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HomeMy WebLinkAbout10/10/1988 - Adjourned Regular MeetingCOUNCIL MEMI �G �' S 9 G4AJ� f t nc c & A, , Present Motion All Ayes *on All Ayes 11 CITY OF NEWPORT BEACH x x x x x x x x MINUTES ADJOURNED /REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 6:00 P.M. DATE: October 10, 1988 A. ROLL CALL. B. Reading of Minutes of Meeting of September 26, 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 and City Council review of TRAFFIC STUDY NO. 51 and USE PERMIT NO. 3279, requests of NEWPORT LIDO MEDICAL CENTER, Newport Beach, to approve the Traffic Study and to permit the construction of an 85,170 sq. ft. medical office building, on property located at 351 Hospital Road, zoned A -P, which,exceeds the basic height limit in the 32/50 Foot Height Limitation. District. The proposal also includes a. modification to the Zoning Code so as to allow the use of compact size parking spaces for a portion of the required off- street parking. Report from the Planning Department, was presented. The City Clerk advised that after the agenda was printed, a letter was received from Hoag Hospital in support of the proposed medical office building. In addition, two letters were received in opposition to the project from Suzanne Mc:Brien, 1812 Antigua Circle, and Elaine Cerf, 411 Flagship Road. Jerry King of J. A. King & Associates, 550 -C Newport Center Drive, representing the applicant, addressed the Council and stated that the proposed medical office development is identical to the previously proposed project that was approved by the Planning Commission and City Council in 1985; but due to bankruptcy proceedings, the applicant did not have clear title to the property, and could not proceed with the project until this time. He added that the traffic study has been updated and now meets the requirements of the City's Traffic Phasing Ordinance. In addition to their request to exceed the 32 foot basic height limit, he stated they are requesting approval of using compact parking spaces for a portion of the Volume 42 - Page 387 (88) 3279 Stdy 51 Medical COUNCIL MEMBERS APPOIC11\ 0o� \ • • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 required off-street parking structure, which will house the parking for this project. A negative declaration was prepared and approved for their project in 1985. Fie reviewed the interim parking plan approved by the Planning Commission„ and stated that shuttle service will be provided for employees of the medical building to an off -site parking lot:. Valet service will also be provided for patients or other short term visitors to the building. They also have current plans for construction employees parking at an off -site lot at old Newport: Boulevard and Bolsa Avenue. In response: to questions raised by Council Member Strauss, Mr. King stated that the parking structure will be underground except for the surface level, and that there will be access to the medical building from each parking level. With regard to meeting the parking requirements for this project, he added that they are two parking spaces short in order to accommodate the necessary parking for both medical buildings. Pertaining to increase of traffic growth as a result of the project, he indicated that the development would not increase the deficiency, and therefore, meets the requirements of the Traffic Phasing Ordinance. In reply to Council Member Plummer's concerns regarding the impact construction and parking could have on adjacent nursing and convalescent homes, Mr. King stated that pursuant to the interim parking plan, the residents should not be affected by the construction, as the construction employees will be required to park off -site. As to any noise impact, he added that there are hours of operation set forth in the conditions of approval, which they have to comply with. With regard to the two parking spaces referred to earlier, the Planning Director noted that pursuant to Condition No. 46, one parking space shall be provided for each 250 sq. ft. of gross floor area in the existing and proposed office buildings, which means that the applicant will either have to reduce the size of the building by 500 sq. ft., or come up with the additional two parking spaces so there would not,be a deficiency. Volume 42 - Page 388 1/P 3279 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 Louise S. Greeley, lb Swift Court, addressed the Council in opposition to the project:. She reviewed past history connected with the proposed development, and stated she felt the building was too intense for the area; and that it would more than double the allowable square footage under the proposed general plan amendment; and therefore, suggested the project be re- evaluated with an updated EIR. She also stated that in December, 1981 the City Council instructed the Planning Commission to initiate a study of the West Newport area, to review existing specific plan areas, and to establish priorities. She stated that the Planning Commission commenced public hearings on August 19, October 21, and December .12, 1982. The subject was also reviewed b;y the Planning Commission at Study Sessions on January 20, April 21 and May 19, 1983, at which time the item was removed from the calendar, and to her knowledge there was no further report back to the City Council. Roger Schwenk, owner of 477 Old Newport Boulevard, addressed the Council and expressed his concerns with regard to the proposed parking lot for construction employees at Old Newport Boulevard and Bolas Avenue. Geneva Matlock, 11 Landfall Court, representing a number of doctors and staff at Hoag Hospital, addressed the Council in, opposition to the project, indicating; she felt the project would have a significant detrimental impact on the adjacent residential and commercial areas, and that a new EIR should be prepared. She also felt that the following items should be addressed: construction period parking, noise during construction period and long -term effects, parking structure security, traffic generation, and parking demands and visual input. She discussed existing parking problems at the Lido Medical Building and at Hoag Hospital, and suggested this project be delayed until studies supporting the proposal are updated. Froutis Evins, Vice President, Hoag Hospital, addressed the Council in support of the proposed project. He stated there is a definite need for medical space close to the hospital and that the new building will help meet the needs of a growing medical community. Volume 42 - Page 389 /P 3279 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 Walter S. Semeniuk, 6807 W. Seashore Drive, addressed the Council in opposition to the project, indicating it should be "down- zoned," as it will only add to future traffic problems. Chris Hansen, 22 Encore Court, addressed the Council in opposition to the proposal. He stated he reviewed the traffic study, and felt that the timing for this project was good in 1985, but not at this time due to the many changes that have taken place in West Newport. He discussed portions of the traffic study which he felt were inadequate, and suggested the City Council re- evaluate the subject application. Richard Nichols, 519 Iris Avenue, spoke in opposition to this project, indicating he felt approval of the development would be "upzoning" the area and would not be in conformance with the new general plan amendment. He also felt the project would be too dense for