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Home My WebLink About04/08/1985 - Regular MeetingCOUNCIL MEMBERS REGULAR COUNCIL MEETING t0 P� 0 1i S S 9 PLACE: Council Chambers f 9 �G� 9Gp 99� �9� TIME: 7:30 P.M. DATE: April 8, 1985 ROLL CAL MINUTES INnF% Present x x x x x x x A. ROLL CALL. on x B. The reading of the Minutes of the Ayes Meeting of March 25, 1985, was waived, approved as written, and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public hearing regarding: GENERAL PLAN AMENDMENT 83 -1(a) - A GPA 83 -1(a) request initiated by the CITY OF NEWPORT (45) BEACH, to amend -the LAND USE and RECREATION AND OPEN SPACE ELEMENTS of the NEWPORT BEACH GENERAL PLAN for the MARGUERITE AVENUE (JASMINE PARK), FIFTH AVENUE (EAST OF OASIS) and BUCK GULLY PARCELS; AND GENERAL PLAN AMENDMENT 83 -1(d) - A GPA 83 -1(d) request initiated by the CITY OF NEWPORT (45) BEACH, to amend the LAND USE ELEMENT of the NEWPORT BEACH GENERAL PLAN for the FIFTH AVENUE /MACARTHUR BOULEVARD (BRISA DEL MAR) PARCEL. Report from Planning Department, was presented. Council Member Agee announced for the benefit of those in attendance that he intended, at the close of this public hearing, to continue the Brisa del Mar project to July 8. David Neish of Urban Assist, Inc., representing The Irvine Company, addressed the Council and stated that they concurred in the recommendation of Council Member Agee to continue the Brisa del Mar project for approximately 90 days. He recommended the Council ratify their straw votes taken at the March 25, 1985, City Council meeting with respect to the proposed General Plan Amendment 83 -1(a). Pertaining to the Cottage Homes project, (now referred to as the Oasis project) Mr. Neish indicated that they intend to submit a new senior housing proposal with a density range of 10 to 15 d.u. per buildable acre, which would be Volume 39 - Page 124 COUNCIL MEMBERS ROLL \CAL99 �G3 9G,p 99�, �9J, c�F G • • • MINUTES April 8, 1985 A 83 -1(a) & cluster- attached -units for -sale housing; (with no affordable units) seniors to be classified as 55 years or older, and every attempt would be made to preserve blue water views. He commented that they would like the City Council to "pass judgment" on the Oasis proposal at this time and then in 90 days they woul< come back to the Council with a site plan, tentative map, and zoning documents for the development. Jean Morris, Vice President of Harbor View Hills Homeowners Association, 1032 Sea Lane Avenue, addressed the Council, and indicated the Association supports continuing the Brisa del Mar project foi 90 days. J. R. Blakemore of Harbor View Hills Homeowners Association, addressed the Council and also stated he was in favor of continuing the Brisa del Mar project, however, he thought the City Council should be aware of how rapid the City is "building out.11 He cited numerous housing developments currently under construction and questioned the impact they will have on the City with respect to traffic, and suggested that an analysis of such impacts be made prior to approval of the general plan amendments under consideration. Mr. Neish addressed the Council again, and suggested some language deletion to the Land Use Element as follows: Page 8 of the staff report - Jasmine Park - Item No. 7, the words "on the Brisa del Mar site" to be deleted; Page 9 of the staff report - Buck Gully - the words "and a permanent open space easement be recorded fo . that parcel" be deleted; and Page 16 of the staff report - Buck Gully - Item No. 11, the words "an, a permanent open space easement will be recorded on the property" be deleted. Discussion ensued with regard to Buck Gully, wherein Mr. Bob Break, Attorney representing The Irvine Company, addressed the Council and stated that i was his suggestion to delete reference to the Open Space easement for Buck Volume 39 - Page 125 A 83 -1(a) & CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES (o f ROLL CAL GsP �Fp F9 y�9 April 8, 1985 INDEX Gully, as it may not be the appropriate GPA 83 -1(a) instrument from the standpoint of the & (d) • City, much less The Irvine Company. He commented that if you have an Open Space easement dedicated to the City and the City desires to, at some time in the future, have public access to the area, it could not do so with an Open Space easement in place. Council Member Hart discussed density transfers, wherein it was indicated by The Irvine Company that there would not be any floating units remaining from Buck Gully. Kathy Rooney, 3514 Catamaran Drive, member of Harbor View Hills South Homeowners Association, addressed the Council and stated that 45 homes on Sandcastle Avenue look down on the Oasis site, and that the new proposed density of 10 to 15 d.u. per buildable acre is too high. They also feel that views will be blocked, and they are also opposed.to the type of construction that will be used. Their homes are in a price range of $450,000 and the estimated cost for the Oasis units is $190,000. She suggested consideration be given to reaching a "balance." • Sharon Dawson, 721 Goldenrod Avenue, _ addressed the Council and requested that _ she be notified of the meeting with The Irvine Company for public input regarding the Brisa del Mar project. Leonard Morgan, 