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HomeMy WebLinkAbout11/14/1988 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES REGULAR C13UNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. ALL DATE: November 14, 1988 Present Motion .All Ayes ion All Ayes Orion All Ayes x x x x x x x x x x A. ROLL CALL. B. Reading of Minutes of Meeting of October 24, 1988, was waived, approved as written, and ordered filed. C. Reading 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 Ord 88 -43 regarding proposed ORDINANCE NO. 88 -43, Zoning being, Dwelling Unt PCA 671 AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ADOPT AN ORDINANCE REVISING THE DEFINITION OF THE TERM "DWELLING UNIT" (PLANNING COMMISSION AMENDMENT NO. 671], was presented for second reading, with report from the Planning Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 88 -43, amending the Municipal Code to revise the definition of the term "dwelling unit." 2. Mayor Cox opened the public hearing Vacation/ regarding VACATION OF A PORTION OF Prtn Spygls SPYGLASS HILL ROAD. Hill Rd (90) Report from the Public Works Department, was presented. A map was displayed depicting the area to be vacated. It was noted that as a condition of approval of Resubdivision No. 861, approved by the Planning Commission on March 24, 1988, the unused portion of Spyglass Hill Road right -of -way adjacent to 3841 Ocean Birch Drive was to be abandoned prior to recordation of the resubdivision. The property owner, James C. Manning, has requested that the vacation process be initiated so that the parcel map can be recorded. Volume 42 - Page 488 COUNCIL MEMBERS A A • CITY OF NEWPORT BEACH MINUTES November 14, 1988 Council Member Sansone stated that representatives of Spyglass Ridge Community Association were in attendance to address the issue of the Manning project, as a whole, even though their concerns do not pertain to the actual abandonment of a portion of Spyglass Hill Road. Dr. Jay Donald Turner, 3839 Ocean Birch Drive, Member of Spyglass Ridge Community Association, addressed the Council and stated that on May 9, 1988, the City Council approved an amendment to the LCP to remove any restrictions in order to allow development on what is known as the Manning parcel. Their association opposed the proposal at that time because they knew the subject parcel had been designated as Recreation and Open Space. They were informed at said Council meeting "that no residential development would be permitted on the site until the Coastal Commission approves the amendment to the LCP to allow said use." On November 3, 1988, he :received a letter from City Attorney Robert Burnham, advising that the City staff had discovered the subject parcel was "out of" the Coastal Zone, and therefore, not under the jurisdiction of the Coastal Commission. However, it is their feeling that the parcel should be in the Coastal Zone. They believe that the City Council approved the resubdivision, in part, based upon erroneous information contained in City maps. In summary, they feel the City Council has "let down" their association on two counts. (1) It failed to protect the Recreation and Open Space designation that was placed on the subject parcel; and (2) the City entered into a trade -off agreement with The Irvine Company regarding Open Space in Buck Gully, which agreement is not being protected by the City. They feel that due to the "isolated." area in which they reside, Recreation and Open Space should be preserved.. In conclusion, it was requested. that no permits be issued at this time:. Reference: was also made to a letter dated November 11, 1988 to the City Council from Terry Watt, Urban Planner, Shute, Mihaly & Weinberger, Attorneys representing the Spyglass Ridge Community Association. Volume 42 - Page 489 ion/ Spygls Rd COUNCIL MEMI � 4p y o \ Gy A °t 0 CITY OF NEWPORT BEACH MINUTES November 14, 1988 The City Attorney advised he had a meeting with Dr. Turner and a Mr. Brown, who contended that the Manning parcel was within. Buck Gully and that the Council erred when it approved the project, on the grounds that in 1985 the Council had removed all development rights from Buck Gully in consideration of approval of the 5th Avenue /Marguerite parcels. He stated that he had reviewed a topographical map of the area, the Land Use Element map, Recreational and Open Space: map, and the map within the Local Coastal Plan, and that the first three maps mentioned all show that the Manning parcel is outside of what is commonly understood as Buck Gully. The only map that designated the parcel as Recreation and Open Space was the Local Coastal Plan, and that is why the Planning staff recommended that the Planning Commission and City Council approve art LCP amendment when this project was processed. In his opinion, there is no clear evidence that the Manning parcel was within Buck Gully when the City Council removed development rights from that area in 1985. When this project was researched earlier this month, it turned out that the entire parcel was well outside the Coastal Zone. The fact that the Council approved an LCP amendment, in the opinion of staff, suggests that the Council did not believe the particular parcel was one that would be within Buck Gully, the area from which development rights were removed. In addition, the fact that the Council imposed a condition on the map that requires a Coastal permit which is no longer valid, there is no way the applicant can now obtain a Coastal permit due to the parcel not being within the Coastal Zone. The City Attorney also pointed out that the time for litigating the validity of the Council's approval of the map act expired 90 days after its approval on May 9, 1988, and stated there is really nothing further the City Council can do at this time. The Planning Director explained to the Council how the Coastal boundary was drawn by the staff and the citizens committee that came up with the plan for the LCP, and why the staff believes that this project was within the Coastal Zone Volume 42 — Page 490 