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HomeMy WebLinkAbout08/13/1990 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS :A REGULAR COUNCIL MEETING 1000_7�`N� Gj 0&�03Vett PLACE: 7ca¢ci. Chambers �TIME: � 7a00 P.M. DATE: August 13, 1990 Present Motion All Ayes An All Ayes • 0 x x x x x x x x X MINUTES A. ROLL CALL. B. Reading of Minutes of Meeting of July 23, 1990, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Plummer opened the continued public hearing regarding GENERAL PLAN AMENDMENT NO. 89 -2(C), - Request initiated by the City of Newport Beach to allow commercial/ residential mixed use in the "island" area between North Newport Boulevard and Newport Boulevard in Old Newport Boulevard Specific Plan Area. It is also proposed to amend the boundaries of the Old Newport Boulevard Specific Plan Area to delete areas designated for residential use and to consider changes to the issues identified for consideration in the preparation of the Specific Plan; and the acceptance of an Environmental Document; AND USE PERMIT NO. 3380 - A request of OWEN MINNEY to allow the construction of a combined commercial /residential project containing 2,000 square feet of commercial development and three dwelling units on property located in the C -1 District. The proposal also includes a request to approve a use permit to permit commercial development of the site which maintains a Floor Area Ratio which is less than 0.25. Property located at 447 North Newport Boulevard, between Orange Avenue and Hospital Road, in the old Newport Boulevard specific Plan Area; AND 3PA 89 -2(C) (45) /P 3380 wen Minney SITE PLAN REVIEW NO. 59 - A request to Site Pln permit the construction of a combined Rvw 59 commercial/ residential development within the Old Newport Boulevard Specific Plan Area where a specific Plan has not yet been adopted; AND RESUBDIVISION NO. 929 - A request to Resub 929 resubdivide an existing lot and a vacated portion of Newport Boulevard into a single parcel of land for mixed use condominium purposes so as to create one office condominium and three residential condominium units. Volume 44 - Page 263 COUNCIL gor ROLL 40 Motion All Ayes • is X CITY OF NEWPORT BEACH MINUTES August 13, 1990 Recycled report from the Planning Department:, dated July 9, 1990. Communication from Annette Bell in support of Mr. Minney's application. The City clerk advised that after the agenda was printed, a letter was received from Owen. Minney, .applicant, requesting this item be removed from the calendar and rescheduled for a later date. There being no objections, motion was made to review the commercial /residential mixed - use issue at a future study session; close the subject hearing; and remove this item from the calendar as requested. 2. Mayor Plummer opened the public hearing.and City Council review of USE PERMIT NO. 1758 (AMENDED)., A request of NINA'S NEWPORT BEACH, to amend a previously approved use permit which allowed the establishment of a private club with on -sale alcoholic beverages, live entertainment, dancing, and off -site parking with a full -time valet parking service. The proposed amendment includes it request to expand the hours of operation of the club so as to allow a 6:00 p.m. opening, whereas the existing hours of operation are limited from 9:00 p.m. to 2:00 a.m. daily. The proposal also includes a request to formally amend a previously approved off -site parking agreement so as to allow the use of nine parking spaces in the Lido Building parking lot during the expanded hours of operation. The proposal also includes a request to approve a second off -site parking arrangement on an informal basis involving the parking lot at the southeasterly corner of 32nd Street and Villa Way so as to provide a. portion of the required off - street parking during the expanded hours of operation„ Property located at 3388 Via Lido, adjacent to Lido Marina village, on the northeasterly side of Via Lido between Via Oporto and Via Malaga. Report from the Planning Department. The City Clerk advised that after the agenda was