HomeMy WebLinkAbout02/25/1991 - Regular Meeting:Kfn,�.���ti���;:��; y
Present x x
Motion
All Ayes
M oOn
All Ayes
Motion
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CITY OF NEWPORT BEACH
MINUTES
REGULAR COUNCIL MEETING
a g� PLACE: Council Chambers
TIMBs 7:00 P.M.
HATE: February 25, 1991
X X X x X A. ROLL CALL.
X B. Reading of Minutes of Meeting of
February 11, 1991, was waived, approved as
written, and ordered filed.
x C. Reading in full of all ordinances and
resolutions under consideration was waived,
and City Clerk was directed to read by
titles only.
D. BEARINGSs
1. Mayor Sansone opened the public hearing
regarding proposed ORDINANCE NO. 91 -7,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAP NO. 9 SO
AS TO ESTABLISH A 10 FOOT FRONT YARD
SETBACK ALONG THE WEST OCEAN FRONT
FRONTAGE OF THE SUBJECT PROPERTY
(PLANNING COMMISSION AMENDMENT NO.
720);
AND
RESUBDIVISION N0. 947, a request of 1420
West Oceanfront Partnership, to resubdivide
four existing lots and a portion of an
alley which is proposed to be vacated, into
four parcels of land for two unit
residential condominium development on
property located in the R -2 District. The
proposal includes an exception to the
Subdivision Code so as to allow the
creation of three interior parcels which
are less than 50 feet wide and less than
5,000 square feet in area and one corner
parcel which is less than 60 feet wide and
less than 6,000 square feet in area.
Property located at 100 -106 15th Street, on
the northeasterly corner of 15th Street and
West Ocean Front on the Balboa Peninsula.
Report from the Planning Department.
Hearing no one wishing to address the
Council, the public hearing was closed.
X Motion was made to:
A. Adopt ORDINANCE NO. 91 -7,
amending a portion of
Districting Map No. 9, so as
to establish a 10 foot front
yard setback along the West
Ocean Front frontage of the
subject property; and
Volume 45 - Page 48
INDEX
Ord 91 -7
Zoning
(94)
PCA 720
Resub 947
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Motion
All Ayes
x
�f
CITY OF NEWPORT BEACH
MINUTES
February 25, 1991
B. Approve Resubdivision No. 947,
with the Findings and subject
to the Conditions of Approval
as recommended by the Planning
Commission.
2. Mayor Sansone opened the public hearing
regarding proposed ORDINANCE NO. 91 -8,
being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO REQUIRE A
PUBLIC HEARING FOR THE ESTABLISHMENT
OF GRADE AND TO ESTABLISH APPROPRIATE
APPLICATION PROCEDURES FOR THE
CONSIDERATION OF SUCH A REQUEST
(PLANNING COMMISSION AMENDMENT NO.
722).
Report from the Planning Department.
It was noted that since the establishment
of Section 20.87.200 in 1972, the Planning
Commission has considered eight requests
for the establishment of grade on various
properties throughout the City. Inasmuch
as the Code does not require the Planning
Commission to consider such requests at a
public hearing, the City is not legally
required to notify surrounding property
owners that such a request is being
considered. The Zoning Code also does not
establish any application fee for the
establishment of grade, therefore, the City
spends a considerable amount of staff hours
reviewing such requests and preparing a
staff report for the Planning Commission's
consideration with no reimbursement from
the property owner. In most cases, the
amount of time that is devoted to such a
request would be equal to the time spent on.
an average use permit application.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to:
A. Adopt ORDINANCE NO. 91 -8y and
8. -Adopt RESOLUTION NO. 91 -17,
establishing a filing fee in
case a Site Plan Review is
appealed to the City Council.
3. Mayor Sansone opened the public hearing
regarding proposed ORDINANCE NO. 91 -9,
being,
Volume 45 - Page 49
Ord 91 -8
Zoning
(94)
PCA'722
Res 91 -17
Ord 91 -9
Zoning
(94)
CITY OF NEWPORT BEACH
rc#T li(WWI 'i2Wi:id;y
S
ROLL February 25, 1991
CFlLL
MINUTES
INDEX
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO ALLOW THE
ENCLOSURE OF COMMERCIAL PARKING
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SPACES DURING NONBUSINESS HOURS
(PLANNING COMMISSION AMENDMENT NO. PCA 724
724).
Report from the Planning Department.
