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HomeMy WebLinkAbout02/12/1990 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G9 \\\\\ REGULAR COUNCIL MEETING PLACE: Council Chambers yt��'� TIME: 7:00 P.M. ROLL C. ®! 1 DATE: February 12, 1990 vuiume 44 - rage » Representatives of COMCAST CABLEVISION presented Council Member Cox with the 4th Annual Diamond Award and Plaque in recognition of his community talk show "The Bent Big, The Bad, and The Beautiful." x x x x x x x A. ROLL CALL. ' Motion x B. Reading of Minutes of Meeting of All Ayes January 22, 1990, was waived, approved as written, and ordered filed. Motion x C. Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Plummer opened the continued U/P 3321 public hearing and City Council Npt Sound REVOCATION OF USE PERMIT NO. 3321 for Waves failure to comply with specific (88) Conditions of Approval of said use permit, being a request of NANCY AND ROBERT CLARK (NEWPORT SOUND WAVES) to permit the establishment of a retail sales facility specializing in the sale and installation of automobile accessories and auto detailing on property located at 2906 West Coast Highway, on the northerly side of the highway between North Newport Boulevard and Riverside Avenue in Mariners Mile; zoned SP -5. Report from the Planning Department. Letter from Nancy Clark requesting continuance to February 26, 1990, as Attorney Ted Dean is out of the country on business until February 23. The City Manager summarized this item noting that initially the Planning Commission approved the subject application in 1988, which included approximately 22 Conditions of Approval. In 1989, the Planning Commission found that some of those Conditions of Approval had not been met, and therefore, recommended at the November 13, 1989 City Council meeting that the subject use permit be revoked. At that time, the City Council voted to continue the matter to its meeting of ® November 27, 1989, so as to allow additional time for staff to meet with the applicants, determine appropriate restrictions on the business, and prepare an agreement that would allow the Council to revoke the use permit in vuiume 44 - rage » CITY OF NEWPORT BEACH COUNCIL MEMBERS co RAL 1. C ®1 1 February 12, 1990 MINUTES lftfin v Volume 44 - rage 36 the event of noncompliance with the restrictions. On November 27, 1989, the City Council authorized the subject agreement, and continued the public hearing for the revocation of Use Permit No. 3321 to its meeting of February 12, 1990. The restrictions of the agreement are set forth in the letter agreement signed by Nancy Clark and included as an attachment to the Planning Commission staff report, dated January 4, 1990. In accordance with paragraph "H" of said agreement, Newport Sound Waves was required to submit an application to amend Use Permit No. 3321 on or before December 8, 1989, and upon approval, diligently pursue compliance with all conditions imposed by the Planning Commission on review or appeal. The Planning Commission, on January 4, 1990, approved the amended use permit and recommended its approval to the City Council. In response to question raised by Council Member Hart as to whether or not the applicants are actually complying with all the Conditions of Approval, the Planning Director indicated that to the best of his knowledge, the applicants have overcome the problems they were • having in complying with the initial use permit, and have indicated to staff they intend to comply with all the Conditions of Approval imposed with the amended use permit. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to overrule the original All Ayes Planning Commission recommendation to revoke subject use permit and find that the operation is now in substantial conformance with City regulations. 2. Mayor Plummer opened the public hearing PCA 699 regarding PLANNING COMMISSION AMENDMENT Irvine NO. 699 - A request of IRVINE RETAIL Retail PROPERTIES COMPANY to amend the Fashion Prop Co Island Planned Community Development (94) Plan so as to allow seven entry marker signs located within the ring created by Newport Center Drive in Newport Center. Report from the Planning Department. The City Manager summarized the report noting the applicant proposes to retain seven entry markers utilized for the reopening ceremonies of the remodeled Fashion Island Shopping Center. The Volume 44 - rage 36 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL February 12, 1990 Raoftu t volume 44 - rage j/ signs are currently located as indicated on the site plan submitted with this application. Dave Dmohowski of The Irvine Company • addressed the Council, and stated they agree with the findings and recommendation of the Planning Commission and that he was available for questions. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 90 -7 All Ayes 90 -7 amending the Fashion Island Planned Community Development Plan to allow seven entry marker signs. 3. Public hearing regarding GENERAL PLAN GPA 89 -2(F) AMENDMENT NO. 89 -2(F) - A request of (45) JAMES G. WHITE, JR., AND LAWRENCE M. CAMPEAU to amend the Land Use Element of the General Plan so as to change the land use designation of property located at 2001 and 2101 15th Street, Cliff Haven from "Governmental, Educational and Institutional Facilities" to "Single Family Attached" with a density of one unit for each 2,178 square feet of land area; and the acceptance of an • Environmental Document; AND TRAFFIC STUDY NO. 62 - Request to Trfc Stdy approve a Traffic Study so as to permit 62 the construction of a 15 unit residential condominium development on the subject property; AND Proposed ORDINANCE NO. 90 -2, being, Ord 90 -2 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 21 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R -3 DISTRICT TO THE MFR (2,178) SPR DISTRICT (PLANNING COMMISSION PCA 700 AMENDMENT NO. 700); (94) AND TENTATIVE MAP OF TRACT NO. 14186 - Tract 14186 • Request to subdivide two existing lots into a single lot for a 15 unit residential condominium development located at 2001 and 2101 15th Street; AND volume 44 - rage j/ CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES � G ROLL Ca LL February 12, 1990 -- oeme,�ea SITE PLAN REVIEW N0. 54 — Request to Site Pln approve a site plan review for the Rvw 54 purpose of permitting a residential density bonus of 3 units within a 15 unit residential condominium development • and request to approve a modification to the Zoning Code so as to allow the construction of two stairs and two entry decks within the proposed 20 foot front yard setback which exceeds three feet in height. The proposal also includes a modification to the Zoning Code so as to permit a three foot encroachment into the required 16 foot side yard setback adjacent to the easterly property line. Report from the Planning Department. The City Manager outlined the subject report. Larry Campeau, applicant, addressed the Council in support of his project. He stated all parking will be underground and off the alley; the structure will be mediterranean in architecture to be compatible with the school across the street; they have met with Cliff Haven and Newport Heights Homeowners Associations and understand they have no objections to the project; and the project will include three affordable for -sale units. He felt the development will be good for the neighborhood and urged its approval. In response to question raised by Council Member Hart regarding Condition No. 5 (landscaping at the intersection of Irvine Avenue and 15th Street), Mr. Campeau advised that he was very aware of the sensitivity of the corners with regard to sight distance requirements, and stated they will be installing a new 8 foot -wide sidewalk along the entire perimeter of the property, and that two additional feet beyond the sidewalk will be landscaped with only turf. During course of discussion, a correction was noted by staff which changes the number of dwelling units allocated for the Cliff Haven area from 555 to 554 in the proposed resolution amending the Land Use Element of the • General Plan for the Zonta Club Site in Cliff Haven. In response to Council Member Strauss's suggestion to change the affordable period from 20 to 30 years, Mr. Campeau stated that he had no objections, Volume 44 — Page 38 • Motion • x CITY OF NEWPORT BEACH MINUTES February 12, 1990 providing this is what is being done by other builders in the City, and that it would not be detrimental to his financing. It was also brought out that the applicant would be subject to approximately $90,000 for in -lieu park fees. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to; (a) Approve the project as recommended by the Planning Commission and: 1. Adopt Resolution No. 90 -8, adopting General Plan Amendment No. 89 -2(F), and accepting the Environmental Document; and 2. Adopt ORDINANCE NO. 90 -2; 3., Approve Tentative Map of Tract No. 14186 subject to the findings and conditions recommended by the Planning Commission; 4. Sustain the action of the Planning Commission and approve Traffic Study No. 62 and Site Plan Review No. 54, with the revised finding and condition suggested in the staff report; 5. Condition No. 16 be revised to change the affordable period from 20 to "30 years;" 6. Add Condition No. 17 to read: " That in -lieu park fees shall be paid pursuant to Section 19.50 of the Municipal Code." 7. Staff investigate the feasibility of acquiring vacant lot (including appraisal) across from the small City park in Cliff Haven using the proceeds received from this project from in -lieu park fees. Volume 44 - Page 39 GPA 89 -2(F) Res 90 -8 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES c ROLL C LL February 12, 1990 -- WDEh Council Member Cox stated he will support the motion, but that he was opposed to changing the affordable period from 20 to 30 years. •Ayes The motion was voted on and carried. 