HomeMy WebLinkAbout08/14/1995 - Regular MeetingROLL
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CITY OF NEWPORT
REGULAR COUNCIL MEETING
BEACH
MINUTES
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TIME: 6:00 P.M.
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DATE: August 14, 1995
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CLOSED SESSION - 4:00 p.m. [Refer to separate agenda
from City Attorney)
CLOSED SESSION REPORT PRESENTED: None
RECESSED AT 5:50 P.M.
RECONVENED AT 6:00 P.M. for regular meeting
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ROIL CALL
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Reading of Minutes was waived, approved as written, and
ordered Filed:
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Regular Meeting of July 10, 1995.
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Adjourned Study Session of July 24, 1995.
x
Reading in full of all ordinances and resolutions under
consideration was waived, and City Clerk was directed to
read by titles only.
Mayor Hedges presented CERTIFICATES OF APPRECIATION
to former members of: Board of Library Trustees John
Nicoll and Nancy Jones; Arts Commissioners Phyllis Drayton
and Shelli Stewart; and Parks, Beaches and Recreation
Commissioner Taylor Grant, for their service to the City.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO
REPORT ON AT A SUBSEQUENT MEETING: None
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT:
Council Member Watt requested status reports on the
following:
1. Irvine Ranch Water District Demonstration Project
(August 28 agenda).
2. Upper' Newport Bay Dredging Project (September
11 agenda).
3. Groundwater Well Site Project (September 25
agenda).
Volume 49 - Page 333
NDEX
CITY OF NEWPORT BEACH
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August 14, 1995
INDEX
CONSENT CALENDAR
tc
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The following items were approved, except for those items
�1 es
removed:
ORDINANCE(S) FOR INTRODUCTION
Schedule for public hearing on August 28,1995:
1. Proposed ORDINANCE NO. 95 -31,
Ord 95 -31
Zoning
AMENDING TITLE 20 OF THE NEWPORT BEACH
(94)
MUNICIPAL CODE TO ADD "NAIL SALONS" TO THE
TABLE OF PERMITTED USES IN THE RSC, APF AND
RMC DISTRICTS, AS WELL AS VARIOUS SPECIFIC
AREA PLANS; TO DELETE THE USE PERMIT
REQUIREMENT FOR "NAIL SALONS" WITHIN
VARIOUS SPECIFIC AREA PLANS; AND TO ADD
SPECIFIC PARKING REQUIREMENTS FOR RETAIL
AND SERVICE ESTABLISHMENTS TO THE HARBOR
VIEW HILLS PLANNED COMMUNITY DISTRICT
(PLANNING COMMISSION AMENDMENT NO.
PCA 826
826). [Report from Planning Department]
2. Proposed ORDINANCE NO. 95 -32,
Ord 95 -32
Zoning
AMENDING PORTIONS OF TITLE 20 OF THE
(94)
®
NEWPORT BEACH MUNICIPAL CODE, TO REZONE
NEWPORT CENTER BLOCK 500 FROM THE APF -H
AND THE OS DISTRICTS TO THE P -C (PLANNED
COMMUNITY) DISTRICT; ADOPTION OF PLANNED
COMMUNITY DISTRICT REGULATIONS; AND
AMENDMENT TO DISTRICTING MAPS NO. 49 AND
50. (PLANNING COMMISSION AMENDMENT NO.
PCA 827
827). [Report from Planning Department]
Pass to second reading on August 28, 1995:
3. Proposed ORDINANCE NO. 95- 33,
Ord 95 -33
Building
AMENDING SECTION 15.32.015 OF THE NEWPORT
(26 )
BEACH MUNICIPAL CODE ESTABLISHING
REGULATIONS FOR UNDERGROUND UTILITIES.
[Report from Public Works and Building
Departments]
4. Removed from the Consent Calendar
5. Proposed ORDINANCE NO. 95 -35,
Ord 95 -35
GS /Civil
•
AMENDING CHAPTER 6.04, SECTIONS 6.04.080
AND 6.04.240 OF THE NEWPORT BEACH
Penalties
(44)
MUNICIPAL CODE PERTAINING TO CIVIL
PENALTIES. [Report from Assistant City Attomey]
Volume 49 - Page 334
CITY OF NEWPORT BEACH
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6. Proposed ORDINANCE NO. 95 -36,
Ord 95 -36
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Building /Floor
AMENDING SECTIONS 15.50.070 AND 15.50.220
Ins.
OF THE NEWPORT BEACH MUNICIPAL CODE TO
(26)
MAKE CONSTRUCTION WITHIN THE FLOOD PLAIN
CONSISTENT WITH THE MINIMUM REQUIREMENTS
OF THE NATIONAL FLOOD INSURANCE PROGRAM.
[Report from Building Director]
7. Proposed ORDINANCE NO. 95.37,
Ord 95 -37
Hearing Ofcr
ADDING SECTION 1.08.055 OF THE NEWPORT
(53)
BEACH MUNICIPAL CODE PERTAINING TO
DESIGNATION OF HEARING OFFICER. [Report
from City Attorney]
RESOLUTION($) FOR ADOPTGON
8. Resolution No. 95 -90, ordering the summary
Cannery Vlg/
VACATION AND ABANDONMENT OF A PORTION OF A
McFadden Sq
PUBLIC UTILITY EASEMENT LOCATED IN LOT 6 OF TRACT
SAP /Vac /Aband
NO. 1117 ADJACENT TO 32ND STREET NORTHERLY OF
utility Easm
VIA OPORTO, LOCATED IN THE CANNERY
Res 95 -90
VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN; and
(90 )
direct the City Clerk to have the resolution recorded
•
by the County Recorder. (Report from Public Works
Department]
9. Resolution No. 95 -91, requiring all traffic entering
Stop /Villa Wal
the intersection of VILLA WAY AND 31ST STREET TO
& 31st St
STOP. [Memorandum from Public Works
Res 95 -91
Department/Traffic Engineering]
(85)
10. Resolution No. 95 -92, requesting a grant in the
Marine /Pump-
amount of $3,094 from the STATE BOATING AND
out Fac
WATERWAYS TO REBUILD AN EXISTING PUMPOUT
Res 95 -92
FACILITY WITHIN THE CITY OF NEWPORT BEACH.
(51)
[Report from Fire and Marine Department]
11. Removed from the Consent Calendar.
CONTRACT(S) AND AGREEMENTS)
12. Removed from the Consent Calendar.
13. FEDERAL COOPERATIVE BEACH EROSION CONTROL
Federal Coop
PROJECT, STAGE 10 (CONTRACT NO. 3049) -
Beach Erosn
Approve an amended Agreement between the
Cntrl Prj
City and the County of Orange providing for City
C -3049
participation in Stage 10 of the Federal
(38 )
®
Cooperative Beach Erosion Control Project.
[Report from Public Works Department]
Volume A19 - Page 335
CITY OF NEWPORT BEACH
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14. SOUND WALL CONSTRUCTION FOR SEGMENT 1 OF
MacArthur Bl
MACARTHUR BOULEVARD WIDENING PROJECT
Wdng Prj /Snd
(CONTRACT NO. 2825 -D) - Accept the bids
Wall Cnstr /S #:
received and declare the intent to award
C- 2825 -D
Contract No. 2825(D) to the low bidder, All Pro
(38)
Masonry for the total price of $326,250.00. [Report
from Public Works Department]
15. SOUND WALL AGREEMENTS FOR SEGMENT 1
MacArthur Ell
CONSTRUCTION OF THE MACARTHUR BOULEVARD
Wdng Prj /Snd
WIDENING PROJECT (CONTRACT NO. 2825) -
Wall Agms /S #1
Approve eleven [il) separate Sound Wall
C -2825
Agreements with owners of property affected by
(38.)
Segment 1 construction. [Report from Public Works
Department]
16. Removed from the Consent Calendar.
17. AMENDMENT NO. 2 TO LEASE AGREEMENT
Lincoln /Npt-
(CONTRACT NO. 2528) LINCOLN
Mesa Unifd
SCHOOL/NEWPORT.-MESA UNIFIED SCHOOL DISTRICT
School Dist
- Policy designating a Tobacco Free Environment.
Amd C -2528
[Report from Community Services Director]
(3 8 )
18. GREEN ACRES RECLAIMED WATER PROJECT "END-
Green Acres
USER" AGREEMENT FOR BIG CANYON - Approve
"End- User" Agreement. [Report from Public Works
Prj /End -User
Agms /Big Cnyn
and Utilities Department]
C -3055
(38)
19. Removed from the Consent Calendar.
20. Removed from the Consent Calendar.
21. Removed from the Consent Calendar.
22. CLAIMS - For Denial by the City Manager:
(3 6 )
Martha Benvenuti, alleging water main was broken
by Griffith Company causing damage to
plumbing at 474 E. 17th Street, Costa Mesa, on May
1, 1995.