ion/ Spygls Rd • is CITY OF NEWPORT BEACH COUNCIL MEMBERS 'y F November 14, 1988 MINUTES when it was considered by the Planning Commission and City Council. He stated that in 1970, the subject property was actually two lots of a tentative map proposed to be included in the subdivision, which is now Spyglass Ridge. Between the time that the tentative map was approved and the final map was recorded, a decision was made on the part of the subdivider to hold out the subject parcel from the subdivision, and therefore, the subsequent final map did not include this parcel. Later on, the Coastal Commission was established and a Coastal boundary was determined, and was drawn on a USGS map which does not show any property lines. When the City adopted its LCP, the boundary is noted as a "straight and jagged" line and not a curved line, and the staff interpreted that line to follow the backs of the subdivided properties, and when the line reached the corner of Dr. Turner's property and The Irvine Company /Manning site, it extended the Coastal boundary to Ocean Birch Drive because that particular piece of property, by that time, had been left out of the final map. A question was raised last week as to the line drawn on the LCP map, and the line drawn by the Coastal Commission, wherein it was determined by the Coastal Commission staff that the Manning parcel is not within the Coastal Zone. Discussion ensued, wherein Dr. Turner commented that they did not obtain the services of their legal counsel until two weeks ago, as they had no intention of litigating at the City level, because they felt they had recourse at the Coastal Commission level, but is now no longer true. Jim Manning, 8 Windsor, applicant, addressed the Council and emphasized that the issue under consideration is a proposed vacation of right -of -way for the subject parcel. The General Plan shows his property as R -1 -B and the Recreation and Open Space designation should never have been placed on the property. He stated he has spent approximately $35,000 to get the project where it is today, and felt he should not have his rights denied because of a mistake which he did not make. With regard to the density transfer of development rights referred to earlier, he stated. the density transfer was for Volume 42 - Page 491 Spygls Rd COUNCIL MEMBERS • Motion • CITY OF NEWPORT BEACH x Ayes x x Noes x x x x x Motion x Ayes x x x x x x Noes x MINUTES November 14, 1988 the lower - higher density of Buck Gully, which his property is not a part of. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Sansone indicated he felt that Spyglass Ridge Community Association would litigate this issue, providing funds become available, and therefore, moved to deny the request for the proposed vacation of a portion of Spyglass Hill Road. He stated that in the event a court should decide in favor of .the applicant, this item can then be reconsidered. Council Member Turner indicated he would not be supporting the motion, stating that even though there were errors made, he did not feel those errors affected the adjoining property owners to that extent, and it would only compound the error if the application was denied at this point-. In response to Council inquiry, the City Attorney reiterated that the only map that showed the subject parcel as Recreation and Open Space was the LCP, before it was amended in conjunction with approval of this resubdivision, and as stated before, the LCP should not have included the subject parcel. Council Member Strauss indicated he felt there was a "certain amount of injustice here," and that both parties are in the right, so -to- speak, and therefore, he will support the motion. Following discussion, the motion was voted on and FAILED. In view of the foregoing, motion was made to adopt Resolution No. 88 -107, ordering the vacation and abandonment of a portion. of Spyglass Hill Road; and direct the City Clerk to have subject resolution recorded. Mayor Pro Tem Hart requested that the Council be given a detailed map of the Open Space in Buck Gully in order to determine the boundaries, to which there were no objections. Volume 42 - Page 492 Spygls Rd COUNCIL MEMBERS .y G • Motion All Ayes u x CITY OF NEWPORT BEACH MINUTES November 14, 1988 3. Mayor Cox opened the public hearing to consider approval of LIMITED GRANT FUNDS FOR ELIGIBLE JURISDICTIONS CONCERNING METHANE GAS ACCUMULATION [SENATE BILL 4561. Report from Utilities Director, was presented.. The City Manager noted that the $105,000 allocation provided by the State will be used to identify public areas that would permit the location and installation of vents to dissipate the gas and for the preparation of a hazardous gas mitigation plan that would be incorporated into the safety element of the General Plan. He stated the actual breakdown of funds will be spent as follows: $40,000 - location of vents $65,000 - preparation of hazardous mitigation plan and strategies for private individuals In response to Council inuqiry, Robert Dixon, Utilities Director, stated that sites will be in accordance with locations identified in the "Roberti" report, but it is estimated that the vents will be located in the area bounded by Pacific Coast Highway, Balboa Boulevard and the Bay Bridge, and that when the :final determination is made, a report would be given to the Council. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to approve the pre - application request and direct staff to proceed with a formal application for funds. E. PUBLIC COMMENTS: 1. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and commented on an editorial appearing in today's Daily Pilot, authored by Allan Beek. 2. William J. Cecka, Jr., 1 Monterey Circle, addressed the Council and expressed his appreciation to the Library Board and City Council for the "wonderful libraries that Newport Beach enjoys." He stated he is an avid Volume 42 - Page 493 ities/ ane Gas Grnt Fnds COUNCIL MEMBERS ti P JG�2.q�G ;RALL CALL • Motion All Ayes • • x CITY OF NEWPORT BEACH MINUTES November 14, 1988 reader, visits the libraries frequently, and felt they are staffed with competent, cooperative and courteous personnel. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on November 28, 1988 - (a) Proposed ORDINANCE NO. 88 -44, Ord 88 -44 being, Emereenev AN ORDINANCE OF THE CITY (28) COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 2.20 PERTAINING TO EMERGENCY SERVICES AND PROCLAMATIONS. [Report from Executive Assistant to the City Manager] 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -108 establishing Fees /Marine FEES FOR MARINE CHARTER PERMITS. Charter Prmt [Report from Business License Res 88 -108 Supervisor] (40) (b) Removed from the Consent Calendar. (c) Resolution No. 88 -110 DECLARING PERS Amnd/ INTENTION TO APPROVE AN AMENDMENT Res 88 -110 TO THE CONTRACT BETWEEN BUREAU OF (66) ADMINISTRATION OF PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) AND THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH. [Report from Personnel Director] (d) Resolution No. 88 -111 adopting Pkg /Off -St OFF - STREET PARKING STANDARDS and Stds rescinding Resolution No. 5763. Res 88 -111 [Report from Planning Department] (63) (e) Resolution No. 88 -112 authorizing PCH Widng the Mayor and City Clerk to execute Jamboree - PROGRAM SUPPLEMENT NO. 006 to the Baysd Dr/ Local Agency /State Agreement No. PH -II 12 -5151, covering the construction Res 88 -112 of COAST HIGHWAY WIDENING PROJECT FROM C -2711 JAMBOREE ROAD TO BAYSIDE (38) DRIVE -PHASE II (CONTRACT NO. 2711). [Report from Public Works Department] Volume 42 - Page 494 COUNCIL MEMBERS A 1\� ti • • • CITY OF NEWPORT BEACH MINUTES November 14, 1988 3. CONTRACTS /AGREEMENTS: (a) Approve MODIFICATION AGREEMENT with Robert Bein, William Frost & Associates for DESIGN OF PACIFIC COAST HIGHWAY WIDENING PROJECT (CONTRACT NO. 2591); and authorize Mayor and City Clerk to execute subject modification agreement. [Report from Public Works Department] (b) Approve AMENDED ENGINEERING SERVICES AGREEMENT with Williamson and Schmid Consulting Civil Engineers for NEWPORT BOULEVARD WIDENING, 32ND STREET TO PACIFIC COAST HIGHWAY (CONTRACT NO. 2642B); and authorize the Mayor and City Clerk to execute subject agreement. [Report from Public Works Department] (c) Approve CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES AGREEMENTS (2) with Gregory L. Deist and Albert M. Binsfield as temporary part -time employees to provide construction management and engineering services to WIDEN PACIFIC COAST HIGHWAY (CONTRACT NO. 2608); and authorize the City Manager to execute subject agreements. [Report from Public Works Department] (d) Approve AGREEMENT with CalTrans for WIDENING PACIFIC COAST HIGHWAY BETWEEN NEWPORT BOULEVARD AND HIGHLAND STREET (CONTRACT NO. 2591); and authorize the Mayor and City Clerk to execute subject agreement and approve a budget amendment. (Report from Public Works Department) (e) Approve an AGREEMENT between The Irvine Company and the City of Newport Beach for STREET IMPROVEMENTS ALONG THE WESTERLY SIDE OF JAMBOREE ROAD FROM SAN JOAQUIN HILLS ROAD to approximately 1000 feet southerly of Santa Barbara Drive; and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) Volume 42 - Page 495 PCH Widng Design Agm Mdfctn /Bean, Frost C -2591 (38) Npt B1 Wdng 32nd -PCH/ Amnd Engr Agm C -2642B (38) PCH Widng Cnstr Mgm/ Engr Agms C -2608 (38) PCH Widng/ CalTrans Npt B1- High land St C -2591 (38) St Imprvms W /Jamboree Fm SJH Rd- StaBarbara w /TIC C -2724 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES AG�y�GS �� Ot 9 9tn9G��A 3a` G� ROLL CALL November 14, 1988 INDEX (f) Approve AGREEMENT with CalTrans for PCH Widng PACIFIC COAST HIGHWAY WIDENING Highland - BETWEEN HIGHLAND STREET AND Brookhurst/ • BROOBIIURST STREET (CONTRACT NO. w /CalTrans 2635); and authorize the Mayor and C -2635 City Clerk to execute subject (38) agreement. [Report from Public Works Department] (g) Approve CONTRACT NO. 2133 between Police Heli- City of Newport Beach and Tallmantz copter Mtnc Aviation, Inc., for POLICE Agm /Tallmant HELICOPTER MAINTENANCE. [Report C -2133 from Police Chief] (38) (h) Approve EXTENSION OF AGREEMENT Recycling CONTRACT NO. 1644 between City of Resres /Mike Newport Beach and MIKE MACARDICAN Macardican ENTERPRISES, INC., DBA RECYCLING C -1644 RESOURCES for sale of used (38) newspapers. [Report from General Services Director] 4. COMMUNICATIONS - For referral as indicated: (a) To General Services Department for GS response, letter from Mr. and Mrs. (44) J. T. Peterson regarding Orange Avenue restroom. (b) To Code Enforcement, Planning Planning Department, for response, letter (68) from Jean S. Liechty citing unreasonable noise of various kinds coming from Reuben E. Lee Restaurant Boat. (c) To Traffic Affairs Committee for TAC inclusion in the records, letter (85) from Mrs. Audrey C. Ramskow against bumps in Newport Shores area, streets and alleys, citing liability problems. (d) To Aviation Committee for inclusion Aviation in the records, letter from Phyllis M. Cmte Egloff regarding airport noise, and (24) in favor of finding other facilities to alleviate the problem. (e) To Public Works Department for PW response, letter from Gary Kao of (74) • Dynasty Import, Inc., requesting Council reconsider its prior position regarding San Jaoquin Hills Transportation Corridor. Volume 42 - Page 496 COUNCIL MEMBERS • 0 r CITY OF NEWPORT BEACH MINUTES November 14, 1988 (f) To Personnel Department for Pere inclusion in the records, letter (66) from William Blurock complimenting Bob Lenard, Advanced Planning Manager, regarding administration of General Plan Amendment 87 -1(A & E). 