Loading...
HomeMy WebLinkAbout01/14/1991 - Regular MeetingCITY OF NEWPORT BEACH i ; Pmt I x I x I x I x I x I X1 x Motion Ayes Abstained Motion All Ayes 0 x x x x x x x x x REGULAR C01L1NCIL MEETING PLACE: Council chambers TIME: 7 :00 P.M. DATE: January 14, 1991 f.0 (1 Certificates of Appreciation were presented to members of the Bicycle Trails Committee in recognition of their program regarding the importance of helmets when riding bicycles. A. ROLL CALL. B. Reading of Minutes of Meeting of December 10, 1990, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing Underground concerning UNDERGROUNDING UTILITIES ALONG Utilities/ HAZEL DRIVE SOUTHERLY FROM COAST HIGHWAY TO Assessment - POPPY AVENUE (PROPOSED ASSESSMENT DISTRICT Dist.No. 62 No. 62). (89) Report from the Public Works Department. The City Clerk advised that after the agenda was printed, several letters, as well as petitions, were received in opposition to the proposed assessment district. in addition, five letters were received in support. The City Manager summarized the staff report, noting that on March 12, 1990, the City Council received petitions requesting that a special assessment district be formed to underground utilities along Hazel Drive southerly from Coast Highway to Poppy Avenue. The .petitions were signed by owners of over 608 of the area of assessable land included within the boundaries of the proposed district. Notice of the public hearing was given to all owners of property in the proposed district by mailing, posting, and advertising. In addition, a public information meeting was held at the Community Youth Center on Wednesday, December 12, 1990, at 7:00 p.m., at which time the project was discussed and questions answered. Volume 45 Page 1' COUNCIL MEMBERS ROLL CALL N CITY OF NEWPORT BEACH January 14, 1991 MINUTES Volume 45 - Page 2 . No. 62 It was indicated by staff that following public testimony, the letters received after the agenda was printed will be calculated to determine the percentage of protests. If a majority protest is received, the proceedings must be abandoned. For a protest of less than 508 of the area of assessable land in the district, the decision of whether or not to form the district is at the discretion of the City Council. Ken Perry, Project Engineer, outlined the boundaries included in the proposed assessment district as depicted on the map displayed, and answered questions of the City Council. The following persons addressed the Council in support of the proposed assessment', district: Chuck Sullivan, 300 Poppy Avenue Larry. Dodd, 254 Poppy Avenue Shirley Williams, 230 Poppy Avenue Richard Frank, representing Five Crowns properties Joe Norton, 242 Poppy Avenue Brian R. Bachman, 216 Poppy Avenue . John Whalen, 228 Hazel Drive Larry Dodd (speaker above) advised the Council that a fund has been established by property owners in the assessment district in the amount of $25,000 for hardship cases, and stated it would be a loan against the property to be paid back when said property is sold. The following persons addressed the Council in opposition to the proposed assessment district: Robert Cooper, 332 Hazel Drive Barbara Kowalski, 238 Poppy Avenue Hugh Crawford, 204 Hazel Drive Ken Brownsberger, 242 Hazel Drive Hearing no others wishing to address the Council, the public hearing was closed. As a result of the letters received in protest, and public testimony received, the . staff advised that there was 32.038 in opposition to the assessment district and 67.078 in support. At the request of Hugh Crawford ( speaker above), the public hearing was reopened. Volume 45 - Page 2 . No. 62 r. i �a a a• s 1� J • Motion X CITY OF NEWPORT BEACH MINUTES January 14, 1991 Dr. Crawford stated that a number of Assessment property owners had not responded to the Dist, No.62 City's letter of proposed assessment either for or against. Therefore, he suggested the public hearing be continued until a position is taken by every property owner in the district. In reply to the above comments, Dr. Crawford was advised that pursuant to State law, if no response is received it is considered to be in support of the project. MacKenzie Brown, Legal Counsel, advised that if this public hearing were continued, the utility costs for undergrounding could escalate. With regard to the sale of the bonds, he would recommend the City not go to bond until sometime in the Spring when the market may be more favorable. Charles Wilson, .representative of the Southern California Edison Company, stated that inasmuch as this project has not gone to bid as yet, they are not under any time constraints, and therefore, a delay at this time is not a problem. Chuck Sullivan, 300 Poppy Avenue, spoke again and indicated he did not see any gain by delaying these proceedings. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made by Council Member Cox to adopt the following Resolutions: (a) Resolution No. 91 -1 denying IRes 91 -1 protests and making findings; AM (b) Resolution Mo. 91 -2 approving Res 91 -2 contracts for ownership of the improvements; i•1'a. (c) Resolution Mo. 91 -3 confirming Res 91 -3 assessments, ordering improvements made, and approving the. engineer's report as modified by the City Council. Also included in the motion was the City Council's support to provide financial assistance to hardship cases over and above what is being proposed by the property owners in the district. Volume 45 - Page 3 Ayes Noes • Motion All Ayes • CITY OF NEWPORT BEACH r 'a ra•.. 6M,. 1 M� X I X I X I X I x I I x MINUTES January 14, 1991 Council Members Hedges and Watt indicated they will be opposing the motion due to their concern, in part, over the hardship cases and the percentage of property owners not in support of the project. The motion was voted on and carried. 