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Home My WebLink About04/12/1993 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING Chambers R: 12, 1993 ROLL C\RLL Vlk • Present Motion I x I x i x I x I x I x I x All Ayes Motion All Ayes C x Mayor Turner presented a Proclamation to City Librarian LaDonna Kienitz announcing NATIONAL LIBRARY WEEK, and recognising Wednesday, April 21, 1993 as CITY LIBRARY DAY. Mayor Turner also proclaimed Tuesday, April 20, 1993, as NATIONAL YOUTH SERVICE DAY. In recognition of two 50th WEDDING ANNIVERSARIES, Mayor Turner honored former Mayor and Council Member Donald Strauss and Dorothy Strauss; and last year's Mayor and Council Member Phil Sansone and Nadine Sansone. ROLL CALL Reading of Minutes of Special Meeting of March 16, and Regular Meeting of March 22, 1993, 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. Presentation by REGIONAL/ORBAN DESIGN ASSISTANCE TEAM/CENTRAL BALBOA BUSINESS DISTRICT. It was noted that in November 1992, the City Council made a formal request to the Orange County Chapter of the American Institute of Architect's to conduct a R/UDAT workshop for the Central Balboa business. district. The City of Newport Beach hosted the R/DDAT workshop on March 26, 27 and 28, 1993. Ron Baers of OCAIA stated the purpose of their study was to provide information useful in the preparation of a specific area plan for Central Balboa. The study focused on traffic, parking and the appearance of downtown Balboa. Representatives of the assistance team explained drawings on display relative to: 1) Vision and Land Use; 2) Circulation and Parking; 3) Architecture; and 4) Landscape Architecture and Streetscape Design. A formal report on their study containing details on the proposals and implementation will be presented to the City Council in two weeks. PUBLIC COMMENTS 1. Tamara Mason, Chairman of Bayview NOW, addressed the Council in support of an ordinance recently adopted by the City of Tustin prohibiting picketing of residential areas to preserve tranquility and to protect neighborhoods from harassment. She requested the City also consider enacting a similar ordinance. Mayor Turner advised that he was aware of the subject ordinance and has requested the City Attorney to investigate and report back. Volume 47 - Page 63 MINJTES INDEX R /UDAT Std Central Balboa Bayview NOW COUNCIL MEMBERS s ROLL CRLL • Motion All Ayes • C J CITY OF NEWPORT BEACH MINUTES April 12, 1993 INDEX Gang Task Force Ord 93 -3 Zoning (94) PCA 775 Ord 93 -4 Tow Truck Regs (70) Ord 93 -5 Building Flood Dmg (26) Pkg Rstctns St Sweepg/ Bal Is Res 93 -17 (85) 2. Council Member Debay complimented news reporter Bob Elston of the Los Angeles Times on his article that appeared Sunday, April 11, regarding the Ethnic Forum Group developed at Ensign Intermediate School. She stated the program is to take the emphasis away from gangs and gang - related activities, and inasmuch as she is on the City's Gang Task Force Committee, she felt the information in Mr. Elston's article will be helpful to their Committee. CONSENT CALENDAR X The following items were approved, except for those items removed. ORDINANCES FOR INTRODUCTION Schedule for public hearing on April 26, 1993: 2. Proposed ORDINANCE NO. 93 -3, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AMENDING DISTRICTING MAP NO. 3, SO AS TO ESTABLISH A 2.85 FOOT FRONT YARD SETBACK ON 3 TATS FROM THE EXISTING 10 FOOT WIDE CLUBHOUSE AVENUE EASEMENT ADJACENT TO THE BU123EUD ON THE RIVO ALTO CHANNEL (PLANNING COMMISSION AMENDMENT NO. 775). [Report from the Planning Department] Pass to second reading on April 26, 1993: 3. Proposed ORDINANCE NO. 93 -4, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.13.020, 040, 070, 100 AND 150 OF CHAPTER 5.13, AND SECTIONS 5.15.020, 040, 070, 100, 110 AND 120 OF CHAPTER 5.15 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO OPERATION OF TOW TRUCKS AND OFFICIAL POLICE TOW SERVICES. [Report from the Revenue Manager/Finance Division] 4. Proposed ORDINANCE NO. 93 -5, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FLOOD DAMAGE PREVENTION. (Report from the Building Director) 5. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 6. Resolution No. 93 -17 revising the existing NO PARKING restrictions for street sweeping from 8:30 a.m. to 12:30 p.m., on various days of the week on BALBOA ISLAND. (Report from Public Works /Traffic Engineering) Volume 47 - Page 64 INDEX Gang Task Force Ord 93 -3 Zoning (94) PCA 775 Ord 93 -4 Tow Truck Regs (70) Ord 93 -5 Building Flood Dmg (26) Pkg Rstctns St Sweepg/ Bal Is Res 93 -17 (85) COUNCIL MEMBERS CALL • • • CITY OF NEWPORT BEACH \%\J April 12, 1993 7. Resolution No. 93 -18 authorizing the completion of an ENGINEERING FEASIBILITY STUDY for the formation of an Assessment District for acquisition and maintenance of OPEN SPACE. [w /report from the City Manager] 8. CLAIMS - For Denial by the City Manager: Brian Foster for property damages as a result of Police Department search (allegedly in error) at 2973 Corte Portofino on March 20, 1993. John J. Gates for personal injuries as a result of trip and fall into pothole when stepping off bridge near Balboa Island on February 7, 1993, seeking reimbursement of insurance deductible only. Ara G. Malazian alleging his parked vehicle was hit by City truck in parking lot behind Harbor Elementary School at the Recreation Center on March 19, 1993. Traci Lynn Hilton alleging City truck backed into her vehicle at 15th Street and Placentia on March 9, 1993. Orange County Transit Authority alleging damage to bus as a result of passing over manhole cover on Pacific Coast Highway at Irvine Terrace on February 8, 1993. The following represent claims for reimbursement of back pay and /or uncompensated firearms training by City policemen: Stanley Bressler, Glenn C. Caldwell, Arb Campbell, Howard Eisenberg, David L. Fish, Bruce D. Foster, Todd Hughes, John Joyce, Steven P. Koudelka, Gerald A. Lowe, Alena M. Moon (Engle), Robert Morton, Bandy Slaughter, Richard G. Schulze, Eugene C. Senecal, Robert L. Stephens, Ronald A. Vallercamp, Anthony J. Villa, Jr., Edward F. Walsh, Gerald White, Jay M. Winn. 9. PUBLIC HEARING SCHEDULING - April 26, 1993: A. GENERAL PLAN AMENDMENT No. 92- 2(C) 6 LOCAL COASTAL PROGRAM AMENDMENT NO. 28 - Request to amend the Land Use Element of the General Plan so as to revise the area description for BAYVIEW LANDING to incorporate additional language required by the California Coastal Commission in the certification of Local Coastal Program Amendment 3 -92; and B. LOCAL COASTAL PROGRAM AMENDMENT NO. 28 - Request to amend the Local Coastal Program, Land Use Plan so as to revise the area description for BAYVIEW LANDING to incorporate additional language required by the California Coastal Commission in the certification of Local Coastal Program Amendment 3 -92; property located at 951 Back Bay Drive, on the northwesterly side of Jamboree Road Volume 47 - Page 65 MINUTES Stdy Res 93 -18 :(68) (36) Foster Gates Malazian OCTA m CPA 92 -2(C & LCPA 28 (45) COUNCIL MEMBERS \ *0V0 \\� Hof E is CITY OF NEWPORT BEACH April 12, 1993 between Back Bay Drive and East Coast Highway, across from the Villa Point Planned Community. [Report from the Planning Department] 10. PUBLIC HEARING SCHEDULING - April-26, 1993: AMENDMENT OF THE 1992 -93 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - Final statement, application for the Department of Housing and Urban Development (HUD) Section 108 Loan:and the proposed "Statement of Community Development Objectives and proposed Use of Funds" for the CDBG Program, 1993 -94 Fiscal Year. [Report from the Planning Department] 11. MARINAPARR MOBILE HOME SPACE NO. 1OR - Approve transfer of Space 10E from G. L. and Jacqueline Schaefer to Agnes E. Erickson. [Memorandum from the Deputy City Manager] MINUTES 1992 -93 (87) Sp 10E 12. RESUBDIVISION NO. 974 - Accept offer of Resub 974 dedication of five (5) feet of right =of- (84) way along the alley frontage located at 813 East Bay Avenue, in Central Balboa. [Report from the Public Works Department] 13. USE PERMIT N0. 