600 Narcissus Avenue, addressed the Council and indicated that the City was having a difficult time handling the current population, and questioned how was it going to deal with more congestion. He also felt that the proposed projects do not "blend" well with the surrounding properties. Peggy Calle, 717 Goldenrod Avenue, addressed the Council and stated that the proposed developments do not fit "aesthetically1° with the residential dwellings already in old Corona del Mar. She also stated that she would like to see old Corona del Mar preserved in its present state. Tykye Camaras, 932 Sandcastle Avenue, addressed the Council and discussed the need to preserve the quality of life in • the City and the flow of that life. He Volume 39 - Page 126 1 � COUNCIL MEMBERS \CAL 9 9j, cFF` ROLL y�9 April 8, 1985 MINUTES INDEX stated that: high density housing was not GPA 83 -1(a) good for the area, and suggested that & (d) • the City Council consider the pros and cons of each proposal prior to final action. Ken Wassman., 944 Sandcastle Avenue, addressed the Council regarding the Oasis project and expressed opposition to the proposed density. He suggested the Council reconsider the entire package before final approval. Dick Russell, 888 Sandcastle Avenue, addressed the Council with respect to the Oasis project, and urged the Council to not sign a "blank check" until all impacts have been considered. He also stated that if two -story units are going to be constructed, then the housing value for the homes on Sandcastle will decrease tremendously. He further felt that the Council should not take any action on the Oasis proposal at this time, inasmuch as a site plan has not yet been submitted. Clyda Brenner, 616 Marguerite Avenue, addressed the Council and requested that the Harbor View Elementary School Parent Faculty be notified of all meetings, hearings, etc., when public input can be • made regarding these types of projects. Hearing no others wishing to address the Council, the public hearing was closed. It was noted by the City Attorney as a point of information during discussion, that in order to approve a project for a parcel at a reduced density, State law requires the City Council to make certain additional findings, which he elaborated on further. Mr. Neish addressed the Council again, and stated that all they are requesting at this time is some direction from the City Council in order to formulate a bona -fide senior housing project consisting of 100 to 115 units. They are not asking for any zoning or map approval at this time. Motion x Following discussion, motion was made to All Ayes straw -vote approval of Jasmine Park (General Plan Amendment No. 83- 1(a)). • Volume 39 - Page 127 - COUNCIL MEMBERS J 9 \PtP\pP 9 � c � F April 8, 1985 On ROLL MINUTES INDEX Motion x Motion was made to straw -vote GPA 83 -1(a) Ayes postponement of the Brisa del Mar & (d) Project to July 8 (General Plan Amendment No. 83- 1(d)). Derek Torley, 1032 Goldenrod Avenue, addressed the Council and indicated he was very confused as to the Council's action. He also stated that the traffic to be generated from these projects is a very serious problem, and therefore, he felt a moratorium should be placed on all building until the traffic problem is resolved. Ed Williams, President, Friends of Oasis, addressed the Council and advised that they have been working with The Irvine Company and the Bran Company regarding the proposed senior housing project on the Oasis site with the density figure of 110 to 115 units in mind. They took a survey of members of the Friends of Oasis, and 196 people responded, of which 60 people 75 or older expressed a desire to purchase in the project, 50 people 65 or older, and 34 people 55 or older. Ed Wale, Wale Development Company, addressed the Council and stated that he felt the density for the senior housing • project should be increased from 110 to 115 units as suggested by the applicant in order to make it more economically feasible for the developer and more financially available to potential buyers. With respect to the number of units to be constructed on the Oasis site, the staff reported that 10 d.u. per buildable acre would be consistent with the General Plan. Mr. Neish advised that the maximum number of units they would propose for the Oasis site would be 120. Brad Olsen of The Irvine Company, addressed the Council and stated that they do not intend to exceed the 120 unit density range for the Oasis project; the Council could limit that density amount, but they would like some type of assurance from the Council that the money they have invested will have some potential for return. • Volume 39 - Page 128 COUNCIL MEMBERS Motion All Ayes • Motion All Ayes • • ��F x MINUTES April 8, 1985 Motion was made to straw -vote PA 83 -1(a) continuance of the Oasis and Buck Gully 6 (d) proposals (General Plan Amendment No. 83 -1(a)) to July 8, 1985. Motion was made to adopt Resolution No. Res 85 -21 85 -21, approving amendments to the Land Use Element of the Newport Beach General Plan, as straw -voted at the 3 -25 -85 City Council meeting, for the Marguerite Avenue Parcel (Jasmine Park) [General Plan Amendment 83- 1(a)]; including the changes as recommended by the applicant and set forth in the foregoing; and Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; Find that the facts set forth in the Statement of Overriding Consid- erations are true and are supported by substantial evidence in the record, including the Final En- vironmental Impact Report; With respect to the project, find that although the Final Environ- mental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the General Plan, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable. 2. Mayor Maurer opened the continued public CA 614 hearing regarding: (94) AMENDMENT N0. 