printed, three letters were received in opposition to the request for expanded hours, etc., from 1) First Church of Christ Scientist; 2) Lido Isle Community Association; and 3) Louise Greeley, 16 Swift Court. Volume 44 - Page 264. U/P 1758(A) Ninacs (88) CITY OF NEWPORT BEACH MINUTES PC )kK\C00PONZ,if August 13, 1990 The City Manager summarized the staff U/P 1758(A) report as follows: "The applicant had originally requested that the club be open at • 6:00 p.m., but changed his request to 6:30 p.m., inasmuch as the City Traffic Engineer had concerns regarding the amount of traffic on Via Lido relative to the valet operation, as well as potential conflicts between the patrons of the private club and patrons of the City National Bank on Friday afternoons, when the bank is open until 6:00 p.m. By opening 30 minutes later, both of these concerns are adequately mitigated, inasmuch as the amount of traffic on Via Lido is significantly reduced at 6:30 p.m. so as not to be a problem. The City Council should also be aware that the applicant's purpose for opening at 6:30 p.m. is not to change the operational characteristics of the club, which has previously been described as a late night operation. Rather, said request is for the purpose of allowing the occasional use of the club for private parties during the early evening. The applicant has • indicated that the peak hours of the club operation will still be after 11:00 P.M. "In order to satisfy the additional parking demand for the private club between 6:30 p.m. and 9:00 p.m., the applicant has obtained the use of 36 additional parking spaces, beginning at 6.00 p.m. nightly, in the off -site parking lot located at the southeasterly corner of 32nd Street and Villa Way. In addition, the applicant has obtained the earlier use, beginning at 6:00 p.m., of the nine parking spaces currently permitted by the club in the Lido Building (3355 Via Lido). However, pursuant to the parking requirements set forth in the Municipal Code, the applicant is still short three parking spaces." Following discussion of the applicant's tenant lease, as set forth on page 24 of • the staff report, reference was made to valet parking on the street to which the City Attorney commented that pursuant to the original Conditions of Approval, any valet parking on the street would be a violation of the use permit. Volume 44 - Page 265 • Motion So n • CITY OF NEWPORT BEACH x x MINUTES August 13, 1990 Joe Blanchfield, applicant, addressed the Council in support of his request to open at 6:30 p.m., stating that the earlier time would allow the club to cater to private parties, such as the boat parade, etc. He further stated that the club is open to the public and provides cocktails and dancing only, and if food is desired for a private party, then it is catered. He displayed a photograph of the recently remodeled club, and urged approval of his request. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Strauss expressed his concerns regarding the requested change of hours and parking in the area, and following his comments, made a motion to deny the .request, based on the Findings and Conditions designated as Exhibit "B" in the staff report. Council Member Watt expressed her opposition to the request for a 6:30 p.m. opening time for private parties, indicating she felt it could lead to a new type of operation, and change the characteristics of the business. Council Member Cox spoke in support of the request and against the motion on the floor, stating the night club is in a business district and the applicant should be allowed to operate during business hours; and therefore, made a substitute motion to sustain the decision of the Planning commission, based on the Findings and Conditions designated in Exhibit "A" of the staff report, and adding a new condition to read as follows: 12. Permittee shall notify the City in the event of receipt of any notice to terminate parking rights pursuant to the Lease, and in such event, the Planning Commission or City Council on review or appeal, may add or modify conditions of approval