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HomeMy WebLinkAbout11/13/1990 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL�� G.p Present I x I x x x x x x Motion Ayes Motion All Ayes E Motion All Ayes 0 x x X MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.N. DATE: November 13, 1990 IA. ROLL CALL. B. Reading of Minutes of Meeting of October 22, 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 continued public hearing and City Council review of VARIANCE NO. 1165, a request of DAN HANGSLEBEN to permit the construction of a single family dwelling which exceeds the 24 foot basic height limit in the 24/28 Foot Height Limitation. District. The proposal includes a request to permit the new construction to exceed the height of top of curb on Ocean Boulevard to the extent that the existing garage and fence currently extend above top of curb (varies between 4 feet 6 inches and 8 feet 6 inches). The proposal also includes a modification to the Zoning Code so as to allow the proposed structure to encroach 10 feet into the required 10 foot front yard setback. Property located at 3725 OCEAN BOULEVARD, on the southwesterly side of Ocean Boulevard between Poinsettia Avenue and Poppy Avenue in Corona del Mar. Report from the Planning Department. The City Clerk advised that after the agenda was, printed, a letter was received from Shannon Gallagher, Attorney for the Smallwoods, owner of the subject property, requesting this public hearing be continued to January, 28, 1991, for the reasons set forth in his letter. Notion was made to table this matter, with the condition that the applicant be required to pay re- notification costs when and if the subject public hearing is re- scheduled. 2. Mayor Plummer opened the public hearing and City Council review of VARIANCE NO. 1172, a request of WILLIAM E. MALCOMB to permit the construction of a single family dwelling and 2 car garage, on property located in the R -1 District. Said variance includes a request to exceed the allowable gross structural area, and a request to waive all of the required open space. The Volume 44 - Page 370 1165 (91) Variance 1172 (91) 0 Motion Ayes Noes • CITY OF NEWPORT BEACH MEMBERS xI 3C IX Ix Ix IX I.X MINUTES November 13, 1990 proposal also includes a modification to the Zoning Code so as to allow the structure to encroach 5 feet into the required 8 foot front yard setback, and 7 feet into the required 10 foot rear yard setback. The proposal also includes a request to allow a proposed chimney to encroach 18 inches into the required 3 foot side yard setback adjacent to East Balboa Boulevard where the Zoning Code allows only a 12 inch encroachment. Property located at 501 "J" STREET, on the northwesterly corner of "J" Street and East Balboa Boulevard, on Peninsula Point. Report from the Planning Department. The City Manager, in summarizing the staff report, pointed out that the request is to demolish an existing structure and to construct a two -story structure exceeding the floor area ratio, and encroaching into the front and side yard setbacks. He also referenced map showing floor area to land area ratios, and stated that even though the subject proposal does exceed the 2 x buildable, it is still less in floor area ratio than surrounding structures in the immediate area, and is the reason the Planning Commission recommended its approval. William Malcomb, Architect for the applicant, addressed the Council and stated the proposed structure was difficult to design because of the problem of access and the small size of the lot. He displayed a model of the building and explained the reasons for the requested variance. He also showed a photograph of the current street view of the existing property. Hearing no others wishing to address the Council, the public hearing was closed. Notion was made to sustain the decision of the Planning Commission, based on the Findings and Conditions of Approval designated as Exhibit "A." 3. Mayor Plummer opened the public hearing regarding PROPOSED ORDINANCE NO. 90 -40, being, Volume 44 - Page 371 1172 Ord 90 -40 Zoning/ Social Clbs (94) Motion All Ayes is is x CITY OF NEWPORT BEACH MINUTES -%P\ November 13, 1990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.60.030 OF THE NEWPORT BEACH MUNICIPAL CODE $O AS TO PERMIT SOCIAL CLUBS IN THE SPECIALTY RETAIL (SR) DISTRICT OF THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN (SP -•6) DISTRICT SUBJECT TO THE SECURING OF A USE PERMIT IN EACH CASE. (Planning Commission Amendment No. 714) Report from the Planning Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt ORDINANCE NO. 90- 40, amending Title 20.63.030 of the Newport Beach Municipal Code so as to permit social clubs in the Specialty Retail (SR) District of the Cannery Village /McFadden Square Specific Plan (SP -6) District subject to the securing of a use