It was pointed out that Chapter 20.30 of
the Municipal Code does not make any
provision for the enclosure of commercial
parking spaces by way of the installation
of garage doors or other devices which
could serve to limit unwanted accessibility
thereto. Historically, such provisions
were made possible only through the
approval of a discretionary permit. It has
been brought to the Planning Commission's
attention that such enclosures may be
warranted during nonbusiness hours due to
report of theft, vandalism, unauthorized
parking and other maltreatment of
properties which provide covered or
partially enclosed commercial parking that
remains accessible after business hours.
The Planning Commission made the
determination that this amendment to the
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Code is necessary to allow the security
desired by the commercial property owners
in the City.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Ordinance No. 91-
All Ayes
9, with an amendment to Section C "...that
the size, color and configuration of the
sign posted shall be subject to approval of
the Planning Department."
4. Mayor Sansone opened the public hearing Ord 91 -10
regarding proposed ORDINANCE NO. 91 -10, Zoning
being, (94)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO ALLOW THE
INCREASED HEIGHT OF CHIMNEYS
(PLANNING COMMISSION AMENDMENT NO. PCA 725
725).
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Report from the Planning Department.
It was noted that Section 20.02.060 of the
Zoning Code currently makes provision for
the increased height of chimney structures
above the height limitation zone only to
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL \ \ \ \�� February 25, 1991
U11113i
the extent required by the Uniform Code.
(The Uniform Building Code provides that
...chimney caps shall be a minimum of 2
feet above all parts of the roof within a
10 foot radius. ") This Section goes on to
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allow these structures to exceed the height
required by the Uniform Building Code
subject to approval of the Planning
Commission in each case. Historically,
such Planning Commission review has, for
the most part, been approved conditionally
with provisions to limit, to the greatest
extent possible, the size of the
structures. The proposed amendment will
allow an additional 12 inches over the
Uniform Building Code requirements so as to
permit spark arrestor apparatus or
architectural features of a decorative
screening nature without Planning
Commission review. However, any chimney
with the additional height of 12 inches
will be limited to dimensions of 2 feet by
4 feet.
Hearing no one wishing to address the
Council, the public hearing was closed.
lotion
x
Motion was made to adopt ORDINANCE NO. 91-
111 Ayes
10.
5. Mayor Sansone opened the public hearing Urgency
concerning proposed URGENCY ORDINANCE, Ord /Massage
being, Estbl
(27)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH EXTENDING
THE TERM_ OF A MORATORIUM ON NEW
MASSAGE ESTABLISHMENTS AND THE
EXPANSION OF EXISTING MASSAGE
ESTABLISHMENTS.
Report from the City Attorney.
The City Attorney summarized his report and
recommended that the Council extend the
massage establishment moratorium for a
period of ten (10) months and forty -five
(45) days.
Hearing no one wishing to address the
Council, the public hearing was closed.
lotion -
x
Motion was made to adopt URGENCY ORDINANCE Ord 91 -11
11l -Ay e s
NO. 91 -11.
E. PUBLIC COMMENTS:
1. Mayor Sansone commended Council Member John Council
Hedges, member of the military airlift
reserve, for his recent participation in
Desert Storm in Saudis Arabia.
CITY OF NEWPORT BEACH
IN Z - E-161-101
INDEX
2. Robert Dixon, Utilities Director, addressed Utilities
the Council with an update on the water
drought situation, noting that the City
began its mandatory water rationing program
February 1, 1991 with a 108 cutback. Since
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that time, and as a result of no rain, the
Governor has curtailed all State water
project deliveries for agriculture. The
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Metropolitan Water District (MWD) has also
informed the City that they are reducing
water usage to a 208 level on March 1; and
therefore, pursuant to Ordinance No. 91 -3,
the City will move to a 208 reduction in
accordance with MWD's action. The MWD has
also advised the City that they expect a
258 reduction in water deliveries effective
May 1, 1991, in which the City will move to
that level at that time. Water usage was
much higher at the beginning of this month,
but since the City's letter went out to its
consumers, there has been a dramatic drop
in water use in the last two weeks.
In response to question raised by Council
Member Watt, the Utilities Director
commented that at the request of the
Utilities Committee, a proposed ordinance
will be forthcoming to the Council
regarding water plans for new construction,
dust control, and retrofitting of plumbing
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fixtures in remodels, and where there is
redevelopment.