or otherwise require a change in the operational characteristics." Council Member Hart indicated she could not support the substitute motion, inasmuch as the applicant was short three required parking spaces. Volume 44 - Page 266 U/P 1758(A) CITY OF NEWPORT BEACH COUNCIL MEMBERS C* August 13, 1990 Motion x Ayes x x x x Noes x x x • i Motion All Ayes • X MINUTES In view of the foregoing, a second substitute motion was made to modify the decision of the Planning Commission and allow the applicant to open at 5:00 p.m.; authorize the Mayor and City Clerk to execute an off -site parking agreement between Joseph P. Blanchfield (club site) and the Lido Building Ltd. (off -site parking site); and to include the addition of Condition No. 12, as presented on the foregoing minute page. 3. Mayor Plummer opened the public hearing [94) rd 90 -33 regarding PROPOSED ORDINANCE NO. 90 -33, oning being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT APPLIES TO NONCONFORMING USES AND STRUCTURES (PLANNING COMMISSION AMENDMENT NO. PCA 712 712). Report from the Planning Department. The City Manager summarized the staff report, rioting the proposed amendment is intended to address alteration of structures necessary to comply with the City earthquake standards, replacement of damaged or destroyed condominium units, and alteration of extensively damaged structures. On July 5, 1990, the Planning Commission voted unanimously to recommend to the City Council the adoption of the proposed amendment. Lou Vondyl, 310 Fernando Avenue, representing Newport Bay Towers Homeowners Association, addressed the Council, and was assured by the Planning Director that their concerns expressed on July 5 to the Planning Commission, were included in the subject document. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 90 -33. E. PUBLIC COMMENTS: None. Volume 44 - Page 267 Motion All yes :7 X CITY OF NEWPORT BEACH MINUTES August 13, 1990 F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR Schedule for public hearing on August 27, 1990 - (a) Proposed Ordinance No. 90 -35, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 18 SO AS TO RECLASSIFY ONE PORTION OF THE PROPERTY LOCATED ON LOTS 30, 32, AND 34, BLOCK A -36, LOCATED AT 126 -130 IRIS AVENUE; AND LOT 1, TRACT NO. 1026 LOCATED AT 3016 BREAKERS DRIVE, ON THE SOUTHEASTERLY CORNER OF IRIS AVENUE AND OCEAN BOULEVARD, AND ON THE NORTHERLY SIDE OF BREAKERS DRIVE, EASTERLY OF IRIS AVENUE, IN CORONA DEL MAR (PLANNING COMMISSION AMENDMENT NO. 713). [Report from the Planning Department) Pass to second reading on August 27, 1990 - (b) Proposed Ordinance No. 90 -36, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO BUSINESS LICENSE TAX EXEMPTION FOR CHARITABLE AND NONPROFIT ORGANIZATIONS. [Report from Assistant City Attorney) (c) Proposed Ordinance No. 90 -37, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.63 PERTAINING TO COMMERCIAL WASTE HAULERS AND REFUSE BINS. [Report from General services Director) Volume 44 - Page 268 Ord 90 -35 Zoning (94) (27) a 713 90 -36 Lic Tx 90 -37 CITY OF NEWPORT BEACH COUNCIL MEMBERS G� CGS 2� �� GN A i0+ August 13, 1990 ROLL CGLL MINUTES wnFX (d) Proposed Ordinance No. 90 -38, being, Ord 90 -38 Traffic/ AN ORDINANCE OF THE CITY Parking • COUNCIL OF THE CITY OF NEWPORT Meters BEACH AMENDING CHAPTER (85) 12.44.020 OF THE NEWPORT BEACH MUNICIPAL CODE ADDING PARKING METER ZONE EIGHT. [Report from Public Works /Traffic Engineering] 2. RESOLUTIONS FOR ADOPTION - (a) Resolution No. 90 -85 establishing the Finance/ penalty fees for excessive false Fees /False alarm responses by the Police and Alrm Pnity Fire Departments. (Report from Res 90 -85 Business License supervisor) (40) 3. CONTRACTS, /AGREEMENTS: (a) Approve the firm of George Hamilton Beacon Bay Jones, Inc. to conduct the appraisal Aprsl /Jones for BEACON BAY; and authorize the C -2828 Mayor and City Clerk to execute (38) contract not to exceed $75,000. (Report from Deputy City Manager) 4. COMMUNICATIONS - For referral as indicated: • (a) To Marine Department for reply, Marine Dpt letter of inquiry from Erika