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HomeMy WebLinkAbout04/22/2003 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 22, 2003 - 7:00 p.m. STUDY SESSION - 4:00 p.m. INDEX CLOSED SESSION - 5:55 p.m. A. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Absent: None C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member Nichols. E. INVOCATION - Rabbi Richard Steinberg, Shir Ha- Ma'alot Temple. F. PRESENTATIONS Arbor Day Proclamation. Mayor Bromberg announced that the Arbor Day Proclamation would be presented on April 30, 2003, by Mayor Pro Tem Ridgeway at 10:30 a.m. at Grant Howald Park. Proclamation recognizing the life- saving efforts of General Services employee Chris Auger. Mayor Bromberg presented the proclamation to Mr. Auger, recognizing his heroism and selfless courage in saving the life of a swimmer on April 2, 2003. Mayor Bromberg also acknowledged Mr. Auger for his service in the U. S. Marine Corps. Fire Chief Riley expressed his gratitude to Mr. Auger and proclaimed him an honorary lifeguard. Tree City USA Presentation by John Melvin, Regional Field Specialist, California Department of Forestry (CDF). Mr. Melvin outlined the requirements necessary to receive the Tree City USA and the Tree City USA Growth awards. He stated that both awards were earned by the City of Newport Beach in 2002, showing that the City takes an interest in its trees and strives to improve its programs. He presented the awards to Mayor Bromberg. City Manager Bludau acknowledged Urban Forester Conway. Mayor Bromberg also acknowledged Park & Tree Superintendent Lomeli. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL Volume 56 - Page 99 City of Newport Beach City Council Minutes April 22, 2003 INDEX MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- DISCUSSION ITEMI: Mayor Pro Tern Ridgeway requested that Planning Department staff review the City's current condominium conversion law in regard to parking standards. • Council Member Adams requested that a report be presented to the City Council on the legality of car washing in the City. He explained that a mobile car washing service was recently fined by the City for washing a vehicle in front of a customer's home. He added that the service had a City business license for car washing. Mayor Pro Tem Ridgeway confirmed that the National Pollutant Discharge Elimination System (NPDES) permit issued by the Regional Water Quality Board allows a vehicle owner to wash his own vehicle, but if someone is hired to do the washing, the water must be dammed, collected and removed from the site. Council Member Adams stated that he wanted clarification on when someone was considered as being hired, referring to neighborhood children who may earn money by washing vehicles. He also expressed his concern for the City issuing business licenses to car washing services without the businesses being aware of the regulations. Mayor Bromberg thanked Council Member Adams for raising the issue and stated that the Coastal/Bay Water Quality Citizens Advisory Committee wants to be aggressive on education. He suggested that Assistant City Manager Kiff make a presentation at a future City Council meeting. City Manager Bludau added that the Study Session on May 13, 2003, would also include a discussion on the water quality enforcement component of the 2003 -2004 fiscal year budget. • Mayor Bromberg announced that the American Cancer Society Relay for Life would be taking place on May 2 and 3, 2003, at Newport Harbor High School. He stated that there are forty teams signed up so far, and encouraged anyone to participate. Mayor Bromberg stated that April 28, 2003, at 6:30 p.m. will be "Bank Night ", when the teams turn in the money raised and select their campsites. He noted that City Manager Bludau and Pat Smith are the co- chairs of this year's event. • Mayor Bromberg congratulated the Police Department for their participation in the Baker to Vegas run. He announced that the team took first place in their division and third place, overall. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading Volume 56 - Page 100 City of Newport Beach City Council Minutes April 22, 2003 INDEX in full of all ordinances and resolutions under consideration, and direct. City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Item removed from the Consent Calendar by Council Member Nichols. CONTRACTS AND AGREEMENTS 4. Item removed from the Consent Calendar by a member of the audience. 5. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES C -3412 AGREEMENT WITH TERATEST LABS, INC. FOR PIPELINE Pipeline INSPECTION SERVICES. Approve Amendment No. 1 to Teratest Inspection Labs, Inc., for additional inspection and material testing services for the Servicesf"later 24 -inch Jamboree Road Water Transmission Main Replacement Project Transmission and authorize the Mayor and City Clerk to execute the Amendment for a Main not -to- exceed fee of $14,675. Replacement (38) Motion by Mayor Pro Tern RidgeWAy to approve the Consent Calendar, except for those items removed (1, 3 and 4). The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 8, 2003. Jim Hildreth referred to Volume 56, Page 81 of the regular meeting minutes of April 8, 2003, and stated that he never said his statements were made in jest. He stated that there are other discrepancies, but they're minor. Motion by Mayor Pro Tern Ridgeway to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 3. ORDINANCE ESTABLISHING SAFETY ENHANCEMENT ZONES, Ord 2003 -5 Volume 56 - Page 101 City of Newport Beach City Council Minutes April 22, 2003 DESIGNATING A PORTION OF AN AREA IN WEST NEWPORT BEACH AS A SAFETY ENHANCEMENT ZONE DURING JULY FOURTH AND AMENDING CERTAIN SECTIONS IN CHAPTERS 1.04, 1.05, 5.11, 5.95 AND 10.58 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCREASE FINES AND PENALTIES FOR MUNICIPAL CODE VIOLATIONS, PROHIBIT THE DELIVERY OF ALCOHOL TO ALCOHOL BEVERAGE OUTLETS, INCREASE THE RESPONSIBILITIES OF THE OWNERS OF SHORT TERM LODGINGS AND REQUIRE IMMEDIATE TERMINATION OF CERTAIN ACTIVITIES UPON REQUEST OF A PEACE OFFICER IN AN AREA DESIGNATED AS A SAFETY ENHANCEMENT ZONE AND DURING THE TIME THE DESIGNATION IS EFFECTIVE. Council Member Nichols asked if property owners are fined even if they aren't on site at the time of the violation. Assistant City Attorney Clauson stated that the provisions for both the short -term rental and the large party ordinances are already in place, and that the changes only deal with the safety enhancement zones and the activities on the 4th of July by doubling existing fines. She added that the short -term rental agreement and the large party ordinances do hold the owner responsible under certain circumstances. Council Member Nichols asked if short - term rentals include motels. Assistant City Attorney Clauson stated that the Newport Beach Municipal Code specifically addresses homes that are turned into short -term rentals. Council Member Nichols stated that he doesn't understand how the fine is handled, but he doesn't want to change current procedures either. Council Member Proctor stated that outreach was done and numerous meetings were conducted in developing the recommendations for the West Newport area on the 4th of July. He stated that short -term rentals are one of the major problems in the area and the fines have been miniscule. He stated that the recommendation is to increase those fines. He added that the property owner should be obligated to control the activities of their occupants. Mayor Pro Tern Ridgeway suggested that Council Member Nichols review the short -term rental ordinance. He noted that a special permit is required for property owners who have continual turnover in their rental unit. Motion by Mayor Pro Tern Ridgeway to introduce Ordinance No. 2003 -5 and pass to second reading on May 13, 2003. Brian Clarkson, FreeNewport.com, stated that the City Council has distorted the truth and provided misinformation. He explained that the City already has the power to disperse large gatherings, is exaggerating the problem on the 4th of July, is doing nothing to curb traffic and congestion, and is possibly acting unconstitutionally by banning alcohol deliveries and storage. He stated that the proposed action is another campaign against the residents of West Newport and that the disregard for civil rights to further the City Council's agenda is comparable to the actions of Saddam Hussein. He requested that the City Council vote against the proposed ordinance. Volume 56 - Page 102 INDEX July 4ffi Safety Enhancement Zone West Newport (70) City of Newport Beach City Council Minutes April 22, 2003 Council Member Adams stated that comparing the City Council to Saddam Hussein is irresponsible, immature, ridiculous and disrespectful. Weston Kruger stated that he lives in the West Newport area and is constantly harassed by the police, which will only be worsened by the proposed action. He expressed his support for FreeNewport.com and not discouraging people from visiting the area on the 4th of July. Jim Hildreth stated that the City already has a noise ordinance and it should suffice for the activities that occur on the 4th of July. He stated that Newport Beach is a beach community and people should be allowed to enjoy the beach. Mayor Pro Tern Ridgeway pointed out that Mr. Clarkson did not attend the meetings in West Newport that took place to discuss the issues. He also noted that the City can't disburse a large crowd unless the legal criteria for unlawful assembly are met. Lastly, he referred to the staff report and the history of citations and arrests in West Newport since 1998. The total number of arrests on the 40, of July in 2002 was 162, the total number of citations was 1,344 and there were 35 disturbance advisements issued. Mayor Pro Tern Ridgeway stated that these numbers show that the West Newport area is a problem. City Manager Bludau showed a brief video that depicted the activities that take place in the West Newport area on the 4th of July. Mayor Pro Tem Ridgeway noted the amount of activity and drinking that takes place during the day, and the further deterioration of behavior at night. He stated that of the 162 arrests that took place in 2002, 14 were for felony violations and 148 were for misdemeanor violations. Mayor Bromberg stated that the video was a portion of a longer tape and the incidents shown are not isolated. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 4. JAMBOREE ROAD STREET REHABILITATION- AWARD OF CONTRACT (C- 3525). Dolores Otting stated that All American Asphalt also did the work on San Miguel Road and that there was a problem with the paving. She noted that over $500,000 was spent on the inferior work. She added that the City of Laguna Beach has also had a problem with the work done by All American Asphalt and a similar problem occurred in Mission Viejo. Ms. Otting expressed her understanding that the contract has to be awarded to the low bidder, but requested that the City make sure that Volume 56 - Page 103 INDEX C -3525 Jamboree Road Street Rehabilitation (38) City of Newport Beach City Council Minutes April 22, 2003 the work is done properly. INDEX Mayor Pro Tem Ridgeway stated that the bidders must bid on the plans and specifications of the project. He requested that the Public Works Department makes sure that the plans and specifications are complied with by All American Asphalt. Mayor Bromberg stated the Public Works Department does a good job of keeping an eye on the projects that are performed in the City. Council Member Heffernan stated that the variance in the elevation of the paving on San Miguel Road was due to a variance in the curb height. He stated that it was decided not to replace the curb, but there is curbing that will be replaced for the Jamboree Road project. He stated that this should eliminate the paving problem. Jim Hildreth stated that the low bidder was also chosen for the work done on the alleys on Little Balboa Island and that the work was done improperly. He stated that the low bidder should not always be awarded the project, and City inspectors should make sure that all work is done properly. Motion by Mayor Pro Tern Ridgeway to approve the plans and specifications; affirm Categorical Exemption for the work; award the contract (C -3525) to All American Asphalt for the total bid price of $664,013, and authorize the Mayor and the City Clerk to execute the contract; and establish an amount of $66,000 to cover the cost of unforeseen work. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None K. PUBLIC COMMENTS Jim Hildreth stated that he has asked the City for documents, but has only received billings and has been told by the City Manager that there are no additional billing records in the City's possession. Mr. Hildreth stated that the locations in the Grand Canal in 1932 were designated as moorings, but the City has changed these to pier moorings. He stated that the City is supposed to keep the records of the pier permits for the Grand Canal and he asked to receive these documents. Mr. Hildreth noted that the pier permits are now on the City's municipal services statements. He stated that this is an obscure location and means that there is no reason for the harbor resources division to exist anymore. He stated that the division should be replaced with a division that can make money and maintain records. • Linda Grant, Balboa Arbor Society, thanked the City Council and the Volume 56 - Page 104 City of Newport Beach City Council Minutes April 22, 2003 City Manager for the work done on the trees and congratulated the City on the Tree City USA award. She stated that the award is well deserved and acknowledged Urban Forester Conway and General Services Director Niederhaus. Ms. Grant stated that the new committee formed by the Parks, Beaches & Recreation Commission is doing a good job. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Status report - Local Coastal Program Certification Committee. Mayor Pro Tem Ridgeway reported that the committee has not met since the previous City Council meeting. Assistant City Manager Wood confirmed that the draft plan is being duplicated and should be available soon. Status report - Ad Hoc General Plan Update Committee (GPUC). Assistant City Manager Wood stated that the committee met on April 14, 2003, and received a report on the results of the traffic impact model. Status report - Newport Coast Advisory Committee. Council Member Heffernan stated that the next meeting is scheduled for May 7, 2003, when the committee is expected to finish the amendment to the annexation agreement. He confirmed with Public