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HomeMy WebLinkAbout04/24/1989 - Regular MeetingJ Present x x Motion Ayes x x Abstain Motion All Ayes i III L CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING co y PLACE: Council Chambers TIME: 7:30 P.M. V►� DATE: April 24, 1989 x x x x x x x x x x x x MINUTES Mayor Strauss presented a Proclamation in recognition of Professional Secretaries Week. Mayor Strauss also presented Proclamations to the five Drug Abuse Resistance Education Program essay contest winners. A. ROLL CALL. B. Reading of Minutes of Meeting of April 10, 1989, 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 Strauss opened the public hearing and City Council review of: TRAFFIC STUDY NO. 54 A request of EMERALD ASSOCIATES, Newport Beach, to approve a traffic study so as to permit the construction of an 85 unit elderly ' personal care facility located at 3901 East Coast Highway, Corona del Mar; zoned P -C; Krk01 USE PERMIT NO. 3342 A request of EMERALD ASSOCIATES, Newport Beach, to permit the construction of an 85 unit elderly personal care facility on property located in the P -C District. The proposal also includes a request to allow a portion of the structure to exceed the 32 foot basic height limit in the 32/50 Height Limitation District; a request to establish an off - street parking requirement based on a demonstrated formula; a modification to the Zoning Code so as to allow the use of tandem parking spaces in conjunction with a full -time valet parking service; and the acceptance of an Environmental Document. Report from the Planning Department. Letters to Council with 75 signatures in favor of subject project. Letters to Council with 130 signatures in opposition to subject project. Volume 43 - Page 140 U/P 3342 Emerald (88) Study 54 U CITY OF NEWPORT BEACH MINUTES \e4_00 0 N April 24, 1989 The City Clerk advised that after the U/P 3342 agenda was printed, 56 additional signatures were received in favor of the subject project, and 148 signatures in opposition. David Neish, representing the applicants, addressed the Council and summarized the proposal. He stated they felt the facility is unique to the property and is compatible with the recently adopted General Plan. The project represents a 300% reduction in traffic, compared with present use on the site, and has been reduced in size from 120 to 85 units. The building was originally designed with 66,500 sq. ft., but has been reduced to 50,060 sq. ft.; landscaped areas have increased from 57% to 63 %; and heights have been lowered and setbacks increased. After a land use analysis was completed on the site, they felt the proposed elderly care facility was the best use for the property.- Sohn Christeson, Vice - President of Emerald Associates, addressed the Council in support of their request. He stated they were aware that traffic was a major concern, but inasmuch as the residents residing at the facility would not be driving, there would be one -tenth of the traffic currently generated by a commercial use permitted under the new General Plan. With regard to open space, they propose a 22,000 sq. ft. front yard with 63% landscaped as open area. He compared the differences between single - family use and senior housing on the site relating to traffic, building height, parking, floor area ratios, etc. He stated he felt the City needs a personal care facility of this type and that it would be a definite asset to the community. Victor Regnier, Associate Professor of Gerontology and Architecture at USC, addressed the Council on behalf of the applicants and stated that he has visited approximately 200 -250 senior care facilities in the United States and Europe, and in the past 10 years, he has worked on approximately 80 senior projects varying in size from 20 to 1400 units. He felt the site was excellent for the proposed project, inasmuch as it provides access to Pacific Coast Highway as well as easy access to visitors of the facility. He stated that older Volume 43 - Page 141 CITY OF NEWPORT BEACH MINUTES \'�� April 24, 1989 Volume 43 - Page 142 U/P 3342 persons have a desire to be located in an area where there is street activity, and also where there is a passive view of the ocean. He advised that there is ® a crisis as to the need for senior housing for those persons older than 75 years of age, and that the proposed project will only fulfill one -third of the demand. In conclusion, he commented that the City "desperately" needs this type of facility, and urged approval. Emily Headly, Vice - President of Transamerica Retirement Properties, addressed the Council on behalf of the applicants, and stated that if the project is approved, their property management company would operate the facility. She explained the difference between residential, convalescent and congregate care pursuant to State regulations. With regard to employee parking, she felt that less than half of the staff would be driving their own automobiles and others would be carpooling, or using public transportation. Concerning any increase in traffic, their busiest time would be the change in shifts at 9:00 a.m. and 7:00 p.m. She also estimates only eight deliveries per week. She summarized the ® "manning" of the facility, and indicated there would be one skilled attendant per 25 occupants. She stated that the average age of residents in a personal care facility is 77, but that legally they are required to accept anyone 62 years of age or older. In response to question raised by Council Member Sansone, Mr. Regnier stated that noise is a major issue which they attempt to mitigate when designing a building. As to air pollution and emission from vehicles along Pacific Coast Highway, Mr. Regnier indicated he felt it was not a serious problem, inasmuch as the residents would be living near the ocean, which could be of some benefit to those persons who may have emphysema, respiratory problems, etc. Mr. Neish addressed the Council again and closed his remarks as follows: 1) The proposal will generate considerable less traffic than the current existing