HomeMy WebLinkAbout08/27/1990 - Regular MeetingREGULAR COUNCIL MEETING
Gqy 9$ of PLACE: Council Chambers
G TIME: 7:00 P.M.
DATE: August 27, 1990
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Mayor Plummer presented a Proclamation to Harry
Huggins, Executive Director for the NEWPORT
CENTER /FASHION ISLAND WORLD SUMMIT FOR CHILDREN
CANDLELIGHT VIGILS - SEPTEMBER 23, 1990.
A. ROLL CALL.
B. Reading of Minutes of Meeting of August 13,
1990, 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 Plummer opened the public hearing
regarding:
Proposed ORDINANCE NO. 90 -35, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAP NO. 18 SO
AS TO RECLASSIFY ONE PORTION OF THE
PROPERTY FROM THE R -1 DISTRICT TO THE
R -2 DISTRICT, ANOTHER PORTION FROM
THE R -2 DISTRICT TO THE R -1 SPR
DISTRICT AND ANOTHER PORTION FROM THE
R -1 DISTRICT TO THE R -1 SPR DISTRICT
AND ANOTHER PORTION FROM THE R -1
DISTRICT TO THE R -1 SPR DISTRICT.
THE PROPOSAL ALSO INCLUDES A REQUEST
TO ESTABLISH A 10 FOOT FRONT YARD
SETBACK ON THE DISTRICTING MAP FOR
THAT PORTION OF THE SUBJECT PROPERTY
ADJACENT TO IRIS AVENUE AND OCEAN
BOULEVARD. LOTS 30, 32, AND 34,
BLOCK A -36, LOCATED AT 126 -130 IRIS
AVENUE; AND LOT 1, TRACT NO. 1026
LOCATED AT 3016 BREAKERS DRIVE, ON
THE SOUTHEASTERLY CORNER OF IRIS
AVENUE AND OCEAN BOULEVARD, AND ON
THE NORTHERLY SIDE OF BREAKERS DRIVE,
EASTERLY OF IRIS AVENUE, IN CORONA
DEL MAR [PLANNING COMMISSION
AMENDMENT NO. 713];
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RESUBDIVISION NO. 932 - A request of
ROBERT GUCCI to resubdivide three
Iris Avenue lots into a single family
residential development and to adjust
the common interior property line
between the proposed Iris Avenue
parcel and a Breakers Drive lot. The
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90 -35
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932
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proposal also includes an exception
Zoning
to the Subdivision Code so as to
allow the creation of a parcel which
is less than 50 feet wide.
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Report from the Planning Department.
The City Manager summarized the subject
proposal as follows:
"In order to facilitate the future
construction of a single family
dwelling on the Iris Avenue parcel,
the applicant is proposing to
consolidate the three existing lots
fronting on Iris Avenue into a single
building site (Parcel 1). Inasmuch
as the vehicular access to Parcel 1
would be extremely difficult from the
Corona del Mar beach access ramp on
the northeasterly side of the site,
the applicant is proposing to
establish a vehicular access easement
over the second property which he
owns, on Breakers Drive (Parcel 2).
Said access easement would be over
portions of both parcels and would
serve the proposed single family
dwelling on Parcel 1 and the rear
unit on Parcel 2. It is the opinion
of the Public works Department and
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the Planning Department that such an
alternative for vehicular access to
Parcel 1 is the best of all possible
alternatives. It should also be
noted that such an alternative will
also provide controlled access to
Parcel 1, inasmuch as the access will
be behind the existing security gate
at the entrance to Breakers Drive.
"Said access easement will be
established in conjunction with a new
two unit residential development to
be located on Parcel 2. In order to
facilitate the development of Parcel
2, along with the establishment of
the proposed access easement, the
applicant is also proposing to adjust
the interior common property line
between the two parcels so as to
provide a more uniform width for
Parcel 2 and a more uniform depth for
Parcel 1. In order to accomplish the
proposed lot consolidation and
boundary line adjustment, the
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applicant is requesting approval of
a parcel map. As proposed by said
parcel map, Parcel 1 will contain
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August 27, 1990
6,971 square feet and Parcel 2 will
contain 5,715 square feet. It is
also noted that the applicant is
requesting an exception to the
Subdivision Code, inasmuch as the
average lot width of the proposed
Parcel 2 will be less than 50 feet
(46..35+ feet)."