Bo Calabrese, alleging he was physically abused
by City Police Officer, wrongfully arrested, etc., on
February 17. 1995 on Linda Isle; seeking damages
totalling $336,000.
John Cadenhead, alleging he was intentionally
assaulted while in custody by Police Officer with
•
knife on June 16, 1995, thereby receiving contusion
and laceration, etc.
Barry Danielsen, alleging his vehicle struck hole in
the street on May 16, 1995 on MacArthur
Boulevard, causing damage to right front tire, rim.
etc.
Volume 49 - Page 336
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Shawn Hawthorne, alleging wrongful death of
Byran Hawthorne caused by dangerous design
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and maintenance of above intersection of Irvine
Avenue and Westcliff Drive on Febnjary 10, 1995;
seeking damages in the amount of $10.000,000.
Matthew Kot, alleging damage to parked vehicle
as a result of tree falling onto automobile between
Iris and 3rd Streets on July 26, 1995.
Ken Kvammen, alleging bike damage as a result of
hitting pipe which was protruding up from
roadway behind Newport Dunes as it enters Back
Bay Drive on July 9, 1995; seeking damages of $250
for repair of bike.
John and Sandra Miller, alleging ongoing problem
over years regarding large City tree uplifting,
splitting driveway and sidewalk at 5105 River
Avenue.
Kevin 1. Palmer, alleging City Police Officers
damaged his vehicle looking for drugs at Harbor
Municipal Court on July 7, 1995; seeking damages
of $9,311.43.
•
Jamie Polidore, alleging property damage and
personal injuries as a result of City Animal Control
employee who was exiting the parking lot of the
Harbor Municipal Court on February 15, 1995,
striking him on the passenger side.
Josephine Refchel, application to present late
claim. alleging personal injuries, loss of earnings,
etc., as a result of fall on curb ramp on s/s main
driveway entrance to Edwards Big Newport on July
22, 1994.
Franklin E. Sides, alleging City pickup hit and
damaged metal post on property at 106 26th
Street; seeking reimbursement of $147.
Stacy Upton, alleging head injuries as a result of trip
and fall on sidewalk on Iris Street on April 30, 1995,
which was under construction and not properly
marked.
Erika Wilson alleging Police vehicle backed into
her car on July 10. 1995, on Hoag Hospital property
•
causing extensive damage.
For refection /late claim of:
Adrian F. Herr, alleging physical abuse by City
Police Department on Balboa Peninsula on July 4,
1992; seeking reimbursement of hospital bills.
Volume, 49 - Page 337
CITY OF NEWPORT BEACH
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23. AGENDA FOR AUGUST 10, 1995 /ACTIONS BY THE
(68 )
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PLANNING COMMISSION.
24. POLICE FACILITY SHOOTING RANGE MODIFICATION
Police Fac/
(CONTRACT NO. 2980) - Accept the work; and
Shooting Rng
authorize the City Clerk to file a Notice of
C -2980
Completion and release the bonds 35 days after
(3 8 )
the Notice of Completion has been recorded in
accordance with applicable portions of the Civil
Code. [Report from Public Works Department]
25. Removed from the Consent Calendar.
26. RESUBDIVISION NO. 1003 - Accept the offer of
Resub 1003
dedication of Vehicular Access Rights to East
(8 4 )
Coast Highway except at approved access
locations for Lots 2, 3 and A of Tract No. 5361;
Parcel 4 of Parcel Map No. 93 -111 (Resubdivision
No. 995); a portion of Block 54, Irvine's Subdivision;
and Sections 26 and 27, Township 6 South, Range
10 West, San Bernardino Meridian, located at 201-
299 East Coast Highway, on the southerly side of
East Coast Highway between the Bay Bridge and
Bayside Drive, adjacent to Linda Isle. [Report from
Public Works Department]
27. RESUBDIVISION NO. 1007 - Approve a subdivision
Resub 1007
agreement guaranteeing completion of the public
(8 4 )
improvements required with Resubdivision No. 1007
for portion of Lot 171, Block 54 of Irvine's
Subdivision, more particularly described as 2888
Bayshore Drive. [Report from Public Works
Department]
28. TRACT NO. 14839 - Parcel 1 of Parcel Map 10/20
Tract 14839
(Resubdivision No. 23 and 240), located at 1001-
1147 Granville Drive, on the westerly comer of
Newport Center Drive and Granville Drive, in
Newport Center: 1)Approve the improvement
plans and specifications and accept the public
improvements constructed in conjunction with
Tract No. 14839; 2)Authorize the City Clerk to
release the faithful performance surety; (cash
deposit in the amount of $9,000.00 was deposited
into Account No. 010 -2202 on June 17, 1994 and
the deposit should be returned to GV- Newport
Center, LP at 270 Newport Center Drive, Suite 100,
Newport Beach, CA 92660); and 3)Authorize the
City Clerk to release the labor and material surety
•
(cash deposit in the amount of $9,000.00 was
deposited into Account No. 010 -2202 on June 17,
1994 and the deposit should be returned to GV-
Newport Center, LP at 270 Newport Center Drive,
Suite 100, Newport Beach, CA 92660) in six months
provided no claims have been filed. [Report from
Public Works Department]
Volume 49 - Page 338
CITY OF NEWPORT BEACH
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29. QUITCLAIM DEEDS FROM SIGNAL LANDMARK IN THE
Signal /Land-
NEWPORT SHORES DEVELOPMENT IN CONJUNCTION
mark /Npt Shrs
WITH THE ISSUANCE OF A CERTIFICATE OF
Clubhouse
COMPLIANCE FOR THE CLUBHOUSE PARCEL -
(74)
1)Accept the Quitclaim Deed dedicating a 20 -foot
strip of land known as Assessor's Parcel 114- 661 -10,
more particularly known as Canal Street; authorize
the City Manager to execute the Acceptance
Certificate; and authorize and direct the City Clerk to
have the Quitclaim Deed recorded with the Orange
County Recorder, 2)Accept the Quitclaim Deed
dedicating a corner cut -off over the southwesterly
corner of Assessor's Parcel 114- 661 -09, known as
Canal Circle from Signal Landmark; authorize the
City Manager to execute the Acceptance
Certificate; and authorize and direct the City Clerk to
have the Quitclaim Deed recorded with the Orange
County Recorder, 3)Accept the Quitclaim Deed
dedicating land known as Assessor's Parcel No.
114- 661 -08, being a portion of the Santa Ana River
bed, lying and being contiguous to Tract No. 4601
as per map recorded in Book 175, Pages 26 and 27
of Miscellaneous Maps, for public access and
waterway purposes Pursuant to Section 66477.2 of
the Subdivision Map Act; authorize the City
.
Manager to execute the Acceptance Certificate;
and authorize and direct the City Clerk to have the
Quitclaim Deed recorded with the Orange County
Recorder. [Report from Public Works Department]
30. PUBLIC WORKS REORGANIZATION PLAN - 1)Approve
PW
the establishment of five new classifications:
(7 4) '
Utilities Services Manager, Engineering Services
Manager, Development Services Manager,
Construction Engineer, and Administrative
Manager; 2)Autho(ze filling the Development
Services Manager position through an in -house
recruitment; 3)Authorize filling the Utilities and
Engineering Services Manager positions through
open recruitment; 4)Authorize the upgrade of
Associate Civil Engineer - Utilities to Utilities Design
Engineer; 5)Authorize the reclassification of Field
Engineer to Construction Engineer, 6)Authodze the
reclassification of Public Works Management
Analyst to Administrative Manager. (Report from
Public Works Department]
31. OCEAN FRONT STREET END IMPROVEMENTS
Ocean Front
(CONTRACT NO. 3001) - Affirm the Notice of
St End Imprvn
•
Exemptions for the Ocean Front Street End
C -3001
Construction Improvements; approve the plans
(38)
and specifications; and authorize the Staff to
advertise for bids. [Report from Public Works
Department]
32. Removed from the Consent Calendar.
Volume 49 - Page 339
CITY OF NEWPORT BEACH
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33. ANNUAL NARCOTICS ASSET FORFEITURE REPORT -
PD
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[Report from Chief of Police]
(70 )
34. STATUS REPORT OF FIRE AND MARINE MERGER -
(41)
Review and approval for policy direction. [Report
from Fire and Marine Chief]
35. ARTS AND CULTURAL GRANTS /1995 -1996 - Approve
(24)
recommendations for Arts and Cultural Grants
1995 -1996. [Report from Arts Commission]
36. CONFERENCE CENTER FEASIBILITY STUDY UPDATE -
(68)
Receive and file report . [Report from Planning
and Building Department]
37. OLD NEWPORT BOULEVARD SPECIFIC AREA PLAN AD
(24)
HOC COMMITTEE - Receive and file subject report
of May 16 and June 18, 1995. [Report from
Planning Department]
38. HARBOR PERMIT APPLICATION NO. 175 -112 -
Harbor Pemit
Approve, subject to conditions in the staff report,
Apl #175 -112
request by Floyd Schenk to revise the residential
(51)
pier and float bayward of 112 Via Lido Nord.
