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HomeMy WebLinkAbout03/28/1988 - Regular MeetingCOUNCIL MEMBERS G,p �G AAA O¢ G .0 Present x Absent x Motion All Ayes Motion All Ayes a • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: March 28, 1988 x 'x x x x x X Mayor Cox presented Proclamations to Don Montandon, Marketing Director of COMCAST Cablevision in recognition of Cable Television Month, April 1988; and to Craig Myers, Executive Director of Coastal Communities Hospital, in recognition of Health Fair Expo Day, April 16, 1988. A. ROLL CALL. MINUTES B. Reading of Minutes of Meeting of March 14, 1988, was waived, approved as written, and ordered filed. C. Reading in full of all of ordinances and resolutions under consideration was waived, and City Clerk was directed to read by tittles only. D. HEARINGS: 1. Mayor Cox opened the public hearing and City Council review of PLANNING COMMISSION AMENDMENT NO. 661, denied by the Planning Commission at its meeting of February 18, 1988, being a request initiated by the City of Newport Beach to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to clarify the provision that outdoor sales or display of merchandise in commercial districts require the securing of a use permit, unless specifically permitted by the Code. Report from the Planning Department, was presented. The City Manager summarized the subject report, noting that the Planning Commission had denied Amendment No. 661, and instructed staff to take no action against those merchants who display merchandise out -of -doors so long as -their retail sales occur inside a building, and the outdoor display of merchandise does not encroach onto the public right -of -way. He also noted in the report that staff had recommended Amendment No. 661, or a modification to Amendment No. 661, be adopted by the City Council. The Planning Director presented slides depicting out -of -doors merchandise displays located in Lido Village, on Via Oporto, West Newport area, Mariners Mile, and Balboa Island. Volume 42 - Page 100 PCA 661 COUNCIL \11\ -0 • • r®" �f CITY OF NEWPORT BEACH MINUTES March 28, 1988 The following persons addressed the Council in opposition to the proposed ordinance: Steve Gorman, owner of Lido Art Gallery, stated that he pays high rent and maintenance fees where he is located; has displayed his pictures outside of his brick building for five years and has never received a complaint. He stated that the way his building is constructed, people do not notice his store unless his art work is outside. He suggested this issue be studied further with the merchants affected prior to adoption of any restrictive regulations. Debra Raeber, owner of Lido Book Shoppe, stated she has been at the subject location for over 10 years, and that due to the small size of her store, and the amount of books, newspapers and magazines she carries, she has to display a portion of her merchandise outside. She stated that most of her business is local, and that patrons prefer to walk up and leisurely browse through the various newspapers, magazines, etc. Howard Silver, owner of two businesses on Balboa Island, stated that he has had his stores for over eight years and has received numerous compliments on his display of merchandise. He suggested a committee be formed with business owners, and two members of the City Council, who could meet every six weeks, or so to "watchdog" certain businesses who attempt to do "outlandish" things, rather than to adopt the ordinance under consideration. Jeff Jones, Newport Ski Company, stated that it was very important to display their sailboard sail in front of their business to draw attention. He stated that the sail does not exceed 15 feet in height. He also felt that Balboa Island is similar to an open- air -mall, which is unique in itself, and pointed out that the merchants are competing with stores in South Coast Plaza. Volume 42 - Page 101 PCA 661 CITY OF NEWPORT BEACH COUNCIL MEMBERS �G� CG y� PGf 109 �7 yew March 28, 1988 Won All Ayes x MINUTES Shirley Cohen, owner of Candy Store at 307 Marine Avenue, stated that her store is located in a courtyard 30 feet back from the street, and that she does display a signboard on private property which she would hope does not have to be removed if the proposed ordinance is adopted. Alfredo Huizar, owner of Alfredo's Hair Salon on Balboa Island, stated that he has an outdoor patio for use by his clients because he does not have adequate room inside for his patrons, and which he would like to have remain if the ordinance is adopted. Ray Lowy, owner of Accent Interiors on Balboa Island, stated that he displays pictures in front of his store and has for several years. He concurred in the suggestion that a committee be formed to police Balboa Island merchants. Gary F. Concannon, 124 Via Menton, stated he enjoys the atmosphere created by the display of outdoor merchandise; does not feel these displays are offensive in any way; and urged that the proposed ordinance not be adopted. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Maurer stated that he called this item up for public hearing due to the number of telephone calls he received from residents on Balboa Island, and at the request of the Balboa Island Improvement Association, who voted unanimously to pass the subject ordinance. He indicated he was not in favor of adopting the proposed ordinance; however, he felt that some type of regulations should be enacted or the problem of outdoor displays will only get worse. Council Member Sansone advised that the Corona del Mar Chamber of Commerce has enacted some self - policing type of regulations, which some merchants in attendance tonight may want to investigate further. Hearing no further comments, motion was made to sustain the action of the Planning Commission and deny Planning Commission Amendment Mo. 661. Volume 42 - Page 102 PCA 661 • 0 • CITY OF NEWPORT BEACH COUNCIL MEMBERS \ �J' C1.7 n 7eN March 28, 1988 2. Mayor Cox opened the Public hearing regarding; MINUTES GENERAL PLAN AMENDMENT 87 -3(C) - Request initiated by the City of Newport Beach to amend the LAND USE, CIRCULATION AND RECREATION, AND OPEN SPACE ELEMENTS of the Newport Beach General Plan for the DOWNCOAST NEWPORT BEACH AREA (IRVINE COAST) so as to incorporate the changes to the plan adopted by the County of Orange and the California Coastal Commission; Ili; GPA 87 -3(C) (45) LOCAL COASTAL PROGRAM AMENDMENT NO. 13 - LCPA#13 Request initiated by the City of Newport Beach to amend the LAND USE PLAN of the NEWPORT BEACH LOCAL COASTAL PROGRAM so as to establish a land use plan for the DOWNCOAST NEWPORT BEACH AREA. Report from the Planning Department, was presented. The City Manager summarized the subject report noting that it's the Planning Commission's recommendation to adopt "verbatim," the plan adopted by the Coastal Commission and the plan endorsed by the County, with one minor modification to the neighborhood commercial facility by limiting it to a maximum 15,000 sq. ft. per acre, as noted on Page 3 of the report to the Planning Commission. Ron Winship, 2606 Vista Del Oro, addressed the Council and spoke in favor of the proposed amendments. Luvena Hayton, 235 Poppy Avenue, addressed the Council in support of the proposed amendments, but stated she was very concerned as to the construction time for Pelican Hills Road. Discussion ensued, wherein Dave Dmohowski of The Irvine Company, advised that it was their estimate the construction period for Pelican Hills Road would be 18 months, commencing late this year. Hearing no others wishing to address the Council, the public hearing was closed. Volume 42 - Page 103 COUNCIL MEMBERS 1 'A I A .6N\06\& * I' • Motion All Ayes • is x CITY OF NEWPORT BEACH MINUTES March 28, 1988 Council Member Sansone expressed his concern with regard to the construction phasing program for Pelican Hills Road, to which the staff attempted to clarify. Council Member Strauss commented that the City should evaluate certain provisions of the Land Use Plan, such as affordable housing, neighborhood park requirements, and fire suppression facilities at the time of, or subsequent to annexation, to which the Council indicated they were in agreement. Following discussion, motion was made to adopt Resolution No. 88 -21, amending the Res 88 -21 Land Use., Circulation and Recreation, and Open Space Elements of the Newport Beach General Plan for the Downcoast Newport Beach Area (Irvine Coast); and adopt Resolution No. 88 -22, amending the Res 88 -22 Land Use Plan of the Newport Beach Local Coastal Program to establish a land use plan for the Downcoast Newport Beach Area. 3. Mayor Cox opened the public hearing Acq Prop/ regarding RIGHT -OF -WAY ACQUISITION FOR PCH Widng WIDENING COAST HIGHWAY FROM JAMBOREE Jamboree - ROAD THROUGH BAYSIDE DRIVE. Bayside Dr (73) Report from Public Works Department, was presented. Letter from Gerald E. and Victoria C. Lester regarding just compensation to those having an interest in said property, was presented. The Public Works Director summarized the staff report noting that there are three principal elements of the right- of-way needed for the project: (1) The underlying ownership by The Irvine Company; (2) master leasehold interest in DeAnza Bayside Village by DeAnza Assets Corporation; and (3) mobile home sub - leases held by the individual mobile home owners. The Irvine Company's underlying ownership interest was conveyed to the City at no cost, with acceptance by the Council on February 8, 1988. An offer to purchase the DeAnza