permit in each case. 4. Mayor Plummer opened the public hearing regarding PROPOSED ORDINANCE NO. 90 -41, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20, SECTIONS 20.33.010, 20.33.015, 20.33.020, 20.33.025, 20.33.030, 20.33.035, 20.33.040, 20.33.050, 20.33.055, AND 20.33.065) AND ADDING SECTIONS 20.33.045, 20.33.060, AND 20.33.070 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH THE RETAIL AND SERVICE COMMERCIAL (RSC), RECREATIONAL AND MARINE COMMERCIAL (RMC), AND ADMINISTRATIVE, PROFESSIONAL, AND FINANCE COMMERCIAL (APF) DISTRICTS. (Planning Commission Amendment No. 716) Report from the Planning Department. Hearing no one wishing to address the Council, the public hearing was closed. Council Member Watt indicated a parking study should be made to determine the number of required parking spaces for employee personnel at motels, bed and breakfasts inns, etc., but the Council took no official action at this time. Volume 44 - Page 372 PCA 714 Ord 90 -41 Zoning/ Districts (94) PCA 716 COUNCIL MEMBERS q\ \LL �� OLL Motion I x All Ayes • is • CITY OF NEWPORT BEACH MINUTES November 13, 1990 Motion was made t0 adopt ORDINANCE NO. 90 -41, amending Title 20 of the Newport Beach Municipal Code so as to establish the Retail and Service Commercial (RSC), Recreational and Marine Commercial (RMC), and Administrative, Professional, and Finance Commercial (APF) Districts. S. Mayor Plummer opened the public hearing regarding PLANNING COMMISSION AMENDMENT NO. 715, a request by REGIS CONTRACTORS, INC. to amend the Villa Point Apartments Planned Community Development Standards so as to allow the construction of an architectural tower within Area 2 of the Planned Community. Property located at 1100 EAST COAST HIGHWAY, on the northeasterly corner of East Coast Highway and Jamboree Road. Report from the Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from William Monroe, 1104 Dolphin Terrace, reiterating his objection to the proposed amendment. The City Manager noted that the proposed tower will be constructed as part of the pool /cabana area located in the northeasterly portion of Area 2. The tower will maintain a maximum footprint of 14 feet by 14 feet, it will include a maximum height of 45 feet, and the architectural style will be consistent with the established architecture of the Villa Point: Apartments development. The maximum ridge height of the apartment buildings is 32 feet; therefore, the proposed tower will be approximately 13 feet above the predominant building height of the project. David McMahon, representing Regis Contractors, Inc., addressed the Council and stated that the proposed bell tower is an internalized architectural element and will not be easily seen except from Back Bay Drive. He presented a letter from the Island - Lagoon Homeowners Association, withdrawing their previous objections to the proposed bell tower. Volume 44 - Page 373 CA 718/ illa Pt pts PCD 94) CITY OF NEWPORT BEACH F� L CALL u Motion x Motion x Ayes x x x x Noes x x • • MINUTES November 13, 1990 Council Member Watt expressed her concerns as to the proposed height of the tower, indicating she felt it could look like a local landmark if it were approved at the requested height of 45 feet. She also stated she would not like to see the height of the tower exceed the roof tops facing Pacific Coast Highway. Council Member Strauss indicated he felt the proposed tower should be reduced five feet in height and therefore, it would be less visible. Hearing no others wishing to address the Council, the pubic hearing was closed. Motion was made to approve the project as recommended by the Planning Commission., and adopt Resolution No. 90- 103, amending the Villa Point Apartments Planned Community Development Plan. Substitute! motion was made to reduce the height of the proposed bell tower to 40 x feet, and adopt Resolution No. 90 -103, amending the Villa Point Apartments Planned Community Development Plan, which motion carried. 6. Mayor Plummer opened the public hearing regarding UNDERGROUNDING UTILITIES ALONG WEST BAY AVENUE (Assessment District No. 60). Report from the Public Works Department. Letters of protest from Fred and Sue Woodworth, Clyde V. Von Der Abe, and John P. Dorris and Suzanne Dorris Kalue. Petition of consent to undertake special assessment proceedings circulated by Barbara L. Barnard, and signed by Sandra Howard, William O. Hind, Paul Mohilef, Russell E. Fluter, and H. Stanley Bent, The City Clerk advised that after the agenda was printed, eight additional letters were received in support of the proposed assessment district from the following: Stephen N. Barnard, The Barnard Company James F. and Lula Belle Jenkins, 1236 W. Bay W. L. Palmer, Commodore, Newport Harbor Yacht Club Volume 44 - Page 374 (89 90 -103 gr Ut/ Dist 60/ CITY OF NEWPORT BEACH MINUTES G� �y ROLL CAL % GNS November 