[Report from Fire and Marine Department]
®
39. MARINAPARK MOBILE HOME TRANSFER - Approve
(73)
transfer of Space 12 -E to Henry and Debbie
Casden. [Report from Assistant City Manager]
40. MAIN STREET IMPROVEMENTS (CONTRACT NO. 3060)
Main St Imprn
- Approve plans and Specifications, and authorize
C -3060
staff to advertise for bids. [Report from Public
(3 8) .
Works Department]
41. Removed from the Consent Calendar.
42. BUDGET AMENDMENTS
(40)
BA -002 - Removed from the Consent Calendar.
BA -003, $2,000 - To provide for purchase of seven
new surfboards for use in sung instruction from
account designated for this purpose; COMMUNITY
SERVICES - RECREATION.
BA -004, $ 6,000 - Approve an appropriation of
$6,000 from Account No. 010 -3766 Off Street
Parking Reserve to Account No. 7014 - 05100261
Balboa Parking Lot Project; PALM STREET PARKING
LOT (CONTRACT NO. 3044). [Memorandum from
Public Works Department]
BA -005 - Removed from the Consent Calendar.
Volume 49 - Page 340
CITY
OF NEWPORT BEACH
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ITEMS REMOVED FROM THE CONSENT CALENDAR
4. Proposed ORDINANCE NO. 95 -34,
Ord 95 -34
Planning /Code
AMENDING SECTION 1.12.020 OF THE NEWPORT
Enfrcm
BEACH MUNICIPAL CODE AMENDING THE CODE
(53)
ENFORCEMENT AUTHORITY OF THE CODE
ENFORCEMENT SUPERVISOR AND THE SENIOR
CODE ENFORCEMENT OFFICER. [Report from
Planning Department]
Mayor Pro Tern Debay asked the City Attorney if
the proposed Ordinance and recommended
action would limit the enforcement personnel to
only the City's two Code Enforcement Officers.
The City Attorney stated it was his understanding
that the action being recommended is only
eliminating the duties of the former Municipal
Compliance Officer as referenced in the Municipal
Code, and adding in its place, the existing titles of
Code Enforcement Supervisor and Senior Code
Enforcement Officer.
40
x
In view of the foregoing, motion was made by
Mayor Pro Tern Debay to introduce Ordinance No.
95.34 and pass to second reading on August 28,
1995.
Council Member Edwards questioned if the City
has the ability to enforce the Code as a result of
the above change, to which Mr. Delino stated the
City has two Code Enforcement Officers, and it is
his intent over time to have them enforce
provisions of the Code other than just Title 20.
All Ayes
The motion was voted on and carried.
11. Report from General Services Director regarding
GS /Countywide
proposed resolution adopting the COUNTYWIDE
Integ Waste
INTEGRATED WASTE MANAGEMENT PLAN.
Mgm Pln (44 )
Madelene Arakelian, South Coast Refuse,
addressed the Council and asked the purpose of
the proposed action, indicating she felt some of
the reporting requirements could be redundant.
Inasmuch as the General Services Director had left
•
the Council Chambers momentarily, this issue was
deferred to the end of the items removed from the
Consent Calendar.
Volume 49 - Page 341
CITY OF NEWPORT BEACH
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Dolores Citing, 5 -Star Rubbish, addressed the
Council and stated it was her understanding that
•
this item should have been a public hearing and
not placed on the Consent Calendar. She also
suggested a copy of the Integrated Waste
Management Plan be available at the Central
Library.
Yvonne Houssels, President, Harbor View Hills South
Homeowners Association, addressed the Council
and asked if the subject Plan had anything to do
with Automated Refuse Collection, to which the
Mayor replied in the negative. The Mayor noted
that the Integrated Waste Management Plan is a
compilation of the Source Reduction and
Recycling Element, Household Hazardous Waste
Element, and a Non - Disposal Facility Element from
each city in the County as required by AB 939.
12. Report from Public Works Department regarding
Diego Crk No.
DEVELOPMENT OF SAN DIEGO CREEK NORTH
prop /FJones
PROPERTY (CONTRACT NO. 3026) - Recommending
C -3026
approval of Amendment No. 1 to the
(38 )
Memorandum of Understanding between the City
of Newport Beach and FLETCHER JONES
MOTORCARS.
Dolores Otting, 17 Hillsborough Drive, addressed the
Council and asked if the total cost for this project
had been established as yet, to which Mr. Delino
indicated a report will be coming to the Planning
Commission on August 24 which will be available
to the public.
Motion
x
In view of the foregoing, motion was made by
All Ayes
Mayor Pro Tern Debay to approve the staff's
recommendation.
16. Report from Public Works Department
SJoaauin Hill;
recommending approval of the SAN JOAQUIN
Trnsp Crdr
HILLS TRANSPORTATION CORRIDOR (SJHTC) - MAJOR
(SJHTC) Mjr
THOROUGHFARE AGREEMENT with the
Thoroughfare
Transportation Corridor Agency.
Agm C- 2548(38
Yvonne Houssels, President, Harbor View Hills South
Homeowners Association, addressed the Council
and asked for clarification of the proposed action.
In response to the above, the Public Works Director
stated that the subject agreement is a document
•
which will ultimately be an agreement between
the City and Caltrans. This is an action that each
agency along the Corridor must execute, and it
pertains to the roads that are both crossed over,
gone under, or connect to the Corridor within their
corporate boundaries. This agreement covers the
portion that is near Bristol and Jamboree.
Volume 49 - Page 342
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The City Attorney noted that the California Supreme
Court has ruled that this particular Corridor is a
matter of State wide concern, and therefore, the
City's Charter provisions requiring voter approval for
freeway agreements are not effective.
In response to question raised by Roya Fouladi,
resident, the Public Works Director reiterated that the
only portion of the Corridor that is in the physical
boundaries of the City of Newport Beach is in the
vicinity of Jamboree Road and Bristol Street.
Motion
x
Hearing no further remarks, motion was made by
All Ayes
Mayor Pro Tern Debay to approve staff's
recommendation.
19. Report from Public Works and Utilities Department
Green Acres
regarding ORANGE COUNTY WATER DISTRICT, the
Prj (Bonita
GREEN ACRES PROJECT BONITA CREEK PARK
Crk Park)
IRRIGATION IMPROVEMENTS (CONTRACT NO. 3055) -
C -3055
Recommending the City Council find that the lowest
(3 8 )
bidder, Accurate Landscape & Maintenance
Corporation, can meet the requirements for
completing the proposed contract work and
•
declare them the "low bidder," and award subject
contract in the amount of $53,824.29.
Mayor Pro Tern Debay referenced a comment in the
staff report which states: "Because of the bankruptcy
and OCWD's staff limitations, the formal agreement
authorizing these expenditures has not been
executed. In the interim, City funds will be
expended for the retrofitting." She questioned if
there was a hurry to proceed with this contract or
could the City wait until authorization is given by
OCWD.
Michael J. Sinacori, Acting Utilities Manager, advised
that the Council could defer action on this item;
however, the staff was hopeful of completing the
work at this time so as to not impact park use and
have it completed by September. He stated that
the District has agreed to fund a portion of the
improvements in the amount of $25,000; however, a
formal agreement will not be ready until sometime in
October. If the Council does not award the
contract at this time, the City would lose the low bid
of $53,824.29 (the Engineer's estimate was
•
$82,000.00).
Motion
x
Following discussion, motion was made by Mayor Pro
All Ayes
Tern Debay to approve staff's recommendation,
contingent upon the City receiving a letter of Intent
from the OCWD to fund a portion of this project.