the area, and urged the request be denied. Dr. Leo Vortuni, 4308 Patrice Avenue, addressed the Council and stated that the traffic is steadily increasing in the subject area, and if the project is approved, it will only get worse. Mr. King responded to some of the earlier comments, noting that the project has been evaluated by traffic studies three times, and they feel they and are mitigating the traffic generated from the project. He stated doctors' parking will be across the street and will not be any great distance from the building. He added that the construction parking lot for the workers' automobiles will be entirely fenced, with workers taken to the construction site by shuttle. If their request is approved, construction will start immediately with an estimated completion time of 18 months. Rich Edmonton, Traffic Engineer, advised that the traffic consultant estimated the traffic count volumes on various street segments of the project from peak hour information that was available, and those numbers are substantially below the capacity of the streets being evaluated. He added that the study did analyze 14 intersections. Volume 42 - Page 390 3279 r, L_J Motion • Ayes Noes COUNCIL �9 XC, X CITY OF NEWPORT BEACH xlxlx Is: lxlxlx Motion Ayes Noes I x 17 Ix Ix Ix I xIx r� MINUTES October 10, 1986 In response to question raised regarding the construction workers parking lot at Old Newport Boulevard and Bolas Avenue, Mr. King stated it is the applicant's intention to "fast- track" the parking structure so that additional parking spaces will be available to the construction employees once the structure is ready for occupancy. It was noted that, in the conditions of approval for this project, there is a provision which allows the City Council to review the subject use permit if it is determined that said project has a detrimental affect on the community. John Miller, resident in the area, addressed the Council and questioned the need for the medical building, stating there are so many other medical facilities in the vicinity, many of which are not fully occupied. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Strauss commented that he felt this project was "too dense and too tall," and therefore, moved to deny the request. Council Member Strauss stated, however, he would hope the applicant would come back with a building somewhat less than what has been proposed, which he felt would alleviate some of the parking and traffic problems referred to in previous comments. Discussion ensued with regard to the. existing standards and the standards proposed under the new general plan amendment, and following consideration, the motion was voted on and FAILED. In view of the foregoing, motion was made to sustain the action of the Planning Commission, with the request that the interim parking lot at Old Newport Boulevard and Bolas Avenue for construction employees be developed to the satisfaction of the Planning Director. 2. Mayor Cox: opened the continued public hearing regarding: A. GENERAL PLAN AMENDMENT 87 -1(A & E) - These amendments involve major revisions to the Land Use and Volume 42 - Page 391 1P 3279 GPA 87 -1 (A & E) (45) • r �i • CITY OF NEWPORT BEACH COUNCIL MEMBERS A A October 10, 1988 MINUTES Circulation Elements of the Newport Beach General Plan. The proposed revisions to the Land Use Element involve establishment of various densities and intensities of development citywide. The revisions to the Circulation Element include modifications to the City's adopted Master Plan of Arterial Highways, as well as a reevaluation of the necessary roadway improvements and funding sources available to the City of Newport Beach; F1114)7 LOCAL COASTAL PROGRAM AMENDMENT NO. 13 - Amendments to the Local Coastal Program Land Use Plan to conform its provisions with respect to permitted land uses to the Land Use Element of the General Plan; AND GPA 87 -1 (A S E) 13 C. MINOR REVISIONS TO THE RECREATION Recreation/ AND OPEN SPACE ELEMENT AND HOUSING Open Space ELEMENT of the Newport Beach Element /HE General Plan in order to ensure consistency with the Land Use Element. Report from the Planning Department, was presented. Report from City Manager concerning Library Site, was presented. Letters were presented from the following regarding the San Joaquin Hills Transportation Corridor: Charles B. Caldwell, Donald W. Shaw, Eric, Kathleen and Joseph Fox, Deborah Allen, Friends of Oasis President Charles McCann, and Corona del Mar Community Association Director, Dick Nichols. The City Clerk advised that after the agenda was printed, letters were received from the following regarding the proposed general plan amendments; William Patrick, Dr. Jan Vandersloot, SPON, The Irvine Company, Board of Library Trustees, Ardell Investment Co., George Baker, Central Newport Beach Community Association, ABCOM, Ronda Heim, Beachcomber Investment Co., Mr. and Mrs. Rod Lynch, Mrs. Peter J. Wall, Bruce T. Torrence, Mr. and Mrs. Scott Volume 42 - Page 392 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 Jackson, Mr, and Mrs. Stanley Troxel, Schwenk family, Lucille Stafford, Richard Nichols, Carol Martin, Petition from residents in 1800 block of W. Ocean Front, Marjorie Shayne, Virginia Spooner, William Hardesty, Petition from property owners on south side of Cliff Drive, and Debbie Gray. Robert Lenard, Advanced Planning Manager, reviewed issues which were raised at the last City Council meeting in the following areas: 'Residential growth on the Peninsula and in West Newport; *Average lot sizes in "two- family" areas; °How the proposed General Plan affects people currently in plan check; *Ocean Front R4 area (18th to 19th); *Reduction in property values; *Responses to comments on EIR; *Errata; *Library relocation; °San Joaquin Hills Transportation Corridor connections; and *Bicycle Trails plan. Mayor Cox reviewed the Straw -Vote Guide prepared by staff and asked for public testimony on the following. LAND USE ELEMENT: Residential Issues - Newport Heights Gail Demmer, 2812 Cliff Drive, representing Newport Heights Community Association, stated it is their recommendation that "no lot splits be included in the General Plan revisions," especially no resubdivisions on the. south side of Cliff Drive on the bluffs. If square footage is the desired parameter, their association would support the minimum lot size of 10,000 sq. ft. for the south side of Cliff Drive in order to retain a low - density classification for the area. Volume 42 - Page 393 ;PA 87 -1 (A & E) COUNCIL MEMI \A1 < � C+O\ on, , .