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HomeMy WebLinkAbout03/14/1983 - Regular Meeting1 5 51,111 4111111111151F! COUNCIL MEMBERS REGULAR COUNCIL MEETING MINUTES g� C'® �� gip 0A PLACE: Council Chambers �� TIME: 7:30 P.M. DATE, March 14, 1983 A ank I ral � INDEX The Pledge of'Allegiance, and Presentation of Colors was led by Boy Scout Troop No. 37. • Mayor Pro Tem Maurer presented a Proclamation to David Heffern, Coach at Corona del Mar High School, in recognition of the Sea Kings winning the CIF 3 -A Girls' Basketball Championship. Team members who were in attendance were also recognized. Mayor Hart presented permaplaqued Certificates of Appreciation to Thomas Edwards, former member of the Board of Library Trustees, and Bill Agee, former member of the City Arts Commission, in appreciation of their service to the City. Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meeting of All Ayes February 28, 1983, was waived, approved, as written and ordered filed. Motion x C. The reading in full of all ordinances and All Ayes resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the public hearing on APPEAL /P 3018 OF BALBOA BAYVIEW DEVELOPMENT, INC., BALBOA, Resub 739 from the denial by the Planning Commission on Balboa Bayvu February 24, 1983, of USE PERMIT NO..3018 AND (88) • RESUBDIVISION NO. 739, requests to establish one parcel of land for the construction of a combined retail. commercial /office building, and a related parking structure, with offices which exceed the basic height limit in the 26/35 Foot Height Limitation District and includes an architectural feature which exceeds 35 feet in height. The proposal also includes a request to establish a cafe /lounge facility, a nighttime only restaurant and an office area in excess of 5,000 sq. ft, an property located in the C -1 District of the Central Balboa Specific Plan Area where a specific plan has not been adopted. The request also includes modification to the Zoning Code so as to allow the use of parking spaces which are not Independently accessible and compact parking spaces for a portion of the required off - street parking in conjunction with a full -time valet parking service. Also, this is a request to establish one parcel of land for retail commercial /office and restaurant development; one parcel of land for a private vehicular and pedestrian access; and one parcel of land for office and parking uses, where seven lots and Volume 37 - Page 84 MINUTES MZ portions of two lots, a portion of an abandoned /P 3018 street (Edgewater Place) and a portion of a Balboa . public alley proposed to be vacated, presently Bayvu Dev exist. This request also includes the acceptance of an Environmental Document. Report from Planning Department, was presented. Appeal application from Balboa Bayview Development Company, was presented. Letter from Balboa Island Improvement Association in support of the proposed project, was presented. The City Clerk advised that after the printing of the agenda, five additional letters had been received regarding the proposed project. Letters in opposition were from the following: Mrs. Betty Hart, 301 -309 Cypress; Mrs. H. A. Mansur, 308 Fernando; and Mrs. Laib, 416 E. Bay Avenue. Letters in support of the development were from the central Newport Beach Community Association and the Balboa Island Business Association. Jules Rickless., 309 Palm Avenue, Applicant, addressed the Council and displayed a rendering of the proposed building along with the site plan. He explained how the building would be utilized and skated that the project meets the guidelines stipulated in the report of the . Planning Department. He advised that the development had been endorsed by the five community associations in the area, and that it would generate additional sales and property tax, and employment. ' Mr. Rickless introduced Ian Garrad, President of Space- O- Mati.c, Inc., who gave a video presentation of the use of the space- o -matic double -deck parking system. Mr. Rickless stated that he wished to propose an additional Condition of Approval for consideration, as follows: "107. That prior to the issuance of any building permit, the applicant shall enter into an agreement approved by