HomeMy WebLinkAbout11/25/1985 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
C0 s� \�M;l C REGULAR COUNCIL MEETING f PLACE: Council Chambers
,TIME: 7:30 P.M.
ROLL CAL `r 9 DATE: November 25, 1985 INDEX
Present
x
x
x
x
x
A. ROLL CALL.
.ent
x
x
Council Member Agee entered the meeting at
this time.
Motion
x
B. The reading of the Minutes of the
Ayes
x
x
x
x
Meeting of November 12, 1985, was
Abstain
x
x
waived, 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.
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D. HEARINGS:
1. Mayor Maurer opened the public hearing
Utilities/
pursuant to the California Water Code
Urban Wtr
regarding approval of final draft of the
Mgm Pln
Urban Water Management Plan for the City
(89)
of Newport Beach.
The City Manager advised that during the
1983 -84 Regular Session of the
California Legislature, AB 797 was
passed and chaptered as part of the
California Water Code. This bill,
commonly known as the Urban Water
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Management Planning Act, requires all
urban water purveyors with more than
3,000 service connections or water use,
or more than 3,000 acre -feet per year
served directly to consumers to prepare
and submit a plan not later than
December 31, 1985.
Robert Dixon of the Utilities
Department, addressed the Council and
stated that the staff has one additional
statement to add to the Urban Water
Management Plan, under the public
comments section, before the plan is
forwarded to the Department of Water
Resources. He stated that the staff was
reviewing the drought situation on the
East Coast and noted that the City of
New York was losing 50 million gallons
of water per day because of poor
maintenance, and as a result, the
statement to be added will read, "that
the City of Newport Beach will maintain,
at the City Council's direction, an
aggressive maintenance program."
Hearing no others wishing to address the
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Council, the public hearing was closed.
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Motion
All Ayes
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MINUTES
November 25, 1985
INDEX
/P 3170 &
esub 737
ilsand
88)
In response to Council Member Heather,
Mr. Dixon stated that the staff will
also be pursuing a "leak" protection
program in 1986.
X
Motion was made to approve the final
draft of the Urban Water Management Plan
for the City of Newport Beach, with the
additional statement as recommended by
staff in the foregoing.
2. Mayor Maurer opened the public hearing
on the APPEAL OF SANDY GILCHRIST, E
GILSAND COMPANY, Newport Beach, from the
decision of the Planning Commission on I
October 24, 1985, conditionally- approving
USE PERMIT NO. 3170, a request of the
Gilsand Company to permit the
construction of a three story
commercial /residential condominium
structure in the C -1 District, which
exceeds the basic height limit in the
26/35 Foot Height Limitation District.
The proposal also includes a
modification to the Zoning Code so as to
allow the use of a substandard parking
aisle width with wider than standard
parking spaces and the use of compact
size parking spaces for a portion of the
required off - street parking;
AND
City Council review of RESUBDIVISION NO.
737, a request for an extension of time
in conjunction with the approved
Resubdivision No. 737, which permitted
the establishment of a single parcel of
land for residential /commercial
condominium purposes where two lots
presently exist. Project to be located
at 411 and 413 30th Street in Cannery
Village.
Report from the Planning Department,
was presented.
Brion S. Jeannette, Architect for the
applicant, addressed the Council and
reviewed the project under consideration
and the proposed height limit. He
stated that the Planning Commission
requested the applicant to remove the
greenhouse space, which was to be on the
upper portion of the roof, to which the
applicant has agreed. In the process of
removing the greenhouse space, there is
a small area of approximately 180 sq.
ft. which can be eliminated out of the
building if it is the desire of the
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INDEX
/P 3170 &
esub 737
ilsand
88)
COUNCIL MEMBERS
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November 25, 1985
MINUTES
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Council. In addition, the size of the
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building has a requirement of 11 parking
spaces; however, the applicant will be
providing 14 parking spaces.
Hearing no others wishing to address the
Council, the public hearing was closed.
Discussion ensued, wherein Council
Member Strauss made reference to the
Disclosure Statement regarding John
Wayne Airport, as set forth on Page 3 of
the staff report, and suggested the
following changes:
a.) Substitute the word "will" for
" may. it
b.) Eliminate.
c.) Leave as written.
d.) Delete the words "phase out
or" from the second line.