^9G�� t • Motion x Ayes x x x Noes x Motion x All Ayes 10ion All Ayes Ix x CITY OF NEWPORT BEACH x MINUTES October 10, 1988 Hal Woods, owner of 2919 Cliff Drive, presented a petition signed by eight property owners on the south side of Cliff Drive, unanimously supporting the staff recommendation of 7,000 sq. ft. lots for their area. He stated they felt this compromise position in lot size was equitable and urged the Council to uphold and support their property rights. Marco Baljeu, 2953 Cliff Drive, concurred with the remarks of Mr. Woods. He also submitted a letter from Helen Rreutzkamp, 2961 Cliff Drive, in support of Mr. Woods' proposal, and other concerns regarding the General Plan Amendment. Richard Demmer, 2812 Cliff Drive, spoke in favor of "no resubdivisions" for the southerly side of Cliff Drive and the minimum lot size of 10,000 sq. ft. Terry Slayback, 426 Riverside Avenue, spoke in support of retaining the bluffs in Newport Heights as part of the City's history and that "no subdivisions" be allowed on the south side of Cliff Drive. Discussion. ensued with reference to Mr. Woods' lot at 2919 Cliff Drive, wherein the City Attorney also indicated that, while it was generally desirable to treat similarly situated property in a consistent, manner, the Council's approval of a four -lot subdivision at 2919 Cliff Drive, within the past few months, constituted a reasonable basis for a different density designation on that parcel than was to be applied to other properties along Cliff Drive. Following consideration, motion was made that the subdivision standard for the I four lots at 2919 Cliff Drive be 7,000 square feet, and that no subdivisions be allowed on the other lots on the south side of Cliff Drive. Motion wan made that in future subdivisions, no residential access be allowed from Avon Street. Lido Isle Council Member Strauss presented and moved to approve revised language on this issue as follows: Volume 42 - Page 394 .PA 87 -1 (A & E) COUNCIL MEMBERS y • Motion • x CITY OF NEWPORT BEACH MINUTES October 10, 19813 "Shall language be added to the section on Lido Isle indicating that :further studies will be conducted to determine whether to limit or not limit additional residential growth consistent with manner in which development has occurred, rather than the underlying subdivision patterns ?" Two- Family (R2) Area Council Member Plummer stated she was very concerned with the fact that the majority of property owners in West Newport and other areas of Balboa are unaware of the proposed zone change, inasmuch as they are absentee landlords. Therefore, motion was made to continue the 2,000 sq. ft. minimum lot size for duplex development throughout the City; and that this item come back to the Council in six months after each and every property owner, as appearing on the latest equalized assessment roll, has been notified of possible modifications to 2,250 sq. ft., or 2,375 sq. ft. of land area per dwelling unit. Council Member Plummer indicated she felt more study was needed on this issue as she was not supportive of placing R1 zoning adjacent to commercial areas such as McFadden Square and the Balboa business district, and that the option should be left open for the property owner to either choose between R2, or R1 until further study has been made and all lots have been identified. Gerald Mandeson, 711 W. Balboa Blvd., Vice President Central Newport Beach Community Association, stated their association voted unanimously to support the petition of residents in the 1800 block of West Ocean Front, requesting their multi - family zoning be retained. In addition, the Association reaffirmed the position expressed in their policy statement supporting the retention of present residential zoning within the Central Newport community. Todd Schooler, architect at 503 32nd Street, spoke in support of Council Member Pltmmer's motion. He also inquired into the City's regulations regarding the rebuilding or remodeling of a duplex pursuant to existing and proposed code requirements. Volume 42 - Page 395 GPA 87 -1 (A & E) COUNCIL MEMI A\y no\ • • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 The City Attorney stated that the General Plan Amendment provisions could be amended to reflect that the minimum lot sizes will not affect the right of a property owner to remodel or rehabilitate their dwelling units so long as there is no increase in the number of dwelling units. Angel Kraemer Kleinbub, owner of 3114 W. Ocean Front, stated she has a 2,250 sq. ft. lot which is in the process of concept approval, and she has already spent $15,000 for soil engineers, structural engineers, architect, etc. She requested that inasmuch as she is not yet in. plan check, the 90 day grace period be expanded to allow for the people who have concept approval. Rose Marie. Itson, representing her parents who own 1913 Court Street, stated her parents purchased the property in 1985 with the idea of building a. duplex on the site for income when they retire. She stated they have not started the project, and therefore, she is in support of Council Member Plummer's motion. Jerry L. Cobb, 6304 W. Ocean Front, representing West Newport Beach Community Association, also spoke in favor of Council Member Plummer's motion. fie stated their Association has two concerns: 1) that R2 property owners should be personally notified by mail of any proposed change of zoning to their property, and 2) that such "down-zoning" represents a serious infringement on the property rights of the owners. He suggested the R2 to R1 "down - zoning" issue in the proposed General Plan Amendment be deleted until a more thorough study of the appropriate minimum lot size is completed. Referring back to the issue of duplex remodels as discussed by Todd Schooler, the City Attorney recommended language be added to the proposed resolution stating that minimum lot sizes established by this resolution for R2 properties on the Peninsula and West Newport, shall not restrict or prohibit the remodeling of existing structures, or the rebuilding of structures damaged by fire or earthquake. Volume 42 - Page 396 GPA 87 -1 (A 6 B) COUNCIL MEMBERS l ti � 4D� � �9G 1' All Ayes Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES October 10, 1988 With regard to Ms. Rleinbub who has JGPA 87 -1 submitted plans for conceptual approval, (A 6 E) the City Attorney stated that the proposed resolution could be expanded to add that approval to the so- called "grandfather" clause. Fred West, 419 Poyola Way, Placentia, representing Lucille Stafford, owner of 3510 W. Lake Street, stated that plans were submitted today to the staff for the rebuilding of a duplex on its site, and that plans for demolition of the 2,250 sq. ft. lot have been approved by the Planning Commission. He stated he felt that other property owners in the same situation ought to be able to demolish and rebuild and not be affected by the proposed change. Douglas Ed.lund, 6604 W. Ocean Front, suggested consideration be given to retaining some rental units in the area and not eliminate all R2 properties. He also felt that the minimum lot size for R2 areas should be 2,250 sq. ft. Elaine Linhoff, 1760 E. Ocean Boulevard, spoke in support of "down- zoning" on the Peninsula due to increased trafffic congestion and in order to maintain R1 property values. Mary Hardesty, 120 Agate, Balboa Island, stated that many of the residents on the Island are unaware of what is being considered by the Council at this time and until the issues have been addressed by the Balboa Island Improvement Association and Little Balboa Island Community Association, she would prefer no action be taken with regard to residential issues. Council Member Plummer reiterated her motion, as set forth earlier in the meeting, and the motion was voted on and carried. Existing li4 Ocean Front Area (18th to 19th Motion was made to designate the existing 114 Ocean Front area (18th to 19th) "Multi- Family" with density limit of 1,200 square feet of land area per dwelling unit, and that said area also be included in the study group referred to by Council-Member Plummer. Volume 42 - Page 397 COUNCIL MEMBERS • 1 L_J • CITY OF NEWPORT BEACH MINUTES October 10, 1988 CIRCULATION ELEMENT: San Joaquin Hills Transportation Corridor Leo Hanna, 21 Tiburon Bay Drive, Spyglass Hill, referred to City Charter Section 422 - Freeway and Expressway Agreements;; Connection