Volume 49 - Page 343
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20. Report from Public Works and Utilities Department
Groundwater
•
recommending approval of GROUNDWATER
Dev Prj /Rch #3
DEVELOPMENT PROJECT/TALBERT FLOOD CONTROL
C- 3004 -L
PANEL CHANNEL (D••02) REACH NO. 3 PIPELINE -
(38)
Revised Easement Deed and Pipeline Easement
Agreement.
In response to inquiry of Council Member Edwards
regarding whether or not there would be an
expenditure of funds for this item immediately, the
Public Works Director replied in the affirmative
stating the Board of Supervisors approved this
Agreement on August 1, 1995 and that the City would
be acquiring the 15 foot wide easement providing it
is approved by the Council as set forth in his report.
The Public Works Director noted that the contractor
for this project is ready to proceed and they are
hopeful to complete the work by mid - October.
Dolores Otting, 17 Hillsborough Drive, addressed the
Council and urged this item be postponed for at
least six weeks. She also indicated that there were
questions and concerns in the EIR for the
Groundwater Project by the City of Fountain Valley
•
that were not addressed.
Mayor Pro Tern Debay referenced the investigation
being done by the City of Fountain Valley, and
advised that it has to do with the amount of
increased energy it takes for them to pump their
water. They are in the process of developing a fee
that will be charged annually to Newport Beach and
this is the reason for the investigation.
Michael J. Sinacori, Acting Utilities Manager, stated
that if this project is delayed, the City would have to
pay the contractor (C.K. Construction) who was
awarded this project sometime ago to get out of the
contract. He noted that a pre - construction meeting
was held with the contractor on Friday and they are
waiting to proceed.
Motion
x
Following discussion, Council Member Cox stated he
Ayes
x
x
x
x
x
felt a delay would only cost the City money, and
Noes
x
x
therefore, moved to approve the staff's
recommendation.
•
21. PERSONNEL VACANCIES - Report from
(66 )
Administrative Services Director.
Council Member Glover referenced the request
from the Public Works /Utilities Department to fill
certain vacancies as a result of their
reorganization, and discussed her concerns.
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The Public Works Director advised that there are
Personnel
•
currently four vacancies between the Engineering
Vacancies
and Utilities Divisions; the 1995 -96 Budget provides
for 73 positions between the two different divisions
and no new positions will be added that are not
already provided for in the Budget; however, a
number of positions are being reclassified as a
result of the reorganization; if all four positions were
filled at this time, the department salary allocation
would be between $6.000 and $9,000 higher than
what is in the Budget.
Council Member Glover indicated it was her
understanding that once the reorganization plan
was in place, the City was going to be "money -
ahead," but it now appears additional funding is
needed which concerns her very much.
Discussion ensued regarding the reorganization
plan, wherein the Public Works Director noted that
the three proposed management positions will be
five percent (5 %) above the principal civil
engineering level and that the Utilities Director and
Deputy Utilities Director positions will be eliminated
•
which were considerably higher in salary.
In view of the comments made by the Public Works
Director, Council Member Glover indicated she will
not support the requests as recommended.
Mayor Pro Tern Debay pointed out that when Ben
Nolan retired, Mr. Webb took on two jobs because
his position was not replaced. Just recently one of
his principal engineers, Steve Badum, left to
become the Public Works Director for Seal Beach,
and the Utilities Director, Jeff Staneart, recently
resigned to go to IRWD. In essence, Mr. Webb has
taken on at least three positions. She stated she is
prepared to vote on this matter tonight so that he
can proceed with the recommended plan.
Motion
x
Following consideration, motion was made by
Council Member Watt to approve the requested
positions as outlined In the subject report.
Mayor Hedges indicated he would like Mr. Webb
to "sharpen his pencil" to see if further salary
reductions can be made in the four requested
•
positions, and report back in two weeks.
Council Member O'Neil stated he is in support of
the motion on the floor, with the understanding the
Public Works Director will strive to continue to look
at his organization internally in an attempt to try to
"fine -tune it" where possible.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
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25. Report from Public Works Department
Bayfront St
•
recommending approval of BAYFRONT STREET END
End Encrchms/
ENCROACHMENTS IN WEST NEWPORT BAY
WNpt Bay Chnl
CHANNELS - 1)That structural encroachments be
(74)
prohibited in street ends adjacent to the West
Newport Bay Channels; 2)That the Public Works
Department notify the property owners with
structural encroachments into the Boyfront street
ends to Newport Channel to remove the
encroachments within 90 days; 3)Deny the appeal
of Ann Santos, representing the owner of 3912 River
Avenue, to retain a stucco wall that encroaches 5'
into the 40th Street right -of -way constructed with
the recent redevelopment of the property )EP -94-
180); and 4) Deny the appeal of Vickie Prendergast,
the owner of 4000 River Avenue, to retain a brick
and wood fence that encroaches 5' into the 40th
street right -of -way constructed in excess of 10 years
ago.
Ann Santos, representing her Mother who resides at
3912 River Avenue, addressed the Council
regarding her appeal to retain the stucco wall
that encroaches 5' into the 40th Street right -of -way
constructed with the recent redevelopment of the
•
property. She stated she does not disagree that
the wall encroaches into the public sidewalk;
however, the street ends in her area are so heavily
planted it is impossible to get down to the Bay, with
the exception of her Mother's lot which is four to
five times larger than any other street end in the
area, and which is completely open with nothing
planted on it. She stated that the public is very
aware that they have access to the Bay from that
street end, which is not the case in many of the
other street end locations in the area.
Motion
x
Mayor Pro Tern Debay indicated this has been a
All Ayes
very difficult issue to deal with, that Ms. Santos has
made some good points, and that possibly the City
ought to do some trimming in the street ends in her
area. She stated that inasmuch as this
encroachment is not in compliance with Council
Policy, and because it could set a precedent, she
would move to approve the four recommendations
as set forth in the staff report.
32. Report from Assistant City Manager regarding
(6 8 )
•
VACANT BUILDING REPORT.
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Mon
x
Council Member Glover stated that she had
Vacant Bldg
requested staff report back on regulations that
Report
could be imposed on property owners of
commercial vacant parcels which would address
landscaping, broken glass, etc., and noted that
many of the unsightly properties are owned by
banks. She stated that at the time she brought this
up, Mayor Pro Tern Debay requested the staff
report also include vacant lots, and therefore, she
made a motion to direct staff to formulate an
ordinance creating standards for vacant,
unoccupied or abandoned buildings and lots.
Mr. Delino noted that with the exception of broken
glass, the City already has regulations on the books
to enforce what has been expressed. He also
stated it is very difficult to find someone who will
take responsibility when dealing with bank -owned
properties.
Council Member Glover stated it was her
assumption that no regulations were on the books
because nothing has ever been enforced in this
regard.
•
Mr. Delino stated this is one of the duties and
responsibilities he would hope the Business
Improvement Districts would also undertake as an
alternative to enforcement.
Council Member Edwards pointed out that the City
may have the necessary ordinances as referenced
by Mr. Delino, but there are only two Code
Enforcement Officers to handle the enforcement
of same.
The City Attorney noted that last year, the City
Council adopted property maintenance
amendments to the Public Nuisance Abatement
Ordinance which are suitable for enforcement of
the problems referenced by Council Member
Glover and Mayor Pro Tern Debay, with the
exception of the broken glass issue.
Following discussion, Council Member Glover
changed her motion to direct the staff to review the
existing regulations relative to enforcement of the
above - mentioned items, and If deemed
appropriate, to bring back an amendment to the
•
Public Nuisance Abatement Ordinance on August
28, 1995.
Mayor Hedges requested that staff also investigate
the unsightly area in front of the Stag Liquor Store,
125 McFadden Place.
All Ayes
The motion was voted on and carried.
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41. Report from Public Works Department regarding
NEWPORT COAST DRIVE - Recommending support
PW /Npt Coast
Drive Extnsn
for the extension of Newport Coast Drive and the
(7 4 )
position that Newport Beach will not participate in
the lawsuit challenging the tolls on the westerly
end of the transportation corridor, and authorize
the Mayor to send a letter to the City of Irvine
expressing the City's position concerning Newport
Coast Drive extension.
