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HomeMy WebLinkAbout02/23/1981 - Regular MeetingC U ti s sue \,0 G RAt I CGI � n� - •. Vii..\ � . REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: February 23, 1981 MINUTES INDEX Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the Meetings of All Ayes February 2, 9 and 17, 1981, were approved as written and ordered filed. Motion x C. The reading of the ordinances and resolutions All Ayes under consideration was waived, and the City Cler was directed to read by titles only. D. HEARINGS: 1. Mayor Heather opened the continued public hearing Prop /Cndm - regarding OXBOW ANNEXATION NO. 88 (WEST NEWPORT (73) OIL WELLS). Oxbow Annx #88 /C -2229 - A report from the Utilities Director, was pre- (38) sented. A letter dated February 9, 1981 from Armstrong Petroleum Corporation, protesting the proposed annexation, was presented. A statement of Mobil Oil Corporation dated February 9, 1981, renewing its earlier statement in opposition to the proposed annexation, was presented. Hancock Banning III, President, Beeco, Ltd., ad- dressed the Council and submitted a letter in protest to the Oxbow Annexation. Mo n x In view of majority protest having been filed, Al yes annexation proceedings were abandoned. 2. Mayor Heather opened the continued public hearing LCP /Land Use regarding the proposed LOCAL COASTAL PROGRAM LAND (68) USE PLAN AND DEVELOPMENT POLICIES initiated by the City of Newport Beach for the Coastal Zone. A report from the Planning Department, together with the revised Draft Development Policies and Land Use Plan, approved by straw votes of the City Council, was presented. A letter from Margot Skilling requesting that Council again review #5(c) Page 15 and #4 Page 32 of the LCP, was presented. After the printing of the agenda, a letter was received from the Lido Isle Yacht Club supporting Council's action with respect to Public Access. Motion x The area description contained on Page 49 for All Ayes Bayview Landing, was approved as follows: " Bayview Landing (Maps 37 and 38: This site adjacent to the Newport Dunes site, is designated 'Recreational and Environmental Open Space' on the upper portion of the site, and 'Recreational and Marine Commercial' on the lower portion of • the site. The upper portion of the site shall be Volume 35 - Page 58 • 0tion es Noes Motion All Ayes Motion Ayes Noes • ti f L5 °: 1 f � 23, 1981 MINUTES for public recreational uses, with a view park and a bike path. The lower portion of this site can be used for recreational vehicle camping or similar recreational uses. As an alternate use, 4 DU's per buildable acre will be permitted, and shall be located on the lower portion of the site to pre- serve existing public views. The alternate land use will be permitted if the primary use designated proves infeasible as designated by the City Council Typographical errors were corrected on Pages 22 50 as pointed out by the City Manager. Margot Skilling addressed the Council regarding Restroom Facilities (Page 32 Item 4), suggesting specific locations be deleted and replaced with a general policy such as "Restrooms shall be located in highly impacted tourist areas." The following persons addressed the Council in support of deferring submission of the Land Use Plan of the LCP to the State Coastal Commission at this time: John Curci, William Blurock, Dave Dmohowski of The Irvine Company, Don Adkinson, Steve Specht of Urbar Assist, Inc., and Wayne Sims, President of Balboa Peninsula Point Association. Hearing no others wishing to be heard, Mayor closed the public hearing. The Land Use Plan Development Policies of the Local Coastal Program were approved in concept; and submission of the Local Coastal Program to the State Coastal Commission, was deferred at this time. Staff was directed to prepare a revised Phase III Work Program for consideration at the City Council meeting of March 23, 1981. An Ad -Hoc Committee was created to work with the staff on Phase III Work Program and marketing plan for presentation of Land Use Plan, with combined report to be submitted to Council on March 23, 1981. Mayor Heather, Mayor Pro Tem Hart and Council Member Strauss were appointed to the Ad -Hoc Com- mittee. The City Attorney was directed to prepare a resolu• tion for ratification at the next Council meeting, establishing said Ad -Hoc Committee. Volume 35 - Page 59 LCP /Land Use • MINUTES 23, 1981 3. Mayor Heather opened the public hearing and City Council review of the Planning Commission's appro- val on February 5, 1981, of USE PERMIT NO. 1969, a request of ARNOLD and CHARLENE MILLS, Newport Beach, to convert an existing duplex into a two unit residential condominium complex. A variance to the Zoning Code is also requested in that the subject property contains 3,400 sq. ft. of land area where the Code requires 