the Planning Department and City Attorney, whereby he agrees to discontinue use of the space- o -matic parking machines and valet parking if, in the future, the City provides additional parking within the area or a program that would • meet the needs of the project." Volume 37 - Page 85 MINUTES Discussion ensued with respect to improvement /P 3018 of the proposed vacated alley, after which the Balboa Bayvu staff indicated said improvement could be Dev included and added as part of Condition of Approval No. 81. In response to question raised by Mayor Hart in reference to letter from Mrs. H. A. Mansur pertaining to Superior Court Case No. 16906, Cassel vs. City of Newport Beach, 1971, the City Attorney advised that the subject lawsuit involved a different piece of property than the one under consideration, and that Condition No. 31 of the Resubdivision adequately protects the interest of the public in the status of Edgewater Place and the right of the public to traverse that walkway. The following persons addressed the Council and spoke in favor of the proposed project: Ray Lilly„ President, Balboa Island Business Association Pat Eichenhofer, President, Peninsula Point Community Association Henry Swenerton, President, Central Newport Beach Community Association Robert Stanley, 1323 E. Balboa Boulevard Buzz Person, President, Balboa Improvement Association Barney Larks, 1901 Beryl Lane A. Z. Taft:, President, Balboa Island Improvement Association Hearing no others wishing to address the Council, the public hearing was closed. In response to question raised regarding Condition of Approval No. 107 referenced earlier in the hearing, Mr. Rickless stated he has looked at the capital investment of the space- o- matic, but that he would discontinue its use immediately if additional parking became available. Motion x Following discussion, motion was made to Ayes x x x x x x overrule the decision of the Planning Abstain x Commission, including the findings designated as Exhibit "A;" that Condition of Approval No. 81 be amended to include the vacated alley; and that Condition of Approval No. 107 be revised to read as follows: • Volume 37 - Pava R6 +r COUNCIL MEMBERS March 14, 1983 r MINUTES INDEX "107. That prior to the issuance of any building permit, the applicant shall enter • into an agreement approved by the Planning Department and City Attorney, whereby the City of Newport Beach reserves the right to require applicant to discontinue use of the space•- o -matic parking machines and valet parking if, in the future, the City provides additional parking within the area or a program that would meet the parking needs of the project." E. PUBLIC COMMENTS: 1. Betty South, 500 Dahlia Avenue, Corona del Mar, Dahlia Av/ addressed the Council regarding a drainage Drainage problem on her street. The Director of Public Works responded that the drainage facilities built at the time the homes were constructed in the subject area were felt to be adequate:, but have proven not to be adequate in later years. He stated he was aware of Mrs. South's problem; that a study has been prepared; and that they will be recommending a project to the City Council. Unfortunately, he advised that a new drain to service the area sufficiently would be very costly and funds are not presently available. 2. Buzz Person, 605 -1/2 W. Bay Avenue, stated that qpt Harbor • he is Chairman of the Newport Harbor High High 063 School Reunion Committee of 1963, and wished to Reunion make the announcement over television in hopes of locating some classmates. 3. Sylvia Goddard„ 438 Dahlia Avenue, Corona del Dahlia Av/ Mar, addressed the Council and concurred in the Drainage remarks of Betty South. She stated that she had 4 -1/2 feet of water in her house, and urged that their drainage problem be given consideration. 4. Marty Taveneck„ 4802 Neptune Avenue, addressed "U.S.A. the Council regarding "U.S.A. Today" newsracks. Today" He stated he felt it was "absurd" for the Council to spend its time dictating the aesthetics of the newsracks. He stated that he was not a stockholder in "U.S.A. Today," nor did he work for the company, or read the newspaper. He stated he felt the colors were not offensive nor would they distract motorists. He added that the Orange County Register was now in support of the newsracks. • Volume 37 -- Page 87 MINUTES II'n.