project; Volume 43 - Page 142 U/P 3342 r:, U CITY OF NEWPORT BEACH MINUTES 0 L\ p� i � as April 24, 1989 2) The proposal represents the least intense project in terms of overall traffic generation as compared with any other land use; 3) 63% of site will be open space. With regard to the proposed 42 parking spaces, Mr. Neish stated that if all the employees drive individually to the facility each day, there will still be ample parking space to accommodate them. He stated they concur in the findings and recommendations of the staff and request the City Council to uphold the recommendation of the Planning Commission. In response to question raised by Mayor Pro Tem Plummer, Mr. Neish stated that the applicant will commit to improving the City -owned open space area adjacent to the subject property for a view park purpose. He also stated they would donate to the City any trees currently on the site that they could not use in the project. With regard to the parking question raised by Council Member Turner, Mr. Neish advised that a condition was added by the Planning Commission, which states that "the garden area above the subterranean parking lot shall be constructed of building materials that will permit said garden area to be converted to additional parking spaces, if needed, in the future." He also commented that they are looking into the feasibility of ,allowing some of the Five Crown Restaurant employees to park at the proposed senior facility in the evening, and therefore, they would not have to park on the public streets. In response to inquiry of Council Member Hart regarding possible development standards for this project, the Planning Director stated that the subject property is in a P -C Zone, and there are three methods in which a development plan can be adopted for a planned - community district, i.e., 1) reference to an existing zoning district, or a combination of different zoning districts; 2) a "custom" zoning ordinance for this particular piece of property which would set forth development standards for a specific Volume 43 - Page 143 U/P 3342 CITY OF NEWPORT BEACH COUNCIL MEMBERS 4 o¢ 9j► April 24, 1989 n� MINUTES U/P 3342 type of use; or 3) be site specific and come back to the City Council with a specific proposal. He stated it is not the staff's intention to come back to the City Council at any future date with ® specific development standards for assisted living or congregate care facilities outside of what has already been presented. In response to question raised by Council Member Hart regarding total gross area footage, Mr. Neish reported that said amount is 50,060 sq. ft., not including the covered parking which is 13,480 sq. ft. The footprint of the building is 16,858 sq. ft. The Planning Director advised that covered parking, mechanical spaces, rooms devoted to telephone switching, electrical and plumbing spaces, etc., have never been included in computing total gross floor area ratio within a building. With regard to height limit, Mr. Neish stated that the only area which exceeds the height limit is the "cupola," an architectural feature which, by code, is ® allowed to exceed the basic height limit. The following persons addressed the Council in opposition to the project: Len Seltzer, 519 Hazel Drive, indicated the community felt this facility was inappropriate for the site due to its size, related traffic and parking problems, and could set a precedent for the area. They also felt the building should be constructed at a more "logical" location, and that the site should be utilized as a park, or single - family housing. Jim Crane, 323 Driftwood Road, stated he resides within two blocks of the proposed project and has lived in the City his entire 66 years. He expressed his concerns with regard to increased traffic, the possibility of the facility going out of business, employee ® parking, and number of deliveries to the site. Volume 43 - Page 144 U/P 3342 CITY OF NEWPORT BEACH MINUTES \� q y9�C�t �9a GN A April 24, 1989 U/P 3342 Dick Nichols, 519 Iris Avenue, President, Corona del Mar Community Association, discussed the height limit and floor area ratio for the proposed project, trash and ® delivery areas, parking, and setback areas. He indicated the proposed facility was not viable for this property, inasmuch as it is adjacent to residential use. Mary Gilchrist, 441 Seaward Road, stated she has been in the field of nursing for 27 years, and has not heard anyone mention such items as patients in wheelchairs, number of trips for medical treatment, number of parking spaces to be required for family visitors and recreational activities. She stated that the proposed one attendant for every 25 patients for medication was inadequate according to finding of Attorney General Van de Kamp. She also commented that it was her understanding that the Kirkwood Motel has recently been sold and there is a proposal to convert the building into condominiums which would be another ® impact on traffic in the area. The following persons addressed the Council in favor of the project: Luvena Hayton, 235 Poppy Avenue, stated she has lived in Corona del Mar for 38 years and has seen nine restaurants fail at the subject site due to the location being too far removed from the business district. She felt it was time the site was used for the "good of the area," and that the proposal of Emerald Associates will fill the need in the community, as well as greatly enhance the beauty of the site. She was opposed to the property being converted to a park or used for single family housing. Jack Dunn, 174 Shorecliff Road, stated he has lived in the area for 25 years and has seen a number of businesses come and go on the site. He felt the proposed project was ® the best suited for the property, and would be of great benefit to the community. Volume 43 - Page 145 U/P 3342 ❑I CITY OF NEWPORT BEACH cA�y9 0 �0� �9A A April 24, 1989 MINUTES Phil DeCarion, 2524 Ocean Boulevard, stated that he has failed twice as a restauranteur at the subject location, and that Emerald Associates has put together a project which