3. Jeff Bate, 514 S. Bayfront, addressed the SJoaquin
council regarding the connection of the San Hls Trnsp
Joaquin Hills Transportation Corridor to Crdr
Interstate 5, and expressed his reasons for
supporting Alignment No. 1 over Alignment
No. 2, stating Alignment No. 1 will result
in fewer businesses having to relocate; it
has the shortest completion time; it will
not create a potential for blighted areas,
and it will cost $82 million dollars more
to construct Alignment No. 2 over Alignment
No. 1.
F. CONSENT CALENDAR:.
40tion
x
The following actions were taken as indicated,
'111 Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
Reintroduce, and pass to second reading on
March 11, 1991 -
(a) Proposed ORDINANCE NO. 91 -5, being, Ord 91 -5
Water /Swr
AN ORDINANCE OF THE CITY Utilities
COUNCIL OF THE CITY OF NEWPORT (89)
BEACH ADDING CHAPTER 14.30 TO
THE NEWPORT BEACH MUNICIPAL
11-1 -- ne — n an
COIL MEMBERS
1&%\-5.Q N
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INitll` OA0pild 1)INN-9)of," :l
February 25, 1991
MINUTES
CODE PERTAINING TO GREASE
DISCHARGE PERMITS. [Report
from the City Attorney
w /recycled report dated
February 11, 1991 from
Utilities Director]
Introduce and pass to second reading on
March 11, 1991 -
INDEX
(b) Proposed ORDINANCE NO. 91 -12, being., jOrd 91 -12
(c) Removed from the Consent Calendar.
(Refer to agenda item G.1 for Council
action)
Schedule for public hearing on March 11,
1991:
(d) Proposed ORDINANCE NO. 91 -13, being,
Veh /Trfc
AN ORDINANCE OF THE CITY
Bic Patrol
COUNCIL OF THE CITY OF NEWPORT
BdWlk
- BEACH AMENDING THE PROVISIONS
($5)
OF SECTION 12.56.140
PERTAINING TO POLICE BICYCLE
PATROL ON BOARDWALKS, PIERS
AND SIDEWALKS. [Report from
the City Attorney]
(c) Removed from the Consent Calendar.
(Refer to agenda item G.1 for Council
action)
Schedule for public hearing on March 11,
1991:
(d) Proposed ORDINANCE NO. 91 -13, being,
Ord 91 -13
Zoning
AN ORDINANCE OF THE CITY
(94)
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING DISTRICTING MAP
NO. 39 SO AS TO RECLASSIFY
LOTS 1 THROUGH 19 OF TRACT
5425 FROM THE R -3 -B (P.R.D.)
DISTRICT TO THE MFR DISTRICT
AND ESTABLISH DWELLING UNIT
LIMITS FOR EACH LOT (PLANNING
COMMISSION AMENDMENT NO. 723).
PCA 723
[Report from the Planning
Department]
(e) Proposed ORDINANCE NO. 91 -14, being,
Ord 91 -14
Zoning
AN ORDINANCE OF THE CITY
(94)
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE
SO AS TO ALLOW TENANT
IMPROVEMENTS INVOLVING UP TO
ONE HUNDRED. PERCENT OF THE
EXISTING FLOOR AREA OF
NONCONFORMING COMMERCIAL AND
INDUSTRIAL BUILDINGS WITHOUT
-
DISCRETIONARY ACTION
(PLANNING COMMISSION AMENDMENT
NO. 726). [Report from the
Planning Department]
Volume 45 - Page 53
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL : P\N\ February 25, 1991
UIV, *1
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 91 -18 authorizing
GS /Househlc
application for a HOUSEHOLD HAZARDOUS
Haz Wst Gr
WASTE GRANT. [Report from the
Res 91 -18
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General Services]
(44)
3. CONTRACTS /AGREEMENTS:
(a) Award Contract No. 2800 to Guild
Collins Ave
Construction, Inc., for total bid
Pusla Pt/
price of $686,610.06 ; and authorize
19th St St:
the Mayor and city Clerk to execute
Drns /Rehab
subject contract for COLLINS AVENUE
C -2800
STORM DRAIN, PENINSULA POINT STORM
(38)
DRAINS, AND 19TH STREET STORK DRAIN
AND STREET REHABILITATION. [Report
from the Public Works Department]
(b) Approve Agreement with Dover Shores
CNB Animal
Pet Care Center to operate City
Shltr Agm/
Animal Shelter. [Report from
C -2854
Business License Supervisor]
(38)
4. COMMUNICATIONS - For referral as indicated:
(a) To Planning Department for reply,
Planning
letter from C. Edward Wolfe concerned
(f8)
over the proliferation of "For Sale"
signs in the Baycrest /Dover Shores
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area; suggesting that the City modify
the MUNICIPAL CODE RELATING TO REAL
ESTATE SIGNS.