Council Member O'Neil outlined the history
connected with this particular issue noting, in part,
that this came up earlier in the year when the City
of Irvine amended their General Plan to include
the extension of Newport Coast Drive in their
Circulation Element which made the City of Irvine
General Plan consistent with the County of Orange
Master Plan of Arterial Highways. The County is
processing a design for the extension of this
roadway and he understands that half of the
funding is available for construction of the
roadway and the remaining one -half will hopefully
be forthcoming so that this extension will be
operational on or about the time the toll road
opens in the Spring of 1997. At the July 11, 1995
•
Irvine City Council meeting, there was an action to
reconsider the inclusion of the extension of
Newport Coast Drive in their General Plan and
there was some testimony given by someone who
clouded the issue as to whether or not the City of
Newport Beach City Council was in favor of this
extension. Thereafter, he and Mayor Pro Tern
Debay met with two members of the Irvine City
Council on July 21 to review this issue and to assure
the Irvine City Council of the fact that Newport
Beach City Council is very much in favor of the
extension, not only because it creates a toll booth
around Newport Coast Drive, but that it fulfills the
regional circulation system for that area. They
were told at that meeting that they would
appreciate receiving a letter from the City of
Newport Beach clarifying its position, and as a
result, a letter has been drafted for Council
approval which is included with the staff report
supporting the roadway extension.
Motion
x
In view of the foregoing remarks, motion was made
by Council Member O'Neil to support the extension
of Newport Coast Drive, and the position that
•
Newport Beach will not participate in the lawsuit
challenging the tolls on the westerly end of the
transportation corridor, and to authorize the Mayor
to send a letter to the City of Irvine expressing the
City's position concerning the Newport Coast Drive
extension.
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INE
Council Member Watt suggested a revision to the
Npt Coas
subject letter which the City Attorney read into the
Extnsn
record as follows:
(Second sentence, next to last paragraph) -
"While a majority of Newport Beach Council
Members oppose the imposition of a toll at
Newport Coast Drive, the City Council has
declined to participate in the lawsuit after
reviewing an analysis provided by the City
Attorney."
There were no objections to changing the letter as
stated in the foregoing.
Yvonne Houssels, President, Harbor View Hills South
Homeowners Association, addressed the Council
regarding the bypass the City Council is
supporting. She stated their association does not
feel the bypass is really viable, and that there
should be a parallel bypass. She stated the bypass
directly impacts residents in her homeowners
association who reside on San Joaquin Hills Road
and on Marguerite Avenue as well as property
owners in the Spyglass Hill Homeowners
Association. She also referenced an article in the
Orange County Register which stated that San
Joaquin Hills Road will serve as a new bypass to
Newport Coast Drive when the toll road opens.
She stated she feels "very deceived" as she was
assured this would not occur. She urged the
Council to reconsider its action on this item, and
that the City work with the City of Irvine in
developing an "honest" ao rallel route rather than
supporting the proposed extension.
Alan Remington, 1164 Boise Way, Costa Mesa,
addressed the Council and stated he uses
Newport Coast Drive frequently, and inasmuch as
the public has no access to the TCA, he felt it has
"fragmented all of the responses that the citizens
of each city have as to input or control over the
process." The Newport Coast Drive is already a
public road and he does not think it is
unreasonable for the TCA to build a toll road
without disturbing Newport Coast Drive.
George Gallagher, 67 Heritage, Irvine, addressed
the Council and stated that the Cities of Irvine and
Newport Beach are the only thing standing
between the County and the TCA wasting 17.5
million dollars of taxpayers' money to build a
bypass which should remain a free public road.
He discussed the County bankruptcy issue, and
indicated he felt it was up to the elected officials
at the local level to deal with the County on this
matter. He discussed the lawsuit concerning
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Newport Coast Drive, and asked the Council to
•
refrain from sending the subject letter to the City of
Irvine. He stated the City of Irvine does not want to
construct the bypass and does not want Newport
Coast Drive taken from them and a toll placed on
it. He urged the Council to not send the letter and
to reconsider supporting the lawsuit in some
manner.
Council Member Watt stated that by adding the
language to the letter as cited earlier by the City
Attorney, she felt it made it clear that practically
speaking, the City of Newport Beach would not like
there to be a toll on Newport Coast Drive.
All Ayes
The motion as made by Council Member O'Neil,
and amended by Council Member Watt, was voted
on and carried.
42. BUDGETAMENDMENT(S)
(40)
BA -002, $102,000 - Memorandum from Fire and
Marine Chief requesting provision for medical
supplies and medications to be recovered through
patient billings (previously provided by Hoag
Hospital); FIRE EMERGENCY MEDICAL SERVICE.
Council Member Glover stated she had met with
Fire and Marine Chief Tim Riley regarding
clarification of this issue, and as a result, she would
like to see the City make this service self - sufficient.
Fire and Marine Chief Riley discussed the meetings
he had with Council Member Glover regarding her
concerns over the collection vs. the non - collection
rates for this program. He stated that a 60%
collection ratio is the average for this type of
service due to the transient nature of the
population that is served, and the fact that there
are numerous people who access this type of
public service who have no means of support.
Their department will continue to use a more
aggressive collection type of approach in an
attempt to receive the largest amount of return.
They will also continue to study the emergency
medical services program to determine its true
cost, etc., with a view to making it more self -
supporting, and report back to the Council within
•
a few months in this regard. If the subject Budget
Amendment is not approved, then once the
existing budget is depleted for emergency medical
service supplies, they will no longer be able to
purchase supplies and the Paramedics would be
without same.
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Harry Merrill, 25 Montecito Drive, addressed the
•
Council and stated the requested Budget
Amendment is a result of action taken by the
Council in June of this year which established
charging for medical supplies to Paramedic users.
The program includes a 30% markup which is not
adequate to cover all costs inasmuch as only 60%
of the cost is recovered by non - subscribers. At this
time, the Council is being asked to establish a
budget for revenues based on unspecified
overcharges to Paramedic subscribers and other
paying users to cover uncollected charges from
some 40% non - subscriber users. The staff report
gives no range of the marked up cost to be levied
on paying customers. Prior to adopting the fees,
he felt there should be some public exposure of
these fees and he is sure that such information is
available from Hoag Hospital. He indicated the
City is losing money on the Paramedic program
and more expenses are being added. He noted
that $18,000 was spent this last year just to market
this program.
Dolores Otting, 17 Hillsborough Drive, addressed the
Council regarding the Paramedics program, and
•
stated that Medicare and Medical do not pay
100% for Paramedic service and she is hopeful that
this is an issue that will be addressed in the
forthcoming report from the Fire and Marine Chief.
Motion
x
Hearing no further comments, motion was made
BA -002
All Ayes
by Council Member Glover to approve BA -002 in
the amount of $102,000 as requested.
BA -005, $15,300 - Memorandum from General
Services Director requesting funding for an
efficiency study of the CITY FLEET MANAGEMENT
FUNCTION.
In response to questions raised by Council Member
Glover, the General Services Director explained
the need for an efficiency study of the City Fleet
Management Funclion noting that the firm of ETS
Consulting of Oak Harbor, Washington, has
performed this type of study for local governments
from Alaska to Oceanside, California. The
Efficiency Study will have three phases, 1) Interview
with the customers/users (Fire and Police
Departments, etc.), 2) Assessment of the
•
Operations and Cost Analysis, and 3) Presentation
of the Conclusion and Recommendation. He felt
that by doing the Efficiency Study first, which will
include a recommendation on privatization, they
can justify the rates that have risen the last two
years in the Internal Service Fund.
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Mo
x
Hearing no further comments, motion was made
BA -005
Ales
by Council Member Glover to approve BA -005 in
the amount of $15,300 as requested.
11. COUNTYWIDE INTEGRATED WASTE MANAGEMENT
GS /Countywide
PLAN (contd.(:
Integ Waste
Mgm Pln
The General Services Director stated that the
(4 4 )
subject plan is a three - volume plan which consists
of all the Recycling programs for all of the 31 cities
in the County, plus the unincorporated area, the
Household Hazardous Waste Element, and a Siting
Element of all the disposal facilities such as landfills
throughout the County. This plan will be submitted
to the State for approval, and the action
recommended to the Council at this time is the
adoption of a resolution endorsing the Countywide
Integrated Waste Management Plan.
Motion
x
Motion was made by Mayor Hedges to adopt
Res 95 -93
All Ayes
Resolution No. 95.98, as recommended.
PUBLIC HEARING(S)
43. Mayor Hedges opened the public hearing
4717 Hampden
•
regarding VACATION AND ABANDONMENT OF A
Rd /Cameo Shrs
PORTION OF HAMPDEN ROAD ADJACENT TO THE
Vac /Aband
PROPERTY LOCATED AT 4717 HAMPDEN ROAD IN
(9 0 )
CAMEO SHORES.
Report from Public Works Department.
The Public Works Director stated this is an item
which was initiated by the property owner who
lives at the very end of Hampden Road, and it is
requested the City abandon the portion of road
that is in front of his home so that he can utilize a
portion of the property and create a more normal
cul-de -sac. A public utility easement will be
retained for existing Edison, gas, water, sewer and
storm drain facilities located within the area to be
vacated. If the Council approves this request, he
would recommend that Condition No. 4 be
amended to substitute the word "review" for the
word "approved."