will have less traffic problems as well as less deliveries than a restaurant. Del Bunn, Physician in the community, stated there is a definite need for this type of facility, and he felt that people will oppose the project no matter where it is located. He stated it is very frustrating to him to have to recommend an elderly care facility that is located outside the city to a patient who resides in Newport Beach and who would like to remain here. Irving Burg, 2301 Bayside Drive, stated that persons who choose to continue living in the City in their later years do not have a place to go unless a project such as the one being proposed is allowed. Dee Masters, 140 Fernleaf Avenue, stated that the developer has complied with all of the City's regulations for the use requested, and should, therefore, be allowed to proceed. She stated she welcomed the proposed project as she felt it would clean up the existing "tacky" appearing building. She also felt the applicants should be applauded for their efforts and time spent with the individual community groups. John Killefer, 161 Shorecliff Road, stated he has been a resident for 23 years and felt the proposal was a very viable, workable project. He highlighted some of the nuisance problems as a result of the various restaurants that have been located on the site. He indicated the City now has the opportunity of "getting rid of an absolutely abominable building," which contains a restaurant, flower shop, nail salon and dog grooming shop, and urged the Council to sustain the action of Volume 43 - Page 146 U/P 3342 U E CITY OF NEWPORT BEACH MINUTES \cq-po C 0 April 24, 1989 the Planning Commission and approve the project. He added that the Shorecliff Community Association took no position on this proposal. Robert J. Moore, 1216 Sandpoint Way, stated that he was opposed to this project initially, but after reviewing it in detail, he strongly recommends its approval. Elizabeth Skinner, 1233 Portside Way, stated she and her husband have been residents for 37 years; are in their early eighties; and would very much like to be one of the first occupants of the proposed facility if it is approved. She stated it is their desire to spend their golden years near their family in Newport Beach. Renfro Newcomb, 3 Sandbar, stated he has been a resident of Corona del Mar for almost 32 years, and felt the proposed project was the "best thing that could happen" to the subject property. The following additional persons spoke in opposition to the project: Walter Ziglar, 327 Poppy Avenue, stated that many of those speaking in favor of the project do not live within 1,000 feet of the subject area. He also does not feel the development will reduce traffic as stated by the applicant, and disputed many of the remarks made by previous speakers regarding parking, use of public transportation, etc. He submitted a petition with 40 signatures in opposition to the project from residents in Shorecliff. Alana Peters (no address given) stated she has a Masters Degree in Gerontology and is an advocate for senior citizens; however, she felt the subject proposal could be a "disaster" socially and environmentally. She indicated that due to past experience, she believes the project as proposed will be short -term and transitional between an active life and a higher level of care or death. The cost would be prohibitive to most Volume 43 - Page 147 U/P 3342 r�l ',I E CITY OF NEWPORT BEACH MINUTES n 9 y9� G� 9� Gip A April 24, 1989 seniors as they do not want to pay out hard earned money for this type of care. She felt the owner/ builder would be in financial straits within two years at which time they could possibly turn the senior residency into a hotel. Marian Parks, 233 Morning Canyon, indicated she was opposed to the project primarily because of increased traffic generation, parking problems for Shorecliff residents, and noise. She also felt that since the facility was legally required to accept seniors 62 years of age or older, this "opened wide" the possibility of a totally different type of facility than what is currently proposed. She urged the Council to deny the project and any other facility for the elderly in Corona del Mar. Dan Wiseman, 336 Hazel Drive, stated he cannot dispute the need for senior housing, and complimented the developer for his efforts, but felt the location was a poor choice and the project should be denied. John Christeson addressed the Council again, and responded to previous comments regarding subterranean parking, trash and delivery areas, wheel chair patients, visitor parking spaces, traffic volumes, etc. In response to .question raised by Council Member Turner regarding the Housing Element, Craig Bluell of the Planning Department, stated that the City's Housing Element addresses all the legal requirements of State law, and those requirements specify that the City provide a variety of housing types for all income segments of the community. There are two programs in the Housing Element, which address the issue, i.e., 1) the City will achieve a variety of housing types; and 2) senior housing programs. On the issue of the amount of housing, State law does not specify the City provide any specific amount to senior citizens; however, it does specify housing shall be provided in total to meet a specific target and that those units be provided to meet the income segments of the community. Volume 43 — Page 148 U/P 3342 U El E CITY OF NEWPORT BEACH MINUTES W�9 y9�0�� N G�� April 24, 1989 Council Member Sansone commented, in part, that he felt the majority of opposition to this project is a result of frustration that has been developed in old Corona del Mar due to the already existing parking problems in the area. The City has allowed an intensification of land use in old Corona del Mar through the commercial district and also an intensification of mass and bulk through the residential area, which is destroying some of that community. If building continues in this area, as has been in the past, it will no longer be a "lovely" area much longer. He also felt that the majority