493,218 $453,000
Mr. Bluell commented that, in analyzing
the applications, he did not recommend
funding of any organization which was
not funded by the City the previous
year.
Linda Schulain, President, Orange Coast
Interfaith Shelter, addressed the
Council and expressed appreciation for
the recommended allocation of $14,000.
She stated that their organization
is
provides housing to families for 60
days, and also provides emergency
shelter for 3 to 7 days. They just
opened a new building which houses 20
families nightly, an they are always
full. The number of homeless which they
Volume 45 - Page 136
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May 13, 1991
provide assistance to is escalating. In
response to Council inquiry, she stated
they did receive $15,000 from the City
of Costa Mesa last fiscal year, and for
the first quarter of 1991, they provided
housing to 11 individuals from Newport
Beach and 14 persons from Costa Mesa.
Jean H. Wegener, 2108 Vista Entrada,
Administrator for Street People in Need,
Inc., (S.P.I.N.) addressed the Council
and stated their organization is not
being recommended for any CDBG funding;
and therefore, she would like to have
their request reconsidered. She stated
that S.P.I.N. has operated in Newport
Beach since 1987, and their primary
purpose is to serve the homeless. She
cited their programs as unique, i.e.,
guaranteed apartment payment program,
substance abuse rehabilitation program,
career assistance program, etc. She
stated that out of 55 people they have
"taken off' the streets" since last June,
43 are still sober, working, and
standing on their own feet. S.P.I.N.
has over 250 volunteers from Newport
Beach and their office is in the City.
St. Andrews Presbyterian, Our Lady Queen
of Angels, and the Church of Jesus
Christ of Latter Day Saints all support
their organization. She stated that
unlike many social service agencies,
S.P.I.N. attacks the root cause of the
homelessness, rather than the symptom.
She stated they have received funding
from the County, and Cities of Costa
Mesa and Santa Ana, and would urge the
City Council to reconsider their
request.
Samuel Boyce, 301 Avenida Cerritos,
Founder and President of S.P.I.N.,
addressed the Council and stated he was
very surprised to learn their
organization was not recommended for
funding, as he felt they complied with
all City and CDBG criteria. S.P.I.N.
still continues to serve the "truly"
homeless, i.e., the person who sleeps on
the ground in an alley with no roof over
their head, and addresses the underlying
problem of that individual. He stated
it is extremely difficult to provide
specific data relative to demographics
and numbers when serving the homeless;
however, they do provide a number of
services to meet the immediate needs of
the very - low /no- income individuals and
families. They also maintain an
extensive networking arrangement with
local churches, and other local
nonprofit organizations such as S.O.S.
and F.I.S.H. and participate with the
County's Homeless Issues Task Force.
Many of their referrals come as a result
of their high visibility in Orange
County. In conclusion, he stated he
would hope the City redefines its
guidelines for funding in the future.
Volume 45 - Page 137
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WO! 17Ai —4133iETa[«3
ROLL CRLL
C_\Y\�� \V\ May 13, 1991
MINUTES
INDEX
Volume 45 - Page 138
Dianne Russell, 3029 Zell Drive, Laguna
CDBG /HUD
Beach, representing YWCA Hotel for
Women, addressed the Council and
expressed appreciation for continued
support. She stated their request is
for $10,000, and $15,000; however only
$1,500 is being recommended for each
program. She stated that their
organization is now turning away
anywhere from 20 to 25 women a day, and
as a result they are in the process of
opening a second -phase housing program
in approximately 10 weeks which will
provide more housing for women and their
children.
David Lamb, 1851 Port Stanhope, Vice -
President of Newport /Costa Mesa YMCA,
addressed the Council and asked for
reconsideration of their application for
child care. He also requested $20,000
from the Now Housing Construction
funding to provide materials only for
the replacement of a 22 -year old roof on
their facility. He outlined the many
recreation programs they offer the
youth, as well as senior citizens, and
stated they do not deny participation in
any program as a result of a person's
inability to pay for activities. He
stated that in 1990, 51% of their
participants received partial or full
financial assistance in order to
participate in a program. Last year,
they provided 7,300 showers to the
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homeless. Their Center for Family
Counseling serviced 1,700 individuals
from Newport Beach. He felt they
operate an excellent child care program
at Mariners School, Newport Heights
Elementary and in Eastbluff, and they
will be submitting a proposal this week
to the Newport Mesa Unified School
District to bid on the site for Newport
Elementary School as well.
George Scobas, Executive Director for
Newport /Costa Mesa YMCA, addressed the
Council and answered questions regarding
their child care program.
Randy Barth, Moderator for the Homeless
Task Force at St. Andrews Presbyterian
Church, Chairman of the Board of
S.P.I.N., addressed the Council in
support of their request for financial
assistance. He stated that S.P.I.N. is
one of the most innovative organizations
in the County dealing with the homeless,
and that many of the homeless service
organizations dove -tail into one another
as to what they provide. He felt that
all the agencies who applied for funding
are worthwhile groups; however, he does
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feel that because of S.P.I.N.Ia "cutting
edge services," and because of the
several hundred volunteers from Newport
Beach who donate their time to this
organization, they deserve some
consideration for funding from the City.
