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Home My WebLink About05/28/1985 - Regular MeetingW 11,111 "•' .0111 fill 111 COUNCIL MEMBERS REGULAR COUNCIL MEETING \CALPLACE: Council Chambers 'p9 TIME: 7:30 P.M. s DATE: May 28, 1985 ROLL MINUTES INDEX Ptedetlt x x x x x x A. ROLL CALL. �nt x Motion x B. The reading of the Minutes of the Ayes x x x x x Meeting of May 13, 1985, was waived, Abstain x approved as .written and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Pro Tem Plummer opened the public Ord 85 -13 hearing regarding ORDINANCE NO. 85 -13, PCA 619 being, Zoning (94) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF CHAPTER 20.83 PERTAINING TO THE INTENSIFICATION OR EXPANSION OF NONCONFORMING USES (PLANNING COMMISSION AMENDMENT NO. 619). Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. n x Motion was made to adopt Ordinance No. A Ayes 85 -13. 2. Mayor Pro Tem Plummer opened the public Weed Abatm( hearing pertaining to WEED ABATEMENT Nuisances PROGRAM. (41) Report from the Fire Department dated May 13, 1985, was presented. The City Clerk reported that after the agenda was printed a letter was received from BYCO, Inc., objecting to weed abatement assessment at 3300 West Coast Highway. The City Manager advised that the Fire Department staff has viewed the above site since receipt of BYCO's letter, and reported that the lot does not require any.City attention. Hearing no one wishing to address the Council, the public hearing was closed. Volume 39 - Page 181 I. COUNCIL MEMBERS \CALs� �9 ROLL Gss y�9 May 28, 1985 MINUTES INDEX Motion x Motion was made to adopt Resolution No. Res 85 -34 Ayes 85 -34, ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalks, parkways and private property within the City. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as All Ayes indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to 2nd reading and adoption on June 10, 1985: (a) Removed from the Consent Calendar. (b) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: None. 3. CONTRACTS /AGREEMENTS: • (a) Approve an additional area of resurfacing and award Contract No. 1984 -85 St /Alley 2496 to Sully- Miller Contracting Rsrfcg & Co. of Orange for 1984 -85 Street Rcstr Prg and Alley Resurfacing and C -2496 Reconstruction Program for the (38) total price of $217,132; and authorize the Mayor and City Clerk to execute said contract. (Report from Public Works Department) (b) Approve Joint Agreement for the O /C- Autmtc operation of the Orange County Telcmctns Automatic Telecommunications System Sys Jt /Agm and authorize the Mayor and City C -2509 Clerk to execute subject agreement. (38) (Report from Executive Assistant to the City Manager) L 4. COMMUNICATIONS - For referral as indicated: (a)- To Planning Department for Use Perm response, letters from Irwin and #1783 Barbara Gellman and Gene R. Moss (88) recommending denial of Jose Murphy's request for an amendment to their Use Permit #1783 for live band and dancing. • Volume 39 - Page 182 COUNCIL MEMBERS 0-F GuJ ''t^fl NA y<"p May 28, 1985 one i ray MINUTES INDEX (b) Removed from the Consent Calendar. (c) To Planning Department for Planning/ response, letter from Glen R. Radio Antna Nelson regarding elimination of (68) above- ground short wave radio antenna installations and satellite dishes throughout the City. (d) To Business License, Finance Permit's/ Department for inclusion in the Spcl Evnts records, letter of thanks and (65) appreciation from Ford Aerospace and Communications Corporation regarding the successful Spring Tune Up 1, 5 and 10 Kilometer Runs on May 4, 1985. (e) To Public Works for inclusion in PW /SJoaquin the records, letter from Harbor Hls Trsptn Ridge Association in support of the Crdr City's position regarding the San (74) Joaquin Hills Transportation Corridor. 