13, 1990 Barbara L. Barnard, 1100 W. Bay P. Michael Carney, M.D., Inc. William E. and Edna M. Blurock, • 1344 W. Bay Gerald W. and Bonnie R. McClellan, D.D.S., Inc. Wilbur V. and Gloria Mills, 1306 W. Bay The City Clerk further advised that two letters in opposition were received from Jean Belden, 1350 W. Bay Avenue, and Robert S. Butler, 911 W. Bay Avenue. The Public Works Director reported that the boundaries of the assessment district are from 8th Street to 15th Street, and that this proceeding was initiated as a result of a petition signed by owners of 68.298 in the area, requesting the assessment district be formed. Since the petitions were received, engineering has been completed and the electrical and telephone utilities have received bids from their contractors. The bids were quite favorable, and the proposed cost of the district is somewhat less than estimated one year ago. At that time, the estimated cost ranged from $265.00 per front foot to $300.00. The final figure, including credit from the City's contribution, is $190.00 per front foot for property abutting the bay and $55.00 per front foot for properties across Bay Avenue. At the time the petitions were received, the City was requested to participate in funding the undergrounding across the 10th Street public beach, in which the City agreed to do so at a cost of 508. The area directly across from the public beach was not included in the original petitions, but was included by the staff, as it was felt there was a specific viable view benefit associated with those properties. Additional petitioners have signed up since the first petitions were received, and as of this date, there are 71.158 property owners in favor of the assessment district, and 13.141; property owners in opposition. There is a total of 74 parcels in the district. The following persons addressed the Council in support of the proposed assessment • district: Volume 44 - Page 375 Undrgr Ut/ Asmt Dist No. 60 CITY OF NEWPORT BEACH COUNCIL MEMBERS N 0 N C0 O,� In N November 13, 19'90 r� u Motion All Ayes • Motion All Ayes • x X Todd Ridgeway, 1400 W. Bay Jack Jakosky, 1041 W. Bay Marie O'Hora, 941 W. Bay Steve Barnard, 1100 W. Bay William Hind, 1404 W. Bay Barbara Barnard, 1100 W. Bay Robert Butler, 911 W. Bay, appeared in opposition and cited his reasons as enumerated in his letters dated July 26 and November 13, 1990. Hearing no others wishing to address the Council, the public hearing was closed. Notion was made to adopt the following: MINUTES Resolution No. 90 -105 overruling Res 90 -105 and denying protests and making certain findings regarding the benefit and distribution of the assessment; Resolution No. 90 -106 approving I Res 90 -106 contracts for ownership of the improvements; Resolution No. 90 -107 confirming I Res 90 -107 assessments, ordering the improvements made, and approving the Engineer's Report. E. PUBLIC COMMENTS: William Dyke, 2000 Deborah Lane, addressed the Council regarding unsightly properties within the City and the need to implement a beautification program. Council Member Turner advised Mr. Dyke that his suggestion was briefly discussed at the study session meeting this afternoon, and it has been referred to the Environmental Quality Affairs Advisory Committee for report back. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on November 26, 1990: (a) Proposed ORDINANCE NO. 90 -42, 10rd 90 -42 being, eh /Trfc (85) Volume 44 - Page 376 COUNCIL MEMBERS \LL\ L C u C7 • CITY OF NEWPORT BEACH n` \O� November 13, 1990 2 MINUTES 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. (Report from Public Works /Traffic Engineering) RESOLUTION'S FOR ADOPTION: (a) Resolution No. 90 -108 superseding SJ.Hls Resolution No. 88 -89 and Trnsp Crdr/ expressing the City's comments on EIR /EIS the SAN JOAQUIN HILLS Res 90 -108 TRANSPORTATION CORRIDOR EIR /EIS 1 (74) [Environmental Impact Report/ Environmental Impact Statement]. (Report from the Public Works Department) (b) Resolution No. 90 -109 making Undrgr Ut/ findings on petitions for Asmt Dist UNDERGROUNDING UTILITIES ALONG No. 62 HAZEL DRIVE SOUTHERLY FROM COAST Res 90 -109 HIGHWAY TO POPPY AVENUE [proposed (89) ASSESSMENT DISTRICT NO. 621. (Report from the Public Works Department) (c) Resolution No. 90 -110 making Undrgr Ut/ appointments in proposed Asmt Dist ASSESSMENT DISTRICT NO. 62. No. 62 (Refer to report w /F -2(b)) Res 90 -110 (89) (d) Resolution No. 90 -111 adopting Undrgr Ut/ proposed boundary map showing the Asmt Dist boundaries of proposed ASSESSMENT No. 62 DISTRICT NO. 62. (Refer to report Res 90 -111 w /F -2(b)) (e) Resolution No. 90 -112 of Intention Undrgr Ut/ covering preliminary determination Asmt Dist to order the construction of No. 62 certain improvements in proposed Res 90 -112 ASSESSMENT DISTRICT NO. 62; (89) ordering the preparation of a report describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds. (Refer to report w /F -2(b)) (f) Resolution No. 90 -113 passing on Undrgr Ut/ the Engineer's Report, giving Asmt Dist preliminary approval, and setting No. 62 a public hearing for 7:00 P.M. on Res 90 -113 January 14, 1991, for proposed (89) ASSESSMENT DISTRICT NO. 62. (Refer to report w /F -2(b)) Volume 44 - Page 377 COUNCIL MEMBERS \ A \ ispp • 0 i CITY OF NEWPORT BEACH MINUTES November 13, 19'.:0 (g) Resolution No. 90 -114 approving PD /Records destruction of certain POLICE Res 90 -114 DEPARTMENT RECORDS. (Memorandum (70) from Chief of Police) (h) Resolution No. 90 -115 requiring Veh /Trfc vehicles on VISTA DEL ORO TO STOP Stp Vista AT THE INTERSECTION WITH MAR del Oro VISTA. (Report from Public Res 90 -115 Works /Traffic Engineering) (85) (i) Resolution No. 90 -116 declaring Buck Gully/ that: weeds and brush exist upon Morng Cnyn property in BUCK GULLY AND MORNING Weed Abtm CANYON; declaring that the weeds Res 90 -116 and brush are public nuisances (41) that must be abated and SETTING THE TIME, DATE AND PLACE OF THE PUBLIC HEARING at which the City Council will consider protests from persona objecting to abatement by the City. (j) Resolution No. 90 -117 supporting Schools /Drg the establishment of Drug Free Free Zns Zones near schools. (Report from Res 90 -117 Deputy City Manager) (78) (k) Resolution No. 90 -104 implementing League CA Congestion Management Program. Cities/ (Letter from League of California Cngstn Mgm Cities) Res 90 -104 (61) 3. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute an agreement with Tom Van Sant to provide artistic services for ROCKY POINT RETAINING WALL AESTHETIC DESIGN CONTRACT. (Report from the Public Works Department) Rocky Pt Rtng Wl Dsgn C -2840 (38) (b) Authorize the Mayor and City Clerk SJ Resrvr to execute a Second Amendatory Tr Agm Agreement to the SAN JOAQUIN C -2193 RESERVOIR TRUST AGREEMENT (38) (CONTRACT NO. 2193), providing for transfer of majority ownership to the Metropolitan Water District. (Report from the Utilities Director) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works Department for LCP Amnd inclusion in the records, letters 23 /Ocean- from R. S. and Jacqueline C. frnt Encrh Hughes, and Virginia C. Allen (68) concerning LCP AMENDMENT NO. 23 (OCEANFRONT ENCROACHMENTS). Volume 44 - Page 378 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G�Z y� to 9GiP ROLL CALL November 13, 1990 IP (b) To Traffic Affairs Committee for TAC investigation and report back, (85) request from Corona del Mar Residents Association regarding • ELIMINATING THE "U" TURN ON EASTBOUND PACIFIC COAST HIGHWAY AT SEAWARD ROAD. (c) To Library Department for Libr inclusion in the records, letter (50) from Linda K. Pyle for a full -time Library Program Coordinator; and requests from Betty J. Orbach, Holly Timmons, Jeanne Pitman, and John T. Keating in support of the Library Literacy Services, all to be considered in the 1991 -92 LIBRARY BUDGET. Note_ After the agenda was printed the following additional letters were received in support of the Library Literacy Services from Kathy C. Rosenthal, John C. Murphy and Harold Ladin. (d) Removed from the Consent Calendar. (Refer to item G.2 for action) (e) To Parks, Beaches and Recreation PB&P • for response, letter from Gunter (62) C. Mayer requesting that the City withdraw the permits for not only 4105 Seashore Drive, but for all mid-block VOLLYBALL COURTS. (f) Removed from the Consent Calendar. (Refer to item G.1 for action) S. 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) Karyn Arellano and Joseph A. Cavon krel alleging personal injuries and avc property damage as a result of accident on Pacific Coast Highway between Brookhurst and Orange on the bridge over the Santa Ana • River on May 16, 1990. Volume 44 - Page 379 CITY OF NEWPORT BEACH COUNCIL MEMBERS G 9 N y tp o0 �tiF9��s f S November 13, 19500 ROLL CALL • 0 • MINUTES (b) Dale Elsberry alleging personal Elsberry injuries as a result of fall over cement cover engraved "Street Lgt High Voltage," at 23rd Street and Newport Boulevard on September 17, 1990. (c) Mrs,. John Garten alleging her son's Garton clothing was damaged due to newly stained play equipment at Bayside Drive and Jasmine Street park on October 15, 1990. (d) City of La Palma seeking indemnity City of from claims filed by Andrew Shirkey, La Palma Shirlea Griswold and Sylvia Savala for damages regarding motor vehicle accident on November 7, 1987, allegedly resulting from high speed police pursuit. (e) Vincent S. Lockyer alleging his Lockyer parked vehicle was hit by City truck on October 24, 1990 at Superior Avenue City Yard, causing tire and fender damage. (f) Pierre R. Mason alleging he was Mason arrested for driving under the influence on April 28, 1990; however, when placed in Newport Beach City jail cell his blood pressure