(b) To Planning Department for response,
Planning
petition from Cliff Haven residents
(f8)
concerned about lack of strict
enforcement of R -1 ZONING
REGULATIONS.
(c) To City Manager for response, letters
Santa Ana
from Yuretta Lorman, William B.
Hghts Anne:
Londeree, and B. Wright, requesting
(21)
that their property be included into
the Newport Beach Sphere of Influence
(SANTA ANA HEIGHTS ANNEXATION).
(d) To Public Works Department for
PW
response, letter from Gunter C. Mayer
(74)
with suggestions to improve the
public's SIDEWALK ACCESS ALONG
SEASHORE DRIVE.
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CITY OF NEWPORT BEACH
MINUTES
February 25, 1991
(e) To Fire Department for inclusion in Fire
the records, letter from Friends of (41)
BUCK GULLY /MORNING CANYON with
comments concerning the Negative
Declaration relating to Resolution
90 -116; signed petitions from Ron and
Shirley Centre, Howell and Betty
Webb, James and Patricia McDonald,
Mrs. Robert N. McCutchen, and
individual letter from Norman N.
Tillner.
Note: Additional letters were
received after the agenda was printed
regarding the foregoing from: Nils -
Eric and Cheryl Svensson, Jim
McDonald, Jim Schindler and Patty
McDonald.
(f) Removed from the Consent Calendar.
(Refer to agenda item G. 4 for
Council action)
Dpt
(g) To Marine Department for reply, Marine Dpt
letter from William J. Ellerby who (51)
referred to two newspaper articles
about the lack of enforcement for
workable PUMPOUT STATIONS IN NEWPORT
BEACH.
(h) To Parks, Beaches and Recreation PB &R
Department for response, letter from (62)
Eugene A. Cerko appealing the City's
decision concerning the planting of
PALM TREES in the parkway in front of
his home.
(i) To Police Department for reply, PD
letter from Paul Nathanael Thompson (70)
concerned about his lack of following
through on a 1982 MISDEMEANOR
CITATION he received while visiting
Newport Beach.
S. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copy of letter to CONCAST from
Larkette Lein regarding cancellation
of "Spectrum News."
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Thomas G. Faludy, Jr., seeking Faludy. Jr.
reimbursement of impound /towing fee
as a result of police check on
February 11, 1991 at Irvine /Mesa
Drive.
Volume 45 - Page 55
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL CALL February 25, 1991
11
(b) Ted R. Hubert alleging personal Hubert
injuries as a result of fall on iron
stake left at sidewalk repair site on
Campus Drive, December 30, 1990.
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(c) Jennie Mitman and Thomas McGirr Mitman/
alleging vehicle towed and cited in McGirr
error while parked overnight at
-
Balboa Pier Parking Lot on
November 5, 1990.
(d) Larry Schmitz alleging damage to Schmitz
legally parked vehicle by contractor
Silveri & Le Boeuf, and Hacienda
Landscape, Inc., while working on
sound barrier wall on February 6,
1991, at 4901 Lido Sands Drive.
(e) State Farm Insurance Company alleging State Farm
City responsible for dangerous
intersection at Industrial
Way /Superior /16th Street, which
resulted in accident on August 30,
1990.
(f) Gregory and Teri Stanfield alleging Stanfield
his vehicle towed and cited in error
while parked overnight at Balboa Pier
Parking Lot on November 51 1990.
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(g) James E. Stebbins alleging tree Stebbins
damaged by City Refuse Truck on
December 20, 1990 at 2521 Seaview
Drive.
7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Michelle Patricic for damages, etc., Patricio
Orange County Superior Court, Case
No. 642924. Claim was denied by City
Council on September 24, 1990.
(b) Bruce Hamilton Searby for damages, Searby
etc., United States District Court,
Case No. SACV- 91- 58 -GLT. Claim was
denied by City Council on
November 26, 1990.
(c) John Urlakis for damages, Orange Urlakis
County Superior Court, Case No.
647615. Claim was denied by City
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Council on July 23, 1990.
S. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES:
None.
t,-l.. -.. AC _ s.. -.. CG
CITY OF NEWPORT BEACH
-L 71- may 11 3—
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MINUTES
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9. STAFF AND COMMISSION REPORTS - For Council
information and filing:
(a) Report to the City Manager regarding
Planning
ACTIONS TAKEN BY THE PLANNING
(68)
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COMMISSION ON FEBRUARY 7, 1991.