Robert Bucci, Engineer representing the
owner of the subject property, addressed
the Council in support of the request,
stating that they will be utilizing a
rather "unusual" different type of parcel,
and it is their intention to provide a
quality project. He also answered
questions posed by Mayor Pro Tem Sansone
regarding the access road to Breakers
Drive.
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Ordinance No. 90-
35, amending Districting Map No. 18, and
approve Resubdivision No. 932, subject to
the findings and conditions as recommended
by the Planning Commission.
2. Mayor Plummer opened the public hearing and
City Council review of an appeal by WILLIAM
W. LANGE, from the action taken by the
Planning Commission on July 19, 1990, to
sustain the approval of MODIFICATION NO.
3718, on property located at 15 Rocky Point
Road, at the northerly terminus of Rocky
Point Road in Spyglass Hill, a request by
Mr. and Mrs. Vijay Soni to permit the
retention of a portion of a single family
dwelling currently under construction to
encroach 1 foot 1 inch into the required 10
foot rear yard setback. The total length
of the encroachment is 7 feet, and occurs
at both the first and second floors.
Report from the.Planning Department.
Appeal application of William W. Lange with
letters of support to oppose the subject
Modification from Ken Strottman, Robert R.
overdevest, and J. A. Udall.
The City Manager outlined the staff report
as follows:
"The subject property is currently
being developed with a single family
dwelling. To the north is a single
family dwelling (i.e. the residence
of the appellant); to the east,
across Rocky Point Road, is a single
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Zoning
A No.
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family dwelling; to the south, is a Lange/
vacant lot; and to the west, is a Appeal
private park. During the course of
the construction of the subject
single family dwelling, it was
determined by a City Building
Inspector that the rear of the
building may be encroaching into the
required 10 foot rear yard setback.
On January 4, 1990, the inspector
issued a Stop Work order on the
project until, such time that a survey
could be obtained and the actual
location of the rear property line
could be determined. However, the
inspector did allow the work to
continue in all other areas not
adjacent to the setback in question.
"On February 7, 1990, the Building
Inspector determined that work had
indeed continued in the rear yard,
with no regard for his previous Stop
Work Order. In light of the
disregard for the first Stop Work
Order, the Inspector placed a Stop
Work Order on the entire project,
stating that no work was to be done
on the site.
"On February 20, 1990, the
Modifications Committee unanimously
approved Modification No. 3657, which
allowed only the proposed second
floor save overhang to encroach 3
feet 11 inches into the required 10
foot rear yard setback (see findings
and conditions of approval as set
forth in the Modifications
Committee's letter dated February 22,
1990). It was the determination of
the Modifications Committee that the
approved second floor roof overhang
would not obstruct any views from the
adjoining residential properties, but
that the proposed second floor
encroachments would obstruct views.
They appellant appeared at the
Modifications Committee hearing and
objected to the second floor
encroachments, but had no opposition
to the approved roof overhang.
"At. the Building Inspector's request,
a second survey was subsequently
executed on the subject property, and
it was determined that the rear
property line was shown incorrectly
on the original survey. The actual
rear property line is, in fact,
closer to the as -built construction,
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thereby creating further as -built
encroachments. The explanation of
the applicant's surveyor for the
error of the original survey is
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discussed in Exhibit "C" of the
brochure that was submitted by the
applicant.
"On June 12, 1990, the Modifications
Committee approved Modification No.
3715 (2 Ayes, 1 No), to permit the
retention of a corner of a two story
family room to encroach 1 foot 1 inch
into the required 10 foot rear yard
setback, with the findings and
subject to certain conditions of
approval.
"It was the determination of a
majority of the Committee members
that the existing encroachment was
minor in nature, and that the
construction would not substantially
obstruct views from the adjoining
residential property of the
appellant. The plans submitted to
the Modifications Committee included
the deletion of a portion of the
master bedroom and deck that also
encroached into the 10 foot rear yard
• setback. This modification to the
original plans was approved by a
Mutual Settlement Agreement between
the property owners and the Spyglass
Hill Community Association."
