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HomeMy WebLinkAbout08/09/1993 - Regular MeetingCOUNCIL MEMBERS s � ROLL CALL Pot Motion All Ayes Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: August 9, 1993 INDEX Ord 93 -20 Zoning_ (94) PCA 78'2 Streets/ Highways Res 93 -59. (74) Fee Res 93 -60 (40) Fee Res 93 -61 (40) Annexation. 92- Seaward Res 93 -62 Mayor Turner and City Manager Kevin Murphy honored former Acting Police Chief Jim Jacobs with a plaque, proclamation and video tape for his dedicated and loyal service to the City during the interim period from October 1992 to August 1, 1993. x x x x x x x ROLL CALL x Reading of Minutes of July 26, 1993, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. CONSENT CALENDAR X The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION Schedule for public hearing on August 23, 1993: 1. Proposed ORDINANCE NO. 93 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE PERMITTING PET SHOPS, ANIMAL HOSPITALS AND ANIMAL &766=5 FACILITIES IN THE COMMERCIAL AREAS OF THE CANNERY VILLAGE/MCFADDEM SQUARE SPECIFIC PLAN (Planning Commission Amendment No. 782). [Report from Planning Department] RESOLUTIONS FOR ADOPTION 2. Resolution No. 93 -59, advising the County of Orange and the Orange County Local Transportation Authority that the CITY'S CIRCULATION ELEMENT MASTER PLAN OF STREETS AND HIGHWAYS is mutually satisfactory and generally in conformance with the County's Master Plan of Arterial Highways. [Report from Public Works Department] 3. Resolution No. 93 -60, modifying the ANNUAL PIER FEE pursuant to Section 17.33.030 of the Newport Beach Municipal Code effective January 1, 1994, and rescinding Resolution No. 91 -67. [Report from Director of Finance] 4. Resolution No. 93 -61, establishing MOORING FEE AND A LATE PAYMENT PENALTY pursuant to Section 17.22.050 of the Newport Beach Municipal Code and rescinding Resolution No. 91 -68. [Refer to report with Item No. 31 5. Resolution No. 93 -62, approving the annexation of uninhabited territory contiguous to the City of Newport Beach, County of Orange, known and designated as the annexation of tentative Tract 14795 - SEAWARD 17 (ANNEXATION N0. 92). [Report from Planning Department] Volume 47 - Page 212 INDEX Ord 93 -20 Zoning_ (94) PCA 78'2 Streets/ Highways Res 93 -59. (74) Fee Res 93 -60 (40) Fee Res 93 -61 (40) Annexation. 92- Seaward Res 93 -62 COUNCIL MEMBERS ROLL CRLL s 0 0 • CITY OF NEWPORT BEACH MINUTES August 9, 1993 INDEX Long Beach Aircraft Res 93 -63 (54) Balboa Isl Fire Stn C -2862 (38) (66) (36) Barba Blandi/ Evans Green Hobbs Kueller 4urrel Recotta teed 6. Resolution No. 93 -63, supporting the CITY OF LANG BEACH in their efforts to continue production of the C -17 Aircraft In their community. (Report from the Deputy City Manager) CONTRACTS AND AGREEMENTS 7. Award Contract No. 2862 to TLS Construction, Inc. in the amount of $660,171.00 for RAT Q& ISLAND FIRE STATION NO. 4. [Report from Public Works Department] PERSONNEL VACANCIES 8. Report from Personnel, and General Services Departments. 9. CLAIMS - For Denial by the City Manager: Michael J. Barba III, alleging construction truck working in area on May 27, 1993 on Jamboree Road (East Bluff) dropped rocks onto roadway which caused crack in windshield of claimant's vehicle. Ross Blandi and Nancy Evans alleging heavy equipment belonging to Griffith Company caused damage on May 1, 1993, at 400 38th Street to stucco on their home while replacing street on Newport Island. Mrs. Oliver Green alleging City rusty water caused white clothes to turn orange when washed on July 19, 1993 at 810 W. Ocean Front. Scott C. Hobbs alleging City did not post "no parking" signs on Newport Island during construction on June 22, 1993, at 39th Street and Marcus Avenue, and his vehicle was towed in error and cited. Craig M. Mueller alleging object in road hit his car on July 17, 1993 on Irvine Avenue near 22nd Street, while driving as well as two vehicles behind him. Carol and Bob Murrel alleging recent rapid growth of parkway ficus tree roots caused sidewalk and private front walk to raise, crack, etc., at 1709 Highland Drive. Ginger Recotta alleging damage to vehicle on January 18, 