with Freeways; Vote of Electors Required for Approval, and stated it was his opinion that the connections; to the Corridor should be voted on by the electorate. In response: to the above remarks, the City Attorney stated that the vote of the Council this evening is on a General Plan Amendment and not a contract or agreement with the State of California, or any other public agency. The Corridor is a matter of state -wide importance:, and local provisions, such as a City initiative, are preempted by those provisions which deal with this particular transportation corridor. Rick Hamilton, 1800 Port Ashley Place, stated that the homeowners in the Harbor View, Harbor Hills, etc., areas have made a compromise with their neighbors in Spyglass Hill, and feel that an indirect connection of San Miguel Road to the realigned Ford Road properly alleviates their concerns as to the buildup of traffic on San Miguel. Carl Ensley, 38 Morro Bay Drive, President of Spyglass Hill Community Association, stated that the majority of the homeowners in their area are pleased with the "compromise," as set forth in the document dated October 7, 1988. H. Ross Miller, President of Spyglass Ridge Homeowners Association, stated that they agree with most of the language enumerated in the compromise document; however, they are not in favor of having the extension of San Joaquin Hills Road beyond Pelican Hill Road put under study. They also feel that with regard to San Joaquin Hills Road, "the extension should be deleted from the revised Circulation Element, and that the connections of San Joaquin Hills Road to Pelican Hill Road should not occur until Pelican Hill Road is fully operational." Volume 42 - Page 398 GPA 87 -1 (A & E) COUNCIL MEMBERS r� • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 Mr. Miller also suggested an additional paragraph be added stating: "The City of Newport Beach will, in coordination with the County of Orange, implement controls prohibiting operation of large trucks along San Joaquin Hills Road when Pelican Hill Road becomes fully operational. The prohibition will apply to all truck vehicles exceeding 8,000 lbs, gross weight northbound, or southbound on Pelican Hill Road, or attempting to use San Joaquin Hills Road to reach the Corridor via Pelican Hill Road." Brian Shapiro, resident, stated he felt the residents should unite on this issue and not be divided. Allan Beek, 1945 Sherington, stated the City should request the County and State to install a left -turn flyover from the northbound San Joaquin Hills freeway to the westbound MacArthur Boulevard if the City disconnects the connections in order to handle the traffic to Newport Center and points north. He also stated he was not in support of extending San Joaquin Hills Road easterly of Spyglass Hill Road. Richard Thompson, 3630 Catamaran Drive, stated he felt the San Joaquin Hills Road extension would disturb the "quality of life" in the Harbor View Hills area, but more importantly, the extension would make it difficult for the children to cross, and that possibly a pedestrian overpass would be needed. He felt there should not be a major thoroughfare adjacent to Lincoln School, as the School could be utilized again in the future. He stated it is felt by the residents in the area that the San Joaquin Hills Corridor should not be connected to San Joaquin Hills Road. Jan Pasalevich, 3811 Topside Lane, resident of Harbor View Hills South, stated that she was opposed to the Corridor and "did not want any part of it in the City." Don Harvey, 2039 Port Weybridge Place, stated that the Corridor "will be a disaster to many areas in the City," and he fqlt it should be scaled back to a Volume 42 - Page 399 GPA 87 -1 (A b E) COUNCIL MEMBERS CITY OF NEWPORT BEACH October 10, 19813 MINUTES Volume 42 - Page 400 .PA 87 -1 (A & E) four to six lane highway. He stated they did not want to see neighborhoods destroyed by noise and traffic levels, • and that the City should join the City of Irvine in fighting the Corridor. Carla Barnett, 3400 Cataraman Drive, Harbor View Hills South, spoke against the extension of San Joaquin Hills Road, as her children cross it daily and she felt the extension would be very hazardous. Manny Webber, 2306 Port Lerwick Place, Seawind, stated she felt the City Council should "stick by their position set forth in Resolution No. 85 -11 adopted three years ago regarding the San Joaquin Hills Road extension." Robert M. Syrene, 1400 Seacrest Drive, spoke in support of the Corridor with six regular travel lanes and high - occupancy vehicles. He also suggested that the future construction of San Joaquin Hills Road to Pelican Hill Road not occur until Pelican Hill Road is fully operational; that San Joaquin Hills Road be changed from major arterial six lane roadway to a primary • road of four -lanes divided; the extension of San Joaquin Hills Road east of Pelican Hill Road to the Corridor not occur; that the easterly extension be deleted from the Circulation Element; and that no trucks in excess of two tons be permitted on the Corridor. Anita Meister -Boyd, Member of Harbor View Ad -Hoc Committee, stated that if both connections are made (Ford Road and San Joaquia Hills Road) she felt the traffic would double, which they are willing to live with, but if the Council allows San Joaquin Hills Road to be deleted, it would force the residents of her community to not only absorb their share of traffic generated by the Corridor, but traffic from other areas. Taylor Grant, Harbor View Homes, stated he felt that Corona del Mar has had more than their share of traffic for many years; that the Council has a very difficult decision to make regarding the • connections; and that no matter what that decision may be, no one is going to be 100% happy. Volume 42 - Page 400 .PA 87 -1 (A & E) COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES October 10, 19813 Richard Nichols, 519 Iris Avenue, representing Corona del Mar Community Association, stated that a direct connection of MacArthur Boulevard to the Corridor "makes a good deal of sense," as there are no connections going to the south, and the Ford Road and San Joaquin Hills Road connections are not needed. He referenced petitions being circulated by Newport 2000 regarding the connections, and stated the petitions will be turned into the County. Craig Yamasaki, resident of Harbor Woods area, stated that his area will be directly affected by the decisions made by the Council regarding this issue, but he felt the Council would look at what is best for the community and make the right decision. Alysun Turner, 3839 Ocean Birch Drive, Spyglass Ridge, stated that if San Joaquin Hills Road is extended, the 200 youths from Spyglass Hill who cross that highway everyday will be put in jeopardy because of the dangerous conditions. Robert Duke, 7 Muir Beach Circle, stated that when the various homeowner associations met from Spyglass and Harbor View Hill areas, their premise was that "every effort be made to equalize new Corridor and Pelican Hill Road traffic as much as possible within Ford Road, San Joaquin Hills Road and San Miguel Road." He referenced documents dated October 5 and 7, 1988 regarding compromise positions reached by homeowners in the two conflicting areas, and outlined those recommendations and differences. Von Hickman, resident of Seaview, stated that if a fair allocation of traffic from the Corridor is to be made, then both connections should be approved. He also stated