HomeMy WebLinkAbout03/25/1991 - Regular MeetingT
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COLKIL MEMBERS MINUTES
REGULAR COUNCIL MEETING
PLACE: Council
Rn I f\ \\ E: Ma hh5, 1991 TAIfaFX
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Mayor Sansone presented a BEAUTIFICATION AWARD to
Mr. and Mrs. Grant Van De Walker for the exterior
improvements to their home at 1599 Placentia
Avenue, on behalf of the Environmental Quality
'rot
x
Affairs Citizens Advisory Committee.
A. ROLL CALL.
x
x
x
x
x
x
lotion
x
B. Reading of Minutes of Meeting of March 11,
11 Ayes
1991, was waived, approved as written, and
ordered filed
lotion
x
C. Reading in full of all ordinances and
.11 Ayes
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 and
Modificatic
City Council review of MODIFICATION NO.
No. 3796
3796 - An appeal from the action taken by
(94)
the Planning Commission on January 10,
1991, on a request of EUGENE A. CERKO to
construct a wall and wrought iron
fence that would encroach 10 feet into the
required 10 foot front yard setback along
Bamboo Street. Said fence would range from
6 feet to 7 feet 6 inches in height, where
the Zoning Code allows a maximum of 3 feet
®
in height for any construction in the
required 10 foot front yard setback.
Property located at 2515 Bamboo Street, on
the northwesterly side of Bamboo Street,
between Bixia Street and Bison Avenue in
Eastbluff.
Report from the Planning Department.
The City Manager summarized the staff
report, noting that at its meeting of
January 10, 1991, the Planning Commission
approved Modification No. 3796 for the
construction of a 6 foot high wall and
wrought iron fence to encroach 5 feet into
the required 10 foot front yard setback.
The Commission made the determination that
a 5 foot front yard encroachment is
consistent with other requests on Bamboo
Street that have been approved by the
Modifications Committee. The applicant has
appealed the commission's decision inasmuch
as it is his desire to construct the wall
and wrought iron fence to the front
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property line (i.e., 10 feet into the
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required 10 foot front yard setback).
It was also pointed out that a letter had
been received from the Eastbluff Homeowners
Community Association opposing the proposed
10 foot encroachment.
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MINHES
INDEX
Volume 45 - Page 88
Eugene A. Cerko, applicant, 2515 Bamboo Modificatic
Street, addressed the Council stating that No. 3796
with respect to the height of his proposed
wall, the wall at 2521 Alta Vista is higher
than what he is proposing, and the fence at
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2936 Alta Vista extends out to the
sidewalk. Therefore, he does not feel he
would be setting a precedent if his fence
is placed at the sidewalk, inasmuch as it
has already been allowed in his immediate
area. He felt the wrought iron fence will
provide security from his pond as well as
his landscaping. He also referred to a
petition he submitted from residents in the
neighborhood in support of his request.
Tracy Wolonsky, 2600 Basswood Avenue,
President, Eastbluff Homeowners Community
Association, addressed the Council and
reiterated their opposition to the proposed
10 foot encroachment, but advised they are
in agreement with the recommendation for a
5 foot setback. She stated that the fence
at 2936 Alta Vista referred to by Mr. Cerko
was not approved by the current homeowners
board. She also requested that whatever is
approved, a specific time frame for the
work to be completed be imposed on the
applicant.
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Douglas Smith, 2507 Bamboo Street,
addressed the Council and stated he resides
next door to the applicant, and is in
support of the request. He is also unaware
Of anyone opposing the proposed
improvements who are directly affected.
Craig Collins, 2521 Bamboo Street,
addressed the Council in support of the
request. He stated that the applicant has
worked very hard the past year in improving
his property, and that he was impressed
with the quality of work, landscaping and
masonry.
Hearing no others wishing to address the
Council, the public hearing was closed.
4otion
x
Motion was made to sustain the action of
the Planning commission.
Council Member Hart commented she has
viewed the site, and that the request is
contrary to what other residents in the
area have in the way of front yard fencing,
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and therefore, she will support the motion.
Council Member Hedges stated he, too,
visited the site in question, and as a
result, felt the applicant should be
granted the 10 foot exception, or not any
exception at all.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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Volume 45 - Page 89
Mayor Sansone advised he will be supporting Modificatio
the motion, based on the recommendations of No. 3796
the Modifications Committee and Planning
Commission.
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At this time, the public hearing was re-
opened to allow the applicant to respond to
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question raised by Council Member Hedges
regarding the five foot setback recommended
by the Planning Commission.