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 45 - Page 138
ROLL
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Motion
All Ayes
x
x
May 13, 1991
At this time, Mr. Bluell introduced
Joyce DeRreek, the City's CDBG
Consultant, who was in attendance.
Following discussion with respect to the
requests of Newport/Mesa YMCA and
S.P.I.N., motion was made to allocate
$1,500 to S.P.I.N. from the F.I.S.H.
loan advance program, thereby decreasing
the F.I.S.H. total amount to $9,050; and
to allocate $8,500 from the New Housing
Construction Fund to the Newport /Costa
Mesa YMCA to help fund a new roof
providing they qualify by HUD standards
within a 90 -day period, after which the
money will be made available for one
year.
The foregoing motion also includes
adoption of Resolution No. 91 -41
authorizing the City Manager to submit
the Final Statement, all understandings
and assurances contained therein, in
order to apply for a HUD 1991 -92
Community Development Block Grant; to
act as the official representative of
the City in connection with the
submission; and to sign contracts with
appropriate subagents to carry out
programs in the approved budget.
PUBLIC CO101ENTS :
Debra Allen, 1021 White Sails, Corona
del Mar, Chairperson, Corona del Mar
Residents Association, addressed the
Council and explained how their
association was developed four years ago
to acquaint them with their purpose and
function.
Jean Wegener, 2108 Vista Entrada,
Administrator for S.P.I.N., addressed
the Council and expressed appreciation
for the $1,500 allocation of CDBG
funding, but stated she would encourage
the Council to listen to their earlier
comments with respect to homelessness as
the funding will not go very far. She
invited members of the Council, who are
not aware of their program, to visit
their office and /or take a ride in their
van to see the homeless they serve and
the rehabilitation programs they
provide.
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed:
ORDINANCES FOR INTRODUCTION - Pass to
second reading on Nay 28, 1991:
(a) Removed from the Consent Calendar
(refer to agenda item G. 1 for
Council action).
Volume 45 - Page 139
MINUTES
INDEX
CDBG /HUD
91 =41
CdM Res
Assn
S.P.I.N.
1 '1. p I IN!
ROLL CRLL'� \ \ 'T` \ \ "� \May 13, 1991
MINUTES
(b) Proposed ORDINANCE NO. 91 -21,
Ord 91 -21
being,
Utilities
(89)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AN MID ING SECTION 14.25.065 OF THE
NEWPORT BEACH MUNICIPAL CODE BY
DECREASING THE SEWER USE CHARGE
FOR CUSTOMERS PURCHASING WATER
FROM THE CITY, INCREASING SEWER
USE CHARGE FOR CUSTOMERS HOT
PURCHASING WATER FROM THE CITY,
ESTABLISHING A WASTEWATER
SURCHARGE ON CERTAIN NONIRRICATION
WATER METERS AND ESTABLISHING A
SEWER CONSUMPTION CHARGE ON WATER
DELIVERED BY THE CITY. [Report
from the Utilities Director]
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 91 -42 revising the
Muni Code
price schedule for sale to the
Res 91 -42
public of bound volumes of the
(53)
NEWPORT BEACH MUNICIPAL CODE and
supplemental service for the code
and rescinding Resolution No.
8151. [Report from the City
Clerk]
(b) Resolution No. 91 -43 approving
0/C Haz Wet
Amendments to the ORANGE COUNTY
Mgm Flo,
HAZARDOUS WASTE MANAGEMENT PLAN.
Res 91 -43
[Report from the Planning
(68)
Department]
(c) Resolution No. 91 -44 authorizing
PW /Pedes-
the submittal of an application to
trian Bikwy
the ORANGE COUNTY TRANSPORTATION
Fac /OCTC
COMMISSION (OCTC) and the SOUTHERN
CALIFORNIA ASSOCIATION OF
6 SCAG
GOVERNMENTS (SCAG) for the
Res 91 -44
construction of pedestrian and
(74)
bikeway _facilities in Newport
Beach; and also authorizing the
City Manager or his designee to
make the application and act as a
City contact person. [Report from
the Public Works Department]
(d) Resolution No. 91 -45 declaring
Fire /Weed
that WEEDS AND OTHER PUBLIC
Abatm
NUISANCES EXIST upon streets,
Res 91 -45
alleys, sidewalks, parkways and
(41)
private property within the City,
declaring that said weeds and
public nuisances must be abated;
setting the time and place for a
public hearing on Nay 28, 1991, at
which the City Council will
consider protests from persons
objecting to the proposed
destruction or removal of such
public nuisances by the City, and
•
directing the Fire Chief to give
notice of the passage of this
resolution and of the public
hearing [Report from the Fire
Chief w /resolution]
Volume 45 - Page 140
C
•, , WIWI :d•"
" X�x4k�
M.
