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HomeMy WebLinkAbout10/12/1992 - Regular MeetingPresent Motion All Ayes MJ* All Ayes s • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PIACE: Council Chambers TINE: 7:00 P.M. DATE: October 12, 1992 ROLL CALL Reading of Minutes of Meeting of September 28, 1992, was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. PUBLIC HEARINGS 1. Mayor Sansone opened the public hearing regarding CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG 62ND STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY. Report from the Public Works Department. The Public: Works Director reported that on September 14, 1992, the City Council directed :staff to use the procedures of Chapter 27 of the Improvement Act of 1911 to complete construction of curb, gutter and sidewalk along a portion of West Pacific Coast Highway as depicted on the drawing on display. Sidewalks exist along other streets in the vicinity and along 62nd Street, except at this location. This project is proposed to be funded by both the City and the property owners, with the City responsible for reconstructing the pavement and the cross gutter and curb returns at the Newport Shores Drive intersection. The estimated cost of the construction is $30,000, of which approximately $8,800 may be assessed against four adjoining properties which are outlined in the staff report. The four estimated assessments will be surcharged 20% to reimburse the City for engineering, management and contract administration. The remaining con- struction costs are for items of work of City responsibility, such as removal and replacement of the street pavement, constructing curb access ramps, and cross gutters, etc. The work, when completed, includes correction of some drainage problems, reconstruction of deteriorated pavement and completion of curbs and sidewalks as a follow -up to the recent improvements on West Coast Highway. The Public Works Director noted that one protest has been received from Eugene R. Kirkpatrick, representing property owners of the southeast corner of Newport Shores Drive and 62nd Street. He advised the City Council that they have within their discretion the ability to order the improvement work to be done regardless of whether there are protests or not when the existing street improvements constitute 508 or more improved. Volume 46 - Page 331 MINUTES Crb /Gtr 62nd St (74) COUNCIL MR • • Motion • ;12;1:12 CITY OF NEWPORT BEACH x October 12, 1992; Mike Hoskinson, owner of Spagetti Bender, 6204 West Coast Highway, addressed the Council in opposition to the proposed assessment. He stated that he felt he should not be assessed for the improvements and that the work should have been done when Coast Highway was widened in this area. He stated that his restaurant generates approximately $10,000 in sales tax revenues annually for the City, and as a result, he felt he should not have to pay for the proposed work. He also stated Helen Caywood, property owner of the liquor store adjacent to the Spagetti Bender, is opposed to the assessment:, but was unable to attend this meeting. Marc Roy, representing property owners on the southeast corner of Newport Shores Drive and 62nd Street, addressed the Council in opposition to the assessment. He stated that it is their contention it is unfair for the property owners to pay for the improvements on 62nd Street which will benefit all of Newport Shores; secondly, when the structure was constructed at the above location, asphalt street improvements were made to 62nd and paid for by the property owners and, therefore, they do not feel it is appropriate to have to pay any additional costs. Hearing no one else wishing to address the Council, the public hearing was closed. Council Member Plummer pointed out that the Newport Shores area during the last eight years has "slowly but surely" replaced its sidewalks and that this particular area in question is the last section without sidewalks. She felt it is the responsibility of the property . owner to complete the improvements as it will benefit the entire area. Therefore, she moved to direct staff to continue with the procedures of Chapter 27 of the Improvement Act of 1911 to complete construction of curb, gutter and sidewalk along 62nd Street between Newport Shores Drive and Pacific Coast Highway. In response to questions raised during discussion, the Public Works Director advised that when Coast Highway was widened, the frontages which affected the Spagetti Bender parcel, the Caywood parcel and half -way around the corner of 62nd Street, were improved at no cost to the property owner; however, there are still deficiencies that currently exist, which are uncompleted curbs and sidewalks, deteriorated pavement, and drainage problems. He stated it is the responsibility of adjacent property owners to pay for initial construction of abutting street improvements, and the City maintains the improvements once completed. Volume 46 - Page 332 MINUTES Sdwlk /Crb/ Gtr /62nd Si v h Motion Ayes Noes • All Ayes i • X I X I X I X I X I X CITY OF NEWPORT BEACH MINUTES October 12, 1992 INtEX Following consideration, motion was made by Council. Member Hedges to continue this matter for 30 days in order for the affected property owners to obtain additional information regarding the proposed improvements and exactly what benefits they will receive as a result of the work, which motion FAILED. The original motion made by Council Member Plutmner was voted on and carried. 