that the residents in his area do not support any direct connection at Ford Road regardless of any connection at San Joaquin Hills Road. Council Member Sansone referred to the petitions being circulated by Newport 2000 and stated that the petitions are just an example of what can be done by using "scare tactics," and that the mailers that went out by the organization are "full of half- truths." He stated he supports the Corridor and Volume 42 - Page 401 GPA 87 -1 (A & E) COUNCIL MEMBERS *A �G Of y t'O • • Motion • X CITY OF NEWPORT BEACH MINUTES October 10, 19813 appreciates the compromise agreements the various homeowners have reached from the Spyglass, Harbor View and Seaview areas. He also felt the City should work with the City of Irvine regarding the Corridor, and if it is legally possible, 11e would like to restrict the size of trucks on the Corridor. He also supports Mr. Beek's idea of a flyover at MacArthur Boulevard. Council Member Turner expressed his concerns regarding traffic from the City of Irvine on Jamboree Road and MacArthur Boulevard, through Corona del Mar to Laguna Beach. He stated he supports the document dated October 7, 1988, but would also like consideration given to the impact of traffic upon Jamboree Road and MacArthur Boulevard, as those two boulevards should not take the "brunt" of traffic as a result of not connecting to the Corridor. Council Member Plummer stated she supports the Corridor as a bypass to protect the streets in Corona del Mar, and the impact of traffic on MacArthur Boulevard and Jamboree Road. In response to question raised by Council Member Plummer, Terry Austin, Traffic Consultant, stated that when Pelican Hill Road is completed, it is estimated to take approximately one -third (10,000 cars) of the traffic off Pacific Coast Highway onto Pelican Hill Road, and it will then take approximately 7 to 10 years for that traffic to increase back to that original level in Corona del mar, approximately in the mid - 1990'x. At that time, it is hoped there will be some form of Corridor which will then once again. relieve traffic in Corona del Mar. Following comments by Council Member Turner, motion was made by Mayor Pro Tem Hart regarding the Circulation Element, as follow;: A. Ford Road, between MacArthur Boulevard and the San Joaquin Hills Transportation Corridor 1. Ford Road be realigned northerly. Volume 42 - Page 402 GPA 87 -1 (A 6 E) • r �J • CITY OF NEWPORT BEACH COUNCIL MEMBERS .\aG901 ODt �9G9 �G�� � S- 'A October 10, 1988 MINUTES 2. An indirect connection be made between realigned Ford Road and San Miguel Drive. 3. The Circulation Element Map show the designation of "Routes That Require Further Coordination" for Ford Road and the San Miguel Drive intersection with realigned Ford Road. B. San Joaquin Hills Road easterlv of Sovalass Hill Road 1. San Joaquin Hills Road may be extended to connect to Pelican Hill Road when Pelican Hill Road is fully operational between Coast Highway and Bonita Canyon Road /MacArthur Boulevard. Prior to that time the connection may be made to serve the Newport Down Coast development provided that Pelican Hill Road does not connect to Coast Highway before it connects to Bonita Canyon /MacArthur Boulevard. 2. Unless fully noticed public hearings are held, the extension of San Joaquin Hills Road east of Pelican Hill Road shall not occur as per City Resolution Nos. 85 -11 (Item No. 6) and 88 -89 (Item No. 5). However, San Joaquin Hills Road easterly of Pelican Hill Road may remain in the Circulation Element and be shown on the Circulation Element as "Routes That Require Further Coordination." 3. The designation shall be changed from a Major road (6 lanes divided) to a Primary road augmented (4 lanes divided with widening at intersections as needed). Volume 42 - Page 403 87 -1 6 E) CITY OF NEWPORT BEACH COUNCIL MEMBERS ce*�Nq • Wes MINUTES October 10, 19813 C. Changes to A and /or B 1. Any future action to change the designation of Ford Road or San Joaquin Hills Road as described in A and B above shall be the subject of fully noticed public hearings. with all affected arterial intersections and links being reviewed as part of the hearings. Council Member Strauss indicated he felt that the language regarding public hearings for the extension of San Joaquin Hills Road beyond Pelican Hill Road weakens the City's position, and should be changed to read: "The extension of San Joaquin Hills Road east of Pelican Hill Road shall not occur." Mayor Pro 'rem Hart expressed her desire that a consensus and unanimous vote be achieved so as to be most effective with the County. After additional questions from the audience and Council discussion, the motion, as originally made by Mayor Pro Tem Hart, was voted on and carried. Council Member Strauss stated that in 1985 when Resolution No. 85 -11 regarding the City's position on the Corridor was adopted, the Council unanimously agreed on language in that resolution which has since been brought up -to -date. He stated he would like to have the following revised language included in the proposed resolution under consideration: "The approval and /or modification of the Circulation Element as it pertains to the San Joaquin Hills Road and Ford Road interchanges with the San Joaquin Corridor is done with the full understanding that the City of Newport Beach will not participate in the San Joaquin Corridor Program to fund, design, approve or construct the Corridor . unless and until the City's position concerning the Corridor's interchanges are realized and fully protected in the Joint Powers Agreement or relevant contract documents." Volume 42 - Page 404 87 -1 6 E) COUNCIL MEME • Motion x CITY OF NEWPORT BEACH Ayes x x Noes x x x x Motion x All Ayes • Motion u x MINUTES October 10, 19813 Council Member Strauss stated that the purpose of the foregoing language is to make it clear that the City Council is serious enough to express some type of bargaining power, and to represent the residents the best way possible in an area which is out of our jurisdiction. Motion was made by Council Member Strauss to approve the foregoing wording and include it in the proposed resolution under consideration. Mayor Cox spoke in opposition to the motion, indicating he did not feel it was appropriate. He stated that "dialogue" is what "gets things done," and not threatening remarks such as suggested. The motion was voted on and FAILED. x Bicycle Trails Plan Motion was made to include the changes in the Bicycle Trails Plan recommended by the Bicycle Trails Committee in the Circulation Element. Mesa Birch Connection and Alignment Motion was made to approve the realignment of the intersection at Mesa Drive and :Birch Street, Mesa Drive and Acacia Street, "or" other possible alignments to provide a through traffic connection, and that a precise alignment study and EIR shall be completed prior to annexation. Taylor Grant, 1985 Port Edwards Circle, owner of property on Irvine Avenue, stated that he supports staff's recommendation with regard to the study of alternate routes, but would also suggest eliminating Acacia Street. The Public Works Director asked Council Member Turner if it was his intention, when making'the motion that the Mesa /Birch Alignment and the designation of Birch Street as a secondary highway was still a possibility, to which Council Member Turner replied in the affirmative. Volume 42 - Page 405 ;PA 87 -1 (A 6 E) COUNCIL MEME I\X • All Ayes • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 