May 13, 1991
MINUTES
INDEX
Utilities/
Asm Dist 65
Res 91 -46
(89)
Utilities/
Asm Dist 65
Res 91 -47
(89)
Utilities/
Asm Dist 65
Res 91 -48
(89)
Utilities/
Asm Dist 65
Res 91 -49
(89)
Utilities/
Asm Dist 65
Res 91 -50
(89)
Veh /Trfc.
Res 91 -51
(85)
Marinapark
MH Sp 4 -E
C -2857
(38)
Balboa Is
Fire Sta/
ArchtectS,.
C -2862
(38)
Seal's/
Superior
Ambulance
Srvs
C- 2863(A/
(38)
(e) Resolution No. 91 -46 making
Findings on the petition regarding
UNDERGROUNDING UTILITIES ALONG
WEST COAST HIGHWAY FROM RIVERSIDE
AVENUE TO ROCKY POINT [PROPOSED
ASSESSMENT DISTRICT NO. 65].
[Report from the Public Works
Department]
(f) Resolution No. 91 -47 making
Appointment in PROPOSED ASSESSMENT
DISTRICT NO. 65. [Refer to report
w /agenda item F -2(e)]
(g) Resolution No. 91 -48 adopting
proposed boundary map showing the
boundaries of PROPOSED ASSESSMENT
DISTRICT NO. 65. [Refer to report
w /agenda item F -2(e)]
(h) Resolution No. 91 -49 of Intention
covering preliminary determination
to order the construction of
certain improvements in PROPOSED
ASSESSMENT DISTRICT NO. 65;
ordering the preparation of a
report describing the district to
be assessed to pay the cost and
expenses thereof; and providing
for the issuance of bonds. [Refer
to report w /agenda item F -2(e)]
(i) Resolution No. 91 -50 passing on
the Engineer's Report giving
preliminary approval, and setting
a public hearing for 7:00 p.m. on
June 24, 1991. [Refer to report
w /agenda item F -2(e)]
(j) Resolution No. 91 -51 prohibiting
SKATEBOARDING at McFadden Plaza.
[Report from Public Works - Traffic
Engineering]
3. CONTRACTS /A S:
(a) Approve transfer of MARINAPARK
NOBILE HOME SPACE 4 -E, from Robert
D Spurgeon to Edwin and Joy
Dillon; and authorize the Mayor
and City Clerk to execute subject
transfer.
(b) Approve a professional services
agreement with James Karl
Robinson, A.I.A., Inc., as
Architect for the PROPOSED NEW
BALBOA ISLAND FIRE STATION for a
fee of $60,000; and authorize the
Mayor and City Clerk to execute
subject agreement. [Report from
the Public Works and Fire
Departments]
(c) Authorize the Mayor and City Clerk
to execute AMBULANCE AGREEMENT FOR
PRIMARY SERVICE PROVIDER to
Seal's; and FOR BACKUP SERVICE
PROVIDER to Superior. [Report
from the Fire Chief]
O..l...nn AS - 0.—. 7 A7
INDEX
Utilities/
Asm Dist 65
Res 91 -46
(89)
Utilities/
Asm Dist 65
Res 91 -47
(89)
Utilities/
Asm Dist 65
Res 91 -48
(89)
Utilities/
Asm Dist 65
Res 91 -49
(89)
Utilities/
Asm Dist 65
Res 91 -50
(89)
Veh /Trfc.
Res 91 -51
(85)
Marinapark
MH Sp 4 -E
C -2857
(38)
Balboa Is
Fire Sta/
ArchtectS,.
C -2862
(38)
Seal's/
Superior
Ambulance
Srvs
C- 2863(A/
(38)
s,
ROLL
•
0
•
(d) Approve amendments to the SAN
JOAQUIN RESERVOIR TRUST AGREEMENT
providing for transfer of majority
ownership in the reservoir to the
Metropolitan Water District; and
authorize the Mayor and City Clerk
to execute subject agreement.
[Report from the Utilities
Director]
4. COMMUNICATIONS - For referral as
indicated:
MINUTES
Reservoir
Agm /Amnd
(a) To Parks, Beaches and Recreation IPB&B
Department for response, letter (62)
from Mark Lambert concerning lack
of :Lighting at walk -thru at the
TENNIS COURTS AT THE WEST END OF
RIVER AVENUE.
(b) To Business License Supervisor for Bus Lic/
reply, letter from Barry H. Cohen Massage
appealing the 300 hours of (27)
schooling requirement for the
City's regulations for MASSAGE
TECHNICIAN LICENSE.
(c) To Public Works Department for PW
report back, letter with (74)
suggestions from Lane Koluvek,
President, Friends of Newport Bay,
and Gary A. Drew of the Newport
Harbor Lutheran Church Council
concerning THE IRVINE COMPANY AND
THE CIRCULATION IMPROVEMENTS AND
OPEN SPACE AGBEENENT- NOTICE OF
INTENT TO PREPARE A DRAFT
PROGRAMMATIC ENVIRONMENTAL IMPACT
REPORT.