2. Mayor Sansone opened the continued Finance/ public hearing concerning proposal to Hoag Rvnu issue Revenue Refunding Bonds (HOAG Bonds MEMORIAL HOSPITAL PRESBYTERIAN). (40) Report from the City Manager. The City Clerk advised that after the agenda was printed, a letter was received from Jan Vandersloot, 2221 16th Street, in opposition to the proposal by Hoag Hospital for the reasons as enumerated. in his letter. The City Manager summarized his report noting that at the September 28, 1992 City Council meeting, the hearing on the proposed revenue bond issue was opened and continued to tonight to respond to public comments and questions of the City Council. He stated that he has addressed the major concerns in his report, as well as include a list of questions and answers prepared by Hoag Hospital. He believes the key issue is why the City should assist Hoag Hospital through authorizing the use of the City's tax- exempt status. on a purely philosophical level, a city is a successful. combination of many factors, including the mix of land uses, the quality of public services, the availability of housing, open space opportunities and various other amenities. Certainly one of the key factors in achieving a successful community is having a quality health care facility and health care providers. The City is now fortunate to have a very high quality hospital in Hoag and its success has attracted a very high quality physician to our immediate region. The perpetuation of this asset is in the City's long term interest. Since there is no cost to the City in approving the issue and very little or no risk, it simply is in the community's interest to do so. Therefore, he recommended the City Council approve a resolution authorizing the sale of Hoag Hospital 1992 Revenue Bonds and authorize City staff to take the necessary steps to close the bond sale. Council Member Hart indicated that her concerns brought up at the last Council meeting had been satisfactorily addressed in the City Manager's report. Volume 46 - Page 333 L II r iea • CITY OF NEWPORT BEACH \"\ October 12, 1992. The following persons addressed the Council in support of Hoag's request: Robert E. Badham, 1327 Antigua Way Norris Battin, 200 Via Quito Dennis O'Neil, 608 Seaward Road Jackie Heather, 1500 Dorothy Lane Jim Dale, 616 St. James Road Some of the reasons given for supporting the proposal by the above speakers were as follows: 1) refinancing is very popular these days and the interest rates are such it behooves Hoag to refinance this bond issue and increase that bond amount to take care of some of the new improvements, 2) the credit rating of Hoag Hospital is one of the highest in the County; 3) this bond issue proposal is a prudent business decision to enhance Hoag's revenue sources, and to take advantage of some very favorable interest rates; 4) Hoag Hospital continues to provide excellent health care; 5) Hoag was not aware of this revenue bond proposal when the City Council considered Hoag's Master Plan a few months ago. Michael Stephens, President, Hoag Hospital, addressed the Council stating that the issue under consideration is refinancing the current revenue bonds in the interest of cost containment, and the cost of securing and marketing the bonds at the lower interest rate will both be enhanced by the recommended action. He also emphasized that there is no direct relationship to this bond issue and Hoag's Master Plan. He urged the Council to approve the refinance proposal in the interest of the hospital and the community it serves. In response to comment of Council Member Hart regarding the $200,000 the City will be receiving from Hoag, Mr. Stephens stated in their opinion, it should be left to the discretion of the City Council as to how the money is spent. John Miller, P.O. Box 1475, addressed the Council in opposition to the proposal by Hoag Hospital. He stated he does not think it will do any good for the City and sees no point in approving the request. Hearing no others wishing to address the Council, the public hearing was closed. As a result