Assets master leasehold interest was made on February 4, 1988. DeAnza has not accepted the City's offer to date. Twenty -two (22) of the twenty -five (25) mobile homes have Volume 42 - Page 104 • • CITY OF NEWPORT BEACH COUNCIL MEMBERS G ,-�G�9G�J Hof9G�,9G�� March 28, 1988 been acquired. Three (3) mobile home owners have not accepted the City's offer to date. MINUTES In consideration of the project, the Public Works Director detailed the findings with regard to the manner and necessity for acquiring the subject property, as listed in the staff report. The Public Works Director stated that the three (3) mobile home property owners, who have not agreed to the City's purchase price so far, are dissatisfied with the offer for the property; two of the owners are ineligible for relocation assistance; and the third owner has a complication with relocation assistance. It was emphasized by the Public Works Director that tonight's public hearing was not for the purpose of determining the adequacy of compensation for the purchase of the subject property, but solely for the purpose of adopting a resolution of necessity for eminent domain and for making the findings necessary to adopt that resolution. Paul Morgan, 660 Newport Center Drive, Attorney representing Sharon A. Stickley, Mobile Home Space No. 219, addressed the Council and stated that his client takes exception to Finding No. 4 (offer of just compensation), and suggested a second appraisal be completed on the property prior to the Council making the findings at this time. He stated that he has only been able to obtain a summary of the appraisal, which he felt doesn't take into account the amenities available and location of the property; and therefore, he does not feel "just compensation" has been offered. With regard to compensation for the three properties in question, the Public Works Director advised that there have been some offers made above the initial appraisal, with the State's concurrence, and those negotiations can continue during the next several months. Donald Drew, Legal Counsel for Eminent Domain Condemnations, addressed the Council and stated that eminent domain cases are entitled to preference in the eyes of the court, and are brought to trial, when necessary, within 12 to 18 months. Volume 42 - Page 105 Acq Prop/ PCH Widng COUNCIL MEMBERS Motion All Ayes • • X CITY OF NEWPORT BEACH MINUTES March 28, 1988 Jerry Lester, owner of Mobile Home Space Acq Prop/ No. 235, addressed the Council and PCH Widng stated that he was told he did not qualify for relocation assistance, inasmuch as he was not an owner- occupant for at least 180 days. He stated he moved from DeAnza Mobile Home Park because he got married and no children are allowed at the park. He questioned if the Council had the authority to waive the 180 day occupancy requirement, to which the Public Works Director replied in the negative. Mr. Lester asked Mr. Drew various questions regarding the initial offer of compensation he received for his property and subsequent offer, and following discussion, the public hearing was closed. Motion was made to: (a) Make findings relative to the fact that the public interest and necessity require the proposed project; and that the proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; that the property sought to be acquired is necessary for the project; and that an offer of just compensation has been made to those having an interest in said property; and (b) Adopt a Resolution of Necessity No. Res 88 -23 88 -23 to condemn property for purposes of widening Coast Highway from Jamboree Road through Bayside Drive; and (c) Direct staff to proceed to file eminent domain action with the court. 4. Mayor Cox opened the public hearing PW /Curbs 6 regarding CONSTRUCTION OF CURBS AND Gutters GUTTERS ON 22ND STREET BETWEEN TUSTIN 22nd St/ AVENUE AND IRVINE AVENUE. Tustin /Iron (74) Report from Public Works Department, was presented. The Public Works Director distributed photographs depicting pavement narrowing, pavement failure problems, drainage problems, etc., for the area under consideration. Volume 42 - Page 106 COUNCIL MEMBERS y � `PA� C� �9G ., A Motion All, Ayes • Motion All Ayes • Motion All Ayes • x x X CITY OF NEWPORT BEACH MINUTES March 28, 1988 Hearing no one wishing to address the Curbs & Council, the public hearing was closed. Gutters/ 22nd St/ Motion was made to direct the staff to Tustin /Iron continue the process of constructing curbs and gutters using the procedure of Chapter 27 of the Improvement Act of 1911. 5. Mayor Cox opened the public hearing Towing /R &B regarding CERTIFICATE OF CONVENIENCE AND (70) NECESSITY PURSUANT TO NEWPORT BEACH MUNICIPAL CODE SECTION 5.13.060 FOR R & B TOWING, 12 Alba E., Irvine, CA 92720. Report from Business License Supervisor, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to uphold staff's recommendation and grant subject certificate to R & B Towing. 