Following discussion among the Council,
William Lange, appellant and property owner
adjacent to the subject development,
addressed the Council and submitted a
prepared statement in opposition to the
encroachment, which states, in part:
"This encroachment significantly
impacts the view of Catalina Island
from the living quarters of my home.
Even though a one -foot, one -inch
encroachment seems insignificant,
when taken out of context, it is
significant at a distance of 30 feet
from the windows of my master
bedroom, living room and dining room.
Equating this loss of view to loss of
property value is difficult but
probably not impossible. In any
• case, it is significant. The issue
that really bothers me though in this
whole process is the obvious
concerted effort by the owner's
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August 27, 1990
contractor to continue building Lange/
regardless of my inquiries and Appeal
demands of your City Inspector, Steve
Michael.
"Finally, and of significance in my
opinion, the owner of this property,
Mr. V. J. Soni, is a very
sophisticated, well -known real estate
broker who specializes in the sale of
expensive housing such as the one he
is building. By definition, he is
acutely aware of the value achieved
by each additional foot of
construction which he is allowed to
build. The City of Newport Beach
should not allow his approach toward
business to impact my property value.
In this Case it does, and I ask the
Newport Beach City Council to
override an obviously flawed decision
by its Modifications Committee."
Ross W. Feinberg, Attorney representing
Spyglass Hill Community Association,
addressed the Council and reviewed the
history connected with the subject project
and the Settlement and Release Agreement
between the Association and the applicants,
Vijay and Supriti Soni. He advised that
plans were originally submitted to the
Association's Architectural Committee and
approved, and construction commenced.
However, it was noticed that construction
deviated substantially from what was
originally approved by the Committee. A
lawsuit was subsequently filed by the
Association and a Temporary Restraining
Order was issued and construction ceased.
He further advised that the Association has
no specific covenants for "view protection"
with respect to structures, only
landscaping.
The City Attorney cautioned the City
Council in their deliberations to focus on
1) whether the Modification will be
detrimental to persons residing in the
area, or to improvements in the area; or 2)
whether the Modification is consistent with
the intent of Title 20 of the Zoning Code.
Timothy A. Rowe, Systems Construction Co.,
General Contractor for the project,
addressed the Council and discussed the
proposed encroachment, noting that if the
encroachment were removed, it would require
major modification to the existing
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structure.. He emphasized that the
Modification Committee, as well as the
Planning Commission, felt the subject
Modification was "slight" in nature and,
therefore„ approved the encroachment. He
also displayed photographs of the project
under construction.
Reference was made to the proposed Site
Plan, wherein the appellant, Mr. Lange,
stated it was incorrect in that his home
actually sits back further on his lot than
shown on the Plan.
Fred V. Hallock, Systems Construction Co.,
addressed the Council and pointed out that
the proposed encroachment is actually 11
inches and not 1 foot, 1 inch as stated in
the staff report. He also stated that when
the project was "red- tagged" by the City
Building Department for the specific area
in question, all construction other than
that area was allowed to continue.
However, one of the subcontractors did not
receive the message to cease work in the
subject area and did, in fact, install some
windows, and as a result, a letter of
apology was sent.
Mrs. Supriti Soni, applicant, addressed the
Council and advised that the vacant lot
adjacent to the subject property is in the
process of possibly being sold, and since
it is a flagshaped lot, the new property
owner will build out the maximum allowed.
Following discussion, and there being no
others wishing to address the Council, the
public hearing was closed.
x Council Member Cox indicated that based on
the evidence presented at this hearing, he
felt the impact on the view was not as
severe as stated by the appellant, and
therefore, moved to sustain the decision of
the Planning Commission and approve
Modification No. 3718.
Mayor Pro Tem Sansone stated he was opposed
to the motion because of the existing
encroachment, as he felt the contractor was
at fault and did not follow City
procedures.
Substitute motion was made to overrule the
decision of the Planning Commission and
deny the Modification based on the Findings
and Conditions designated as Exhibit "B" in
the staff report.
Volume 44 - Page 287
CITY OF NEWPORT BEACH
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Council Members Turner and Hart spoke in
support of the original motion, and Council
Member Strauss indicated he was in favor of
the substitute motion.
The substitute motion was voted on and
FAILED.
The original motion to sustain the decision
of the Planning Commission was voted on and
carried.