Works Director Badum that the traffic signal on Newport Coast Drive, adjacent to Sage Hill School, became operational earlier in the day. Council Member Heffernan stated that the committee will also begin discussing the possibility of a community center in the Newport Coast area. Status report - Mariners Joint Use Library Ad Hoc Steering Committee. Council Member Webb reported that the committee met on April 8, 2003, and received an update on the design process. He stated that reports were also presented by the two working groups, and a site plan was selected for the reuse of the park area. He announced that the next meeting is scheduled for May 14, 2003. Councilmanic Redistricting Committee. Mayor Bromberg reported that the committee should be prepared to present their report at the City Council meeting on May 13, 2003. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 6. PLANNING COMMISSION AGENDA FOR APRIL 17, 2003. Planning Director Temple stated that there were three items on the Planning Commission agenda. The first item was for a use permit for the Balboa Bay Club, pursuant to the City's alcoholic beverage outlet ordinance. She stated that the Planning Commission approved the change of their alcoholic beverage license from a private license to a public license. Planning Director Temple stated that a minor adjustment to Title 20 of the Newport Beach Municipal Code related to the storage of alcoholic beverages was recommended for approval and will be considered by the City Council at a future meeting. The third item was the consideration of a modification permit and a tentative tract map for a townhome project on West 15th Street. She stated that a number of issues related to the design of the project were raised and the matter was continued to the Planning Commission meeting of June 5, 2003. Volume 56 - Page 105 INDEX Planning Commission (68) City of Newport Beach City Council Minutes April 22, 2003 N. PUBLIC HEARINGS 7. CODE AMENDMENT NO. 2003 -001 - APPROVAL AUTHORITY FOR GRANNY UNITS (PA2003 -054). Mayor Bromberg opened the public hearing. Hearing no testimony, Mayor Bromberg closed the public hearing Motion by Mayor Pro Tem Ridaeway to introduce Ordinance No. 2003 -6 approving Code Amendment No. 2003 -001, and pass to second reading on May 13, 2003. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None 8. THAI DEL MAR RESTAURANT (PA2003 -002) - 2754 EAST COAST HIGHWAY. Planning Director Temple stated that the item was called up by Council Member Nichols at the City Council meeting of April 8, 2003. She stated that the request is for a use permit to convert the use of an existing eating and drinking establishment from a takeout service to a dine -in establishment. She stated that the character of the business changed over a period of time and fell out of compliance with the use permit. When the noncompliance was discovered, the applicant came forward with a request to revise the use permit. Planning Director Temple stated that the principal item of discussion at the Planning Commission level was the restroom on the property and if it could be deemed publicly accessible. It was decided that the requirements could be met, and the use permit was approved. Council Member Nichols stated that Thai Del Mar is a small restaurant and appears to be well run. He stated that his concern is that the initial building was divided into three businesses and that Thai Del Mar doesn't have a legal way to receive its deliveries. He stated that it's an example of the type of situation occurring in Corona del Mar, because restaurants are allowed in commercial districts without meeting various requirements for trash collection, deliveries and parking. He stated that it's creating a traffic problem in the area, and could cause a problem with the general plan and other businesses wanting to be in the area. Council Member Nichols stated that the use permit should be conditioned to disallow a new occupant from continuing to operate in the same manner. Council Member Webb asked if the parking requirements are more or less for dine -in than takeout. Planning Director Temple stated that the parking requirement for takeout is 1 space for every 50 square feet, or 15 Volume 56 - Page 106 INDEX Ord 2003 -6 Code Amendment No. 2003 -001/ PA2003 -054 Granny Units (68) Use Permit No. 3153/ PA2003 -002 Thai Del Mar Restaurant (88) City of Newport Beach City Council Minutes April 22, 2003 INDEX spaces in the case of Thai Del Mar, and dine -in would require a total of either 3 or 5 spaces_ Referring to the nonconforming use on the site, Council Member Webb asked what type of businesses could occupy the site without providing any parking. Planning Director Temple responded that this would include any retail use or the continuation of an eating and drinking establishment. Council Member Webb confirmed that parking can't be required