6. Mayor Cox opened the public hearing Towing/ regarding CERTIFICATE OF CONVENIENCE AND Emerald & NECESSITY PURSUANT TO NEWPORT BEACH Auto Trnsp MUNICIPAL CODE SECTION 5.13.060 FOR (70) EMERALD TOWING AND AUTO TRANSPORT, 1512 E. Bristol, Santa Ana Heights, CA 92707. Report from Business License Supervisor, was presented, noting that the applicant added an additional vehicle to the application on March 14, which has not yet been inspected by the Police Department, and in view of the foregoing, recommended that the hearing be continued to April 25, 1988 to allow the additional vehicle to be inspected. Joseph Caouette of Emerald Towing, addressed the Council and stated that one of his vehicles has already been inspected and approved; however, the second vehicle is in the process of being rebuilt and in the paint shop at the present time. Hearing no others wishing to address the Council, the public hearing was closed. Following consideration, motion was made to approve a Certificate of Convenience and Necessity for Emerald Towing and Auto Transport, contingent upon staff's approval of all vehicles referred to in subject application. Volume 42 - Page 107 COUNCIL MEMBERS ion Ayes E • x CITY OF NEWPORT BEACH MINUTES March 28, 1988 E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on April 11, 1988: (a) Proposed ORDINANCE NO. 88 -9, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 7.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PENALTIES FOR DOG VIOLATIONS (Report from the City Attorney) 2. RESOLUTIONS FOR ADOPTION: Ord 88 -9 Dog Violtn Penalties (40 ) (a) Resolution No. 88 -24 amending Annexatn/ Resolution No. 87 -168 to request LAFCO LAFCO to amend SPHERE OF INFLUENCE Crystal Cv to include all of Crystal Cove State Pk State Park. (Report from Executive Res 88 -24 Assistant to the City Manager) (21) (b) Removed from the Consent Calendar. 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2663 to Oasis Clsrm Coastline Construction of Laguna Cnstr Hills in the total amount of C -2663 $118,800 for Oasis Classroom (38) Construction; and authorize the Mayor and City Clerk to execute subject contract. (Report from Public Works Department) (b) Award Contract No. 2684 in the amount of $98,640 to Sierra Pacific Electrical Contracting, Riverside, CA, for Installation of Traffic Signals and Safety Lighting at the Intersection of Newport Center and San Miguel Drives. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: Trfk Sgnl Instl /Lgtg Npt Ctr /San Miguel Dr C -2684 (38) (a) To Fire Department, Newport Beach and Fire Dpt Balboa Island Paramedics, for (41) inclusion in the records, letter of thanks in helping the William A. Howard family in time of emergency. Volume 42 - Page 108 COUNCIL MEMBERS . 16000V-1% • 0 • CITY OF NEWPORT BEACH MINUTES March 28, 1988 (b) To Business License for reply, Bus License letter from Diana Moore regarding (27) the alleged dangerous lack of reflective or luminescent markings on large refuse bins parked on the streets during construction. (c) To Traffic Affairs Committee for reply, petition from residents in the Seaview Lutheran Plaza, Corona del Mar, requesting that the crosswalk be reinstated on Pacific View Drive, at or near the main sidewalk where the bench is. (d) To Fire Department for inclusion in the records, letter from Ken Ross, Manager of Canyon Crest Estates, thanking them for their fine service to the citizens of the area, during flooding of B10 Crest Circle. TAC (85) Fire Dpt (41) (e) To Traffic Affairs Committee for TAC reply, letter from Mike Delavan, (85) expressing his concern regarding possible placement of a stop light at the corner of 5th and Marguerite Avenue. (f) Removed from the Consent Calendar. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Removed from the Consent Calendar. 6. CLAIMS FOR DAMAGES - For denial and �(36) confirmation of the City Clerk's referral to the claims adjuster: (a) Janet Fagner for personal injuries, etc., sustained as a passenger in boat motoring in Newport Harbor that hit alleged unlighted /unmarked buoy on the waters of Newport Harbor on December 19, 1987. (b) Herbert Frank alleging personal injuries as a result of fall on sloped walkway area in front of Rodeway Inn, on southeast corner of Prospect and Pacific Coast Highway on February 4, 1988. (c) Donald Jana alleging yellow water �Jans truck hit his car causing damage to rear left wheel well on Newport Beach Pier at December 15, 1987. Volume 42 - Page 109 COUNCIL MEMBERS CITY OF NEWPORT BEACH March 28, 1988 MINUTES (66) (d) Steven Christoper Loucks alleging Police officers left abandoned vehicle parked on side of road southbound on Marguerite Avenue without flares to warn traffic, resulting in claimant hitting same, • causing injuries and property damage to his vehicle on January 23, 1988. (e) Roger Loucks alleging personal injuries as a result of Steven Christopher Loucks colliding with abandoned vehicle on side of road southbound on Marguerite, alleging Police officers left abandoned vehicle on side of the road without flares to warn traffic on January 23, 1988. For rejection: (f) LATE CLAIM of Joan M. Thomassen alleging vehicle was towed in error by City Police Department on River Avenue on November 27, 1987. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: • (a) Lisa & Kyle Hunt, Superior Court Case, No. 549304 for personal injury and premises liability. Original claim was denied by the City Council on August 24, 1987. (b) Elly Christina McKeever, Superior Court Case, No. 550350 for personal ' injuries and damages. Original claim was denied by the City Council on September 28, 1987. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Refuse Worker I, Refuse Division. (b) One Refuse Inspector, Refuse Division: (c) One Maintenance Worker I (Concrete Crew), Field Maintenance Division. (d) One Equipment Operator II, Field Maintenance. (e) One Librarian, Library Department. Volume 42 - Page 110 (66) • • CITY OF NEWPORT BEACH COUNCIL MEMBERS d• ti G r �G��� of �$5 March 28, 1988 u , 'P 9. 10 MINUTES (f) One Library Support Clerk, Library Department. (g) One Police Officer, Police Department. (h) One Library Clerk II, Library Department. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Letter from Michael E. Parker with PD check (donation to the City) in the (70) amount of $5,088 for cost of REPLACING CANINE CORPS POLICE DOG. I (b) Report from Arts Commission to amend Council Policy F -20, RESERVE FOR CULTURAL ARTS. For Council information and filing: (c) Removed from the Consent Calendar. PUBLIC HEARING SCHEDULING - For April 11, 1988: (a) GENERAL PLAN AMENDMENT 88 -1(B) - A proposal of the City of Newport Beach to amend the LAND USE ELEMENT of the General Plan, adding a specific area description for the CITY CORPORATION YARD (currently designated for "Governmental, Educational and Institutional Facilities ") so as to allow a REFUSE RECYCLING /TRANSFER STATION on the site. (Report from the Planning Department) 11. VARIANCE NO. 1139 - Approve a Variance Agreement guaranteeing repair of all damage to public improvements caused by the construction of the residence at 2717 Shell Street; and authorize the Mayor and the City Clerk to execute subject agreement. (Report from the Public Works Department). 12. RESUBDIVISION NO. 850 - Accept the offer of dedication of a 10' radius corner cut -off at the intersection of Carnation Avenue and Second Avenue; and approve a subdivision agreement guaranteeing completion of public improvements required with Resubdivision No. 850; and authorize the Mayor and the City Clerk to execute subject agreement. (Report from the Public Works Department) Volume 42 - Page 111 Council Policy (69) GPA 88 -1(B) (45) Variance 1139 Resub 850. COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES March 28, 1988 13. USE PERMIT NO. 3161 (NEWPORT RESORT HOTEL) - Accept the public improvements constructed in conjunction with Use Permit No. 3161; and authorize the City Clerk to release the faithful performance surety (Certificate of Deposit No. 52- 14072 -0) and release the labor and materials surety (Certificate of Deposit No. 52- 14073 -8) in six months provided no claims have been filed. (Report from the Public Works Department) 14. RESUBDIVISION NO. 834 [221 Via Koron] - Accept the public improvements constructed in conjunction with Resubdivision No. 834; and authorize the City Clerk to release the faithful performance surety (Certificate of Deposit No. 1495); and authorize the City Clerk to release the labor and materials surety (Certificate of Deposit No. 1497) in six months provided no claims have been filed. (Report from the Public Works Department) 15. RESUBDIVISION NO. 840 (NEWPORT JAGUAR) - Approve an agreement for non - standard improvements in Resubdivision No. 840 with West Gilchrist Associates, A California Partnership; and authorize the Mayor and the City Clerk to execute subject agreement and record same. (Report from the Public Works Department) 16 OCEAN FRONT SIDEWALK REPAIR 1987/88, PHASE I (C -2532) - Approve the plans and specifications; and authorize the 'City Clerk to advertise for bids to be opened at 11:00 a.m. on April 14, 1988. (Report from the Public Works Department) 17. SPECIAL EVENT PERMIT - Uphold staff's recommendation for approval [subject to conditions listed in the staff report] for the following: (a) Application No. 87 -295 - Use of City Streets by the