E. PUBLIC COMMENTS:
Louise Greeley, 16 Swift Court, addressed
the Council regarding her recent letter
concerning the number of establishments in
Newport Beach approved for sale of
alcoholic beverages; extension of hours of
operation; and midnight movies at the Port
Theater in Corona del Mar [refer to Consent
calendar item F- 4(i)].
Mayor Pro Tem Sansone advised Ms. Greeley
that with respect to the midnight movies at
the Port Theater, the City has investigated
the operation, and as a result, the
property owner has been ordered to cease
and desist. However, said order has been
ignored and therefore, the City Attorney is
processing this matter further.
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
None.
3. CONTRACTS /AGREEMENTS:
None.
4. COMMUNICATIONS - For referral as indicated:
(a) To Pending Legislation and Procedural
Ethics Committee, League of
California Cities Bulletin concerning
CHARTER AMENDMENTS BY INITIATIVE - SB
1785 (KOPP).
Volume 44 - Page 288
(48)
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(b) To Planning Department for report Planning
back, letter from Mr. and Mrs. Tom (68)
O'Brien concerning PARKING SPACE on
the property behind 108 Onyx, Balboa
Island.
(c) To Deputy City Manager for response, Fire
letter of concern from (4
Karen K. 1)
Hochadel about potential loss of new,
larger FIRE STATION planned for
Marine and Park, Balboa Island.
(d) Removed from the consent Calendar.
(e) Aviation Committee for inclusion in J /Wayne-
the records, newspaper clipping and 0/C Arprt
rem -arks from Ellen M. Hutchinson (54)
concerning "OPENING OF THE NEW RILEY
AIRPORT TERMINAL," AND INCREASE IN
FLIGHTS AT JOHN WAYNE AIRPORT.
(f) To :Planning Department for inclusion IPlanning
in the records, letter from James K. u/P 3380
Dugan in favor of improvements in the (Minney)
area of 447 NORTH NEWPORT BOULEVARD (45/88)
(OWEN MINNEYI.
Note: Additional letter received
after the agenda was printed from
Dell F. Kahan in support of the
Minney project.
(g) To Utilities Director for inclusion tilities
in the records, letter of thanks from (8g)
Alan L. Blum for information
received, but now expressing interest
in subject of PORTABLE WATER.
(h) To Personnel Director for inclusion Pers
in the records, letter of thanks from (66)
R. E. Reed, (retired Marine Director)
expressing appreciation for action
taken to lower retiree's costs for
maintaining health insurance.
(i) To staff for response, letter from
Louise Greeley concerning the number
of establishments in Newport Beach
approved for sale of alcoholic
beverages; extension of hours of
operation; and midnight movies at the
Port Theatre in Corona del Mar.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
None.
Volume 44 - Page 289
CITY OF NEWPORT BEACH
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6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Juan Edvardo Alvear- Fuentes alleging Alvear-
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violation of human rights by City Fuentes
Police Officer sustained on July 30,
1990 at Pacific Coast Highway across
from Rueben E. Lee.
(b) CalTrans seeking indemnity from claim CalTrans
filed by William M. Grande on
- November 18, 1989, at Pacific Coast
Highway near Tustin Avenue.
(c) Richard Fiebiger alleging police Fiebiger
brutality, pain and suffering,
emotional distress, etc., as a result
of being arrested on May 20, 1990, at
30th and Lafayette Streets.
(d) William Garland alleging personal Garland
injuries as a result of fall from
bicycle at Pacific Coast Highway and
62nd Street on February 19, 1990.
(e) Shannon Maxwell alleging his fishing Maxwell
pole was flipped overboard off
Newport Pier by Lifeguard Rescue Boat
on July 29, 1990.
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(f) Jerry Murray alleging personal Murray
injuries as a result of fall from
bicycle at bridge across Santa Ana
River Trail on June 21, 1990.
(g) Steve S Mari Nalbandian alleging Nalbandian
vehicle towed in error on August 5,
1990; seeking reimbursement of -
storage fee ($36.00).
(h) Gerald C. Ostrowsky alleging City Ostrowsky
Refuse Trucks have damaged his
concrete garage ramp at 413 Acacia
Avenue; seeking repair of same.