\!�U F. CONSENT CALENDAR: Wn x The following actions were taken as indicated, Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for Public Hearing on March 28, 1983: (a) Proposed ORDINANCE NO. 83 -17, being, Drd 83 -17 Zoning AN ORDINANCE OF THE CITY OF NEWPORT (94) BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 3 SO AS TO RECLASSIFY PROPERTY FROM THE C -1, C -1 -H, AND UNCLASSIFIED DISTRICTS TO THE C -1 -H [0.25] DISTRICT, PLANNING COMMISSION AMENDMENT NO. 583, a PGA 583 request initiated by the City of Newport Beach on property in the Smith's Food King Market Shopping Center, located on the southeasterly side of 32nd Street between Balboa Boulevard and Newport Boulevard in Central Newport. (Report from the Planning Department) (b) Removed from the Consent Calendar. 2. RESOLUTIONS FOR. ADOPTION: (a) Resolution No. 83 -26, designating the Planning • Current Planning Administrator of the erm /Apl Planning Department as the person to $6s'83 -26 coordinate the review of and provide (68) information regarding the status of all permits or applications required by the City for residential development. (Report from Planning Department) (b) Resolution. No. 83 -27 amending the Personnel Classification and Compensation Plan for Class /Comp the Data Processing Manager. (Report from Pln City Manager attached for Council, City Res 83 -27 Attorney, City Manager and City Clerk) (66) (c) Resolution. No. 83 -28 providing for the Cncl Ad Hoc appointment of alternate members to the Aviatn Cmte City Council Ad Hoc Aviation Committee. Res 83 -28 (Report from Executive Assistant to the (24) City Manager) 3. CONTRACTS /AGREEMENTS: (a) Award Contract No. 2360 to Clarke Swr Mn Rplcm Contracting Corporation of Compton, C -2360 California, for Sewer Main Replacement (38) Program, for $183,917.65; and authorize the Mayor and City Clerk to execute said . contract. (Report from Public Works) Volume 37 •- Page 88 March 14, 1983 MINUTES EMO (b) Authorize Mayor and City Clerk to execute '83 Arts License Agreement renewal (C -2253) with Festival /Lic • the City of Newport Beach; Newport Beach Agm City Arts Commission; Fashion Island C -2253 Merchants Association; The Taubman (38) Company; and The Irvine Company in connection with the 1983 Arts Festival to be held at Fashion Island on May 14 and 15, 1983. (Report from Arts Commission w /License Agreement) (c) Reject the bid received from Tom Downey San Miguel Contractor, Inc., because the bid proposal Pk Cnstr form submitted was incomplete, and C -2358 contained substantial errors. Award (38) Contract No. 2358 (San Miguel Park Construction) to a Joint Venture of Mathis Construction, Inc., and Environmental Landscape Contractors in the total amount of $391,309.70, which includes $389,832.20 , for all of the items included in the base bid, plus $1,477.50 for the sole additive bid item (Keyed Construction Joints in Sidewalks);; make the findings suggested in the report from the City Attorney's office; and authorize the Mayor and City Clerk to execute said contact. (Reports from Public Works and City Attorney w /letter from Environmental Landscape Contractors /Mathis Construction, Inc., regarding subject bid) • 4. COMMUNICATIONS -- For referral as indicated: (a) To Public Works for response, inquiry from SJoaquin Linda Gregg regarding the San Joaquin Hls Crdr/ Hills Transportation Corridor and the Frwy-H'wy City's position on the Ford Road off ramp. FW(74) (b) To Finance Director for inclusion in the Finance/ records, report from California State H'wy Tx Controller Kenneth Cory showing estimates (41) to be paid to each city /county as its share of revenues to be apportioned during fiscal year ending June 30, 1984 from Highway Users Taxes, Motor Vehicle License Fees, and Off- Highway Motor Vehicle License Fees. (c) To staff for inclusion in the records, Legislation final analysis on reductions in local. (48) government fiscal relief, effective in the 1982 -83 budget deficit bill (AB 28x) from State Senator John Seymour. (d) To Fire Department for inclusion in the Fire records, letter of commendation for the (41) excellent services of the fire fighters in response to .emergency at the home of • Richard E. Cramm on February 23, 1983. Volume 37 - Page 89 MINUTES :7iwl (e) To General Services Department for General Sry inclusion in the records, letter of (44) • commendation for the prompt assistance received by John J. Wells, and extending his appreciation to them for their help in delivering requested sandbags during the recent rain. storm. (f) To General Services Department for General Sry response, request from Stacey Winget (44) regarding beach erosion on Balboa Island affecting the mooring posts. (g) To staff for response, request from Erwin PW /Drainage M. Hausladen to expand /provide additional Wall openings along the south side of drainage (74) wall at the West 15th Street mobile home park in the event of future rainfall backup. (h) To Police Department for inclusion in the PD /Newsracks records, letter from Bob Garrison (27/70) supporting newspaper stands used by "U.S.A. Today." (i) To Traffic Affairs Committee for inclusion West Npt in the records, letter from R. H. Clucas, Pkg President West Newport Beach Association, (85/63) expressing appreciation for Council Member Plummer °s efforts to improve parking conditions in their area. • (j) To the Police, Fire, Engineering and PD /General General Services Departments for inclusion Sry in the records, letter from Alan V. (70/44) Andrews, expressing his appreciation for the courteous and efficient handling of the unavoidable problems during the recent rain storm. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Correspondence of February 26, and March 3, 1.983, from Al. "King Alfonso" Lizanetz regarding his ongoing campaign against organized crime. (b) Orange County Local Agency Formation Commission: 1)Minutes dated February 9, 1983; 2) Notice of revised LAFCO schedule (annexation) fees; and 3) Preliminary Agenda for March 9, 1983. (c) Orange County Division League of California Cities- Minutes of January 13, and February 10, 1983. • Volume 37 - Page 90 COUNCIL MEMBERS `, �-0 �'� �'� �� March 14, 1983 MINUTES 1 (d) Public Utilities Commission of the State of California - Application No. 83 -01 -12 • of Advanced Mobile Phone Service, Inc. and Los Angeles SMSA for Public Convenience and Necessity Certificate. (On file in Clerk's Office) 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Thomas D. Holland for alleged property Holland damage to vehicle as a result of hole in 23rd Street at Irvine Avenue on March 4, 1983. (b) James H. ]range for reimbursement of towing Lange charges, alleging vehicle could not be moved from vicinity of Pacific Coast Highway, near Newport Boulevard Bridge because of flooding from high tide on March 1, 1983. (c) Elmer F. Wirth for alleged property damage Wirth to vehicle side mirror as a result of protruding sign at Newport Boulevard and Via Lido on March 2, 1983. For rejection -• not timely filed: (d) Late claim of Hal J. and Betty J. McLaughlin • McLaughlin alleging damage to sewer line from City tree roots at 1007 White Sales Way, Corona del Mar, on June 17, 1981. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) State Compensation Insurance Fund, Orange State Comp County Superior Court, Case No. 39- 67 -48. Ins Fnd (b) Joy Foster, Orange County Municipal Court, Foster Case No. 46584. Original claim was denied by City Council on November 24, 1980. 8. REQUEST TO FILL PERSONNEL VACANCIES - For (66) approval: (Report from City Manager) (a) One Utilities Construction Specialist, Utility Department. (b) One Utility Serviceworker, Utility Department. • Volume 37 - Page 91 9. STAFF AND COMMISSION REPORTS - For Council • information and approval: (a) REQUEST FROM HARBOR VIEW HILLS COMMUNITY Rrbr Vu Hls ASSOCIATION TO ESTABLISH HEIGHT LIMITS on Hght Lmts/ the Pacific Coast Highway Frontage, Ping Newport Village and Corporate Plaza West (68) Planned Community Districts, and provide for the easterly and westerly extension of the sight plane over Corporate Plaza adopted March 24, 1975. (Report from Planning Department) (b) Implementation of Council Policy 1 -21, Cnel Pley/ BIKE AND FOOT RACE POLICY. (Report from PB &R Parks, Beaches and Recreation Director) (62/69) (c) BODY SURFING AREA