raised due to absence of his medication causing risk and harm to his health. (g) Tracey A. Melugin alleging personal I Melugin injuries as a result of being hit by Newport Beach Police Department canine on September 29, 1990. (h) Lawrence Robert Nye, Jr., alleging Nye, Jr. personal injuries as a result of trip and fall into street due to unsafe condition at 717 W. Bay Avenue on September 11, 1990. (i) Isaac Richman alleging damage to I Richman vehicle as a result of protruding shrubbery outside 313 Poppy Avenue on October 15, 1990. (j) Waterfront Enterprises, Inc., seeking .Waterfront indemnity from claim filed by Juan Enterpr Restrepo for negligence, etc., which occurred on or about May 8, 1988. Volume 44 - Page 380 • C CITY OF NEWPORT BEACH MINUTES \-0�r " M, \ A GEC, X November 13, 1990 For rejection: (k) Late: claim of Daniel De Haven for damages as a result of arrest on January 18, 1988, at Atrium Court, Fashion Island. (Report from City Attorney for Council only) 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Leo Jacobsen, Ted M. Jacobsen, Richard Jacobsen, Craig Jacobsen and Irene Huebner, Orange County Superior Court, Case No. 638744. Claim was denied by City Council on July 23, 1990. (b) , Jeffrey Wayne Steiler for personal injuries, etc., Orange County Superior Court, Case No. 639092. Claim was denied by City Council on June 11, 1990. (c) Thomas Wise, Orange County Superior Court, Case No. 637960. Claim was denied by City Council on September 24, 1990. (d) Ronald Zink for damages, etc., Orange County Superior Court, Case No. 638752. Claim was denied by City Council on August 13, 1990, S. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Police Officer, Police Department. (b) One Police Records Specialist, Police Department. (c) One Sr. Library Clerk, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Response from City Engineer to Ms. Theresa N. Bouvier and Mr. Nguyen Abram denying their ENCROACHMENT PERMIT APPLICATION to construct a 6' high fence and gate four feet into the public right -of -way of EL MODENA STREET. Volume 44 - Page 381 De Haven (36) obsen, al/ Steiler Wise Zink (66) PW /Encrchm (65) COUNCIL MEMBERS \LL • • CITY OF NEWPORT BEACH n� Cdl MINUTES November 13, 1990 (b) Memorandum from Board of Library Library Trustees requesting the City Council (50) accept $1000 GIFT FROM FRIENDS OF THE NEWPORT BEACH PUBLIC LIBRARY IN SUPPORT OF SPECIAL ADULT PROGRAMMING SERIES FOR FY 1990/91; and appropriate the funds to account 117010000. For information and filing: (c) Report from the Planning Department Planning regarding status of BASKETBALL COURT (68) at 424 Old Newport Boulevard. (Report from the Planning Department) 10. PUBLIC HEARING SCHEDULING: November :26, 1990 - (a) Public hearing regarding COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS, a request by LAWRENCE M. CAMPEAU AND JAMES G. WHITE, JR. to consider the granting of $50,000 in CDBG funds, $2,500 of 1989 -90 unused Social Service Funding; $38,901 of 1989 -90 funds previously allocated to New Housing Construction; $1,000 of 1990- 91 funds previously allocated to New Housing Construction; and $7,599 of 1990 -91 funds previously allocated to Administration; to assist with the development of a 14 unit apartment for low income persons and families and a finding of no significant effect on the environment; AND Public hearing regarding SITE PLAN REVIEW NO. 60, a request to approve a site plan review for the purpose of permitting a residential density bonus of 6 units within an affordable housing development containing a total of 14 units on property located in the MFR (2178) District. In accordance with Section 65915 of the California Government Code, the applicant is also requesting an adjustment to the off - street parking requirement and the Volume 44 - Page 382 CDBG Funds/ Site Plan Revw 60 (87) OUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES November 13, 1990 minimum dwelling unit size as incentives for the development of affordable housing. The proposal also includes a modification to the Zoning Code so as to allow the construction of open carports on the front one -half of the lot, where the Zoning Code restricts open carports to the rear one -half of the site; and the acceptance of an environmental document. Property located at 1530 PLACENTIA AVENUE, on the easterly side of Placentia Avenue, between 15th Street and Production Place, in Northwest Newport. (Report from the Planning Department) December 3.0, 1990 - (b) IMPROVEMENT OF OCEAN FRONT STREET ENDS OF ORANGE STREET AND PROSPECT STREET - Schedule a public hearing for 7:00 p.m. on December 10, 1990, on the "NOTICE OF COST" for the improvement of the ocean front street ends of orange and Prospect Streets. (Report from the Public Works Department) 11. FINAL MAP OF TRACT NO. 14055 - A request of REGIS CONTRACTORS, INC. to