(i) Robert Lee Powers alleging his Powers
vehicle was towed from Lido Isle,
August 19, 1990 in error, as the
meter maid would not accept his
receipt for payment of parking
tickets he had accumulated and paid
for previously; seeking
towing /storage fees of $85.
(j) John L. Riley, Mary Lou Riley Riley
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Knowles, et al, alleging personal
injuries, etc., as a result of
traffic collision at Jamboree Road
and Pacific Coast Highway on March
12, 1990.
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\ALLG�f NV° August 27, 1990
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(k) Application for leave to present late Stump
claim of Shayne M. Stump alleging
personal injuries as a result of
accident while playing soccer in City
sponsored recreational program on
August 22, 1989 at Anderson
Elementary School Soccer Field.
For rejection:
(1) Late claim of State Farm Insurance IState Farm/
Company /Elizabeth Caviston alleging Icaviston
claimant was rear -ended by City
Utility Truck on October 17, 1989.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Michael P. Guerin for personal
Guer
injuries, Orange County Superior
Court, Case No. 630841. Claim was
denied on February 26, 1990.
8. REQUEST TO APPROVE /FILL PERSONNEL
(66)
VACANCIES: (Report from the City Manager)
(a) One Police Officer, Patrol Division.
(b) One Police Records Specialist,
Administrative Division.
(c) One Concrete Finisher, Field
Maintenance Division.
(d) One Electrical Crew Chief, Electrical
Division.
(e) One Electrician II, Electrical
Division.
(f) Principal Planner, Advance Planning
Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the City Attorney J /Wayne-
regarding PHASE II ACCESS PLAN - JOHN 0/C Arprt
WAYNE AIRPORT. (54)
For Council information and filing:
(b) Removed from the Consent Calendar.
Volume 44 - Page 291
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10. PUBLIC HEARING SCHEDULING - September 10,
1990:
(a) Removed from the Consent Calendar.
(b) GENERAL PLAN AMENDMENT NO. 89 -2(J) -
Amending the General Plan Circulation
Element to add a roadway
classification for a "Commuter" Two
Lanes Undivided, and classify
Marguerite Avenue between East Coast
Highway and 5th Avenue in Corona del
Mar as a "Commuter" roadway. [Report
from Planning Department)
(c) GENERAL PLAN AMENDMENT NO. 90 -2(B) -
Amending the General Plan Circulation
Element to delete a segment of
University Drive from the City's
Master Plan of Streets and Highways
consistent with recent actions by the
Orange County Board of Supervisors to
delete the same segment from the
County Master Plan of Arterial
Highways. [Report from Planning
Department]
(45)
(45)
(B)
11: RESUBDIVISION NO. 905 - Approve the Resub 905
improvement plans and specifications and (84)
accept the public improvements constructed
in conjunction with Resubdivision No. 905
(421 Seaward Road), Corona del Mar; and
authorize the City clerk to release the
Faithful Performance Bond (Bond No.
2043795) and the Labor and Material Bond
(Bond No. 2043795) in six months, provided
no claims have been filed. [Report from
Public Works Department]
12. WATER MAIN /SEWER MAIN AND ALLEY CEMENT Wtr Mn/
PROGRAM (CONTRACT NO. 2759) - Approve the S
REPLA wr Mn
plans and specifications; and authorize the Alley Rplm
City Clerk to advertise for bids to be C -2759
opened at 11:00 a.m., on September 27, (38)
1990.
13. ARTS COMMISSION VACANCY - Accept with Arts Cmsn
regret, .resignation letter of Katherine (24)
Delsack; City Clerk to order thermoplaque
Certificate of Appreciation, and schedule
nominations for replacement on agenda of
September 10, 1990.
Volume 44 - Page 292
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14. SPECIAL EVENTS APPLICATIONS - Uphold (Permits/
staff's recommendation to approve the Spcl Evnts
following; subject to conditions in the (27)
staff reports:
(a) Application No. 90 -293 - Apli 90 -293
American Heart Association
temporary road closure for
Annual Bike Ride /Back Bay
Road, October 27, 1990, 7:00
a.m. - 10:00 a.m.
(b) Application No. 90 -315 - Sheri Apli 90 -315
MacGregor /Jim Dwyer, use of
amplified sound for Wedding
Reception, 1714 E. Ocean
Front, September 15, 1990,
5:30 - 9:30 p.m.