of residential property constructed in old Corona del Mar is speculation, with no consideration being given to the community. He expressed his concerns regarding fire access to the site, operation of the facility, parking and traffic. In closing, he indicated he could possibly support the project, to some degree, if the bulk and mass were reduced. Council Member Watt commented that she has viewed the site and is aware of the residents' desire to protect their residential neighborhood and views. She also recognizes the need for elderly care facilities, but feels the proposed use is "wrong" for this site, and that there are other sites available in the City for this type of facility. She felt the best use for the subject property would be open space, or single- family residential. Council Member Hart asked the applicant if the building could be reduced to .75 x buildable including parking, whereupon Mr. Christeson replied "no." Council Member Hart stated she was very disappointed in Mr. Christeson's answer, as she thought the project was .75 x buildable, including parking, until this evening. She also does not think single- family homes would be appropriate at the site; therefore, if there is no way to reduce the "bulk and mass" to something approximately .75 x buildable, she will have to oppose it. Council Member Turner stated that in the recent adoption of the General Plan Amendment, the Council approved a program whereby building is allowed up to .75, with parking below ground not Volume 43 - Page 149 U/P 3342 Motion Ayes Noes 0 CITY OF NEWPORT BEACH x I x I x I x I x I x I x MINUTES April 24, 1989 included in the calculation, and this applicant has designed a project which complies with the requirements of the General Plan "to the letter." Hearing no others wishing to address the Council, the public hearing was closed. Mr. Christeson addressed the Council again and stated he was aware of the concerns regarding the "bulk and mass," and if there were no objections, they would like to continue the public hearing and look into the feasibility of coming back with a more "palatable" looking structure. In view of the foregoing, motion was made to reopen the public hearing and continue to May 22, 1989. U/P 3342 2. Mayor Strauss opened the public hearing CDBG '89/90 regarding the PROPOSED "STATEMENT OF Program COMMUNITY DEVELOPMENT OBJECTIVES AND (87) PROPOSED USE OF FUNDS" FOR THE 1989/90 FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Report from the Planning Department. Request from "Street People In Need" (SPIN) for assistance. The City Manager summarized the funding recommendations set forth as Items 1 through 14. He stated the total funding allocated from HUD is $423,000; however, the available total amount for social services programs is 15 %, or $63,450. It was pointed out that three late requests had been received from the following organizations: 1) S.P.I.N. — Street People in Need, Newport Beach; 2) Assessment and Treatment Services Center; 3) Y.M.C.A., Newport Beach. Charlene M. Turco, Executive Director for S.P.I.N., addressed the Council in support of their request for $4,928.40. She stated the funds would be used to provide free services to homeless people. S.P.I.N. was founded in 1987 by a group of Newport Beach residents who Volume 43 — Page 150 ❑I n CITY OF NEWPORT BEACH MINUTES April 24, 1989 recognized that increasing numbers of individuals were left unprotected by the "safety net," leaving them hungry and unsheltered. Three times each week, Newport Beach volunteers assemble and distribute food, clothing, personal hygiene and medical items to these people. She urged the Council to approve their request in order that the City many participate in programs to assist the homeless. Gloria Smith, Executive Director for the Assessment and Treatment Services Center, addressed the Council and stated that they accept referrals from all the Newport -Mesa High Schools, and have been the diversion program for the City's police department since 1972 when it was initially a federally - granted program. She stated they are a privately- funded nonprofit organization and receive no direct federal, state or county funds; however, they do receive about 9% of their budget from United Way. They are a family counseling center and last year they serviced 78 homes from Newport Beach. They are making a structural change in their building which is estimated to cost $7,800; and therefore, they are requesting $4,000 to help defray the construction cost. Alison Klakovich, Administrative Assistant with Orange County Homeless Issues Task Force, addressed the Council and commended the City for making homeless issues the number one priority for the City's social services program, and stated that to her knowledge, Newport Beach is the first City in Orange County to have done this. She also commended the City on the formula they have developed regarding CDBG funding, allocating an equal percent of what the City's share is in the County to regional solutions to homelessness. She added that the City has also taken a leadership role in the County and has issued a challenge to other cities to . meet their commitment to regional solutions. She expressed appreciation for the allocation of $1,500 recommended by staff, but indicated she would like her request be reconsidered for an increased amount. Diane Russell, representing South Coast Y.W.C.A. Hotel for Homeless Women, addressed the Council in support of their request for $20,000 to provide Volume 43 - Page 151 CDBG 189/90 Program U Motion All Ayes r III CITY OF NEWPORT BEACH X MINUTES April 24, 1989 services in the area of counseling, ther job CDBG '89/90 assistance and placement, and o Program assistance as needed. She thanked the Council for their continued support and level of funding, particularly their employment program. Craig Bluell of the Planning Department, addressed the Council and stated he was not sure whether the funds requested by the Assessment and Treatment Services Center could be used for the purpose of construction, and indicated this item be deferred for further review. He stated a balance of approximately $3,800 is still available for funding. Hearing no others wishing to address the Council, the public hearing was closed. Following discussion, motion was made to approve staff's recommendation for funding in the amount of $59,600, and adopted Resolution No. 89 -27, authorizing the City Manager to submit the Final Statement; all understandings and assurances contained therein, in order to apply for a HUD 1989 -90 Community Development Block Grant; to act as the official representative of the City in connection with the submission; and to sign contracts with appropriate subagents to carry out programs in the approved budget; and further, to direct staff to allocate the remaining $3,800 between the two social services agencies who made presentations. 