2. Public hearing regarding VACATION AND Vac /Abandm ABANDONMENT OF A PORTION OF AN ALLEY Prtn Alley LOCATED BETWEEN WEST OCEAN FRONT AND BALBOA lBtw W. OFrnt BOULEVARD, EASTERLY OF 15TH STREET, LOCATED & Bal B1 /E. IN THE BALBOA PENINSULA AREA. 15th St Report from the Public Works Department. It was noted in the staff report that the water, gas and electrical facilities located within the alley will be relocated; the garage at 1416 Ocean Front will be reoriented and set back five (5) feet from the alley parallel to Ocean Front; and a parcel map processed prior to recordation of the resolution for abandonment. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution Res 91 -4 No. 91 -4 ordering the vacation and abandonment of a portion of an existing alley located between West Ocean Front and Balboa Boulevard, easterly of 15th Street as shown in the attached exhibit subject to completion of: (1) Relocation of the existing water, power, and gas utilities; (2) Reorientation and relocation of the garage at 1416 Ocean Front to provide for a five (5) foot setback from the alley parallel to Ocean Front; and direct the City Clerk to have the subject resolution recorded by the orange County Recorder concurrently with the recordation of a parcel map for 1420 West Ocean Front upon completion of the two items above. 3. Mayor Sansone opened the public hearing Vac /Abandm regarding VACATION AND ABANDONMENT OF A Prtn Lafay- PORTION OF LAFAYETTE AVENUE AT 26TH STREET ette Ave & AND A PORTION OF 26TH STREET WESTERLY OF 26th /Prtn LAFAYETTE AVENUE AND TO VACATE AND ABANDON 26th & Lafa, A 40, WIDE EASEMENT ( LAFAYETTE AVENUE ette /Esmt RIGHT -OF -WAY ABANDONED) FOR GAS LINES, (90) SANITARY SEWERS AND WATER LINES BETWEEN 26TH STREET AND 28TH STREET, LOCATED IN THE CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN AREA. Volume 45 - Page 4 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL C \ \ \���� \\ January 14, 1991 INDEX . Report from the Public Works Department. It was pointed out that adoption of the recommended Council resolution will • complete the statutory proceedings to vacate the excess small portion of Lafayette Avenue right -of -way contiguous with Tract No. 14025, and adjacent to the abandoned portion of Lafayette Avenue at 26th Street, the small portion of 26th Street right -of -way contiguous with Tract No. 14025 and westerly of Lafayette Avenue, and the 40' wide easement for gas, sanitary sewer and water proposed along the . abandoned Lafayette Avenue right -of -way between 26th and 28th Streets. Hearing no one wishing to address the Council, the public hearing was closed. lotion x Motion was made to adopt Resolution Res 91 -5 L11 Ayes No. 91 -5 ordering the vacation, and abandonment of a portion of Lafayette Avenue at 26th Street, a portion of 26th Street westerly of Lafayette Avenue, and a portion of a 40' wide easement (Lafayette Avenue Right -of -Way abandoned) for gas line, sanitary sewer and water lines between 26th Street and 28th Street; and • direct the City Clerk to have the resolution recorded by the Orange County Recorder. 4. Mayor Sansone opened the public hearing Ofcl Tow concerning OFFICIAL. POLICE TOW TRUCxTrk Srvs/ SERVICES FOR A 2 -YEAR PERIOD. G & W Towg C -2148 Report from Business License Supervisor. (38) It was noted that Chapter 5.15 of the Municipal Code provides for the operation of two official police tow companies in agreement with the City for a two year period, whose agreements alternately expire. The current agreement with G & W Towing Inc., expires on January 31, 1991. Hearing no one wishing to address the Council, the public hearing was closed. lotion x The City Manager answered various questions L11 Ayes posed by Council Member Hedges, and following those comments, motion was made • to approve renewal of 2 -year Contract (No. 2148) for G & W Towing, for the period of February 1, 1991 to January 31, 1993. Volume 45 - Page 5 COUNCIL MEMBERS �'il]��iT•i�� • • • CITY OF NEWPORT BEACH MINUTES January 14, 1991 5. Mayor Sansone opened the public hearing regarding GENERAL PLAN AMENDMENT NO. 89- 2(Cl - Request initiated by the City of Newport Beach to allow commercial/ residential mixed use in the "island" area between North Newport Boulevard and Newport Boulevard in the Old Newport Boulevard Specific Plan Area. It is also proposed to amend the boundaries of the Old Newport Boulevard Specific Plan Area to delete areas designated for residential use and to consider changes to the issues identified for consideration in the preparation of the Specific Plan; and the acceptance of an Environmental Document; AND USE PERMIT NO. 3380 - A request of OMEN MINNEY to allow the construction of, a combined commercial/ residential project containing 2,000 square feet of commercial development and 3 dwelling units on property located in the C -1 District. The proposal also includes a request to approve a use permit to permit commercial development of the site which maintains a Floor Area Ratio which is less than 0.25. Property located at 447 North Newport Boulevard, between Orange Avenue and Hospital Road, is the Old Newport Boulevard Specific Plan Area; AND SITE PLAN REVIEW NO. 59 - A request to permit the construction of a combined commercial /residential development within the Old Newport Boulevard Specific Plan Area where a Specific Plan has not yet been adopted; t lub RESUBDIVISION NO. 929 - A request to resubdivide an existing lot and a vacated portion of Newport Boulevard into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. Report