of a comment made by Council Member Watt, the City Manager reiterated and clarified for the benefit of those in the audience and viewing this issue on television, that current Federal tax provisions permit municipalities to assist qualifying non - profit health care facilities through the issuance of debt which is tax - exempt and as a consequence, carries a lower interest Volume 46 - Page 334 MINUTES INS( loag Rvnu Bonds Mo n • Motion A4 0s Noes COUNCIL MEMBERS X X CITY OF NEWPORT BEACH \ \\ October 12, 1992 X rate for the borrowers. A lower interest rate translates to lower operating costs for the hospital and can presumably be passed onto users of the facility. X Following consideration, motion was made by Council Member Cox to adopt Resolution No. 92 -108 authorizing the issuance of not to exceed $98,500,000 aggregate principal amount of the City of Newport Beach variable rate demand Reva Bands (Hoag Memorial Hospital Presbyterian), Series 1992. It was pointed out that the City assumes no liability in the issuance of these bonds, and in addition will receive $200,000. Council Member Hart requested the maker of the motion to include in the action that the $200,000 received from Hoag Hospital will be spent in the area of the hospital. Council Member Cox stated he will not include the above suggestion in his motion because inasmuch as Hoag Hospital serves all of the City, the money will be spent in Newport Beach. He also felt this was not the appropriate time to consider where or how the funds will be spent. Council Member Hart stated she felt it was incumbent upon the City, in looking at this public /private partnership, that the money Hoag gives to the City be spent in the area so that the hospital benefits as well as the City. In view of the foregoing, Mayor Sansone made a substitute motion to approve the motion made by Council Member Cox, and In addition, that the $200,000 received. from Hoag Hospital be spent to landscape the area immediately adjacent to the hospital. Council Members Cox and Turner requested the issue of the $200,000 be straw -voted separately from the revenue bonds, as they fell: the Council should look at alternatives and what is good for the City at large. Council Member Hart referenced the City Attorney's memorandum dated September, 23, 1992, where it states in the third paragraph: "Hoag has agreed to contribute approximately $200,000 towards the construction of public improvements in the vicinity of the hospital." X The substitute motion was voted on and X carried. Mayor Sansone requested the record reflect that those who opposed the motion did so only as to how the $200,000 will be spent. Volume 46 - Page 335 MINUTES Rvnu CITY OF NEWPORT BEACH o � I` October 12, 1992 MINUTES wa MULL t,MLL Council Member Hedges spoke against the Hoag Rvnu above remark by the Mayor and stated he Bonds did not like the way in which the motion was structured. He indicated the City • should not be spending funds on landscaping in view of another drought year, and inasmuch as the City has just cut back on employees as well as capital projects. In response to question raised by Council Member Turner regarding the foregoing motion, the City Attorney stated that, in his opinion, the Council has the authority to determine how it will spend. the $200,000 at this time. PUBLIC COMMENTS 1. Bill Schoulau, President of West Newport Beach Association, invited the City Council to attend the City Council Candidate Debate Forum on Wednesday evening, October 28 in the City Council Chambers of City Hall. 2. Norris Bat:tin, 200 Via Quito, spoke in support of Council Member Hedges' remarks regarding the $200,000 the City will be receiving from Hoag Hospital and how it should be spent, and suggested the matter be reconsidered. 3. Mayor Sansone announced that the City Council Candidate Forum to be held at • the Friends of the Oasis on October 13, which is sponsored by the Corona del. Mar Community Association, is scheduled for 7 p.m. and not 3 p.m. as stated on the community cablevision channel. 4. Council Member Watt stated that the $200,000 the City will be receiving from Hoag Hospital is "part and parcel" of what the City Council has been discussing for some time, and inasmuch as the Council did reduce some of District Three's budget for beautification of the area in question, she does not see any conflict in the action the City Council just took. CONSENT CALENDAR Motion x The following actions were taken, except for All Ayes those items removed: ORDINANCES FOR INTRODUCTION - Schedule for Public Hearing on November 9, 1992: 3. Proposed ORDINANCE NO. 92 -45, being, Ord 92 -4 Zoning AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF' NEWPORT BEACH AMENDING i94) • DISTRICTING MAPS NOS. 2 -6, 9 -11, 13 -19, 21, 22, 22 -A, 23 -27, 30, 32, 37, 38, 41, 42, 44, 48 -50, 60, 61, 65 -67 RECLASSIFYING SPECIFIC PARCELS CITY -WIDE FROM THEIR CURRENT ZONES OF AP, APB AND MIA, TO APF. FROM AP [0.8] TO APF [0.8]; FROM C1 AMD U, TO RSC, FROM CIE, COE, Volume 46 - Page 336 : IN • • • CITY OF NEWPORT BEACH \ \\ October 12, 1992 AND CNH TO BSC -H; FROM CIR TO RHC -H; FROM COZ to RSC -Z; AND FROM R3 (2178) TO APF, TO CREATE CONSISTENCY BETWEEN THE DISTRICTING MAPS, CHAPTER 20.33 OF THE ZONING CODE AND THE GENERAL. PLAN LAND USE ELEMENT AMENDMENTS APPROVED ON October 24, 1988 (PLANNING COMMISSION AMENDMENT NO. 771). Report from the Planning Department covering agenda items 3 - 5. 