5, COMMUNICATIONS - For referral to the City Cleric for inclusion in the records: (a) Orange County Division League of California Cities: (1) Orange County City Selection Committee information regarding Orange County Transportation Commission and Transit District Election; and (2) Resolutions Committee information regarding proposed Division Resolution No. P -6 -85 (Policy encouraging residents in unincorporated County Islands to annex to contiguous cities). (b) California Assemblyman Gilbert W. Ferguson's (70th District) news release regarding California State Supreme Court Justice Rose Bird. (c) Notice from Southern California Edison Company's application 1185 -05 -008 filed with the California Public Utilities Commission regarding San Onofre Nuclear Generating Station Unit No. 1, Volume 39 - Page 183 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CAL Gss 9 May 28, 1985 MINUTES INDEX (d) California Public Utilities Commission Notice of Application • #85 -05 -055 filed by Southern California Edison Company for authority to change its energy cost adjustment billing factors (lawsuit relating to Edison's long -term low sulfur fuel oil contract with Chevron U.S.A., Inc.) 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) George and Adreana Souleles for Souleles property damage, alleging tree roots grew into water pipe, thereby causing pipe to break at 4023 Birch Street on May 15, 1985. (b) John Vassey for alleged personal Vassey injuries as a result.of fall from bicycle which became stuck in trench approximately six inches wide in bike path on Cliff Drive near intersection of King's Place on February 16, 1985. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's • referral to the claims adjuster: (a) Norma De Rossett for premises De Rossett liability, emotional distress, etc., Orange County Superior Court, Case No. 45- 78 -91. Claim was denied by City Council on November 13, 1984. (b) Sharon Mitchell, Executrix of Leroy Mitchell/ Herman Peterson, deceased, on Peterson behalf of all heirs, Orange County Superior Court, Case No. 45- 39 -05. Claim was denied by City Council on September 24, 1984. (c) Ronald Richard Hollis, Orange Hollis County Superior Court, Case No. 45- 16 -12. Claim for personal injuries was denied by City Council on August 27, 1984. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Two Police Clerk I's, Police Department. • (b) One Police Officer, Police Department. Volume 39 - Page 184 i COUNCIL MEMBERS \CALROLL May 28, 1985 MINUTES INDEX (c) One Maintenance Man II (Concrete Crew), General Services Department. • (d) One Electrician II, Utility Department. (e) One License Supervisor, Finance Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the Planning Department Planning/ regarding concern of CANYON CREST Zoning HOMEOWNERS ASSOCIATION with (68) landscaping along the common boundary with the Douglas Allred Project, located at 2700 Pacific View Drive on the easterly corner of San Miguel Drive and Pacific View Drive, across Pacific View Drive from the Harbor View Center; zoned R -3 -B. (b) Removed from the Consent Calendar. (c) Report from City Attorney regarding O'Donnell & approval of estimate for legal Gordon /Arprt services from O'Donnell & Gordon Ligitn (Contract No. 2331) for May and C -2331 • June airport services. (38) (d) Adopt new City Council Policy A -15, Council Places of Historical and Policy/ Architectural Significance, Historical (Report from Executive Assistant to Plcs the City Manager) (69) (e) Report from Parks, Beaches and Sr Cmsn/ Recreation Director regarding Cmte Babineau correspondence (West (24) Newport Park Development). For Council information and filing: (f) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - June 10, 1985: (a) Removed from the Consent Calendar. (b) Adoption of a resolution approving Police Towg, rate increases for the Official Rate Incr Police Towing Services, pursuant to (70) Newport Beach Municipal Code Section 5.13.140. • Volume 39 - Page 185 COUNCIL MEMBERS \CAL 9 ROLL GSr � May 28, 1985 MINUTES INDEX 11. RESUBDIVISION NO. 798 - Approve a Resub 108 subdivision agreement guaranteeing (84) • completion of the public improvements required with Resubdivision No. 798 (portions of Blocks 93, 95 and 96, Irvine's Subdivision, located at 875 . Marguerite Avenue, on the southwesterly corner of Marguerite Avenue and Harbor View Drive; and 3400 Fifth Avenue, located on the northeasterly side of Fifth Avenue and Marguerite Avenue and the Newport Beach City limits in Corona del Mar. (Report from Public Works) 12. LEGAL PUBLICATIONS FOR 1985 -86 - Advertising/ Instruction to the City Clerk to publish Legal a Notice Inviting Bids to be received at (20) or before the hour of 4:00 p.m., on June 14, 1985, for a contract covering the publishing and printing of all legal notices, or other material required to be published in a newspaper of general circulation published and circulated in the City of Newport Beach, for the fiscal year ending June 30, 1986. 