3. Mayor Strauss opened the public hearing U/P 3346 and City Council review of USE PERMIT (88) N0. 3346, a request of SID SOFFER, Costa Mesa, approved by the Planning Commission on March 23, 1989, to establish a restaurant with on -sale beer and wine and live entertainment on property located at 485 North Newport Boulevard, between Orange and Bolas Avenues, adjacent to Newport Heights; zoned C -1. The proposal also includes a modification to the Zoning Code so as to allow the use of a compact parking space for a portion of the required off - street parking spaces. Report from the Planning Department. The City Manager stated that a similar application from Mr. Soffer came before the Council some months ago, wherein he A I I I I Volume 43 - Page 152 C Motion All Ayes Motion All Ayes U Motion All Ayes 1 11 u x x x CITY OF NEWPORT BEACH MINUTES April 24, 1989 was unable to meet code requirements with regard to parking. The plan has now been redesigned and on -site parking has been provided in accordance with code requirements; and therefore, the Planning Commission unanimously approved the request. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission and approve Use Permit No. 3346. 4. ' Mayor Strauss opened the public hearing regarding WEED ABATEMENT PROGRAM. Recycled report from the Fire Department dated April 10, 1989. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 89 -28 ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalks, parkways and private property within the City; and setting public hearing for July 24; 1989 to confirm assessments. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR Pass to second reading on May 8, 1989 - (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. Schedule for public hearing on May 8, 1989 - (c) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 89 -29 authorizing the Utilities Director to request a Grant Award from the Department Volume 43 - Page 153 Weed Abate- ment Prgrm (41) 89 -28 ties ne Gas 89 -29 v CITY OF NEWPORT BEACH tP y9� Opt 00 -x April 24, 1989 3. 4. MINUTES of Conservation relative to METHANE GAS MITIGATION. (Report from Utilities Director) CONTRACTS/AGREEMENTS: (a) Authorize Mayor and City Clerk to execute Agreement regarding TRANSFER OF MARINAPARK MOBILEHOME SPACE NO. 1 -B AND COMPENSATION FOR SERVICES AND COSTS to Arthur or Gloria E. Minky. (b) Award Contract No. 2707 to Gateway Landscape Construction, Inc., for the total bid price of $188,500 for SIDEWALK CONNECTION (MACARTHUR BOULEVARD TO SEA LANE); SLOUGH WALL (BETWEEN COUNTY ROAD AND CARNATION AVENUE); BAYSIDE DRIVE PARKING LOT IMPROVEMENTS; AND DAHLIA AVENUE PARKING LOT METERS; approve Budget Amendment for transfer of $70,000; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works Department) (c) Award Contract No. 2740 to B -1 Enterprises Corporation for $121,100; authorize the Mayor and City Clerk to execute subject contract for PHASE II OCEAN FRONT SIDEWALK REPAIR 1988/89; and authorize staff to negotiate a contract change order to utilize available project funding. (Report from Public Works Department) COMMUNICATIONS - For referral as indicated: (a) To Parks, Beaches and Recreation for response, letter from Dave Scott concerning the grade of the foot path at INSPIRATION POINT. (b) To the Environmental Services Coordinator for inclusion in the records, letter from Mr. and Mrs. Cecil R. Lynch, Jr., in support of the VILLAGE INN. (c) To Parks, Beaches and Recreation for reply, letter from Richard H Clucas concerning "DOGS ON THE BEACH." Volume 43 - Page 154 Marina Mobile Sp 1 -B C -2750 (38) RacArthr B1 Sea Lane/ Slough Wall/ Bayside Pkg Lot Impvms/ BA- 064(25) C -2707 (38) Ph II Ocean Frnt Sdwlk Rpr '88/89 C -2740 (38) PB &R (62) EQA /CAC (24) PB &R (62) ❑I CITY OF NEWPORT BEACH Hof April 24, 1989 MINUTES (d) To General Services for reply, GS letter from Corona del Mar Chamber (44) of Commerce requesting ADDITIONAL SIGN INSTALLATION AT MACARTHUR AND PACIFIC COAST HIGHWAY, CORONA DEL MAR. (e) To Parks, Beaches and Recreation for reply, letter from W. L. Thompson regarding TENNIS COURT LIGHTS between the Lawn Bowling Club and the nearby dwellings in Jasmine Creek. (f) To Pending Legislation and Procedural Ethics Committee, City of Santa Ana, Mayor Young's request for support of an amendment to SB 1334, which would give the ORANGE COUNTY BOARD OF SUPERVISORS the final authority to locate jails within their jurisdiction. (g) To City Council Ad Hoc Airport Committee, request from the Newport Beach Environmental Quality Affairs Citizens Advisory Committee requesting support for resolution expressing strong opposition to ORANGE COUNTY'S CONTINUING EXPANSION OF JOHN WAYNE AIRPORT, in view of the recent airplane tragedy. (62) Legislation (48) Cmte (24) (h) To.Public Works Department for PW information, letter from Balboa (74) Peninsula Point Association proposing their candidates for the Ocean Front Encroachment Ad Hoc Citizens Advisory Committee. (i) To Police Department for PD information, letter of appreciation (70) from the United States Department of Labor Occupational Safety and Health Administration for assistance during the construction mishap on Promontory Drive on March 1, 1989. 