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HomeMy WebLinkAbout04/11/1988 - Regular MeetingCOUNCIL MEMBERS 11, Q`G F,p s G Present x x Absent Motion Ao x A fined x Motion All Ayes • Motion All Ayes • IX x x x x CITY OF NEWPORT BEACH X X X x x x x REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: April 11, 1988 A. ROLL CALL. MINUTES B. Reading of Minutes of Meeting of March 28, 1988, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding 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, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 88 -25, amending the Land Use Element of the General Plan by adding a specific area description for the City Corporation Yard so as to allow a refuse recycling /transfer station on the site. 2. Mayor Cox opened the public hearing and City Council review of appeal by DR. JAN VANDERSLOOT, Newport Beach, from the approval of the Planning Commission on March 10, 1988, of RESUBDIVISION NO. 862, a request of HAL WOODS, Costa Mesa, to resubdivide two existing parcels of land into four parcels for single - family residential development, and the acceptance of an Environmental Document. Property located at 2919 Cliff Drive in Newport Heights; zoned R -1 and R -3. Report from the Planning Department, was presented. Appeal Application from Dr. Jan D. Vandersloot, was presented. Letter from Don Williams opposing project, was presented. Volume 42 - Page 121 GPA 88 -1(B) Cty Corp Yd Rfs Rcyclg Tsfr Station (45) (84) 88 -25 EM COUNCIL MEMBERS \�9 t • Motion All Ayes Motion All Ayes • X 13 CITY OF NEWPORT BEACH MINUTES April 11, 1988 The City Clerk advised that after the agenda was printed, Dr. Vandersloot submitted a 71 -page packet of information relating to the project. In addition, eight letters were received in opposition to the proposal, and one letter was received in support. The City Clerk further reported that on this date, a letter was received from Hal Woods, architect for the project, requesting the public hearing be continued to April 25, 1988. In view of the foregoing, motion was made to continue the subject hearing to April 25, 1988. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing April 25, 1988: (a) Proposed ORDINANCE NO. 88 -10, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH TO AMEND TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PERMIT THE INSTALLATION OF BOAT CRANES ON PROPERTY WITH MARINE- ORIENTED USES IN EXCESS OF PERMITTED HEIGHT LIMITS WITHOUT THE REQUIREMENTS OF SECURING A USE PERMIT OR A VARIANCE; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 660). (Report from Planning Department) 2. RESOLUTIONS FOR ADOPTION: Ord 88 -10 Zoning/ Instln Boat Crns um-r-111 (a) Resolution No. 88 -26 dedicating PCH Widng/ City property to public use for Npt B1 & public street and highway purposes. Highland St (Report from Public Works Res 88 -26 Department) 1(74) Volume 42 - Page 122 COUNCIL MEMBERS �I I C CITY OF NEWPORT BEACH MINUTES April 11, 1988 (b) Resolution No. 88 -27 supporting proposed legislation for Congressional authorization to line portions of the All American Canal and the Coachella Branch. (Memorandum from Utilities Director) 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2646 to Nobest, Inc., for $125,397.75, for Miscellaneous Construction in Corona del Mar; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To Utilities Department for reply, letter from Harbor Ridge Crest Maintenance Association opposing the alleged proposed San Joaquin Reservoir covering. (b) To Public Works Department for report back, letter from Mr, and Mrs. K. P. Wallace and John K. Lake, requesting approval for width of driveway repair and beautification on the south side of Ocean Boulevard, between Heliotrope and Jasmine Streets. (c) To City Manager for inclusion in the records, letter from Bill Coop expressing favorable approval of the general appearance of the City of Newport Beach during his recent visit. (d) To Planning Department for response, concerns and suggestions from the Corona Highland Property Owners Association regarding updating the City's'General Plan, and the areas of the Ming Dynasty site; 76 Station by Buck Gully; the Kirkwood Motel; and the CoroLido Apartments. (e) To Public Works Department for response, letter from Ben Koontz requesting reconstructing of the drains from 32nd Street to Prospect, citing traffic - slowing hazard at each intersection. Volume 42 - Page 123 Utilities/ All American Canal Res 88 -27 (89) Misc Cnstr: CdM /Nobest_ C -2646 (38) Utilities (89) PW (74) City Mgr (34) Planning (68) PW (74) COUNCIL MEMBERS G� gG yyp nom `p�� c: • • CITY OF NEWPORT BEACH MINUTES April 11, 1988 (f) To Planning Commission for PlanningCmsn consideration, letters opposing the (68) Emerald Associate Project, (Use Permit No. 3312] from Stanley R. Winter, Marilyn J. Gill, Spencer Crump, Marjorie M. Garmon, and Alice Brewer. Note: After the agenda was printed, 13 additional letters of opposition were received. (g) To Public Works Department for PW reply, letter from Dr. Jan D. (74) Vandersloot opposed to the proposed Avon Street parking lot for ecological and environmental reasons. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Associated Transportation Service seeking compensation from City based upon alleged misconduct by City employees on March 22, 1988. (b) Linda Bray and Cinda Coulter alleging arrest without warrant or probable cause on December 22, 1987, near parking lot of Ford Aerospace on Jamboree Road. (c) Dr. Wallace Cheng, et al, alleging damage to vessels LIL RASCAL, GAEA, PSALTY V; vertical anchor piling owned by Bill Blurock, and 16' dinghy due to strong winds, etc., (Mooring Number H38) on December 12 and 14, 1987. (d) Barbara Roy alleging personal injuries as a result of bicycle accident at 15th Street and West Balboa Blvd., on January 28, 1988. (e) Dick and Diana Rubottom alleging plumbing backed up causing flooding of two bathrooms at 4509 Surrey Drive on February 24, 1988. (36) /Coulter (f) Douglas A. Starr alleging damages Starr as a result of being cited for obstructing the sidewalk in Newport Beach on September 7, 1987; seeking reimbursement of attorney fees. Volume 42 - Page 124 COUNCIL MEMBERS 'F.• • CITY OF NEWPORT BEACH MINUTES April 11, 1988 (g) Steve Stone alleging City refuse truck hit passenger side of his vehicle at 400 block of Canal Street on January 25, 1988. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Jeffrey Harbison for Violation of Civil Rights, False Imprisonment, False Arrest, etc., Orange County Superior Court, Case No. 548253. Claim was denied by City Council on August 10, 1987. (b) Kent G. Hindes for Damages and Personal Injuries, Orange County Superior Court, Case No. 517161. Claim was denied by City Council January 12, 1987. (c) Vickie Louise Parsons, Wrongful Death, Orange County Superior Court, Case No. 540443. Claim was denied by City Council August 24, 1987. (d) Edward J. Stone for Negligence and False Imprisonment, Orange County Superior Court, Case No. 102309. Claim was denied by City Council on October 15, 1985. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Executive Secretary, Utilities Department. (b) One Electrician II, Utilities Department. (c) One Maintenance Worker I (Asphalt Crew), Field Maintenance Division. (d) One Maintenance Worker II (Asphalt Crew). Field Maintenance Division. (e) One Refuse Worker II, Refuse Division. (f) One Administrative Clerk, Public Works Department. (g) One Marine Safety Officer, Marine Department. (h) One Marine Safety Lieutenant, Marine Department. Volume 42 - Page 125 Stone (36.) (66) COUNCIL MEMBERS y � CITY OF NEWPORT BEACH April 11, 1988 9. 10. • ll. 12. • MINUTES STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memorandum from Board of Library Trustees regarding ACCEPTANCE OF GIFT FROM HARRY & GRACE STEELE FOUNDATION. For Council information and filing: (b) Removed from the Consent Calendar. (c) Notice of public hearing from Orange County Board of Supervisors on proposed DEVELOPMENT AGREEMENT FOR DOWNCOAST AREA, APRIL 13, 1988, 9:30 a.m., Board Hearing Room, Hall of Administration, Santa Ana. PUBLIC HEARING SCHEDULING - For April 25, 1988: (a) LOCAL COASTAL PROGRAM AMENDMENT NO. 12 - A request of JAMES C. MANNING, Newport Beach, to amend the LOCAL COASTAL PROGRAM, LAND USE PLAN, so as to redesignate property located at 3841 OCEAN BIRCH DRIVE, in the Spyglass Ridge residential area, from "Recreational and Environmental Open Space" to "Low- Density Residential." (Report from the Planning Department) (b) APPLICATION FOR 1988/89 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. (Report from Planning Department) NEWPORT HEIGHTS ALLEY & 31ST STREET IMPROVEMENTS (CONTRACT NO. 2470) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from the Public Works Department) JAMBOREE ROAD WIDENING /COAST HIGHWAY TO BACK BAY DRIVE (CONTRACT NO. 2564) - Accept the work; authorize the City Clerk to file a Notice of Completion; and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable portions of the Civil Code and assess liquidated damages in the amount of $10,900. (Report from the Public Works Department) Volume 42 - Page 126 (50) Bd Supry cst /Dvlp (68) (87) 9pt Hghts klley /31st Imprvms -2470 (38) Jamboree