Ford Aerospace Corporation for the annual "Spring Tune -Up" run, 7:00 a.m. to 10:00 a.m., Saturday, May 7, 1988. (b) Removed from the Consent Calendar - Application No. 87 -445. Volume 42 - Page 112 J/P 3161 (88) 834 (84) 840. (84) Ocean Frnt Sdwlk Rpr '87/88 PhI C -2532 (38) Permits /Spcl Events (65) Apli 87 -295 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ti O d G 9G �G�� �� O� 9 GAF March 28, 1988 ROLL CALL 00 INDEX (c) Application No. 88 -070 - Use Apli 88 -070 of amplified sound for Julia Cross and Rudy Chavira wedding ceremony at the Gazebo in Penninsula Park, 5:30 to 6:45 p.m., Saturday, April 16, • 1988. (d) Application No. 88 -073 - Use Apli 88 -073 of public beach for a kayak demonstration and display by California Kayak friends at the Newport Aquatic Center Beach, 10:30 a.m. to 4:30 p.m., Saturday, May 14, 1988. (e) Removed from the Consent Calendar - Application No. 88 -091. 18. BUDGET AMENDMENTS - For approval: (25) BA -069, $750 - Transfer in Budget Appropriations for purchase of photograph (Eagle); City Manager- Special Departmental Expense. BA -070, $2,000 - Transfer in Budget Appropriations for contribution to the Outer Continental Shelf Local Government • Coordination Program, administered by Santa Cruz County for consulting services; Nondepartmental - Services, Professional, Technical Fund, BA -071, $12,970 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for Federally Adopted Forfeiture Fund Budget for fiscal year 1987 -88. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed resolution rescinding CalTrans Resolution No. 83 -53, and approving East Prpop / direct access to Pacific Coast Highway PCH from the former CalTrans East property, (74) was presented with report from Public Works Department. Thomas H. Orlando, representing Balboa Coves, addressed the Council and requested the subject item be delayed until their association is brought into the decision making process. He stated they would like to review the EIR as • they have only seen the sound study. He Volume 42 - Page 113 COUNCIL MEMBERS CITY OF NEWPORT BEACH March 28, 1988 MINUTES Permit /Spcl Events Apli 87 -445 (65) C /Aty Ltgtn (31) stated they feel a traffic signal will increase the noise level; bring attention to their community; and they . would like to analyze all impacts prior to final City Council approval. on x In view of the foregoing, motion was Ayes made to defer action on this item to April 11, 1988. 2. Special Event Permit Application No. 87 -445 - Use of parking lot at Corona del Mar State Beach by the National Foundation for the Awareness of Compulsive Eating, 6:00 a.m. to Noon, . Sunday, May 1, 1988, was presented with report from the Business License Supervisor. Motion x Motion was made to approve the subject All Ayes application, with the provision that no sound amplification be allowed prior to 9:00 a.m. on the day,of the event, 3. Letter from City of Irvine Mayor soliciting support in litigation challenging three development agreements recently approved by the Orange County Board of Supervisors [Bear Brand DA87 -2, Marina Hills DA87 -3, Aliso Viejo DA87 -9] • with regard to the resulting negative impact on traffic circulation throughout o Orange County, was presented. Council Member Strauss discussed the request and indicated he felt the City has an interest in this issue, and stated he would like comments from the Council. Council Member Turner indicated he did not see how the City was involved in the subject development agreements, stating that if the Council were to appropriate monies for the subject request and be involved in that particular lawsuit in areas where the City has no interest or jurisdiction, he felt it could be in conflict with what the Council is attempting to achieve in the downcoast area. He stated he felt the City of Irvine should proceed on its own. Mayor Cox stated he concurred with Council Member Turner, commenting that he does not support the County Initiative, and does not feel it could • solve the traffic problems. He added that whatever lawsuits are being attacked relative to the development Volume 42 - Page 114 Permit /Spcl Events Apli 87 -445 (65) C /Aty Ltgtn (31) COUNCIL MEMBERS. �0 '\ • CITY OF NEWPORT BEACH Motion x Ayes x x x Noes x x Abstain x 0 Motion All Ayes Motion All Ayes x x MINUTES March 28, 1988 agreements might.have an impact on Newport Beach, as the San Joaquin Hills Corridor is a vital transportation link that impacts this City, and there is a very serious question whether any of the corridors can be constructed if the Initiative passes. Mayor Pro Tem Hart commented that she felt the County needs some type of growth control, and from what she has heard, the Initiative could pass by a 4 to 1 vote. With regard to the subject development agreements, she stated that she has not seen any of the documents, and therefore, could not support the request and would abstain from voting on this item. Council Member Strauss stated that he disagreed with Council Member Turner's comment with regard to the City not having an interest in this issue, and following comments, moved that the City Attorney and City Manager look into the subject three development agreements (Bear Brand /Marina Hills /Aliso Viejo) recently approved by the 0. C. Board of Supervisors, and report back on April 11 or 25, 1988. 4. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION AT ITS MEETING OF MARCH 10, 1988, was presented. Motion was made to schedule public Resub 862 hearing and Council review on (Cliff Dr) Resubdivision 862.(Cliff Drive Park) on April 11, 1988; and to receive and file Plug Cmsn the remaining Planning Commission Agenda (68) items. 5. Special Event Aplication No. 88 -091 - Permit /Spcl Use of public beach adjacent to the Event Balboa Pier by the Balboa Improvement Apli 88 -091 Association for an "Around the Pier Swim Competition," at 10:00 a.m., on April 17, 1988, was presented, with report from the Business License Supervisor. Staff advised that the applicant had withdrawn his request, and therefore, motion was made to receive and file the subject application. 6. Letter from Mrs. Howard Kloppenburg, COMCAST complaining of poor quality of CATV (42) Volume 42 - Page 115 CITY OF NEWPORT BEACH COUNCIL MEMBERS March 28, 1988 0 Motion All Ayes • x M 1 MINUTES transmission and reception of COMCAST COMCAST Cablevision on the lower channels, was CATV presented. Sonia Kloppenburg, 777 Domingo Drive, addressed the Council and stated that she wrote the referenced letter due to her concerns of the quality of cable transmission in her area, which has been very distorted for some time. Since COMCAST Cablevision raised their rates, she felt it appropriate to advise the City of the problems she encountered. She stated, however, that shortly after writing her letter to the City, the cable company contacted her and are to be at her home tomorrow to service the problem. She also advised that just recently, the quality of her reception has improved greatly. She suggested that the City Council make their feelings known to COMCAST as to how important it is to provide good service to their subscribers. Motion was made to refer the subject letter to the Executive Assistant to the City Manager for reply. ORDINANCES FOR ADOPTION: Proposed ORDINANCE NO. 88 -6, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE REGARDING AMATEUR RADIO ANTENNAS (PLANNING COMMISSION AMENDMENT NO. 627), was presented for second reading with recycled report dated March 14, 1988, from the Planning Department. The City Clerk advised that after the agenda was printed, a petition was received signed by approximately 65 residents, concerned over the impact a 75' antenna would create. In response to question raised by Council Member Maurer regarding the '75' height limit, the City Attorney advised that 75' is important for full functioning of amateur radio antenna equipment, as it allows for an adequate range of communications, especially for those users that are more expert than the novices. Also, the 75' height limit is consistent with the equipment that is available to the amateur radio operator and licensee on the open market. He Volume 42 - Page 116 Ord 88 -6 Amateur Radio Antennas (94) • CITY OF NEWPORT BEACH COUNCIL MEMBERS 9Gv vG9��► March 28, 1988 MINUTES stated that after careful study and Ord 88 -6 consideration, he felt the 75' height Amateur limit could be defended in court. Radio The City Attorney further stated that Antennas the City Council is taking the action proposed because the Federal Communications Commission (FCC) established a preemption rule limiting cities' power to regulate amateur radio antennas. In the decision of the FCC, they specifically declined to adopt any rule which would affect CC &R's and the application of those CC &R's to amateur radio antennas. According to the FCC ruling, homeowner associations are still empowered to enforce restrictions against antennas to the extent permitted by the regulations applicable to that homeowner association. Barry Collison, 1101 Essex Lane, addressed the Council in opposition to the proposed ordinance, particularly the 75' height limit. He stated that antennas are stark; austere in appearance; and a 75' antenna is equal to a seven and one -half story building, which is incompatible in a residential area. He also stated that a 75' antenna interferes with skylines and views enjoyed by residents, is noisy, interferes with television reception, and decreases adjacent property values. He stated he felt the height limit of 75' was unreasonable, and