5,000 sq. ft. of land area in order to convert residential property into condominium uses. Property located at 107 and 109 Grand Canal on the westerly side of Grand Canal between Park Avenue and South Bayfront on Balboa Island; zoned R -1.5; AND Public hearing and City Council review of the Planning Commission's approval on February 5, 1981, of RESUBDIVISION NO. 672, a request of ARNOLD and CHARLENE MILLS, Newport Beach, to create one parcel of land for residential condo- minium purposes where one lot presently exists to allow the conversion of an existing duplex into a two unit condominium project. Property located at 107 and 109 Grand Canal on the westerly side of Grand Canal between Park Avenue and South Bayfront on Balboa Island; zoned R -1.5. A report from the Planning Department, was pre- sented. A letter was received after the printing of the agenda from James Parker, Attorney, representing the applicants. The Planning Director advised that this request for a condominium conversion was different from other proposals which have been considered by.the City Council, in that it involves a request which was approved by the Planning Commission on August 3, 1978, and a site for which a Coastal Developmen permit has been issued (November 5, 1979). However, the applicant allowed the approval on the resubdivision to expire, and inasmuch as the City has amended its condominium procedures in the interim (September 10, 1979), the applicant was required to obtain a use permit including a vari- ance from the 5,000 sq. ft. lot requirement and a new resubdivision. The Planning Commission ap- proved the request, subject to conditions as set forth in the staff report. Council Member Maurer reported that he had viewed the site and had no objections to the proposed use. He had also talked with neighbors in the immediate area, who were also in support of the condominium conversion. 0 11111 111 Volume 35 - Page 60 INDEX UP/ 1969 (88) Resub /672 C UNCIL yti J,=� -o 9'A y�9 ROLL CALL ,p 9 Februar 23 1981 MINUTES y IN®EY James Parker, Attorney representing the applicants, Arnold and Charlene Mills, addressed the Council, stating this was not an ordinary or routine appli- cation, but an application which seeks to exercise . the City's discretion in order to avoid a forfei- ture by the Millses. The Millses, acting in good faith and relying on the statutes and ordinance in effect at the time, obtained City approval of their proposed resubdivision in 1978 and have com- plied with all conditions imposed by the City. Further, they have agreed to comply with the con- dition imposed by the Coastal Commission of adding a fourth off - street parking place for the units. The purpose of the application is to reaffirm the City's previously granted approval, rather than to establish any precedent regarding condominium con- version exceptions. Hearing no others wishing to address the Council, Mayor Heather closed the public hearing. Motion x The decision of the Planning Commission was sus - Ayes x x x x x tained. Noes x Abstain x Council Member Strauss stated for the record that, although he was sympathetic with the applicant being caught in a time problem, he abstained from voting on this issue because he is opposed to granting variances from the City's Condominium Conversion policy. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated except fo All Ayes those items removed: 1. ORDINANCES FOR INTRODUCTION: For introduction and set for public hearing on March 9, 1981: Zone Amnd (a) Proposed Ordinance No. 1876, being, AN ORDI- 0 -1876 NANCE OF THE CITY OF NEWPORT BEACH AMENDING (94) SECTIONS 20.10.035, 20.10.045, 20.10.050, 20.83.070, 20.82.090, 20.87.320, and 20.87. 260 AS THEY PERTAIN TO MODIFICATIONS COMMIT- TEE, NONCONFORMING STRUCTURES AND USES, AND RESIDENTIAL PARKING STANDARDS. Planning Commission Amendment No. 557, a request initiated by the City of Newport Beach to consider an amendment to Title 20 of the Newport Beach Municipal Code as it pertains to the powers and duties of the Modifications Committee; nonconforming structures and uses; and residential parking standards; and the acceptance of an Environmental Document. (A report from the Planning Department) Volume 35 - Page 61 CITY OF NEWPORT BEACH C UNCIL MINUTES ROLL CALL �J+ P February 23, 1981 INDEX ,h i 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. . (b) Resolution No. 9982 establishing the south Pkg /Rstrc side of Channel Place between 38th Street and R -9982 The Rialto as a No Parking /Tow Away Zone. (A (64) report from the Traffic Affairs Committee) (c) Resolution No. 9983 establishing a two -hour Pkg /Rstrc time limit for parking on Via Lido between R -9983 Central Avenue and Via Oporto. (A report (64) from the Traffic Affairs Committee) (d) Removed from the Consent Calendar. (e) Resolution No. 9984 approving Alternative 