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) Bernard A. Leckie alleging personal Leck injuries as a result of fall into . Volume 43 - Page 155 0 0 CITY OF NEWPORT BEACH MINUTES C ?c April 24, 1989 hole while jogging at Estelle Lane on March 27, 1989. (b) Peter G. Leider alleging damage to Leider personal property as a result of sewer backup at 704 Larkspur Avenue on March 23, 1989. (c) Ruby M. Valdez for Marian S. Valdez Sweatt, alleging his class ring was found, but sold in error by City Police Department. 7. SUMMONS AND COMPLAINTS - For denial and I(36) confirmation of the City Clerk's referral to the claims adjuster: (a) William Calhoun, III for damages, Calhoun III Orange County Superior Court, Case No. 570571. Claim was denied by City Council on February 13, 1989. (b) Terry Harris for personal injuries Harris as a result of bicycle fall on bike path (east side of Irvine Avenue) on August 8, 1988, due to depression allegedly caused from cable box owned by COMCAST. (c) Todd McMiniment for damages, Orange County Superior Court, Case No. 582733. Claim was denied by City Council on October 10, 1988. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Refuse Worker I, General Services Department. (b) One Maintenance Worker II, Asphalt, General Services Department. (c) One Utilities Specialist II, Water Division. (d) One Senior Library Support Clerk, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval.: McMiniment (66) (a) Memorandum from City Manager City Mgr requesting permission to attend the (34) INTERNATIONAL CITY MANAGERS ASSOCIATION - RESORT COMMUNITIES CONFERENCE, May 24. Volume 43 - Page 156 ❑I C C CITY OF NEWPORT BEACH W� f, no � 9N April 24, 1989 lns �tA For Council information and filing: (b) Removed from the Consent Calendar. (c) Report from from Public Works Department concerning 20 YEAR MASTER PLAN OF TRANSPORTATION IMPROVEMENTS. 10. PUBLIC HEARING SCHEDULING: May 8, 1989 - (a) Removed from the Consent Calendar (refer to agenda item F -1(c). May 22, 1989 - MINUTES PW (74) (b) Hear protests regarding IMPROVEMENT PW /Ocean OF OCEAN FRONT STREET ENDS AT Front St ORANGE AND PROSPECT STREETS, Ends /Orange pursuant to Chapter 27 of the 1911 & Prospect Improvement Act. (Report from (74) Public Works Department) July 24, 1989 - (c) Refer to agenda item D -4. 11. USE PERMIT NO. 3010 - Approve a Use Permit Agreement guaranteeing completion of the public improvements required with Use Permit No. 3010 (Resubdivision No. 681, located at 2121 Bristol Street); and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) 12. RESUBDIVISION NO. 841 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 841 (2431, 2439, 2505 and 2507 West Coast Highway) and authorize the City Clerk to release the Faithful Performance Bond (No. 945617S) and the Labor and Material Bond (No. 945617S) in six months provided no claims have been filed, guaranteeing completion of the public improvements; and release the Faithful Performance Bond (No. 9456165) guaranteeing recordation on the parcel map. (Report from Public Works Department) 13. PACIFIC COAST HIGHWAY WIDENING FROM NEWPORT BOULEVARD TO HIGHLAND STREET (CONTRACT NO. 2591) - Approve plans and specifications; and authorize the City Clerk to advertise for bids upon receipt Volume 43 - Page 157 U/P 3010 (88) Resub 841 (84) PCH Widng Npt B1- Highland C -2591 (38) U J E CITY OF NEWPORT BEACH \-x �0 ko to ��'� t �� April 24, 1989 MINUTES of approval from CalTrans. (Report from Public Works Department) 14. MISCELLANEOUS CONCRETE REPAIR IN CAMEO SHORES /ORANGE AND PROSPECT STREETS /STREET END CONSTRUCTION /BROAD STREET CURB AND GUTTER BETWEEN BOLSA AND WESTMINSTER AVENUES (CONTRACT NO. 2730) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on May 11, 1989. (Report from Public Works Department) 15. Removed from the Consent Calendar. 16. HARBOR PERMIT APPLICATIONS - Uphold the following staff recommendations, subject to conditions in the staff report. (Report from Marine Department) (a) Approve Application No. 105 -2209 - by Lynn Burnett to revise the residential pier and float bayward of 2209 Bayside Drive. (b) Approve Application No. 225 -1508 by West Kohtz to revise the float bayward of 1508 South Bay Front. (c) Removed from the Consent Calendar - Application No. 105 -2717. 17. SPECIAL EVENTS PERMITS - Uphold staff's recommendation to approve the following, subject to conditions listed in the staff report: (a) Application No. 89 -029 - Temporary street closure at area of Harbor High School on Saturday, October 7 from 8:00 - 11:00 a.m., for the Harbor Heritage Run by Harbor High School PTA. Misc Cncrt Rpr /Cameo Shrs /Orng & Prospect/ Broad St Crb /Gtrs/ Bolsa & Westminster C -2730 (38) Harbor Perm (51) Apli No. 105 -2209 Apli No. 225 -1508 Permits/ Special Events (65) Apli No. 89 -029 (b) Application No. 89 -101 - Apli No. Amplified sound at 1221 W. 89 -101 Coast Highway on Thursday, May 25 from 3:00 - 11:00 p.m., for the Balboa Bay Club Chili Cookoff. (c) Application No. 89 -108 - Use Apli No. of public beach at 56th Street 89 -108 on Saturday, May 13 from 7:00 a.m. - 2:00 p.m. for the Volume 43 - Page 158 L CITY OF NEWPORT BEACH !r �\ y 9� o� 9� GIN April 24, 1989 MINUTES Christian Boardriders Surf Contest by Boy Scouts of America. ® (d) Application No. 89 -115 - Amplified sound in a Apli No. 89 -115 residential area at 1740 E. Ocean Front on Saturday, April 29 from 6:30 - 9:30 p.m, for the benefit cocktail party by Balboa Philharmonic Committee. (e) Application No. 89 -126 - Apli No. Amplified sound in a 89 -126 residential area at 2414 Vista Del Oro on Saturday, April 29 from 3:00 - 7:00 p.m. for the wedding reception by Elizabeth Hurley. 