10. PUBLIC HEARING SCHEDULING -
March 11, 1991 -
(a) Report from the Planning Department
GPA 90 -1(G)
regarding GENERAL PLAN AMENDMENT NO.
(45)
90 -1(G) - A request by THE IRVINE
COMPANY to amend the Land Use Element
of the General Plan to provide for
Administrative Professional and
Financial Commercial uses as an
alternate use on the Pacific
Telephone site (Camelback Street and
Bison Avenue); and the acceptance of
an Environmental Document;
AND
PLANNING COMMISSION AMENDMENT NO. 721
PCA 721
- A request to amend the North Ford
Planned Community District
Regulations to provide for 20,000
square feet of office development on
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the Pacific Telephone site;
AND
TRAFFIC STUDY NO. 70 - Request for a
Trfc Stdy
Traffic Study for proposed office
development on the Pacific Telephone
site. Property located at 1177
Camelback Street;
AND
FINDING OF GENERAL PLAN CONSISTENCY -
A request by The Irvine Company for
a finding of General Plan consistency
for a transfer of 13,550 square feet
of commercial development from the
Pacific Telephone site to Fashion
Island;
AND
PLANNING COMMISSION AMENDMENT NO. 701
PCA 701
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- A request to amend the Fashion
Island Planned Community Development
Regulations so as to increase the
allowable development allocation by
13,550 square feet;
AND
:. -1 -- 45
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ON
CITY OF NEWPORT BEACH
February 25, 1991
TRAFFIC STUDY NO. 67 - A request for
a Traffic Study for increased square
footage at Fashion Island.
(b) GENERAL PLAN AMENDMENT NO. 90 -1(A) -
A request to consider an amendment to
the Land Use Element of the General
Plan to establish a dwelling unit
limit consistent with existing
development for the residential areas
on Domingo Drive and Amigos Way in
the Eastbluff area of Newport Beach
(Planning Commission Amendment No.
723). [Report from Planning
Department]
(c) [Refer to agenda items F -1(d & e)]
March 25, 1991 -
(d) APPEAL APPLICATION FOR MODIFICATION
NO. 3796 - Eugene A. Cerko request
for wrought iron fence enclosure for
front yard pond at 2515 Bamboo
Street. .
11. GENERAL PLAN AMENDMENT NO. 91 -1, request to
initiate amendments to the Newport Beach
General Plan with the following action:
sustain the recommendations of the Planning
Commission to initiate amendments, and
direct staff to proceed with the
preparation of any necessary environmental
documents and set for public hearing before
the Planning Commission fors [Report from
the Planning Department]
A. 300 CARNATION AVENUE - Request of
William E. Boehringer to amend the
Land Use Element of the General Plan
to increase the allowed density from
one unit for each 2,178 square feet
to one unit for each 1,150 square
feet . of buildable lot area at 300
Carnation Avenue area in Corona del
Mar;
AND
B. GROWTH MANAGEMENT ELEMENT - Proposal
of the City of Newport Beach to
prepare and adopt a Growth Management
Element as required by the provisions
of Measure M; .. -
AND
Volume 45 - Page 58
Trfc Stdy 67
GPA 90 -1(A)
(45)
PCA 723
Mod 3796
(94)
GPA 91 -1
(45)
CITY OF NEWPORT BEACH
COUNCIL h MEN MINUTES
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February 25, 1991
TNr FY
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C. NEWPORT BEACH CENTRAL LIBRARY
Removed from the Consent Calendar.
(Refer to agenda item G. 3 for
Council action)
•
AND
D. WEST NEWPORT HEIGHTS - A proposal of
the City of Newport Beach to amend
the Land Use Element and make
technical corrections to the
permitted dwelling unit number so as
to provide for three lots
inaccurately projected as commercial
land uses, and to allow for three
units on the site located at 420
Westminster Avenue which currently is
developed with six dwelling units.
12. 1989 -90 STREET AND MISCp'T•LANEOUS SLURRY
189 -90 St/
SEAL PROGRAM (CONTRACT NO. 2785) - Accept
Misc Slurr3
the work; and authorize the City Clerk to
Seal Prg
file a Notice of Completion and release the
C -2785
bonds 35 days after Notice of Completion
(38)
has been recorded in accordance with
applicable portions of the Civil Code.