unless the current building is replaced. Planning Director Temple explained that the building is considered legal, nonconforming because it was constructed prior to the City adopting commercial parking requirements. Mayor Bromberg opened the public hearing. Bob Wynn, representing the applicant, introduced himself. Mayor Pro Tem Ridgeway stated that the staff report is complete. Motion by Mayor Pro Tern Ridgewav to uphold the Planning Commission decision to approve the requested amendment to Use Permit No. 3153 (PA2003 -002) based on the findings and conditions of approval within the Planning Commission Resolution. Council Member Proctor stated that he can't understand what Council Member Nichols is seeking or why the item was called up. Council Member Nichols explained that this type of restaurant in this type of location is inappropriate. He stated that by allowing it, others will be encouraged to do the same thing. He stated that the use permit should be conditioned. In regard to parking, Council Member Nichols noted that the restaurant will have both takeout and dine -in. Mayor Bromberg stated that there is no mechanism at the current meeting for the City Council to condition the property as requested by Council Member Nichols. Council Member Nichols requested that the transfer of the use permit to a new owner not be allowed. Assistant City Attorney Clauson explained that nonconforming uses and use permits are tied to the land, not the tenant. Hearing no further testimony, Mayor Bromberg closed the public hearing. Council Member Nichols stated that the City is gradually bottlenecking Coast Highway, which will eliminate the ability to permit growth allowed by the general plan. He stated that the City has to stop allowing uses, such as Thai Del Mar, in Corona del Mar. Council Member Adams stated that Council Member Nichols hasn't cited any evidence that there's a history of land use decisions in Corona del Mar that have contributed to traffic issues. He added that the action before the City Council at the current meeting is not related to the issues raised by Council Member Nichols. Volume 56 — Page 107 City of Newport Beach City Council Minutes April 22, 2003 The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: None Abstain: Nichols Absent: None 9. ENSIGN RESIDENCE, 3415 OCEAN BLVD - VARIANCE NO. 2003- 001 AND MODIFICATION PERMIT NO. 2003 -004. Planning Director Temple stated that the variance is for a property on the coastal bluff side of Ocean Boulevard to exceed the 24 -foot height limit. She pointed out that this area of Corona del Mar has a dual height limit, one for 24 feet as measured from existing or natural grade and one for the top of the curb height on Ocean Boulevard. Planning Director Temple stated that the project complies with the curb height limit, but exceeds the 24 -foot height limit on the coastal bluff side of the property, due to the drop in elevation on the site. She reported that the Planning Commission did recommend approval of the variance. Council Member Nichols stated that there is more than one type of property along the bluffs in Corona del Mar. He stated that one type allows a house to cascade down the bluff and is allowed by current codes. He stated that a second type uses a string line to measure height and distance out, which prevents houses from continuing all the way down the bluff. Council Member Nichols stated that in this situation, the property owner is proposing to cut into the slope and continue down approximately 27 feet into the bluff. He noted that the lowest level would have no windows and serve as a basement, making the house four stories and not three. He stated that regulations should be put in place for the undercutting of the bluff that will take place, and that the area should be reinforced. He also disagreed with the bluff being cut into so massively, but wasn't sure if the string line method should be used. Mayor Bromberg stated that the property owner is entitled to build into the bluff. He also felt that the Planning Commission made good findings and noted that they approved the variance, unanimously. Council Member Webb stated that the property owner is also requesting to build below grade in the front yard setback. He asked how much extra excavation would be needed if this occurred. Public Works Director Badum stated that it would probably amount to 500 to 600 cubic yards, and would require approximately 50 to 60 trucks for removal. Council Member Webb noted that the existing driveway is in poor condition. He suggested that a requirement to repair or restore the driveway be considered. Public Works Director Badum stated that a requirement to maintain the driveway in its current condition would be a part of the encroachment permit. He noted that the number of trucks that will be driving on the site will most likely require the driveway to be