Mary Davis, 1971 Mesa Drive, member of ABCOM, referred to their letter of September 28, 1988. She stated they favor the Mesa /Birch alignment and widening, and feel that Number 19 of the proposed Circulation Element should not be deleted as requested by Mr. Jack Mullan at the last City Council meeting, due to the many delays to which their homeowners organization has already been subjected to. Following discussion, the motion was amended to add the following: "The connection and alignment estimates selected shall accommodate sufficient traffic to insure that ICU's for all intersections affected by the connection are equal to, or lower than those predicted in this element. The motion, as amended, was voted on and carried. Clarification of the foregoing amended motion, is as follows: A secondary road (4 lane, undivided) shall be designated from Mesa Drive at Irvine to Birch Street at Jamboree. The precise alignment of the road shall be selected after completion and consideration of a precise alignment study and EIR, which will consider the realignment of the intersection of Mesa Drive and Birch Street, Mesa Drive and Acacia Street and other possible alignments to provide through traffic connection. These studies shall be completed prior to annexation. The connection and alignment ultimately selected shall accommodate sufficient traffic to insure. that ICU's for all intersections affected by the connection are equal to, or lower, than those predicted in this element. LAND USE ELEMENT: Commercial Issues Robert Lenard explained the purpose of the recommendation to extend the 1.5 mixed use residential PAR to all Peninsula areas designated for mixed use residential.. Volume 42 - Page 406 87 -1 & E) COUNCIL MEMBERS 0 • CITY OF NEWPORT BEACH MINUTES October 10, 1988 Paul Balali.s, 1129 E. Balboa Boulevard, spoke in support of the recommendation of 1.5, indicating it would be consistent with other lots in Cannery Village and would allow opportunities for balconies on second floors, etc. With regard to the proposed reduction from 2.0 FAR to .5 FAR in commercial areas, he stated that in order to reduce the size of: a structure, those who chose to cover parking will be penalized under the proposed regulations, and therefore, a higher floor area ratio (FAR) should be allowed. Eric Welton, 2960 Bayview Drive, concurred in the remarks of Mr. Balalis regarding the proposed reduction from 2.0 FAR to .5 FAR in commercial sections, end suggested a study be done on the impact of such reduction. Due to the lateness of the hour, (12 Midnight) no further testimony was taken and the following items were added to the Straw Vote Checklist for October 24, 1988: 1. Lido Marina Village; 2. Density of Mariners Mile; 3. Circulation Element Dover North of Pacific Coast Highway; 4. Circulation Element within Mariners Mile concerning width of Pacific Coast Highway; 5. Marina Park; 6. St. James Church; 7. The Circulation Element and reduction of Marguerite width between 5th Avenue and Pacific Coast Highway; 8. Three parcels of The Irvine Company; 9. Traffic on the Peninsula; 10. Definition of residential buildable area; 11. Avon Street to Santa Ana; 12. Densities on Old Newport Boulevard; 13. Marine Avenue /Agate commercial section; 14. Reduction from 2.0 FAR to .5FAR in commercial sections around the City. There being no objections, this public hearing was continued to 6:00 p.m., October 24, 1988. Volume 42 - Page 407 GPA 87 -1 (A & E) COUNCIL MEMBERS � 16N\0\�A Ct �9G • is Motion All Ayes �J x CITY OF NEWPORT BEACH =TJ1t*_1 October 10, 1988 3. Mayor Cox opened the public hearing and City Council review of an appeal by LELAND H. WEST, Newport Beach, from the unanimous denial by the Planning Commission on September 8, 1988, of: A. TRAFFIC STUDY NO. 49 - Request to accept a revised traffic study so as to permit the establishment of a restaurant in conjunction with the approved auto dealership located on property within the "Retail Service Commercial" area of the Mariners' Mile Specific Plan which includes a request to override the requirements of the Traffic Phasing Ordinance; and the acceptance of an Environmental Document; AND B. USE PERMIT NO. 3229(Amended) - Request to amend a previously approved use permit which permitted the construction of an automobile dealership which exceeded the 26 foot basic height limit in the 26/35 Height Limitation District, on property located at 3000 West Coast Highway, in Mariners' Mile. The proposed amendment includes a request to permit the establishment of a restaurant facility with on -sale beer and wine in a portion of the auto dealership. Report from the Planning Department, was presented. Appeal application w /map from Leland H. West, was presented. Motion was made to continue the subject hearing to 6:00 p.m., October 24, 1988. E. PUBLIC COMMENTS: 1. Rosalie A. Role, 950 Poppy Lane, addressed the Council regarding property she and her husband purchased from the Bren Company known as The Terraces. She stated that after purchasing the site, their front yard was converted into three parking spaces without their consent. She stated she has discussed this matter with staff, and the Bran Volume 42 - Page 408 J/P 3229(A) (88) Stdy 49. Planning (68) COUNCIL MEMBERS I\\ Motion All Ayes is x CITY OF NEWPORT BEACH MINUTES October 10, 198 €t Company, but she felt she needed the help of the City Council in order to resolve the problem. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and extended appreciation for the complete City Council agenda packet now being placed in the Council Chambers lobby for public review. 3. Jean Kiger„ Chairman of the Board of Library Trustees, addressed the Council and spoke in support of their request to relocate Newport Center Library to the proposed Newport Village site adjacent to the proposed Art Museum. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR Pass to second reading on October 24, 1988: (a) Proposed ORDINANCE NO. 88 -36, being„ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 2.36.010 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO STATE AID FOR TRAINING - ADHERENCE TO STANDARDS. [Report from Assistant City Attorney and Police Administrative Division Commander] (b) Removed from the Consent Calendar. I (c) Proposed ORDINANCE NO. 88 -37, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING SECTION .5.18 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MARINE SPECIAL EVENT PERMITS. [Report from Business License Supervisor] Volume 42 - Page 409 Agenda t Info Ctr 88 -36 State (70) (27) 88 -37 Evnts COUNCIL MEMBERS y � • • CITY OF NEWPORT BEACH MINUTES October 10, 1988 (d) Proposed ORDINANCE NO. 88 -38, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.66.081 TO THE NEWPORT BEACH MUNICIPAL CODE TO PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IN THE POINT DEL MAR DEVELOPMENT. [Report from Public Works /Traffic Engineering] Schedule for public hearing on October 24, 1988 - (e) Proposed ORDINANCE NO. 88 -39, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ADOPT AN ORDINANCE PROHIBITING THE CREATION OF SECOND FAMILY UNITS IN SINGLE FAMILY OR MULTI- FAMILY DISTRICTS (PLANNING COMMISSION .AMENDMENT NO. 669). [Report from Planning Department] 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -96 declaring the City's intention to vacate a portion of Spyglass Hill Road; accepting a map showing the portion of Spyglass Hill Road to be vacated; and setting November 14, 1988, as the date for