Ziegler (51) as to who has jurisdiction over injured fish and wildlife found on CATALINA ISLAND. (b) To Building Director for response, Bldg Dpt letter from Alan L. Blum requesting (26) that no BUILDING PERMITS be issued unless the proposed new or remodeled construction is accompanied by a similar permit for destruction of an equal existing building, residence, etc. (c) To Police Department for reply, PD letter from Dover Shores Community (70) Association concerning late hour DISTURBANCES at corner of Santiago and Polaris Drive, and Galaxy Park (Galaxy Drive). (d) To Public Works Department for PW response, letters from Michael (74) Shannon, Christine Scorzeill, Donald and Winifred Spengler, Cindy • Gittleman, Dr. Burton Sehler, Judy Campbell and Carol M. Hazen opposing Volume 44 - Page 269 CITY OF NEWPORT BEACH COUNCIL MEMBERS Gyy 9,y -V �an�0L � � �'Ptn y� Gv° August 13, 1990 ROLL CALL MINUTES INDEX the acquisition of public land by the OCEAN FRONT homeowners, and extension of the existing ocean front sidewalk and biketrail. • Note: Three additional letters received [regarding foregoing] from Bob Solomon, Dana Lazzarevich and Dayna Pettit. (e) To :Planning Department for inclusion Planning in the records, letter from West (68) Newport Beach Association regarding BLUFF TOP' LINEAR PARR adjacent to Hoag Hospital. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of letter to Traffic Engineer Central from Don Beatty with input regarding Balboa /Pkg problems and solutions for the Study CENTRAL BALBOA PARKING AND CIRCULATION STUDY. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral. to the claims adjuster: (a) Joshua Andreoli (a minor represented Andreoli by Christine L. Clinton) seeking • damages, alleging various conditions caused accident off Corona del Mar beach, resulting in death of father Louis Michael Andreoli on January 21, 1990. (b) Dana Bieber alleging property damage, Bieber etc.., as a result of sewer backup on July 16, 1990, at 704 Larkspur Avenue. (c) Irene Butler alleging damage to eye Butler glasses as a result of trip and fall on brick traffic median/ pedestrian walk -way at intersection of Via Lido and 32nd Street on July 27, 1990. (d) Elizabeth Chatlin alleging personal Chatlin injuries as a result of collision at intersection of Jamboree Road and Pacific Coast Highway on February 28, 1990. (e) Margit Christiana alleging property Christiano damage as a result of sewer backup at 231 Poppy Avenue on July 2, 1990. Volume 44 - Page 270 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES tp ROLL CALL�P August 13, 1990 INDEX (f) Application for Leave to Present Late Jansema- Claim of - Wendy Ann Jansema -Delec Deleo alleging property damage as a result of her automobile driving into water- course flowing across Pacific Coast Highway (State Route 1) south of Cameo Shores on February 17, 1990. (g) Ethel Grodach alleging personal Grodach injuries as a result of fall on raised sidewalk between 416 Marguerite and parking lot exit on July 25, 1990. (h) James R. Ireland alleging property Ireland damage, etc., as a result of traffic accident at Jamboree Road and Pacific _ Coast Highway on March 12, 1990. (i) Shirley Grunder Jordan alleging Jordan personal injuries as a result of falling from bicycle when she ran into reflectorized chain at 13th Street Playground on May 11, 1990. (j) Mercury Insurance Company /Flora Byrne Mercury alleging City truck backed into Ins /Byrne claimant's parked vehicle at "A" Street Parking Lot on May 27, 1990. (k) Peter Leider /Rim Leider alleging Leider • property damage as result of sewer backup at 704 1/2 Larkspur Avenue on July 16, 1990. (1) Robin Peterson alleging Police Peterson damaged her car when they threw the person they were arresting against her car on July 7, 1990. (m) George C. and Mary A. Santoro Santoro alleging property damage, etc., as result of sewer backup at #1 Goleta Point Drive on July 19, 1990. (n) Eileen S. Simpson alleging personal Simpson injuries as a result of being hit while in crosswalk on Balboa Boulevard on June 2, 1990. (o) Raymond R. Simpson