Rd Widng /PCH- Bckbay Or C -2564 (38) COUNCIL MEMBERS S A M�� G • • C CITY OF NEWPORT BEACH MINUTES April 11, 1988 13. AMETHYST AND OPAL AVENUES STORM DRAINS (CONTRACT NO. 2584) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from the Public Works Department) 14. UPPER NEWPORT BAY SEDIMENT CONTROL AND RESTORATION PROJECT AND UPPER NEWPORT BAY WATER TRANSMISSION MAIN CROSSING (CONTRACT NO. 2483) - Accept the work; authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from the Public Works Department) 15. ENCROACHMENT PERMIT - If desired, uphold staff's recommendation and approve the application, subject to the conditions in the staff report for request of MAX MORGAN for 18 foot -wide driveway on 30th Street for 3004 West Oceanfront. (Report from the Public Works Department) 16. ENCROACHMENT PERMIT - If desired, uphold staff's recommendation and approve the issuance of application of HARRY WESTOVER of 2301 Pacific Drive to construct planters, patios, retaining walls and stairs within the Pacific Drive Parkway adjacent to said property; and authorize the Mayor and City Clerk to execute said agreement and have it recorded with the Orange County Recorder. (Report from the Public Works Department) 17. RESUBDIVISION NO. 857 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 857 on property located at 701 Lido Park Drive on the northerly side of Lido Park Drive, Lido Peninsula; and authorize the Mayor and City Clerk to execute said agreement. (Report from the Public Works Department) Volume 42 - Page 127 Opal Av Strm Drns C -2584 (38) Upr Npt Bay Sdmnt Cntrl/ Rstratn Prj/ Wtr Trnsmsn C -2483 (38) (65 (65) (84) t/ t/ Fi. .1l CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y n d+ � rG,P fG YPA o� s�9,9 9y vG � � Gs % 9� April 11, 1988 '.. ROLL C LL � s IND X 18. WEST NEWPORT PARK CONSTRUCTION (CONTRACT WNpt Prk NO. 2537) - Authorize the Mayor and City Cnstr Clerk to execute a Grant of Easement to C -2537 SOUTHERN CALIFORNIA EDISON COMPANY for a (38) . • portion of the subject site for the purposes of serving power to the park. (Report from the Public Works Department) 19. BOARD OF LIBRARY TRUSTEES VACANCY - Library Bd Accept with regret the resignation of Ed Vcncy Conn from the Library Board; City Clerk (24) _ to process permaplaque Certificate of Appreciation [vacancy listed on June 30, 1988 expiration list]. 20. SPECIAL EVENT PERMITS - Uphold staff's Permit/ recommendation for approval, subject to Spcl Evnts conditions listed in the staff report (65) for the following: (Report from Business License Supervisor) (a) Application No. 87 -393 - Apli#87 -393 Temporary road closure of Back Bay Drive for OASIS Senior Center Walk 8 Jog on Saturday, May 14, 1988, from 6:00 a.m. to 8 :00 a.m. (b) Application No. 88 -080 - Apliii88 -080 Temporary road closure of Back Bay Drive for the Orange County Association for Mental Health Run on Sunday, May 22, 1988, from 7:00 a.m. to 10:00 a.m. (c) Application No. 88 -081 - Apliii88 -081 Temporary street closure for Corona del Mar High Run May 22, 1988, from 7:30 a.m. to 9:30 a.m. (d) Application No. 88 -087 - use Apliii88 -087 of the public beach adjacent to the Balboa Pier Parking Lot by the Muscular Dystrophy Association for a Volleyball Tournament on Saturday, April 30, 1988, from 8:00 a.m. to 6:00 p.m. 21. BUDGET AMENDMENTS - For approval: (25) BA -072, $3,000 - Transfer in Budget Appropriations for three City signs; General Services - Special Departmental • Supplies Fund. (Memo from General General Sry Services Director) (44) Volume 42- Page 128 CITY OF NEWPORT BEACH COUNCIL MEMBERS Y '�s AGE �G 4pA Gt 9 �9y 9G \'�,�� April 11, 1988 • Motion All Ayes I• Motion All Ayes E x x MINUTES BA -073, $145,000 - Increase in Budget Appropriations and Revenue Estimates for Harry and Grace Steele Foundation Grant for the purchase of books; Special Departmental Expense- Library Fund. [Refer to agenda item F -9(a)] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department to Planning the City Manager regarding ACTIONS TAKEN Cmsn BY THE PLANNING COMMISSION AT ITS (68) MEETING OF MARCH 24, 1988, was presented. Motion was made to schedule public Resub 861 hearing on April 25, 1988 on Resubdivision No. 861, 3841 Ocean Birch Drive, Spyglass Ridge area, and to receive and file the remaining items. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88 -9, being, Ord 88 -9 Penalties AN ORDINANCE OF THE CITY COUNCIL OF Dog Violtns THE CITY OF NEWPORT BEACH AMENDING (27) CHAPTER 7.