BETWEEN 40TH AND 44TH PB &R /40 -44th STREETS. (Report from Parks, Beaches and St Body Srfg Recreation Director) (62) (d) Approve amendment to Council Policy B -1, Cncl Plcy/ to PROVIDE FOR A BINDING AGREEMENT JWyn Arpt REGARDING JOHN WAYNE AIRPORT. (Report (54/69) from Executive Assistant to the City Manager) 10. PUBLIC HEARING SCHEDULING: None. 11. OASIS SHUFFLEBOARD COURT (C -2378) - Approve the Oasis Shflbd plans and specifications; and authorize the Crt • City Clerk to advertise for bids to be opened C -2378 at 11:00 a.m., on�March 30, 1983. (Report from (38) Public Works) 12. SIDEWALK REPLACEMENT ADJACENT TO MARINERS PARK Sdwlk Rplcm/ AND IN EASTBLUFF (C -2351) - Accept the work; Eastbluff and authorize the City Clerk to file a Notice C -2351 of Completion and release the bonds 35 days (38) after Notice of Completion has been filed. (Report from Public Works) 13. APPROVE NEWPORT OUTRIGGER CANOE CLUB REQUEST - Marine Dpt/ To store and launch outrigger canoes on the Npt Outrgr public bay beach near the street end at 18th Canoe Clb and West Bay, :subject to the conditions of (51) approval listed in the staff report. (Report from Marine Department) 14. BUDGET AMENDMENTS - For approval: (25) BA -065, $888.213 Transfer in Budget Appropriations for new chairs for Mayor's office; Office Equipment -City Council Fund. Volume 37 -• Page 92 BA -066, $4,539.61 Transfer in Budget Appropriations for additional funds to cover • major plumbing and overhead door repairs at Newport Center Fire Station; Building and Furnishing Improvement- Building Excise Tax Fund. BA -067, $9,000.00 Transfer in Budget Appropriations for replacement of wrecked vehicle #3002; Automotive Equipment - Public Works Adm. & iEngr. Fund. BA -068, $5,000.00 Transfer in Budget Appropriations for air - conditioning unit (3 ton) for Council Chambers; Air - conditioning Unit /Council Chambers -City Council Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ORDINANCE being, Zoning /Roof- Mounted Slr AN ORDINANCE OF THE CITY OF NEWPORT Sys BEACH AMENDING CHAPTERS 20.02 AND (94) 20.87 OF THE NEWPORT BEACH MUNICIPAL. CODE AS THEY PERTAIN TO PERMITTING THE INSTALLATION OF ROOF- MOUNTED SOLAR ENERGY SYSTEMS IN EXCESS OF HEIGHT LIMITS, PLANNING COMMISSION AMENDMENT NO. 584, a PCA 584 request initiated by the City of Newport Beach, was presented with report from Planning Department for introduction and public hearing scheduling on March 28, 1983. Motion x Council Member Strauss expressed his concerns Ord 83 -18 All Ayes with respect to the subject ordinance. The City Attorney explained the purpose and intent of the ordinance, and following discussion, motion was made to introduce Ordinance No. 83 -18, and pass to second reading and public hearing on March 28, 1983. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE NO. 83 -15, being, Ord 83 -15 Trash /Refuse AN ORDINANCE AMENDING SECTION 6.04.120 OF (44) THE NEWPORT BEACH MUNICIPAL CODE REGARDING PROHIBITED MATERIALS FOR REFUSE COLLECTION, was presented for second reading and adoption, with report from City Attorney dated February 28, 1983. on x Motion was made to adopt Ordinance No. 83 -15. Ayes Volume 37 - Page 93 �r v COUNCIL MEMBERS % March 14, 1983 MINUTES ird 83 -16 ifncs /Nusncs 70) ;AC (24) Tr 10019 2. ORDINANCE NO. 83 -16, being, C AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 10.54.020 AND REPEALING SECTION 11.08.010 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO DRESSING IN PUBLIC PLACES AND PUBLIC NUDITY, was presented for second reading and adoption, with report from City Attorney dated February 28, 1983. Motion x Motion was made to adopt Ordinance No. 83 -16. All Ayes I. CONTINUED BUSINESS: Motion x 1. TECHNICAL OIL CITIZENS ADVISORY COMMITTEE: All Ayes Motion was made to accept the City Council Appointments Committee nominations of Lloyd Sellinger and .James C. Sheppard, with one to be appointed on March 28, 1983. J. CURRENT BUSINESS: 1. Report from.the.Planning Department regarding Planning Commission action on February 24, 1983, recommending a two year extension of time in conjunction with the approved TENTATIVE MAP OF TRACT 10019„ which permitted the subdivision of 80.5± acres into one lot for commercial development, seven