from the Planning Department. Volume 45 - Page 6 INDEX GPA 89 -2(C) (45) U/P 3380/ Owen Minney Site Pln Rv No. 59 929 • f 11 u CITY OF NEWPORT BEACH COUNCIL MEMBERS January 14, 1991 :F \LL\ `YM 111 The City Clerk advised that after the agenda was printed, four additional letters were received regarding the subject proposal from the following: Bonnie Jeannette, 470 N. Newport Boulevard Laurel Whiting, 614 Orchid Avenue Patricia G. Steele, 434 Riverside Avenue Robert E. Hall of the W.E. Hall Company The City Manager pointed out that on June 7, 1990, the Planning Commission reviewed the subject applications, and recommended approval of General Plan Amendment 89 -2 (C) to the City Council. The Commission also approved the related applications of Use Permit No. 3380, Site Plan Review No. 59 and Resolution No. 929. The subject items were originally scheduled to be heard by the City Council on July 9, 1990, when they were continued to August 13, 1990. At that meeting the applicant requested that the applications be removed from the City Council calendar. Subsequent to the removal of the above items, the City Council received a report from the Planning Department on the MFR and mixed use development standards. After this report was received, the applicant again requested a hearing on the proposed project. This request was considered by the City Council on October 22, 1990, when the hearing was scheduled for January 14, 1991, to allow time for a Planning Commission review of the mixed use concept and development standards. The Planning Commission considered these issues at their meeting of November 8, 1990, and voted that no changes to the standards were necessary. The report of the Planning Commission was received by the City Council on November 26, 1990. The City Manager explained the "Vicinity Map" depicted on Page 35 of the staff report. File also advised that when the City Council amended the General Plan in October, 1988, the proposal to consider a residential /commercial mixed use, was considered and rejected. Discussion ensued, wherein the staff responded to questions regarding existing and new development in the area, mitigation measures for sound attenuation, park dedication fees, and uses that could be permitted under this General Plan Amendment. Volume 45 - Page 7 89 -2(C) � a is a•� AMID C • • �f CITY OF NEWPORT BEACH MINUTES January 14, 1991 Owen Minney, Applicant, 447 Newport Boulevard, addressed the Council and submitted copies of letters in support of his request. He stated he only knows of 2 out of 35 property owners (commercial and residential) in the "island" area who have responded negatively to his proposal. The Newport Heights Homeowners Association has also endorsed his request, as well as the Cliff Haven Homeowners Association. In closing, he urged the Council to look favorably on his proposal. Sid Soffer, 900 Arbor Street, Costa Mesa, owner of property to the north and south of the Applicant's property, appeared in support of the request. He stated that his property to the south of the subject property is a dual use with a small residential unit to the rear of the property and Whiskey Bill's in the front. He has reviewed Mr. Minney's project and feels it will be a good development and should be approved. Brad Smith, Architect for the Applicant, 2515 Coast Highway, addressed the Council and stated he concurs in the findings in the staff report and the conditions of approval. He emphasized they do not exceed any of the building bulk ratio; their floor area ratio is consistent with similar mixed -use projects that have recently been approved; and according to the Land Use Element of the General Plan, their traffic generation characteristics are equivalent of down - zoning the area. Earl Lewis, 501 E1 Modena Avenue, owner of properties at 456 and 460 Newport Boulevard, directly across from the Applicant's property, addressed the Council in support of the request as he felt the project will upgrade and beautify the area. Gregg Schwenk, owner of 477 Newport Boulevard (Antique Store), appeared before the Council and stated that he and his family are very much in favor of Mr. Minney's project with the. proposed mixed - use, as they feel it will enhance the area.. Discussion ensued, wherein Council Member Hart stated that she is not convinced that the zoning which was placed on the subject area two years ago when the General Plan was amended is "that bad," and that it should now be changed to a mixed -use. She indicated that one of her major concerns was the "bulk and mass" the proposed project would create for the area. Volume 45 - Page 8 89 -2(C) ROLL motion • Motion Motion . • Ayes Noes M I Ay* Noes COUNCIL MEMBERS CITY OF NEWPORT BEACH \ \\ January 14, 1991 I; �1111 Volume 45 - Page 9 INDEX GPA 89 -2(C) x Council Member Turner also indicated he was not sure that mixed -use should be applied to the subject area, as he felt that due to the close proximity of Newport Boulevard, which is a major thoroughfare, the area should be a heavier use rather than commercial /residential. He further felt that if the subject request were approved, it would be equivalent to that of "spot - zoning," and he therefore, moved to deny acceptance of Environmental Impact Report; General Plan Amendment 89 -2(C); and disallow Use Permit No. 3380; Site Plan Review No. 59 and Resubdivision No. 929. Council Member Hedges commented he felt X that Old Newport Boulevard lends itself to mixed -use because it is an area "off -the beaten - path ", and therefore, moved a substitute motion to approve the subject request. x Following discussion and comments by staff, Council Member Hart moved