13. Removed from the Consent Calendar. 14. BUDGET AMENDMENTS - For approval: (25) BA -088, $30,000 - Transfer in Budget • Appropriations to augment budget for preparation of Cannery Village /McFadden Square Specific Area Plan Environmental Impact Resource. BA -089, $11,507 - Transfer in Budget Appropriations for purchase of additional computer hardware, data base software and training of personnel on computer; Building Fund. BA -090, $200 - Transfer in Budget Appropriations for purchase of 2- drawer file cabinet with lock; City Council Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance pertaining to Massage Ord 85 -15 Establishments was presented with a Business report from the City Attorney. Lic /Massage (27) • Volume 39 - Page 186 -p COUNCIL MEMBERS \CAL s� o S ti v ROLL GPS May 28, 1985 MINUTES IR17 *3 Motion x Following an explanation of the purpose Ayes of said ordinance, motion was made to introduce ORDINANCE NO. 85 -15, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.50 PERTAINING TO MASSAGE ESTABLISHMENTS, and pass to second reading and adoption on June 10, 1985. 2, Proposed ordinance establishing the Ord 85 -16 Basic Water Quantity Rate was presented Utilities/ with a report from the Utilities Wtr Qnty . Department, dated April 22, 1985. Rate (89) The City Manager pointed out that the purchase of water from the Metropolitan Water District is being decreased effective July 1, 1985, and is the result of a reduction in water rates from .90C to .81C per hundred cubic feet. Motion x Following the above comments, ORDINANCE All Ayes NO. 85 -16, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ESTABLISHING THE BASIC WATER QUANTITY RATE AT .81C PER HUNDRED • CUBIC FEET, EFFECTIVE JULY 1, 1985, was introduced and passed to second reading and adoption on June 10, 1985. Council.Member Agee stated that he would prefer to see all ordinances for introduction placed in a different category on the agenda, rather than the Consent Calendar, as he does not consider them to be routine items., There being no objections, the staff was directed to report back at the June 10 meeting on the possibility of amending Council Policy A -10 Procedural Rules for the Conduct of City Council Meetings (Paragraph No. 7 - Order of Business). 3. Council Member Agee wanted to draw the Budget 1985 - public's attention to the fact that on 86 /Rev Shrg June 10, 1585, the City Council will be (40) holding a Public Hearing regarding the annual Preliminary Budget for the Fiscal Year 1985 -86, pursuant to Section 1102 of the Newport Beach City Charter; and proposed expenditures from the Federal Revenue Sharing Funds for Fiscal Year • 1985 -86> Volume 39 - 187 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLLy `G� 9G.p 99.E A c�F May 28, 1985 MINUTES INDEX Motion x Motion was made to schedule the public Ayes hearing on. June 10, 1985, as recommended. 4. A request for small fireworks display on PermitjSpcl May 31, 1985, at 8:45 p.m., from John T. Evnts Mulvihill, was presented. (65) In response to Council Member Agee, the City Manager advised that the event, which is a wedding, will occur in the area north of the Reuben E. Lee's parking lot. The Police and Fire Departments have approved the request with the conditions that the fireworks be of the static variety, that there be no aerial displays, and that no fireworks be visible to any of the surrounding streets including Pacific Coast Highway, to which the applicant has agreed. Motion x In view of the foregoing, motion was All Ayes made to approve the the Special Events Permit, subject to the conditions outlined above. 