lots for industrial /office development and two lots for further subdivision into residential lots. Property bounded by Bison Avenue, Camelback Street, Jamboree Road, the extension of Eastbluff Drive, and MacArthur Boulevard, in the Planned Community of North Ford, was presented. The Planning Director referred to a map outlining the area in question, and discussed the proposed extension of Eastbluff Drive and alternative roadway. He stated that when the Planning Commission granted the extension of the tract map for a two -year period, they also imposed a condition whereby The Irvine Company would commit, if any, to construct the roadway chosen as an alternative to Eastbluff Drive extended. The Planning Director also explained the proposed expansion of General Plan Amendment No. 82 -1 in the North Ford Area as depicted on the map. • Volume 37 - Page 94 ird 83 -16 ifncs /Nusncs 70) ;AC (24) Tr 10019 COUNCIL MEMBERS ^L, March 14, 1983 MINUTES The Director of Public Works commented that the Tr 10019 existing Master Plan of Streets of the Circulation Element dates back some 25 years or more. At the time the San Joaquin Hills Transportation Corridor was added to the Master Plan, it was known that revisions would be necessary at an appropriate time to arterial streets which connect to and cross the corridor. The studies have been extensive and have progressed to where it's time to consider an amendment to the Master Plan of Streets as indicated on the drawing described by the Planning Director. This action would start the process of preparing the environmental documentation of leading up to public hearing. Dave Dmohowski of The Irvine Company, addressed the Council and stated that they concurred with the Planning Commission's recommendation of February 24. They thought it was the Planning Commission's intention to adopt the approach outlined in the City Attorney's memorandum of February 24. However, when they read the minutes of the Planning Commission, they did not feel the motion "captures" the intent of adopting the complete approach outlined in the City Attorney's memorandum. Therefore, if the City Council chooses to approve the extension of time, they would request the Council make a finding that the approval be in conformance with the memorandum of the City Attorney and the approach outlined therein. Motion x Following discussion, motion was made to grant All Ayes the request of The Irvine Company to withdraw application for Final Map of Tract No, 10019, and grant an extension of said Tentative Map for a two -year period, with the condition that The Irvine Company will commit to construction of the roadway, if any, chosen as the alternative to Eastbluff Drive Extended. The commitment of The Irvine Company to construct the alternate roadway is limited to the construction of .a roadway of similar cross - section to Eastbluff Drive Extended, but if any additional right -of -way is necessary, The Irvine Company will dedicate such right -of -way. In the event that multiple or partial final maps are filed, The Irvine Company consents to reasonable extensions of processing deadlines and also consents to the imposition of conditions, specifically those regarding temporary access to individual - parcels. Volume 37 7 Page 95 IF ff 1100F COUNCIL MEMBERS OL ���� March 14, 1983 MINUTES ,l 2. Report from the Planning Department regarding GPA 82 -1 Planning Commission action on March 10, 1983, (45) recommending an expansion in the scope of GENERAL PLAN AMENDMENT NO. 82 -1 in the North' Ford Area, was presented. Motion x Motion was made to sustain the recommendation All Ayes of the Planning Commission to expand the scope of General Plan Amendment No. 82 -1 for the North Ford Area. 3. Letter from Council Member Donald Strauss to Organizatns/ ORANGE COUNTY VECTOR CONTROL DISTRICT regarding 0/C Vctr Cot his replacement on the Joint Governmental (61) Committee, was presented. Motion x Motion was made to confirm Mayor Hart's All Ayes appointment of Council Member Ruthelyn Plummer to the Orange County Vector Control District to replace Council Member Donald Strauss. K. ADDITIONAL BUSI19ESS: None. The meeting was adjourned at 9:15 p.m. Mayor ATTEST: City Clerk Volume 37 - Page 96