alleging personal Simpson injuries as a result of being hit while in crosswalk on Balboa Boulevard on June 2, 1990. (p) David A. Smith alleging personal Smith injuries, etc., as a result of colliding with other bicyclist on Boardwalk on June 18, 1990. Volume 44 - Page 271 CITY OF NEWPORT BEACH COUNCIL MEMBERS G C .per to August 13, 1990 wnr r 'A, I MINUTES INDEX (q) David Warren alleging loss of Warren earnings, emotional, mental and physical distress as a result of arrest, etc. . (r) Barbara White alleging City Refuse White Truck damaged her parked vehicle at 124 Via Menton on July 24, 1990. (s) Russell S. Witte alleging his vehicle Witte towed in error from 29th Street on July 9 and 10, 1990; seeking reimbursement of loss of work, etc. (t) Ronald Zink alleging personal Zink injuries as a result of trip and fall at N/E corner of Prospect and Coast Highway on June 23, 1990. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: Norte. S. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Refuse Worker I, General Services Department. • (b) One Deputy Finance Director, Finance Department. (c) One Tree Trimmer I, Tree Division. (d) One Advance Planning Manager, Planning Department. (e) Two Police Records Specialists, Police Department. (f) One Police Officer, Patrol Division. (g) One Geobase System Analyst, Utilities Department. (h) one Marine Safety Officer, Marine Department. (i) One Reference Librarian, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: • (a) Report from the Assistant City nel Plcy Attorney regarding amendment to -10 COUNCIL POLICY A -10, Procedural Rules (69) for the Conduct of City Council Meetings. Volume 44 - Page 272 • • is CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES C�7t ALL lA G August 13, 1990 INDE (b) Report from Traffic Affairs committee TAC /Pkg regarding PARKING IN THE VICINITY OF (85) 18TH AT 19TH AND BAY AVENUE. (c) LIBRARY BOARD - Election of Officers for fiscal year 1990/91. 10. PUBLIC HEARING SCHEDULING - August 27, 1990: (a) RESUBDIVISION NO. 932 - A request of ROBERT BUCCI to resubdivide three Iris Avenue lots into a single parcel of :land for single family residential development and to adjust the common interior property ,line between the proposed Iris Avenue parcel and a Breakers Drive lot. The proposal also includes an exception to the Subdivision Code so as to allow the creation of parcel which is less than 50 feet wide. Property located at Lots 30, 32, and 34, Block A -36, located at 126 - 130 Iris Avenue; and Lot 1, Tract No. 1026 located at 3016 Breakers Drive, on the southeasterly corner of Iris Avenue and ocean Boulevard on the northerly side of Breakers Drive,. easterly of Iris Avenue, in Corona del Mar. [Refer to F-1 (a), Planning Commission Amendment No. 713) (Report from Planning Department) Library Bd (24) Resub 932 (84) 11. Removed from the Consent Calendar. 12. OFF -SITE PARKING AGREEMENT WITH CARMELO Manto /Off- MANTO /USE PERMIT NO. 1908 (AMENDED) - Site Pkg Accept an Off -Site Parking Agreement for a Agm portion of the required parking spaces in C -2829 conjunction with Use Permit No. 1908 (38) (Amended), which permits changes in the operational characteristics of the restaurant, located at 3520 East Coast Highway. [Report from the Planning Department] 13. Removed from the Consent Calendar. 14. SPECIAL EVENT APPLICATIONS - Uphold staff's Bus Lic/ recommendation to approve the following Spcl Evnt applications, subject to conditions listed JApli in the staff report [Report from Business (65) License Supervisor]: (a) Application No. 90 -049 - Apli#90- Temporary road closures on Bayview 049 and Backbay Drives and Jamboree Road on Sunday, November 18, from 8:00 a.m.. - 11:00 a.m. for the Annual Y.M.,C.A. and Kiwanis Club 5 K & 10K Runs. Volume 44 - Page 273 • • • CITY OF NEWPORT BEACH COUNCIL MEMBERS August 13, 1990 MINUTES (b) Application No. 90 -238 - Use of public beach in the area of the Newport Pier by the Newport Beach Lifeguard Association for their Annual Ocean Swim on Saturday, September 22, from 9:00 a.m. - 10:30 a.m. (c) Application No. 90 -247 - Temporary road closure of Backbay Drive on Saturday, November 10, from 6:30 a.m. - 8:00 p.m. for the bike tour sponsored by the National Nultiple Sclerosis Society of Orange County. (d) Application No. 90 -251 - Use of public beach at Corona del Mar State Beach on Saturday, September 22, from 8:00 a.m. - 2:00 p.m. for the National Beach Clean Up Day sponsored by Farrell Hinkle and the California Coastal Commission. Apli#90- 238 Apli(190- 247 Apli1190- 251 (e) Application No. 90 -255 - JA 90- Temporary road closures of Backbay 255 and University on Sunday, November 11, for the Orange County Register Fun Bike Rides. (f) Application No. 90 -275 - Use of Apli#90- public beach at 5300 West Oceanfront 275 on September 22 and 23, from 7:00 a.m. - 5:00 p.m. for the Annual Surf Contest sponsored by Maui and Sons and the Parks, Beaches and Recreation Department. (g) Application No. 90 -277 - Use of Apli�190- public beach at Corona del Mar State 277 Beach on Sunday, September 30, from 10:00 a.m. - 4:00 p.m. for their Annual Sandcastle Contest. - (h) Application No. 90 -283 - Use of Apli(190-- public beach at 55th Street on 283 Saturday, August 25, from 6:30 a.m. - 11:30 a.m. by the Boy Scouts of America /Annual Surf Contest. 15. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Council RECORD - Approve expense record for Trvl Expns Ruthelyn Plummer in the amount of $900.93 (33) to attend League of California Cities Mayor /Council Conference in Monterey, July 17 - 20, 1990. Volume 44 - Page 274 CITY OF NEWPORT BEACH MINUTES G ` s' C+� �y L � A G ROLL CALL August 13, 1990 16. RESUBDIVISION NO. 911 - Approve a subdivision agreement guaranteeing completion of the public improvements • required with Resubdivision No. 911 (3245- 3251 Broad Street and 476 -480 North Newport Boulevard); authorize the Mayor and City Clerk to execute the agreement; and accept the offers of dedication of 15' radius corner cutoffs at the corner of Broad Street and Bolsa Avenue and at the corner of Newport Boulevard and Bolsa Avenue. [Report from Public Works Department) 17. TRACT NO. 12873 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 12873 (2505 Cliff Drive); authorize the City Clerk to release the Faithful Performance Bond (Bond No. 9443945); and release the Labor and Material Bond (Bond No. 9443945) in six months provided no claims have been filed. [Report from Public Works Department] 18. VARIANCE NO. 1158 - Approve a Variance Agreement guaranteeing completion of the public improvements required with Variance No. 1158 (2209 Pacific Drive); and authorize the Mayor and City Clerk to • execute the agreement. [Report from Public Works Department] 19. CAMPUS DRIVE WIDENING FROM BRISTOL STREET THROUGH 14ACARTHUR BOULEVARD, PHASE II - Approve the plans and specifications for the second phase of the Campus Drive widening project and authorize the staff to issue the necessary permits to complete the work within the City of Newport Beach. [Report from Public Works Department] 20. 1989 -90 STREET RECONSTRUCTION AND RESURFACING PROGRAM, PHASE II (CONTRACT NO. 2794) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department) 21. 1989 -90 STORM DRAIN IMPROVEMENT PROGRAM (CONTRACT NO. 2716) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days • I I I I I I I I after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department) Volume 44 - Page 275 Resub 911 Tract 12873 1158 (91) PW /Campus Dr /Bristol/ MacArthur Phs II . Widening (74) '89 -90 St Rcnst /Rsrf Phs II C -2794 (38) '89 -90 Strm Drn Impry Prg C -2716 ROLL • • CITY OF NEWPORT BEACH OUNCIL MEMBERS 9�A1PO� August 13, 1990 MINUTES 22. PACIFIC COAST HIGHWAY SIDEWALK ADJACENT TO CAMEO HIGHLANDS (CONTRACT NO. 2523) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in, accordance with applicable portions of the Civil code. [Report from Public Works Department] 23. OASIS IMPROVEMENTS - PHASE I (RELOCATING GARDEN PLOTS /CONTRACT NO. 2773) - Revise the bid opening date to 11:00 a.m., on August 29,. 