614 - A request of the BREN COMPANY, Newport Beach, to establish Planned Community Development Standards and adopt a Planned Community Development Plan for the development of CORONA DEL MAR COTTAGE HOMES PLANNED COMMUNITY DISTRICT. The proposal also includes a request to amend portions of Volume 39 - Page 129 COUNCIL MEMBERS \CALROLL April 8, 1985 MINUTES TDT*3 Districting Maps No. 32 and No. 51, so • as to reclassify said property from the R -1 -B District to the Planned Community District; and the acceptance of an Environmental Document; AND TRAFFIC STUDY - A request of the BREN rrfk Study COMPANY, Newport Beach, to consider a traffic study for an eighty unit single - family residential development; AND TENTATIVE MAP OF TRACT NO. 11949 - A TMap Tr11949 request of the BREN COMPANY, Newport Beach, to subdivide two existing parcels of land, containing 16.06 acres, into eighty numbered lots for single - family purposes; two lettered lots for private open space purposes; and three lettered lots for public alley purposes. The proposal also includes an exception to the Subdivision Code so as to allow the creation of interior lots which are less than fifty feet wide and less than 5,000 sq.ft. in area, and corner lots which are less than sixty feet wide and less than 6,000 sq.ft. in area. Property located at 3400 Fifth Avenue, on the northeasterly side of Fifth Avenue • between Marguerite Avenue and the Newport Beach City limits, in Corona del Mar. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to continue this item to All Ayes July 8, 1985. 3. Mayor Maurer opened the continued public PCA 615 hearing regarding: (94) AMENDMENT NO. 615 (ORDINANCE NO. 85 -6) - A request initiated by the CITY OF NEWPORT BEACH to amend a portion of DISTRICTING MAP NO. 32 so as to reclassify property from the R -1 -B District to the Planned Community District, establish specific setbacks on Jasmine Creek, and adopt Planned Community District Regulations for the JASMINE PARK PLANNED COMMUNITY; and the acceptance of an environmental document; • AND Volume 39 - Page 130 COUNCIL MEMBERS \CALROLL • • • F April 8, 1985 MINUTES Study Tr12245 TRAFFIC STUDY - A request of LDM DEVELOPMENT, INC., Laguna Hills, to consider a Traffic Study for a 47 unit single - family residential development; AND TENTATIVE MAP OF TRACT NO. 12245 - A request of LDM DEVELOPMENT, INC., Laguna Hills, to subdivide two existing parcels of land containing 9.6# acres into 47 numbered lots for single - family attached residential development, one numbered lot for private recreational purposes, one numbered lot for private open space purposes, and one numbered lot for public park purposes, on property located in the R -1 -B District (proposed to be rezoned to P -C). The proposal also includes an exception to the Subdivision Code so as to allow the creation of interior lots which are less than 50 ft. wide and less than 5,000 sq.ft. in area, and corner lots which are less than 60 ft. wide and less than 6,000 sq.ft. in area. Property located at 875 Marguerite Avenue, on the southwesterly corner of Marguerite Avenue and Harbor View Drive, in Harbor View. Report from the Planning Department, was presented. Mr. David Neish of Urban Assist, Inc., representing The Irvine Company, addressed the Council and referred to Page 3 of the staff report regarding changes to the Conditions of Approval, and the three new Conditions suggested by the Public Works Department, and stated that they concurred in staff's recommendations. Mr. Neish also made reference to a letter from LDM Development, Inc., regarding more restrictive language for Condition No. 51, a new Condition No. 52, and a revision to Condition No. 53, which states as follows: (The new language is underlined) 1151. Fences or walks along Marguerite Avenue north of Sandcastle Drive (specifically lots Nos. 5 through 15) shall be limited to curb height. The walks or fences shall be made of materials (e.g.. wrought iron) that provide Volume 39 - Page 131 Study Tr12245 COUNCIL MEMBERS \CAL s� o ti ROLL • 0 • CITY OF NEWPORT BEACH April 8, 1985 MINUTES INDEX 'CA 6A sufficient spacing so as not to block views. The plan shall be approved by the Planning and Public Works Departments. "52. The C.C. and R.'s shall include provisions requiring the maintenance of landscaping by the Homeowners' Association and individual homeowners insuring compliance with all conditions of approval related to preservation of view from Marguerite Avenue and Harbor View Drive. "53. The landscape plan shall include a program for use of landscape materials (trees, shrubs, and groundcover) which has maximum growth patterns not to exceed the ridge of any unit adjacent