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HomeMy WebLinkAbout01/10/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS S �G C'e0 REGULAR COUNCIL MEETING g may, PLACE: Council Chambers S `i�(� f- TIME: 7:00 P.M. ROLL CRLL DATE: January 10, 1994 Pr- nt x x x x x M.1 n x All Ayes Motion x All Ayes Motion All Ayes • u x x X MINUTES INDEX Mayor Turner presented a Proclamation to Approve contract with Bendetti Group for representatives of the Newport Elementary School in recognition of their celebrating the C -2983 formation of the Newport Beach Grammar School Deputy City Manager] District on January 16, 1894. 5. ROLL CALL NB Fire Reading of Minutes of Meeting of December 13, Fire Management Association. [Report 1993 and Adjourned Meeting of December 21, 1993, was waived, approved as written, and C -2946 (38) order filed. MEASURE M STREET REHABILITATION (C -2928) Reading in full of all ordinances and resolutions under consideration was waived, Rehab and City Clerk was directed to read by titles Resources, Inc. for the total bid price only. CONSENT CALENDAR (38) The following items were approved, except for Works Department] those items removed: 7. ORDINANCES FOR INTRODUCTION - Pass to 2nd Water Main reading on January 24, 1994: PENINSULA WATER MAIN RE- LINING PROJECT 1. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS C -2957 2. PROFESSIONAL SERVICES AGREEMENT FOR EIR -Ford/ PREPARATION OF AN ENVIRONMENTAL IMPACT Loral REPORT FOR THE FORD /LORAL DEVELOPMENT - Development City Manager and City Clerk to execute Utilities Department] subject agreement with MEG Associates C -2981 for a fee not to exceed $84,575.00. (38) [Report from Planning Department] Services Director and City Manager. 3. PROFESSIONAL SERVICES AGREEMENT FOR EIR - Balboa PREPARATION OF AN ENVIRONMENTAL IMPACT Bay Club REPORT FOR THE BALBOA BAY CLUB Remodeling/ REMODELING AND EXPANSION - City Manager Expansion and City Clerk to execute subject C_2982 agreement with Culbertson, Adams and Associates for a fee not to exceed (38) $46,425.00. [Report from Planning Department] 4. Approve contract with Bendetti Group for Marina Park MANAGEMENT OF MARINA PARK. [Report from C -2983 Deputy City Manager] (38) 5. Tentative agreement with Newport Beach NB Fire Fire Management Association. [Report Management from Personnel Director] C -2946 (38) 6. MEASURE M STREET REHABILITATION (C -2928) Measure M - Award subject Contract to Boral Rehab Resources, Inc. for the total bid price C -2928 of $766;892.00. [Report from Public (38) Works Department] 7. CONSTRUCTION OF WATER PIPELINE BALBOA Water Main PENINSULA WATER MAIN RE- LINING PROJECT Re-lining (C -2957) - Award subject contract to C -2957 Valverde Construction, Inc. in the (38) amount of $340,350.00. [Report from Utilities Department] 8. PERSONNEL ACTIONS - Reports from General (66) Services Director and City Manager. Volume 48 - Page 1 COUNCIL MEMBERS • u CITY OF NEWPORT BEACH MINUTES January 10, 1994 INDEX >. CLAIMS - For Denial by the City Manager (36) Serosh A. Andranian alleging tree roots have damaged driveway and walkway to front door at 1530 Anita Lane since October 19'93. Brooke Cody alleging damage to vehicle as a result of hitting partially covered ditch at Lake and 34th Street on December 2, 1993. Victoria Forsythe alleging personal ries as a result of trip and fall on Harbor Municipal Court Parking Lot on July 26, 1.993. Linda IrviCn alleging Police Department damaged door of home at 4352 Shorecrest on November 26, 1993. Dianna Jennings /Allstate Insurance Co. alleging damage to vehicle as a result of City tree branch falling onto it on November 1.4, 1993. Eileen E. Johansen alleging bicycle, etc. stolen from Utilities Department Office and storage area during break -in at Utilities Department Yard on November 14 -15, 1993. Farmers Insurance Company for Ann M. Mai to parked vehicle when Idamage large tree that had its roots cut by City Department was blown over and fell onto vehicle on Seaview west of Poppy on November 14, 1993. Janet R. Ohlson seeking indemnity from claim filed by Julie Walker at intersection of Birch Street and MacArthur Boulevard on November 22, 1992. Jeffrey Overstreet alleging personal injuries as a result of collision with Newport Beach Police Motorcycle at PCH and Superior Avenue on July 1, 1993. Ronald Schroeder seeking reimbursement for hand gun which was destroyed by Police Department during July 5 - 9, 1993. Christopher Spisak alleging personal injuries, lost wages, etc., as a result of accident at Inspiration Point - Orchid and Ocean on July 7, 1993. Tamara `iamanuha alleging personal injuries and damages to automobile as a result of being struck by Newport Beach Police vehicle in pursuit of stolen vehicle at Broadway near Newport Boulevard in Costa Mesa on July 24, 1993. 