Following comments by Mayor Pro Tern Debay, the
public hearing was closed.
M
4Al
x
Motion was made by Council Member O'Neil to
Res 95 -94
yes
adopt Resolution No. 95 -94, ordering the vacation
and abandonment of a portion of Hampden Road
adjacent to 4717 Hampden retaining an easement for
public ufBily purposes where needed; and direct the
City Clerk to have the resolution recorded by the
Orange County Recorder when directed by the
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•
Public Works Department that the required Parcel
Map has been prepared and is ready to be
recorded, that construction plans for the
reconstruction of Hampden Road has been
completed and that an appropriate surety has been
provided guaranteeing completion of the required
public improvements; and that Condition #4 be
amended as recommended in the foregoing.
Robert Chickering, President, Cameo Community
Association, addressed the Council and stated he
only wanted to say that their Association is in
support of the subject request.
44. Mayor Hedges opened the public hearing
Ord 95 -30
regarding proposed ORDINANCE NO. 95 -30;
Zoning
(94)
AMENDING TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO OUTDOOR
DINING AND PARKING STANDARDS FOR
RESTAURANTS (PLANNING COMMISSION
PCA 824
AMENDMENT NO, 824).
Report from Planning Department.
Assistant City Manager Ken Delino stated this item
was initiated by the City Council and has been
under consideration since April. The Ordinance
was modified and introduced at the Council
meeting of July 10. The purpose of the Ordinance
is to allow the Planning Director to approve,
subject to call up by the Planning Commission and
City Council, up to 25 %, of the net public area of a
restaurant for outdoor dining, notwithstanding bulk
or parking requirements. The ordinance also
summarizes the restaurant parking standards into
one section of the Code.
The City Attorney rioted a typographical error in
Section 20.72.018 - Accessory Outdoor Dining, and
stated that it should read 1,000 square feet rather
than 500 square feet.
Marianne Zippe, 420 E. Bay Avenue, addressed the
Council in ooaosition to the proposed Ordinance,
indicating she felt the "public should be involved
in any decisions along these lines, and that the
power to make an approval or denial should not
•
rest with one person."
Mayor Hedges pointed out to Ms. Zippe that the
Ordinance does provide call up by the Planning
Commission or City Council for referral to the
Planning Commission within fourteen days.
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Marsha Dossey, President, Newport Pier
Zoning /Outdoo:
•
Association, addressed the Council in support of
Dining /Pkg St,
the proposed Ordinance, indicating it would add
viable income to their area and the City as well as
visibility. She also felt the Council should take into
consideration the older areas that do not have the
ability for new construction and allow them to
have an outdoor area.
Wayne Zippe, 420 E. Bay Avenue, addressed the
Council and stated his main objection to the
Ordinance is allowing the Planning Director to
approve or deny an application. He stated that
no single person should have that type of power.
Discussion ensued wherein Mr. Delino noted that
there are certain conditions that the Planning
Director must take into consideration prior to
approving an application, such as noise and its
proximity to residential areas. He also stated that
the Planning Director will have the same sensitivity
to the desires of the residents as the Planning
Commission.
In response to Council inquiry, Mr. Delino advised
•
that the proposed Ordinance does not require
notification to property owners within a 300 foot
radius.
The City Attorney reported that there is also a
provision in the Ordinance that gives the Planning
Director jurisdiction to impose additional conditions
over time if the specialty food business does not
conform to the conditions set forth in the Specialty
Food Ordinance.
Hearing no one else wishing to address the
Council, the public hearing was closed.
Council Member Watt reiterated her desire to give
notification to property owners within a 300 foot
radius of applications for outdoor dining, but
following discussion, Mayor Pro Tern Debay
requested that the Planning Department post the
property in question to which there were no
objections.
Mon
x
Motion was made by Council Member Glover to
J6
adopt Ordinance No. 95 -30 as presented.
Motion
x
An amendment to the above motion was made by
Council Member Edwards who recommended that
Paragraph D of Section 20.72.018 be revised to
read as follows:
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"An application to add outdoor dining may be
denied or approval of an application may be
revoked or modified by the Planning Director,
subject to call up by the Planning Commission or
City Council for referral to the Planning
Commission within fourteen (14) days upon a
finding of the failure to comply with the
conditions in this Section and all other
applicable conditions and regulations."
Council Member Glover indicated she was
opposed to including the above amendment in
her motion.
In response to Council inquiry, the City Attorney
stated that in his opinion, the Planning Commission
has the final authority with respect to the subject
Ordinance. The City Council can call up an
application, but only to refer it to the Planning
Commission, and that there would be no
continuing review beyond that.
Ayes
x
x
x
The amendment made by Council Member
Noes
x
x
x
x
Edwards was voted on and FAILED.
A
x
x
x
x
x
x
The motion made by Council Member Glover was
No
x
voted on and carried.
45. Mayor Hedges opened the public hearing on the
U/P 3557/
application of ROBERT H. LEE ASSOCIATES for USE
Trfc Stdy 105,
PERMIT NO. 3557 AND TRAFFIC STUDY NO. 105 on
4201 Birch St
property located at 4201 Birch Street - Request to
(88)
permit the establishment of an automobile storage
facility for Avis automobile rental fleet on properly
located in the M -1 -A District. The proposal includes
washing, vacuuming and fueling services of the
automobiles; and the approval of a traffic study for
the proposed development. Also included in the
application is a modification to the Zoning Code to
allow a 6 foot high concrete block wall to encroach
5 feet into the required 15 foot street side setback
along Dove Street;
AND
USE PERMIT NO. 3558, on property located at 848 8
U/P 3558
888 Dove Street - Request to permit the
848/888 Dove
establishment of administrative and clerical offices
St (88 )
and automobile maintenance facilities for Avis
automobile rental fleet on property located in the
Newport Place Planned Community.
Report from Planning Department.
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Mr. Delino referenced the Site Map depicting the
/P 3557/3558
•
location of the two proposed uses, and stated the
Planning Commission reviewed these two
applications in tandem. He noted that an
emergency ordinance has also been prepared for
Council consideration which would adopt a
moratorium on the establishment of certain auto
service facilities within certain zoning and planned
community districts. The two applications in
question were approved by the Planning
Commission, but called up by the City Council.
The Birch Street project includes the demolition of
an existing office building (approximately 23,500
square feet) to establish a quick turnaround facility
for a 265 car rental fleet which will be shuttled to
and from John Wayne Airport. The Dove Street
project is a reuse of an unoccupied site of a former
new car dealership for a major vehicle
maintenance facility. These two projects together
will support Avis Rental Car counter and services
located at John Wayne Airport. Currently, Avis
provides these services from a location in Santa
Ana along the 55 Freeway. Relocation of these
facilities nearer to the airport will substantially
reduce operating costs for Avis. He discussed the
•
arguments supporting approval as well as the
arguments for denial as enumerated in the staff
report.
Mr. Delino stated that if the above applications are
approved, he would recommend that the Council
approve the following additional Finding and
Condition as set forth in Exhibit A:
Finding - "That the proposed project(s) will tend
to decrease the property and sales taxes which
accrue to the City."
Condition - "The applicant shall work with the
Revenue Division of the City and provide best
efforts to establish Newport Beach as a point of
sale for the purpose of accruing sales tax
associated with car rentals."
Mayor Pro Tern Debay reported that she had
viewed the projects in question, and that the
applicant has dutifully pursued the entitlements for
the intended uses. In response to her question
•
regarding the need for landscaping in front of the
two sites, Mr. Delino advised that conditions have
been imposed so that both developments satisfy
this concern.
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Council Member Glover stated the reason she
/P 3557/3558
called these two projects up for public hearing was
to review the area inasmuch as a number of
properties have changed hands over the years.
She stated she has visited the area and has had
discussions with representatives of Avis as well as
the Finance Department, and as a result, feels
these two projects are not only good uses, but
could generate some income for the City.
Therefore, she moved to sustain the decision of
the Planning Commission and approve Use Permit
No. 3557, Traffic Study No. 105 and Use Permit No.
3558, including the added Condition and Finding
described in Exhibit A of the staff report.
Gary Semling, Architect with Robert H. Lee &
Associates, representing the applicant, addressed
the Council and stated they have been working
with the Planning and Traffic Engineering
Departments on their projects, and feel they have
taken into consideration all concerns, including
the issue expressed by Mayor Pro Tern Debay
regarding landscaping in front of their
developments. There will also not be any signage
on the Birch Street site and very minimal signage at
•
the Dove Street location. They feel their projects
will be beneficial to the City as well as John Wayne
Airport and urged approval.