Motion
x
Motion was made to approve the project
All Ayes
as submitted by the applicant, with the
elimination of the greenhouse as
recommended by the Planning Commission,
and the deletion of 180 sq. ft. from the
proposal as suggested by the applicant;
and further, that the Disclosure
Statement relative to John Wayne Airport
be revised as set forth in the
foregoing.
E. PUBLIC COMMENTS:
1. Curtis Herberts, 2290 Channel Road,
Fun Zone
addressed the Council regarding the Fun
Zone project currently under
construction, specifically the
improvements to Washington Street.
The Public Works Director responded that
the staff is seeking a way to
reconstruct the total street end, which
may require some City funds in addition
to the funds the developer is obligated
to spend, but he does feel the work can
be done and it would be a worthwhile
project. When completed, the entire
street would be concrete, and there
would be a walking mall at the street
end nearest the bay.
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ROLL99 �G� 9GA 99� �9� cc„tn
November 25, 1985
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INOFX
on
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F. CONSENT CALENDAR:
The following actions were taken as
A1 Ayes
indicated, except for those items removed:
1. ORDINANCES FOR INTRODUCTION:
None.
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 85 -93 requesting the
Annexation
Local Agency Formation Commission
No. 91 /Upr
to approve annexation of
Npt Bay
uninhabited territory designated as
Res 85 -93
UPPER NEWPORT BAY ANNEXATION NO.
(21)
91, and designating the territory
as undeveloped property pursuant to
the Master Property Tax Agreement.
(w /Report from Executive Assistant
to the City Manager)
(b) Resolution No. 85 -94 prohibiting
Marine Dpt/
all flotation devices at The Wedge
The Wedge
when the black ball flag is
Res 85 -94
displayed. (Report from Marine
(51)
Department)
3. CONTRACTS /AGREEMENTS:
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(a) Award Contract No. 2536 to Paxin
Trfc Signls
Electric, Inc., Lancaster,
Sfty Lghtg
California for $172,450 for
C -2536
Installation of Traffic Signals and
(38)
Safety Lighting at the
intersections of Jamboree Road at
Island Lagoon Drive, Newporter Inn
and Newport Center Drive at Santa
Cruz Drive (C- 2536). (Report from
Traffic Engineering)
(b) Award Contract No. 2503 to Pavement
Street /Alley
Coatings Co., in the amount of
Slurry Seal
$222,649 for 1985 -86 Street and
185 -86
Alley Slurry Seal Program; and
C -2503
authorize the Mayor and City Clerk
(38)
to execute said contract. (Report
from Public Works)
(c) Acceptance of an Amended Off -Site
Npt Ski Co
Parking Agreement for an additional
Off -site
required parking space in
Pkg Agm
conjunction with MODIFICATION NO.
C -2551
904 (AMENDED), a request of the
(38)
Newport Ski Company, Newport Beach,
to construct a 145± sq. ft.
addition to the front of the
is
Mariners Mile Commercial Center
where a previously- approved
modification permitted the
construction of buildings that
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encroach to within five feet of a rear
property line. (Report from the
Planning Department)
4. COMMUNICATIONS - For referral as
indicated:
(a) Removed from the Consent Calendar.
(b) To Public Works for consideration,
Public'Wotks
State Department of Water Resources
(74)
grant application program regarding
Stream Restoration Program.
(c) To Executive Assistant to the City
Misc.Req/
Manager for response, letter from
Giovannoni
L. C. Giovannoni requesting City
(52)
consider annexing area north east
of South Coast Plaza, consisting of
condominiums, apartments and
townhomes, presently utilizing a
Santa Ana address.
(d) To Public Works Department for
Public Works
response, letter from John S. Negus
(74)
regarding proposed petition he
received to participate in
undergrounding of electric and
telephone lines in the vicinity of
1204 East Balboa Boulevard.
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(e) To Council Ad Hoc Committee to
Ad Hoc Teen/
Study Whether the City Should
Yth Cmte
Establish a Teen /Youth Committee,
(24)
list of residents in support of a
teen - oriented center.