5. Report from City Attorney regarding Annexation/ Proposed Annexation of Bayview Bayview Development, was presented. (21/45) • As requested by Council Member Heather, the City Attorney summarized the proposed Bayview Planned Development, which was approved by the Orange County Board of Supervisors on March 6, 1985. The project is located at the southwest corner of Jamboree and Bristol South and would allow the construction of: ° 6329730 sq, ft. office space; ° approximately 236 residential units; ° 300 room hotel; ° an 8,000 sq. ft. restaurant; and ° 27,500 sq. ft. commercial development, including a health club. The City Attorney stated that J. M. Peters, developer, would like to annex its property to the City of Newport Beach, but their desire to do so is subject to three conditions which are outlined in his report. • Volume 39 - Page 188 COUNCIL MEMBERS GJd �'t^p �9 yFg� May 28, 1985 Rni i r A MINUTES INDEX It was recommended that the City Council &nnexation approve, in concept, the proposed Bayview annexation of the Bayview parcel; • initiate a General Plan Amendment (GPA 85 -2 A) that would change the land use designations and intensities on the Land Use and Recreation and Open Space Elements of the Newport Beach General Plan; initiate a zone change to Planned Community and direct staff to prepare a development agreement that would reflect these land uses; provide for payment of fees required by current City ordinances and resolve the issue of access to Jamboree Road. Bob Trapp, representing J. M. Peters Company, addressed the Council, and stated that they are in the process of preparing architectural drawings and would like to proceed with an annexation to the City of Newport Beach, if the City so desires. In developing their plans they need to know which entity to submit their proposal to so that they can comply with those regulations and prepare their plans accordingly. Also, they do not want to pay double fees to both agencies for traffic improvements, permits, etc. on x Following discussion, motion was made.to x x x x x x approve the proposal for annexation of x the Bayview parcel in concept, and that the City Attorney report back on June 10, following a meeting with the applicant regarding such issues as payment of development fees, initiation of a general plan amendment and zone change, and other concerns relative to this item. It was indicated that this would also allow the City Council time to review the draft IEIR for Santa Ana Heights Annexation. 6. A request from Newport Heights Community Planning/ Association for a moratorium on the Mariners issuance of new conditional use permits Mile within the Mariners Mile area which (68) would allow height over 26 ft. and /or over .5 buildable, was presented. Council Member Hart stated that she had pulled this item off the Consent Calendar as there were individuals from the Newport Heights in the audience who wished to address the Council at this • time. Volume 39 — Page 189 CITY OF NEWPORT BEACH COUNCIL MEMBERS 9V \5\ GdROLL CAL g�9 May 28, 1985 MINUTES INDEX The Planning Director pointed out that on April 22, 1985, the City Council Mariners le referred a report from the Ad Hoc • Mariner's Mile Specific Area Plan Review Committee to the Planning Commission for recommendation and report back. The report contained seven recommendations, two of which pertain to request for reduction in the height limit to 26' maximum, and to establish a .5 floor area ratio. Since that time, a letter dated May 20, 1985, was received from Vince Jorgensen, member of the Ad Hoc Committee, advising of disagreement between the residential community in the area and the Mariner's Mile Business owners as to what the maximum height limit should be, etc. In view of the foregoing, the Planning Commission., at their meeting of May 23, 1985, voted to send the report from the Ad Hoc Committee back to the City Council with a recommendation that the Committee continue to review the traffic studies on West Coast Highway. The Commission also voted not to review the recommendations of the Committee at the previously scheduled study session on June 6, 1985. Gail Demmer, 2812 Cliff Drive, member of Newport Heights Community Association, addressed the Council in support of their letter to place a moratorium on the issuance of new conditional use permits within the Mariner's Mile area, which would allow height over 26' and /or over .5 buildable. She stated that they are very serious in their request, and that their views, especially from the two major parks, must be protected. Robert Clarke, President, Newport Heights Community Association, addressed the Council and urged that consideration be given to an interim moratorium on building in the Mariner's Mile area, which would then give them time to meet with the business community. He referred to