subdivide two existing parcels containing 8.953- acres of land, into a single lot for a 90 unit residential condominium development. Property .located at 1100 EAST COAST HIGHWAY, on the northeasterly corner of East Coast Highway and Jamboree Road, in the Villa Point Apartments Planned Community. (Report from the Planning Department) 12. ACCEPTANCE: OF CONSTRUCTION OF THE TRAFFIC SIGNAL INTERCONNECT ON JAMBOREE ROAD FROM BAYVIEW WAY TO BIRCH STREET (CONTRACT NO. 2817) - Accept the work; and authorize the City Clerk to file a Notice of Completion, and release the bonds 35 days after the Notice of Completion has been recorded in accordance! with applicable portions of the Civil Code. (Report from Public Works Department) 13. TRACT NO. 12105 - Approve an extension agreement guaranteeing the completion of improvements along the MacArthur Boulevard frontage adjacent to the Volume 44 - Page 383 can Frnt Ends/ ange & ospect 2730 8) 4055 Sgnl - Birch C -2817 (38) 12105 Wy C • • CITY OF NEWPORT BEACH MINUTES November 13, 1990 residual parcel, Lot 2 of Tract No. 12105, located at the southwesterly corner of MacArthur Boulevard and Ford Road, in the Big Canyon Planned Community; and authorize the Mayor and the City Clerk to execute the agreement. (Report from the Public Works Department,) 14. REQUEST FROM THE UNIVERSITY ATHLETIC CLUB pW /P TO WAIVE FAIRSHARE FEES - Uphold staff's Pees recommendation that the Fairshare Fees not (74) be waived. (Report from the Public works Department.) 15. RESUBDIVISION NO. 854 - Approve a Resub 854 Subdivision Agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 854, located at 501 West Bay Avenue, on the northwesterly corner of West Bay Avenue and Island Avenue, on the Balboa Peninsula; and authorize the Mayor and the City Clerk to execute the agreement. (Report from the Public Works Department) 16. ACCEPTANCE: OF CONSTRUCTION OF 58TH STREET 58th St RESTROOM (CONTRACT NO. 2714) - Accept the Restrm work; and authorize the City Clerk to file Cnstr a Notice of Completion and release the -2714 bonds 35 days after the Notice of (38) Completion has been recorded in accordance with applicable portions of the Civil Code. (Report from the Public Works Department) 17. IMPROVE GRANT HOWALD PARR AND REPLACE rant How - RESTROOM AT EASTBLUFF PARR (CONTRACT NO. ald Prk/ 2776) - Approve the plans and 1plc Rstrm specifications; and authorize the City Eastblf Prk Clerk to advertise for bids to be opened at -2776 11:00 A.M. on January 3, 1991. (Report (38) from the Public Works Department) iis. HARBOR PERMIT APPLICATION NO. 105 -2215 - Harbor Perm Uphold ataff's recommendation to approve pli#105- the application of John Furnish to revise 2215 the residential float bayward of 2215 (51) Bayside Drive, subject to conditions listed in the staff report. (Report from Marine Department) Volume 44 - Page 384 COUNCIL MEI ROLL CALL� Z � • • • CITY OF NEWPORT BEACH MINUTES November 13, 1990 19. BUDGET AMENDMENTS - For approval: BA -021 - $750 Increase in Budget Appropriations and Revenue Estimates, donation from B.P.O. Elks Lodge No. 1767 for the Parke, Beaches and Recreation Snow Day; Parks and Recreation Fund. (Memorandum from Parks, Beaches and Recreation Director) BA -022 - $850 Transfer in Budget Appropriations for purchase of facsimile machine; City Council Fund. BA -023 - $1000 Increase in Budget Appropriations and Revenue Estimates for donation towards Special Adult Programming Series from Friends of the Newport Beach Public Library; Library Fund. (Refer to memo w /F -9(b)) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Eastbluff Homeowners Community Association and letter from Parks, Beaches and Recreation Director regarding noise at Marian Bergeson Aquatic Center. Tracy Wolonsky, President of Eastbluff Homeowners Community Association, addressed the Council and stated that the usage of the aquatic center for water polo and other noise - intensive activities has created a general nuisance for many of the residents in the area. Petitions have been submitted requesting the City and School District to take steps to prevent the noise pollution. They would also like to request that structural modifications be made to the aquatic center to ensure that any noise is contained and attenuated. Mrs. Wolonsky further requested that an in -depth noise study be conducted at a time when polo events are held at the Center. Larry Roberts, 2245 Aralia Avenue, Eastbluff, circulator of the subject petitions, addressed the Council and stated that his home is approximately 100 yards from the aquatic center pool. He stated that the constant noise from the whistles used during the polo events Volume.44 - Page 385 (40) (62) PB &R (62) COUNCIL MEI 2 ROLL CALL\ on Ayes on Ayes Ix X CITY OF NEWPORT BEACH MINUTES November 13, 1990 is very repetitive, disturbing, and adversely affects the