(d) To Parks, Beaches and Recreation PB &R
for response, letters from N. A. (62)
Rousselot and Tom and Barbara
Peckenpaugh indicating their
disfavor for the improvements
contemplated for INSPIRATION PARE.
(e) To Public Works Department for
reply, letter from Gordon Redmon
concerning possible ABANDONMENT OF
ALLEY AT 304 AND 306 CATALINA
DRIVE AND 303 LA JOLLA DRIVE.
(f) To Parks, Beaches and Recreation
Department for reply, letter from
Newport Crest Homeowners
Association concerning proposed
development of CAL TRANS WEST
PROPERTY AT INTERSECTION OF
SUPERIOR AVENUE AMD PACIFIC COAST
HIGHWAY.
(g) To staff for reply, letter from
Newport Crest Homeowners
Association concerning proposed
DEVELOPMENT OF ORANGE COUNTY
PROPERTY north of Pacific Coast
Highway and east of the Santa Ana
River, 40 acres, of which, are in
the City of Newport Beach.
Volume 45 - Page 142
PW
(74)
PB &R
(62)
Planning
(68)
0
•
MINUTES
May 13, 1991
(h) To City Attorney for reply, letter City Atty
from G. Thomas Dudley, Jr., (31)
requesting the City Council enact
appropriate legislation to give
the building operators the
authority to designate entire
buildings a nonsmoking building
and the means to enforce the
CITY''S SNORING ORDINANCE.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a)
Robert Rudman alleging damage to
Budman
tire, etc. , as a result of hitting
4" pothole in street on
February 28, 1991, on Pacific
Coast Highway and Balboa Boulevard
during construction in the area.
(b)
Monique M. Cloutier alleging tire
Cloutier
damage as a result of pipe
protruding from curb at Balboa
Boulevard and 13th Streets on
April 13, 1991.
(c)
Chris Hopper alleging City turned
Hopper
off water at meter in alley at
2512 A -B Ocean on April 6, 1991,
seeking reimbursement of plumbing
costs to have water turned back
on.
(d)
Inland Container Corporation
Inland
alleging damage to company -owned
Container
automobile as a result of City
Corp
coral tree falling on it at 326
Evening Canyon Road on March 30,
1991.
(e)
Bryan Marleaux alleging Police
Marleaux
Department towed his car in error
on March 25, 1991, believing it
was a car used in a window -
breaking crime; seeking
reimbursement of towing charge.
(f)
Amelia NeNhinney and Martin
McWhinney
NeWhinney alleging assault and
battery while passengers on Ferry
Boat operating in Balboa Bay on
November 24, 1990.
(g)
Joan McNaughton alleging damage to
McNaughton
bedroom carpet and garages as a
result of City water main brake
causing flooding at 416 38th
Street on February 19 or 20, 1991.
(h)
Garry L. Parks alleging damage to
Parks
tire rims, etc., as a result of
hitting large pothole in street at
Pacific Coast Highway and Balboa
Boulevard on
March 3, 1991.
Volume 45 - Page 143
I1; 1 ►I�1X i MIAMI
COUNCIL MEMO
MINUTES
TNIIFY
Volume 45 - Page 144
(i) Rich and Natalie Rietveld alleging
Rietveld
sewer backup at 324 Santa Ana
Avenue on April 14, 1991, caused
by City; seeking reimbursement of
•
plumbing expenses.
(j) Michael T. Sheridan alleging
Sheridan
personal injuries as a result of
unmarked rise in the street next
to the curb near the Doryman's
Inn, Newport Pier area on February
26, 1991.
(k) Timothy S. Simpson alleging two
Simpson
cars towed in error from 1713 W.
Balboa Boulevard on March 24,
1991.
(1) Keith R. and Debra D. Winterbower
Winterbowex
alleging damages to front wheel
and tire after striking a hole in
the street at Pacific Coast
Highway and Superior Boulevard on
March 2, 1991, as a result of
contractor doing work in the area.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Paul Hoofs for personal injuries,
Hoofe
Orange County Superior Court, Case
No. 654963.
(b) Darryl Laws for false
Laws
•
imprisonment, etc., Orange County
Superior Court, Case No. 655901.
(c) Luis G. Nuno, a Minor, by and
Nuno
through Josephine Nunc, his
Guardian, etc., Notice of Petition
for Leave to File Late Claim,
Orange County Superior Court, Case
No. 655632.
(d) Bill. R. Robinson, United States
Robinson
District Court, Case No. SACV -91-
0004-GLT (RWRK). Claim was denied
by City Council on April 23, 1990.
Summons and Complaint also
presented to Council on May 29,
1990.