Dolores Citing, 17 Hillsborough Drive, addressed
the Council and indicated the City should try and
work with the County Board of Supervisors to
discuss a fee being paid to the City of Newport
Beach for car rentals since the City of Brea has
negotiated a fee on the imported trash that will be
put into the Brea landfill. She noted that the City
of Newport Beach does not receive any revenue
from car rental transactions conducted at John
Wayne Airport.
Barry West, owner of property adjacent to Avis on
Birch Street, addressed the Council and stated that
he had only one concern with the proposed
development, and that is the 12,000 gallon
underground gasoline storage tank which is about
50 feet from his building. Also, behind his property
is National Car Rental and they, too, have a 12,000
gallon underground gasoline storage tank. He
stated his concern is that there is the potential of
•
an "accident waiting to happen." He also has an
egress easement over the Avis property which he
purchased at the same time he bought his
property from The Irvine Company.
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The Public Works Director advised that he talked
U/P 3557/3558
•
with Mr. West during the Council recess, and that
the City's subdivision engineer as well as the Fire
Marshal will meet with Mr. West regarding his
concerns, and make modifications as necessary.
There being no others wishing to address the
Council, the public hearing was closed.
All Ayes
The motion made earlier by Council Member
Glover was voted on and carried.
There being no objections, the staff was directed
to undertake a "quick fix" on the Zoning
Ordinance clarifying the language as to uses that
are ancillary to or supportive of the primary uses
for this area, and return to the City Council in
approximately 60 days.
Motion
x
In the interim, Mayor Hedges moved to adopt an
Emergency Ordinance ADOPTING A
MORATORIUM ON THE ISSUANCE OF PERMITS FOR
ESTABLISHMENT OR EXPANSION OF CERTAIN AUTO
SERVICE FACILITIES WITHIN CERTAIN ZONING AND
PLANNED COMMUNITY DISTRICTS (Report from the
•
Assistant City Manager).
Council Member Cox spoke in opposition to the
moratorium, indicating the Council does not know
what the impact will be once this action has been
taken, nor does it know how many applications of
this nature are in the process, and until the City has
a better handle on this issue, he does not think
enacting the proposed moratorium is the answer.
Council Member O'Neil pointed out that if the
Emergency Ordinance is adopted, it is only in
effect for 45 days, and therefore, he does not see
the need for it until further information is brought
back to the Council.
Ayes
x
x
The motion made by Mayor Hedges was voted on
Noes
x
x
x
x
x
and FAILED.
Motion
x
At the recommendation of the City Attorney,
Res 95 -95
motion was made by Council Member Glover to
adopt Resolution No. 95 -95, declaring Intention to
initiate amendments to the Newport Place Planned
•
Community Text.
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Council Member Edwards indicated his
•
concurrence with the remarks made by Council
Member Cox, and offered an amendment to the
above motion, requesting that when the subject
Ordinance is brought back to Council, the staff
report include not only some background
Information, but an overview of the problem, to
which there were no objections.
All Ayes
The motion, as amended, was voted on and
carried.
46. Mayor Hedges opened the public hearing on the
Variance 1202
APPEAL BY WILLIAM N. SMIRL regarding application
319 Carnation
of Robert Losey for VARIANCE NO. 1202, on property
(91)
located at 319 Carnation Avenue - Request to permit
the construction of a single family dwelling on
property located in the MFR (2178) District which
exceeds the allowable 1.5 times the buildable area
of the site. The proposed development provides
the required amount of open space, but the
location of the open space does not meet
Ordinance requirements. The proposal also
includes a modification to the Zoning Code so as
•
to allow the proposed structure to encroach 10
feet into the required 10 foot front yard setback
adjacent to the abandoned Carnation Avenue
right -of way as established by Districting Map No.
17, and to encroach 6 feet into the required 10
foot rear yard setbacks. Said construction also
proposes to extend beyond the original lot line
adjacent to the vacated portion of Carnation
Avenue, so as to encroach up to 12 feet with
portions of the revised construction and an
additional 16 inches± with a roof overhang, and
three retaining walls which encroach 3 to 12 feet
into said abandoned right -of -way. The application
also includes a modification to permit an entry
stairway which will also extend 10 feet beyond the
original lot line adjacent to the vacated portion of
Carnation Avenue and will measure 4 feet above
natural grade where the Zoning Code limits such
construction to a maximum height of 3 feet.
Report from Planning Department.
Appeal Application of William N. Smiri.
Letter from Bertram and Edna Rowe objecting to
•
obstruction of views, both public and private, by
the proposed variance.
Letter from Law Offices of Joe DiPaola, Esq.,
representing appellant William N. Smiri.
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Mr. Delino explained the graphics on display which
Variance 1202
•
depicted the subject property as well as
surrounding parcels; outlined the key issues and
what was approved by the Planning Commission
(referenced in orange in the graphics).
The staff answered questions posed by Council,
following which, Robert Losey, Applicant, 424
Goldenrod Avenue, addressed the Council in
support of his application pointing out the
following: The property at 319 Carnation Avenue is
the ideal properly for which a variance is
intended; three conditions must exist for a variance
to be granted, i.e., 1) that there are exceptional
circumstances applying to the land which do not
generally apply to land in the same district, 2) that
the granting of the application preserves
substantial property rights of the applicant, and 3)
the granting of such an application will not be
materially detrimental to the public welfare or
injurious to property improvements in the
neighborhood; this particular lot has unique
hardships, i.e., its unusual shape, steep slope, a
sewer easement and an abandoned easement,
because of the sewer easement and abandoned
•
easement, staff has interpreted this lot to have two
front and rear yards which interpretation restricts a
5,560 square foot lot to a structure with a footprint
of 1,140 square feet, permitting a house of only
1,710 square feet; in contrast, the typical Corona
del Mar lot has 3,540 square feet, allowing for a
footprint of 2,376 square feet; granting this
variance is necessary to preserve substantial
property rights because it allows a reasonable
home of 3,930 square feet with less than 37% of lot
coverage; the Planning Commission has reviewed
this variance twice before and has found no
substantial evidence that there is anything
materially detrimental to the public welfare or
injurious to property improvements in the
neighborhood; further, the Planning Commission
has found no private views lost as a result of this
variance, in fact, the impact on private views is less
than what would occur if he were to build as
permitted by Code; he has met with his neighbors
with respect to private views, and based upon
their input and suggestions from the Planning
Commission, he has made a number of
•
modifications to the plans to satisfy their concerns,
such as lowering his roof line to guarantee Mr.
Billings a bay view from his second floor, he also
moved the garage back to mitigate its impact on
Mr. Phelan's front entry, and he moved the
bayside balcony back so that no aspect of the
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requested variance would impact private views;
Variance 1202
•
the subject structure is smaller than adjoining
buildings and when compared to a typical single -
family home, his structure has a smaller footprint
and less coverage; he urged the Council to
uphold the decision of the Planning Commission
and grant his request.
The following persons addressed the Council in
opposition to the requested Variance:
Joe DiPaola, Attorney representing William Smirl,
Appellant
Tom Phillips, 315 Carnation Avenue
John Garrett, 313 Carnation Avenue
Bill Phalen, 317 Carnation Avenue
Ross Billings, 314 Carnation Avenue
Be La Force, 311 Carnation Avenue
Bertram Rowe, 407 -B Fernleaf Avenue
Ralph Umbriaco, 405 -1/2 Fernleaf Avenue
Clare Taber, 309 Carnation Avenue
Rick Duggan, 57 Clermont Avenue
Some of the concerns expressed by the above
speakers were as follows: The proposed structure
•
will impact public and private views; self- induced
hardship is not grounds for the Council to grant the
Variance: the average home in the area is 2,000
sq. ft., whereas the proposed structure is 3.930 sq.
ft.; the applicant is "over- developing" his property;
the Planning Commission had no legal basis to
approve the subject Variance because of the
property rights it will be taking from all the other
neighbors surrounding Mr. Losey's proposed
structure; the Planning Department ignored factual
data which would have forced the Planning
Commission to deny the Variance; the placement
of the Storey poles was inaccurate unlike what the
Applicant represents, and therefore, is misleading;
if the Variance is approved, the City will be faced
with a "monstrous eyesore;" the proposal violates
City Code regulations in at least 8 to 10 areas; the
Variance will have a materially adverse affect on
property values in the area; the Variance is
excessive as well as unnecessary: the zero setback
on the Carnation Avenue right -of -way is in
violation of setbacks required of other properties
•
on Carnation Avenue: the right -of -way view of
Begonia Park is a valuable neighborhood asset,
and is used both as a public and private
viewplace; parking is already a problem in the
area, and the proposed structure is only providing
a two -car garage for a home with several
bedrooms; in closing, it was urged that the
Variance be denied or referred back to the
Planning Commission for a compromise.