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) Jerry Adams alleging City sewer Adams line not hooked up to claimant's sewer line when installed; seeking reimbursement for costs involved in sewer backup at 505 29th Street, June -July, 1988. (b) William Bostick alleging his Bostick vehicle was rear -ended by City truck: at Balboa Avenue near Pacific Coast: Highway on October 10, 1988. (c) Sheila Ann Crossen alleging her car Crossen was rear -ended as a result of a City truck hitting the vehicle behind her on Balboa Boulevard, off Pacific Coast Highway, on October 10, n88. (d) Removed from the Consent Calendar. (e) Estelle Kuhl alleging that due to new concrete sidewalk installed at 422 Orchid Avenue, her star jasmine hedge plant died; seeking reimbursement for new plant and gardener's labor. (f) Linda C. Larson alleging trip and fall on sidewalk at 608 Bay Front and Ruby Drive, Balboa Island on October 17, 1888; seeking reimbursement of headphones claimant was wearing. (g) The Newporter Resort seeking indemnification, Contributory Relief pursuant to Government Code Sections 901/910 regarding Application to Present Late Claim of Vicki Parsons, whose daughter, a passenger, was killed in traffic accident on January 23, 1987 on Volume 42 - Page 497 The Newport - er Resort/ • • CITY OF NEWPORT BEACH COUNCIL MEMBERS \I\INy4p � November 14, 1988 MINUTES Interstate #405, alleging City Police officers supplied driver of car, Darlene Mauro, a minor, with alcohol prior to occurrence. (h) The Old Spaghetti Factory alleging Old Spaghet- restaurant could not open up due to ti Factory raw sewage backup; seeking reimbursement of loss in sales, cleanup, etc., on October 9, 1988, at 2110 Newport Boulevard. (i) Larry C. Rodgers alleging damage to his bicycle as a result of fall due to muddy area in alley behind Newport Beach Police Department on September 14, 1988. (j) Paula Lynne Roltisni (Boyd) alleging personal injuries and physical abuse to her and her unborn child by City Police officer on July 24, 1988 at 131 36th Street. (k) Charles Vanderlinden alleging house sewer system never hooked up into City sewer system, thereby causing damage to claimant's property at 129 34th Street on August 22, 1988. (1) URO Investments alleging company parked vehicle hit by City truck at Coyote Canyon Dump on June 8, 1988. To City Attorney for referral: (m) Steen Construction alleging the bid they submitted for Channel Park Improvements was proper and should have been awarded the bid for the project; seeking reimbursement costs of $2,000 to cover cost of preparing bid. 7. SUMMONS A14D COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Judith M. Caruthers complaint for personal injuries and property damage, Case Number 547683, Orange County Superior Court. Claim was denied by City Council on 4- 25 -88. 8. REQUEST TO APPROVE /FILL PERSONNEL, VACANCIES: (Report from the City Manager) (a) One Police Officer, Patrol Division. Volume 42 - Page 498 inden Investm (36) (66) Cnstr COUNCIL MEMBERS I'\ .... ' i 0 E CITY OF NEWPORT BEACH MINUTES November 14, 1988 (b) One Utilities Specialist II, Water Division. (c) One Account Clerk, Finance Department. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Report from General Services Director, Chairman, United Way Campaign, regarding results of 1988 -89 UNITED WAY CAMPAIGN. 10. PUBLIC HEARING SCHEDULING - December 12, 1988: (61) ted Wy (a) Hear and pass upon a report by the Finley Tr Public Works Director on the cost St Rcnstr of construction regarding FINLEY C -2462 TRACT STREET RECONSTRUCTION, (38) CONTRACT NO. 2462. [Report from Public Works Department] 11. RESUBDIVISION NO. 841 - Accept offer of dedication of 15' wide easement for storm drain purposes as shown on Parcel Map 87 -159; and accept the offer of dedication of easements for coastal public access as shown on Parcel Map 87 -159, located at 2431, 2439, 2505 and 2597 West Coast Highway, between Tustin Avenue and the Balboa Bay Club in the Mariners Mile Specific Plan Area. [Report from Public Works Department] 12. ENCROACHMENT AGREEMENT /DECLARATION OF COVENANTS LA VIDA - Approve encroachment agreement and declaration of covenants between Landowners for street median improvements along La Vida adjacent to Tract No. 12271; authorize the Mayor and City Clerk to execute the subject agreement; and direct City Clerk to have agreement recorded. [Report from Public Works Department] 841 (84) La Vida (65) 13. SEWER MAIN RELOCATION /116 KINGS PLACE - Sewer Mn Authorize the City Clerk to release the Rlctn /116 Faithful Performance Bond (Bond No. 83 Kings P1 SB 100181180 BCA). [Report from Public (38)C -2543A Works Department] 14. WEST NEWPORT LIBRARY SITE - Authorize WNpt Library the City Manager to sign Right -of -Way Site City Permit. [Report from Public Works (50 Department) Volume 42 - Page 499 COUNCIL MEMBERS � of �y e 1.00*px\�A L J E CITY OF NEWPORT BEACH MINUTES November 14, 1988 15. RESUBDIVISION NO. 882 - Approve the subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 882 (1500 West. Balboa Boulevard); authorize the Mayor and City Clerk to execute subject agreement; and accept the offer of dedication of a 15' radius corner cutoff at the corner of West Balboa Boulevard and 15th Street. [Report from Public Works Department] 16. ACCEPTANCE: OF BALBOA ISLAND ALLEY REPLACEMENT /CONTRACT NO. 2689 - 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] 17. Removed from the Consent Calendar. 18. Removed from the Consent Canlendar. 19. REHABILITATE LINCOLN SCHOOL ATHLETIC FACILITIES CONTRACT NO. 2658 - Approve the Plans and Specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on December 28, 1988. [Report from Public Works Department] 20. Removed from the Consent Calendar. 21. RESUBDIVISION NO. 825 - Accept the public improvements constructed in conjunction with Resubdivision No. 825 (located at 6000 MacArthur Boulevard); authorize the City Clerk to release the Faithful Performance Bond (Bond No. 9357295) and Labor and Material Bond (Bond No. 9357295) in six months provided no claims have been filed. [Report from Public Works Department] 22. SPECIAL EVENT PERMIT - Uphold staff's recommendation for approval, subject to conditions, for Application #88 -388 for amplified sound in a residential area on Friday thru Sunday, November 25, 26, and 27, from 8:00 a.m. to 10:00 p.m., at Newporter Resort Hotel, sponsored by Rick Cole Car Auctions. [Report from Business License Supervisor] 23. Removed from the Consent Calendar. Volume 42 - Page 500 (84) 882 Is Alley C -2689 (38) C -2658 (38) (84) (65) Schl 1.3'.4.1 t /Spcl Apli# COUNCIL MEMBERS \II\N\ • • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES November 14, 1988 24. CITY COUNCIL TRAVEL AND EXPENSE - City Council Approve travel and expense for Council Expense Member Philip Maurer to attend (33) California. League of Cities Conference from October 16 - 18, 1988, in the amount of $711.68. 