4. Proposed ORDINANCE NO. 92 -46, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NUNICIPAL CODE SO AS TO AMEND CHAPTERS 20.01, 20.06, 20.68, 20.70, AND 20.74 TO ADD REFERENCES TO THE RETAIL AND SERVICE COMMERCIAL (RSC), ADMINISTRATIVE, PROFESSIONAL, & FINANCIAL COMMERCIAL (APF), AND RECREATIONAL & MARINE COMMERCIAL (RMC) ZONING DISTRICTS (PLANNING COMMISSION AMENDMENT NO. 772) 5. Proposed ORDINANCE NO. 92 -47, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO AMEND CHAPTER 20.33 (COMMERCIAL DISTRICT REGULATIONS) TO PERMIT FREE - STANDING ANCILLARY COMMERCIAL USES IN THE ADMINISTRATIVE, PROFESSIONAL, AND FINANCIAL COMMERCIAL (APF) DISTRICT; TO AMEND CHAPTERS 20.68 AND 20.79 TO PROVIDE CONSISTENT USE OF THE TERMS "ACCESSORY" AND "ANCILLARY;" AND TO AMEND CHAPTER 20.87 TO ADD A DEFINITION FOR THE TERN "IISE - ANCILLARY." (PLANNING COMNISSION AMENDMENT NO. 774). RESOLUTIONS FOR ADOPTION 6. Resolution No. 92 -109 making findings on sufficiency of petitions from property owners concerning UNDERGROUNDING UTILITIES IN BLOCK 5, EAST NEWPORT; (City block bounded by W. Bay Ave., 7th St. , Balboa Blvd., and 8th St.) proposed Assessment District No. 66. [Report from the Public Works Department covering agenda items 6 - 111 7. Resolution No. 92 -110 making appointments in proposed Assessment District No. 66. 8. Resolution No. 92 -111 adopting boundary 6p for proposed Assessment District No. 9. Resolution No. 92 -112 of Intention covering preliminary determination to order improvements in proposed Assessment District No. 66; ordering preparation of an Engineer's Report; and providing for the issuance of bonds. Volume 46 - Page 337 Q1 :N: *: C CITY OF NEWPORT BEACH COUNCIL MEMBERS \ \a October 12, 1992 10. Resolution No. 92 -113 confirming the environmental documentation (Categorical Exemption) for proposed Assessment District No. 66. MINUTES Asmt D66 Res 92 -113 (89) 11. Resolution No. 92 -114 passing on the Asmt D66 Engineer's Report for proposed Res 92 -114 Assessment District No. 66; giving (89) preliminary approval to the report; and setting a public hearing on the Resolution of Intention for 7:00 P.H. on November 23, 1992. 12. Resolution No. 92 -115 MEASURE "M" SUPER PW /Measure STREET PROGRAM, FEASIBILITY STUDY FOR M SSPF Std MACARTHUR BOULEVARD; and authorizing Res 92 -115 submittal to the Orange County (74) Transportation Authority (OCTA). [Report from the Public Works Department] STAFF AND COMMISSION REPORTS For Council information and filing: 13. Report to the City Manager concerning Planning (68) actions taken by the PLANNING COMMISSION AT THEIR MEETING OF SEPTEMBER 24, 1992. PUBLIC HEARING SCHEDULING October 26, 1992 - 14. Report from the Planning Department concerning: A. GENERAL PLAN AMENDMENT NO. 92 -2(A) - GPA 92 -2([ (45) A request to amend the Land Use Element of the Newport Beach General Plan so as to redefine the permitted commercial entitlement of Lower Castaways (Castaways Marina) from 40,000 sq. ft. of recreational and marine commercial to a 71 slip marina with related marina support and parking facilities; AND B. LOCAL COASTAL PROGRAM ANENDMENT NO._ JLCPA 30 30 - A request to amend the Newport Beach Local Coastal Program Land Use Plan so as to redefine the permitted commercial. entitlement of Lower Castaways (Castaways Marina) from 40,000 sq. ft. of recreational and Marine commercial. development to a 71 slip marina with related marina support and parking facilities. 15. Removed from the Consent Calendar. Public hearing scheduling for November 9,.1992 16. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CDBG/ 1992 -93 - Proposed One Year Action Plan 1992 -93 to the approved five -year CHAS. [Report (87) from the Planning Department] Volume 46 - Page 338 COIL MEMBERS ERIN • • X CITY OF NEWPORT BEACH October 12, 1992 17. BALBOA BOULEVARD REHABILITATION FROM 23RD STREET TO 32ND STREET; PLACENTIA AVENUE AND SUPERIOR AVENUE REHABILITATION (C -2910) - Uphold staff's recommendation to affirm the Categorical Exemptions of Environmental Impact; approve the plans and specifications; and authorise the City Clerk to advertise for bids be opened at 11:00 A.M. on November 10, 1992. [Report from the Public Works Department] 18. Removed from the Consent Calendar. 19. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following application, subject to conditions in the staff report from the Revenue Manager: Application No. 92 -411 - Request of Newport Harbor High School for a fireworks show during their homecoming football game on October 30, 1992, between 8:15 and 8:4.5 p.m. 20. Removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 15. Report from the Planning Department regarding: A. GENERAL: PLAN AMENDMENT NO. 89 -2(H) - Request to amend the Land Use Element of the General Plan so as to redesignate property at 124 Marine Avenue from "Retail Service Commercial" (RSC) to "Government, Educational, Institutional Facilities:" (GEIF) and property located at 323 Marine Avenue from GEIF to RSC. The proposal also includes the acceptance of an Environmental Document; U iE B. Local Coastal Plan Amendment No. 19 Request to amend the Local Coastal Program Land Use Plan so as to redesignate property at 124 Marine Avenue from "Retail Service Commercial" (RSC) to "Government, Educational, Institutional Facilities" (GEIF) and property located at 323 Marine Avenue from GEIF to RSC; located in Lots 17 and 18, Block 2, Section 4, Balboa Island, at 124 Marine Avenue, on the southeasterly corner of Marine Avenue and Park Avenue (new fire station site); and Lot 25, Block 13, Section 4, Balboa Island, located at 323 Marine Avenue, on the westerly side of Marine Avenue, between Balboa Avenue and North Bay Front (existing fire station site) on Balboa Island; UUE Volume 46 - Page 339 MINUTES Bal B1 Re- 32 St Superior C -2910 (38) Special Events (27) 1 92 -411 (45) 89 -2(E 19 CODICIL MMERS • Motion All Ayes • x CITY OF NEWPORT BEACH `1 s. October 12, 1992 IImEX C. Planning Commission Amendment No. 750 PCA 750 Request. to amend a portion of (94) Districting Map No. 14 so as to reclassify the subject property from the C -1 District to the GEIF District; Proposed ORDINANCE being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING NAP N0. 14 s0 AS TO RECLASSIFY THE PROPOSED FIRE STATION PROPERTY LOCATED AT 124 MARINE AVENUE FROM THE C -1 (LIGHT COMMERCIAL) DISTRICT TO THE GEIF (GOVERMMMAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES) DISTRICT; Ii 1 , D. Use Permit No. 3436 - Request to U/P 3436 permit the establishment of a new fire station facility on property proposed to be rezoned to the GEIF (Government, Educational, Institutional Facilities) District. The proposed project would also include the construction of public restroom facilities within the same building; AND E. Resubdivision No. 976 - Request to lResub 976 resubdivide two existing lots into a single parcel of land so as to establish a building site for a new fire station facility on Balboa Island; r Ul F. Variance No. 1182 - Request to permit Var 1182 construction of the finished first floor of the proposed fire station below the base flood elevation; located in Lots 17 and 18, Block 2, Section 4, Balboa Island, located at 124 Marine Avenue, on the southeasterly corner of Marine Avenue and Park Avenue (new fire station site), on Balboa Island. Notion was made to defer introduction of this item to October 26, 1992 when a revised report will be coming back from the Planning Department. 18. Report from the Public Works Department Jambre Rd with recommendation to approve the plans Rehab /Frd and specifications (Categorical Rd- S /Brsr Exemption affirmed on March 23, 1992) for JAMBOREE ROAD REBABILITATION FROM C -2910 FORD ROAD TO SOUTH BRISTOL STREET (38) (CONTRACT 2910); and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on November 12, 1992. In response to question raised by Mayor Sansone, the Public Works Director stated that the gas company's plans have been prepared, checked, corrected, and are ready to go. The gas company has also ordered the pipe and contracted the work to meet the City's schedule. Volume 46 - Page 340 Motion All Ayes • • Motion All Ayes • X CITY OF NEWPORT BEACH MINUTES October 12, 1992 In view of the foregoing remarks, Mayor Sansone moved to approve the recommended action. 