a substitute, substitute motion to separate the applications under consideration and deny General Plan Amendment No. 89 -2(C). At the request of the Applicant, the public hearing was reopened. Mr. Owen Kinney, Applicant, stated that mixed -use has already "taken over the area," and outlined the existing commercial /residential properties in the subject vicinity. He also explained the model of the proposed project. Ms. Whitford, 475 Old Newport Boulevard, addressed the Council and stated she has been a business owner on Old Newport Boulevard for thirteen years; she supports mixed -use for the area, and would like to see Mr. Kinney's project approved. Mayor Sansone closed the public hearing at this time. x x x x The substitute, substitute motion made by X x x Council Member Hart to deny General Plan Amendment No. 89 -2 -(C) was voted on and carried. x In view of the foregoing action, motion was x x x x x made to deny Use Permit No. 3380, Site Plan X x Review No. 59, and Resubdivision No. 929, based on the findings designated in Exhibit "B" of the staff report. Volume 45 - Page 9 INDEX GPA 89 -2(C) � is r a•:. CITY OF NEWPORT BEACH January 14, 1991 MINUTES 111 Volume 45 - Page 10 6. Mayor Sansone opened the public hearing U/P 3399 regarding USE PERMIT NO. 3399 - A request (88) by PATRICIA STEELS DURGAN to permit the • construction of a second dwelling unit (Granny Unit) on property located in the R- 1 District. Said proposal is in accordance with Chapter 20.78 of the Municipal Code which permits a second dwelling unit on lots which permit only one dwelling unit, provided the second dwelling unit is intended for one or two persons who are 60 years of age or over. Property located at 434 Riverside Avenue, on the southeasterly side of Riverside Avenue between Cliff Drive and Clay Street in Newport Heights. Report from the Planning Department. It was noted that the proposed project fully complies with the Granny Unit Ordinance, which became effective January 11, 1989. Since its adoption, the Planning Commission, or City Council has reviewed thirteen other applications for Granny Units since 1984. Ten of the thirteen applications have been approved, two have been denied, and one application was removed from calendar pending action by • the applicant relative to the requirement for the owner to occupy one of the dwelling units. In addition, two of the permitted Granny Units were not constructed prior to the expiration dates of the use permits. Patricia S. Durgan, Applicant, addressed the Council and stated that she is willing to comply with the findings and conditions recommended by the Planning Commission. In response to questions raised, she stated she does not have a tenant as yet for the Granny Unit; the property is up for sale; and once the Granny Unit is approved, it is her intention to move elsewhere. It was pointed out that if the Granny Unit is approved, said approval goes with the property when it is sold. The City :Manager commented that it was the League of California Cities' interpretation of the Granny Unit ordinance that the unit be for a relative of the person owning the • "main house." Following comments by the City Attorney relative to the Granny Unit ordinance, Mayor Sansone closed the public hearing. Volume 45 - Page 10 CITY OF NEWPORT BEACH COUNCIL MEMBERS S January 14, 1991 ROLL CRLL Motion All Ayes • • • x MINUTES Council Member Turner stated that he did not feel the subject request is in the "spirit" of the Granny Unit ordinance as to the intended use for a blood relative, and therefore, moved to overrule the decision of the Planning Commission, and deny Use Permit No. 3399. E. PUBLIC COMMENTS: Robert Dixon, Utilities Director, addressed the Council and introduced John Killefer, Director of Metropolitan Water District, Secretary of the Board of Directors, and long -time resident of Newport Beach, and Hunter Cook, General Manager of the Coastal Water District. Mr. Dixon stated that MWD is in charge of bringing all the water to Southern California, but because of the size of the District, sub - districts were developed, and it is Coastal Water District who Sells the water to Newport Beach. Mr. Killefer gave an overview relative to the current water shortage, and stated that many residents do not realize that 1008 of the water used in this City is imported from Northern California or the Colorado River. He stated that we are in the 5th year of a 7 -year drought, and there is no way to manufacture water. He felt that residents need to be educated on water conservation through various mailings and media. He spoke in support of the proposed Emergency Ordinance which will set rationing levels and establish surcharges for water use, under consideration later in the meeting, and urged its adoption. He also complimented the Utilities Department as a "first - class" operation. Mr. Cook stated he is also a resident of Newport Beach, and that he has never seen a water shortage as that which is currently being experienced. He felt the City has already taken steps in the right direction to reduce water consumption, and he hopes that residents will do the same. In response to question raised by Council Member Watt regarding new population growth as it relates to supplying water, Mr. Killefer replied that it is mandatory pursuant to State regulations that MWD supply water to its service areas even though population increases. They are now serving 4 million more people than in 1977, Volume 45 - Page 11- INDEX Utilities/ Water CITY OF NEWPORT BEACH [$ f"Ii:[4Imrjil3;1- d•'y 8011 \ \ \\�� \\ January 14, 1991 MINUTES . 