25. CITY MANAGER TRAVEL EXPENSE - Approve City Mgr travel and expense for Robert L. Wynn, Expense City Manager to attend the International (34) City Managers' Association Conference in Charlotte, North Carolina from October 22 - 27, 1988, in the amount of $1,465.19. 26. BUDGET AMENDMENT - For approval: 1(25) BA -031 - $1,333,145, Increase in Budget Appropriations and Revenue Estimates to provide for widening of Pacific Coast Highway between Newport Boulevard and the Santa Ana River; Contributions Fund. (Refer to agenda item F -3(d)] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Public Works Department SJH Rd /ESpy- regarding STREET CONSTRUCTION PERMIT FOR gls H1 Rd/ THE EXTENSION OF SAN JOAQUIN HILLS ROAD St Cnsrtn EASTERLY OF SPYGLASS HILL ROAD, was (74) presented.. Motion was made that the language contained in Item 2 of said report be consistent: with the wording set forth in the Mayor's policy statement on the San Joaquin Hills Transportation Corridor, which will be considered later in this meeting. 2. Report from Public Works Department Permit /Enchr regarding ENCROACHMENT PERMIT AND Hal Woods AGREEMENT FOR MARINERS POINT DEVELOPMENT (65) FOR THE HAL WOODS PROJECT AT 2919 CLIFF DRIVE (RESUBDIVISION NO. 862), was presented. Virginia Herberts, Parks, Beaches and Recreation Commissioner, addressed the Council and stated that Mr. Wood's project was approved in concept by the Commission last March, but did not come to the Commission for final approval until the last minute, however, she did view the site this afternoon and saw the multi -trunk pine tree proposed to be removed for a driveway. She stated that the tree is within the 30' right -of -way and view corridor. She also commented that inasmuch as she has a special Volume 42 - Page 501 COUNCIL MEMBERS G .9 �� \0�_% • Motion • x All Ayes Motion x All Ayes • CITY OF NEWPORT BEACH MINUTES November 14, 1988 "love" for trees, she will back -off this issue and let the City Council make the final determination regarding the tree. Hal Woods, 3505 Cadillac Avenue, Costa Mesa, applicant, addressed the Council and displayed an exhibit depicting the tree to be. removed. He stated that the tree could. remain and the driveway re- designed, or the tree removed and maintain the view corridor, which was originally approved. He stated that if the pine tree were replanted its life expectancy is questionable. Motion was made to approve an encroachment agreement permit and agreement to grade the parkway below a standard 2i slope and install textured concrete improvements as a part of the Mariners Point Development at 2919 Cliff Drive, subject to the condition that the work in the public parkway be do ne in accordance: with plans approved by the Public Works and Parks, Beaches and Recreation Departments prior to issuance of the site grading plan. Dr. Jan Vandersloot, 2221 16th Street, addressed the Council and suggested that the driveway be designed around the pine tree and that the branches of the tree be trimmed inasmuch as it is in a view corridor. He also commented that since the Councd'1 approved this project last Spring, the four houses which were originally estimated at 4,000 sq. ft. each are now estimated at 5,700 sq. ft. each. The motion was voted on and carried. 3. Report from Public Works Department regarding CANCELLATION OF ENCROACHMENT PERMIT NO. 88 -56, was presented. The City Manager indicated that this issue had been resolved, and therefore, recommended it be referred back to staff, to which a motion was made by Mayor Pro Tem Hart. 4. Report from Tidelands Affairs Committee recommending denial of Harbor Permit Application #170 -333 by Mel Jaffee for revision to his residential pier bayward of 333 Via Lido Soud and letter of complaint from Mrs. H. M. Teeple regarding the alleged deviation from existing regulations, was presented. Volume 42 - Page 502 Woods Permit /Enchr E88- 56/107 21st St (65) larbor Perm kplil170 -333 4el Jaffee (51) COUNCIL MEMBERS \A 11 k�P • Motion All Ayes • CITY OF NEWPORT BEACH x MINUTES November 14, 1988 Roy B. Woolsey, 113 Via Venezia, Harbor Perm representing the applicant, addressed Apli#170 -333 the Council in support of the request. He reviewed the sequence of events in connection with the revision to the pier and cited other piers which are not in conformance with City policy in the immediate area. He stated that the pier was built according to permit, except for the "missing gap" which was completed after the pier was constructed. The pier is now beautifully tiled and has an attractive concrete railing. It is their request that the harbor permit be approved inasmuch as the pier is more attractive than the original permit and is not an imposition to their neighbors. Tony Melum, Tidelands Administrator, in response to Council inquiry, stated that originally the dimensions on the standard drawings were proposed in conjunction with the adoption of the Harbor Permit policies, and in reviewing the rationale for those policies and standard drawings, the Tidelands Grant itself was reviewed, and in terms of that Grant, it was determined that the Tidelands be used for commerce navigation and recreation, and that residential use of the Tidelands wwould be prohibited. He also submitted photographs of the subject pier. Council Member Maurer, member of the Tidelands Affairs Committee, advised that the Committee did review the subject drawings on October 12, 1988 and recommended that the request be denied and the applicant be required to bring the structure into conformance with the Council Harbor Permit Policies, the City Standard Drawings, and the permit issued on February 13, 1987. Hearing no other comments, motion was made to accept the Tidelands Affairs Committee's recommendation and deny the request. 