3429 - Approve U/P 3429 irrevocable offer of dedication (88) agreement; authorize the execution of subject agreement and City Clerk to record with the Orange County Recorder. [Report from the Public Works Department] 14. ENCROACHMENT APPLICATION OF GERALD TRAUTMAN - Approve subject application to construct a curb cut in excess of 50% of property width at 4815 River Avenue to service a proposed two car garage and required off - street parking space. [Report from the Public Works Department] 15. HARBOR PERMIT APPLICATION 132 -201 - arbor Per - Approve, subject to conditions in the mit Apl staff report, application by GRC 132 -201 Restaurants to do maintenance work at (51) Reuben's Restaurant adjacent to the bulkhead at 251 East Coast Highway. [Report from the Marine Department] 16. HARBOR PERMIT APPLICATION 0018 -0056 - arbor Per - Approve, subject to conditions in the mit Apl staff report, application of Duncan 018 -0056 Macintosh to temporarily revise the (51) docks bayward of the Newport Dunes at 101 North Bayside Drive. [Report from the Marine Department] 17. EXCEPTION TO HARBOR PERMIT POLICIES - eel'M'N Approve, subject to conditions in the Harbor Per - staff report, application by Reel 'M'N it /Cmcl in conjunction with a request for a commercial harbor activities permit at Activities 3424 Via Lido. [Report from the Marine (51) Department] Volume 47 - Page 66 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Hof ,� s' April 12, 1993 ROLL CRLL 1111 f 4 18. E%CEPTION TO HARBOR PERMIT POLICIES - Gondola Co Approve, subject to conditions in the Harbor Per- staff report, application by the Gondola mit /Cmtl` Company in conjunction with a request Activities for a commercial harbor activities permit at 3419 Via Lido. [Report from (51) • the Marine Department] 19. NON- STANDARD IMPROVEMENTS ON CITY STREET Permit/ LIGHT POLES IN HARBOR RIDGE - Approve Harbor Rdg subject agreement for execution for St Lghtg installation, maintenance and liability (65) responsibility for certain non - standard encroaching improvements within the City's public utilities easement on City street lights and City Clerk to record with the Orange County Recorder. [Report from the utilities Department] 20. SPECIAL EVENTS APPLICATIONS - Uphold Bus Lic/ staff's recommendation to approve the Special following applications subject to Events conditions [Memorandum from the Revenue 'Manager): Apl (27) Application No. 93 -042 - Request of Apl 93 -042 Calvary Chapel of Costa Mesa to hold a series of free concerts at the Balboa Gazebo, Peninsula Park, on the following Saturdays: May 22, June 12, July 10, August 7, and September 4. Application No. 93 -049 - Request of Apl 93 -049 Duncan Macintosh to hold the 20th Annual Newport Harbor In- the -Water Boat Show at the Newport Dunes Marina from April 14 - • 18, 1993. Application No. 93 -052 - Request of Apl 93 -052 Balboa Bay Club to hold a Western-theme party, Western dance contest, belles fashion show and the 20th Annual California State Chili Cookoff on May 27, 1993 at the Balboa Bay Club, 1221 West Coast Highway. Application No. 93 -088 - Request of Apl 93 -088 Balboa Committee of Orange County Philharmonic Society for annual fundraiser June 5, 1993, at 2222 Channel Road, Bay Front. Application No. 93 -102 - Request of Apl 93 -102 Newport Ocean Sailing Association to install banners on approximately 100 light poles along Jamboree Road between East Coast Highway and Bayside, East Coast Highway between Irvine Terrace and Dover Drive, and Bayside Drive between Jamboree Road and East Coast