3 PB &R as the priority plan for expenditures of (62) Orange County's allocation of funds under the California Parklands Act of 1980. (A report from the Parks, Beaches and Recreation Director) (f) Resolution No. 9985 authorizing the Mayor and Hobie Npt City Clerk to execute an amendment to an R -9985 Agreement between the City of Newport Beach C -2138 and Hobie Newport to include a recreation (38) sailing club concept. (A report from the Parks, Beaches and Recreation Director) 3. COMMUNICATIONS - For referral as indicated: (a) To the Planning Commission for inclusion in P/C . their ongoing study, a letter from Ronald (67) Kennedy regarding General Plan Request 80 -3 for higher density in Newport Center. (Attached) (b) To the Pending Legislation and Procedural Redondo B( Ethics Committee, a letter from the City of Res /AB 11' Redondo Beach, California urging support of (77) AB 115, which would eliminate the Coastal Commission's authority to be in the housing . business. (Attached) 4. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Letters from the following, opposing any . further expansion of John Wayne Airport: Officers and Directors of the Linda Isle Community Association; Newport Heights Com- munity Association; Dover Shores Community Association; A. E. Bereau, Balboa Island; Newport Heights Elementary School Parent - Teacher Association Board; Henry S. and Katherine A. Dresser, Balboa Island; Debbie Hogan; Frances Bury; Marge and Harry Dignam; and Newport Harbor Chamber of Commerce. (Attached) • Volume 35 - Page 62 ,h i • • MINUTES 23, 1981 (b) Letters from the following, opposing the use of taxpayers' funds for airport ads: Robert M. Wolff, Corona del Mar and Woodrow Lewis, Newport Beach. (Attached) (c) Letter from the City Council, City of Fuller- ton, urging support of amendment to the Roos Bill 112853 (Requirements of Housing Element of cities' General Plan). (Attached) (d) Minutes of the Friends of Oasis Board Meeting of January 19, 1981. (Attached) (e) Notice of public meeting from Orange County Human Services Agency regarding Orange County Advisory Board Drug Programs. (Attached) (f) Letter from the Program Coordinator of the Victim /Witness Assistance Program (YSP) regarding comprehensive services offered. (Attached) (g) Letter from the Goodwill Industries Admini- strative Services Department requesting supportive data regarding future prognosis of the needs of the handicapped in Orange County. (Attached) (h) Notice of Special Meeting regarding Airport Land Use Commission. (Attached) (i) Minutes of the Airport Land Use Commission for Orange County, January 15, 1981. (At- tached) (j) Notice of public hearing before the Orange County Board of Supervisors on a proposed zone change regarding certain property along Pacific Coast Highway between Newport Beach and Laguna Beach. (Attached) (k) Preliminary Agenda - Local Agency Formation Commission of Orange County, February 25, 1981. (Attached) (1) Notice of State of California, Department of Health Services regarding revised priority list under the Safe Drinking Water Bond Law of 1976. (Attached) (m) Special Notice from the California Water Resources Association to the new Secretary of the Interior, urging adoption of specific policies with regard to 12 major issues in California. (Attached) (n) Agendas of the Orange County Board of Super- visors meetings for February 10, 11, 17 and 18, 1981. Volume 35 - Page 63 C u • MINUTES February 23, 1981 5. CLAIMS FOR DAMAGES: - For denial and confirmation of the City Clerk's referral to claims adjuster: (a) Claim of Tony Anish (Performance Tires) for property damage sustained on November 14, 1980 in the vicinity of Fashion Island - Newport Center, alleging that the absence of barriers and warning lights resulted in damage to his vehicle. (b) Claim of Rebecca Ann Sullivan for personal injuries and property damage, allegedly sustained in a vehicle accident involving Newport Beach Police Officer, on January 13, 1981, in the vicinity of Bayside Drive. (c) Claim of.Kimberly Meeks for property damage allegedly sustained when a City street sweeper struck her vehicle in the alley of 28th Street on December 31, 1980. 6. SUMMONS AND COMPLAINTS: None. 7. REQUEST TO FILL PERSONNEL VACANCIES - For approv- al: (A report from the City Manager) (a) One Police Clerk I, Police Department, to fill a vacant position. 