4. Mayor Plummer opened the public hearing Tract 14162 regarding TENTATIVE MAP OF TRACT NO. 14162 - A request of CARNATION COVE to subdivide portions of four existing lots and a portion of an abandoned street (Carnation Avenue), located at 2500 Seaview Avenue into a single lot for a 6 -unit residential condominium development on property located in the R -3 District. Report from the Planning Department. The City Manager summarized the subject report. David Diem, applicant, addressed the Council and stated that he was in agreement with the findings and conditions recommended by the Planning Commission. • In response to comment made by Mayor Pro Tem Sansone, Mr. Diem advised that the name "Carnation Cove" is the name of the partnership which owns the property, and that the name of the project will not have any reference to Carnation Cove. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to approve the Tentative All Ayes Map of Tract No. 14162, subject to the findings and conditions recommended by the Planning Commission. 5. Mayor Plummer opened the public hearing Canner V1 Y g concerning ASSESSMENT DISTRICT N0. 58 Imprvms/ (CANNERY VILLAGE) - CANNERY VILLAGE AREA Asmt D#58 STREET IMPROVEMENTS (CONTRACT NO. 2699) C -2699 to hear comments or protests from (38) citizens concerning the "Engineer's Report," and the establishment of the Utilities proposed district. (89) Report from the Public Works Department. • Letter of inquiry from Mr, and Mrs. Clarence Staaf. The Public Works Director outlined the proposed boundaries for the Assessment District and the proposed improvements. Bids were received on January 23, 1990, for said improvements, with the low bid Volume 44 - Page 40 0 �J CITY OF NEWPORT BEACH �A G� February 12, 1990 of $412,500.25 being 23% lower than the Engineer's estimate. The low bidder, Clayton Engineering, Inc., has successfully completed contracts for the City in the past, and funds for this project are available in the current capital improvement budget. The General Fund will be reimbursed for the assessment district improvement costs through bond sales and cash payments by property owners. A proposal for the sale of bonds has been received from Miller & Schroeder Financial, Inc., and these bonds will have a net effective rate of 7.392% and will mature in 10 years. Upon award of the construction project, it is anticipated that work would be completed by June 1990. The breakdown of the proposed improvements is as follows: A. Construction Street Lights $ 82,700.00 Missing Improvements 44,562.50 10% Contingency $ 12,726.25 Subtotal $139,988.75 B. Incidental Design, Administrative & Financial Costs $ 24,865.00 C. City Contributions Street Lighting in City Lot ($ 7,000.00) Balance to Assess- ments $157,853.75 Cannery Village and Street Improvements (Contract 2699) Construction Contract $412,500.25 Less Assessment Con- struction Cost $120,262.50 Balance to General Fund $292,237.75 It was also noted that all affected property owners were notified in writing of this public hearing; the subject area was posted; and official notice was advertised in the local newspaper. As of this date, no protests have been formally filed with the City Clerk. Volume 44 - Page 41 Cannery Vlg Imprvms COUNCIL A on 4PAyes • • CITY OF NEWPORT BEACH X MINUTES February 12, 1990 Hearing no one wishing to address the (Cannery Vig Council, the public hearing was closed. Imprvms Motion was made to: 1. Proceed with the establishment of the district; and a. Adopt Resolution No. Res S9 -9 90 -9 ordering certain changes and modifications to the "Engineer's Report;" b. Adopt Resolution No. Res 90 -10 90 -10 overruling and denying protests and making certain findings; C. Adopt Resolution No. Res 90 -11 90 -I1 confirming the assessment, ordering the improvements made, together with appurtenances, and approving the "Engineer's Report;" d. Adopt Resolution No. Res 90 -12 90 -12 awarding the contract for the construction of certain public works improvements; and e. Adopt Resolution No. Res 90 -13 90 -13 accepting proposal for the sale of bonds. 