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Buzz Person, Attorney for the Applicant, Robert
Variance 1202
•
Losey, addressed the Council in support of the
Variance stating that the homes from 311 through
317 Carnation Avenue are in a 9,200 square foot
building which contains four residences, and the
building immediately to the south of that structure
has 7,000 square feet. The particular lot in question
is 5,500 square feet, and is the "perfect" type of
application that warrants the granting of a
Variance, and is the reason the Planning
Commission granted approval.
Hearing no others wishing to address the Council,
the public hearing was closed.
Motion
x
Council Member O'Neil stated he has visited the
subject property, and offered the following; he
agrees that the property is unique and there are
exceptional circumstances to take into
consideration; he has attempted to look at
preserving substantial property rights vs. material
and injurious impacts on surrounding properties,
and in so doing, he found that this Variance was
granted approximately three years ago by the
Planning Commission and that a new City Council
•
after five public hearings also granted this
Variance with the necessary findings required by
the Municipal Code, all of which information has
been duplicated and provided to the current City
Council; inasmuch as the Applicant has made
some effort to modify the project to be less
impacting upon the neighbors, and there is no
compelling new evidence offered at this meeting
that would persuade him to not uphold the
decision of the Planning Commission; he,
therefore, moved to sustain the decision of the
Planning Commission and grant Variance No. 1202,
based on the Findings and Conditions for Approval
designated as Exhibit "A" in the staff report.
Council Member Watt indicated she agreed that
there are exceptional circumstances involved with
this particular piece of property; however, she
does not feel the granting of the application is
necessary for the preservation and enjoyment of
substantial property rights of the applicant, but
does feel the granting of the Variance will be
materially detrimental to the public welfare and
surrounding property. She is also concerned about
•
preserving the view from Begonia Park, as well as
the height toward the rear of the subject property
and its affect on the neighbor, and therefore, she
will not be supporting the motion.
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Regarding the stability of the slope, the City
Attorney stated that the City would not be liable
for any damage caused by the issuance or the
failure to issue any building permit or the granting
of this Variance.
ayes
x
x
x
x
x
x
Following discussion, the motion was voted on and
does
x
carried.
47. Mayor Hedges opened the continued public
/P 1956(A)
hearing concerning USE PERMIT NO.
hunderbird
1956(AMENDED) FOR THE THUNDERBIRD CLUB at
lub
3505 Via Oporto, to determine whether or not to
(8 8 )
rescind the revocation of subject use permit.
Report from City Attorney.
Council Member O'Neil recused himself for the
reasons stated at the July 10, 1995 City Council
meeting, and to avoid any appearance of bias.
Mayor Pro Tern Debay stated she was absent from
the July 10, 1995 Council meeting, but has reviewed
the video and minutes from the meeting, and
therefore, will participate in these proceedings.
The City Clerk advised that after the agenda was
printed, a letter was received from Fritz Duda, on
behalf of the merchants at Via Lido Plaza, urging
the City Council revoke the subject Use Permit with
respect to the operation of the Thunderbird
Nightclub in Lido Marina Village for the reasons
stated in the letter.
The City Attorney referenced a letter he had
received this date from Michael Montgomery,
Attorney representing the Thunderbird Club,
requesting this hearing be continued to September
11, 1995. He stated the Thunderbird has also
agreed to the Council appointing a hearing officer
to conduct the remainder of this hearing, and to
submit a transcript to the City Council. The
Thunderbird will also be submitting modifications to
the conditions imposed by the City Council back
in June 1994, and modifications to their ongoing or
existing characteristics which might resolve some of
the problems the City is experiencing with the
Thunderbird.
•
Council Member Clover stated that inasmuch as
this issue came before the Council in June of this
year, she is very hopeful it can be wrapped up by
September 11 in that she felt the City owes it to the
community to come to some kind of decision.
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Dave Adss, co -owner of the Thunderbird Club,
Thunderbird
•
addressed the Council and stated they anticipate
Club
adjusting their hours to include lunch and dinner
trade and would like to have a patio set up
outside by the fountain at the entrance of their
building to expand restaurant operations, in
addition to revising their parking plan. He stated it
is their intention to submit both plans by August 28,
1995 to City staff. They also concur in the
recommendation of taking public testimony
before a hearing officer by September 11, and to
submitting the transcript of that hearing to the City
Council by September 25, 1995.
Roya Fouladi (no address given) stated she lives
directly across Newport Boulevard from the
Thunderbird and from her bedroom window and
front deck she has an unobstructed view of the
establishment. She urged the Council to not defer
action on this matter any longer, citing noise as a
serious issue not only from individuals, but also from
automobiles and motorcycles.
Motion
X
Following discussion, motion was made by Mayor
Hedges to continue this public hearing to
•
September 25, 1995, to appoint a hearing officer
who will take testimony prior to September 11,
1995, and present a transcript of that testimony to
the Council on September 25, 1995, and further,
that the Thunderbird Club be required to submit
their revised plans by August 28, 1995, and that
said plans reflect that the applicant will operate in
conformance with the existing Use Permit.
As an aside, Mayor Hedges indicated that, in his
opinion, the Thunderbird Club may be "pushing it"
if they wish to expand their operation as
mentioned in the foregoing.
Ayes
x
x
x
x
x
The motion was voted on and carried.
Noes
x
Abstained
X
PUBLIC COMMENTS
Mary G. Vaught, 306 Columbia Avenue, addressed
the Council and stated she is an art student,
amateur photographer, painter and gardener,
•
and is concerned about the 14 trees planted in
front of and along the side of the recently painted
Balboa mural. She stated she submitted
photographs to Mayor Pro Tern Debay depicting
how the trees block 30% of the mural, and will even
block it more when fully grown. She pointed out
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that the trees and landscaping cost $11,000, plus
•
the cost to maintain. She indicated she wished the
trees had never been planted. She also stated
that the artist who painted the mural was never
told that trees were going to be planted in front of
the exhibit.
Mayor Hedges suggested Ms. Vaught contact the
Balboa Merchants and Owners Association who
have overseen this project from the beginning.
ORDINANCE(Sl FOR ADOPTION
48. Proposed ORDINANCE NO. 95 -29;
Ord 95--29
Muni Code
REPEALING OBSOLETE, OR PREEMPTED CHAPTERS
Revisions
OF THE NEWPORT BEACH MUNICIPAL CODE AND
(53)
PORTIONS THEREOF, AND AMENDING PORTIONS
OF CHAPTERS 1.20, 3.22, 5.04, 5.12, 5.20, 12.46,
13.01, 15.32, 15.45, AND 19.12 FOR THE PURPOSES
OF MAKING THE CODE INTERNALLY CONSISTENT
AND CONSISTENT WITH STATE LAW.
Recycled report dated July 6, 1995 from Assistant
An
City Attorney.
x
Motion was made by Council Member Cox to
All Ayes
adopt Ordinance No. 95 -29.
CONTINUED BUSINESS
49. Appointments to the ECONOMIC DEVELOPMENT
Economic
COMMITTEE.
Develop Cmte
Motion
x
Motion was made to defer to August 28, 1995
All Ayes
appointment of Planning Commission
Representative replacing Mitchell Brown; and At
large member replacing Edward Selich.
CURRENT BUSINESS
50. Communication from LEAGUE OF CALIFORNIA
League of CA
CITIES - LEAGUE ANNUAL CONFERENCE - OCTOBER
Cities /Votinc
22 - 24, 1995 IN SAN FRANCISCO.
Delegate (61)
Motion
x
Motion was made to designate Mayor Hedges, as
All Ayes
the City's Voting Delegate for the League Annual
Conference; and Mayor Pro Tern Debay as
Alternate.
•
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•
Mayor Hedges adjourned the meeting at 10:35 p.m., in
memory of Jerry Garcia, lead singer and guitarist for the
Grateful Dead, and Mickey Mantle, former New York
Yankee Baseball Player.
The agenda for this meeting was posted on August 9, 1995,
at 1:40 p.m., on the City Hall Bulletin Board located outside
of the City of Newport Beach Administration Building.
AJA
Mayor
ATTEST:
V P, '-
v r7
City Clerk
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