S. REQUEST TO APPROVE/FILL PERSONNEL
(66)
VACANCIES: (Report from the City
Manager)
(a) One Police Records Specialist,
Police Department.
(b) One Central Library Manager,
Library Services Department.
(c) One Senior Custody Officer, Police
•
Department.
(d) One Building Maintenance Worker I,
Parks, Beaches and Recreation
Department.
Volume 45 - Page 144
1, 11k Faimorwi-3-W 73-z
0
is
•
MINUTES
May 13, 1991
9. STAFF AND COMMISSION REPORTS - For
Council information and approval:
(a) Report from Deputy City Manager Coun
recommending approval of amendment Poli
to CITY COUNCIL POLICY G -2, (69)
"DISTRIBUTION OF PUBLIC RELATIONS
MATERIAL. "
(b) Removed from the Consent Calendar
(refer to agenda item G. 2 for
Council action) .
(c) Letter to Marine Department with Marine/
recommendation from HARBOR QUALITY Harbor
COMMITTEE approving proposed Eagle Quality
Scout project to stencil catch
basins on the Balboa Peninsula, (51)
"No Dumping Drains to Bay."
10. PUBLIC HEARING SCHEDULING:
May 28, 1991 -
(a) Report from Business License
Supervisor REQUEST FOR RATE
INCREASE BY OFFICIAL POLICE TOW
TRUCK OPERATORS. [Attached]
(b) Refer to agenda item F -2(d) - WEED
ABATEMENT.
June 10, IL991 -
(c) Notice of Public hearing on
PRELffiNARY BUDGET FOR FISCAL YEAR
1991 -92.
June 24, 1991 -
(d) Refer to agenda item F -2(i) -
PRO.POSED ASSESSMENT DISTRICT NO.
65.
11. SPECIAL EVENTS APPLICATION NO. 91 -137 -
Uphold staff's recommendation to approve
request of Orange County Philharmonic
Society, for residential use of
amplified sound from 6:30 to 9:30 p.m.
on Saturday, June 8, 1991, for their
Annual Cocktail Benefit, subject to
conditions in the staff report. [Report
from the Business License Supervisor]
12. BALBOA PENINSULA ALLEY RECONSTRUCTION
(CONTRACT NO. 2806) - Accept the work;
authorise the City Clerk to file a
Notice of Completion and release the
bonds 35 days after the Notice of
Completion has been recorded in
accordance with applicable portions of
the Civil Code. [Report from the Public
Works Department]
13. RESUBDIVISION NO. 897 - Approve a
Subdivision Agreement guaranteeing
monumentation of the Parcel Map required
with Resubdivision No. 897 (located at
111 -117 23rd Street); and authorise the
Mayor and City Clerk to execute subject
agreement. [Report from the Public Works
Department]
Volume 45 - Page 145
Towing
(70)
Budget
FV 91 -92
(40)
Special
Events
(27)
Apli 91 -137
Balboa Pnsl
Alley Recn
C -2806
(38)
Resub 897
(84)
COUNCIL MEMBERS
MINUTES
INDEX
Volume 45 - Page 146
14. NEWPORT AND BALBOA PIERS REPAIR AND
Npt /Balboa
NEWPORT PIER BENCH AND HANDRAIL
Piers Rpr
REPLACEMENT (CONTRACT NO. 2805) -
C -2805
Approve the plans and specifications;
(38)
and authorize the City Clerk to
•
advertise for bids to be opened at 11
a.m. on May 31, 1991. [Report from the
Public Works Department]
15. JAMBOREE ROAD REHABILITATION FROM BACK
Jamboree
BAY DRIVE TO FORD ROAD (CONTRACT NO.
Rd Rehab
2798) - Approve the plans and
C -2798
specifications; affirm Categorical
(38)
Exemption; and authorize the City Clerk
to advertise for bids to be opened at 11
a.m. on June 7, 1991. [Report from the
Public Works Department]
16. RESUBDIVISION NO. 936 - Approve a
Resub 936
Subdivision Agreement guaranteeing
(84)
completion of the public improvements
required with Resubdivision No. 936
(located at 2612 Ocean Boulevard, Corona
del Mar); and authorize the Mayor and
City Cleric to execute subject agreement.
[Report from the Public Works
Department]
17. BUDGET AMENDMENTS - For approval:
(40)
BA -039, $30,000 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
preparation, printing and distribution
•
of an ANNUAL REPORT; Nondepartmental-
General Fund. [Report from the Deputy
(35)
City Manager]
BA -040, $21,880 - Decrease in
Unappropriated Surplus and Increase in
Budget Appropriations to provide for
preparation, printing and distribution
of THREE QUARTERLY REPORTS;
Nondepartmental -General Fund. [Report
(35)
from the Deputy City Manager]
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Utilities Director
Utilities
recommending introduction of proposed
(89)
ordinance to increase the Basic Water
Quantity Rate.
It was recommended in the above report
that they City Council approve the
transfer of $500,000 from the Water Fund
to partially offset the increase in the
Basic Water Quantity charge.