a petition (which was not submitted to the Clerk) containing approximately 268 signatures from members of Newport Heights and Cliff Haven Homeowners Associations, supporting a 26' maximum height limit. They are also in the process of soliciting support from other community associations. a Volume 39 — Page 190 COUNCIL MEMBERS \CAL v � c�F S'� � ��9 May 28, 1985 ROLL MINUTES Ng91M 4 As requested by Council Member Agee, the Mariners Planning Director reviewed the height Mile limit regulations for the Mariner's Mile . area, which was approved by the City Council in the mid - 1970x. Council Member Hart advised that she would be meeting with the Mariners Mile business community tomorrow and would appreciate no Council action on the request for a moratorium until after that meeting. In response to Council inquiry, the City Attorney stated that if a moratorium were approved, it would preclude the Planning Commission or the City Council from approving any development in excess of 26'. He did not feel a moratorium could cease construction already underway. Bonnie Jeannette, 400 Santa Ana Avenue, addressed the Council and stated she felt it would be somewhat frustrating for a developer and /or architect who complies with City requirements such as height limits, etc., and then is denied their request for a use permit or variance because of a moratorium. At the same time, view parks must be protected, and hopefully with both sides • working together, this can be accomplished. Vince Jorgensen, 1533 Antigua Way, representing the Mariner's Mile business community addressed the Council, and stated that they are not supportive of a moratorium and felt it would only "muddy the water. "' He stated that the mechanisms are on the books to keep the height limit at 26' through the permit process, and in all fairness to the business owners who have a right to develop their property, a moratorium should not be approved. Margaret Hotta, 2700 Cliff Drive, addressed the Council and stated that she has attended numerous meetings regarding the issue of attempting to preserve their park views. They are limited in their knowledge, as well as their financial capabilities, as to what they can do to see that this is done. She also has had contact with some of the business community, who are supportive of the 26' height limit. • Volume 39 - Page 191 MINUTES INDEX Motion x Motion was made to refer the letter from All Ayes Newport Heights Community Association to the Mariners Mile Specific Area Plan . Review Ad Hoc Committee for report back in a timely manner, hopefully June 24, 1985. 7. Report from Parks, Beaches and Cncl Ad Hoc Recreation Director regarding request to Sr /Cmte appoint an Ad Hoc City Council Committee (24) to review the establishment of a Senior Commission or Committee, was presented and recommended for filing. Barney Larks, 1901 Beryl Lane, First Vice President of Friends of Oasis, addressed the Council and spoke in support of their request, and urged that action be taken other than to file the report. He stated they were unaware their letter had been referred to the Parks, Beaches & Recreation Commission, and also did not know it was to be on this Council agenda. He stated that approximately 25% of the City's population are senior citizens and that the membership of the Friends of the Oasis is in the area of 3,000. He stated they feel there is a difinite need for such a committee and suggested the Council give their request favorable consideration. (Ron x Motion was made to file the subject All Ayes report. H. ORDINANCES FOR ADOPTION: 1. ORDINANCE 110. 85 -14, being, Ord 85 -14 City Cncl AN ORDINANCE OF THE CITY OF NEWPORT Aeetings BEACH AMENDING SECTION 2.04.020 OF (33) THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING THE TIME FOR STUDY SESSION AS 1:30 P.M., EFFECTIVE JULY 1, 1985, was presented for second reading and adoption. Motion x Motion was made to adopt Ordinance No. All Ayes 85 -14. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: None. . Volume 39 - Page 192 COUNCIL MEMBERS. 