[Report from the Public Works Department]
13. SALE OF A PORTION OF THE OASIS PARR
Oasis Prk
PROPERTY ADJACENT TO 850 SANDCASTLE DRIVE -
Prpty
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Authorize the sale of 240.5 sq. ft. of park
(73)
property to Mark Poochigian of 850
Sandcastle Drive for $6,700, subject to the
conditions and deed restrictions described
in the staff report. [Report from the
Public Works Department]
14. SPECIAL EVENTS APPLICATIONS - Uphold
Bus Lic/
staff's recommendation to approve the
Spcl Evnts
following applications, subject to
(27)
conditions 'listed in the staff report.
[Report from Business License Supervisor]
(a) Application No. 91 -013 - Use
Apli 91 -01;
of .public beach for surf
contest on March 16, 1991,
from 6:30 a.m. - 1:30 p.m. at
2200 West Oceanfront.
(b) Application No. 91 -026 - Use
Apli 91 -021
of amplified sound for Chili
cook -off on March '16, 1991,
from 12 Noon - 5:00 p.m. at
214 15th Street.
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15. APPEAL OF THOMAS BEREAN - Removed from the
Consent Calendar. (Refer to agenda item G.
2 for Council action)
i
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL \\A\\ *\\\ February 25, 1991
TKIMY
Volume 45 - Page 60
16. BUDGET AMENDMENTS - For approval: (40)
BA -034, $1,200 - Transfer in Budget
Appropriations to provide for staffing
hours and materials for the second annual
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BAY WATCHERS CLASS, sponsored by the Harbor
Quality Committee; General Fund. [Memo Marine Dpt
from Marine Department and Harbor Quality (51)
Committee)
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Deputy City Manager CATV
regarding proposed ordinance to amend (42)
Chapter 5.44 of the Newport Beach Municipal
Code regarding COMMUNITY ANTENNA
TELEVISION.
.otion
x
Motion was made to refer this item back to
11 Ayes
staff for modification of language
regarding undergrounding, etc., as
requested.
2. Report from the Public Works Department Berean/
recommending denial of APPEAL OF THOMAS Encroachm
BEREAN FOR ENCROACHMENT on property located (65)
at 1600 West Ocean Front.
Thomas Berean, appellant, addressed the
Council in support of his request for an
encroachment permit in connection with the
replacement wall which he had constructed
adjacent to the Ocean Front Walk. He
stated that before construction of his new
single- family residence at 1600 West Ocean
Front, the previous wall encroached for
over 25 years. The new wall was built in
the same place as the former wall and
encroaches over the property line by seven
tenths of one foot (0.7), or approximately
8 inches.
The Public Works Director advised that the
proposed new wall, which came to the
attention of the City staff prior to
construction, would encroach into the ocean
front right -of -way. At that time, Mr.
Berean's representative was notified, both
verbally and in writing, that said wall
.would encroach, and that it could not be
constructed in the requested location
unless an encroachment permit were granted.
It was further indicated that it would be
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very unlikely an encroachment permit would
be issued in view of the new ocean front
encroachment policy being considered by the
City Council, which prohibits any
encroachments into the ocean front right -
of -way in this area.
Volume 45 - Page 60
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
R(lll ( \ \\ \gam \\ February 25, 1991
MINUTES
The letter which was sent by City staff,
Berean/
suggested that the applicant revise his
Encroachm
plans accordingly; however, it was found
later that the wall had been constructed
•
without the benefit of an encroachment
permit.
Mr. Berean replied that he did receive the
subject letter from City staff, but
inasmuch as he had received approvals from
the Planning, Public Works, and Building
Departments on November 21, 1989, of his
plans for the single - family residence,
including the ocean front wall at the exact
height and in the exact location where it
had previously been constructed, he did not
believe he had to respond any further.
The Public Works Director referenced a
letter from the applicant's attorney,
Melvyn C. Embree, (attached to the staff
report) and noted that on page 2, third
paragraph from the bottom, a number of
locations are cited indicating recently
constructed walls along ocean front which
are encroaching into the ocean front right -
of -way. He noted that of the seven
properties listed, six do not encroach as
stated, and the property at 1516 W. ocean
•
Front is an old wall which does encroach.
Melvyn C. Embree, Attorney representing the
applicant, 110 E. Ninth Street, Los
Angeles, addressed the Council and
referenced his letter of February 12, 1991.