value of his home and others in the area. He concurs with the request for a formal noise study, and would also like a moratorium placed on water polo events until the study is completed and the problem resolved. Council Member Turner advised that City staff has contacted the School District concerning this problem, and as a result, the District is experimenting with different methods of addressing the matter and will keep the City apprised of their findings. He stated he could not support a moratorium at this point. The City Manager also reported that the School District has already contacted a sound attenuating contractor who will be monitoring the sound at the next series of water polo events, and who will be providing the District with a number of options to attenuate the sound. When this study is completed, a report will be given to the City Council as well as the Eastbluff Homeowners Community Association. There being no further comments, motion was made to refer the subject letter to the staff for report back. 2. Request with supporting documents from Architect Brad C. Smith and Bill Guidero for the West Newport Heights Homeowners for creation of PUBLIC PARR BY WAY OF ROAD CLOSURE AT BOLSA AVENUE. Brad Smith, Architect, addressed the Council in support of the request for creation of a public park. He stated that the West Newport area bounded by 15th, Old Newport Boulevard, Orange and Westminster Streets, has no park space available to it, and therefore, they are looking forward to the alternative method of park development by the closure and conversion of a portion of Boles Avenue. Mr. Smith advised that their request was heard by the Parks, Beaches & Recreation Commission on November 6, 1990. Inasmuch as the City Council has not yet received a report from the Parks, Beaches & Recreation Commission concerning, this matter, motion was made to refer the subject letter to said Commission. for report back. Volume 44 - Page 386 X", CITY OF NEWPORT BEACH MINUTES poi. \� Gs y F � November 13, 1990 H. ORDINANCES FOR ADOPTION: None I. CONTINUED BUSINESS: None J. CURRENT BUSINESS: I. Report from the Public Works Department permit/ regarding ENCROACHMENT PERMIT TO DO WORK IN Grasso THE WEST JETTY PARK ADJACENT TO 2296 Encrchm CHANNEL ROAD. (65) The City Clerk advised that after the agenda was printed, two letters were received in support of Mr. Grasso's request from Dayna Pettit of Balboa Peninsula Point, and Richard G. Mitchell, 2172 E. ocean Front. In addition, one letter was received in opposition from Marjorie D. Ryffel, 2294 Channel Road. The Public: Works Director summarized his report and stated it is staff's recommendation that the City Council: 1.(a) Authorize an Encroachment • Permit to remove and replace concrete sidewalk area and park bench; and provide additional landscaping as submitted by applicant and shown on Exhibit A; OR (b) Authorize minimal concrete removal and replacement and providing additional landscaping as recommended by Public Works staff and shown on Exhibit B; OR (c) Deny the request to modify the sidewalk, landscaping and bench in the West Jetty Park; AND • Volume 44 - Page 387 CITY OF NEWPORT BEACH MINUTES G�2 Cif �� Gss ROLL CALL November 13, 1990 2. Reaffirm the condition for property exchange that required the placement of a four foot wide sidewalk 2 to 3 • Volume 44 - Page 388 feet from the new property • line to encourage public use and delineate the public right -of -way in front of the Grasso residence. The Public Works Director explained the two plans under consideration designated as Plan "A" (Grasso's plan), and Plan "B" (Public Works' plan). He stated there is an existing sidewalk extending from Channel Road into the bulkhead with the remaining area landscaped. The proposal by Mr. Grasso is in two parts as follows: He proposes to remove portions of an existing sidewalk that is approximately 3 to 5 feet from his property line, relocate a park bench and remove the concrete area next to the bulkhead. He would install additional landscaping in a 5 foot wide strip next to his fence. A connection to the bay front sidewalk would be provided by constructing a new sidewalk across the turf area, The applicant submitted this plan to the Parks, Beaches and Recreation Commission on October 2, 1990, and it was approved. • Plan "B" proposed by the Public Works Department would minimize the concrete removal, provide some additional landscaping near the bay for improved security to Mr. Grasso, and relocate the park bench. near the bulkhead. It is felt that Plan "B" will preserve the integrity of the bulkhead protection system and minimize the disturbance in the park area. If Plan "A" or "B" is approved, the Public Works Director stated it is recommended the following five conditions be required: 1. Concrete work is to be done by a licensed contractor in accordance with Standard City Plans and Specifications. 