rebuilt. He added that the driveway is a shared facility and serves six homes. Council Member Webb stated that there is a drainage pipe that runs adjacent to the site. Since the property owner is planning to lower the garage by approximately eighteen inches, which would put the elevation Volume 56 - Page 108 INDEX Variance No. 2003 -001/ Modification Permit No. 2003 -004/ PA2003 -006 Ensign Residence (91) City of Newport Beach City Council Minutes April 22, 2003 INDEX of the garage close to the drain, he asked if there should be a requirement to provide an overflow so that the water wouldn't go into the garage in case the inlet were plugged. Public Works Director Badum stated that this, again, would be looked at during the building process and that the property owner would be required to prevent flooding and protect the drain. He added that the property owner will also be required to maintain the driveway access for the neighbors. Council Member Webb confirmed with Public Works Director Badum that drains coming down the slope are required to be below grade, or subsurface. Mayor Pro Tom Ridgeway asked if the surface of the garage is higher or lower than the drain. Council Member Webb stated that, according to the plans, the surface of the garage floor is approximately six inches higher than the top of the curb right above the catch basin. He added that if the catch basin were plugged and an overflow device weren't in place, water could potentially go into the garage. In regard to the truck traffic that will take place, Council Member Heffernan noted a previous incident where damage was done to a City waterline due to excavation and trucks. Public Works Director Badum stated that conditions would be placed in the encroachment permit which would require existing City improvements to be maintained. He noted that in the incident cited, the property owner was responsible for repair. He also confirmed that during the building permit and plan check process, staff will be looking at these types of items. Council Member Nichols stated that his calculations show that 540 cubic yards of material would be removed in the setback area, which would require about 70 trucks for removal. Mayor Bromberg asked if the property owner would be agreeable to maintaining and repairing the driveway, if necessary. He stated that it appears that the other issues would be handled during the building process by the Public Works Department. Mayor Bromberg opened the public hearing. Curt Ensign, property owner, stated that he and another neighbor, who will also be starting construction on his home, have already discussed the need to obtain an encroachment permit so that they can repave and possibly enhance the driveway. He confirmed that he has no problem with a condition that would require him to repair the street. Council Member Nichols asked if the property owner had to have the basement. He noted that it undermines the wall and allows for more square footage than the other homes in the area. Mr. Ensign stated that he feels he needs the basement for storage and to serve as a recreation area for his children. He stated that it won't be visible to the public and he will comply with the building and safety requirements for the design and construction of the area. Volume 56 — Page 109 City of Newport Beach City Council Minutes April 22, 2003 Hearing no further testimony, Mayor Bromberg closed the public hearing. Motion by Mayor Pro Tern Ridgeway to uphold the decision of the Planning Commission to approve Variance No. 2003 -001 and Modification Permit No. 2003 -004 (PA2003 -006) based on the findings and conditions of approval contained within the Planning Commission Resolution, and adding an additional condition that the encroachment permit require the driveway to be maintained and that the plan check process insures that the floor elevation of the garage is higher than the drain. Mr. Ensign stated that the storm drain flows down to the beach and he will be asking if he can connect into that drain per a City- approved plan. Mayor Pro Tem Ridgeway stated that he wants to make sure that the garage won't flood. Mr. Ensign stated that an inflow location could be provided into the storm drain below the level of the catch basin. Council Member Webb confirmed that he is confident that the driveway issue will be handled by the Public Works Department and the encroachment permit process. Council Member Nichols stated that he would prefer that concrete retaining walls not be utilized. The motion carried by the following roll call vote: Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Mayor Bromberg Noes: Nichols Abstain: None Absent: None 10. CURCI PROPERTY, 129 AGATE AVENUE - GENERAL PLAN AMENDMENT NO. 2002 -003, LOCAL COASTAL PROGRAM AMENDMENT NO. 2003 -001, CODE AMENDMENT NO. 2002 -009, NEWPORT PARCEL NO. 2002 -031 (PA2002 -244). Planning Director