He emphasized that the applicant is only
replacing a wall in the same location where
a wall existed for over 25 years, and which
they feel causes no harm or detriment to
the City; the removal of such wall would,
however, cause detriment and economic cost
to the applicant, estimated at $10,000 to
$20,000; and further, in an effort to
resolve this matter expeditiously and
provide the City with valuable
consideration, upon issuance of the
encroachment permit, the applicant is
willing to pour the replacement sidewalk
and access ramp along 16th Street adjacent
to the property at his own cost, which will
save the City considerable expense.
-
•
The City Manager - pointed out to the
applicant and his representatives, that the
City Council just recently concluded a
number of public hearings relative to ocean
front encroachments, and As a result, the
City Council determined that there would
not be any ocean front encroachments
allowed in the subject area,.but to allow
M _51WIMITM T-9-W11
C
COUNCIL MEMBERS MINUTES
ROLL CRLL
S February 25, 1991
1I y'
certain encroachments in the West Newport Berean/
area in accordance with a proposed policy. Encroachm
However, the Coastal. Commission rejected
the City's proposed policy by a tie vote,
and he personally felt that if the subject
•
encroachment were allowed, it could
jeopardize the City in their negotiations
with the Coastal Commission relative to the
City's proposed ocean front encroachment
policy.
Mr. Berean submitted pictures of the
subject property and encroachment, as well
as photographs of other walls along the
ocean front walk which encroach the same
distance.
David Diem, project manager for the
applicant, addressed the Council and stated
that when he and the architect for the
project met with City staff to review the
design of the plans and the location of the
wall, there was no mention on the staff's
part of the requirement for an encroachment
permit for the wall. In addition, the
plans were "signed off" by the Planning,
Building, and Public Works Departments.
While the wall was being constructed, it
was inspected twice by City inspectors, and
approved, and still no mention was made of
•
the need for an encroachment permit. He
submitted a copy of a drawing of the wall,
showing the property line, etc., and also
a copy of the "sign off" sheet with
signatures of City representatives from the
three above -named departments.
Mr. Diem also stated the only reason the
wall is above the allowed height limit is
because of the reconstruction of sidewalk
by the City. In addition, if the wall is
moved back eight inches, he felt there
would be a potential liability on the part
of the City for .pedestrian users, roller
skaters, bicyclists, etc., since all the
walls along the ocean front are in line
with one another, and the applicant's wall
would be the exception.
In response to question raised as to why
the applicant "ignored" the letter from
City staff advising of the requirement for
an encroachment permit prior to the wall
being constructed, Mr. Berean indicated he
•
wanted his wall to be in conformance with
all the other walls along the ocean front,
and because the previous wall had been in
the same location for over 25 years.
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
INDEX
Mr. Diem also indicated that he had
Berean/
reviewed the City's letter with Mr. Berean,
Encroachm
and recommended that the wall construction
not proceed unless a permit was applied
-
•
for.
During course of discussion, Mayor Sansone
pointed out that when the subject plans
were approved by the City, a stamp with the
following language was placed on said
plans:
" Plans approved for construction are
subject to the requirements of the
Building Regulations and Planning and
Zoning Regulations of the City of
Newport Beach, California. This
approval does not constitute
expressed or implied consent or
authorization for the construction of
any structure in violation or
contravention of any law or ordinance
of the City of Newport Beach, nor the
construction of any structure for
which no Building Permit has been
issued. Deviations from approved
plans are not permitted without
filing supplemental plans and
obtaining written approval therefor.^
•
Mayor Sansone noted that the above stamp
was used on the subject plans in November,.
1989, but since that time, the language on
the stamp has been revised and also
requires the applicant's acknowledgement
and signature.
Phil Edmonson, architect for the applicant,
addressed the Council and outlined the wall
as constructed pursuant to the original
plans submitted to the City by the
applicant.
In reference to the pictures - submitted by
..
the applicant, alleging other properties
encroach into the ocean front right -of -way
in his immediate area, the Public Works
Director commented that the "other new
walls recently constructed in the area" do
not encroach into the ocean front walk, and
perhaps -the confusion is that between the
City's two piers, the ocean front sidewalk
is not exactly the same dimension from the
.
property line in all locations. The Public
•
Works Director also noted that he has been
advised that the elevation of the sidewalk
was not significantly altered when the walk
was reconstructed adjacent to Mr. Berean's
property.
CITY OF NEWPORT BEACH
W111 1:"lay i 3
�� February 25, 1991
ROLL CRLL
INDEX
At the request of Council Member Turner,
the applicant submitted the original plans
for his review as approved in November,
1989. It was also noted at this time that
the City's ocean front encroachment policy
•
was not adopted until approximately one
year later.