5. Claim of Fred R. Hernandez alleging Claims/ property damage by City personnel, loss Hernand of income, etc., at 492 62nd Street, was (36) presented. Volume 42 — Page 503 COUNCIL MEMBERS • • Motion All Ayes • CITY OF NEWPORT BEACH x MINUTES November 14, 15188 Fred R. Hernandez, 492 62nd Street, Claimant, addressed the Council and reviewed the history connected with his claim, which he noted has been an extended problem for over a two -year period. He cited from his claim that the City has refused to recognize the legal boundaries of his property, it has caused unjustified removal of a property line fence:, and the placement of a City sign on private property to be used as a disposal site for City projects. The Public: Works Director responded that this particular issue involves a "paper" street right -of -way in the Newport Shores area and pertains to an encroachment permit for a fence across an unimproved street right -of -way in the channel. The encroachment permit was approved by the Council, subject to obtaining a Coastal permit. The City was required to be the applicant for the Coastal permit because the area in question was designated as street right -of -way, and when the permit was denied by the Coastal Commission, the City was directed to remove the fence which led to the actions referred to by Mr. Hernandez in his claim. He does not know of any determination being made regarding the conflict in title to the property, however, City maps very clearly show the property as a public street right -of -way. The City Attorney advised that the question of who holds title to the subject property is being investigated by a title; company who has already indicated to his office that it is a very complex problem relative to the title, and as soon as more information is known from the title company, he will proceed to resolve some of the issues mentioned in the claim. Motion was made to deny the claim and confirm the City Clerk's referral to the claims adjuster and City Attorney for further processing. 6. Report from City Attorney regarding proposed resolution No. 88 -109 concerning the APPROVAL OF CERTAIN SUPPLEMENTAL INDENTURES RELATIVE TO THE HOAG HOSPITAL REVENUE BOND ISSUE, was presented. Volume 42 - Page 504 Hosptl Bnd es 88 -109 (40) COUNCIL MEMBERS y n �G9��G4P� -nn1 , nu , • Motion All Ayes Motion x All Ayes Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES November 14, 1988 The City Attorney stated that subsequent to placing; this item on the agenda, he received some revised language to the supplemental indentures prepared for the trustee, which is an additional provision that requires notice of redemption be given to all registered owners of the bond as well as the trustee. Motion was made to adopt Resolution No. Res 88 -109 88 -109, as revised, concerning approval of certain supplemental indenture relative to the Hoag Hospital revenue bond issue. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88 -40, being, Ord 88 -40 Bus Lic/ AN ORDINANCE OF THE CITY COUNCIL OF Cmcl Hndbls THE CITY OF NEWPORT BEACH AMENDING (27) NEWPORT BEACH MUNICIPAL CODE SECTION 5.40.040 PERTAINING TO DISTRIBUTION OF COMMERCIAL HAND15ILLS ON PRIVATE PREMISES, was presented for second reading with recycled reports from the Assistant City Attorney dated October 10, 1988 and Business license Supervisor, and updated memorandum from Business License Supervisor of October 24, 1988. Motion was made to adopt Ordinance No. 88 -40. 2. Proposed ORDINANCE NO. 88 -41, being, Ord 88 -41 Bus Lic/ AN ORDINANCE OF THE CITY COUNCIL OF Noncmcl Slct THE CITY OF NEWPORT BEACH AMENDING (27) NEWPORT BEACH MUNICIPAL CODE SECTION 5.41 PERTAINING TO NONCOMMERCIAL SOLICITATIONS, was presented for second reading with recycled report from Assistant City Attorney. Motion was made to adopt Ordinance No. 88 -41. 3. Proposed ORDINANCE NO. 88 -42, being, Ord 88 -42 Vehicles/ AN ORDINANCE OF THE CITY COUNCIL OF Trfc THE CITY OF NEWPORT BEACH AMENDING (85) NEWPORT BEACH MUNICIPAL CODE SECTION 12.52.050 OF THE NEWPORT Volume 42 - Page 505 COUNCIL MEMBERS A I\\ • Motion All Ayes Motion AQAyes L X CITY OF NEWPORT BEACH x MINUTES November 14, 15188 BEACH MUNICIPAL CODE TO DESIGNATE THE PORTION OF THE OCEAN FRONT ALLEY BETWEEN M STREET AND CHANNEL ROAD AS ONE -WAY IN THE EASTERLY DIRECTION, was presented for second reading with recycled report from Planning Department dated October 24, 1988. Motion was made to adopt Ordinance No. 88 -42. I. CONTINUED BUSINESS: 1. Report from City Attorney RECOMMENDING DEFERRAL OF DECISION TO REMOVE THREE TREES ON THE WEST SIDE OF POPPY, was presented. Letter and clipping from Jim McDonald regarding the City's policy to save trees, was presented. Letter from Barbara Kowalski protesting removal of trees, was presented. The City Manager recommended this item be deferred for 30 days in order to obtain cost estimates and meet with the people impacted, and therefore, motion was made to refer this item back to staff for a report on December 12, 1988. J. CURRENT BUSINESS: Poppy Ave/ Tree Removal (62) 1. Joint Policy Statement from the Mayor SJHTC /Jt regarding the City of Newport Beach and Policy Stm City of Irvine concerning the SAN (74) JOAQUIN HILLS TRANSPORTATION CORRIDOR, was presented. Mayor Cox, in introducing the subject item, made some of the following comments: "The Corridor has been in the process of development for approximately 14 years, which he has been involed in for some 8 years. It is a facility that has been highly supported by the community inasmuch as it reduces traffic from Pacific Coast Highway. The major concern as to the Corridor between our City and the City of Irvine dealt with not only its 'initial size, but what its ultimate configuration might be Volume 42 - Page 506 COUNCIL MEMI 'A o y n\ • 0 • CITY OF NEWPORT BEACH MINUTES November 14, 1988 including the connections. After meeting for several weeks with the Mayor of the City of Irvine as