to Marguerite Avenue." Mr. Neish stated that they also concur in the above changes and additions to the Conditions of Approval. It was requested by Mr. Neish that the City hold harmless the Newport Mesa Unified School District regarding Condition No. 64 if, in fact, an accident were to occur in that specific area, to which the City Attorney advised that he had had discussions regarding this matter and sees no disadvantage to the City to grant the request. Dick Nichols, 519 Iris Avenue, addressed the Council and expressed his concerns regarding the traffic analysis for this project, and the need for more parks in Corona del Mar. Lucille Kuehn, 1831 Seadrift Drive, addressed the Council regarding Mr. Nichols' comments pertaining to the need for additional parks in Corona del Mar, and advised that Corona del Mar has four parks which are the Bayside, Carnation Avenue, Grant Howell, and Irvine Terrace parks. Hearing no others wishing to address the Council, the public hearing was closed. Volume 39 - Page 132 INDEX 'CA 6A COUNCIL MEMBERS 9 \CAL\\f\P ROLL v c� F April 8, 1985 MINUTES INDEX Motion x Motion was made to approve the project PCA 615 Ayes as recommended by the Planning Commission, and consistent with the straw votes of 3- 25 -85, including the changes and additions to the Conditions of Approval as enumerated in the foregoing, and adopt Resolution No. Res 85 -22 85 -22, accepting, approving and certifying the Final Environmental Impact Report; Make the Findings contained in the Statement of Facts with respect to significant impacts identified in the Final Environmental Impact Report; Find that the facts set forth in the Statement of Overriding Considerations are true and are supported by substantial evidence in the record, including the Final Environmental Impact Report; With respect to the project, find that although the Final Environmental Impact Report identifies certain unavoidable significant environmental effects that will result if the project is approved, the mitigation measures identified shall be incorporated into the General Plan, and all significant environmental effects that can feasibly be mitigated or avoided have been eliminated or reduced to an acceptable level, and that the remaining unavoidable significant effects, when balanced against the facts set forth in said Statement of Overriding Considerations, giving greater weight to the unavoidable environmental effects, are acceptable; Adopt Ordinance No. 85 -6, being, Ord 85 -6 P -C Distr AN ORDINANCE OF THE CITY OF Jasmine Prk NEWPORT BEACH ADOPTING PLANNED COMMUNITY DISTRICT REGULATIONS FOR THE JASMINE PARK PLANNED COMMUNITY LOCATED ON THE SOUTHWESTERLY CORNER OF MARGUERITE AVENUE AND HARBOR VIEW DRIVE, AMENDING A PORTION OF DISTRICTING MAP NO. 32 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R -1 -B DISTRICT TO THE PLANNED COMMUNITY DISTRICT AND • ESTABLISHING SPECIFIC SETBACKS Volume 39 - Page 133 COUNCIL MEMBERS \CALLo ROLL • 0 CITY OF NEWPORT BEACH F April 8, 1985 MINUTES INDEX lUD /CDBG Prgrm (87) ADJACENT TO JASMINE CREEK ON SAID DISTRICTING MAP (PLANNING COMMISSION AMENDMENT NO. 615); Sustain the action of the Planning Commission and approve the Traffic Study for the Jasmine Park Planned Community; and Approve Tentative Map of Tract No. 12245 with the Findings and subject to the Conditions as recommended by the Planning Commission. 4. Mayor Maurer opened the continued public hearing regarding the PROPOSED "STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROPOSED USE OF FUNDS" FOR THE 1984/85 and 1985/86 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS. Report from the Planning Department, was presented,. Letter from Orange County Fair Housing Council regarding funding for Fiscal Year 1985 -86 to be utilized for Fair Housing Services, was presented. Letter from Orange Coast Interfaith Shelter, requesting CDBG funds to complete acquisition of their shelter, was presented. The City Manager advised that the staff has received five applications for the use of CDBG funds from the following: Friends of Oasis $ 200,000 Orange Coast Interfaith Council 50,000 Wale Development 1,100,000 Orange County Fair Housing Council 20,000 Orange County Community Housing Corporation 1,200,000 The City Manager noted that the amount of CDBG funds the City has for the 1985 -86 fiscal year is $1,114,000. Mr. Barney Larks, 1901 Beryl Lane, addressed the Council and spoke in support of the request of the Friends of Oasis. Volume 39 - Page 134 INDEX lUD /CDBG Prgrm (87) CITY OF NEWPORT BEACH COUNCIL MEMBERS ( O s 9 . �v c� F April 8, 1985 ROLL MINUTES INDEX Jean Forbath, Vice President of Orange HUD /CDBG Coast Interfaith Council, addressed the • Council regarding their request for $50,000, which she stated would be used to lower the mortgage on their facility. She stated that their Shelter provides for the homeless, and that they are currently housing 65 persons a night. She stated that they receive referrals from Hoag Hospital, Police Department, churches, and service organizations in the community. She urged the Council to favorably consider their request. Scott Mather, President, Orange Coast Interfaith Shelter, addressed the Council and gave a brief history of how they acquired their facility, noting