The City Attorney advised that had Mr.
Berean applied for an encroachment permit
as recommended by City staff in July, 1990,
he would have found that the City did not
at that time have a policy prohibiting
encroachments, which policy has
subsequently been adopted and is now in
effect.
The Public Works Director noted that prior
to the City Council adopting the formal
ocean front encroachment policy, the City
has never issued an encroachment permit in
the ocean front area.
4otion
x
Hearing no further discussion, motion was
made to uphold the staff's recommendation
and deny the request for the subject
encroachment permit.
4otion
x
Substitute motion was made to require the
lY
x
applicant to reduce the overall height of
V�
x
x
x
x
x
x
the wall to 36 ", but to allow the wall to
remain where presently constructed, which
motion FAILED.
k11 Ayes
The original motion was voted on and
carried.
3. Report from the Planning Department, GPA 91 -1/
requesting initiation of GENERAL PLAN NB Central
AMENDMENT NO. 91 -1, ITEM C (NEWPORT BEACH Library
CENTRAL LIBRARY) - Proposal of the City of (45)
Newport Beach to amend the Land Use Element
of the General Plan to increase the allowed
development on the new library site in
Newport Village from 50,000 sq. ft. to
52,000 sq. ft. -
Motion
x
Motion was made to increase the square
footage from 52,000 sq. ft. to 65,000 sq.
ft. in the -event a future City Council
should decide to expand the library.
It was indicated by the City Manager that
pursuant to the City's agreement with The
•
Irvine Company for the library site, he
will notify them of the Council's action
for their input.
?.11 Ayes
The motion was voted on and carried.
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL � g� February 25, 1991
Ma
wa - raga 63
4. Request from Robert L. Brockman that the PW/
alley between 41st Street and 40th Street Brockman
in the 100 Block directly behind his home (74)
be included in the BALBOA PENINSULA
RECONSTRUCTION CONTRACT 2806.
Robert L. Brockman, 122 41st Street,
addressed the Council in support of his
request. He stated that if his alley were
added to the Balboa Peninsula Alley
Reconstruction contract awarded at the last
Council meeting, the cost would still be
far below the original engineer's estimate.
He noted that nine alleys in his immediate
area are proposed to be reconstructed, and
that the alley behind his home has not been
resurfaced since 1974. He submitted
photographs of the subject alley depicting
its poor condition, and urged approval of
his request.
It was indicated by the Public Works
Director that he had no objection to adding
the 41st Street alley to the existing
contract, inasmuch as there are funds
available in the current budget; however,
he did want to note that said funds are in
the contingency allowance.
x
Motion was made to approve a Change Order
es
to Contract No. 2806 for the inclusion of
41st Street alley.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 91 -6, being, Ord 91 -6
Health/
AN ORDINANCE OF THE CITY COUNCIL OF Sanitation
THE CITY OF NEWPORT BEACH AMENDING General Sn
SECTION 6.04.070 OF THE NEWPORT BEACH (44)
MUNICIPAL- CODE PERTAINING TO
SCAVENGING RECYCLABLES ON PRIVATE
PROPERTY.
Recycled reports dated February 5, and
January 1, 1991, from the City Attorney and
Police Chief.
lotion
x
Motion was made to adopt ORDINANCE NO.
L11 Ayes
91 -6.
I. CONTINUED BUSINESS:
•
None.
wa - raga 63
•
Motion
:All Ayes
•
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
MINUTES
February 25, 1991
J. CURRENT BUSINESS:
1. Report from the Public Works Department (Utilities/
regarding UNDERGROUNDING UTILITIES ALONG Undrgr Asmt
EAST BAY AVENUE AND EAST BAY FRONT FROM "J 1#12 & 61
- N" STREETS (PROPOSED ASSESSMENT DISTRICT (89)
NO. 61 AND PROPOSED UNDERGROUND UTILITIES
DISTRICT NO. 12).
Motion was made to defer action to
March 11, 1991, to allow additional time
for Special Counsel to review documents and
prepare necessary resolutions for proposed
undergrounding of utilities.
Meeting adjourned at 8:50 p.m.
s w w w* w r w w ♦• r
The agenda for this meeting was posted on
February 21, 1991, at 9:00 a.m., on the
City Hall Bulletin Board located outside of
the City of Newport Beach Administration
Building.
ATTEST:
ty
Volume 45 - Page 66