20. COUNCIL TRAVEL AND EXPENSE CLAIM - Coup Request to approve Council Member Hart's Expe expense in the amount of $250 to attend (33) meeting in Sacramento on September 15, 1992, to attend the Governor's GIS Task Force meeting as the elected official for California. In response to questions raised by Council Member Hedges as to the purpose of Council Member Hart attending the Governor's Geographic Information Systems task force meeting in Sacramento, Council Member Hart stated that she had recently been appointed by the Governor as the elected official representing California, along with the Director of Planning for the State, and representatives from the Department of Equalization, etc. It is their goal to synchronize private enterprise as well as public enterprise to establish joint use of geographic information systems. The reason she was appointed to this committee is because the City currently has a geographic information system in operation. Off -shore drilling is one of the subjects they are attempting to obtain information on, as well as tracking information underground and above ground. The program is something all cities will hopefully benefit from. She has only been receiving technical staff reports as yet, because they are still in the technical information gathering stage. The committee should be starting to adopt policy at their next meeting, and then reporting back to the City. She has only attended three meetings, and the first two trips were much less expensive due to the lower air fares at that time. Mayor Sansone advised that he had authorized Council Member Hart's trip to Sacramento not only because of its importance, but due to the reasonable cost. He stated he will also approve her next trip as he felt integration of the geographic information system among cities could prove very useful. He, therefore, moved to approve Council Member Hsirt's travel expense claim in the amount of $250. 21. Report from the Marine Department Harb recommending denial of the subject Perm application; or referral to the Apl Tidelands Affairs Committee for review 3704 and report back concerning HARBOR PERMIT APPLICATION 673 -3704 BY MARY BACCARO - Bacc Request to revise the residential pier (51) and float bayward of 3704 Canal Place. It was noted that this application was before the City Council as required by Section 5.B of the Harbor Permit Policies, which states: Volume 46 - Page 341 637- CITY OF NEWPORT BEACH • Motion X "Prior approval of the City Council will be required before the Marine Department may issue any permit that does not conform to Standard Drawings and the adopted Harbor Permit Policies." The applicant's proposal differs from the Standard Drawings in two aspects: (1) the ramp does not come off the residential pier, but comes directly off the bulkhead. The pier then, has no connection with the ramp and float and is actually an extension of the applicant's backyard; and 2) the float does not maintain the minimum 18 foot distance from the bulkhead as required by the Standard Drawing. The applicant is asking, that the Council make an exception to the Standard Drawing and allow the float and pier in the configuration he proposed. Section 24 of the Harbor Permit Policies allows for exceptions; to the Standard Drawings as enumerated in the staff report. It was further pointed out that the majority of the floats on Newport Island and in West Newport are in the Standard Drawing configuration. Discussions with the Public Works Department indicate the existing design was developed mainly for the following reasons: to reduce the potential impact of dredging on adjacent bulkheads and to limit the numbers and sizes of -vessels that could be berthed at the residential properties in these channels because lot sizes are generally small and the channels are narrow. Council Member Hart, Member of the Tidelands Affairs Committee, stated that the Committee did view the dock at the subject site and felt it would be quite unusual and very difficult for boats to maneuver in that small channel if the dock were configurated in the position requested by the applicant; therefore, she moved to deny the subject application. Pete Baccaro, representing his mother who owns 3704 Channel Place, addressed the Council in support of her request. He submitted photographs of various docks in the area, and stated that the channel in question is 85 feet in width; he felt the reasons set forth in the staff report for denying the application are unfounded as they are only asking to reverse the dock and make repairs as others in. the area have been allowed; they believe they are in the "spirit" of the Harbor Permit policy in making their request; and the only requirement they do not comply with pursuant to the Standard Drawings is that it shows an 18 foot minimum from the bulkhead line to the land side of the float. Volume 46 - Page 342 MINUTES Harbor Per Baccaro r is a a•:. • CITY OF NEWPORT BEACH October 12, 1992 Mr. Baccaro cited some of the existing floats in the channels west of Newport Boulevard that have approval of the Marine Department: 410 River Avenue, 408 38th Street, 500 38th Street, 3603 Finley Avenue, 3304 Marcus, 3306 Marcus, etc. He :stated this was only a sample of reverse docks and docks which are less than 18 feet from the bulkhead in the area. He also has met with the Harbor Patrol Department who viewed the site and ,stated the proposal poses no threat to navigation. In