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HomeMy WebLinkAbout04/22/1991 - Regular MeetingCITY OF NEWPORT BEACH COIL MEMBERS REGULAR COUNCIL MEETING ROLL \ \ \�¢ PLACE: council chambers TIMES 7x00 P.N. DATE: April 22, 1991 • Present x x Motion All Ayes Motion All Ayes 0 0 x x x x x Mayor Sansone presented Awards to Winners of "EARTH DAY POSTER CONTEST," sponsored by the Environmental Quality Affairs Citizens Advisory Committee. Mayor Sansone presented Proclamation in support Of "NATIONAL YOUTH SERVICE DAY," APRIL 23, 1991, to Newport Harbor High School and Corona del Mar Youth Council Representatives, and declared MAY 31, 1991, AS "YOUTH IN GOVERNMENT DAY." A. ROLL CALL. B. Reading of Minutes of Meeting of April 8, 1991, 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. Public hearing and City Council review of VARIANCE NO. 1173, a request of TIMM AND MARGARET CRULL to permit the construction of a single family dwelling which exceeds the allowable 2 times the buildable area of the site on the property located in the R -2 and R -3 Districts. The proposal also includes a modification to the Zoning code so as to allow portions of the building to encroach 8 feet into the required 8 foot front yard setback adjacent to the bay. In addition to the front yard encroachments, said construction proposes to extend beyond the original lot line adjacent to the vacated portion of East Bay Avenue so as to encroach an additional 3 feet 10 inches on the ground floor and 5 feet 3 inches on the second floor. Property located at 1026 East Balboa Boulevard and "C" Street, on Balboa Peninsula. Recycled report dated April 8, 1991 from the Planning Department. The City Manager, in outlining the proposed request, stated that when East Bay Avenue was vacated, the Zoning Code was not amended. At that time, the Zoning Code should have been changed to reflect a new setback from the most northerly portion of the lot in question, as well as for the next three lots westerly. Volume 45 - Page 116 MINUTES Variance 1173 (9.1) CITY OF NEWPORT BEACH CfPM O, \\\ April 22, 1991 Volume 45 - Page 117 Ii IYU i LI Variance 1173 The City Manager noted two alternatives for Council consideration: 1) Sustain the action of the Planning Commission, and • direct them to initiate an amendment to the Zoning Code pertaining to setbacks for the area in question; or 2) Overrule the decision of the Planning Commission, and direct said Commission to modify the Zoning Code as set forth in the above. It was pointed out that the proposed .structure is smaller in size (3,447 sq. ft.), than the building that currently exists (3,609 sq. ft.) There will also be a front yard building encroachment limit of 2 feet 10 inches on both the first and second floors, which adequately addresses the concerns of the neighbors. The Planning Director advised that if the Planning Commission were to amend the Zoning Code to change the setback • for the entire block on East Bay Avenue, the Commission could hear the amendment on May 9; the proposed ordinance could be introduced at the May 28 Council meeting and adopted on June 10. Timm Crul.l, Applicant, 1024 E. Balboa Boulevard, addressed the Council and stated he has been working with the Planning staff and Commission for the past 16 months regarding the design of the new structure. The neighbors on both sides of his property, as well as the residents across the street, are strongly in favor of his project; and he would like to be able to proceed with the development. Ron Yen, Architect for the Applicant, 500 Jasmine Avenue, addressed the Council and displayed a model of the proposed structure which he stated is compatible with the area. He also • showed photographs of the existing home. He added that they have no objection to delaying the project in accordance with the foregoing time schedule referred to by the Planning Director. Volume 45 - Page 117 Ii IYU i LI Variance 1173 • Motion Motion • Ayes Noes All Ayes is CITY OF NEWPORT BEACH \f April 22, 1991 x 14 xlx Ix Ix Ix Ix Ix Ed Bach, 1022 E. Balboa Boulevard, addressed the Council in support of the proposed project, stating the home will be smaller than what currently exists; it will be a great asset to the neighborhood; the proposal is fair and reasonable, and should be approved. Hearing no others wishing to address the Council, the public hearing was closed. Notion was made to overrule the decision of the Planning Commission and initiate an amendment to