10. ACCEPTANCE OF THE CONTRACT FOR NEWPORT Nwpt Pier/ PIER AND BALBOA PIER REPAIRS AND Balboa Pik ELECTRICAL SYSTEM REPLACEMENT (C -2877) - Repairs Accept the work; authorize City Clerk to file a Notice of Completion; and release C -2877 (38) Volume 48 - Page 2 CITY OF NEWPORT BEACH COUNCIL MEMBERS s \\ ROLL CRLL January 10, 1994 • Motion All Ayes • x the bonds 35 days after the Notice of Completion has been filed, in accordance with applicable provisions of the Civil Code. [Report from Public Works Department:] 11. RESUBDIVISION NO. 995 - Authorize City Clerk to release the faithful performance bond and labor and material bond (Bond No. 13- 08 -36) provided by The Irvine Company subject to The Irvine Company closing escrow with the Bayside Village Mobilehome Owner's Association, located at 300 East Coast Highway. [Report from Public Works Department] 12. BUDGET AMENDMENTS BA -025, $1,976.00 - To transfer salary savings to help fund capital purchase of 3 computers for the PB&R Recreation Division. BA -026, $15,000.00 - To transfer funds from the Salaries account to the Services Prof Tech account to cover the costs of engineering services, Utilities Department. BA -027, $500.00 - To approve monies donated by the B.P.O. Elks Newport Harbor Lodge No. 1767 specifically to subsidize the purchase of snow for "Snow Day" at Grant Howald Park on December 11, 1993: [Memorandum from PB6R Director] ITEMS REMOVED FROM THE CONSENT CALENDAR Aaenda Item No. 1. Report from the Police Department regarding proposed ORDINANCE NO. 94 -1 being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REGARDING REGULATIONS OF SECURITY GUARD UNIFORMS. The City Attorney advised that he had revised the subject document to include an appeal provision to the City Manager as requested by Council Member Hedges in the afternoon study session. Motion was made by Council Member Hedges to introduce Ordinance No. 94 -1 and pass to second reading on January 24, 1994. PUBLIC HEARINGS MINUTES Resub 995 (84) (62) (70) 94 -1 rity 13. Mayor Turner opened the continued public ndergrounc hearing regarding PROPOSED UNDERGROUND Utilities UTILITIES DISTRICT NO. 13 (on West Coast District 12 Highway from Dover Drive westerly to (89) Marino Drive, and on MacArthur Boulevard from East Coast Highway northerly to Crown Drive). Report from Public Works Department. Volume 48 - Page 3 COUNCIL MEMBERS ROLL C�o�\ CITY OF NEWPORT BEACH January 10, 1994 The Public Works Director reviewed the background connected with this issue and noted that this hearing was continued from December 13 to this date in order to give staff additional time to meet with the affected property owners along Crestview Drive and explain the proposed underground service loan payment proposal. He also advised that the Edison Company has provided the City with a letter stating that Rule 8209 funds can be used for service connections up to 100 feet from the service panel to the property line (in this caste the property line is considered the southerly property line of the easement parallel to Coast Highway) and Edison recommends that the Rule 8209 funds be used from the Coast Highway right -of -way to the southerly side of the private alley. This will reduce the cost to the property owners for undergrounding their services. Historically it has been the City's policy that each property owner pay to underground their own services. The Public: Works Director reported that in previous discussions and in the meeting with the 31 affected properties in Bayshores, the City proposed a policy whereby in cases of hardship, the City would advance the cost of the conversions to be repaid up to a 5 -year period at an interest rate of ® approximately 58, which is essentially revenue neutral. He also noted that prior to this meeting, nine letters were received in protest to this proposed assessment:, however, just prior to this City Council meeting, the City Clerk received a letter and a petition representing 13 properties in favor of the proposed assessment district, and acknowledging that they would support the property owner bearing the cost of the service conversions. Peter Kenny, 2561 Crestview Drive, addressed the Council in support of the proposed underground utilities district. He stated he was one of the individuals who circulated the petition in support, and that there were seven property owners they were not able to contact. They did get some estimates for the underground work which range from $500 to $6600, and they can understand why some property owners may oppose the project. They would like to request that the City waive the $52 per home permit fee which they feel is out -of -line inasmuch as it will be a benefit to all of the community. Council Member Hart suggested the staff look into waiving the $52 permit fee referenced by Mr. Kenny. Bernard Rigolet, 2681 Crestview Drive, also addressed the Council in support of the underground utilities district. He stated that they just this evening received an estimate for the work as Volume 48 - Page 4 MINUTES Undergroun COUNCIL MEMBERS s �` ROLL CRLL Motion Motion • x x CITY OF NEWPORT BEACH January 10, 1994 mentioned by Mr. Kenny, and as a result, many property owners are not yet aware of the proposed cost. He noted that there is only one property owner who is estimated to pay $6600, and that the average cost for all other properties ranges from $1206 to $1800. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Hart expressed appreciation to the staff for all their efforts in this project, to the property owners who circulated the petition in support, and moved to adopt Resolution No. 94 -1 establishing Underground Utility District No. 13, and to approve the loan program for the City to lend the cost of reconnecting service connections for hardship cases, and further, to waive the $52 City permit fee required by each property owner. Council Member Sansone stated he felt the Council was acting a little too hastily inasmuch as many of the property owners are not yet aware of the estimated cost since that cost was not available until 6 p.m. this evening, and therefore, made a substitute motion to defer this item to January 24, 1994. Charles Wilson, Southern California Edison Company, addressed the Council and stated that there are some time constraints involved in the proposed project because of Caltrans plans to do some street widening and resurfacing work on PCH. However, the suggested two week extension will not create a hardship, but the longer the City waits, prices do fluxuate, and due to the economy, the sooner the City approves the project the better. In view of the foregoing discussion, Mayor Turner re- opened the public hearing. Mr. Kenny addressed the Council again and stated he felt the estimates for the work are realistic and that the electrical bid does include the electrical panel. John O'lexey, 2631 Crestview Drive, addressed the Council and stated that the total estimate for the 31 property owners that was just received this evening is $40,506.00. The telephone work is proposed to cost between $85 to $275; excavation $200 to $2350, and repairs $50 to $2250. He felt that some of the figures were somewhat high in cost. The Public Works Director noted that the affected property owners within the proposed district are welcome to obtain bids from any number of electrical contractors. The City has an established list of qualified contractors that have done this type of Volume 48 - Page 5 MINUTES INDEX ties 94 -1 CITY OF NEWPORT BEACH ��gqCOUNCIL MEMBERS 1�k < `s ROLL CRLL \k • Motion x Ayes x Noes x x x x x x Motion is Ayes x x x x x x Noes x • Motion All Ayes • x January 10, 1994• work in the past, and the list is available in the Building Department. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Hart encouraged the Council to move ahead with this project and not delay it any longer, and stated she will be voting against the motion to defer this for two- weeks. The substitute motion made by Council Member Sansone was voted on and FAILED. Mayor Turner asked if Council Member Hart would include in her motion some type of provision that would extend the amortization period to possibly 10 years for the pro erty owner who is estimated to pay the: N600 assessment. Council Member Hart stated she has no objection to Mayor Turner's suggestion, however, inasmuch as the staff will be working individually with all hardship cases, she felt this special case would be handled appropriately. The motion was voted on and carried. 14. Mayor Turner open the continued public hearing regarding DEVELOPMENT AGREEMENT NO. 5 - Request to approve an amendment to subject development agreement for the Hoag Hospital Master Plan between the City of Newport Beach and Hoag Memorial Hospital Presbyterian; located at 4000 West Coast Highway, on the northerly side of West Coast Highway, between Newport Boulevard and Superior Avenue and 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. Report from Planning Department. Motion was made by Mayor Turner to continue this hearing to January 24, 1994 as recommended by staff in their report. 15. Mayor Turner opened the public hearing regarding: A. General Plan Amendment No. 93 -3(B) - Request to amend the Land Use Element of the General Plan to redesignate the PacTel Site from a mixture of Retail and Service Commercial and Administrative, Professional and Financial Commercial to General Industry and increase the allowable development entitlement from 20,000 sq.ft, to 110,600 sq.ft. so as to allow development of a mini - storage facility in the North Ford Planned Community District, on property located at 1177 Camelback Street; rl�fp Volume 48 - Page 6 MINUTES ties 5 Hosp (38) ;PA 93 -3(B) (45) COUNCIL MEMBERS ROLL ZflLL s • • • CITY OF NEWPORT BEACH January 10, 1994 B. Amendment No. 790 - Request to amend the North Ford Planned Community District Regulations so as to redesignate Site 2a from Light Industry-Office- commercial /Industrial to General Industry and increase the additional allowable square footage from 20,000 sq.ft. to 110,600 sq.ft. and to amend the District's standards to incorporate appropriate language so as to accommodate provisions to regulate the proposed mini - storage facility in the North Ford Planned Co®nunity District; "M C. Traffic Study No. 91 - Request to approve a Traffic Study so as to allow the construction of a 110,600-square-foot mini - storage facility in the proposed General Industry Site 2a of the North Ford Planned Community; WE D. Site Plan Review No. 68 - Request to approve a Traffic Study so as to allow the construction of a 110,600 - square -foot mini - storage facility in the proposed General Industry Site 2a of the North Ford Planned Community. Report from Planning Department. A Supplemental