18. BUDGET AMENDMENTS - For approval: BA -060, $1,410 - Transfer in Budget Appropriations for Balboa Island Special Refuse Collection; General Fund - Refuse. (Memorandum from General Services (44) Department) BA -061, $4,000 - Transfer in Budget Appropriations for appraisal of 124 Marine and 323 Marine, Balboa Island; ® General Fund -Fire Suppression. BA -062, $9,500 - Increase in Budget Appropriations for purchase of six instructional rowing craft; Parks Beaches and Recreation Fund -Self Supporting. (Report from Parks, (62) Beaches and Recreation Department) BA -063, $600 - Transfer in Budget Appropriations to purchase desk for the Water Billing Section; General Fund - Finance /Administration 8 Accounting. BA -064, $70,000 - Transfer in Budget Appropriations to provide for MacArthur Boulevard Sidewalk Connection to Sea Lane (Contract No. 2707); General Fund - General Services. (Refer to report w /agenda item F -3(b)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Public Works Department Permit/ recommending approval of ENCROACHMENT Encroachmnt ® PERMIT TO ALLOW THE INSTALLATION OF AN Arprt Mrkr AIRPORT MARKER BEACON IN AN UNUSED Beacon SECTION OF UNIVERSITY DRIVE. (65) Volume 43 - Page 159 'OLL CALL N.' Motion x All Ayes Motion All Ayes u CITY OF NEWPORT BEACH MEMBERS �� S �0 �9 \3�� Gips April 24, 1989 x MINUTES Motion was made to refer this item to the Aviation Committee for report back on May 8. 2. Report from Parks, Beaches 8 Recreation regarding proposed ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 7.04.020, 7.04.025, 7.04.030, 7.04.040, 7.04.055, 7.04.090, 7.06.010, 7.10.010, 7.20.020, and 7.20.050 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO REGULATION OF ANIMALS IN THE CITY OF NEWPORT BEACH. Motion was made to introduce proposed ORDINANCE NO. 89 -8, and pass to second reading on May 8, 1988, with the deletion of the last sentence on Page 4, which states, "The provisions of this Section shall not apply to a blind person being accompanied by a guide dog." Mayor Pro Tem Plummer suggested a further amendment to the ordinance which would allow dogs on the beaches from June 15 to September 15 after 6:00 p.m., and before 7:00 a.m., providing they are on a leash. Council Member Hart expressed opposition to the foregoing suggestion, stating "its what the dogs do when no one is looking that causes problems the next day." Following discussion, the motion as made by Council Member Hart was voted on and carried. There being no objections, staff was directed to look into the suggestion of Mayor Pro Tem. Plummer, and to also report back on the effectiveness of keeping dogs off the beaches during the Summer months. 3. Report from Marine Director regarding proposed ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 11.17 PERTAINING TO THE OPERATION, LAUNCHING, AND HAULING OF VESSELS AND JET SKIS ADJACENT TO THE PACIFIC OCEAN. Council Member Hart commented that she was opposed to the opening of any beaches for jet skis; however, she would support introducing the ordinance, and passing to second reading on May 8, 1989. Volume 43 - Page 160 Regs (70) Marine Recreation- al Actvts (51) on Ayes Motion All Ayes E CITY OF NEWPORT BEACH MEMBERS MINUTES C v April 24, 1989 INDEX Thomas Pratte, representing the Marine Surfrider Foundation who specialize in Recreational issues of ocean wave recreation along Actvts the coast, addressed the Council, and indicated he felt there should be more stringent regulations in the ordinance regarding jet skis. He distributed copies of one of their newsletters "Making Waves," and discussed an article entitled "Jet Ski Invasion." He stated that the California Harbors and Navigation Code restricts these vessels to 5 MPH, or less within 200 feet of any beach frequented by swimmers, and within 100 feet of any swimmer. In addition, the regulations prohibit reckless operation, which has been judiciously interpreted to include wave jumping. The 5 MPH speed limit near shore effectively prohibits wave- riding as the waves rolling to shore exceed that speed. He stated they feel jet skis are noisy, the exhaust fumes carry for long distances, and they are incompatible with ocean surfers. He stated it was their recommendation that jet skis be launched 100 yards past or seaward of the surf line rather than 100 feet, as proposed in the ordinance. X Motion was made to introduce proposed Ord 89 -9 ORDINANCE NO. 89 -9, and pass to second reading on May 8, 1989. 4. Report from Planning Department Zoning/ regarding proposed ORDINANCE OF THE CITY Title 20 COUNCIL OF THE CITY OF NEWPORT BEACH PCA 675 AMENDING CERTAIN SECTIONS OF TITLE 20 OF (94) THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH FLOOR AREA RATIOS AND LAND USE INTENSITIES CONSISTENT WITH THE GENERAL PLAN [PLANNING COMMISSION AMENDMENT NO. 675] The City Attorney advised that he and the Planning Director would like to rewrite the subject ordinance in terms of easier understanding and recommended it be brought back on May 22, 1989. x Motion was made to defer the above item to May 22. 5. Report to the City Manager regarding Planning ACTIONS TAKEN BY THE PLANNING COMMISSION (68) ON APRIL 13, 1989. Volume 43 - Page 161 Motion All Ayes rn L Motion All Ayes J v CITY OF NEWPORT BEACH EMBERS MINUTES O 4 9 y9� 0 9� April 24, 1989 INDEX Motion was made to schedule public U/P 3347 hearing on May 8 regarding application of BARRY AND MARJORIE LOUD FOR USE PERMIT NO. 3347 on property located at 307 Narcissus Avenue; and receive and file the remaining actions. 6. Report from the Marine Department Harbor recommending denial of Application No. Permit 105 -2717 by Ernest Schroder and Jim Apli No. Beauchamp to construct a residential pier 105 -2717 bayward of 2719 and 2717 Shell Street. (51) x The City Clerk advised that a letter was received this date from the above applicants requesting the subject application be removed from the agenda; and therefore, motion was made to grant the request. H. ORDINANCES FOR ADOPTION: None. 1. CONTINUED BUSINESS: 1. Recycled report dated January 23, 1989 PB &R /Ocean from Parks, Beaches and Recreation Front Bchs Director concerning CLOSING TIME FOR Closing OCEAN FRONT BEACHES. (62) Letter dated November 14, 1988 from Central Newport Beach Community Association. Letter dated December 13, 1988 from West Newport Association. Letters dated December 9, 1988, January 15, 1989 and April 16, 1989 from Balboa Peninsula Point Association. Report from Chief of Police. The City Manager stated that currently Corona del Mar Beach is closed at 10:00 p.m., and that the three homeowner