the Zoning Code as it pertains to setbacks on the bay side of parcels on the north side of Balboa Boulevard between "B" and "C" Streets, and further, to direct the Planning Department and Planning Commission to expedite said proposed amendment. Substitute motion was made to sustain the action of the Planning Commission and initiate an amendment to the Zoning Code as set forth in the foregoing. The hearing was reopened at this time in order for Ron Yeo, Architect, to address the Council again. In response to question raised regarding the Architect's proposed time schedule for this project, Mr. Yeo advised that they were hoping to commence construction in the fall after the summer rush; however, if the subject variance is not granted, he anticipates it will be Spring before they can begin. The public hearing was closed. The substitute motion was voted on and FAILED. The original motion was voted on and carried. MINUTES TA; Variance 1173 2. Mayor Sansone opened the public hearing Underground regarding UNDERGROUNDING UTILITIES ALONG Utilities/ EAST BAY AVENUE AND EAST BAY FRONT FROM Asmt Dists "J" STREET TO "N" STREET (PROPOSED 61 & 12 ASSESSMENT DISTRICT NO. 61 AND PROPOSED. (89) UNDERGROUND UTILITIES DISTRICT NO. 12) The City Manager advised that the Boundary Map for Assessment District No. 61 was not recorded 15 days prior to this hearing as required by law, and therefore, the hearing must be continued. Volume 45 - Page 118 s ROLL C Motion All Ayes • 0 Motion All Ayes Ll x x CITY OF NEWPORT BEACH April 22, 1991 Hearing no one wishing to address the Council on this matter, motion was made to continue this public hearing to May 13, 1991. E. PUBLIC COMMENTS: Anita Weston, 13734 Hedda Circle, Cerritos, representing California State University at Long Beach Coalition of Social Workers, addressed the Council and distributed a prepared statement regarding recent budget cuts by the Governor on higher education. She stated that a large number of teachers have already been "let go" on the campus; library hours have been greatly curtailed, and the curriculum is largely diminishing. She urged the City Council to write letters to CSU trustees and California State elected officials as time is of the essence. The State budget for 91 -92 must be passed by midnight, June 14, 1991. Mayor Sansone commented that the State has a shortfall of 12.6 billion dollars, which means there are going to be tax increases. He did not hear anything in the previous presentation supporting a tax increase which could provide the money required for what is being advocated. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on May 13, 1991 - (a) Removed from the Consent Calendar (refer to agenda item G. 1 for Council action) Schedule for public hearing on May 13, 1991 - (b) Proposed ORDINANCE NO. 91 -19, being, Volume 45 - Page 119 ;04:!ltx CSU Ord 91 -19 Zoning (94) COUNCIL MEMBERS • • is CITY OF NEWPORT BEACH \\\ April 22, 1991 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20, SECTION 20.15.025 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO DELETE SPECIFIC REQUIRED PARKING SPACES FROM THE CALCULATION OF GROSS FLOOR AREA FOR A DUPLEX IN THE R -2 DISTRICT (PLANNING COMMISSION AMENDMENT NO. 731). [Report from the Planning Department] 2. RESOLUTIONS FOR ADOPTIONS (a) Resolution No. 91 -34 supporting efforts to PROHIBIT THE SALE OF SEXUALLY EXPLICIT MATERIAL FROM UNSUPERVISED VENDING MACHINES IN PUBLIC PLACES ACCESSIBLE TO MINORS. [Report from the City Attorney] (b) Removed from the Consent Calendar (refer to agenda item G. 2 for Council action) 3. CONTRACTS /AGREEMENTS: (a) Approve a budget transfer for $44,185; and award CONTRACT NO. 2824 FOR MARINERS MILE PARKING LOT AND ACCESS ROAD TO NOBEST INCORPORATED of Westminster, California for $44,185; and authorise the Mayor and City Clerk to execute subject contract. [Report from the Public Works Department] (b) Authorise the Mayor and City Clark to execute a Professional Services Agreement with Paul J. Ruffing, A.I.A., for. UTILITIES YARD IMPROVEMENTS (CONTRACT NO. 2856). [Report from the Utilities Director] (c) Authorise the Mayor and City Clerk to execute a Lease Purchase Agreement with general Datacomm for T -1 (HIGH SPEED VOICE AND DATA TRANSMISSION) CIRCUITS. [Report from the Utilities Director] 4. COMMUNICATIONS - For referral as indicated: MINUTES PCA 731 Bus Lic/ Vending Machines Res 91 -34 (27) Mariners Mile Pkg Lot /Access Road C -2824 (38) Utilities Yd Imprv/ Prf Sry C -2856 (38) Utilities Gen Datacom T- 1 /HiSped Vc Dta Trsm C -2861 (38) (a) To Public Works for response, IPW letters from Rita Writer, and the (74) Lido Isle Community Association concerning the RETAINING WALL IN LIDO PARK. Volume 45 - Page 120 CITY OF NEWPORT BEACH O M Ly4im Pi'm :13 :41 ROLL CR \� \\\�¢ \\ April 22, 1991 MINUTES Mllfxl Volume QS - Page 121 (b) To Deputy City Manager for reply, COMCAST/ letter from William R. Patton Franchise disturbed by FRANCHISEE CONCAST (42) CABLE'S INVASION OF HIS FAMILY'S PRIVACY. _ • (c) To Traffic Affairs and Bicycle TAC /BT CAC Trails Committees for response, (85) letter from Irwin F. Gellman concerned about the SAFETY NEEDS OF THE COMMUNITY VS. THE CITY ADOPTING AN ADDITIONAL ORDINANCE TO STIMULATE INCREASED USE OF BICYCLES FOR TRANSPORTATION. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter from Edward Wiseman to COMCAST CATV inquiring about continual increases in rates and why he is paying the same rate as people in Santa Ana and receiving less service. [Attached) 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Bay Island club alleging damage as Bay Is Clul a result of sewer backup at #25 Bay Island on March 31, 1991. (b) Robert H. Hardin alleging damage Bardin to parked vehicle as a result of City tree falling onto car at 326 Evening Canyon Road on March 30, 1991. (c) Jeff Berg alleging damage to pair Berg of glasses as a result of falling from wheelchair due to crack in expansion joint /boardwalk near Ferry. (d) Lonnie L. Green alleging his Green hubcaps came loose as a result of large hole in street at Pacific Coast Highway and Balboa Boulevard on March 2, 1991. (e) Robert J. Maurer alleging damage Maurer _ to bicycle as a result of large hole in street on Pacific Coast • Highway on March 2, 1991. Volume QS - Page 121 • CITY OF NEWPORT BEACH DUThit April 22, 1991 (f) Susan Lynne Meadows seeking Meadows reimbursement of towing, storage and taxi service fees as passenger in vehicle whose driver was cited for suspended license on March 8, 1991 at 7th Street and Ocean Front. (g) Gary Rycroft, Jr., alleging car IRycroft, Jr. was towed in error from 1909 W. Balboa Boulevard on March 24, 1991. (h) Stephen Mornay seeking Tornay reimbursement of towing fees paid to G & W Towing, as his citation of February 8, 1991 at 3908 River Avenue was dismissed by Harbor Municipal Court Judge. (i) Stephen Mornay alleging his Tornay vehicle towed in error on March 14, 1991; seeking reimbursement of fines erroneously paid to City and towing charges paid to Harbor Towing Company. (j) David Troutt alleging damage to Troutt his vehicle's transmission pan as a result of pipe bolt sticking up in street by contractor doing work for the city (B & A Construction Company) at Topaz and Collins Avenues on April 4, 1991. For rejection: (k) LATE CLAIM OF POTLATCH CORPORATION Potlatch seeking indemnity as a result of Corp being named defendant in action of United States of America, et al v. Montrose Chemical Corp., et al. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Nivedita Dewan as guardian for Dewan Punit Dewan, Orange County Municipal Court, Case No. 91CO963. (b) Farmers Insurance Exchange, Orange Farmers County Municipal Court, Case No. Ins Exchg 91502. (c) Bruce Hamilton Searby, United Searby States District Court, Case No. SACV- 91 -58. Claim was denied by City Council on November 26, 1990. Volume 45 - Page 122 MMUTAR Ix"P 1 .)AUI1 [01 �!,0( =Ai3k:ldc:.9 ROLL CFY \ \ \�\\ April 22, 1991 MINUTES pril Volume 45 - Page 123 (d) Roger Ray Steffens, Cross- Steffens Complainant for Indemnification and Attorneys' Fees as a result of automobile accident (Brian R. and Ingrid Hill), Orange County • Superior Court, Case No. 62- 74 -95. Claim filed by Steffens was denied by the City Council on January 28, 1991. S. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) Two Police Officers, Police Department. (b) One Library Clerk I, Library Services Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from General Services GS Director recommending (44) implementation of proposed program to ENSURE THE REPAIR OF SIDEWALKS - DAMAGED BY PRIVATE TREES AT • PRIVATE EXPENSE. (b) Memorandum from the City Manager CA Energy recommending the CITY ACCEPT THE Coalition / INVITATION TO BECOME A MEMBER OF Organiz THE CALIFORNIA ENERGY COALITION. (61) (c) Letter signed by Mayor Sansone to Sister the Honorable Pierre Merli, Mayor City /Anrit: of Antibes, DESIGNATING COUNCIL (33) MEMBER JEAN WATT AS THE OFFICIAL REPRESENTATIVE OF THE CITY OF NEWPORT BEACH FOR THE FORTHCOMING SISTER CITY EXCHANGE IN ANTIBES. (d) Orange County Division, League of OC /League California Cities letter CA Cities requesting CITY OF NEWPORT BEACH (61) APPROVE A ONE -TIME ASSESSMENT OF $475 TO UNDERWRITE THE COST OF LEAGUE PARTICIPATION. (e) Memorandum from the City Manager CA Wtr recommending Mayor Sansone be Rsres Cntr. authorized to sign the letter to Bd • the STATE OF CALIFORNIA WATER (28) RESOURCES CONTROL BOARD requesting them to consider the City's Anti - Toxic and Pollutant Program. Volume 45 - Page 123 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH April 22, 1991 (f) Report from the Planning Department concerning USE PERMIT NO. 1956 FOR MAGIC ISLAND IN LIDO MARINA VILLAGE. For Council information and filings (g) Removed from the Consent Calendar (refer to agenda item G. 3 for Council action) 10. PUBLIC HEARING SCHEDULING - Nay 13, 1991: (a) APPEAL APPLICATION FROM LARRY LEVOFF, KNOW LIMITED, INC., representing JOHN DOMINIS RESTAURANT for USE PERMIT NO. 3409 AND 3086(A) from decision of the Planning Commission on April 4, 1991 to deny. (b) GENERAL PLAN AMENDMENT NO. 91 -1(D) - Request initiated by the City of Newport Beach to AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN 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 subject property which is currently developed with six dwelling units. [Report from the Planning Department) (c) APPLICATION FOR 1991/92 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. [Report from the Planning Department] 11. REPLACE RESTROOMS AT GRANT HOWALD AND EASTBLUFF PARRS (CONTRACT NO. 2776) - Approve the plans and specifications; and authorize the City Clerk to advertise for bide to be opened at 11:00 A.M. on May 30, 1991. [Report from the .Public Works Department] MINUTES Planning/ Magic Is (68) U/P 3409/ 3086(A) (88) GPA 91 -1(D) (45) CDBG /HUD (87) Grant Hnwal Eastblf PYR: C -2776 (38) 12. 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) Volume 45 - Page 124 4. , a. r rN is Ll CITY OF NEWPORT BEACH April 22, 1991 (a) APPLICATION NO. 91 -081, Approve amplified sound for Wooden Boat Festival 191 sponsored by the Newport Harbor Chamber of Commerce on the weekend of June 1 and June 2, 1991 at the Boy Scout and Coast Crew bases. MINUTES Apli 91 -081 (b) Application No. 91 -084, Approve Apli 91 -084 use of public beach by Joseph Keane for a wedding reception from noon to 6:00 PM on Saturday, May 4, 1991, at 808 and 810 West Oceanfront. (c) Application No. 91 -090, Approve use of public beach for a surfing contest sponsored by Calvary Chapel Surfing Association from 6:30 AM to 4:30 PM on June 1 and September 14 in the 7400 block of West Oceanfront. Apli 91 -090 (d) Application No. 91 -091, Approve Apli 91 -091 temporary road closures for a triathlon sponsored by Nake -A -Wish Foundation on Sunday, October 20, 1991, along Back Bay Road. (e) Application No. 91 -095, Approve Apli 91 -095 use of public beach for a surfing contest sponsored by Boy Scouts of America from 8:00 AM to noon on June 1 and June 8 in the 5500 block of West Oceanfront. (f) Application No. 91 -106, Approve Apli 91 -106 outdoor amplified sound for a musical picnic sponsored by the Balboa Improvement Association on Thursday, July 4, 1991 at the gazebo in Peninsula Park. 13. ORANGE COAST YELLOW CAB - Uphold staff's recommendation to approve request of Orange Coast Yellow Cab to substitute the ten taxicab vehicles inspected for the eleven removed from service. [Report from Business License Supervisor] 14. BUDGET AMENDMENTS - For approval: BA -037, $142,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations as an advance to ASSESSMENT DISTRICT 61 until proceeds from the sale of bonds have been received; General Fund. (Refer to report w /agenda item D -2, and action to continue the public hearing to May 13, 1991) Volume 45 - Page 125 Orange C_== Yellow Cab (27) (40) • Motion All Ayes is • COUNCIL MEMBERS x 9 �f � CITY OF NEWPORT BEACH April 22, 1991 BA- 038, $44,185 - Transfer in Budget Appropriations to provide for CONTRACT NO. 2824, MARINERS MILE PARKING LOT AND ACCESS ROAD; Public Works, Street, Alley, Bikeway Resurfacing Program Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDARS 1. Report from the Parke, Beaches and Recreation Director - Proposed ordinance pertaining to PROHIBITION OF FIBBING FROM THE WEST JETTY VIEW PARR. The City Attorney recommended that