Council Member Hedges expressed his
opposition to the foregoing transfer of
funds and read into the record the
following prepared statement:
•
"It is with more than a little
concern that I find we are being
asked to transfer $500,000 from
the Water Fund to offset a needed
rate increase in the price of
water. Good water policy demands
that consumers pay a price for
wager which accurately reflects
its cost. Anything less than that
Volume 45 - Page 146
COUNCIL MEMBERS
Motion
•
x
May 13, 1991
price must fairly be considered
nothing less than a government-
subsidized price. Perhaps such a
policy would be appropriate in
times of a supply surfeit, but in
light of the current drought it
sends the wrong message to
consumers; namely, that
conservation and the true price of
a commodity are relatively
unimportant. I think that no one
could fairly oppose paying the
true price of water. Indeed,
basic economics suggest that an
increase in the price of a
commodity will encourage its
conservation. Conversely, that
commodity which has its price kept
artificially low will be more
likely to be squandered. Given
the penalty structure we have
enacted, it is even more important
to have the basic rate reflect the
true price. The fact that we have
a reserve fund paid by consumers
in times past should have no
bearing on our current situation.
Rather, this reserve fund should
be kept intact for capital
improvements to the distribution
system, or to encourage consumers
to retrofit water saving devices.
For example, a $500,000 sum is
enough money to launch a rebate
program designed to reimburse
consumers a set percentage amount
for the installation of such
things as low -flow toilets or the
like. That sum would also be
enough to hire an additional
person (only if necessary) to
administer the program under the
recommendations and guidance of
the Utilities Committee. It is
far better to have the money spent
to target conservation programs
rather than to spread it thinly
over a large number of users to
hold the price of water at an
artificial level. I urge the City
Council to consider charging the
true price of water and to
consider establishing a rebate
program with the money to
encourage conservation."
Council Member Cox commented that he had
no objection to the proposed transfer of
funds and felt the proposal by the
Utilities Committee was not unreason-
able.
Motion was made to introduce Proposed
Ordinance No. 91 -20, and pass to second
reading on Nay 28, 1991, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 14.12.090 OF THE
NEWPORT BEACH MUNICIPAL CODE TO
INCREASE THE BASIC WATER QUANTITY
RATE AT $1.18 PER HUNDRED CUBIC
FEET.
Volume 45 - Page 147
MINUTES
INDEX
Ord 91 -20
Basic Wtr
Qnty Rate
COICIL MEMBERS
•
•
All Ayes
May 13, 1991
Mayor Sansone cited the various methods
in which the City has attempted to
conserve water. He also stated that the
Utilities Committee, as well as the
Utilities staff, gave serious
consideration to this proposal before
bringing it to the Council, and he felt
the recommended action is appropriate.
Council Member Hedges invited interested
residents to contact their respective
Council Member regarding this issue
prior to the next meeting, as he is
still opposed to the transfer to offset
the rate increase.
Council Member Turner indicated he did
not agree with Council Member Hedges,
and commented that "by reducing the cost
of water. the City is charging the true
price of water ".
Jeff Staneart, Deputy Utilities
Director, addressed the Council and
stated this is the first rate increase
MWD has proposed in three years. The
reason their rates have remained stable
over the years is that MWD maintains
quite a high reserve account entitled
"Rate Stabilization Fund," and it is
their means by which they stable their
rates. That method is very equivalent
to what is being recommended by the
Utilities Committee, in that the
interest earned on reserves is used to
offset the increments in costs of
purchase, treatment and transportation
of water, operation and maintenance, and
salary expenses. As to future water
rate increases by MWD, he stated it is
their policy to try and maintain a
fairly stable rate; however, the
extended draught has caused water sales
with a rationing program to decrease,
and as a result, there are fewer units
of water to sell, which directly effects
revenue. It has been indicated by MWD
that there would not be another rate
adjustment except on an annual basis.
Council Member Hedges stated he will
support introduction of the subject
ordinance, but only to the extent of
passing it to second reading on May 28,
1991.
The motion was voted on and carried.
Letter signed by Mayor Sansone to Tom
Umberg, Assemblyman, 72nd District,
regarding support of ASSEMBLY BILL 1819.
Motion x Motion was made to receive and file the
All Ayes subject letter.
•
Volume 45 - Page 148
ORTI-1-2.9
W-11-41
Utilities
l.aoialati,
(48) - - - --
•
Motion
All Ayes
Motion
All Ayes
M
Al yes
40
.. _ a 11T_31&_
x
�f
May 13, 1991
a. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 91 -18, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADDING SECTION 11.20.040 TO THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO PROHIBITION OF
FISHING FROM THE WEST JETTY V
PARE.
Recycled report dated April 22, 1991,
from the Parks, Beaches and Recreation
Director.
Motion was made to adopt Ordinance No.
91 -18.