Staff Report was distributed to the City Council on January 7, 1994. The Planning Director summarized the subject applications as enumerated in the above, advising that at its meeting of December 9, 1993, the Planning Commission recommended approval of the proposed project with an additional condition requiring Site Plan Review. At the conclusion of the public hearing on the Site Plan Review on January 7, 1994, the Planning Commission approved the application, subject to findings and conditions with the following modification to Condition No. 17: 17. That the hours of operation of the mini - storage facility shall be limited between the hours of 6:00 a.m. and 10:00 p.m. The Planning Director stated that the project includes 1,121 rental units in two buildings; a dwelling unit for on- site manager; the buildings are two - story configuration and are 22 ft. in height and access to the property is from the existing driveway. The development is enclosed with masonry walls and a chain link fence. In response to question raised by Council Member Hart regarding Volume 48 - Page 7 MINUTES INDEX PCA 790 (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s � ROLL CRLL January 10, 1994 INDEX landscaping around the building, the GPA 93 -3(B Planning Director commented that it his PCA 790 intention to use the General Services Department Arborist to review the landscape plans for the project. Council Member Hart indicated she would • like the :landscape plans to come back to the City Council for final review. The Planning Director referenced the plans on display which depict the size, number and type of landscape material proposed to be used around the site. He stated there is already a heavily landscaped embankment on the south side of the property. Rush Hill, Architect, representing the Applicant, addressed the Council and commended the staff for their assistance with this project. With respect to landscape plans and Council Member Hart's concerns, he stated this has been addressed and a well -known landscape architect was retained to perform the landscape design, which has met the approval of The Irvine Company as well as the design of the buildings. The buildings will be of "Class A" construction; it is a good project on a very unique and hidden piece. of property, and a good neighbor project because it is a low traffic generator with no noise and no external light. They have met with individuals in the • neighborhood and shared with them the landscaped plans, hours of operations, etc., and they have no objections. Council Member Debay commented that when the original general plan amendment was approved for the 20,000 sq. ft. building, she was part of a group of Ilevrport/Mesa Board of Realtors who were looking at this particular site for their new Association office, and alot of the members were very disappointed when the project fell through. However, she felt the proposed use will be superior for the neighbors inasmuch as there would have been far more traffic generated if their Association relocated to this site. She also felt the mini - storage facility could be a good income - generator for the City. Hearing no others wishing to address the Council, the public hearing was closed. Motion All Ayes x Motion was made b Council Member Cox to approve the following: (a) Adopt Resolution No. 94 -2, Res 94 -2 amending the Land Use Element of the General Plan so as to • designate the subject property for a maximum of 110,600 sq.ft. of mini- storage facility use; AND volume 48 - Page 8 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL `r �```` January 10, 1994 • (b) Adopt Resolution No. 94 -3, approving Amendment No. 790 so as to redesignate Site 2a of the North Ford Planned Community District from Light Industry- off ice - Commercial/ Industrial to General Industry, to increase the additional allowable square footage from 20,000 sq.ft, to 110,600 sq.ft., and to amend the District's standards to incorporate appropriate language so as to accommodate provisions to regulate the proposed mini - storage facility; AND (c) Uphold the action of the Planning Commission and approve Traffic Study No. 91 and Site Plan Review No. 68 subject to the findings and conditions as recommended by the Planning Commission. PUBLIC COMMENTS 1. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding crime in general and stated he did not feel that additional police officers and additional. jails is the solution to crime, but rather the teaching of morals in the schools and at home. In response to the above remarks, Council Member Debay, also member of the Anti -Gang Task Force Committee, reported that they are interested in reinstating the D.A.R.E. program into the junior high schools and providing an officer on the campus in the high schools, and she is hopeful, funds can be included in the 1994 -95 budget for this purpose. Delores Otting, 17 Hillsborough, and representing 5 Star Rubbish, addressed the Council and discussed 1) the City's regulations for Solid Waste Permits, 2) the General Services Department's request for proposals for refuse hauling dated December 28, 1993, 3) the proposal for Ambulance Service within the City, and 4) the