(c) Application No. 90 -320 -
Corona del Mar High
School /Rich Kredel use of
amplified sound for 20 Year
Reunion- Family Picnic /Irvine
Terrace Park /Seadrift Drive &
Evita, September 2, 1990, 12
noon - 3:00 p.m.
(d) Application No. 90 -327 - Hoag
Memorial Hospital Presby-
terian, use of amplified sound
for Patty & George Hoag Cancer
Center Opening, 301 Newport
Boulevard /2nd level parking
lot, September 8 and 9, 1990.
90 -320
Apli 90 -327
15. EMPLOYEE RIDESHARING PROGRAM - Approve Traffic/
incentives to be used to promote Emplye
ridesharing. [Report from Public Rdshrg Prg
Works /Traffic Engineering Division] (85)
16. BUDGET AMENDMENTS - For approval: (40)
BA -005, $81,000 -
Unappropriated surplus
Budget Appropriations
purchase of HELICOPTER
SYSTEM; General Fund.
Police Department to Cit
Decrease in
and Increase in
to provide for
INFRARED IMAGING
(Memorandum from
y Manager)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report ]:ram the Planning Department
regarding public hearing scheduling for:
LOCAL COASTAL PROGRAM LAND USE PLAN CP /LUP
AMENDMENT NO. 23 - Establishing a policy Amnd 23
regarding private oceanfront encroachments (68)
Volume 44 - Page 293
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onto public property and providing for the
extension of the existing oceanfront
sidewalk and bike path from the Santa Ana
River to the West Jetty.
The City Clerk advised that after the
agenda was printed, five additional letters
were received from the following in
opposition to extending the bike path:
Gene Kraus, 6502 W. Ocean Front
James Rufer, 18150 Sand Dunes Court,
Fountain Valley
Beverly Rubin, Newport Beach resident
John Krane, 10 Wild Goose Court
Greg Ludwig, 404 E. 16th Street,
Costa Mesa
Motion was made to schedule public hearing
for the above item on October 8, 1990,
Mayor Plummer requested the staff provide
the following information at the public
hearing:
1) Update of current
owner /occupied properties
along the oceanfront.
2) Map identification of street
right -of -way.
3) Legal status of the public
lands adjacent to the private
property lines along the beach
front.
4) Guidelines as to how the
encroachment issue can be
separated from the issue of
the extension of the sidewalk.
There being no objections, Council Member
Strauss amended his motion to include the
above request, and the motion was voted on
and carried.
2. Report to the City Manager from the IPlar
Planning Department regarding ACTIONS TAKEN (68)
BY THE PLANNING COMMISSION ON AUGUST 9,
1990.
Motion was made to schedule public hearing
on VARIANCE NO. 1165 for September 10,
1990; and to receive and file the remaining
actions.
3. Letter of concern from Steve Stafford IPD
regarding nuisance problem at the CARL'S (70)
JR. SHOPPING CENTER on 32nd Street.
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The City Clerk advised that after the PD
agenda was printed, a letter was received
from Don R. Adkinson, Attorney representing
the William J. Cagney Trust, owner of the
referenced shopping center.
Steve Stafford, 220 1/2 34th Street,
addressed the Council and submitted a
petition containing approximately 200
signatures of residents in the area of the
Lucky Market /Carl's Jr. shopping center,
requesting the City Council to take
appropriate action to resolve the nuisance
problem (i.e., noise, car racing, gang -type
activities, etc.). He stated that Carl's
Jr. is now open until 1:00 a.m. seven days
a week and that several neighboring
businesses have cut their operating hours
down due to reckless conditions in the
parking lot created by the "Carl's Jr. Hang
Out." The petition urges the Council to
consider the following:
1) Revoke the grandfather use
permit for Carl's Jr.
2) Limit operation hours to
normal. 10:00 p.m. on
weekdays and 11:00 p.m. on
weekends.
3) Have the Police Department
bill for services rendered by
and near Carl's Jr. to Cagney
Enterprises and Carl's Jr.
4) Enforce all loitering and
recklessness actions to the
full extent of the law in
Carl's Jr. parking area.