Highway from April 13 - 30, 1993. Application No. 93 -106 - Request of Apl 93 -106 Newport Pier Merchants Association to • hold Newport Pier Day on May 15, 1993. Volume 47 - Page 67 COUNCIL MEMBERS ROLL CRLL • Motion All Ayes is x CITY OF NEWPORT BEACH \V"�o� \\ April 12, 1993 21. BA- 026, $2,500 - Increase in Budget Appropriations from Unappropriated Surplus Fund Balance to reflect a $2,500 donation from the Rotary Club to be spent on the 3RD ANNUAL SPECIAL OLYMPICS BASKETBALL TOURNAMENT; Parks, Beaches and Recreation Fund- Donation & Contribution. [Memorandum from the Parks, Beaches & Recreation Director] ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. Report from the Acting Chief of Police regarding proposed ORDINANCE NO. 93 -6, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 11.08.030 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO USE OF BEACHES AT NIGHT. Peter Beck, 2101 Seville Avenue, addressed the Council and stated he is a resident of Peninsula Point area and strongly opposes the proposed ordinance. He stated that many people use the beach at night who are not "troublemakers," and he felt the proposed curfew of 10 p.m. an inappropriate way of dealing with police related problems. As an alternative, he suggested the City drop the current curfew altogether and replace it with an ordinance (which in Europe is called "night- rest "), whereby between the hours of 10 p.m. and 6 a.m., it shall be unlawful to cause unnecessary noise. This could apply not only on the beach, but also in the Fun Zone as well as along Balboa and Newport Boulevards and Pacific Coast Highway. In conclusion, he felt that closing the beaches will not eliminate gang activities, it will only move them to another location. The City Attorney noted a correction to the proposed ordinance, in that subparagraph B (Corona del Mar beaches) should have been deleted; as a result, subparagraph C will now become B. Notion was made to introduce Ordinance No. 93 -6, as corrected, and pass to second reading on April 26, 1993. 22. Report from the Assistant City Attorney in response to petitions for reconsideration on the decision made by the City Council on March 22, 1993 for MASSAGE APPEALS BY CANDACE H. NGUYEN (USE PERMIT No. 3476), AND MYONG CHA DRAKE (USE PERMIT NO. 3478). Volume 47 - Page 68 MINUTES INDEX (40) PB &R (62) Ord 93 -6 Use of Beaches/ PB &R (62) Massage Appeals/ U/P Nos. 3476 & 347E (88) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROIL Cfl Ls T� �o� \\ mil 12, 1993 MINUTES TKMV Petitions for reconsideration by subject appellants. Motion x Notion was made to receive and deny the All Ayes Petitions for Reconsideration. 23. Recycled report from the Parks, Beaches PB &R /Star and Recreation Director dated March 22, pine Tree 1993 concerning TREE RETENTION REQUEST OF MR. AND MRS. WARREN LINDSAY - 2060 E. 2060 E.. OCEAN FRONT. Ocean Frnt (62) The City Clerk advised that after the agenda was printed, additional information was received from the Lindsays, as well as from their immediate neighbors at 2061 Ocean Boulevard, Leonard and Maria Connolly. Gregory Weiler, Attorney representing the Connollys, addressed the Council and stated that after repeated attempts to settle this matter in a neighborly fashion, the Lindsays refuse to maintain the tree so as not to obstruct the ocean view of the Connollys and the public. It has been determined that the planting and maintenance of the tree violate both uniformly applied City policies with respect to landscaping of street ends and the State Coastal Commission approved Local Coastal Program. In an effort to compromise, the tree has been trimmed back by the Lindsays, but a dispute still exists between the two • parties. Therefore, he urged the City Council to sustain the recommendation of the Parks, Beaches & Recreation Commission and order that the Star Pine tree be removed. Leonard Connolly, 