1990. [Report from Public Works Department) 24. JACK CALDWELL REQUEST TO CONSTRUCT A PARKING STRUCTURE IN OCEAN BOULEVARD ADJACENT TO 2711 OCEAN BOULEVARD - Uphold staff's :recommendation to approve the application subject to: 1) Applicant to execute an Agreement for Nonstandard Improvements, including provisions that the City will. not be responsible for the maintenance of any of the permitted construction; and that the City does not warrant that the existing curb cut on Ocean Boulevard in front of 2723 Ocean Boulevard will be allowed to remain if the house at 2723 Ocean Boulevard is remodeled or rebuilt; 2) Applicant to pay for 111 linear feet of 5 -foot -wide public sidewalk across the front of applicant's property at an estimated cost of $2,442 in accordance with the Policy on Financing Capital Improvements; and 3) Applicant obtains a Building Permit from the Building Department. (Report from Public Works Department) 25. RESUBDIVISION NO. 811 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 811 (3901 East Coast Highway, Corona del Mar); and authorize the City Clerk to release the Faithful Performance Bond and the Labor and Material Bond (Bond No. 2 -595 -317). [Report from Public Works Department) 26. BUDGET AMENDMENTS - For approval: BA -003, $30,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for additional funds for appraisal and cleanup necessary to negotiate the sale of City -owned property to U.S. Government in conjunction with construction of SANTA ANA RIVER MAINSTEM FLOOD CONTROL PROJECT (carry -over of funds from 1989 -90 budget inadvertently overlooked[; General Fund. Volume 44 - Page 276 PCH Sdwlk Adj Cameo Hghlnds C -2523 (38) Oasis Impry Phs I C -2773 (38) Permit/ Encroachm/ Caldwell (65) Resub 811 (84) (40) C ROLL • Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES August 13, 1990 BA -004, $7,000 - Transfer in Budget Appropriations for installation of PARKING METERS ON COAST HIGHWAY IN WEST NEWPORT; General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Recycled report from Planning Department, dated June 25, and letter in opposition from Margaret H. Bedell, concerning PROPOSED GENERAL PLAN AMENDMENT NO. 90 -2 /D. FIVE CROWNS RESTAURANT - A request of the Five Crowns Restaurant to amend the General Plan Land Use Element and the LCP Land Use Plan for an adjacent parcel from Single Family Detached to Retail and Service Commercial. The City Clerk advised that after the agenda was printed, two Letters were received as follows: 1) Jerry A. King, representing Five Crowns Restaurant, requesting this issue be continued to September 24, 1990; and 2) Deborah E. Allen, Chairperson, Corona del Mar Residents Association, recommending the City Council deny any zone change that would permit encroachment into residential areas because of a potentially dangerous precedent. Jerry A. King, representing Five Crowns Restaurant, addressed the Council and stated that since the writing of the above letter, the applicant has decided to withdraw the request for a General Plan Amendment.. Motion was made to accept the above request for withdrawal. 2. Report from Marine Department recommending denial of HARBOR PERMIT APPLICATION NO. 174 -105 BY RON COLLINS, to revise residential pier and float bayward of 105 Via Lido Soud, pursuant to Section S.B. of the Harbor Permit Policies. The City Manager summarized the staff report as follows: "Currently the structure bayward of 105 Via Lido Soud is a single finger float 123 feet long. The applicant proposes the addition to the single finger float of an additional finger, Volume 44 - Page 277 45) 90 -2 /D Crowns r Perm 174- N • I on A Ayes x • , MINUTES August 13, 1990 which would make the dock a U- shaped float, with an interior width of 34 feet. This would allow the applicant to berth a boat at the slip with the potential length of 155 to 160 feet, with the potential of extending beyond the slip up to 34 feet. Although the potential for this amount of bayward extension exists at the facility now, it is limited by the fact that the dock is a single finger. "Because of the nature of the slips in this particular location and the traffic through this area, the