to the design of the Corridor, as it affects our two communities, a joint: policy statement was developed which we are advocating be approved by the respective City Councils and by the San Joaquin Hills Transportation Corridor Agency members. The joint policy statement attempts to be responsive to the many concerns expressed by the residents of the two cities. The Corridor is designed to be a toll road, the first in the State Of California, and is supported as a positive move in the right direction, particulary since it will not slow traffic down due to the use of scanners which monitor the vehicles with monthly billings to that vehicle license number. Everything that is being done with regard to the Corridor is designed to solve the traffic problem and not create a traffic problem. It is also being recommended that no through truck traffic be allowed on the Corridor. Further, it is this City's position that San Joaquin Hills Road not be extended beyond Pelican Hill Road in this first initial phase. Ths second phase is 10 to 15 years down the line, if it ever happens, and will require a whole new series of analysis, public hearings, review process, etc. It is also being recommended that San Joaquin Hills Road extension from Spyglass Hill. Road to Pelican Hill Road have 4 lanes and not 6." Discussioa ensued with regard to some of the language in the joint policy statement, wherein Mayor Cox attempted to clarify some of the concerns of Mayor Pro Tem Hart. Council Member Sansone stated that he had opposed the connection of Culver Drive to the Corridor, and if the City of Irvine had not given up that connection, it would have meant a Volume 42 — Page 507 SJHTC /Jt Policy Stm COUNCIL MEMI 1,G9��G�P� Oof • 11 CITY OF NEWPORT BEACH MINUTES November "direct shot" at San Joaquin Hills Road toward MacArthur Boulevard. However, by eliminating Culver Drive, any access to the Corridor from the City of Irvine now is by using Bonita Canyon Road which tosses everything onto University Drive. He felt that by not having the connection of Culver Drive to the Corridor was a great concession on the part of the City of Irvine, and will be of major benefit to the residents in the eastern part of the City of Newport Beach. The meeting was open at this time to public testimony and the following persons addressed the Council: William J. Cecka, Jr., 1 Monterey Circle, spoke in support of the joint policy statement, with particular regard to San Miguel Road and re- aligned Ford Road. Robert Duke, 7 Muir Beach Circle, Spyglass Hill area, spoke in support of the "scaled-down" Corridor with emphasis on minimizing impact of traffic on residential areas. They also are in favor of the joint policy statement with the request that the following language be deleted from Item B -2 - Attachment B, "unless fully noticed public hearings are held." Elliott Mercer, 3621 Catamaran Drive, Harbor View Hills, discussed the arterial feeders which provide access to and from the Corridor, with its future connections, will not enhance the quality of life in the City as referenced in the joint policy statement. He stated it would be his suggestion to eliminate all the extensions and connections to the Corridor that directly or indirectly pass through an already existing residential community, and to uphold the City's position set forth in Resolution No. 85 -11. Marc Miles, 3514 Catamaran Drive, stated that he agreed with the comments of the two previous speakers, and also suggested that the language "unless fully noticed public hearings are held" be deleted from Attachment B - Item B -2 of the joint policy statement. Volume 42 - Page 508 SJHTC /Jt Policy Stm COUNCIL MEMBERS • C l CITY OF NEWPORT BEACH MINUTES November 14, 1988 Wendy Schiff, 1516 Keel Drive, also concurred in the suggestion regarding deletion of certain wording in Item B -2 of the joint policy statement. She also discussed the need for concern of the safety of children who cross San Joaquin Hills Road, and urged that San Joaquin Hills Road never be connected to the Corridor. Dr. Ken Schwartz, 3600 Surf View Lane, stated he was in concurrence with the previous speakers, and expressed his reasons for not supporting the extension of.San Joaquin Hills Road easterly of Pelican Hill Road. � Patricia Dreyfuss, 1209 Keel Drive, stated that she has been a resident of the City for 8 years, and moved from Costa Mesa because of increased traffic and pollution. She spoke against the extension of San Joaquin Hills Road, and in favor of deleting the language "unless fully noticed public hearings are held" from the joint policy statement.. Diane Osborn, 3808 Topside Lane, Harbor View Hills; South, stated she, along with other residents in her area, do not feel that their homeowners association has represented their views with regard to the San Joaquin Hills Road connection. As a mother of two small children and a former school administrator, she stated she was extremely concerned over the possibility of increased traffic on San Joaquin Hills Road and the safety of children who cross the road. She also questioned if the City were prepared to accept the responsiblity for the injury or death of a child going to school as a result of the City's decision to dramatically increase the traffic flow on San Joaquin Hills Road. Matthew Osborn, 3808 Topside Lane, concurred in the remarks made by his mother (the previous speaker), and stated that he and his friends ride their bicycle to school and are concerned over increased traffic, noise, and pollution on San Joaquin Hills Road. Richard Nichols, 519 Iris Avenue, discussed the proposed high occupancy vehicle lanes for the Corridor, the bottlenecks in traffic on Pacific Coast Highway in Huntington Beach and Laguna Volume 42 - Page 509 SJHTC /Jt Policy Stm COUNCIL MEMI y C+ \ F • Motion • CITY OF NEWPORT BEACH x MINUTES November 14, 1988 Beach, and the connections between the Corridor and MacArthur Boulevard. Gordon Clemens, resident of Harbor View Hills South, expressed support of deleting the language previously discussed