6. Mayor Plummer opened the public hearing Orange pursuant to Newport Beach Municipal Code County Section 5.12.020 and 5.12.040, request Taxi of ORANGE COUNTY TAXI, 32325 South Coast (87) Highway, Suite 205, Laguna Beach for CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Report from Business License Supervisor. The City Manager advised that investigation by the Business License Supervisor concludes the applicant has satisfied Municipal Code requirements to operate the four taxicabs listed on the subject application, and it is, therefore, recommended the City Council approve the request for public convenience and necessity. Volume 44 - Page 42 ;Ih1 n :T� COUNCIL MEMBERS ROLL CG L � \\\\\Tp\ F ebruary 12, 1990 MINUTES j 7�fiTEn Y% - Kage YJ Gregory Parkin, Attorney representing the applicant, addressed the Council and stated they agree with the conclusions of the Business License Supervisor and are available for questions. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to grant the request and All Ayes issue Certificate of Public Convenience and Necessity to Orange County Taxi. 7. Mayor Plummer opened the public hearing Towing/ pursuant to Newport Beach Municipal Code Cline Section 5.13.060, request of CLINE'S (70) TOWING, 20001 Brookhurst Street, Huntington Beach, for CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. Report from Business License Supervisor. The City Manager noted that the applicant does not intend to operate an e impound yard, conduct impound operations, nor provide police towing services. The request is to operate three (3) tow trucks, excluding private property impound operations. Hearing no one wishing to address the Council, the public hearing was closed. Moon x Motion was made to grant the request and All Ayes issue Certificate of Public Convenience and Necessity to Cline's Towing. E. PUBLIC COMMENTS: Pat Shehan, representing homeowners of Share Park Lido condominiums, addressed the Our Selves Council in an effort to solicit support to oppose the application for use permit and proposed sale of 1550 Superior Avenue, Costa Mesa, to Share Our Selves (SOS). She stated that the proposed site is only two blocks from Park Lido, and felt that if the use permit is approved by Costa Mesa City Council there will be increased foot traffic through their area, additional crime problems and the value of Park Lido, as a place to live, will decrease. The Council took no action on the above. • Y% - Kage YJ Motion ' All Ayes 0 • • MEMBERS x CITY OF NEWPORT BEACH MINUTES February 12, 1990 F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION: Schedule for public hearing on February 26, 1990 - (a) Proposed ORDINANCE NO. 90 -3, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE MARINERS MILE SPECIFIC PLAN (SP -5), REVISING THE PERMITTED LAND USES IN THE RECREATIONAL AND MARINE COMMERCIAL AREAS CONSISTENT WITH THE NEWPORT BEACH GENERAL PLAN AND LOCAL COASTAL PROGRAM, LAND USES PLAN. OTHER AMENDMENTS INCLUDE CHANGES TO THE DEVELOPMENT STANDARDS TO ELIMINATE THE CONCEPT OF INCREASED FLOOR AREA IN ASSOCIATION WITH CERTAIN INCENTIVE USES AND OTHER MINOR CHANGES IN THE DEVELOPMENT STANDARDS (PLANNING COMMISSION AMENDMENT NO. 697) [Report from the Planning Department] Schedule for public hearing on March 12, 1990 - (b) Proposed ORDINANCE NO. 90 -4, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 17 SO AS TO ESTABLISH A 10 FOOT FRONT YARD SETBACK ALONG CARNATION AVENUE (PRIVATE STREET) LOCATED AT 308 -312 CARNATION AVENUE, WHICH WILL BE MEASURED FROM THE ORIGINAL RIGHT -OF -WAY LINE OF CARNATION AVENUE (PLANNING COMMISSION AMENDMENT N0. 696). [Report from the Planning Department] Volume 44 - Page 44 (94) 90 -3 697 M L • • CITY OF NEWPORT BEACH MINUTES February 12, 1990 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 90 -14 declaring the City's INTENTION TO VACATE AN EASEMENT for sewer purposes (located at 800 15th Street, and 609, 615 and 619 St. James Road in Cliff Haven area); accepting a map showing the easement to be vacated; and SETTING MARCH 12, 1990, as the date for the PUBLIC HEARING concerning the intended vacation. (Report from the Public Works Department) (b) Resolution No. 90 -15 requesting the ORANGE COUNTY TRANSPORTATION COMMISSION (OCTC) to include Jamboree Road Rehabilitation between Ford Road and Back Bay Drive project in the Orange County Unified Transportation Trust ( OCUTT) Fund Program in Fiscal Year 1990 -91; and direct staff to apply for OCUTT funding to rehabilitate Jamboree Road between Ford Road and Back Bay Drive. (Report from Public Works Department) (c) Resolution No. 90 -16 approving an AMENDMENT TO THE JOINT POWERS AGREEMENT (CONTRACT NO. 2548) providing for the ADMISSION OF THE CITY OF LAGUNA NIGUEL to the SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR AGENCY; and authorizing the Mayor and City Clerk to execute the amended agreement. (Report from the Public Works Department) Swr Esmt Res 90 -14 (90) PW /OCTC Res 90 -15 (74) SJHls Trnsp Crdr Amd Res 90 -16 (38) (d) Resolution No. 90 -17 encouraging KOCE -TV and supporting KOCE -TV in its lRes 90 -17 efforts to improve and upgrade its (42) broadcast