J. CURRENT BUSINESS:
1. HARBOR QUALITY CITIZENS ADVISORY
COMMITTEE VACANCY.
x
Motion was made to accept with regret
the resignation of Mark S. Gaughan from
the subject committee, and defer to
Nay 28, 1991, (District 7) Council
Member Cox's appointment to fill the
unexpired term ending December 31, 1991.
2. Memorandum from the City Manager
regarding COUNCILMANIC DISTRICT
BOUNDARIES.
x
Motion was made to adopt Resolution No.
91 -52, establishing an Ad Hoc
Councilmanic Redistricting Committee;
and appoint the Mayor and Council Member
Hart and Council Member Plummmer.
3. Report from the Public Works Department
regarding APPEAL OF WILLIAM OSWALD HIND
from Denial of an Application to
Construct a Driveway to An Uncovered
Parking Space at 1404 W. Bay Avenue.
Letter from Sandra Howarth and William
Oswald Hind requesting additional
offstreat parking.
The City Manager pointed out that the
applicant desires to use an open space
that resembles a patio for additional
off - street parking. The area in
question is not an enclosed garage
because the covered portion is not
enclosed and is too small to be
considered legal covered parking space,
being approximately 7 -1/2' x 120;
whereas, a minimum legal compact parking
space is required to be 7 -1/21 x 151.
Denial of the above was based on the
provision of Council Policy L -6,
Driveway Approaches, which states that
the width of a driveway approach bottom
shall not exceed 20 feet, except when
the driveway is to serve an enclosed
three or four car garage. Parking spaces
on Bay Avenue are at a premium,
especially on street sweeping days.
Granting the application has the effect
Volume 45 - Page 149
Drill
Ord 91 -18
Prohibitn
Fishg /West
Jetty VuPrk
(62)
Harbor
Quality/
CAC
Councilmansr
Boundaries
Res 91 -52
Ad Hoc
Redistrg
Cmte (24)
Permit/
Hind
(65)
s,
$11
MINUTES
ufT5 :l
Volume 45 - Page 150
of removing one on- street parking space
Permit/
available for the use of the
Hind
neighborhood in favor of one off - street
space that could be used only by the
•
occupants of the applicant's home.
William 0. Hind, 1404 W. Bay Avenue,
applicant, addressed the Council and
requested permission to use the existing
driveway from the previous dwelling for
one off - street open parking space. He
stated that because there are so many
curb cuts on the bay side of Bay Avenue,
he felt the best solution was to take as
much of the parking off - street as
possible to accommodate his family and
guests. He submitted photographs of his
home depicting the proposed parking
space, as well as other houses in the
immediate area with similar parking
situations.
Jack Hester, Architect for the project,
addressed the Council and stated from
the onset they knew they wanted 3 -car
parking, but knowing the third vehicle
was not going to be at the home all the
time, they chose to construct a two -car
garage with an opening so that the
building was not directly up against the
street. He stated that he has driven up
and down Bay Avenue and noticed that the
majority of the homes provide 3 -car
parking in some manner. He also talked
with the City's Traffic Engineer who
•
stated that a curb -side space would have
to be 20 foot long or a very minimum of
18 feet. In their case, there is only
17 feet, and if the request is denied
for off - street parking, there would
still not be enough footage for an on-
street parking space.
!lotion
x
Following discussion, motion was made to
lyes
x
x
x
allow the subject appeal on the basis
foes
x
x
x
that the on- street parking space would
be substandard in nature in any event,
which motion FAILED.
4otion
x
In view of the foregoing action, and to
kyes
x
x
x
discuss this item further, Council
foes
x
x
x
Member Hedges made a motion to
reconsider this item, which motion also
FAILED.
In view of the above action, the appeal
was considered denied.
4. Report from the Public Works Department
Irvine Av/
concerning IRVINE AVENUE AT SANTIAGO
Santiago Dr
DRIVE INTERSECTION IMPROVEMENTS AND
Imprvms
IRVINE AVENUE REHABILITATION BETWEEN
16TH STREET AND SANTIAGO DRIVE (CONTRACT
C -2641
.
NO. 2641).
(38)
Supplemental Report from the Public
Works Department with revised
recommended action.
Volume 45 - Page 150
KI_ TZ r13kG,a;�
•
Motion
All Ayes
•
•
x
May 13, 1991
The City Manager advised that at the
time the agenda was assembled, the staff
had a tentative agreement with Mr. and
Mrs. Dunlap concerning the purchase of
access rights to Irvine Avenue and the
reconstruction of their garage to a new
location on Santiago Drive. On Tuesday
afternoon, May 7, 1991, Mr. Dunlap
called to say that the $41,000 offer was
not sufficient, and he requested
substantial additional compensation.
The staff has reviewed the request and
feels that added compensation cannot be
justified. The plans have been revised
to provide drive access to the existing
garage by modifying sidewalk and street
grades. The staff has indicated to the
Dunlaps that, if they wish to change
their minds in the next two to three
weeks, the City still desires to acquire
the access rights and can accommodate
the plan revisions.