Marine Department has been concerned about bayward extensions beyond the existing long fingers. "This application has been reviewed by the Orange County Sheriff's Harbor Department and their recommendation was that no more than a 15 foot extension beyond the structure be allowed. The Marine Department concurs. This was discussed with the property owner and it was suggested that the proposed application be approved with a limitation that any boat berthed at the new facility not be allowed beyond the structure more than 15 feet. This would allow a vessel of approximately 135 feet in length to be berthed there. The applicant did not want to agree to the limiting condition and has elected to go forward with the application with no limits set. "Because of the potential for navigational and berthing problems in the area, the Marine Department is recommending denial of the application, unless limiting conditions can be applied." Ernest Collins, 105 Via Lido Soud, applicant, addressed the Council and displayed a photograph of his existing pier, which he stated he would like to restructure to a U- shaped dock. He stated it is not his intention to extend any vessel beyond 10 to 12 feet; however, he did not want to be limited to this restriction in the event he sells his home. Following discussion, and upon recommendation of the City Attorney, motion was made to refer the subject permit to the Tidelands Affairs Committee for report back on August 27, 1990. Volume 44 - Page 278 Perm CITY OF NEWPORT BEACH COUNCIL MEMBERS I �- 9y Go� 01V10--p* August 13, 1990 • M41 n All Ayes Motion All Ayes • 4 x H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 90 -34, being, MINUTES AN ORDINANCE OF THE CITY COUNCIL OF Camp THE CITY OF NEWPORT BEACH ADDING ocs CHAPTER 1.30 TO THE NEWPORT BEACH (39) MUNICIPAL CODE PERTAINING TO CAMPAIGN DOCUMENTS. Recycled report dated July 23, 1990 from the City Attorney. The City Attorney stated the proposed ordinance would require late campaign material to be filed with the City Clerk, and is intended to provide an opportunity for candidates and proponents /opponents of a measure to respond to last minute "hit pieces." Candidates who appear to benefit from attacks on their opponents would have an opportunity to disavow the contents of the document or any connection to the distributor. Any person distributing two hundred, or more, substantially similar campaign documents within fourteen (14) days of any general or special municipal election, shall, within two hours of first distribution, file ten (10) copies of the campaign document with the City Clerk. Motion was made to adopt Ordinance No. 90 -34. I. CONTINUED BUSINESS: None. 90 -34 J. CURRENT BUSINESS: 1. LEAGUE OF CALIFORNIA CITIES - Request for Organiz designation of voting delegates for Annual Leag CA League Conference October 21 -24, 1990. Cities (61) Motion was made to designate Ruthelyn Plummer, Mayor as the Voting Delegate, and Phil Sansone, Mayor Pro Tam as Alternate for the City of Newport Beach, at the Annual League Conference in Anaheim. 2. Report from Parks, Beaches and Recreation %L4 Department recommending denial of request (62) from Susan. Jordan Passmore for removal of three additional TREES at 1100 Pembrooke Lane, citing plumbing problems from roots in the lines. Volume 44 - Page 279 COUNCIL \G \9\ L 0 'Motion All Ayes • 40 x \�P •- U15, A MINUTES August 13, 1990 The City Manager submitted photographs of the three trees in question and stated it is the staff's recommendation, following inspection of the trees, that they should be retained. They are healthy trees that contribute to the overall street scape and it is their opinion that they will not cause sewer line problems, as described in Mrs. PaeamOre'6 letter. Following consideration, motion was made to sustain the decision of the Parks, Beaches and Recreation Commission. Meeting adjourned at 8:20 p.m. f x A 4 R w *} rt W 1t R f4 The agenda for this meeting was posted on August 9, 1990 at 8:40 a.m., on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: I 1. Volume 44 - Page 280