2061 Ocean Boulevard, addressed the Council and stated that the Star Pine tree planted by the Lindsays in the public right -of -way is not in any of their photos or video taken after he moved into the subject home. He first saw the tree about two years ago and it has grown very rapidly since that time. In the spirit of compromise and to maintain good neighbor relations, he would be willing to accept the tree being there if it were trimmed to a height where it did not interfere with their view of the beach and ocean. Mr. Connolly added that the Lindsays offered to top the tree and give he and his wife a few days to decide whether it was topped enough. While this partially improved their view, they asked the Lindsays to cut down another level of branches or about one more foot from the top, which would leave the tree at about 8 -9 feet in height. The Lindsays expressed an unwillingness to trim the tree to this requested height, and that • is where the situation stands at this point. In view of being unable to come to an agreement with the Lindsays, Mr. Connolly recommended the Council uphold the recommendation of the Parks, Beaches & Recreation Commission to have the tree removed. Volume 47 - Page 69 CITY OF NEUORT BEACH COUNCIL MEMBERS s ROLL CRLL f April 12, 1993 MINUTES WilTi7 Annette Lindsay, 2060 E. Ocean PB &R /Star Boulevard, addressed the Council in Pine Tree support of retaining the Star Pine tree at the street and at M Avenue. She stated that the previous owners of 2061 Ocean Boulevard (prior to the Connollys) gave her and her husband the Star Pine tree and helped them plant it; they feel they are being harassed and discriminated against by the Connollys; the tree was just recently cut 7" below what the Connollys had requested, but now the Connollys want them to sign a legal agreement regarding the on -going maintenance and height of the tree. Mrs. Lindsay submitted photographs of the existing tree and stated that after trimming, it is approximately 10 to 11 feet in height. Maria Connolly, .2061 Ocean Boulevard, addressed the Council and expressed her view of the on -going dispute with the Lindsays, pointing out that when they bought their home in 1987, the Star Pine tree had not been planted and they have pictures to prove it; they also have pictures of the tree as they view it from their living room and how it obstructs the view of the beach and the ocean, as well as how it impacts other neighbors on M •Avenue; they have requested that the Lindsays execute an agreement stating they will keep the tree trimmed to a certain height in the future, but the Lindsays have refused • to sign. Kevin Lindsay, Attorney representing Mr. & Mrs. Warren Lindsay, also addressed the Council and stated that the subject tree is at least 10 years old and not only 5 years old as previously mentioned; the tree does not block the view of the Connollys; the tree has been trimmed and the Lindsays are willing to keep the tree trimmed. Motion x Hearing no other comments, motion was All Ayes made by Council Member Hedges to direct the Parks, Beaches & Recreation Department to trim the subject Star Pine tree so that it will not be higher than 9 feet, and that the tree be maintained at 9 feet by the Lindsays, or the City has the right to immediately remove it. CURRENT BUSINESS 24. OCEAN FRONT WALK AD HOC COMMITTEE. Ocean Frnt Wlk Ad Hoc Motion x Motion was made to confirm the following Committee Com mit Com All Ayes appointments to fill vacancies: • Bicycle Trails Committee (Representatives) Randy Johnson Joanne Lombardo Volume 47 - Page 70 CITY OF NEWPORT BEACH COUNCIL MEMBERS Raj \\A April 12, 1993 MINUTES li \b yl Meeting adjourned at 8:20 p.m. The agenda for this meeting was posted • on April 8, 1993 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Ci Mayor ATTEST: ��,VV r'tij °13. 9 „�\. ^.. kJ City C11erk . • • Volume 47 - Page 71