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PENALTIES FOR DOG VIOLATIONS, was presented with recycled report dated March 28, 1988, from the Assistant City Attorney. Motion was made to adopt Ordinance No. 88 -9. I. CONTINUED BUSINESS: 1. Report from the City Attorney regarding HARBOR PERMIT APPLICATION NO. 0115 -1014 of Ben Bukewighe to build cantilevered deck bayward of 1014 Polaris Drive, was presented. Recycled report from Marine Department, dated March 14, 1988, was presented. Report from Building Director, dated March 24, 1988, was presented. The City Manager summarized the subject reports, noting staff had contacted the State Lands Commission and was advised that construction of the proposed deck would violate terms of the tidelands trust. Staff is also concerned about setting a precedent if this application is approved. Volume 42 - Page 129 Harbor Perm Apli#0115- 1014 Polaris Dr COUNCIL MEMBERS O'n'. • Motion All Ayes • X CITY OF NEWPORT BEACH MINUTES April 11, 1988 Brion Jeannette, architect for the harbor Perm proposed project, addressed the Council Apli#0115- and stated that he had spoken with 1014 Debbie Townsend of the State Lands Commission regarding the subject application on April 7, who informed him that the request would have to be looked at more fully before making a determination, but indicated to him that the State Lands Commission does not have a. "hard and fast policy" with regard to these types of applications. He stated that he has forwarded the same harbor permit application, together with photographs of the area to Ms. Townsend for review and report back which he estimates will take approximately 10 days. He also commented that he did not feel the proposed encroachment was an unreasonable request. The City Attorney advised that he spoke with Debbie Townsend of the State Lands Commission last week, who confirmed that she had been contacted by Brion Jeannette, and that she had received a packet from Mr. Jeannette with the plans and photographs as mentioned in the foregoing. He stated that Ms. Townsend said she informed Mr. Jeannette the State Lands Commission does conduct surveys to determine if a particular project is over State Tidelands or not, and as Mr. Jeannette indicated, it will take approximately 10 days. He stated Ms. Townsend advised him that, if any portion of the proposed deck does encroach onto or over State Tidelands, the State Lands Commission would consider it a violation of the public trust imposed upon those tidelands, whether they have been granted to the City, County or whether they remain ungranted. The State Lands Commission has agreed to review the proposed project to see if State Tidelands are implicated, and if they are, the State Lands Commission will oppose it, and if the water bayward of the bulkhead at this location is not State Tidelands, then different City policies apply. Following discussion, motion was made to continue this item to May 9, 1988, pending report from the State Lands Commission. 2. Report from the City Attorney regarding C /Atty CITY OF IRVINE REQUEST THAT NEWPORT Litiga BEACH JOIN IN LITIGATION CHALLENGING Irvn /O THREE COUNTY DEVELOPMENT AGREEMENTS, was (31) presented. Volume 42 - Page 130 CITY OF NEWPORT BEACH COUNCIL MEMBERS •�G�Z��G��� �O¢9G�9y�'2 G9�� April 11, 1988 to MINUTES The City Attorney summarized his report, wherein he pointed out that it was not until this date that he received material from the law firm representing the City of Irvine relative the lawsuit against the Aliso -Viej o Development and the three development agreements. He stated that the legal challenge to the Aliso -Viejo agreement by Laguna Beach is based upon the following: 1. Inadequate EIR; 2. Inadequacy of County Land Use and Circulation Elements; 3. Inconsistency between County Land Use and Circulation Elements; 4. Unconstitutional interference with the initiative process (approval of the development agreement just prior to vote on the initiative will reduce effect of the measure if passed); and 5. One provision that requires • compliance with County conditions in spite of annexation is in conflict with State law. The City Attorney also reported that the lawsuit could have an impact, in terms of legal precedent, on the City of Newport Beach. If Laguna Beach prevails in its argument that the development agreement unconstitutionally interferes with the initiative process, the validity of development agreements in cities facing November initiatives, could be jeopardized. The City Attorney further advised that it is his understanding the other two development agreements have not yet been challenged by the Cities of Irvine and Laguna Beach. Council Member Sansone stated that within the next month, the County will be reviewing the development