Mr. Cerko emphasized he felt he should not
be penalized for applying to the City
through the proper channels for the
proposed fence when other property owners
in the area have made similar improvements
with or without the benefit of permit. _
The public hearing was closed again.
Council Member Watt pointed out that an
exception has already been made to the
applicant in allowing the five foot
setback, and she feels there is no reason
to overturn the recommendation of the
Modifications Committee and Planning
Commission.
L1=1 Ayes
The motion was voted on and carried.
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2. Mayor Sansone opened the public hearing Towing
pursuant to Newport Beach Municipal code (70)
Section 5.13.140 on request of JOHN'S
TOWING to consider request for rate
increases for tow truck services in Newport
Beach.
Report from Business License Supervisor.
In summarizing the staff report, the City
Manager noted that it has been three years
since the applicant has requested a rate
increase. The proposed increase is 168,
which averages out to approximately 58 per
year. The Police Department has no
objection to the proposed rate increase.
Robert Nelson, Manager for John's Towing,
addressed the Council and stated that the
168 increase is commensurate with the rates
currently charged by other tow truck
companies operating in the City.
Hearing no others wishing to address the
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Council, the public hearing was closed.
lotion
x
Motion was made to approve subject rate
!111 Ayes
increases requested by John's Towing.
E. PUBLIC COMMENTS.
None
Volume 45 - Page 89
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CR \ \ \��� \\ March 25, 1991
MINUTES
INDEX
Volume 45 - Page 90
F. CONSENT CALENDAR:
otion
x
The following actions were taken as indicated,
11 Ayes
except for those items removed:
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1. ORDINANCES FOR INTRODUCTION - Pass to
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second reading on April 8, 1991:
(a) Removed from the Consent Calendar
(refer to agenda item O. 1 for
Council action).
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar
(refer to agenda item G. 2 for
Council action).
3. CONTRACTS/AGREEMENTS-
(a) Removed from the Consent Calendar
(refer to agenda item G. 3 for
Council action).
(b) Approve the Assignment of License
KOCM -FM
Agreement from Ocean Broadcasting,
Franchise/
Incorporated (ROCM -FM Franchise) to
Brentwood
Brentwood. Communications, Limited
Communica-
Partnership. [Report from Deputy
tions
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City Manager]
(42)
4. COMMUNICATIONS - For referral as indicated:
(a) To Public Works for inclusion in the
PW /SJH
records, letter from Sandy Lucas,
Trnsp Crdr
President of the Laguna Canyon
(74)
Property owners Association
concerning City responsibility to pay
damages to homeowners for potential
flooding from water run off as a
result of Joint Powers membership in
the SAN JOAQUIN HILLS TRANSPORTATION
CORRIDOR.
(b) To Planning Department for inclusion
Planning
in the records, letter from the
(68)
Building .Industry Association with
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suggestions for compliance with the
requirements of the State - mandated
Congestion Management Program (CMP)
in adopting a TRANSPORTATION DEMAND
MANAGEMENT (TMD) by April 30, 1991.
(c) To staff for response, letter from
Santa Ana
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Betty Jo Emery requesting SANTA ANA
Hghts /Anne
HEIGHTS ANNEXATION citing improved
ation
police and fire protection from
(21)
Newport Beach.
Volume 45 - Page 90
COUNCIL MEMBERS
CITY OF NEWPORT BEACH
March 25, 1991
(d) To Planning for inclusion in the Planning
records, newsletter from the Friends (68)
of Cat -Tail Cove, concerning
alternatives to destruction of CAT-
. 'TAIL COVE.
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
(a) Copy of letters from Ray R. Williams SJH Trnsp
and Friends of Newport Bay to the Crdr
Agency concerning SAN JOAQUIN HILLS
TRANSPORTATION CORRIDOR TCA EIR /HIS
1.
(b) Copy of letter from Frank C. Donahue Parking
suggesting more BLUE- METERED PARKING.
6. CLAIMS FOR DAMAGES For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Richard Burgardt alleging damage to Burgardt
his vehicle as a result of paint can
left in roadway by strips in road
near curve at Newport Pier on
March 7, 1991.
(b) California, State of seeking CA State/
• indemnity from claim filed by Joshua Amsden
Amsden, et al, on August 9, 1989.
(c) Lillian Carlson alleging personal Carlson .
injuries as a result of fall over
wooden board on sidewalk to cover
hole on Agate Street, Balboa Island
on February 19, 1991.
(d) Sean Delaney for damages as passenger Delaney
in vehicle operated by acquaintance
who was stopped by Newport Beach
Police, arrested him as well as
claimant for possession of DUI on 700
W. Coast Highway on January 4, 1991.
(e) Dina and Walter Gribben for property Gribben
damage as a result of clogged storm
drain during recent rain storm;
possible damage to foundation of home
from flooding into wine cellar, etc.,
at 1 Cypress Point Lane on
February 28, 1991.