in the joint policy statement, and also suggested that all connections to the Corridor be set forth in the policy statement.. Larry Weeshoff, 1407 Outridgger Drive, stated that if 18,000 vehicles per day are placed on San Joaquin Hills Road, which is not shielded as is MacArthur and Jamboree Boulevards, a problem will occur as to noise, pollution, etc. He suggested that San Joaquin Hills Road "stop where it is now and not go any further." Council Member Turner, in response to the above comments regarding "shielding," stated that the sound walls along Jamboree and MacArthur Boulevards were built: around the maximum capacity of those roads, which have not yet been reached. He stated that even though the sound walls do meet State standards, the residents in the area of Jamboree Boulevard are complaining of noise, and rightfully so, and to shift additional traffic onto MacArthur and Jamboree Boulevards, he will oppose, in order to protect those residents. Dr. Jan Vandersloot, 2221 16th Street, discussed the proposed toll roads, and stated he did not feel it was the best answer in getting traffic moved from one destination to another in an efficient manner, and suggested the Council seriously re- examine this proposal. He stated that the "scanner" method referred to by Mayor Cox earlier in the meeting, was tried in a far eastern country and was rejected by the people because of the intrusion of "big brother" 'knowing their car movements, etc. Hearing no others wishing to address the Council, motion was made by Council Member Sansone to approve the joint policy statement, as amended below, and submit as additional comments on the San Joaquin Hills Transportation Corridor EIR: Volume 42 - Page 510 SJHTC /Jt Policy Stm COUNCIL MEMBERS 9 All Ayes Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH x x MINUTES November 14, 1988 2 Item B -2 - Attachment B to read: "The extension of San Joaquin Hills Road east of Pelican Hill Road shall not occur. However, San Joaquin Hills Road easterly of Pelican Hill Road may remain in the Circulation Element and be shown as 'Route That Requires Further Coordination. "' Item A -3 - Attachment B to read: "The City of Irvine concurs in all other proposed Corridor connections insofar as they affect the City of Irvine." The motion was voted on and carried. ENVIRONMENTAL QUALITY AFFAIRS /CITIZENS ADVISORY COMMITTEE: Motion was made to confirm (District 6) Council Member Sansone's appointment of Mike Soucek to fill the unexpired term of Helen A. Anderson, ending December 31, 1988. 3. ENCROACHMENT APPLICATION OF GARY WILDER - to construct a 1.5 foot high fence with 3 foot high pilasters; and nonstandard pavement at grade, all encroaching 7 feet 7 inches into the public right -of -way at 1702 South Bayfront, Balboa Island. Report from Public Works Department, was presented, Gary Wilder, applicant, addressed the Council and stated that what he has proposed is consistent with what neighbors have done in the area, and submitted pictures of similar encroachments along the Bayfront on Balboa Island as well as Little Balboa Island. Following consideration, motion was made to approve the application, subject to execution of Agreement for nonstandard improvements; and encroachment permit from the Public Works Department; and a Building permit from the Building Department. Volume 42 - Page 511 SJHTC /Jt Policy Stm EQA /CAC (65) t /Enchr COUNCIL MEMBERS AG AC y A 0 Motion All Ayes 0 X CITY OF NEWPORT BEACH MINUTES November 14, 1988 4. Report from Public Works Department regarding DENIAL OF JOHN CONWAY'S ENCROACHMENT PERMIT, to construct 6 foot high masonry wall, 90 feet in length, encroaching 1 foot into the public right -of -way of Balboa Boulevard at 500 "K" Street, was presented. John Conway, applicant, stated that on August 29, 1988, he submitted a letter, along with additional photographs, to Council Member Strauss, who was kind enough to return his call and explain the City's policy relating to encroachment permits. He stated that in his block, approximately 300' to the east and 900' to the west of his property, residents are using the 1 -foot of public right -of -way for extension of landscaping or fencing. He showed the plan for the proposed wall and answered questions of the Council. Following discussion, motion was made to deny the subject application. 5. Oral report from the City Attorney regarding request of HORNBLOWER YACHTS to Public Utilities Commission. The City Attorney advised that on this date he received copies of applications filed by Hornblower Yachts with the Public Utilities Commission, seeking to initiate service between Newport Beach and other ports in Catalina. He stated it was unclear from a review of the subject applications as to exactly what Hornblower Yachts intentions are, but they have made the representation that they have adequate parking at both the Mariner's Mile center on Pacific Coast Highway, and in the Lido Village parking structure. He has been informed that the deadline for filing a response is November 18, 1988, and if that is the case, he would request that the City Council authorize staff to prepare an appropriate response to the Public Utilities Commission. Motion I I x Motion was made to determine that the All Ayes above item relating to applications of • Hornblower Yachts, was received after the printing of the November 14, 1988 City Council agenda. Volume 42 - Page 512 (65) /PUC COUNCIL MEMBERS Motion All Ayes • • tA CITY OF NEWPORT BEACH MINUTES November 14, 1988 Motion was made to direct the City Attorney to prepare an appropriate response to the Public Utilities Commission regarding the applications of Hornblower Yachts, if said response is required to be filed prior to the next regular City Council meeting. Meeting adjourned at 10:50 p.m. to Tuesday, November 22, 1988, 3:30 p.m. for the seating of the new City Council and Election of Mayor and Mayor Pro Tem. The agenda. for this meeting was posted on November 10, 1988, at 8:45 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Volume 42 — Page 513