agreement for the downcoast area, which includes • the construction of Pelican Hills Road and is very vital to old Corona del Mar. Therefore, he will oppose the City funding anything that challenges the Volume 42 - Page 131 C /Atty Litigatn Irvine /O /C CITY OF NEWPORT BEACH COUNCIL MEMBERS AG \4;\ April 11, 1988 ®na , rw, �S F MINUTES Volume 42 - Page 132 Atty subject three County development agreements, which could jeopardize the development agreement for the downcoast area which he supports. • Council Member Turner indicated his concurrence with Council Member Sansone, and expressed his concerns as to the importance of the San Joaquin Hills Corridor and Pelican Hills Road. He '. stated he felt that if the City Council supported the request and joined in the subject litigation, it could put the City of Newport Beach in jeopardy for the reasons pointed out by the City Attorney in his report. Council Member Strauss stated that he was not necessarily arguing that the City should support the three County . development agreements, but that he did want the City Attorney and City Manager to review the documents as requested at the last Council meeting, and which has now been done. He stated he felt there should be an interest on the part of the City, inasmuch as the growth of the County is overwhelming in traffic, and when the Council can support an issue of this importance, they ought to do it. He stated he was in favor of • constructing Pelican Hills Road and would not want to take any action to "upset" that from occuring, but at the same time, he does not feel it is proper for the Council to say that it does not feel there is a distinct issue here. Council Member Turner stated that he felt the electorate would vote in favor of annexing the downcoast area and the annexation would probably come about as a result of a development agreement between that developer and the County of Orange. He reiterated that if the Council were to support the three County development agreements, it could place the City in jeopardy, as indicated earlier by the City Attorney. Council Member Sansone stated that the agreement executed for the downcoast area between the Friends of the Irvine Coast, SPON and several other environmental groups, took several years of negotiation before final agreement was reached, and he felt that the development agreement for the downcoast area will be based on provisions of that agreement. He also felt that if a vote Volume 42 - Page 132 Atty CITY OF NEWPORT BEACH COUNCIL MEMBERS cc+ April 11, 1988 GG �a�1;�A ¢666X\OF61\011� on All Ayes • x MINUTES were taken in the City as to "growth, no growth, medium growth or upside growth," the electorate would support that development agreement. Hearing no other comments, motion was made to disallow joining in the litigation, as requested by the City of Irvine. Council Member Strauss stated that he would support the motion at this time, but indicated he could bring the matter up again at a future date, should a different situation occur. The motion was voted on and carried. 3. Recycled report dated March 28, 1988, CalTrans E/ from the Public Works Department PCH concerning ACCESS TO PACIFIC COAST (74) HIGHWAY FROM CALTRANS EAST PARCEL, was presented. Report from Hoag Hospital, was presented. Report from Robert Coles, architect and resident of Balboa Coves, regarding impacts from the proposed CalTrans East access to Pacific Coast Highway, was presented. The City Clerk advised that after the agenda was printed, twenty -three (23) letters were received and telephone call from residents of Balboa Coves, in opposition to the proposal by Hoag Hospital for a traffic signal and access from Pacific Coast Highway. The City Manager summarized the staff report, noting that Hoag Hospital has reached an agreement with CalTrans regarding purchase of the abutter's right of vehicular access to Coast Highway, and by letter of March 16, 1988, Hoag has asked the City to rescind Resolution No. 83 -53, to which the Public Works Department concurs. The City Manager pointed out that subsequent to adoption of Resolution No. 83 -53, a project to widen Coast Highway in West Newport was programmed and design of this project is currently underway. In conjunction with design of the over -all highway widening project, Hoag Hospital has been working with the City and with CalTrans on design of a signalized intersection providing access from the highway to the Hoag property. Volume 42 - Page 133 COUNCIL MEMBERS S n �G�y�`G ;��l� Rf11 1 (`AI 1 � P CITY OF NEWPORT BEACH April 11, 1988 MINUTES Volume 42 - Page 134 CalTrans E/ PCH As part of this