(f) To Marine Department for inclusion
Marine Dpt.
in the records, letter from Bill
(51)
Sharp, Associate Editor, Surfing
and Bodyboarding Magazines
regarding The Wedge.
(g) To Planning Department for
Planning
inclusion in the records, position
(68)
letter from Cliff Haven Community
Association regarding traffic,
taxes, new housing, the San Joaquin
Hills Freeway and proposed road fee
program.
(h) To Marine Department for inclusion
Marine Dpt.
in the records, clipping from Mr.
(51)
and Mrs. John W. Larson regarding
Newport Harbor cleanup.
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COUNCIL MEMBERS
\CALV ROLL �� y�'P November 25, 1985
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(i) To staff for response, a petition
Misc.Req/
to Charles J. Daros being
Daros
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circulated by the Highland Shores
(52)
Residential Board and Care to
residents in the vicinity of 1406
Lincoln Lane regarding proposed
private residential board and care
facility for elderly people between
the ages of 65 -68 for medical
recovery or moderate convalescing.
(j) To the Executive Assistant to the
0/C Organz
City Manager for response, letter
(54)
from City of Costa Mesa Mayor Norma
Hertzog, requesting funds from the
City of Newport Beach to
participate in Orange County's
Imagination Celebration to give
children in private and public
schools exposure to a wide variety
of music, dance, drama, opera,
musical comedy, and the visual arts
during a ten -day happening, March
1986.
(k) To Parks, Beaches and Recreation
PB &R
Commission for response, letter
(62)
from California State Resources
Agency, Recreational Trails
Committee requesting the City's
support to accelerate completion of
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the Irvine Coastal Trail, whereby
The Irvine Company would receive
credit toward future development
proposals in providing the needed
easement for the trail project.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter from Friends of
Oasis to Traffic Affairs Committee
regarding request for signal at the
intersection of Fifth and
Marguerite.
(b) Clippings, copies of letters
regarding Al "King Alfonso"
Lizanetz's ongoing campaign against
Avco Corp.
6. CLAIMS FOR DAMAGES - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Crab Cooker seeking indemnity from
Crab Cooker
claim filed by Mary Soto for
personal injuries on December 16,
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1984.
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(b) Charles Elvidge, Margaret Elvidge
and Charles Elvidge, Sr., alleging
Elvidge
personal injuries, etc., as a
result of negligent conduct and
failure to give notice of dangerous
condition at 1400 South Bayfront on
August 11, 1985.
(c) Marilyn Giffen alleging personal
Giffen
injuries as a result of a trip and
fall on sidewalk due to broken and
raised sidewalk at Ocean Blvd. (501
Iris Avenue, Corona del Mar) on
September 18, 1985.
(d) Peter Gray for personal injuries as
Gray
a result of being struck by a
vehicle while riding bicycle in
bike path; alleging incident was
caused by inadequate lighting at
intersection of Riverside and Cliff
Drive on August 20. 1985.
(e) Eileen M. and Gail M. Harrington
Harrington
for damages, alleging City did not
notify her properly of significant
changes in dependent eligibility
provisions of group insurance plan
with Pacific Mutual Life Insurance
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Company on or about August 13,
1985.
(f) Sherry Meseck for personal injuries
Meseck
as a result of claimant's foot
being caught in uneven portion of
sidewalk, causing her to fall and
severely injure her knee, alleging
City negligent in maintenance and
allowance of hazardous condition to
exist on sidewalk at 506 South
Bayfront, Balboa Island (in front
of Ferry Shop Boutique) on
September 21, 1985.
(g) Stephen W. Sellwood, Sr., for
Sellwood
property damage to lawn and garden
area in front and rear of house,
allegedly due to ruptured main
water line at 3735 Blue Key, Corona
del Mar on September 20, 1985.
(h) Eric Simpson for personal_ injuries
Simpson
as a result of hitting his head on
sandbar when entering water at
bottom of Marguerite Street, Corona
del Mar beach on October 12, 1985.
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(i) Rolland Soll for property
Soll
damage /discoloration of lower boat
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hull (in the vicinity of 35th
Street) as a result of oil
explosion on Balboa Boulevard on
August 2, 1985.