Temple stated that the property is located at the corner of Agate Avenue and Park Avenue on Balboa Island. She stated that it is currently being used as a private commercial parking lot and is designated as Retail and Service Commercial (Residential). The applicant is requesting to change the designation to Two - Family Residential, to rezone the property to R -1.5 and to subdivide the existing three lots into two lots for residential development. Planning Director Temple stated that the principal issue is the long -term use of the property in the area, since it is located in a small commercial district. Council Member Nichols stated that he is in support of the recommended action. Mayor Bromberg opened the public hearing. Motion by Mayor Pro Tern Ridgeway to approve the applications by adopting Resolution No. 2003 -23 and introducing Ordinance No. 2003 -7 Volume 56 - Page 110 INDEX Res 2003 -23 Ord 2003 -7 General Plan Amendment No. 2002 -003/ Local Coastal Program Amendment No. 2003 -001/ Code Amendment No. 2002 -009/ PA2002 -244 Curci Property (45) City of Newport Beach City Council Minutes April 22, 2003 w and pass to second reading on May 13, 2003. Craig Sullivan expressed his support of the property designation being changed to residential. He requested, however, that the setbacks be adhered to, that soil samples be taken, that it be determined that there aren't any environmental issues and that the traffic flow in the area be considered. Hearing no further testimony, Mayor Bromberg closed the public hearing. Referring to the condition for a six -foot front yard setback, Council Member Webb stated that the other properties in the area seem to have 10 to 12 -foot front yard setbacks. He stated that the setbacks on the properties north of Park Avenue include property in the public right -of- way. He suggested that the 10 -foot setback from the back of the sidewalk be maintained in the area. He noted, however, that the section of Agate Avenue under consideration is about eight feet wider due to the ferry traffic. Substitute motion by Council Member Webb to approve the applications by adopting Resolution No. 2003 -23 and introducing Ordinance No. 2003 -7, as changed to require a 10 -foot front yard setback, and pass to second reading on May 13, 2003. John Curci, property owner, stated that the setback across the street, on Agate Avenue, is also a six -foot setback. He added that the property next door has no setback. Mayor Bromberg stated that he's also comfortable with a six -foot setback and it should work with the way it's designed. Per Council Member Nichols' question, Mr. Curci stated that he wasn't aware of the open garages down the street. The substitute motion died for lack of a second The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None CONTINUED BUSINESS 11. APPOINTMENTS BY THE CITY COUNCIL TO ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC) AND THE AVIATION COMMITTEE (contd. from 3/11/03 and 3/25/03). Mayor Bromberg appointed Brent Cooper as the District 5 regular member on EQAC. Volume 56 - Page 111 INDEX Environmental Quality Affairs Citizens Advisory Committee (EQAC)/ Aviation Committee City of Newport Beach City Council Minutes April 22, 2003 Council Member Nichols appointed Bud Rasner as the District 6 alternate member on the Aviation Committee. Mayor Bromberg stated that it was suggested that the General Plan Advisory Committee (GPAC) applicants be considered for some of the remaining vacancies. He stated that the City Council might want to consider this suggestion if the remaining vacancies continue to be difficult to fill. Motion by Council Member Adams to confirm Mayor Bromberg's appointment of Brent Cooper as the District 5 regular member on EQAC and Council Member Nichols' appointment of Bud Rasner as the District 6 alternate member on the Aviation Committee. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None P. CURRENT BUSINESS 12. APPOINTMENT BY MAYOR OF AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 2003. Mayor Bromberg appointed himself and Council Members Adams and Webb to serve on the ad -hoc appointments committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 2003. Motion by Mayor Pro Tern Ridgeway to confirm the Mayor's appointments. The motion carried by the following roll call vote Ayes: Heffernan, Proctor, Ridgeway, Adams, Webb, Nichols, Mayor Bromberg Noes: None Abstain: None Absent: None Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - at 5:55 p.m. in memory of Frank Robinson and John Preston Webb. Volume 56 - Page 112 INDEX (24) Ad Hoc Appointments Committee/ Board & Commission Vacancies (24) City of Newport Beach City Council Minutes April 22, 2003 The agenda for the Regular Meeting was posted on April 16, 2003, at 2:35 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary DC{ x' Gi C4G City Clerk j —U (� Volume 56 - Page 113 INDEX