process a traffic engineering study has been performed to analyze the potential impact on Coast Highway traffic flow of a new signalized intersection to be located opposite the existing Balboa Coves entrance. This • study has demonstrated that the new traffic signal can be timed to fit vehicle travel progression on the highway, and will not result in significant increases in traffic congestion. Tom Orlando, 15 Balboa Coves, addressed the Council and requested this item be continued for three weeks until their sound engineer has completed his study. William McLaughlin, 67 Balboa Coves, addressed the Council and stated that when he was President of their homeowners association, he was called to a meeting by Hoag Hospital in which Hoag solicited their support for a "Campus Style" cancer center to be located across Pacific Coast Highway from Balboa Coves. During this meeting, he was - assured that if they supported Hoag and '. did not object to their expansion onto the CalTrans property, they would never seek access to or from it off of Pacific • Coast Highway. He stated that Hoag proclaimed great empathy with their concern for increased traffic and attendant noise and pollution if such were to occur, and therefore, promised never to do so. He stated he felt they should have had a lawyer and had Hoag put it in writing. Peter Foulk, representing Hoag Hospital, addressed the Council in support of their request to rescind Resolution No. 83 -53. He stated that they feel the access to Pacific Coast Highway is important, and that he was not aware of any commitment Hoag has made promising not to have these access rights. He stated that they have designed access across from Balboa Coves because they felt Balboa Coves wanted the signal at that location. He stated that Hoag is offering to pay for the entire signalization which is estimated at over $100,000 and have also offered $10,000 to Balboa Coves for improvements to their entrance as a result of the • signal. They feel that Hoag Hospital _ has been good neighbors to Balboa Coves, but they do not feel responsible for a Volume 42 - Page 134 CalTrans E/ PCH COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES April 11, 1988 sound wall, inasmuch as they are not responsible for the widening of Pacific Coast Highway, and due to the fact that the traffic signal will not increase the noise level based on recent studies. He stated that they have tried to negotiate with Balboa Coves, but are not yet in agreement. Discussion ensued, wherein it was stated by the City Manager that the proposed resolution under consideration makes no reference to the proposed traffic signal, sound wall, etc., and that the improvement plans for these items will be forthcoming to the Council at a later date for final approvel. He emphasized that the only issue under consideration at this time is access to Pacific Coast Highway. Council Member Sansone spoke in support of continuing this item for two weeks, indicating he felt that the residents of Balboa Coves have not been given the "total picture" of what is being planned by Hoag Hospital. Dennis O'Neil, attorney representing Hoag Hospital, addressed the Council and stated that they are requesting the rescinding of Resolution No. 83 -53 in an effort to "clean up the record" and consummate their negotiations with CalTrans to acquire the abutter's rights to the property the hospital purchased in 1984. He stated that the cancer center is a stand -alone facility that takes its access off the main hospital campus and has nothing to do with their desire to gain access to Pacific Coast Highway. He stated they are in the process of working with the City in developing a master plan for the future buildout of that site, but they have no idea what that will entail. He stated that in order to accommodate that planning, it is necessary to know if they will be able to have access.from Pacific Coast Highway. He stated that through an appraisal process with CalTrans, they have negotiated on a price to buy the access rights to the property, and in order to carry out that transaction, Resolution No. 83 -53 should be rescinded. He, therefore, suggested that the Council take the recommended action, with the representation that Hoag Hospital will continue in good faith to work with the residents of Balboa Coves in an attempt to come up Volume 42 - Page 135 CalTrans E/ PCH COUNCIL MEMBERS ` • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES April 11, 1988 with a reasonable solution, which everyone feels is appropriate, and further, with the knowledge that the improvement plans for the traffic signal, etc., will