5) Enforce all nuisance,
occupancy and disturbing the
peace laws.
6) Have Cagney enforce all their
lease requirements and comply
with all City and State
ordinances.
The City Manager reported that the attorney
representing the property owner of the
shopping center is aware of the current
problem and has been in discussion with the
City's Police Department, and that the
petition just submitted will be referred to
appropriate staff for report back.
Motion was made to refer the subject letter
from Steve Stafford to the Police
Department for response.
Volume 44 - Page 295
COUNCIL
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Motion
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MK!
CITY OF NEWPORT BEACH
MINUTES
August 27, 1990
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 90 -36, being, Ord 90 -36
Bus Lic Tx
AN ORDINANCE OF THE CITY COUNCIL OF Chrtbl Org
THE CITY OF NEWPORT BEACH AMENDING (27)
TITLE 5 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO BUSINESS
LICENSE TAX EXEMPTION FOR CHARITABLE
AND NONPROFIT ORGANIZATIONS.
Recycled report from the City Attorney
dated August 13, 1990.
Motion was made to adopt Ordinance No.
90 -36.
2. Proposed ORDINANCE NO. 90 -37, being, Ord 90 -37
Refuse Bns
AN ORDINANCE OF THE CITY COUNCIL OF (44)
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 12.63 PERTAINING TO
COMMERCIAL WASTE HAULERS AND REFUSE
BINS.
Recycled report from General Services
Director dated August 13, 1990.
It was noted that the subject ordinance
would 1) prevent issuance of any new waste
hauling permits or licenses beyond the 15
haulers presently designated, and 2)
provides a City- approved program of
recycling for each of their City accounts
before a 1991 City permit or license is
issued on or after December 31, 1990.
Council 'Member Hart stated she was in
support of the ordinance; however, she does
not want to limit the number of waste
haulers to only 15.
John Agamalian, 5600 Alhambra, Los Angeles,
President, A- Trojan Disposal, addressed the
Council and commended the staff on the
preparation of the proposed ordinance. He
referenced Section 12.63.050- Administration
- which empowers the City Manager to adopt
regulations governing the administration of
the subject Chapter and the activities of
the permittees, and stated as long as those
regulations remain "reasonable," he will
support the ordinance.
Following consideration, motion was made to
adopt Ordinance No. 90 -37, but to not limit
the number of waste haulers allowed to
operate in the City.
Volume 44 - Page 296
CITY OF NEWPORT BEACH
C
MINUTES
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ROLL CALL
3. Proposed ORDINANCE NO. 90 -38, being,
AN ORDINANCE OF THE CITY COUNCIL OF
•
THE: CITY OF NEWPORT BEACH AMENDING
CHAPTER 12.44.020 OF THE NEWPORT
BEACH MUNICIPAL CODE ADDING PARKING
METER ZONE EIGHT (PACIFIC COAST
HIGHWAY BETWEEN 60TH AND HIGHLAND
STREETS).
Recycled report from Public Works /Traffic
Engineering Division dated August 10, 1990.
The City Manager summarized the staff
report, in part, as follows:
"The current improvement project on
West Coast Highway has resulted in a
request from the majority of business
owners that parking meters be
installed to regulate said parking.
City Council Policy N -2 provides that
support of 50% of the businessmen in
an area will cause the Council to
consider such a request. There are
seventeen (17) business owners on the
northerly side of Coast Highway from
60th Street to Highland Street.
Sixteen (16) of the owners responded
•
to a survey and ten (10) of those
favored the installation of meters.
"It is recommended that Parking Meter
Zone Eight be-established to provide
maximum control to ensure turnover
parking. The meters would be in
operation from 8:00 a.m. to 6:00
p.m., every day, at the rate of 25
cents per hour."
Tom B. Miller, Property House Realtors,
6308 W. Coast Highway, addressed the
Council in opposition to the proposed
ordinance, and also submitted letters
opposed to the installation of parking
meters from the following businesses:
Frog House
Holiday Inn
Pine Knot Hotel
The Outpost
South Coast Army & Navy
Banzai Futons
Alley Restaurant
Spaghetti Bender
Cafe
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Sea S
Sea Ski Sports
Balboa Animal Hospital
Flamingo Trailer Park
Newport Shores Laundry
Volume 44 - Page 297
Zn 8
(85)
90 -38
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Motion
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CITY OF NEWPORT BEACH
MINUTES
August 27, 1990
In view of the foregoing petition, motion
was made to refer Ordinance No. 90 -38 back
to staff for review and report.