101W4 Volume 45 - Page 12 and are continually faced with new requests for annexation of areas that have never been supplied with water by MWD. In essence, water use can only be controlled • in times of "stress" (as we are in now) at the meter, the pocketbook and "tough" ordinances, such as the proposed Emergency Ordinance to be presented later in the meeting. lotion x F. CONSENT CALENDAR: k11 Ayes - The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on January 28, 1991: (a) Proposed ORDINANCE NO. 91 -1, being, Ord 91 -1 Zoning AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 9 SO AS TO ESTABLISH A FRONT YARD SETBACK _ OF 19 FEET ON LOTS 10-13, BLOCK 114, - TRACT NO. 234 (200 -206 15TH STREET). THE PROPOSAL ALSO INCLUDES A REQUEST TO AMEND A PORTION OF DISTRICTING MAP NO. 11 SO AS TO ESTABLISH A FRONT YARD SETBACK OF 5 FEET ON THE FOLLOWING LOTS: LOTS 9 -12, BLOCK 3, BALBOA TRACT AND PARCELS NO. 1 AND 2, PARCEL MAP 99 -12 (404 -416 EAST BALBOA BOULEVARD) AND LOTS 10 -12 AND LOT 18, BLOCK 2, NEWPORT BAY TRACT (301 AND 313 -317 EAST BALBOA BOULEVARD). (Planning Commission Amendment No. PCA 719 719) [Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -6 requesting the Bal B1 County of Orange to include the 23rd -32nd/ BALBOA BOULEVARD REHABILITATION FROM AHFP 23RD STREET TO 32ND STREET project in Res 91 -6 the Fiscal Year 1991 -92 Arterial (74) Highway Financing Program (AHFP). (Report from the Public Works Department) (b) Resolution No. 91 -7 authorizing the Npt B1 /PCH submittal of an application to the Bic /Pedstr • State Resources Agency for the Rdsd Rst/ construction of Newport Boulevard/ AB 471 Pacific Coast Highway Bicycle and Fndg Pedestrian Roadside Rest Area in Res 91 -7 accordance with the 1991 -92 AS 471 (74) FUNDING PROGRAM. (Report from the Public Works Department) Volume 45 - Page 12 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CHLL\ \ \ \� \ \ I'r \ January 14, 1991 • • • (c) Resolution No. 91 -8 requesting that Npt B1 Wdng/ the County AHFP approve an extension C -2642 of time from October 1, 1990 to Res 91 -8 November 26, 1990, for awarding the (38) NEWPORT BOULEVARD WIDENING CONTRACT NO. 2642. (Report from the Public Works Department) 3. CONTRACTS /AGREENENTSs None. 4. COMMUNICATIONS - For referral as indicated: (a) To Building Department for response, Bldg /Swim- letter from Mr. and Mrs. Robert ming Pool Wilcox expressing concern that Regs residents who have SWIMMING POOL3 (26) will be required to fence them in. (b) To Police Department for response, PD /Metered letter from Michael Mayer concerning Pkg attitude by those enforcing METERED 1 (70) PARKING AND SMALL PRINT OF SIGNS LISTING EFFECTIVE HOURS. (c) To staff for reply, letters from Traffic /Bk Daniel C. Lorti, Charles H. Rivkin Bay Dr Clsr and Catherine Yost requesting (85) consideration for CLOSURE OF SACK BAY DRIVE. (d) To Fire Department for response, Fire /Buck letter from Elizabeth Montgomery Gully concerning removal of existing flora (41) in BUCK GULLY. (e) To City Clerk for filing, copy of Traffic /NB letter from South Coast Air Quality Trp Rdctn Management District (SCAQMD) Pln approving NEWPORT BEACH'S TRIP (85) REDUCTION PLAN to be kept on file with said plan. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Pete Bryan to Crystal Cv LAPCO concerning Crystal Cove State St Prk Park. (b) Removed from the Consent Calendar. (Refer to agenda item O. 3 for Council action) Volume 45 - Page 13 CALL • • 0 CITY OF NEWPORT BEACH MINUTES January 14, 1991 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Brian J. Berry alleging damages to his vehicle; City sign fell and cracked his windshield (refer to police report for date and location). (b) Nancee Chagollan alleging personal injuries as result of traffic accident on Pacific Coast Highway and Jamboree on June 8, 1990. (c) Punit Dewan alleging personal injuries on October 13, 1990, as a result of rope hanging from a tree in Cliff Park (Riverside and San Bernardino Avenues) which is maintained by the City's Parks, Beaches and Recreation Department. (d) Eric P. Feller (City employee) alleging personal injuries as a result of being assaulted on July 11, 1990, when he attempted to turn in a wetsuit that was left on a closed lifeguard tower at 131 W. Ocean Front. (e) Louis C. Goodman for damages and personal injuries as a result of resisting arrest by Newport Beach Police Officer on July 11, 1990, after claimant was administered a field sobriety test, wherein he was cited for allegedly not stopping at a red traffic signal at the intersection of Seagull and 16th Street. (f) Joan Gunn alleging City at fault for damage to vehicle's tire on December 19, 1990, in City Parking Lot on Pacific Coast Highway behind Margatitaville restaurant. (g) Noble Johnson alleging personal injuries as a result of fall from his bicycle on August 20, 1990, due to cracked portion of blacktop at 505- 507 Seashore Drive. (h) Ryan Johnson alleging his vehicle was hit by City Truck on October 25, 1990, when backing out of City parking lot at Superior and Placentia. Volume 45 - Page 14 (36) Chagollan Dewan Feller Goodman Gunn Johnson Johnson gin' -ia .:��•- CITY OF NEWPORT BEACH January 14, 1991 MINUTES INDEX Volume 45 - Page 15 (i) Charlene Kaloper and Roger Fischel Kaloper/ alleging personal injuries as a Fischel result of traffic collision at 38th Street and Balboa Avenue on June 27, • 1990. (j) Nell Kepner alleging personal Kepner injuries as a result of traffic accident at Pacific Coast Highway and Jamboree Road on June 8, 1990. (k) Pacific Bell alleging manhole frame Pac Bell and cover damaged by contractor doing work for the City at Pacific Coast - Highway east of Cameo Highlands Drive on September 19, 1990. (1) James Prunty