• (f) Billie D. Johnson for property damage Johnson
as a result of flooding from sewer
water into her home.at 701 Marigold
Avenue on December 27, 1990.
(g) Darryl Laws for damages as a result Laws
of arrest following a domestic
dispute, which alleged resulted in a
false arrest and booking on
December 24, 1990.
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CITY OF NEWPORT BEACH
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MINUTES
114,11474
Volume 45 - Page '92
(h) Herbert J. Parker for personal
Parker
injuries alleging trip and fall over
electrical cord at information desk
at Mariners Library on January 10,
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1991.
(i) LeRoy Pearson seeking indemnity from
Pearson
claim filed by Timothy Jagemann and
Heidi Jagemann as a result of
accident at Jamboree Road and Bristol
on November 20, 1989.
(j) Markus A. Schnell for damage to his
Schnell
vehicle as a result of pot hole
Northbound toward Irvine on MacArthur
Boulevard /San Joaquin Interchange
during recent heavy rain storm on
March 1, 1991.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Adam, Jared and Peter Cannon, Orange
Cannon
County Superior Court, Case No.
651532.
(b) Elisabeth Chatlin, Orange County
Chatlin
Superior Court Case No. 639736.
Claim was denied by City Council
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August 13, 1990.
(c) Edward Ethington, Orange County
Ethington
Superior Court, Case No. 652067.
Claim was denied by City Council on
October 8, 1990.
(d) William Garland, Orange County
Garland
Superior Court Case No. 650067.
Claim was denied by City Council
August 27, 1990.
(e) Tamyron Garlich, Orange county
Garlich
Superior Court, Case No. 649583.
(f) Billie J. Esberto and Michelle
Esberto/
Elliott, Orange County Municipal
Elliott
Court, Case No 9101360. Claim was
denied by City Council on October 22,
1990.
(g) Roland Hillis for property damage and
Hillis
personal injuries, Orange County
Municipal Court, Harbor Judicial
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District, Case No. 95194. No prior
claims filed with the City regarding
this.case.
(h) John Louis Riley, sr., at al, Orange
Riley, Sr.
County Superior Court, Case No.
647556. Claim was denied by city
Council August 27, 1990.
Volume 45 - Page '92
CITY OF NEWPORT BEACH
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\\\March 25, 1991
ROLL C\RY\
MINUTES
INDEX
Volume 45 - Page 93
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S. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City Manager)
(a) Three Police Officers, Police
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Department.
(b) Two Refuse Worker II's, Refuse
Division.
(c) One Police Records Specialist, Police
Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Letter signed by Mayor Sansone to Ron 0/C Div
Bates, President, orange County League CA
Division League of California Cities, Cities
regarding the City's position on OPEN (61)
SPACE IN THE PRINCIPLES FOR REFORM OF
REGIONAL PLANNING AND GOVERNANCE.
(b) Report from Parks, Beaches and Council
Recreation Director recommending Policy I -5
,approval for amendment to CITY (69)
COUNCIL POLICY I -5, USE, PRIORITIES
AND FEES FOR FACILITIES AND
EQUIPMENT.
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For Council information and filings
(c) Removed from the Consent Calendar
(refer to agenda item G. 4 for
Council action).
10. PUBLIC HEARING SCHEDULING:
None.
11. SPECIAL EVENTS APPLICATIONS - Uphold Special
staff's recommendation to approve the Events
following, subject to conditions listed in Apli
the staff report. [Report from Business (27)
License Supervisor]
(a) Application No. 91 -038 - Temporary Apli No. S
road closures for a 5R run and 2 mile 038
walk sponsored by the City Parks,
Beaches and Recreation Department and
the Corona del Mar chamber of
Commerce on Saturday, June 8, 1991 in
Old Corona del Mar.
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(b) Application No. 91 -062 - Outdoor Apli No. !
amplified sound for a chili cookoff 062
sponsored by the %California State
Chili Championship, Inc. on.Thursday,
May 23, 1991 at the Dunes Aquatic
Park.
Volume 45 - Page 93
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CITY OF NEWPORT BEACH
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MINUTES
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(c) Application No. 91 -067 - Temporary Apli No. 91
road closures for a 2K and SK run 067
sponsored by Newport Harbor High
School PTA on Saturday, October 5,
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1991 in Cliffhaven.