signal, and commending their staff for dedication to the public. (e) Resolution No. 90 -18 requiring TRAFFIC SOUTHBOUND ON ORANGE TO YIELD AT SEASHORE DRIVE. (Report from the Public Works- Traffic Engineering) 3. CONTRACTS /AGREEMENTS: Traffic/ Yld Orng- Seashr Dr Res 90 -18 (85) (a) Authorize the Mayor and City Clerk Via Lido to execute an agreement with Plza Pkg Lt Newport Via Lido Associates which C -2801 provide for, among other things, a (38) contribution of 50% of design and construction costs up to a maximum Volume 44 - Page 45 CITY OF NEWPORT BEACH OUNCIL MEMBERS 6 \`015 ,\S G February 12, 1990 MINUTES of $45,000 for VIA LIDO PLAZA PARKING LOT RECONSTRUCTION AGREEMENT; and execute Amendment No. 1 to the Indenture of Easement which modifies the number of parking spaces waived from 11 to 6. (Report from the Public Works Department) (b) Authorize the Mayor and City Clerk Laguna Bch/ to execute AGREEMENT FOR Splmntl SUPPLEMENTAL LAW ENFORCEMENT Law Enf Sry SERVICES FOR CITY OF LAGUNA BEACH C -2802 for period of approximately one (38) year beginning February 1, 1990. (Report from Police Chief w /agreement) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works for response, PW /Npt letter from Central Newport Beach Chnl Brdg Community Association of January (74) 22, 1990, concerning NEWPORT CHANNEL BRIDGE WIDENING. (b) To Public Works for filing, letter PW/16th St from Jan D. Vandersloot, M.D., Sdwlks concerning REQUESTS FOR SIDEWALKS (74) ON 16TH STREET (E16 STREET), with copy of response signed by Mayor Plummer. (c) To Off- street Parking Committee for Parking review, letters from Balboa Meters Improvement Association, Robert (63) Roubian., and John W. Jacobs concerning REVISED HOURS OF OPERATION OF PARKING METERS. (d) To Personnel Director for reply, Personnel letter from ORANGE COUNTY HUMAN Mrtn Luther RELATIONS COMMISSION requesting Holiday consideration in adopting Dr. (66) Martin Luther King, Jr.'s birthday as a holiday. (e) To Executive Assistant for reply, LAFCO/ letter from Robert C. Boullon of Annex January 27, 1990, together with (21) copy of his letter to LAFCO (listed on January 8 Council agenda) concerning his sphere of influence within Newport Beach. (f) To Executive Assistant for reply, COMCAST TV letter from Brad Barrett expressing (42) dissatisfaction with COMCAST TV customer service. I (g) Removed from the Consent Calendar. Volume 44 - Page 46 CITY OF NEWPORT BEACH COUNCIL MEMBERS , pA G ROLL CALL February 12, 1990 mmt? 1"T2,1min 44 - rage 41 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) Karen Carlson alleging property Carlson damage as a result of sewer backup at 2616 Cove Street on January 16, 1990. (b) Carmen Debeau alleging City Debeau employee backed into her car in parking lot at 369 Hospital Road on November 28, 1989. (c) Doc McGhee alleging water pipe McGhee clogged as a result of City replacing new water meter at 54 Royal St. George on January 10, 1990. (d) Mercury Insurance Company for Robin Mercury Ins, Riggs alleging personal injuries Riggs and property damage as a result of vehicle driven by Orange County employee Riggs being hit by City Street Sweeper on December 27, 1989 on 43rd Street. (e) County of Orange alleging personal County Orng injuries and damages as a result of Riggs City Street Sweeper backing into County of Orange employee Robin Riggs' vehicle on December 27, 1989, at 43rd and River Streets while in the course and scope of her job duties. (f) Keith R. Poplet alleging vehicle Poplet towed in error from 109 35th Street on January 23, 1990, seeking reimbursement of $58.00 towing charge. (g) Catherine A. Russell alleging Russell damages as a result of traffic accident on Pacific Coast Highway near Irvine Terrace on July 23, 1989. (h) Anna K. Vroman alleging she was Vroman rear -ended by Police vehicle at • Pacific Coast Highway and Bayside Drive on December 30, 1989. 44 - rage 41 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES GQ C9 20LL CALL a S� February 12, 1990 INDEX 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: • (a) Rose Salter Cohen, Orange County Cohen Superior Court, Case No. 614167. Claim denied by City Council on September 25, 1989. (b) William W. Heath for personal Heath injuries, Orange County Superior Court, Case No. 614959. Claim denied by City Council on January 25, 1990. (c) Marguerite Pitts for personal Pitts injuries, etc., Orange County Superior Court, Case No. 607142. Claim denied by City Council on September 11, 1989, (d) Frank Tozzolina, Jr., for damages Tozzolina and demand for jury trial, United States District Court, Case No. SACV- 90- 50 -AHS. (e) Nelly and Javier Van Oordt for Van Oordt personal injuries, Orange County Superior Court, Case No. 614908. • Claim denied by City Council October 30, 1989. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Librarian, Library Department. (b) One Senior Library Clerk, Library Department. (c) One Refuse Worker I, General Services Department. (d) One Traffic Engineering Technician, Public Works Department. (e) Two Administrative Clerks, to fill vacant position in Building Department and fill new position in Fire Department. (f) One Refuse Worker II, General Services Department. • (g) One Utilities Crew Chief, Utilities Department. (h) One Senior Equipment Mechanic, General Services Department. (i) One Tree Trimmer I, Parks Division. Volume 44 - Page 48 • • is CITY OF NEWPORT BEACH MINUTES \ �A V 1\ February 12, 1990 (j) One Equipment Maintenance Crew Chief, General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. (c) Report from the Public Works Department recommending adoption of REVISED COUNCIL POLICY L -12 - "SOUND ATTENUATION WALLS." 10. PUBLIC HEARING SCHEDULING - February 26, 1990: (a) GENERAL PLAN AMENDMENT NO. 89 -3(E) - Request to amend the Land Use Element of the General Plan so as to increase the allowable Floor Area Ratio of Our Lady Queen of Angels Church from 0.15 to 0.17; and the acceptance of an Environmental Document; Cncl Policy L -12 (69) PA 89 -3(E) (45) TRAFFIC STUDY NO. 61 - Request to Trfc Stdy 61 approve a traffic study so as to permit the construction of a 23,534 square foot addition to Our Lady Queen of Angels Church; AND USE PERMIT NO. 991 (AMENDED) - Request to amend a previously approved use permit which allowed the establishment of the existing Our Lady Queen of Angels Church located at 2046 Mar Vista Drive. The proposed amendment involves a request to permit the construction of a 23,534 square foot addition to the church which will include a new parish hall, administrative offices, new classrooms and a new garage for the parish rectory. (Report from the Planning Department) 11. FINAL MAP OF TRACT NO. 14025 - Approve the Final Map of Tract No. 14025, a request of N/R Marina Partners, incorporating by reference the Finding and Condition recommended by the Planning Commission, to subdivide 26 existing lots into a vertical subdivision containing two lots for residential purposes; one lot for commercial and marina purposes, one lot Volume 44 - Page 49 U/P 991(A) (88) Tract 14025 COUNCIL MEMBERS • u Motion All Ayes 0 CITY OF NEWPORT BEACH x MINUTES February 12, 1990 for residential parking purposes, and one lot for commercial parking purposes. Property located at 2602 -2620 Newport Boulevard on the southeasterly corner of 28th Street and Newport Boulevard in the Cannery Village /McFadden Square Specific Plan. (Report from the Planning Department) 12. Removed from the Consent Calendar. 13. ENCROACHMENT PERMIT /LIDO ISLE COMMUNITY ASSOCIATION CLUBHOUSE - Uphold staff's recommendation to approve the application for the construction of two planters on the bayside of the Lido Isle Community Association Clubhouse. (Report from the Public Works Department) 14. USE PERMIT NO. 2046 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Use Permit No. 3102 (located at 1522 Placentia and 1501 Superior Avenues); and authorize the City Clerk to release the Faithful. Performance Bond and Labor and Materials Bond (No. 28051124). (Report from the Public Works Department) 15. Removed from the Consent Calendar. 16. BUDGET AMENDMENTS - For approval: Permit/ Encrchm (65) U/P 2046 (88) BA -045, $4,000 - Transfer in Budget Appropriations to provide for City contribution to underground utilities in the vicinity of Kings Road Park; Parks, Beaches 6 Recreation Fund. (Report from PW the Public Works Department) 1(74) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from Parks, Beaches and Property Recreation Director recommending (73) RETAINING THE R -2 ZONING and determining that CITY PROPERTY AT 4210 RIVER AVENUE is not needed as a part of the City park system. Motion was made to retain the R -2 zoning and determine that the subject property is not needed as a part of the City park system, direct staff to investigate other alternative uses for this parcel and report back at a future date. Volume 44 - Page 50 CITY OF NEWPORT BEACH COUNCIL MEMBERS G9Z�� I C L CALL February 12, 1990 • Motion All Ayes Motion Is NO x x x I x I x I x I x I x I x MINUTES 2. Letter of complaint from Jeannette Galatine concerning property damage, as well as danger of personal injury from motorists speeding on Irvine Avenue, and additional concern about the proposed . park at the Curves; and letter of similar complaint from Roy E. Gibson. Motion was made to refer the subject letters to the Traffic Affairs Committee for review and report back. 3. RESUBDIVISION NO. 914 - Report from the Planning Department recommending approval of the request of NEWCOMB DEVELOPMENT, INC., to