that $330,000 was raised from the Cities of Irvine, Costa Mesa and Huntington Beach„ and the County of Orange. He stated that they purchased their property III years ago for $430,000. It is a nine -unit apartment complex, utilizing six units at the present time. He stated that by paying down the mortgage another $50,000 they would free up $600 a month in mortgage costs that, over a thirty -year period, would equal $259,000 in operating costs, and could open use of the other three units. • Sister Donna Mascari, Director of Orange Coast Interfaith Shelter, addressed the Council and summarized the services they provide, noting that they house families up to two months; assist in finding employment; and respond to emergency calls 24 hours a day. John Campbell, 326 Lindo Avenue, addressed the Council in support of the request of Orange Coast Interfaith Shelter, stating that he was very knowledgeable of their program which, in his opinion, is excellent. Larry Camteau, representing the Wale Development Company, addressed the Council regarding their proposal to construct a rental housing development affordable to low -and moderate- income families for a period of thirty years. The site of this development is on Fifteenth Street, west of Placentia Avenue. He stated that they could begin construction within four to five months, and are hoping to build 55 units, which would benefit a number of families over the next thirty years. He stated they Volume 39 - Page 135 CITY OF NEWPORT BEACH COUNCIL MEMBERS G \CAL s� 0 3 S ti v ROLL 9GSr��F9 9�9 y�� April 8, 1985 MINUTES W-ILW4 felt the project was good for the City, UD /CDBG as well as the developer, and urged the • Council to look favorably upon their request. Barney Larks, 1901 Beryl Lane, addressed the Council again, and stated that, in his opinion, the request of Orange Coast Interfaith Shelter should receive first priority, with second priority being the request of the Fair Housing Council of Orange County. Motion x Following discussion, motion was made to OrngCstIntr All Ayes grant $50,000 of CDBG funds to the Faith /SubAQ-i Orange Coast Interfaith Council,, and the C -2541 remaining ;balance to the Wale (38) Development Company; and to adopt Resolution No. 85 -23, authorizing the Res 85 -23 City Manager to submit the final statement and all understandings and assurances contained therein, and to act as the official representative of the City in connection with the submission of the final statements for the 1984/85 and 1985/86 Community Development Block Grants. E. PUBLIC COMMENTS: None. • F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on April 22, 1985 - (a) Removed from the Consent Calendar. Pass to second reading and adoption on April 22, 1'985 - (b) Proposed ORDINANCE NO. 85 -7, being, Ord 85 -7 Vehicles/ AN ORDINANCE OF THE CITY OF NEWPORT Trfk BEACH DELETING SECTION 12.66.070 OF HarborVuEno3 THE NEWPORT BEACH MUNICIPAL CODE (85) PROVIDING FOR CALIFORNIA VEHICLE CODE ENFORCEMENT ON PRIVATE STREETS IN HARBOR VIEW KNOLL. (Report from Traffic Affair Committee) (c) Removed from the Consent Calendar. • Volume 39 - Page 136 Lot b O M, I 47LILGIA COUNCIL MEMBERS \CAL \'P\I�p 9 9� c�F ROLL ��9 April 8, 1985 MINUTES INDEX (d) Proposed ORDINANCE NO. 85 -9, being, Ord 85 -9 wilding/ • AN ORDINANCE OF THE CITY OF Constr NEWPORT BEACH ESTABLISHING (26) PROCEDURES FOR THE ISSUANCE OF STREET CONSTRUCTION PERMITS. (Report from City Attorney) (e) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 85 -24 supporting egislation Senate Bill 75. (48) (b) Resolution No. 85 -25 supporting Legislation Senate Bill 433. (48) (c) Resolution No. 85 -26 awarding insurance/ contract for Comprehensive Public Pblc Lblty Liability Insurance coverage for '85 -86 1985 -86. (Report from City Res 85 -26 Manager) (47) 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk BalPnPtSwr to execute a professional services Rplcm agreement with Norris- Repke, Inc., -2497 Consulting Engineers and Land (38) Services - Balboa Peninsula Point Sewer Replacement C -2497. (Report • from Public Works) (b) Award Contract No. 2498 to Chris R. Irvine Trc Stephen, Inc. of Irvine for total Scrn Wall/ price of $184,236 for Irvine JambrRd & Terrace Screen Wall Along Coast Zahma Dr Highway from Jamboree Road to Zahma C -2498 Drive; and authorize the Mayor and (38) City Clerk to execute said contract. (Report from Public Works) (See BA -081) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works and Traffic pW Engineering for response, letter (74) from Balboa Peninsula Point Association regarding street repair and traffic control from Balboa Pier east to the Balboa Jetty. • Volume 39 - Page 137 CITY OF NEWPORT BEACH COUNCIL MEMBERS April 8, 1985 9 R OLL \CAL MINUTES INDEX (b) To Pending Legislation and Legislation Procedural Ethics Committee, letter (48 from Gerald C. Grimm, Senior California Assemblyman, regarding support for the Orange County Grand Jury's recommendations in County government. (c) To Traffic Engineering for Traffic response, letter from Bayside (85) Village Homeowners Association regarding pedestrian crossing on Bayside Drive De Anza Bayside Village. (d) To Pending Legislation and Legislation Procedural Ethics Committee, (48) request from Loren L. Baumgardner