State's ability to impose civil penalties on local governments for failure to implement a source reduction and recycling element or a household hazardous waste element. Grant Reynolds, 1301 Kings Road, addressed the Council regarding the proposed renovation at the Balboa Bay Club which consists of 17 guest rooms and 34,000 sq. ft. He stated that he represents many other concerned property owners in his neighborhood, and they are in agreement that some of the existing buildings are in need of repair, but they are opposed to any increase in height and want to have the opportunity to give their input and be involved in the planning process in the early stages. Volume 48 - Page 9 MINUTES RL1111# 1 94 -3 Crime in General Solid Wastc etc. Bay COUNCIL MEMBERS MR041\0 Mk Motion All Ayes • CITY OF NEWPORT BEACH x January 10, 1994 Mayor Turner informed Mr. Reynolds that once the environmental impact report is prepared for this project, public hearings will be held before the Planning Commission as well as the City Council which will give ample opportunity for public input. ORDINANCES FOR ADOPTION 16. Recycled memorandum from the Seashore - Oceanfront: Comprehensive Plan Executive Steering Committee regarding proposed ORDINANCE NO. 93 -27, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROVIDING FOR A MUNICIPAL COMPLIANCE OFFICER. It was noted that the proposed ordinance provides for a new employee designation which would allow the City Manager to hire a Municipal Compliance Officer on a contract: basis who would be empowered to enforce all City codes. Such an individual. could then devote attention to specific locations like the Seashore /Oceanfront project area. Motion was made by Council Member Debay moved to adopt Ordinance No. 93 -27. Council Member Debay announced that another meeting of Community Pride in West Newport will be held on February 15 at the Newport Elementary School, and she is hopeful the new Compliance Officer will be on board by that time. 17. Report from Deputy City Manager regarding OCEAN PIER REGULATIONS, proposed Ordinance No. 93 -28, being, MINUTES INDEX 93 -27 Dfficer (53) AN ORDINANCE OF THE CITY COUNCIL 1(62) OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 11.08 AND 11.20 OF THE NEWPORT BEACH MUNICIPAL CODE: TO REGULATE ACTIVITY ON OCEAN PIERS. It was noted by the City Manager that the specific issues this ordinance addresses are 1) sleeping, 2) cleanin of the piers on a periodic basis, and 3� the closing of the piers for that cleaning. He stated that Council Member Hedges, prior to this meeting, advised him that there needs to be a correction in the Ordinance to reflect the motion he made on December 13, 1993 relative to periodic closing of the beaches as well as the piers. Council Member Hedges stated that pursuant to Municipal Code section 11.08.030 - Use of Beaches at Night - the City :Manager has the authority to close the beaches periodically for public safety reasons, but not the piers, and that is what he requested be included in the subject Ordinance at the December 1.3, 1993 meeting. Volume 48 - Page 10 93 -28 n Pier COUNCIL MEMBERS ROLL CR ���sV • Motion All Ayes 0 Motion Ayes Noes CITY OF NEWPORT BEACH xI xIxIX x I x I x MINUTES January 10, 1994 Deputy City Manager Ken Delino addressed Ocean Pier the Council and stated that in reviewing Regulation the action of the Council on December 13, it was his interpretation that Council Member Hedges wanted to give the City Manager the same discretion to close the piers in the same way he now has to periodically close the beaches, and therefore, included in the Ordinance that is under consideration, the City Manager is given the discretion to close the piers anytime he deems appropriate. Council Member Hedges stated his motion made specific direction to amending Section 11.08.030 which was not done. In view of the foregoing, motion was made by Council Member Hedges to adopt Ordinance No. 93 -28 to reflect amendment to Section 11.08.030 as enumerated in the Minutes of December 13, 1993. 18. Recycled report from the Finance Ord 93 -29 Director regarding GROUNDWATER PROJECT Groundwate FINANCING, Proposed ORDINANCE NO. 93 -29, Financing being, (89) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.27 TO TITLE 3 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING THE PROCEDURE FOR ISSUANCE OF REVENUE BONDS. The City Manager stated that following adoption of this Ordinance, a Resolution will be forthcoming to the Council setting forth the actual size of a bond issue to improve the City's water system and acquire groundwater rights from the City of Fountain Valley. Motion was made to adopt Ordinance No. 93 -29. CONTINUED BUSINESS 19. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Encroach AND MAINTENANCE OF PRIVATE IMPROVEMENTS 1200 South WITHIN THE SOUTH BAY FRONT PUBLIC RIGHT- OF -WAY ADJACENT TO 1200 SOUTH BAY FRONT, gay Front BALBOA ISLAND. [Report from Public (65) Works Department] The Public: Works Director stated that although the subject application deals with a specific issue on Balboa Island, it has prompted a review of Council Policy L -6 regarding allowable encroachments. He pointed out that Policy L -16 for this area permits a maximum fence height of 3 ft., and patios at grade extending to an area which is not to be closer than 2 -1/2 ft. from the back of sidewalk. As a result of this application, an extensive review of construction on the Island was undertaken, and it was found that many areas for many years have had encroachments which do not conform to existing Policy L -6. In addition, the Volume 48 - Page 11 COUNCIL MEMBERS Nk C\F1N\ • • CITY OF NEWPORT BEACH January 10, 1994 amount of time that has transpired has allowed some discussion with the Balboa Island Improvement Association. The modifications to the Policy which are suggested on the third page of the staff report contemplate, in addition to the kind of encroachments he just described, the ability to construct raised patios not to be closer than 2 -1/2 feet from the back of sidewalk to a maximum grade of 2 -1/2 ft. above the sidewalk grade. The questions of raised patios carries with it another concern regarding the fences and walls which protect raised patios. The suggestion in the staff report is to allow fences on top of those patios which could not exceed 2 ft. 6" in height above the patio, cannot exceed 4 ft. in height above the existing public sidewalk grade, and that there be at least an 858 visibility through those fences. The Public Works Director noted further that there are two other issues of concern in considering this matter, 1) what is going to be the role and position of the Coastal Commission with respect to this kind of policy, and 2) should there be a yearly fee for existing and proposed encroachments. It has been suggested that staff be directed to discuss this issue with the Coastal Commission staff and come back with an appropriate fee policy, however, direction is needed from the Council. With regard to the specific application under consideration, if the Council is inclined to agree with the kind of policy suggested, then the application can be acted upon accordingly. Council Member Watt thanked the Balboa Island Improvement Association for their efforts in this matter, and noted that they are opposed to public property being used by individual property owners. She indicated she felt the suggestions contained in the staff report were a good compromise to the problem. She also stated that the Balboa Island Improvement Association felt that charging a yearly fee for the existing and proposed encroachments was justified. Brion Jeannette, Architect for the Applicant, addressed the Council and stated he :surveyed each of the parcels on South Bay Front and prepared a map on a house -by -house basis between Grand Canal and Park Avenue. He noted that there are 53 residences in the stretch of property, surveyed that have fences or walls oven 12 inches in height. He stated that he concurs with the suggestions of staff with the exception of two concerns, 1) the proposed minimum of 858 visibility through fences on raised patios which he felt would be difficult to achieve, and he would prefer to see a figure of 758 of the railing be left open. Secondly, he Volume 48 - Page 12 MINUTES INDEX Encroach COUNCIL MEMBERS CC LL s N • • Motion All Ayes Mfoo n All Ayes x x CITY OF NEWPORT BEACH January 10, 1994 would like the fence to be at the front face of the patio rather than the 6" setback. He stated this project has been "sitting" for approximately 6 months and he would applaud the Council for making a decision that would allow movement forward in this regard. Martin Weinberg, co -owner of 1200 South Bay Front, addressed the Council and stated he also concurs in the proposed revisions to Policy L -6 with the exception of those two items covered by Mr. Jeannette. He stated it is their hope to build an open -air type of fence on top of their patio and at the end of that patio. He noted that the appearance of the boardwalk is very important to residents as well as tourists, and by allowing open -air fences, the yy will serve a very useful purpose. He also stated he would be willing to enter into an agreement providing for a yearly fee for his encroachment. Discussion ensued with regard to the proposed 858 visibility fences on raised patios, and following consideration, motion was made by Council Member Watt to approve the changes recommended byy staff to Policy L -6 as shown on Page 3 (b) of the staff report, and that fences on top of he patio be setback 6 ", that there be a minimum of 758 visibility through fences on raised patios, and that a yearly fee be imposed for existing and proposed encroachments. The City Attorney requested the motion also include that an encroachment agreement be approved by the City Attorney and Public Works Director as it is his intent to draft such an agreement for the subject property and possibly other properties where it involves similar circumstances. There were no objections, from the Council. Mayor Turner asked that the motion be amended to provide a minimum of 408 open visibility through fences rather than 758, which motion carried. In view of the foregoing, motion was made by Council Member Watt to approve the application for an encroachment at 1200 South Bay Front, subject to execution of an Encroachment Agreement for non - standard improvements to be recorded with Orange County Recorder, and an Encroachment Permit issued by the Public Works Department. 20. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES for a one- year term expiring December 31, 1994. Motion was made by Mayor Turner to Confirm the following appointments: Volume 48 - Page 13 MINUTES INDEX ttees COUNCIL MEMBERS s ` ROLL CALL • • Motion All Ayes Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES January 10, 1994 Bicycle Trails Citizens Advisory Committee (District 2) Council Member Debay's reappointment of Frances Farrer. (District 6) Council Member Sansone's appointments deferred to January 24 Environmental Quality Affairs Citizens Advisory Committee (District 2) Council Member Debay's reappointment of Gregg Schwenk and appointment of Raymond Zartler. (District 3) Council Member Hart's appointment of Arthur Lewis. (District 6) Council Member Sansone's reappointment of Barbara Shelton. Harbor Quality Citizens Advisory Committee (District 2) Council Member Debay's appointment of Susan Leifer. (District 6) Council Member Sansone's appointment of Miriam Mayell. 21. JOINT GOVERNMENTAL COMMITTEES Motion was made by Mayor Turner to confirm the following appointments: Santa Ana River Flood Protection Agency Council Member Jean Watt Council Alternate Jan Debay. 22. COUNCIL AND CITIZENS AD HOC COMMITTEES Motion was made by Mayor Turner to confirm the following appointments: Ocean Front Walk Ad Hoc Committee McFadden Square Business Association Deferred until later date Economic Development Council Newport Beach Conference & Visitor's Bureau Representative. Deferred until later date Volume 48 - Page 14 10110 ttees . Govt. Hoc mittees COUNCIL MEMBERS ROLL CflLL��s��� \ \�O�\ • • Motion • x CITY OF NEWPORT BEACH January 10, 1994 CURRENT BUSINESS 23. APPEAL OF WILLIAM AND PAMELA GOODE FROM THE DENIAL OF A .PERMIT To retain a brick wall and patio constructed with the redevelopment of the property that encroaches approximately 5' into the East Bay Front right -of -way, located at 211 East Bay Front on Little Balboa Island. Report from Public Works Department. The Pubic Works Director stated that the physical :situation on East Bay Front on Little Island is somewhat different than the case just approved on South Bay Front on Balboa Island, and that it has not been integrated into the policy review that was previously discussed for South Bay Front. A suggestion has been made to continue this item for two weeks to allow staff to examine the policy implications of this application. The request has been recommended for denial because it does clearly conflict with the existing provisions of Policy L -6. Pam and Bill Goode, Applicants, 211 East Bay Front, Little Balboa Island, addressed the Council and stated they would prefer their application be acted upon this evening so it would not delay their project any further. They have unknowing:Ly encroached into public property when they rebuilt a deteriorating wrought iron fence with a brick wall in the same location, and in line with all their neighbors fences or walls. Their wall is completed and they are anxious to move into their home, and if they are required to move the wall back 5 feet, it will not be consistent with their neighbors and they will lose half of their front yard. Council Member Watt stated that she felt that East Bay Front is the exact same situation as that of North and South Bay Front and indicated they shouldn't be treated any differently. She stated she would like: to continue this item for two weeks as she has a meeting scheduled with the Public Works Department regarding Council Policy L -6 as it relates to Little Island. Council Member Cox stated he felt that East Bay :Front is different from South Bay Front: and the conditions there support that, and therefore, moved to approve the subject application, with the provision the applicants execute an Encroachment Agreement for non - standard improvements to be recorded by the Orange County Recorder, and that an Encroachment Permit be issued by the Public Works Department, and further, that a yearly fee be imposed for this encroachment. Volume 48 - Page 15 MINUTES INDEX Encroach 211 East Bay Front (65) COUNCIL MEMBERS ROLL CALL • All Ayes is CITY OF NEWPORT BEACH January 10, 1994 The City Attorney pointed out that eventually a new Council Policy will be written for East Bay Front, and it is his intention to have the Encroachment Agreement with the Goode's require their compliance with whatever policy the Council ultimately approves. Council Member Watt stated that the reason she wanted this item continued for two weeks is because she wants to be sure that whatever the Council does in this regard, there is a rationale for it. She stated her personal feeling is that the only difference between East Bay Front and North and South Bay Fronts is that most of the houses along East Bay Front have not been rebuilt for some length of time and the walls are out to the sidewalk. She also would like the Little Island Association to look at the subject property. Following further discussion, Council Member Cox moved to include in his motion that the policy to be written for East Bay Front incorporate conditions such as heights of walls, open spaces percentage, etc. Council Member Watt stated that what has not been addressed is whether or not East Bay Front should have a 2 -1/2 ft. setback (the same as North and South Bay Front), and if not, then a good rationale is needed. The City Attorney stated that it will take some time to develop a policy for East Bay Front, and he thinks he can put Council Member Watt's mind at rest in that the Encroachment Agreement that he contemplates will require the property owner to modify their encroachment so that it conforms to that policy. The motion, as amended, was voted and carried. 