waive park dedication fees in the amount of $27,576 for the four affordable units to be constructed at 2807 -2815 Newport Boulevard. Motion was made to not waive the park dedication fees as requested. Council Member Hart stated that one of her reasons for not supporting the request is that due to the high cost of land, she felt the City needs this revenue to be used towards future acquisition of park land. It was pointed out to Council Member Hart that the applicant was already required to pay $241,303 in park fees for the project (28th Street Marina) for which the affordable housing was required. Discussion ensued, wherein it was noted the Housing Element of the General Plan provides that the City Council has the discretion to waive the park dedication fee for developments containing low- and moderate - income housing in proportion to the number of low- and moderate - income units in the project. Similar requests have been granted in the past. Project Condition No. 7 approved by the Planning Commission, required the payment of the park fee unless waived by the City Council. Since the four affordable apartment units represent all the dwelling units in the project, the applicant requested a waiver of the entire park fee. Following discussion, the motion was voted on and carried. Volume 44 - Page 51 Traffic (85) Resub 914 (84) COUNCIL MEMBERS 1`M\�� ���yP,6\ • Motion All Ayes is x CITY OF NEWPORT BEACH MINUTES February 12, 1990 4. Report from Planning Department U/P 3229(A) regarding REVIEW OF TRAFFIC STUDY N0. (88) 58, AND USE PERMIT NO. 3229 (AMENDED), requests of LEE WEST, NEWPORT IMPORTS, which were heard by the City Council on October 30, 1989. It was noted that the subject use permit was a request of Lee West to convert an employees' cafeteria into a restaurant and to locate a portion of the required parking on an adjoining parcel under the same ownership (Newport Imports). It was recommended by the Public Works Director that the wording for Condition No. 24 be modified to read as follows: "That the applicant will execute an agreement to pay 25% of the cost of a traffic signal at Riverside Avenue and Avon Street in case traffic signal warrants are met within five (5) years after a Certificate of Occupancy is issued for the development." Motion was made to approve the recommendation set forth in the staff report and the modification to Condition No. 24, as enumerated above. 5. ENCROACHMENT PERMIT NO. 89- 79/3317 OCEAN Permit/ BOULEVARD - Report from the Public Works Encrchm Department recommending denial for (65) Probst /Benedict Residence to construct a spa in Ocean Boulevard right -of -way as a part of the nonstandard improvements previously approved by the City Council for Encroachment Permit No. 89 -29. Brion Jeannette, Architect for the project, addressed the Council regarding the encroachment permit, which was approved by the City on May 8, 1989. He stated that when the initial plans were submitted they reflected a spa in the Ocean Boulevard right -of -way; however, the spa was apparently not noticed on the plans by the staff, and therefore, they received the proper plan check and grading approvals. Mr. Jeannette submitted copies of the Building Permits approved by the City for the construction of the spa, as well as a set of the approved plans. He stated that on January 18, 1990, the applicant's contractor met with a City building inspector on -site to review the plans and location for the spa. The inspector "signed off" the preliminary permit that date and it wasn't until the contractor actually applied for a Volume 44 - Page 52 R • :7 Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES G February 12, 1990 building permit that they were told they would be unable to obtain said permit. Mr. Jeannette requested the City Council review the background involved with this Encroachment Permit and approve the location of the spa as depicted on the approved plans. Discussion ensued, wherein it was noted by the Public Works Director that when this Encroachment Permit was approved on May 8, 1989, one of the conditions of approval was that: "No construction permitted under this approval that would not be permitted by the Zoning Code in front of setbacks." He stated spas or swimming pools require a five -foot fence or walled -in enclosure to protect the area, and they are not the types of improvements that would normally be allowed in a front yard setback. Worth Probst, owner of subject property, addressed the Council, and stated that he has had to replace much more of the existing structure than he intended for the remodel, as the house was not structurally safe. As a result, he has spent a substantial amount of money on the foundation alone so that it will not collapse in the event of an