the public hearing concerning the intended vacation. [Report from Public Works Department] (b) Resolution No. 88 -97 establishing investigation fees ($172) for ESCORT PERMITS. (Report from Business License Supervisor) (c) Resolution No. 88 -98 establishing fees ($90) for ESCORT EMPLOYEE PERMIT APPLICANTS. (Refer to report w /agenda item F -2(b) above) Volume 42 - Page 410 Ord 88 -38 Traffic Pt. Del Mar (85) 88 -39 PCA 669 (94) Prtn Spygls Hl Rd Res 88 -96 (90) Escort Prmt/ Bus Lic Res 88 -97 (40) Escort Empl Prmt /Bus Lic Res 88 -98 ($0) • is is CITY OF NEWPORT BEACH y9� C* 9� G� October 10, 1988 �p N 3. CONTRACTS /AGREEMENTS: (a) Approve First Amended and Restated Joint Exercise of Powers Agreement for San Joaquin Hills Transportation Corridor (Contract No. 2548); and authorize Mayor and City Clerk to execute the amended agreement. [Report from Public Works Department] 4. COMMUNICATIONS - For referral as indicated: J MINUTES SJoaquin Hls TCdr /1st Amd Jt Pwrs Agm C -2548 (38) (a) To Fire Chief for inclusion in the Fire Dpt records, letter of "heartfelt (4 1) gratitude" from Barry J. Walshe to the :Live- saving Services of the Corona del Mar and Financial Center Paramedic Teams. (b) To General Services Department for GenS response, letter of complaint from (44) Mark Lambert, suggesting that official city trash receptacles have longer chains allowing them to be emptied without having them to be unlocked in the vicinity of River Avenue (dead end section). (c) To Parks, Beaches and Recreation PB &R Department for inclusion in the (62) records, letter from Friends of Oasis regarding funds to maintain services, purchase new equipment and expansion of the center. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Removed from the Consent Calendar. (b) Todd McMiniment by Mannerino & McMiniment/ Briguglio, Attorneys alleging Fire Mannerino Department, while rendering & Briguglio emergency services, inserted nasal airway which permanently damaged esophagus and larynx of claimant on May 26, 1988 at Harbor View Elementary School. Volume 42 - Page 411. • • 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS G�II' F9 October 10, 19813 MINUTES (c) Application to Present Late Claim of Randall Palmer alleging personal injuries as a result of incident with Marine Department employees on January 17, 1987 at the Balboa Marina. (d) The Red Onion Restaurant seeking indemnification from claim filed by Frances Mauro on behalf of Darlene Mauro regarding the allegation that alcohol was served to Darlene by City ;police officers. (e) State Farm Insurance Company for Matt Gillis alleging City police vehicle rear -ended claimant's vehicle on May 15, 1988 at intersection of Via Lido and Newport Boulevard. 7. SUNKONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Groundsworker I, Parks Division. (b) One Police Records Assistant, Administrative Division. Onion (66) Farm (c) One Building Department Clerk. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Library Board of Trustees request Library that City endorse Proposition 85, (50) the LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 1988, on the November 8. 1988 General Election ballot. (b) Request to waive facility fees at PBSR /Srvs Carroll Beek Center meeting room (62) for CUB SCOUT DEN 68, on Wednesday afternoons from 2:30 - 4:00 p.m., beginning October 1988 through May 1989„ (Report from Parks, Beaches and Recreation Director) Volume 42 - Page 412 COUNCIL MEMBERS • Ll • CITY OF NEWPORT BEACH MINUTES October 10, 19813 (c) Accept recommendation of AVIATION Aviation COMMITTEE to retain Mestre /Greve Cmte /Orng Associates to study noise abatement Cnty -JWA departures at John Wayne Airport. (24) (Report from Executive Assistant to the City Manager) (d) Removed from the Consent Calendar. (e) Removed from the Consent Calendar. For Council information and filing: (f) Report from the Planning Department regarding ELECTION OF PLANNING COMMISSION OFFICERS for FY 1988/89. (g) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON SEPTEMBER 22, 1988. 10. PUBLIC HEARING SCHEDULING: October 24, 1988 - Refer to Agenda Item P -1(e). November 14, 1988 - Refer to Agenda Item F -2(a). 11. SPECIAL EVENT PERMIT APPLICATION NO. 88 -328 - Uphold staff's recommendation for approval of public fireworks display at Davidson Field on Friday, November 4, 1988 from 8:30 p.m. for the half time homecoming football game by Newport Harbor High School, subject to conditions in the staff report. (Report from Business License Supervisor) 12. RESUBDIVISION NO. 856 - Uphold staff's recommendation to approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 856 (600 Heliotrope Avenue and Third Street, Corona del Mar); and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works Department) Ping Cmsn (24) Plug Cmsn (68) Permit /Spcl Evnt Apli# 88 -328 (65) Resub 856 (84) 13. CURB CUT APPLICATION OF WALLACE D. Permit /Crb GIRLING - Uphold staff's recommendation Cut- Girling to approve. subject application to (65) construct curb cut at 200 Crystal Avenue, Balboa Island. (Report from Public Works Department) Volume 42 - Page 413 CITY OF NEWPORT BEACH COUNCIL MEMBERS G � •w�� October 10, 1988 MINUTES 12209 792 (84) Resub 852 (84) Tfc Sgnl/ Sfty Lgtg SMiguel/ Npt Ctr C -2584 (38) Tract 12528 14. TRACT NO. 12209 - Accept the public improvements constructed in conjunction with Tract No. 12209 (6000 MacArthur • Boulevard and East Coast Highway at Fifth Avenue in Corona del Mar); and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 9357265) and Labor and Material Bond (Bond No. 9357285) in six months provided no claims have been filed. (Report from Public Works Department) 15. RESUBDIVISION NO. 792 - Accept the public improvements constructed in conjunction with Resubdivision No. 792 (2600 East Coast Highway and Dahlia Avenue, Carona del Mar); and authorize the City Clerk to release the Faithful Performance Surety and the Labor and Materials Surety in the form of a Standby Letter of Credit from Sanwa Bank. (Report from Public Works Department) 16. RESUBDIVISION NO. 852 - Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 852 (1249 West Balboa Boulevard at 13th Street, Balboa Peninsula); authorize the • Mayor and City Clerk to execute the agreement; and accept the Offer of Dedication of an 8 -foot radius corner cut -off at the corner of 13th Street and Balboa Boulevard. (Report from Public Works Department) 17. TRAFFIC SIGNALS AND SAFETY LIGHTING INSTALLATION AT INTERSECTION OF NEWPORT CENTER AND SAN MIGUEL DRIVES (CONTRACT NO. 2584) - Accept the work; and authorize the City Clerk to file 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. (Report from Public Works Department) 18. TRACT NO. 12528 - Accept the public improvements constructed in conjunction with Tract. No. 12528; and authorize the City Clerk: to release the Faithful Performance Surety (Passbook Account No. 44- 090001919 in the amount of $827,500) • and release the Labor and Material Surety (Passbook Account No. 44- 09000181) in six months provided no claims have been filed. (Report from Public Works) Volume 42 - Page 414 12209 792 (84) Resub 852 (84) Tfc Sgnl/ Sfty Lgtg SMiguel/ Npt Ctr C -2584 (38) Tract 12528 COUNCIL MEMBERS \son mot \\ • CITY OF NEWPORT BEACH MINUTES October 10, 1988 19. Removed from the Consent Calendar. 20. BONITA CREEK PARK IMPROVEMENTS (CONTRACT NO. 2505) •- Accept the work; and 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 Public Works Department) 21. Removed from the Consent Calendar. 