a period be added after the word "prohibited" in Section 11.20.040, and that the following subsequent language be deleted: ... "at 50 yard intervals along the perimeter of the Park." Notion was made to introduce ORDINANCE NO. 91 -18 as revised, and pass to second reading on May 13, 1991, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 11.20.040 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PROHIBITION OF FISHING FROM THE WEST JETTY VIEW PARK. 2. Proposed resolution to provide for construction, operation an maintenance of a NEW JAIL FACILITY. Upon recommendation of Council Member Hart and Mayor Pro Tem Turner, the following revised language was added to the proposed resolution: "NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport Beach supports the concept expressed in Measure J, of imposing an additional one -half cent sales tax for construction of the new County jail; "BE IT FURTHER RESOLVED, that the City Council is concerned that Measure J does not contain precise language identifying the specific projects to be funded with the additional revenue, prioritizing those projects, and restricting the use of funds to the projects specified; Volume 45 - Page 126 MINUTES (62) 91 -18 btn Fishg WJetty Vu (48) 1 • Motion All Ayes Motion All Ayes Motion All Ayes X , X x CITY OF NEWPORT BEACH April 22, 1991 "AND, BE IT FURTHER RESOLVED that the City Council would be able to support Measure J if the Criminal Justice Facilities Commission and Sheriff Brad Gates would, prior to the election, identify and prioritize the projects to be funded with the additional sales tax revenue and commit to use the revenue solely for the construction, operation and maintenance of the specified facilities or projects." Council Member Hedges indicated he did not know whether the subject resolution would only confuse the issue, and questioned if the Measure passes in its present form, will the City's resolution conditionally supporting said Measure have any effect. He felt it might be better to adopt a resolution opposing the Measure on the basis that Council Member Hart feels the Measure is flawed as presently written. During discussion it was indicated that the Council was in agreement that the proposed jail facility is definitely needed; however, they felt this Measure was put on the ballot too soon without the benefit of a more thorough study. Following consideration, motion was made to adopt Resolution No. 91 -35, as revised in the foregoing. 3. Report to the City Manager from the Planning Department regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON APRIL 4, 1991; and AGENDA FOR APRIL 18, 1991. Motion was made to schedule public hearing on May 28, 1991 for Use Permit No. 1889 and Use Permit No. 3412. Notion was made to schedule public hearing on May 28, 1991 for Modification No. 3810, and to receive and file the remaining actions. H. ORDINANCES FOR ADOPTIONS 1. Proposed ORDINANCE NO. 91 -16,- being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 20.08 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING TRANSPORTATION DEMAND MANAGEMENT REQUIREMENTS FOR CERTAIN NEW DEVELOPMENT. Volume 45 - Page 127 MINUTES Res 91 -35 Planning (68) U/P 1889/ 3412 Modifctn No. 3810 Ord 91 -16 Zoning TDM Rqrms (94) s-1 D im112;1:is, ROLL CALL N • x CITY OF NEWPORT BEACH Motion x Ayes x x x x x x Abstained x • April 22, 1991 Recycled "Revised" report dated March 25, 1991, from the Air Quality Management Plan Coordination Committee. The City Manager reminded the Council that the subject ordinance was revised in two areas at the last meeting as recommended by Mayor Pro Tem Turner and subsequently reintroduced. if it is adopted this evening, the ordinance will be forwarded to the County for transmittal to AQMD. Mayor Pro Tem Turner indicated he had reviewed the changes made at the last Council meeting, but felt they were not as comprehensive as he would like in the areas of Applicability, Employment Generation Factors and Site Development Requirements. However, following comments by staff and Council Members, no action was taken to amend the document. In view of the foregoing, motion was made to adopt Ordinance No. 91 -16. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: None. Meeting adjourned at 8:30 p.m. « « « « « « « « « « « « « The agenda for this meeting was posted on April 18, 1991, at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: City Clerk MINUTES Volume 45 - Page 128 Zoning/ TDM Rqrms