12. MARINERS MIILE PARKING LOT AND ACCESS ROAD Mariners
CONTRACT NO. 2824 - Approve the plans and Mile Pkg Lc
specifications; affirm Class 3 Exemption & Access Rc
from the provisions of the California C -2824
Environmental Act; and authorize the Mayor (38)
and the City Clerk to advertise for bids to
be opened at 11:00 A.M. on April 11, 1991.
[Report from the Public Works Department]
13. EXCHANGE OF LAND FOR RELOCATION OF SEASHORE Property
DRIVE CUL -DE -SAC - Authorize the Mayor and Acq /Orng
City Clerk to execute the Quitclaim Deed to Cty Fld Cn�
the Orange County Flood Control District; (73)
and authorize the City Manager to accept
the Quitclaim Deed from the Orange County
Flood Control District. [Report from the
Public Works Department]
14. ACCEPTANCE OF THE REMODELING OF THE Lifeguard
LIFEGUARD HEADQUARTERS AND CONSTRUCTION OF Hq Remodel
THE NEWPORT PIER RESTROOM CONTRACT NO. 2736 Cnstr Npt
- Accept the work; authorize the City Clerk Pier Restr
to file a Notice of Completion; authorize C -2736
the City Clerk to release the bonds 35 days (38)
•
after the Notice of Completion has been
recorded in accordance with applicable
portions of the Civil Code; and assess
liquidated damages in the amount of
$1,800.00. [Report from the Public Works
Department]
15. BUDGET AMENDMENT - For approval: (40)
BA -035, $136,905.52 - Transfer in Budget
Appropriations to provide for REMODELING OF
THE LIFEGUARD HEADQUARTERS AND CONSTRUCTION
OF THE NEWPORT PIER RESTROOM [CONTRACT NO. C -2736
2736]." [Refer to report from the Public (38)
Works Department w /agenda item F -141
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Air Quality Management Plan Zoning/
coordination Committee with Proposed TDM fr Nee
ORDINANCE establishing TRANSPORTATION Dvlpm
DEMAND MANAGEMENT REQUIREMENTS FOR CERTAIN (94)
NEW DEVELOPMENT. .
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The City Manager advised that the subject
ordinance has been recodified since it went
out with the agenda packet to reflect its
inclusion in Chapter 20, the Zoning Code,
as opposed, to Chapter 15; and therefore,
the action should be to introduce the
ordinance and schedule for public hearing
on April 8, 1991.
Volume 45 - Page 94
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CITY OF NEWPORT BEACH
MINUTES
10 (
Motion
x
Motion was made to introduce Proposed Ord 91 -16
All Ayes
ORDINANCE NO. 91 -16 and schedule for public
hearing on April 8, 1991, being,
AN ORDINANCE OF THE CITY COUNCIL OF
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- THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 20 OF THE NEWPORT BEACH
MUNICIPAL CODE ESTABLISHING
TRANSPORTATION DEMAND MANAGEMENT
REQUIREMENTS FOR CERTAIN NEW
DEVELOPMENT.
2. Report from the Utilities Director Utilities/
regarding proposed resolution putting into Wtr Ratng
effect on April 1, 1991, PHASE VI OF THE (89)
CITY'S WATER RATIONING PROGRAM.
Motion
x
Motion was made to refer this item back to
All Ayes
staff, pending a report from the
Metropolitan Water District on this
-
subject.
3. Report from the Public Works Director Utilities
recommending the Mayor and City Clerk be Yrd Imprvm:
authorized to execute a Professional C -2856
Services Agreement with Paul J. Ruffing, (38)
A.I.A. to design UTILITIES YARD ,
IMPROVEMENTS (CONTRACT NO. 2856) for fixed
fee of $45,900.
n
A
x
Motion was made to refer this item to the
A yes
Utilities Committee for report back on
April 8, 1991.
4. Report to the City Manager regarding Planning
ACTIONS TAKEN BY THE PLANNING COMMISSION ON (68)
MARCH 7, 1991.
Motion
x
Motion was made to schedule public hearing Variance
All Ayes
on April 8, 1991 on Variance No. 1173, on No. 1173
application of Timm and Margaret Crull on
property located at 1024 East Balboa
Boulevard.
Motion
x
Motion was made to schedule public hearing 222 Poppy
All Ayes
on April 8, 1991, on application of Weston Ave /Estb
Whitfield Architects for Establishment of of Grade
Grade on property at 222 Poppy Avenue; and
to receive and file the remaining actions.
H. ORDINANCES FOR ADOPTION:
1. Report from the Deputy City Manager Ord 91 -15
regarding Proposed ORDINANCE No. 91 -15, CATV
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being, (42)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF Newport BEACH AMENDING
CHAPTER 5.44 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
COMMUNITY ANTENNA TELEVISION.