2. Landscaping in the planter area shall not be higher than 36" to maintain a view from Channel Road to the • Volume 44 - Page 388 0 • • CITY OF NEWPORT BEACH OUNCIL MEMBERS C \9�9Z LL�� November 13, 1990 MINUTES bay. The bougainvillea on the fence shall be kept trimmed so that it is two feet or less from the fence. In the area within 10 feet of the bulkhead all plants shall be kept trimmed to a height of 361' or below to preserve the view from the park westerly up the bay. 3. Turf damaged during the removal and construction period shall be replaced with sod. The irrigation system shall be revised to provide proper coverage for the new areas. 4. The Parks, Beaches & Recreation Department shall approve the landscape plan and all plant material installed in the park area. 5. The applicant shall enter into a non - standard improvement agreement which provides for the applicant to maintain the landscaping in the planter area and holds the City harmless for any wave damage that might occur due to the removal of concrete behind the bulkhead and the removal of the coping for the old sheet pile bulkhead. It was also noted that on October 30, 1989, the city council approved a land exchange with the Grassoe that allowed a portion of the garage which was in the City right -of- way to remain in place. The City vacated the area around the garage in exchange for the Grassos dedicating an equal area to the City. The following condition to the exchange was placed by the City: "That a minimum of 4 -foot wide sidewalk be constructed 2 to 3 feet from the new property line to encourage public use and delineate the ;public right -of- way." Volume 44 - Page 389 COUNCIL MEMBERS \4L n� L C • is CITY OF NEWPORT BEACH MINUTES November 13, 1990 The Public Works Director stated that past Permit/ property owners have used the area in front Grasso of the Grassos' property as private Encrchm property. The 4 foot walkway would serve to delineate the area and allow public use. The Public Works Department has no objections to the walkway having the same pavement treatment as the rest of the property. The staff recommends that the above condition remain. Brion , Jeannette, Architect for the applicant, displayed and explained the plan he submitted to the Parks, Beaches & Recreation. Commission. The following persons addressed the Council in support of Plan "A" (Grasso's plan): Leland Cremly (no address given) Ed Clark, resident across the street from Grasso's property Don Hammono, 2169 E. Ocean Boulevard Glen Davis, 2173 E. Ocean Boulevard, stated he approved of either plan. Al Grasso, 2296 Channel Road, applicant, emphasized that his plan was approved unanimously by the Parks, Breaches & Recreation Commission on October 2, and he hopes the City Council concurs in that recommendation. He stated he felt that his plan would enhance the park more than Plan "B." He also advised that he had visited all view parks in the City, and showed photographs he had taken of the same, noting that most of the view parks had buffer zones, very little hardscape, and as much greenery as possible. Therefore, he felt this site should be designated as "West Jetty View Park." Mr. Grasso added that if Plan "B" is approved :rather than Plan "A," he is in agreement with the five conditions of approval :recommended by the Public Works Department:. He also submitted 13 letters in favor of his plan from residents in the immediate area. Volume 44 - Page 390 CITY OF NEWPORT BEACH COUNCIL MEMBERS 0'C �of 01 s Motion 0 Motion V Ayes x x Noes x x x Ayes Noes Motion All Ayes • X X X I x I x I x i x I x X X x x MINUTES November 13, 19910 Hearing nc other comments, motion was made Permit/ to approve: Plan "B" as recommended by the Grasso Public Works Department, subject to the Encrchm five conditions set forth in the staff report, plus an additional condition requiring that any alterations to the existing bulkhead coping be subject to the Public Works Department review and approval. Substitute: motion was made to approve Plan "A ", with the six conditions as referenced in the foregoing motion, which motion FAILED. The original motion was voted on and carried. Motion was, made to delete the condition for property exchange that required the placement of a four foot sidewalk 2 to 3 feet from the new property line, and in addition, that a Condition No. 7 be added requiring that the fence in the 10 foot bay side area not exceed 3 feet in height. Meeting adjourned at 9:40 p.m. to 2:00 p.m. November 26. 1990 for ELECTION OF MAYOR AND MAYOR PRO TEM, AND SEATING OF NEWLY ELECTED/RE- ELECTED COUNCIL MEMBERS. ak it ek ak Yt aY Ye Ye fe at +r ik Ye The agenda for this meeting was posted on November £t, 1990 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: RAI 0011- 1 MR Mayor PrieTem Volume 44 - Page 391