conclusion, he stated he felt they meet all the permit requirements, including the Standard Drawings, and that the request should be approved. Tony Melum, Tidelands Administrator, referenced the number of docks cited by Mr. Baccaro which do not conform to the Standard Drawings, and stated that it has been the policy of the Marine Department over the years to issue new permits that follow the Standard Drawings. Permits that are in existence prior to adoption of the Harbor Permit policies and Standard Drawings are allowed to be maintained, if issued under a valid permit, and can be rebuilt in their permitted configuration. The Public: Works Director reported that his department has reviewed the subject application in some detail, and the West Newport channels in general have very short bulkheads. One of the reasons for the configuration represented in the Standard Drawings for West Newport floats which require the boats to be moored parallel to shore rather than perpendicular to shore at a minimum distance of 18 feet from the bulkhead, is because of the short bulkhead, and therefore, it is neither practical nor desirable to dredge the water to a deep enough depth to allow boats to be moored closer to the bulkhead. In this particular case, the situation is even worse than for many others in that the existing 'bulkhead wall is apparently a very old board -in -place wall with a very shallow toe depth. In discussing this matter with Mr. Baccaro, he stated he conveyed to him that, in his opinion, it was not in his own property interest to seek the configuration desired, but he was unable to persuade Mr. Baccaro to withdraw the application. In conclusion, he stated that the Public Works Department concurs in the recommendation of the Marine Department to deny this application. Mr. Baccaro addressed the Council again and spoke in rebuttal to the above remarks of the Tidelands Administrator and Public Works Director. He stated that 410 River Avenue and 408 38th Volume 46 - Page 343 MINUTES 1 ❑iD Pern COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH October 12, 1992 Street have new docks which do not comply with what previously existed; the bulkhead in question is brand new and they do not intend to perform any dredging and will make that a part of the condition of approval if necessary; they pose no threat to navigation and they should be allowed to have what their neighbors enjoy. Council Member Plummer, also a Member of the Tidelands Affairs Committee, stated that when the Committee viewed the site, they could vision real problems with allowing Mr. Baccaro to extend the dock pursuant to the proposed configuration because of the close proximity to Balboa Coves which is across from the subject dock. She also felt that if the subject application is allowed, it could set a precedent. In response to concerns expressed by Council Member Hedges, the Public Works Director summarized the difference between the Standard Drawings relative to residential floats in West Newport Channel, and the applicant's proposed revision as depicted on the third and fourth pages of the staff report. Mr. Melum stated that even though the applicant is willing at this time to not do any dredging, just the fact that the dock is oriented the way it is, it gives the boat the potential, with its propeller :a, to get closer to the bulkhead and possibly undermine the bulkhead. Permitting activity close to the bulkhead area can also have an affect on the sediment. The City Attorney made reference to Council Member Hart's earlier motion to deny the subject application, and recommended the following findings be included with that motion: 1. The proposed revision does not comply with adopted Harbor Permit policies and Standard Drawings for piers in West Newport Channel. 2. The proposed revision to the dock which would allow berthing of boats perpendicular to the bulkhead may require dredging near the bulkhead or increased propeller activity near the bulkhead, thereby increasing the potential for bulkhead failure. 3. The proposed revision has the potential to increase the size and number of vessels berthed at the location, and on a cumulative basis with other properties in the area, could contribute to vessel congestion in an area characterized by narrow channels. Council Member Hart agreed to include the above in her motion. Volume 46 - Page 344 MINUTES Peru CITY OF NEWPORT BEACH COUNCIL MEMBERS VA\VVA\ October 12, 1992 Motion • X Ayes x Noes x x x x x x All Ayes • • Council Member Hedges moved a substitute motion to refer this item to the Tidelands Affairs Committee to review a configuration other than standard which may be appropriate. Council Member Hedges indicated he made the above motion because of conflicting testimony between the staff and