(j) Wiley Swearingen for destruction of
Swearingen
personal belongings, vehicle, loss
of work and emotional distress,
allegedly due to oil spill /fire on
the Balboa Peninsula at 206 -44th
Street on August 2, 1985.
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Pamela Jo Ingraham for Negligence
Ingraham
and Damages for personal injury,
Orange County Superior Court, Case
No. 47- 33 -34. Claim was denied by
the City Council on September 23,
1985.
(b) Chris Sausser, for Personal
Sausser
Injuries, Orange County Superior
Court, Case No. 47- 32 -15. Claim
was denied by City Council on
August 26, 1985.
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(c) Mary Soto for damages, Orange
Soto
County Superior Court, Case No.
48- 42 -76. Claim was denied by City
Council on February 25, 1985.
8. REQUEST TO FILL PERSONNEL VACANCIES:
(66)
(Report from the City Manager)
(a) Approve one Equipment Mechanic II,
Equipment Maintenance Division.
(b) Approve one Laborer, Asphalt
Division.
(c) Approve one Refuse Leadworker,
Refuse Division.
(d) Approve one Police Officer, Patrol
Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar.
(b) Request that the City Council
Council
reorganizational meeting be held on
Policy A -1
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December 9, rather than as set
(69)
forth in Council Policy A -1.
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10. PUBLIC HEARING SCHEDULING.- Schedule for
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December 9, 1985:
(a) PLANNING COMMISSION AMENDMENT NO.
PCA 626
626, a request of THE IRVINE
(94)
COMPANY, Newport Beach, to amend
the KOLL CENTER NEWPORT PLANNED
COMMUNITY DEVELOPMENT STANDARDS so
as to allow up to two restaurants
with a total floor area not to
exceed 3,250 sq. ft. within 'Office
Site C" of the Planned Community.
Project located on the easterly
side of MacArthur Boulevard,
between Campus Drive and Birch
Street, in 'Office Site C" of Koll
Center Newport Planned Community.
(Report from the Planning
Department)
11. HARBOR PERMIT APPLICATION $124 -701 -
Harbor Perm
Approve, subject to conditions listed in
#124 -701
the staff report, application by Louis
(51)
W. Briggs to revise the commercial
marina bayward of 701 Lido Park Drive.
(Report from Marine Department)
12. WATER MAIN, SEWER MAIN AND ALLEY
trMn /SwrMn
REPLACEMENT PROGRAM (C -2504) - Approve
Alley Rplcm
the plans and specifications; and
C -2504
authorize the City Clerk to advertise
(38)
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for bids to be opened at 11:00 a.m. on
December 19, 1985. (Report from Public
Works)
13. RESUBDIVISION NO. 810 - Accept the offer
Resub 810
of dedication of a 10 -foot easement for
(88)
storm drain purposes as shown on Parcel
Map 85 -268, and a 2 -foot easement for
pedestrian purposes along the Balboa
Boulevard frontage as shown on Parcel
Map 85 -268 (a portion of Lot D, Banning
Tract and Record of Survey 27 -47,
located at 4509 West Coast Highway, on
the southwesterly corner of West Balboa
Boulevard and West Coast Highway, in
West Newport). (Report from Public
Works)
14. APPEAL FROM DENIAL OF A CURB CUT REQUEST
Curb Cut/
- Table the appeal by Mike Franklin,
PW
Franklin Properties, from denial of a
(74)
curb cut on property located at 416
Larkspur Avenue, until the applicant has
applied for a use permit for a parking
lot in a residential zone adjacent to a
commercial district. (Report from
Public Works)
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15. CITY COUNCIL TRAVEL AUTHORIZATION AND
EXPENSE - Approve expense record for
Council
Expense
Mayor Pro Tem. Plummer in the amount of
(33)
$692.44 while testifying before House
Committee regarding Offshore Oil
Drilling in Washington, D.C., from
November 11 - 13, 1985.
16. BUDGET AMENDMENTS - For approval:
BA -042 - $4,000, Transfer in Budget
Mariners
Appropriations to provide for retrofit
Brnch Lbry/
restrooms at Mariners Branch Library for
Restrms
the handicapped; Mariners Branch Library
(74)
Fund. (Report from Public Works)
BA -043 - $3,595, Increase in Budget
Appropriations to provide for removal
and replacement of shrubs at Marinapark;
Marinapark Fund.