to support a comprehensive freeze or rollback of all government spending. (e) To Pending Legislation and Legislation Procedural Ethics Committee, a copy (48) of City of Yorba Linda Resolution No. 85 -1889 regarding support for the proposal of the President of the United States to eliminate Federal Revenue Sharing on October 1, 1985. (f) To Parks, Beaches and Recreation PB &R • Director for response, letter from (62) Barry R. Smith regarding trees in public sidewalk in Corona del Mar. (g) To Planning Department for Planning response, letter from Property (68) Administrator, Villageway Management, Inc., protesting against relandscaping plans for Harbor View Broadmoor Community Association by The Irvine Company. (h) To Staff for response, request from PW /Marine president of Balboa Island Dpt /Grand Improvement Association for Canal Drdg dredging of Grand Canal. (74/51) (i) Removed from the Consent Calendar. (j) Removed from the Consent Calendar. Volume 39 - Page 138 CITY OF NEWPORT BEACH COUNCIL MEMBERS April 8, 1985 \Ak MINUTES INDEX RVLL V1YL (k) To Pending Legislation and Legislation Procedural Ethics Committee, letter (48) from Southern California • Association of Governments regarding adoption of modifications to the SCAG -82 Regional Growth Forecast Policy. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Commission Preliminary Agenda of April 3, 1985. (b) Applications before the California Public Utilities Commission regarding Southern California Gas and Pacific Lighting Gas Supply Companies application, (No. 85 -03• -045) notice of public hearing; and AP Express dba Airport Shuttle application (No. 84 -10 -064). 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Kerry F. Boyd seeking property Boyd damage as a result of alleging City employee ran out into street • against traffic and collided with claimant's vehicle at Jamboree Road and Santa Barbara on December 19, 1984. (b) Ian Bruce seeking property damage Bruce as a result of alleging City employee jaywalked in front of him, thereby causing accident at Pacific Coast Highway near Riverside Avenue on February 27, 1985. (c) Removed from the Consent Calendar. (d) Southern California Edison Company SOCAEdsn alleging property damage by City backhoe which hit their underground pull box at alley north of Balboa and west of "I" Street on February 27, 1985. (e) Gina Spollino alleging property Spollino damage by City backhoe which backed into claimant's vehicle at 2401 Margaret Drive on March 19, 1985. • Volume 39 - Page 139 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL J� q 1r S S 9 ROLL ss F9 P �9 April 8, 1985 MINUTES INDF X (f) Irene Von Hartmann alleging Von Hartmann personal injuries as a result of stepping into hole in front of 16 • Corporate Plaza, Newport Center on March 4, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Utilities Serviceworker, Sewer Division. (b) Approve one Paramedic, Fire Department. (c) Approve one Police Officer, Patrol Division. (d) Approve one Secretary, Non - Departmental. (e) Approve one Police Clerk I, Police Department. (f) Approve one Secretary to Police • Chief, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. (b) Report from Executive Assistant to Arts Cmsn the City Manager regarding (24) direction to the Arts Commission to develop a Policy and Procedures for the welcoming of foreign dignitaries to the City. (c) Report from the City Attorney Planning / regarding proposed response to Don Lido Mblhm Hunter and Lido Mobile Home Park. Prk (68) 10. PUBLIC HEARING SCHEDULING - For April 22, 1985: (a) APPEAL OF HAROLD G. PARKER FOR Variance VARIANCE NO. 1121 denied by the 1121 Planning Commission on March 7, (91) 1985, to allow the floor area of proposed single family dwelling to exceed 1.5 times the buildable area; modification to front setback of Zoning Code to permit an • exterior deck to encroach 3' -6" Volume 39 - Page 140 e *- - COUNCIL MEMBERS \CALs q ti ti q ROLL 9q �G 2! qG,9 q9� Gas 9 �� Z�9 April 8, 1985 MINUTES INDEX into a required 5' setback; and a six foot building and deck encroachment into • the required 10' rear yard setback. 11. Removed from the Consent Calendar. 12. STREET AND ALLEY SLURRY SEAL PROGRAM St /Alley (C -2495) - Approve the plans and Slry S1 Prgm specifications; and authorize the City C -2495 Clerk to advertise for bids to be opened (38) at 11:00 a.m. on May 1, 1985. (Report from Public Works) 13. FERNLEAF AVENUE STORM DRAIN AND DAHLIA Frnlf StrmDr AVENUE SEWER REPLACEMENT (C -2431) - & Dahlia Swr Accept the work; and authorize the City Rplcm Clerk to file a Notice of Completion and C -2431 release the bonds 35 days after Notice (38) of Completion has been recorded. (Report from Public Works) 14. TRAFFIC SIGNAL AND SAFETY LIGHTING AT Trfk Sgnl/ THE INTERSECTION OF SUPERIOR AVENUE AND Sfty Ltg TICONDEROGA STREET /NICE LANE - Accept Suprior/ the work; and authorize the.City Clerk Tcndrga /Nice to file a Notice of Completion and C -2455 release the bonds 35 days after Notice (38) of Completion has been recorded. (Report from Public Works) 15. PHASE I AND II IMPROVEMENTS AT THE CITY CorpYrd /Phs CORPORATION YARD (C -2236) - Accept the I & II • work; assess liquidated damages in the C -2236 amount of $4,100; and authorize the City (38) Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded. (Report from Public Works) 16. BUDGET AMENDMENTS - For approval: (25) BA -079, $2,600 - Transfer in Budget Appropriations to provide for conducting disposal permit monitoring at EPA dumpsite designated LA3 as a condition to the City's Maintenance Dredging permit; Marine Fund. BA -080, $1,300 - Transfer in Budget GS /Special Appropriations to provide for special Trash P/U refuse collection in the Harbor View Hrbr Vu Homes area on April 13, 1985; General (44) Services- Refuse Fund. (Report from General Services Department with letter from Villageway Management, Inc.) BA -081, $10,000 - Increase in Budget Appropriations to provide for Construction of the Irvine Terrace • Screen Wall; Contributions Fund. Ifolume 39 - Page 141 7 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL S� .O ROLL April 8, 1985 MINUTES INDEX G. ITEMS REMOVED FROM THE CONSENT CALENDAR: • 1. Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY OF NEWPORT PCA 612 BEACH ADOPTING PLANNED COMMUNITY (94) DISTRICT REGULATIONS FOR THE BRISA DEL MAR PLANNED COMMUNITY LOCATED ON THE NORTHEASTERLY CORNER OF EAST COAST HIGHWAY AND MACARTHUR BOULEVARD, AMENDING A PORTION OF DISTRICTING MAP NO. 32 SO AS TO RECLASSIFY A PORTION OF SAID PROPERTY FROM THE C -1 TO THE P -C (PLANNED COMMUNITY) DISTRICT (PLANNING COMMISSION AMENDMENT NO. 612), was presented for introduction and public hearing scheduling on April 22, 1985, with report from the Planning Department. Motion x Motion was made to continue this item to All Ayes July 8, 1985. 2. Council Member Hart, also Chairman of Ord 85 -8 the Orange County Sanitation District Swr Use No. 5, stated that she has called a Chrg'Incr/ special meeting for Wednesday, April 17 Adtl Unts at 5 p.m., at City Hall to discuss the (89) proposed ordinance regarding increasing sewer use charge. Motion x Motion was made to introduce proposed All Ayes ORDINANCE NO. 85 -8, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH INCREASING SEWER USE CHARGE FROM $2.90 PER MONTH TO $3.15 PER MONTH WITH PROPORTIONATE INCREASES FOR ADDITIONAL UNITS EFFECTIVE JULY 1, 1985, with report from Utilities Department, and pass to second reading on April 22, 1985. 3. Letter from State Senate John Seymour Personnel/ regarding joint and several liability Safety Empl and disability pensions for safety (66) employees, was presented. Motion x Motion was made to refer the subject All Ayes letter to the Personnel Department to prepare a response to be signed by the Mayor, and that the letter include appreciation to Senator Seymour for his assistance on SB 75, and the Bergeson • bill. Volume 39 - Page 142 • • COUNCIL MEMBERS \CAL v 91, c�F ROLL Gsl ��fl Ffl ��P April 8, 1985 MINUTES INDEX 4. Claim filed by Carl and Catherine Crewe Claims seeking equitable indemnity from claim (36) • filed by Joan Christensen, who fell while riding a bicyle at 601 Bayside Drive on February 10, 1984, was listed on the agenda in error. Motion x Motion was made to delete this item from All Ayes the agenda, as recommended by the City Attorney. 5. Report from Executive Assistant to the Legislation/ City Manager recommending postponement Smoking Ord of introduction for smoking ordinance, (48) was presented. Motion x Motion was made to direct the City Attorney to prepare an ordinance for consideration on June 10, 1985. Michael Christensen, author of the smoking ordinance presented to the City Council on March 11, 1985, addressed the Council and indicated he did not feel Council action on the ordinance should be deferred pending adoption of a County ordinance, and determination of the enforcement capabilities of the County Health Officer, as recommended by staff. Mr. Christensen stated that, if desired, he could provide the Council with • additional data in order to make their decision sooner, and urged they place this item on their next agenda. Mayor Maurer explained to Mr. Christensen that the ordinance was being deferred to June 10 in order that a.full Council will be present to consider it. All Ayes The motion on the floor was voted on and _ carried. 6. The City Attorney noted that the Emgcy Ord proposed Ordinance declaring a 85 -10 /Bldg moratorium on the issuance of street Custr Prmts construction permits is an emergency (26) measure, and recommended adoption at this time. Motion x Motion was made to adopt EMERGENCY All Ayes ORDINANCE NO. 85 -10, being, AN EMERGENCY ORDINANCE OF THE CITY OF NEWPORT BEACH DECLARING A MORATORIUM ON ISSUANCE OF STREET CONSTRUCTION PERMITS. Volume 39 - Page 143 COUNCIL MEMBERS C' J' A _Y 4 'S 9 �f 9G,A 99� �9� cFt" ROLL CAL Gss y�9 April 8, 1985 MINUTES 7. Request for fencing between 209, 211 and Permit/ 213 Grand Canal, Balboa Island by Don Pence Cnstr Smith was presented with report from (65) Public Works. Motion x Motion was made to refer this item to the Balboa Island Improvement Association for review and report back. Don Smith, 211 Grand Canal, representing neighbors of 209 and 213 Grand Canal, addressed the Council and noted that the existing fences are now built on certain pieces of City property, and they are requesting they be allowed to replace the old fences with new fencing in the same location. He distributed photographs of the subject properties indicating the approximate property line, and also photographs of other properties along the Canal which have fencing encroaching on the City property. He pointed out that most fences along the Canal extend to the sidewalk. Ayes x x x x x x The motion on the floor was voted on and Noes x carried. 