Mr. Baccaro. Following comments, Council Member Hedges revised his substitute motion to approve the standard configuration presented by Mr. Baccaro for 3704 Channel Place, and that the Tidelands Affairs Committee review other configurations which can also be considered as standard configurations in matters such as the one under consideration. Mr. Melum advised that he has just reviewed the photographs submitted by Mr. Baccaro earlier in the meeting, and indicated they do not represent any inconsistent action on the part of the Marine Department. The substitute motion as made by Council Member Hedges was voted on and FAILED. The original motion made by Council Member Hart, and amended with findings for denial, was voted on and carried. 22. Report from the Deputy City Manager urging Federal action regarding AEROSPACE REFUND. The City Manager stated as the Council may be aware, the California Courts upheld the claim of a consortium of aerospace companies for a refund of State and. local sales tax funds. The amount of initial claims is approaching $1 billion, and subsequent action may double that amount; therefore, it would have a definite impact on the City of Newport Beach with the potential liability being approximately $500,000. As a result, it is recommended the City Council adopt a resolution urging the President of the United States and responsible Federal officials to recognize the severe economic hardship to the people of California created by the Aerospace refund and to take appropriate actions to forgive, or mitigate the costs thereof. Council Member Hart stated that she just returned from the League of California Cities Annual Conference in Los Angeles, and that the Orange County Division unanimously adopted a recommended State resolution on this subject, which will be voted on tomorrow at the General Membership meeting of the League. Finance Directors and other key people will be in attendance to give testimony in support. Volume 46 - Page 345 MINUTES wa Harbor Per Baccaro 48) latio � a r a •:. :tom •,, . CITY OF NEWPORT BEACH October 12, 1992 Motion x Motion was made to adopt Resolution No. All Ayes 92 -116, urging Federal action to mitigate the Aerospace decision. 23. Report from the Police Chief regarding CLOSURE OF FOUR ENTRY STREETS TO HARBOR • VIEW HILLS AREAS, SATURDAY OCTOBER 31, 1992 HOURS). (EVENING It was noted Halloween nights have resulted in increased crowds and related problems in the Harbor View/Newport Hills area, and that this year, the homeowners associations have requested additional police resources to specifically patrol the area, and that the City Council adopt the appropriate resolution to restrict vehicular access to the neighborhood. Motion x Motion was made by Council Member Cox to All Ayes adopt Resolution No. 92 -117, authorizing closure of subject entry streets during the evening hours as set forth in said resolution. 24. Report from the Deputy City Manager regarding Executive Steering Committee for the WEST NEWPORT COMPREHENSIVE PLAN AD HOC COMwrmTKE • The City Clerk advised that after the agenda was printed, a petition was received with over 200 signatures from residents in the West Newport area, • opposing the composition of this Committee, and requesting that a minimum of two additional representatives from the West Newport Beach Association be chosen by the Association and appointed to the Committee. The City Manager stated that after the Council made appointments to this Committee, many residents expressed concerns that there was no representa- tion from the West Newport Beach Association who have been heavily involved in many issues affecting the area. Motion x Council Member Cox stated he felt the Council should respect the request and let the Committee get on with the real issue, and therefore, moved to adopt Resolution No. 92 -115, adding two additional. members to the Committee and appoint the following representatives from the West Newport Beach Association: Jerry Cobb and David Bent Jerry Cobb, 6304 W. Ocean Front, President of West Newport Beach • Association, addressed the Council and requested that Cindy Gittleman who resides at 4705 Seashore Drive serve in his place, inasmuch as she lives in the severely impacted area. Volume 46 - Page 346 MINUTES St Closure Hrbr Vu H1: (65) 92 -117 Cmprh Ad Hoc (24) Res 92 -IIE s, s, .All Ayes • • • CITY OF NEWPORT BEACH October 12, 1992 Council Member Cox stated he had no objection to the above substitution, and the motion was voted on and carried to appoint: David Bent and Cindy Cittleman, Representatives from hest Newport Beach Assn. Meeting adjourned at 8:50 p.m. * * *itm�rarr� *m * *m The agenda. for this meeting was posted on October 8, 1992 at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: O Volume 46 - Page 347 MINUTES w01