Volume 45 . - Page 95
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
8011 CA \\\ \ \�� \\ March 25, 1991
MINUTES
TNDFY
Volume 45 - Page 96
The City Manager reported that the two CATV
franchises within the City held by
Community Cablevision and COMCAST expire in
1992. In preparation for their renewal,
the City Council in January 1990 reviewed
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a "shopping list" of items to be included
in the new franchise. Negotiations with
the CATV companies ended in January 1991
and the City Council revisited the subject
on February 11, 1991 and reviewed the
proposed ordinance on February 25 and March
11. With one minor exception the
negotiations yielded agreement on all the
items requested by the City Council.
Mayor Sansone commented that he is still
receiving a large number of complaints from
subscribers as to the length of time it
takes to get through to COMCAST on the
telephone, as well as the inability of
COMCAST to approximate the time it can
service its customers.
In reply to the above, the staff noted that
the subject ordinance does contain a
Provision for "Penalties" in Section
5.44.430.
Motion
x
Motion was made to adopt Ordinance No. 91-
yes
15.
2. Report from the Utilities Director Utilities/
regarding Proposed Emergency ORDINANCE to Water Cnsr
establish WATER CONSERVATION AND RATIONING & Ratng Pr;
PROGRAM. (89)
The City Manager recommended the proposed
ordinance not be adopted as an Emergency
ordinance as previously recommended, but
that it be introduced as a regular
ordinance at this time and passed to second
reading on April 8, 1991, at which time the
staff will have an update from Metropolitan
Water District.
Motion
x
Motion was made to introduce ordinance No. Ord 91 -17
All Ayes
91 -17, and pass to second reading on April
8, 1991, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 14.16 OF THE NEWPORT BEACH
MUNICIPAL CODE TO ESTABLISH A WATER
CONSERVATION AND RATIONING PROGRAM.
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I. CONTINUED BUSINESS -
None
Volume 45 - Page 96
At, 11:114 (Wil r.d
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CITY OF NEWPORT BEACH
Motion x
Ayes x x x x x x
Noes x
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MINUTES
March 25, 1991
J. CURRENT BUSINESS:
1. Report from Parks, Beaches and Recreation
Director concerning APPEAL OF EUGENE CERRO,
2515 BAMBOO STREET.
The City Manager advised that the
appellant, Eugene Cerko, transmitted a FAX
to the City today requesting this matter be
deferred until he has had time to prepare
a presentation with regard to the requested
palm trees.
Eugene Cerko, 2515 Bamboo Street, addressed
the Council, and stated that he was not
notified of this item coming before the
City Council until last Friday, and
therefore would like to defer consideration
until he has had time to obtain a petition
from the residents in his area in support
of his request.
In response to question raised by Council
Member Hart regarding the height of the
proposed palm trees, Mr. Cerko stated that
once the trees reach the height limit as
set forth by his homeowners association, he
will remove them and replace with smaller
ones. He stated he also knows of other
trees planted in the parkway in his area
which are not the "authorized street tree,"
and he felt the choice should be left up to
the property owner and not the City, even
though the parkway is City -owned property.
He further stated that the Eastbluff
Homeowners Community Association had
approved the placement of the palms in the
parkway in front of his home.
Tracy Wolonsky, 2600 Basswood Avenue, .
President, Eastbluff Homeowners Community
Association, addressed the Council and
stated there are residents who reside above
Mr. Cerko's property, and since palm trees
cannot be topped, the trees could
eventually block those views if not
removed. -
Following comments by Council Member
Turner, motion was made to uphold the
decision made by the Parks, Beaches and
Recreation Commission to remove the Palms
and plant Podocarpus Gracillion, the
authorized street tree for this area.
Volume 45 - Page 97
PB &R /Cerko
Appeal
(62)
ROLL CALL N
Motion
Ayes
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X
CITY OF NEWPORT BEACH
MINUTES
March 25, 1991
2. HARBOR QUALITY CITIZENS ADVISORY COMMITTEE
VACANCY.
Motion was made to accept with regret the
resignation of Dave Kiff, and confirm
(District 4) Mayor Pro Tam Turner's
appointment of John Curci to fill Mr.
Kiff's unexpired term ending December 31,
1991.
,Meeting adjourned at 8:05 p.m.
x x x x x x x x x x x x x
The agenda for this meeting was posted on
March 21, 1991 at 8:30 a.m., on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
(ATTEST:
City
c
(Mayor
Volume 45 - Page 98
Harbor
Quality/
CAC