8. Letter from Jan D. Vandersloot regarding Annexation/ initiative petition submitted by Jean SAna Hghts Watt on January 28, 1985, for the Santa (21) ® Ana Heights annexation, was presented. Allan Beek, resident, addressed the Council in support of Mr. Vandersloot's letter, stating that the people of Santa Ana Heights want to join the City of Newport Beach, and the residents of Newport Beach are anxious to have them as part of the City, as evidenced by the petition with 6,000 signatures submitted to the City Council on January 28, 1985. He referred to the City Attorney's opinion rendered on this matter and expressed his disagreement and concerns. In concluding, he urged the Council to process the petitions. Motion x Motion was made to refer the subject Ayes x x x x x x letter to the City Attorney for Abstain x response. • Volume 39 - Page 144 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� 9 ti 9 9 � ti T v c� F April 8, 1985 o G ROLL 9 P � MINUTES INDEX H. ORDINANCES FOR ADOPTION: 1. Proposed EMERGENCY ORDINANCE NO. 85 -11, Emgcy Ord • being, 85 -11 /Bus Lic /Msg Prlr AN EMERGENCY ORDINANCE OF THE CITY (27) OF NEWPORT BEACH DECLARING A MORA17ORIUM ON MASSAGE PARLOR PERMITS IN THE CITY OF NEWPORT BEACH, was presented for adoption with a report from City Attorney. The City Manager pointed out that the proposed emergency ordinance would be in effect for 45 -days and would prohibit the issuance of any new massage parlor permits. It would then give the staff time to examine the City's massage parlor regulations to determine if they should be modified. The following Massage Therapists addressed the Council in opposition to the proposed moratorium: Valarie Calhoun, 2640 E. Coast Highway, Corona del Mar Alja J. Hallwell, South Laguna Ladona Whiteford, President, California Federation of Massage • Jane Lindstrom, 120 E. 18th Street, Costa Mesa Following the above comments, the City Attorney invited those interested, to attend a meeting on this subject on Thursday, April 11, at 11:00 a.m., in his office. He stated that a representative from the Police Department and City Manager's office would also be in attendance. Motion x Motion was made to adopt Emergency Ayes x x x x x x Ordinance No. 85 -11. Noes x I. CONTINUED BUSINESS: 1. Request from United States Olympic PB &R Committee of Orange County for City to (62) absorb City's direct costs for 10 -K Run, was presented. Bob Clifford, Chairman of the Olympic Committee for Orange County, addressed the Council and stated it is their desire to raise funds for athletes. . They are not requesting funds from the Volume 39 - Page 145 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL Gss � Z�9 April 8, 1985 MINUTES IM613:, City, but they are asking that the Special Events Permit fee be waived, as • well as all other direct City costs to handle the event. With respect to past runs, the City Manager noted that it has been the policy of the City to bill for direct City costs, and to not waive any fees. However, when the Olympic Torch Run came through the city, the City shared in the cost of that particular event, but that was the only exception. Motion x Following consideration, motion was made to reaffirm City's action of denial on February 11, 1985. Motion x Substitute motion was made to reaffirm Ayes x x x x x x City's action of denial on February 11, Noes x 1985, but to refer this request to the Parks, Beaches and Recreation Commission to investigate the feasibility of sharing in the cost, not only for this event, but for all twelve runs held in the City throughout the year. 2. Request of E. Llewellyn Overholt, Jr., PCA 616 that Council grant a rehearing of the (94) District Map Amendment matter only (Amendment No. 616 of Districting Map No. 23 - Lot 1, Tract No. 802, #1 Harbor Island), was presented. Mr. E. Llewellyn Overholt, Jr., owner of #1 Harbor Island, addressed the Council and stated that the property has been in the family for 57 years, and that Mr. Bendetti, who appeared before the Council regarding a variance and district map amendment for the subject property on March 25, was a potential buyer. Mr. Overholt stated that he would like to request a rehearing on the District Map amendment only, as he feels it denies him a privilege that has been given to Lot #18, which has a zero lot line on the same line that crosses his property since 1952 when the District Map was originally filed. Motion x Following discussion, motion was made to Ayes x x x x x x continue this item to May 13, 1985, in Noes x order to allow Mr. Overholt to secure either a letter from the Harbor Island Community .Association supporting a rehearing, or a petition signed by 51% of the owners on the Island. • Volume 39 - Page 146 CITY OF NEWPORT BEACH COUNCIL MEMBERS Gss ��p F,p y�9 ROLL CAL • • F April 8, 1985 MINUTES INDEX J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 11:30 p.m. Mayor ATTEST: City Clerk Volume 39 - Page 147 INDEX