that the City Council has a responsibility to protect homeowners' property values. Grenada Collison, wife of Barry Collison, addressed the Council and stated that she is a real estate broker and she wished to make the Council aware of a possible adverse effect radio antennas have on residential property. She stated they have an instance in their neighborhood where a property owner lost several prospective buyers for his property due to a 75' radio antenna next door. She cited California Civil Code Section 1102, which states that "a homeowner has to provide a prospective buyer with a real estate transfer disclosure statement" effective January 1, 1987, and question (c) on said statement asks the seller "if he/she is aware of any neighborhood noise or other nuisances." If the answer is "yes," then the seller must give a description of that nuisance. She also stated that she felt it was a great expense to place utilities Volume 42 - Page 117 COUNCIL MEMBERS S � G4►y CG 4A� �t �y • • CITY OF NEWPORT BEACH MINUTES March 28, 1988 underground and then "decorate" a neighborhood with 75' antennas. In response to the above, the City Attorney reiterated that the City Council has limited power to regulate amateur radio antennas as the City must reasonably accommodate the needs of the ham radio operator. He pointed out that the 75' height limit is a maximum and the antenna can only be raised to that height when in operation, and must be lowered to 28' when not operating. He stated that the ordinance under consideration gives the City Council the maximum power granted to it by the FCC. In conclusion, he stated it is the staff's opinion, that the subject ordinance is as stringent as possible without running the risk of being able to afford no protection at all to residents not covered by homeowner association CCBR's. He further stated that the proposed ordinance is consistent with the regulations adopted by other neighboring cities. Glen Nelson, 1300 Cambridge Lane, addressed the Council in opposition.to the ordinance. He stated that he does not pay mandatory dues to his association in order that their association could "fight" the ordinance as a group. He urged the Council to view a 75' antenna prior to adopting the ordinance. He also questioned if Council Member Sansone would have to disqualify himself from voting on this issue, inasmuch as he is a ham operator, to which the City Attorney replied in the negative. Dr. Wayne Overbeck, Professor of Communications at California State University, Fullerton, addressed the Council and stated he was also a licensed real estate broker, and referred to a study done in Ohio on the effect of amateur radio antennas on residential property in terms of resale value, and stated it was found that there was no significant decrease in property values to homes adjacent to amateur radio antennas. He also indicated that a 75' antenna is needed for reliable long - distance communication. Volume 42 - Page 118 Ord 88 -6 Amateur Radio Antennas COUNCIL \yF�� • Motion All Ayes 41ion All Ayes Motion All Ayes • x X CITY OF NEWPORT BEACH x MINUTES March 28, 1988 Grenada Collison addressed the Council again, referencing the study done in Ohio, and pointed out that lot sizes in Newport Beach are considerably smaller than those in Ohio, and a 75' antenna does create a hardship on the neighborhood. Following comments, motion was made to adopt ORDINANCE NO. 88 -6, as presented. Council Member Turner requested that the ordinance be adopted at this time, with the understanding that staff will take a second look at it, and report back their findings in 60 days. Council Member Sansone accepted the foregoing suggestion and the motion as amended, was voted on and carried. 2. Proposed ORDINANCE NO. 88 -7, being, Ord 88 -7 Annexation AN ORDINANCE OF THE CITY COUNCIL OF Fees THE CITY OF NEWPORT BEACH REPEALING (21) SECTION 3.13 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO ANNEXATION FEES, was presented with recycled report dated March 14, 1988, from the City Attorney. Motion was made to adopt Ordinance No. 88 -7. 3. Proposed ORDINANCE NO. 88 -8, being, Ord 88 -8 Flood Damage AN ORDINANCE OF THE CITY COUNCIL OF Prvntn THE CITY OF NEWPORT BEACH AMENDING (26) CHAPTER 15.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PREVENTION, was presented with recycled report dated March 14, 1988, from the Building Department. Motion was made to adopt Ordinance No. 88 -8. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: None. Volume 42 - Page 119 0 • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES March 28, 1988 Meeting adjourned at 10:20 p.m. ATTEST: J���� City Clerk The agenda for this meeting was posted at 10:07 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 0 Volume-42 - Page 120