I. CONTINUED BUSINESS:
1. Report from Tidelands Affairs Committee
regarding HARBOR PERMIT APPLICATION NO.
174 -105 BY RON COLLINS.
The City Manager summarized the subject
report noting the following:
"The applicant proposes a revision to
his existing single finger float
which could allow a vessel berthed
there to extend into the navigational
channel 34 feet. The existing float
now extends 65 feet beyond the
Pierhead Line and 35 feet beyond the
Project Line. These two lines
typically are the bayward most
location permitted for floats. In
this location there is an ongoing
navigational problem due to the curve
in the bulkhead and the positions of
the existing slips. The channel also
narrows here to allow passage under
the Lido Island Bridge.
"The Marine Department staff and the
Orange County Sheriffs Harbor Patrol
recognize the potential for
navigational problems here and their
recommendation is that the 15 foot
limit be a condition to approval of
the revision. For the foregoing
reasons, the Tidelands Affairs
Committee recommends approval of the
revision with the limiting
condition."
Pete Swift, Contractor for the applicant,
addressed the Council, stating he did not
feel Mr. Collins should be limited to the
15 foot condition as recommended by the
Tidelands Affairs Committee, inasmuch as
the applicant is legally allowed to dock a
175 foot boat at his pier, and suggested,
as an alternative, that the maximum any
vessel can extend beyond the float be 25
feet, rather than 15 feet.
Ron Collins, applicant, addressed the
Council in support of his request, stating
he did not feel he should be penalized for
improving his dock and be limited to only
Volume 44 - Page 298
Harbor
Perm Apl
174 -105
Ron Collins
(51)
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CITY OF NEWPORT BEACH
\2�� 9ytn�9��G" August 27, 1990
Motion
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Motion
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MINUTES
Volume 44 - Page 299
extending 15 feet beyond his float. He
Harbor
also added that he does not intend to ever
Permit Apl/
own a boat that would extend beyond the 15
Collins
feet, but does not want to be restricted to
this condition in the event he sells his
home in the future.
Tony Melum, Tidelands Administrator,
addressed. the Council and referenced a map
on display depicting the pier and area in
question. He explained that due to the
configuration of the bulkhead (curved),
there are potential navigational problems,
and therefore, it is recommended by the
County Harbor Department that the 15 foot
limit be a condition of approval. He also
explained the difference bhetween a
pierhead line and a project line.
Mr. Collins emphasized again that he is
attempting to not only improve his dock,
but make it safer; felt he should be
allowed to extend 25 feet, rather than only
15 feet, and stated that if it was proven
to be a nagigational hazard, then the City
could revoke his harbor permit.
x
Council Member Hart, member of the
Tidelands Affairs Committee, commented that
the subject slip is not to be used for
commercial charter docking, and she felt
the City was very generous with the
waterway in this location by allowing the
applicant to extend 15 feet beyond his
float; and therefore, moved to approve
application to revise residential pier and
float bayward of 105 Via Lido Soud,
pursuant to Section 5.B of the Harbor
Permit Policies; subject to the Condition
that the maximum any vessel can extend
beyond the float is 15 feet.
J. CURRENT BUSINESS:
1. Report from Public Works - Traffic
Parking/
Engineering regarding proposed PARKING TIME
Trfc /CdM
LIMITS on Coast Highway in Corona del Mar.
(85)
Motion WFS made toauthorize the
installation of thirty (30) minute parking
limits at various locations on Coast
Highway in Corona del Mar; with direction
to staff to work with the Corona del Mar
Chamber of Commerce, as well as the Corona
del Mar Community Association to identify
appropriate locations for short term
parking.
Volume 44 - Page 299
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CITY OF NEWPORT BEACH
MINUTES
August 27, 1990
Meeting adjourned at 9:35 p.m.
x x x x x x x x x x x x x
The agenda for this meeting was posted on
August 23, 1990, at 8:15 a.m., on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
ATTEST:
City -Clerk
Volume 44 - Page 300