alleging near fatal Prunty personal injuries as a result of dangerous condition at intersection of Newport Boulevard and Fair Drive on June 23, 1990. (m) Kevin Saks alleging he was rearended Saks by City vehicle on December 7, 1990, while stopped at intersection at 17th Street, Costa Mesa. • (n) State Farm Fire and Casualty Company State Farm alleging tree roots have damaged Fire driveway at 1124 Pembroke Lane on August 15, 1990. (o) Nicholas J. and Sheri L. Stroffe Stroffe (minors) alleging personal injuries as a result of nonfunctional traffic signal for eastbound traffic at intersection of MacArthur Boulevard (Rte. 73) and San Joaquin Hills Road on September 22, 1990. (p) David Wintle alleging personal Wintle injuries as a result of traffic accident at Pacific Coast Highway and Jamboree Road on June 8, 1990. (q) Maggie Wintle alleging personal Wintle injuries as a result of traffic accident at Pacific Coast Highway and Jamboree Road on June 8, 1990. For rejection% • (r) Insufficient claim of Roger Steffens Steffans - Removed from the Consent Calendar (refer to agenda item 6. 2 for Council action). (s) Insufficient claim of Theodore Mortenson Nortenson - Removed from the Consent Calendar (refer to agenda item G. 2 for, Council action) Volume 45 - Page 15 f. ROLL CALL • • CITY OF NEWPOR17 BEACH MINUTES January 14, 1991 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Fountain Valley Transit Mix, orange County Municipal Court, Case No. 9006355. Claim was denied on October 27, 1986 by the City Council. S. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Two Maintenance Worker I's, General Services Department. (b) One Refuse Worker I, General Services Department. (c) One Administrative Clerk, Public Works Department. (d) One Secretary, Public Works Department. (e) One Assistant /Associate Civil Engineer, Public Works Department - Traffic and Parking Division. (f) one Senior Engineering Technician, Public Works Department. 9. STAFF AND COMMISSION REPORTS - For council information and approval: (a) Letter from Planning Department to Ernest Silva, League of California Cities, regarding IMPLEMENTATION OF AS 21158 (DEPARTMENT OF FISH AND GAME - FISHING FEES). (b) Status report from Parks, Beaches and Recreation Director concerning action taken to UPGRADE THE STREET MEDIAN ON IRVIINE AVENUE BETWEEN 17TH STREET AND HOLIDAY ROAD. (c) Removed from the Consent Calendar (refer to agenda item G. 4 for Council action). 10. PUBLIC HEARING SCHEDULING - January 28, 1991: (a) Refer to agenda item F -1(a) on the Consent. Calendar. Volume 45 - Page 16 1(36) Ft. Valley Transit Mix 1(66) Organization Dpt Fish & Game (61) PB &R /St Median /Iron Ave Btw 17th & Holiday Rd (62) � � Ia r a•� • • CITY.OF NEWPORT BEACH MINUTES \ January 14, 1991 11. BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE, AND CORONA DEL MAR SIDEWALK REPLACEMENT (CONTRACT No. 2779) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on February 1, 1991. (Report from the Public Works Department) 12. PROPOSED EASEMENT FOR UNDERGROUND UTILITIES AT 215 15TH STREET (AMERICAN LEGION LEASE) - Authorize the Mayor and City Clerk to execute a Grant of Easement to the Southern California Edison Company for an underground electrical supply system, including conduit, markers, a concrete pad, and an above - ground enclosure for the transformer, at 215 15th Street. (Report from the Public Works Department) 13. AN AGREEMENT FOR NONSTANDARD IMPROVEMENTS IN TRACT NO. 12105 - Approve an agreement for nonstandard improvements in Tract No. 12105 with The Irvine Company; authorize the Mayor and City Clerk to execute the Agreement; and authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder. (Report from the Public Works Department) 1011 Bay Dr Drng Cntnm/ Eastblf Dr/ CdM Sdwlk C -2779 (38) Undrg Utl/ 215 15th St Easmt (74) Tract 12105 14. BALBOA PENINSULA ALLEY RECONSTRUCTION Balboa Pnsla (CONTRACT NO. 2306) - Approve the plans and Alley Recnst specifications; and authorize the City C -2806 Clerk to advertise for bids to be opened at (38) 11:00 A.M. on January 31, 1991. (Report from the Public. Works Department) 15. COLLINS AVENUE STORM DRAIN, PENINSULA POINT STORM DRAINS, AND 19TH STREET STORM DRAIN AND STREET REHABILITATION (CONTRACT NO. 2800) - Affirm the Negative Declarations of Environmental Impact; approve the plans and specifications; and authorize the City Clerk to advertise for bids be opened at 11:00 A.M. on February 13, 1991. (Report from the Public Works Department) 16. TRACT NO. 12105 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 12105 located at the southwesterly corner of MacArthur Boulevard and Ford Road, in the Big Canyon Planned Community; and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 5241 0019 for on -site improvements and Bond No. 5241 0024 for MacArthur Boulevard improvements) and release the Labor and Materials Bond Volume 45 - Page 17 Collins Av/ Pnsla Pt/ 19th St Strm Drn /Rehab C -2800 (38) Tract 12105 CITY OF NEWPORT BEACH COUNCIL MEMBERS pni f \s January 14, 1991 MINUTES Yilf:iyi Volume 45 - Page 18 (Bond No. 5241 0019 for on -site improvements and Bond No. 5241 0024 for MacArthur Boulevard improvements) in six months provided no claims have been filed. • (Report from the Public Works Department) 17. TRACT NO. 11018 - Approve the improvement Tract 1101E plans and specifications and accept the public improvements constructed in conjunction with Tract No. 110181455 Superior Avenue, on the northerly side of Superior Avenue, between Placentia Avenue and Hospital Road, in the West Newport Triangle area; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 4171115); and authorize the City Clerk to