24. APPEAL OF STAFF'S DENIAL OF AN ENCROACHMENT PERMIT FOR CONSTRUCTION OF FOOTINGS, COLUMNS AND STRUCTURAL MEMBPHS FOR SEISMIC RENOVATION at 115 22nd Street. Reports from Public Works Department and Deputy City Manager. The Public: Works Director stated there are two principle elements to this application, 1) footings to accommodate the requisite structural amendments to the building to make it earthquake resistent, and 2) columns, some of which are a portion of the structural modifications and some of which are similar in appearance, but are architectural in intent. He referenced a drawing designated as S -2, Detail No. 11, and stated the face of the building in this case is at zero setback and shows the new footings for the columns to be provided, and shows the footings Volume 48 - Page 16 MINUTES Encroach Encroach 115 22nd (65) • Motion • COUNCIL MEMBERS INN x CITY OF NE"O:RT BEACH January 10, 1994 immediately below the sidewalk and projecting some 30 inches into the public right -of -way. The staff is recommending, if this application is approved, that particular detail be modified so that there would be a minimum of 24 inches vertical clearance between the surface and the top of the footing, and secondly, that the maximum encroachment be only 12 inches. The staff is concerned that there is a significant integral structural part of the building in the public right -of -way, and there is not a great deal of right - of -way width on 22nd Street. If this application is approved, there is a list o recommended conditions of approval in the staff report. Rush Hill, Architect representing the Applicant, addressed the Council in support of the request to allow eight decorative columns to encroach 8 inches upon the public sidewalk and 4 structural columns to encroach 12 inches upon the public sidewalk and their related footings underneath the sidewalk. He stated this is the last step to obtaining a building permit to meet the seismic retrofitting requirements which acknowledges this building shall be retrofitted by January 1, 1995 or torn down. He stated he has received three letters in support of the project. He also advised that he has reviewed both staff reports and conditions of approval, and finds those conditions acceptable. He displayed a rendering of the proposed development and stated that this kind of "face -lift" to the exterior of the building is a very strong statement to the economic viability of the area. In response to question raised by Council Member Debay, Mr. Hill indicated that as a result of this building renovation, other similar improvements in the area may be forthcoming. Council Member Hedges stated that this application is a result of the requirement for seismic retrofitting as administered by the City and mandated by State law, and therefore, he felt the City should support efforts by property owners in the older areas of the City to improve and enhance their buildings with a view to historical aspects in conjunction with the seismic retrofitting requirement. He pointed out that the Forgit Building is included in the City's Historic Resource Inventory. Following the above remarks, motion was made by Council Member Hedges to approve this application, subject to execution of an Encroachment Agreement for non- standard improvements to be recorded by the Orange County Recorder; that an Encroachment Permit be issued by the Public Works Department, and further, that it be contingent upon certain findings that are specific to this Volume 48 - Page 17 MINUTES INDEX COUNCIL MEMBERS s ROLL CRLL All Ayes • CITY OF NEWPORT BEACH MINUTES January 10, 1994 particular project, such as: 1) said encroachment is necessary for seismic strengthening, and 2) the building is of historical. significance and occupies a prominent part of Newport Beach history. Council Member Debay stated she will support the motion inasmuch as the City is not setting a precedent for future requests, and also because of the goals of the Economic Development Committee. The motion was voted on and carried. The meeting adjourned at 9:25 p.m. in memory of Larry Parrish, former Newport Beach Fire Captain who passed away on January 5, 1994. The meeting also adjourned to 5 p.m., January 14, 1994 and 8 a.m., January 15, 1994 at the Balboa Bay Club for a City Council Strategic Planning Workshop. ,t 4r 4r a• w * nt it * t * Ye Yk The agenda for this meeting was posted on January 6, 1994 at 8:20 a.m., on the City Hall1Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 48 - Page 18 INDEX