earthquake. He lowered the garage six inches in order to satisfy the neighbor's request to provide a better view, and also changed the roofline to allow for a better view. To the best of his knowledge, only two neighbors have complained about his project. With respect to placing the spa in the public right -of -way, he stated there has been no "right -of -way" per se where the proposed spa is located since the 1950's when the house was first built. The so- called right -of -way is 15 feet below the house and there is no way you can get into or out of the yard on that right -of -way. In his opinion, it is a "bureaucratic" definition of right -of- way, and it is definitely not a public right -of -way. Following consideration, motion was made to defer action on this item to February 26, 1990 to allow the Council and staff to review the plans and site, and also to direct the City Attorney to prepare findings for approval and denial for consideration on February 26, 1990. H. ORDINANCES FOR ADOPTION: None. Volume 44 - Page 53 Encrchm Co. L • Motion All Ayes Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES February 12, 1990 I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. EMERGENCY PREPAREDNESS CITIZENS ADVISORY COMMITTEE VACANCY: Motion was made to accept with regret the resignation of William E. Nelson from the subject committee, (whose term ends December 31, 1990) and remove (District 3) Council Member Hart's vacancy from the calendar at this time. Emerg Prep CAC 2. Letter from City of Santa Ana, Mayor Organiz/ Daniel H. Young, requesting assistance SRO to form a SINGLE ROOM OCCUPANCY (SRO) (61) TASK FORCE (AFFORDABLE HOUSING) made up of one Council Member from every City in Orange County. Motion was made to appoint Council Member Donald Strauss, and City staff member Craig Bluell to serve on the subject task force, and notify City of Santa Ana. 3. Report from Parks, Beaches and Recreation Director concerning PARK BOND ISSUE. It was recommended by the Parks, Beaches and Recreation Director that the City Council: 1) Take appropriate action to place a Park Bond Issue on the ballot in November 1991; 2) Identify the Castaways and CalTrans West properties as locations to he acquired from bond proceeds; and 3) Determine that $25 million should be the bond issue amount to acquire and develop these locations. It was recommended by the City Manager this item be referred to the Budget Committee for review and report back. He indicated he was opposed to the above recommendations at this time as he felt it could harm the upcoming negotiations with The Irvine Company commencing this month regarding the.development rights for the Castaways site. In addition, inasmuch as a substantial amount of money is being considered for the two Volume 44 — Page 54 PB &R/ Bond Issue (62) Motion All Ayes Motion All Ayes • Motion All Ayes • 4\ \9� X CITY OF NEWPORT BEACH MINUTES February 12, 1990 parcels, ($25 million) he felt it should be reviewed again by the Budget Committee and /or another Council Ad -Hoc Committee. Council Member Turner, member of the Budget Committee, stated that this matter has been considered by them on two prior occasions, and indicated he felt it would be inappropriate to refer it back to the Budget Committee again. Following discussion, motion was made to refer this item back to staff for a status report in four months. Council Members were requested to address their concerns to staff regarding this issue in order that those concerns can be answered in the status report. 4. Emergency concerning ACCIDENTAL DISCHARGE OF OIL FROM THE AMERICAN TRADER ON FEBRUARY 7, 1990. x Motion was made to add Item J -4 to the agenda to discuss adoption of a resolution confirming the City Manager's decision to proclaim a local emergency in response to the American Trader Oil Spill. The proclamation was issued on February 8, at approximately 4:30 p.m., while the agenda was posted in the morning on the 8th. The Municipal Code requires Council ratification of any proclamation declaring an emergency as soon as practicable and the need to take such action arose after the agenda was posted. x Motion was made to adopt Resolution No. 90 -19 Ratifying the City Manager's Proclamation of a Local Emergency in Response to the American Trader Oil Spill on February 7, 1990, Declaring the Continued Existence of the Oil Spill Emergency, and Confirming the Validity of the Emergency Rules, Orders and Regulations Issued by the City Manager. Volume 44 - Page 55 (28) Spill 90 -19 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES February 12, 1990 Meeting adjourned at 9:15 p.m. • The agenda for this meeting was posted on February 8, 1990, at 8:35 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: �J •, I W11 I A� Volume 44 - Page 56