1993 on Newport Boulevard at Victoria Street and 22nd Avenue, as a result of driving over large trench across Newport Boulevard due to construction work in area. Marjorie E. Reed alleging personal injuries on Nay 19, 1993 on Crown Drive near Gelsons Market as a result of fall over water meter boa which was not installed correctly into sidewalk. Volume 47 - Page 213 INDEX Long Beach Aircraft Res 93 -63 (54) Balboa Isl Fire Stn C -2862 (38) (66) (36) Barba Blandi/ Evans Green Hobbs Kueller 4urrel Recotta teed COUNCIL MEMBERS a I XLX • • CITY OF NEWPORT BEACH MINUTES \%\1 August 9, 1993 PUBLIC HEARING SCHEDULING - For August 23, 1993: INDEX 10. A. USE PERMIT NO. 3505 - Request to UP 3505 permit the conversion of an (88) existing 69 unit apartment project known as the Granville Apartments to residential condominiums, on property located in the Unclassified District; and B. TENTATIVE NAP OF TRACT NO. 14839 - Tract 14835 Request to subdivide a single parcel of land into two numbered lots for attached residential condominium purposes, seven numbered lots for detached residential condominium purposes, one numbered lot for landscaping purposes and a future manager's office, one lettered lot for private street purposes, and one lettered lot for private recreational purposes; and C. COASTAL RESIDENTIAL DEVELOPMENT PERMIT NO. 20 - Request to approve a Coastal Residential Development Permit for the purpose of establishing project compliance relative to the City's Low and Moderate Income Housing provisions, as they apply to the conversion of a 69 unit apartment project to condominiums, on property located in the Coastal Zone. [Report from Planning Department] 11. Acceptance of MODIFICATION OF TRAFFIC Traffic SIGNALS ON DOVER DRIVE AT 16TH STREET, Signals ON JAMBOREE ROAD AT BAYSIDE DRIVE AND ON C -2919 NEWPORT CENTER DRIVE AT FARALLON DRIVE (CONTRACT NO. 2919), and authorize the (38) City Cleric to file a Notice of Completion. [Report from Public Works Department] 12. Acceptance of INSTALLATION OF A TRAFFIC Planning Traffic SIGNAL ON SAN MIGUEL DRIVE AT PACIFIC (68) Signal VIEW DRIVE (CONTRACT NO. 2908), and C -2908 authorize the City Cleric to file a (38) Notice of Completion. [Report from Library OFFICERS FOR FISCAL YEAR 1993 -94 - For Public Works Department] information and filing. [Report from 13. POLICE FACILITY ROOFING AND HVAC Library] Police REPLACEMENT (CONTRACT NO. 2913) Fclty Roof Approve the Plans and Specifications, C -2913 and authorize the City Clerk to advertise for bids to be opened at 11:00 (38) a.m. on September 1, 1993. [Report from Public Works Department] 14. Removed from the Consent Calendar. 15. PLANNING COMMISSION ACTIONS from Meeting Planning of July 22, 1993 - For information and (68) filing. [Report from Planning Department] 16. Election of BOARD OF LIBRARY TRUSTEES Library OFFICERS FOR FISCAL YEAR 1993 -94 - For Board information and filing. [Report from (24) Library] Volume 47 - Page 214 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH �o f � August 9, 1993 17. LIBRARY'S LONG -RANGE PLAN OF SERVICE - For information and approval. [Report from Board of Library Trustees] SPECIAL EVENTS APPLICATIONS - Approve the following applications, subject to conditions (Report from the Revenue Manager, Finance Department): 18. Application No. 92 -504, for fundraising 5K Run/Valk September 26, 1993 from 7:00 a.m. to 11:30 a.m. 19. Application No. 93 -303, for David Schultz of D & D Farms to operate a corn produce stand; August 10, 1993 to November 15, 1993, from 8:00 a.m. to 5:00 p.m. PUBLIC HEARINGS 20. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 93 -18, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO INCREASE THE REAR YARD SETBACK FOR REQUIRED PARKING SPACES WHEN A SIDE YARD PROPERTY LINE OF A RESIDENTIAL LOT IS LOCATED ACROSS AN ALLEY FROM THE SUBT6CT PROPERTY; AND TO REVISE THE REQUIRED REAR YARD SETBACK FOR RESIDENTIAL PROPERTIES ABUTTING ALLEYS WITH WIDTHS OF 24 FEET OR MORE FROM 2 FEET 6 INCHES TO A ZERO FOOT REAR YARD SETBACK (PLANNING COMMISSION AMENDMENT NO. 780). Report from Planning Department. The Planning Director stated that the proposed amendment was initiated by the Planning Commission and consists of two parts. The first part of the ordinance would increase the required alley setback for garages when they are on the opposite side of an alley where there is a lot that sides onto that alley, and that alley is 15 feet in width or less. It would increase the setback from 5 feet to 9 feet, an additional 4 feet. The reason for that particular increase in the alley setback would be to provide increased accessibility into the garage. The second part of the ordinance decreases the required setback for .garages when they face onto an alley which is 24 feet wide or wider. It decreases that setback from 2 -1/2 feet to zero. The Planning Director noted that when the above amendment was considered by the Planning Commission, they voted to only approve the second portion of the ordinance which decreases the alley setback on alleys which are 24 feet wide or wider. The Commission felt that the first part of the ordinance, mainly the Volume 47 - Page 215 MINUTES 50) 27) INDEX 93 -18 CITY OF NEWPORT BEACH COUNCIL MEMBERS f S� � August 9. 1993 ROLL CRLL *k • M& M *n A N x x l .1 .1 x I x I x I x increased setback, might invite persons to park in the alley right -of -way opposite the garages where there was an increased setback. The Commission's other concern was that by increasing the alley setback, a property owner could actually park his own car in that increased setback. However, at the City Council meeting of July 26, the ordinance was revised to include the provision of a minimum rear yard setback of 9 feet for required parking spaces when a side property line of a residential lot is located across an alley 15 feet wide or less from the subject property. Discussion ensued wherein Council Member Debay advised that she had received several telephone calls regarding this matter in that the people that own the older buildings in the West Newport area which were constructed at the present setback would be less able to tear -down and build new because they would be losing 4 feet of ground foot - print. She questioned whether or not the City could provide some type of trade -off to those people who give up the 4 feet of ground foot - print. Council Member Hedges stated that residents are used to the 5 foot setback and, in his opinion, it is something that works and should not be changed. Council Member Watt indicated she felt the ordinance, as written, would help solve the problem of vehicles parking in alleys, and therefore, moved to adopt Ordinance No. 93 -18 as presented. Council Member Debay asked Council Member Watt if she would include in her motion, the suggestion she made earlier in the meeting regarding a possible trade -off for people who give up the 4 feet of ground foot - print. The Planning Director responded that if Council Member Debay's suggestion were included in the ordinance, the ordinance would have to be re- introduced at this time. Monique Arakelian, resident of the Peninsula, addressed and Council and received clarification of the proposed ordinance. Hearing no one else wishing to address the Council, the public hearing was closed. Following consideration, substitute motion was made to re- introduce Ordinance 93 -18, deleting the proposed 9 foot setback as set forth on pages 9 and 10 of the staff report, and bring back for adoption on August 23, 1993 as revised. Volume 47 - Page 216 MINUTES 41111 WA MR CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL Cfl s � August 9, 1993 • Motion All Ayes X Mon x Ayes x x x x x x Noes x • 21. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 93 -19, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 15.02 TO THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1991 EDITION. Report from Building Director. The City Manager summarized the Building Director's Report concerning Grading and State Mandated Fees to Recover Direct Costs. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 93 -19. ITEMS REMOVED FROM THE CONSENT CALENDAR 14. Report from the Parks, Beaches and Recreation Director recommending approval of $40,000 in Cultural Grants as enumerated in the staff report, and authorizing the Arts Commission to transmit same to recipients. Mayor Turner advised that he had pulled this item 'off the Consent Calendar at the request of Council Member Hedges. Notion was made by Council Member Cox to approve the recommended action. Council Member Sansone requested that in future years, this annual report reflect the amount of funding the recipients receive from other cities. PUBLIC COMMENTS John Killefer, 1917 Yacht Truant, advised the Council of the newly formed "Newport Taxpayers Alliance" committee against the proposed Advisory Measure "A" which will be on the November ballot. He stated they have established headquarters at 2801 W. Coast Highway; hired legal counsel, and intend to pursue a campaign to make sure the general public fully understands the facts involved for the proposed Open Space Assessment District. Mayor Turner informed Mr. Killefer that a report has been requested from staff for the August 23 or September 13 City Council meeting, providing 1) a "facts only analysis" of the CIOSA Agreement with The Irvine Company if Measure A passes, 2) the proposed Assessment District, and 3) the procedure for the protest hearings. Volume 47 - Page 217 MINUTES Ord 93 -19 Uniform. Code (26) CITY OF NEWPORT BEACH COUNCIL MEMBERS 00VA0\1 \%\J August 9, 1993 • Motion All Ayes • Motion All Ayes Green Red Motion A l es Motion All Ayes Ix x ix ix ix Ix Ix ix Ix x X ORDINANCES FOR ADOPTION 22. Proposed ORDINANCE NO. 93 -16, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 10.08.040 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING SHINING LIGHTS INTO DWELLING UNITS. Report from Contract Attorney. Motion was made to adopt Ordinance No. 93 -16. 23. Proposed ORDINANCE N0. 93 -17, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.040 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING PARKING METER FEES. Report from Offstreet Parking Committee. The City Manager reported that after discussing the proposed parking meter fees with the merchants in the affected areas, and if the proposed Ordinance is adopted, there will be an increase in the maintenance provided by the General Services Department, particularly in the main plaza and sidewalk areas, etc., as well as the installation of one or more change machines. Motion was made to adopt Ordinance No. 93 -17. CONTINUED BUSINESS 24. APPOINTMENT TO CIVIL SERVICE BOARD to fill term of Hilbert Carson, ending June 30, 1997. Steven Bromberg was assigned the green light. Robert Foster was assigned the red light. Steven Bromberg's appointment will be effective September 6, 1993. BUSINESS 25. League of California Cities communication requesting designation of CITY'S VOTING DELEGATE FOR ANNUAL LEAGUE CONFERENCE, October 16 through October 19, 1993, in San Francisco. Motion was made to designate Mayor Turner as the City's Voting Delegate and Council Member Jan Debay as Alternate. 26. Appointment to HARBOR QUALITY CITIZENS ADVISORY COMMITTEE. Motion was made to accept with regret the resignation letter from John Curci, and appoint Ralph Arnold Furra to fill unexpired term ending December 31, 1993. Volume 47 - Page 218 MINUTES Ord 93 -16 Shining Lights (70) Ord 93 -1.7 Parking/ Fee (85)/(40) League Cal Cities (61) Committee (24) CITY OF NEWPORT BEACH COUNCIL MEMBERS W—NNIM 0 Motion All Ayes • MINUTES August 9, 1993 INDEX E1 Toro (54) 27. Report from the City Manager concerning REUSE PROCESS FOR MCAS EL TORO and Newport Beach involvement. The City Manager updated the City Council on the status of the Reuse Process for MCAS El Toro as set forth in his detailed report. x Following comments by Mayor Turner, motion was made by Council Member Sansone to participate in the County's process for the reuse of E1 Toro contingent upon the composition of the El Toro Advisory Committee staying the same, and to instruct Mayor Turner to advise OCCAA to remain as OCCAA and not go forward in adopting the new JPA, and further, if they do go forward, the City of Newport Beach will not participate. The meeting adjourned at 8:15 p.m. The agenda for this meeting was posted on August 5, 1993 at 8:25 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. May ATTE T O City Clerk o� F u r ��1iO:N�P I I Volume 47 - Page 219 INDEX E1 Toro (54)