22. PURCHASE OF PARCEL OF LAND FOR ALLEY - Authorize the City Manager to negotiate the purchase of parcel of land for alley east of Fern Street and adjacent to Pacific Coast Highway; and accept Grant Deed on behalf of the City. (Report from Public Works Department) 23. Removed from the Consent Calendar. 24. BUDGET AMENDMENTS - For approval: BA -027 - $4,000 Transfer in Budget Appropriations for purchase of FAX machine; Nondepartmental- Office Equipment Fund. BA -028 - $805 Transfer in Budget Appropriations to Unappropriated Contingency Reserve to replace refrigerator in Employees Lunch /Break Room; General Fund. BA -029 - $65,900 Increase in Budget Appropriations and Revenue Estimates for additional, funds from California Literacy Campaign and appropriation of those funds; Library Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Public Works Department recommending Council uphold staff's approval of ENCROACHMENT PERMIT APPLICATION OF JOSEPH IRANI to construct a 5 -foot wide planter in the Ocean Front Street end of 37th Street adjacent to 3701 Seashore Drive, subject to conditions listed in the staff report, was presented. James Irani, representing his uncle Joseph Irani, applicant, addressed the Council in support of the request and submitted photographs of planters in the area similar to that being requested. He stated they were not asking for Volume 42 - Page 415 Bonita Crk Prk Imprvm (38) Fern & PCH prpty fr alley (73) (25) Permit/ Encrchm Irani (65) COUNCIL MEMBERS • Motion All Ayes x CITY OF NEWPORT BEACH o iss on IXIxIxIXIxIxIx Motion 46 Ayes x MINUTES October 10, 1988 anything that is not already existing in the immediate vicinity, and felt the planters at the Ocean Front street end would improve the overall environment, stop potential hazard to pedestrians and local dwellers, clear the area of congestion and blockage of entry to the beach, etc. Motion was made by Council Member Plummer to continue this item in order that the staff can meet with the applicant, and other property owners in the area, to determine if a "model" program can be developed for all Ocean Front street ends on Seashore Drive to the Santa Ana River. 2. Report from Public Works Department recommending Council uphold staff's denial of ENCROACHMENT PERMIT APPLICATION by Tex Oppenheim, A.I.A., to install a brick planter wall in Lindo Lane adjacent to 507 West Edgewater Place, subject to applicant executing a nonstandard improvement agreement which provides for installation and maintenance: of the wall, was presented. Motion was made to approve the subject request, which motion FAILED. 3. Report from City Attorney recommending REMOVAL OF THREE EUCALYPTUS TREES on the west side of Poppy, was presented. The City Clerk advised that after the agenda was printed, a letter was received from the City's Street Tree Committee, recommending that action be deferred, until after the City sponsored neighborhood meeting is held at the Corona del Mar Youth Center on October 25. In addition, a letter was received from Michael L. Chandler, 318 Poppy Avenue, opposed to the removal of any eucalyptus trees, and a petition with approximately 53 signatures, opposing the removal of any tree from Poppy Avenue, as well as any other street in Corona del Mar. In view of the foregoing, motion was made to defer action on this item to November 1.4, 1988. Volume 42 - Page 416 Irani/ Encrchm Permit/ Encrchm 507 Edgewtr (65) Tree (62) COUNCIL MEMI 1\0\ • Motion All Ayes Motion All Ayes 40 Motion All Ayes ion All Ayes X X x xi CITY OF NEWPORT BEACH MINUTES October 10, 198EI 4. Report from Executive Assistant to the Aviation City Manager, recommending approval of Cmte /Orng the AVIATION COMMITTEE to send Cnty -JWA correspondence to John Wayne Airport (24) Management regarding improvement to Noise Abatement System, was presented. Motion was made by Council Member Turner to approve the subject letter with correction, and adding a paragraph 5 to read as follows: "Recording devices for handling week-end complaints apparently are inadequate. Citizens allege that their calls are not recorded because "the tape ran out." if this is the case, please replace the current system with one containing adequate capacity." 5. Letter from BRIAN HAFER, LIFE SCOUT IN Election TROOP 333, was presented. 1 (39) Council Member Plummer commended Brian Hafer on his offer to lead his troop and remove campaign signs in the City after the national election in November, 1988, and made a motion to approve his request. 6. Report from Assistant City Attorney and Buai Business License Supervisor regarding Lic/ proposed ordinance pertaining to the Hndb distribution of commercial handbills on (27) private premises, was presented. Motion was made to refer this item back to staff for additional study as recommended by the City Manager. 7. Claim of Sundaga and Marlene Bryant, Brya alleging personal injuries, etc., as a Cl result of being shot by City police (36) officer on September 4, 1988 near Balboa Pier parking lot, was presented. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and indicated that if the City was at fault in this matter, he felt the claimant should be paid for the injuries at this time, rather than the City paying out additional expenses in legal counsel and court fees. Motion was made to deny the subject claim and confirm the City Clerk's referral to the claims adjuster. Volume: 42 - Page 417 COUNCIL MEMBERS y � A, 0 Motion All Ayes • Motion All Ayes 0 x x CITY OF NEWPORT BEACH MINUTES October 10, 1988 H. ORDINANCES FOR ADOPTION: None. I. CONTINUED :BUSINESS: 1. ENVIRONMENTAL QUALITY AFFAIRS /CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to confirm (District 4) Council Member Turner's appointment of Jeffrey Stern to fill the unexpired term of Thomas C. Edwards, ending December 31, 1988. J. CURRENT BUSINESS: 1. Report from Public Works Department regarding ENCROACHMENT APPLICATION OF FAYEZ GARRO to construct Courtyard and 2- foot -high wall encroaching up to 8 feet 24 inches into the public right- of-way at 1721 Kings Road, was presented. The City Manager explained the request, noting that the plans that were submitted to the Planning and Building Departments did not show the property line, and gave the misleading impression that the courtyard was entirely on private property. Motion was made to deny the above request. Mayor Pro 'rem Hart commented that in many instances property owners assume that the curb line is the end of their property line, and she wished there was some way of making persons aware of where their property lines start and end. The Public Works Director stated that many people do not know where their property lines are; however., any licensed contractor experienced with this particular type of work should be knowledgeable. The motion was voted on and carried. Volume 42 - Page 418 Carro (65) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES AG�.y'�G y� p0¢ tIS t19 'A�� October 10, 1988 2. ENVIRONMENTAL QUALITY AFFAIRS /CITIZENS ADVISORY COMMITTEE: Mo ion x Motion was made to confirm (District 2) yes Council Member Plummer's appointment of Evie Compton to replace John Vestal, for term ending December 31, 1988. Meeting adjourned at 12:35 a.m., October 11, 1988, to 6:00 P.M., October 24, 1988. The agenda for this meeting was posted on October 6, 1988, at 8:45 a.m., on the City Nall Bulletin Board located outside of the City of Newport Beach Administration Building. on R 0 i Volume 42 - Page 419