9 G'� f ROLL CAL $ %p May 28, 1985 MINUTES INDEX K. ADDITIONAL BUSINESS: on. x 1. Motion was made to approve a Special Permit /Spcl Ayes Events Permit for applicant Lisa Evnts Martinez for use of a portable piano on (65) June 9, between 5:50 p.m. and 6:20 p.m. at Inspiration Point in Corona del Mar. Motion x 2. Motion was made to reconsider agenda Planning/ All Ayes items F -9(a) & F -4(c), as requested by Canyn Crst interested individuals in the audience. HOA Lndscpg & Report from the Planning Department Radio Antna regarding concern of Canyon Crest Homeowners Association with landscaping along the common boundary with the Douglas Allred Project, located at 2700 Pacific View Drive on the easterly corner of San Miguel Drive and Pacific View Drive, across Pacific View Drive from the Harbor View Center; zoned R -3 -B, was presented. Lee Shuster, 5 Canyon Crest, representing Canyon Crest Estates, addressed the Council and stated that, as set forth in their letter of April 19, 1985, the landscaping installed between their residences and the Allred Development: is inadequate in terms of providing sight privacy and light pollution. • Mr. Shuster stated that the alder trees which have been planted at their interface, shed their leaves in the winter months and are essentially bare three to four months of the year. They feel the developer is in direct violation of Condition No. 64, which was approved by the City Council in 1983, and that this problem could be solved by the planting of new acacias for the reasons as stated in their letter. The Planning Director noted that following approval of the landscape plan by the Planning Commission in May, 1983, the plan was submitted to the Canyon Crest Estates Homeowners Association, and was approved by them (reflected in their letter of June 8, 1983 to Mayor Evelyn Hart). In his opinion, the developer has fulfilled his obligations as required by Planning Commission and City Council approvals. • Volume 39 - Page 193 A + 0, COUNCIL MEMBERS C+ 0� l',' fit^ �9 g� May 28, 1985 RnL l C ®L s p MINUTES INDEX In response to Council inquiry, the City Attorney indicated that the City Council does not have a legal right to request • the developer to relandscape the project, considering the circumstances as presented herein. Mr. Shuster addressed the Council again, and agreed that the landscape plan was approved by their association, utilizing the alder trees; however, the developer is in violation of the privacy issue, as homeowners can look into each others windows. Bill Scott, representing the Allred Company, addressed the Council and stated that they held numerous meetings with the Canyon Crest Estates Homeowners Association describing their intentions for the site, and to discuss the type of trees that would be installed. The Plan was then accepted by the staff, Planning Commission, and City Council. They do not think acacia trees would be in the best interest of the project and would not be compatible with their plan. Jack Sellers, 7 Crest Circle, addressed the Council and spoke in support of Mr. Shuster's comments. He stated that the . screening is not adequate and that the • adjacent residences, when sold, will be a "stones throw11 away from his bedroom window. He also stated that the alder trees are not being watered properly and are a very slow growing tree. Motion x Following discussion, motion was made to All Ayes approve the report from the Planning Department, as submitted. 3. Letters from Glen R. Nelson, E. P. Garrison, Theodore B. Lindstedt, and Ginette Barton, regarding elimination of above - ground short wave radio antenna installations and satellite dishes throughout the City, were presented. Glen Nelson, 1300 Cambridge Lane, addressed the Council regarding his letter, advising that in his area there are three such antennae. He realizes it is a, City -wide problem, and is pleased that the issue is going to be taken under study by the Planning Commission. • Volume 39 - Page 194 COUNCIL MEMBERS \CALROLL Motion All Ayes • 11 MINUTES \ May 28, 1985 x Motion was made to refer the subject letters to the Planning Department for inclusion in the records, and that Mr. Nelson be furnished a copy of the staff report on this matter when available. 4. As requested by Council Member Heather, the Planning Director reviewed the status of Ilse Permit No. 1783 (Amended) for live band and dancing at Jose Murphy's in McFadden Square, which was approved by the Planning Commission on May 23, 1985. Meeting adjourned at 10:55 p.m. OIAAIA (A"- Mayor TTEST: City Clerk Volume 39 - Page 195