come back before the Council for final approval. In conclusion, he stated that the longer this item is delayed, the more complicated it becomes. Motion was made to continue this item to April 25, 1988. Richard Houghton, 46 Balboa Coves, President of the Balboa Coves Homeowners Association, addressed the Council on the status of the Coves, advising that the residents have enjoyed a quiet and anonymous existence for almost 50 years and their low profile has afforded them a near zero crime rate. He stated that the homeowners are not really opposed to the traffic signal, but they do feel that some of their concerns have not been addressed, and in fact, are being ignored. They understand the magnitude and importance of Hoag Hospital, but in these changing times they cannot allow any injury to their community. He discussed the widening of Pacific Coast Highway and the removal of street parking, and the problems they felt it will create. He stated that the traffic signal specifically "spotlights" their community and they feel they will lose the safety of their anonymous status. He stated that with the increase in sound due to the traffic signal, the problems that will be created because of no parking on Pacific Coast Highway, and the spotlighting of their entrance because of the signal, etc., they have a number of concerns which they feel needs additional mitigation to protect themselves. Hearing no others wishing to address the Council, the motion was voted on, and carried. J. CURRENT BUSINESS: 1. Report from the Planning Department regarding a request of JUDITH HOME, owner of 307 ISLAND AVENUE, NEWPORT BEACH, FOR AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 20.87.140 OF THE NEWPORT BEACH MUNICIPAL CODE, which requires that buildings on lots which contain a greater number of dwelling units than permitted by Chapter 20 of Volume 42 — Page 136 CalTrans E/ PCH Zoning/ 307 Is Av (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ti n 9 39 G G�y�q�'` April 11, 1988 tOLL CALL ��� IND X the Municipal Code, be altered to Zoning/ conform to the requirements of the Code 307 Is Av within 60 years from the date of original construction, was presented. Letter with attachments from Hillary F. • Thamer, Associate Vice President of Coldwell Banker, representative of Judith Homme, was presented. The City Manager summarized the staff report noting that on the subject lot, a dwelling unit was constructed in 1912 and another unit in 1946. Both dwellings were constructed when the property was located in the R -2 District and permitted a maximum of two dwelling units on the site. In 1949 the City changed the zoning from R -2 to R -1 which made the dwellings a nonconforming use. In 1980, the City Council adopted an ordinance which placed a 60 -year amortization period upon a structure that was nonconforming because the zoning had been changed. He stated that the question before the Council is whether to apply the 60 -year amortization period on the structure built in 1912, or the unit built in 1946. • Frank Walker, applicant, addressed the Council and stated that he closed escrow on the subject property three weeks ago. He stated that the subject property is one and a half lots, containing 3,150 - sq. ft., which have two separate' buildings on.tbe property; the main building has three bedrooms and two baths. Charlotte Petersen, Tarbell Realtors, addressed the Council and stated that the second unit was legally permitted when constructed and she did not feel it fair to have that right taken away. She stated that the property is in excellent condition and she would urge the Council to let it remain as such. The City Attorney stated that he did not feel the Council could enforce the subject ordinance under either interpretation because the ordinance is triggered from the date of original construction and suggested the ordinance be revised to "trigger" from the point • at which the property becomes nonconforming. Volume 42 - Page 137 COUNCIL MEMBERS *A o y C, :one i nu CITY OF NEWPORT BEACH MINUTES April 11, 1988 In view of the foregoing, motion was made to grant the exemption, and to direct the staff to report back in six months as to the feasibility of deleting the 60 -year amortization period from the code. Meeting adjourned at 8:50 p.m., in memory of John Macnab, developer; community leader; and a past President of the Newport Harbor Area Chamber.of Commerce, who passed away on March 28, 1988., The agenda for this meeting was posted on Thursday, April 7, 1988 at 9:15 a.m;, on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 42 - Page 138 INDEX Zoning/ 307 Is Av