In view of the foregoing, motion was
made to: authorize the Mayor and City
Clerk to execute a Cooperative Agreement
with the City of Costa Mesa; affirm the
Notice of Categorical Exemption and the
Negative Declaration of Environmental
Impact; confirm the decision to
construct curb and gutters and a
driveway approach by Assessment Act
procedure; and authorize the City Clerk
to advertise for bids to be opened at 11
a.m. on June 13, 1991.
Report from the Public Works Department
concerning LANDSCAPING IN FRONT OF CITY
HALL.
The City Manager summarized the subject
report wherein the Planning Commission
has suggested that the new area in front
of City Hall that is being created by
the elimination of parking be landscaped
using drought resistant plant material.
The Newport Boulevard widening project
provides $7,000 for the installation of
an irrigation system and turf in an area
of approximately 16,000 square feet.
The three options available to the
Council are:
Install turf and irrigation
as planned.
Hire a landscape architect
to prepare a plan for
xeriscape and budget the
additional funds to install
xeriscape through a
separate contract.
Install the irrigation
system as planned in the
Newport Boulevard widening
project and delete the
turf. The Parks, Beaches
and Recreation Department
would maintain the dirt
area until such time as
water is more plentiful
when turf could be
installed.
Volume 45 - Page 151
MINUTES
INDEX
PW /City
Hall Land-
scaping
(74)
rw
MIN
MINUTES
10144
lotion x Following consideration, motion was made
I Ayes to approve Option 1 as set forth in the
foregoing.
Janice Tesons, 432 32nd Street,
addressed the Council and stated that
her daughter operates the consignment
store, Second Time Around, across from
City Hall, and since the removal of
parking in front of City Hall, business
has greatly decreased. She suggested
the parking be reinstated in front of
City Hall rather than planting grass,
particularly in view of recent water
conservation.
In response to question raised regarding
the number of parking spaces transferred
as a result of the Newport Boulevard
widening, the Public Works Director
reported that the original parking lot
in front of City Hall had 46 parking
spaces, and out of those 46 spaces, 4
additional spaces were created on Villa
Way at 32nd Street, making a total of
• eight; and 30 additional spaces were
placed on 32nd Street, increasing the
number on 32nd Street from 22 to 52. The
other 12 spaces are made up by
eliminating employee parking in the
existing City Hall parking lot by virtue
of having City Hall employees drive home
12 City car -pool vehicles. The net
balance of the parking spaces remains
the same, but they are available in
different locations and form.
W_1__ LC n_ -_ 1cn
Option 1 is currently part of an P
PW /City
existing project and can be accomplished H
Hall Land -
at no additional cost and no delay. s
scaping
This option could be completed in
approximately 70 days.
• O
Option 2 will require a consultant
contract and the time necessary to
design, prepare a contract, advertise
for bids, and install the xeriscape
system with walkway and lighting. This
process can probably be accomplished in
120 to 180 days.
Option 3 is recommended by the Parks,
Beaches and Recreation Department.
There would be a saving of approximately
$4,500 for turf installation that could
be set aside for a future installation
of turf.
Council Member Plummer commented that
she was "appalled" at the cost figures
to landscape the entire front of City
Hall as enumerated in the staff report
for Option 2, and indicated she felt
this might be the time to take a good
look at the total picture, as many of
the shrubs are very old, overgrown, and
should be replaced. She also was
hesitant at installing an irrigation
system at this time, and suggested that
nothing be done until the street work is
completed in front of City Hall.
Council Member Hart spoke in favor of
• C
installing temporary turf in order to
keep the dust and dirt to a minimum.
wfirdffj1 • ;'
ROLL CRLL"�, \_ \_ r\ \ 7 \ May. U. 1991
•
•
MINUTES
Evelyn Johnson of Evelyn's Barber Shop,
PW /City
410 32nd Street, also addressed the
Hall Land -
Council regarding the need for parking
scaping
in front of City Hall. She stated that
part of the parking problem is due to
people parking in handicapped stalls who
are not handicapped, as well as the
number of people attending the daytime
Alcoholic Anonymous meetings held at the
building on 32nd Street. She also stated
that individuals doing business at City
Hall park in front of her shop and,
therefore, her customers are without
parking. She also felt that limited
parking might be an improvement,
providing those vehicles are marked
frequently by the meter maids. She
stated her business has declined since
the loss of parking spaces in front of
City Hall, and urged the Council to give
this matter some consideration.
There being no objections, the Traffic
Engineer was directed to review the
parking situation on 32nd Street across
from City Hall, and report back at a
future study session.
Meeting adjourned at 10:20 p.m.
The agenda for this meeting was posted
on May 9, 1991 at 8:40 a.m., on the City
Hall Bulletin Board located outside of
the City of Newport Beach Administration
Building.
ATTEST:
Volume 45 - Page 153