release the Labor and Materials Bond (Bond No. 4171115) in six months provided no claims have been filed. (Report from the Public Works Department) 18. Removed from the Consent Calendar (refer to agenda item G. 1 for Council action) 19. SPECIAL EVENTS APPLICATIONS - Uphold Special staff's recommendation to approve the Events / following applications, subject to permits • conditions in the staff report: (Report from the Business License Supervisor) (27) (a) Application No. 90 -469 - Apli 90 -465 Fireworks Display on the beach at The Wedge for applicant David Swantz between 2:00 - 3:00 p.m. on January 19, 1991. (b) Application No. 91 -003 - Apli 91 -00: Amplified Sound in residential district for applicant Paul Reed at 4614 Cortland Drive, Corona del Mar on January 18, 1991 from 6:00 - 11:00 P.M. 20. BUDGET AMENDMENTS - For approval: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department with Harbor recommendation of the Tidelands Affairs Permit Committee to refer Use Permit No. 1889 back Apli 129- to the Planning Commission for review in 2703 • light of the request by Bertha Robinson (51) Partnership to remove the restriction on HARBOR PERMIT APPLICATION NO. 129 -2703 and allow commercial chartering. Volume 45 - Page 18 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CF \ \ \ \�O� \\ January 14, 1991 MINUTES INDEX Volume 45 - Page 19 Ed Robinson, Applicant and owner of the Harbor property at 2703 West Coast Highway, Permit Apli addressed the Council in opposition to the 129 -2703 recommendation. He stated they have • provided the necessary parking and restrooms required for operating commercial charters, and he takes exception to the statements made in the staff report about his operation. Tony Melum, Tidelands Administrator, addressed the Council with the following comments: Originally when this permit was approved, the Planning Commission imposed certain conditions as set forth in the staff report, and the reasons for these conditions was that when the project was completed, there was no parking available for the slips. The applicant then said he would operate the slips as boats - for -sale, and as a shipyard, because no parking would be required. The Planning Commission then said that should the applicant wish to convert the slips into commercial slips sometime in the future, then parking and restrooms will be required. Inasmuch as the Applicant is now proposing a charter operation with a commercial dock, • (estimating 275 passengers per day) the staff felt this matter should be referred back to the Planning Commission. Roy King, part owner of Avalon Pacific, addressed the Council and stated he has been in business in the City for approximately 10.years, and a tenant of the Robinson's for the last three years. He reviewed the approvals issued by the City for parking and the boat charter business, and stated he does not understand why he is being requested to cease operation at this time. lotion x Council Member Hart, Chairman of the ill Ayes Tidelands Affairs Committee, stated the Committee is concerned about boat yards and whether or not they are going to be able to continue operating in the City, as well as how to protect the City's natural resources with the types of commercial tour boats permitted. Therefore, she moved to refer this item to the Planning Commission for • review and report back. Volume 45 - Page 19 CITY OF NEWPORT BEACH COUNCIL MEMBERS \s \10V \ January 14, 1991 • Motion All Ayes Motion All Ayes Motion All Ayes • Motion All Ayes x x x MINUTES 2. Insufficient claim of Roger Steffens seeking indemnification from claim filed by Brian R. and Ingrid Hill (Campus Drive on January 10, 1990); and Insufficient claim of Theodore Mortensou seeking indemnification from claim filed by Steiler vs. City of Newport Beach. Motion was made to defer action on the subject claims to January 28, 1991. 3. Copy of letter from Marjorie A. Shea to State Assemblyman's office concerning IMPROVEMENTS AT 2202/2204 W. OCEAN FRONT. Motion was made to refer the subject letter to staff for reply with carbon copy to City Council. 4. Report from Parks, Beaches and Recreation Director recommending approval in concept for the CLOSURE OF BOLSA AVENUE Between BROAD STREET AND OLD NEWPORT BOULEVARD FOR DEVELOPMENT OF A MINI PARR. Motion was made to defer this item to January 28, 1991, in order that input can be made by the business and property owners on Old Newport Boulevard and in the area. Craig Schwenk, representing family -owned antique store at 477 Old Newport Boulevard, addressed the Council and stated that he is not opposed to parks and open space; however, he feels that the area has insufficient parking, and that this should take priority. Roger Schwenk, owner of 477 Old Newport Boulevard,, addressed the Council and suggested no metered parking for the area, as opposed to developing a mini park. . The motion was voted on and carried. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 90 -44, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.40.100 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE PORTIONS OF VILLA WAY, 32ND STREET, AND THE ARCADE FOR ANGLE PARKING. Recycled report from Public Works - Traffic Engineering dated December 10, 1990. Motion was made to adopt Ordinance No. 90 -44. Volume 45 - Page 20 laims 36) on Ave/ Opt Bl (62) Ord 90 -44 Pkg /Villa Wy /32nd/ Arcade (85) COUNCIL MEMBERS M A*1y es • Motion All Ayes • x ix CITY OF NEWPORT BEACH MINUTES January 14, 1991 I. CONTINUED BUSINESS: 1. CITIZENS ADVISORY COMMITTEES VACANCIES: Motion was made to confirm the following appointments for term ending December 31, 1991: INDEX BICYCLE TRAILS CITIZENS ADVISORY (Bicycle COMMITTEE Trails (District 2) Council Member Plummer's appointment of Neil Woodall. (District 4) Mayor Pro Tem Turner's reappointment of Marta Zaharson and Bill Schonlau. (District 7) Council Member Cox's reappointment of Craig Weber. HARBOR QUALITY CITIZENS ADVISORY Harbor COMMITTEE Quality (District 2) Council Member Plummer's appointment of Sheila Bjorklund- Lawson. (District 4) Mayor Pro Tem Turner's reappointment of David Ziff. ENVIRONMENTAL QUALITY AFFAIRS I Environmen- CITIZENS ADVISORY COMMITTEE tal Quality Affairs (District 4) Mayor Pro Tem Turner's reappointment of Richard Luehre and Mike Soucek. 