associations on the Peninsula are also requesting a 10:00 p.m. closure. It was further noted that the Parks, Beaches and Recreation Commission are recommending that the Council retain the 12:00 Midnight beach closure time; request the Police Department to vigorously enforce regulations on overnight sleeping at public locations, and request the Environmental Quality Affairs Committee to expand the "Litter Free Zone" concept to other beach areas. I Volume 43 - Page 162 CITY OF NEWPORT BEACH MMUTES y 0 \G��-71C April 24, 1989 Jerry Burnheimer, 208 36th Street, addressed the Council and spoke against the request for 10:00 p.m. beach closure. He stated he felt it will only "aggravate" the situation, and that people need to be educated on the use of public beaches. Tom Christensen, President, West Newport Association, addressed the Council in support of the proposed 10:00 p.m. closure. He stated that the residents who live on the Peninsula year -round share the beach willingly with all beach visitors; however, they would like to enjoy peace and quiet in the evening and felt the 10:00 p.m. request for closure would alleviate some of the late night disturbances. Walter S. Semeniuk, 6807 W. Seashore Drive, addressed the Council in support of the 10:00 p.m. closure, advising that the beach restrooms are also closed at 10:00 p.m. He stated the residents in the area are continually subjected to traffic and noisy beachgoers long past midnight and he felt the 10:00 p.m. closure would help the Police Department enforce the City -wide curfew ordinance for minors. Thomas Pratt, representing The Surfrider Foundation, addressed the Council against the 10:00 p.m. closure. He pointed out that people can still use the bicycle path past 10:00 p.m., which is actually closer to the residential beach front homes than the beach itself, and that people do enjoy the "grunion runs," which are usually later than 10:00 p.m. He felt there were existing regulations which the City can enforce with regard to noise, traffic, etc., without having to close the beaches at 10:00 P.M. Dayna Pettit, President, Balboa Peninsula Point Association, addressed the Council in favor of the 10:00 p.m. beach closure. She stated they felt the earlier closure would help mitigate the tremendous nuisance problems that exist in all the beach areas. She submitted 148 responses to their newsletter in support of the 10:00 p.m. closure and 12 in opposition. Volume 43 - Page 163 PB &R /Ocean Front Bchs Closing Motion tion CITY OF NEWPORT BEACH MEMBERS PO 9 April 24, 1989 x MINUTES Virginia Herberts, member of the Parks, Beaches and Recreation Commission, addressed the Council and stated she was speaking as a resident at this time in favor of the 10:00 p.m. closure. She stated the Peninsula residents "desperately" need help with this problem and urged the Council to try the earlier closure for at least six months. William Schonlau, Second Vice President, West Newport Beach Association, addressed the Council in support of the 10:00 p.m. closure. He stated that even if the earlier closure were 30% effective, it would be a "major step forward from the present condition." They do not propose additional police manpower or police equipment, as they feel the same procedure used now to close at midnight be used at the earlier hour. He stated he concurred in the recommendation of Mrs. Herberts to close at 10:00 p.m. on a trial basis. Arb Campbell, Police Chief, addressed the Council and stated he does not reject the 10:00 p.m. closure as a bad idea; however, if the beach were to close at 10:00 p.m., the number of people to be ushered from the beaches, particularly on the weekends, would be much greater than at 12:00 Midnight and this would result in a significant enforcement problem for the police department. As an alternative, he suggested lights be installed to assist in clearing the beach at closing time. He stated lights were installed on the beach at Corona del Mar and at the Wedge and have proven to be effective in solving the problem. He felt that if lights were installed at the two pier areas, two blocks in each direction, this would serve as a safety factor, as well as diminishing crowd and noise problems. Following discussion, motion was made to retain the 12:00 p.m. Midnight closing time, but to install lights at the two pier areas, and to approve Budget Amendment No. 065 in the amount of $29,000 for the cost of said lights. Substitute motion was made to approve the 10 :00 p.m. beach closure; installation of lights at the two pier areas; and Budget Amendment No. 065 in the amount of $29,000 for the cost of said lights. Volume 43 — Page 164 PB&R /Ocean Front Bchs Closing Motion Ayes Noes ❑I Motion All Ayes on Ayes x x x CITY OF NEWPORT BEACH MEMBERS MINUTES 9Vf April 24, 1989 Ito INDEX x Second substitute motion was made to PB &R /Ocean x x x x close the beaches at 11:00 p.m.; approve Front Bchs X x the installation of lighting at the two Closing pier areas, as well as Budget Amendment No. 065 in the amount of $29,000 for the cost of said lights, which motion carried. The City Attorney advised that in view of the foregoing action, he will prepare an ordinance for introduction at the next meeting changing the closing time for the beaches to 11:00 p.m. 2. APPOINTMENTS TO THE CITY COUNCIL AD HOC Trsp Mgm TRANSPORTATION MANAGEMENT AIR QUALITY Air Qlty COMMITTEE. Ad Hoc Cmte Motion was made to confirm Mayor's appointment of Council Members Evelyn Hart, John Cox, and Jean Watt. J. CURRENT BUSINESS: 1. Letter from Council Member Turner Aviation regarding the resignation of G. Robert Cmte Pendleton as a homeowners representative (24) on the CITIZENS AD HOC AVIATION COMMITTEE. Motion was made to appoint Mimi Singleton to replace G. Robert Pendleton on the Aviation Committee, and to defer action on the alternate appointment to Randolph J. Kroenert to May 22, 1989. Meeting adjourned at 12:25 a.m. i The agenda for this meeting was posted on April 20, at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 44"%a41-- Mayor ATTEST: City Clerk Volume 43 - Page 165