BA -044 - $5,550, Increase in Budget
Appropriations to provide for moving,
setup, and skirting of donated
mobilehome; Marinapark Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Letter from Harbor Island resident
Misc.Req/
Dardie Schaefer Dunlap regarding
Dunlap
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habitual noise disturbance caused by
(52)
neighbor playing /practicing on drums,
was presented.
Mayor Maurer advised he had been
contacted by Mr. Dunlap, who stated that
he could not be in attendance to speak
to his letter, but wanted the Council to
know that the noise disturbance had not
decreased, and therefore, he was in need
of assistance from the City.
In response to Council inquiry, the City
Attorney stated that there is only one
avenue of control in this instance, and
that is a violation of the Penal Code
for disturbing the peace. If the drums
were to annoy a substantial number of
persons in the area in question, then
the City might be able to proceed by way
of a public nuisance action. However,
if the disturbance is only bothering one
person, then it becomes a private
nuisance and would have to be handled by
private legal action.
Motion
x
Motion was made to refer the subject
16 Ayes
letter to staff for response.
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2. Memorandum from the City Manager
regarding Adoption of Amendments to
Council
Policy P -1
Council Policy P -1 (Administrative
(69)
Guidelines for the Implementation of the
Provisions of State Law Relative to
Low -and Moderate - Income Housing within
the Coastal Zone), was presented.
Dave Dmohowski of The Irvine Company,
addressed the Council and stated that
following review of the Amendments to
Council Policy P -1, they would like to
offer the following comments:
Page 2, Item No. 2 (last
sentence) - they feel the applicant
should pay for all "project
related" costs of any
feasibility ......................
Page 3, Item No. 6 (second
sentence) - they feel the
Affordability Income Limits should
be calculated by using data from
Orange County, rather than the
California Administrative Code,
inasmuch as the County information
is more accurate and current.
Page 4, Item No. 12 (Eviction) -
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their legal counsel feels the
interpretation for Eviction is
unnecessarily broad, and suggested
it be limited more toward unlawful
detainer actions.
The City Manager stated that the staff
feels the court actions would include
the actions mentioned by Mr. Dmohowski
and would be all inclusive.
Motion
x
Motion was made to approve the
All Ayes.
Amendments to Council Policy P -1, as set
forth in the report from the City
Manager, including the change to Item
No. 6, Page 3 as noted above.
H. ORDINANCES FOR ADOPTION:
None.
I. CONTINUED BUSINESS:
None.
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&R /FrOasis
2)
rbor Perm
124 -701
J. CURRENT BUSINESS:
1. Report from Parks, Beaches and
PB
Recreation regarding Friends of Oasis
(6
request to serve cocktails at their
Christmas fund raising event Sunday,
December 15, 1985, from 5 p.m, to 8
p.m., was presented.
x
Motion was made to approve the request.
It was suggested by Council Member Agee
that staff review the existing policy
with a view to amending said policy to
allow the consumption of cocktails, but
no official Council action was taken.
K. ADDITIONAL BUSINESS:
None.
Mayor Maurer adjourned the meeting at 8:07
p.m., but at the request of John Penney, 3471
Via Lido, the meeting was reconvened.
Mr. Penny addressed the Council regarding
He
Agenda Item No. F -11, Harbor Permit
#
Application #124 -701 by Louis W. Briggs to
revise the commercial marina bayward of 701
Lido Park Drive.
Mr. Penny stated that he represented Mr.
Briggs and wanted to clarify the application
in question. He commented that the docks are
in poor condition and that the applicant
wishes to resolve the permit problems by
having the permit issued in the name of the
new property owner which could take as long
as six months from now. The existing docks
will be rebuilt by the new owner and Mr.
Briggs just wants assurance from the City
Council that the subject application will not
be cancelled, inasmuch as the configuration
of the docks could change.
Mayor Maurer indicated that the Council had
reviewed and approved the subject
application, subject to the conditions
listed in the staff report, and had no
objections to the request.
There being no furl r action, the meeting
adjourned at 812 p.m
Mayor
ATT T:
City Clerk
Volume 39 - age 436
INDEX
&R /FrOasis
2)
rbor Perm
124 -701