2. COUNCIL /CITIZENS ADVISORY AD HOC AIRPORT Ad Hoc COMMITTEE VACANCY: Airport Motion was made to confirm the appointment of Dan Stringer and Dan Gilliland, as Homeowners Association Representatives. J. CURRENT BUSINESS: 1. Report from the City Attorney concerning Bus Lic/ proposing a MORATORIUM ON MASSAGE Massage ESTABLISHMENTS. Estah_1_ ig1pn!- (27) The'City Attorney stated that the proposed moratorium ordinance is valid for only 45 days, and if the ordinance were extended, then it would be pursuant to a notice of public hearing and a subsequent moratorium. He recommended the emergency ordinance be adopted, and the Planning Department directed to immediately commence a study of Volume 45 - Page 21 O N 3w;l:;ac M A yes • • CITY OF NEWPORT BEACH \\\ January 14, 1991 ix 2 MINUTES potential impacts and appropriate zoning controls to minimize or eliminate those impacts, and report back on February 11, 1991. Motion was made to approve the foregoing Ord 91 -2 recommendation and adopt ORDINANCE NO. No. 91 -2, being, AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING A MORATORIUM ON TEE ISSUANCE OF ANY PERMITS FOR NEW MASSAGE ESTABLISHMENTS AND TEMPORARILY PROHIBITING THE EXPANSION OF EXISTING MASSAGE ESTABLISHMENTS PENDING A COMPLETION OF A PLANNING STUDY. Report from the Utilities Director Utilities, concerning proposing SETTING WATER Wtr Rtng- RATIONING LEVELS. , ____, _ Robert Dixon, Utilities Director, addressed (89) the Council and distributed a chart showing the rainfall for Orange County from 1960 to date. He also noted that Metropolitan Water District (MWD) will be considering at their March meeting, the possibility of a 208 reduction in supply by April 1, 1991. The City's Utilities Committee will also be considering at its meeting next month, actions that may be taken when it is required to reduce water consumption by more than 108. Once the emergency ordinance is adopted, an article will appear in the City Manager's newsletter regarding the water rationing program; meetings will be held with the three largest water group users in the City, and information will also be sent to all homeowner associations. In addition, meetings will be held with every gardener who holds a business license in the City, as well as meetings with all hotels, restaurants, and food purveyors. Every individual consumer in the City will receive a letter emphasizing the .seriousness of the drought; the action the City Council has taken; and their individual water consumption in the base year and the levels they would have to, reduce to before a surcharge would be imposed. A drought hot -line has also been established as of February 1, 1991 by calling 644 -3DRY. The City's utility bill will also be redesigned to show the consumption from the prior year; the base amount; the ration level the customer is expected to hit; and the surcharge that may occur. Volume 45 - Page 22 ROLL CALL Motion All Ayes Motion All Ayes :7 Motion All Ayes l �i V YhY: ra x X x CITY OF NEWPORT BEACH MINUTES \\\ January 14, 1991 Motion was made to adopt Ordinance No. 91 -3, being, AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH SETTING RATIONING LEVELS AND ESTABLISHING SURCHARGES FOR WATER USE EXCEEDING THE RATION LEVEL AND RESCINDING ORDINANCE NO. 90 -27. 3. Report from Traffic Affairs Committee concerning VALET DROP -OFF AREA FOR PORTOFINO RESTAURANT. Motion was made to approve the request of Portofino Restaurant to use the public street for a valet drop -off subject to the findings and conditions set forth in Exhibit "A" of staff report. James Skaug, representing the Portofino Restaurant, addressed the Council and requested that Condition No. 2 be modified to allow the valet service to park vehicles in the metered Newport Pier parking lot during nonpeak traffic hours. It was indicated by staff that this issue was discussed at the Traffic Affairs Committee and rejected, and therefore, the motion on the floor was voted on and carried. 4. Report from the Public Works Department concerning APPEAL. OF W. L. ROSENDALE FROM DENIAL OF AN APPLICATION TO CONSTRUCT A 4- FOOT HIGH FENCE ENCROACHING ONE FOOT INTO THE PUBLIC RIGHT -OF -WAY OF BALBOA AND ABALONE AVENUES ADJACENT TO 1600 BALBOA AVENUE. A supplemental staff report was presented, advising that the applicant has revised his plans and an Encroachment Permit has been issued. In view of the foregoing, motion was made to receive and file the subject report. Volume 45 - Page 23 [Ord 91 -3 TAC /Porto- fino Rest (85) Encroachmt Permit/ Rosendale (65) • • 1010 1 CITY OF NEWPORT BEACH MINUTES January 14, 1991 Meeting adjourned at 10:55 p.m., in memory of John A. Murdy, III, former California Fish and Game Commissioner, who passed away on January 4, 1991; and Marche Soucek, who passed away on January 7, 1991, Mother of Mike Soucek, Member of the City's Environmental Quality Affairs Committee. • w r : *• w s sr t w w ,e The agenda for this meeting was posted on January 10, 1991 at 8:55 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: ty Volume 45 - Page 24