8. STAFF AND COMMISSION REPORTS: - For information and approval: (a) Removed from the Consent Calendar. (b) Report from the City Attorney regarding subdivision of subdivided lots for condomin- ium projects. (Attached) (c) Report from the Planning Department regarding an amendment to the Planning Commission Rules of Procedure as they pertain to the Planning Commission Study Sessions. (Attached) 9. PUBLIC HEARING SCHEDULING: - Set for public hearing on March 9, 1981: (a) Planning Commission Amendment No. 558, a request of Greenwich Plaza, a partnership, Newport Beach, to amend the Planned Community Development Plan for Koll Center Newport to allow the transfer of allowable square foot- age within the Planned Community, and the acceptance of an Environmental Document. Property located at 4601 Von Karman Avenue, on the northwesterly side of Von Karman Avenue between Campus Drive and Birch Street in the Koll Center Planned Community. (A report from the Planning Department) 11111111 Volume 35 - Page 64 (36) Anish (Performance Tires) Sullivan Meeks (66) Subdivisions (84) Ping /Com (67) P/C Amnd 558 (94) • C • E A�U 14 February 23, 1981 . MINUTES (b) Planning Commission Amendment No. 559, a request of JM Peters and Company, Inc., Newport Beach, to amend the Planned Community Development Standards for the Aeronutronic Ford Planned Community to consider a change in the proposed housing types and a change of various development standards for the resi- dential areas of the Planned Community. Property bounded by Bison Avenue on the north, MacArthur Boulevard on the East, Ford Road on the south and Jamboree Road on the west; zoned P -C; Coro Tentative Tract Map No. 11377, a request of JM Peters and Company, Inc., Newport Beach, to subdivide 66.5 + acres into 93 numbered lots for detached single - family residential purposes, two numbered lots for.residential condominium purposes, and three lettered lots for common landscape purposes. Property bounded by Bison Avenue on the north, MacAr- thur Blvd. on the east, Ford Rd. on the south, and Jamboree Rd. on the west; zoned P- C. (A report from the Planning Department) 10. SAN JOAQUIN HILLS ROAD RESURFACING (C -2196) - Ap- proval of the plans and specifications for the subject project; authorization to the City Clerk to advertise for bids to be opened at 10:30 a.m., on March 11, 1981. (A report from the Public Works Department) 11. COAST HIGHWAY -UPPER NEWPORT BAY BRIDGE PROJECT - Authorize staff to negotiate a change order and supplemental cooperative agreement with CALTRANS to extend the fourth westbound lane from easterly bridge abutment to Bayside Drive. (A report from the Public Works Department) 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. 14. BUDGET AMENDMENTS: - For approval: (a) A report from the City Manager regarding the following mid -year budget adjustments: (At- tached) BA -049, $262,174.93 increase in Fund Balance, a net increase in Budget Appropriations and an increase in Revenue Estimates; General Fund. BA -050, $45,461.04 decrease in Fund Balance; a net increase in Budget Appropriations and an increase in Revenue Estimates; Park and Recrea tion Fund. • 11111111 Volume 35 - Page 65 P/C Amnd 559 Tr 11377 SJ /H1sRd Resurfg C -2196 (38) CHwy /UNpt Bay Bridge C -1968 (38) (25) Is] • • Motion All Ayes Motion Ayes Noes • x x MINUTES February 23, 1981 BA -051, $2,015.00 decrease in Fund Balance; and an increase in Budget Appropriations; Library Fund. BA -052, $3,680.05 increase in Fund.Balance, a decrease in Budget Appropriations and a de- crease in Revenue Estimates; State Gas Tax Fund (Section 2107). BA -053, $24,895.00 decrease in Budget Appro- priations and decrease in Revenue Estimates; State Gas Tax Fund (Section 2106). BA -054, $304,600.00 decrease in Fund Balance, and in Revenue Estimates; Fines, Forfeits, ani Penalties Fund. BA -055, $36,050.00 decrease in Fund Balance and in Revenue Estimates; Parking Meter Fund. BA -056, $32,620.00 increase in Fund Balance and in Revenue Estimates; Tide and Submerged Lands Fund. BA -057, $72,100.00 increase in Fund Balance, a decrease in Budget Appropriations and an increase in Revenue Estimates; Building Excise Tax Fund. BA -058, $256,417.98 increase in Fund Balance, an increase in Budget Appropriations and an increase in Revenue Estimates; Water Fund. (b) BA -059, $300.00 increase in Budget Appropria- tions and increase in Revenue Estimates for donation of supplies for Children's Program from City of Pasadena; Library Fund. BA -060 - Removed from the Consent Calendar. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Following comments by Council Member Plummer relative to the 75th Anniversary Logo, a report from the 75th Anniversary Committee, pertaining to the Anniversary Theme and Logo, was approved. 2. The proposed resolution awarding a contract to All American Asphalt in connection with the Corona del Mar Beach Parking lot (East side) redesign and resurfacing (C- 2224), was deferred to March 9, 1981, and staff was requested to report on the State's standards for beach use. Council Member Hummel advised that the Breakers Drive Association had reviewed the proposal and expressed reservations. Volume 35 - Page 66 75th /Anvsry Ad -Hoc Com (24) Amer /Asphalt CdM Bch /Pkg C -2224 (38) 10 Motion All Ayes • Motion All Ayes u Motion Ayes Absent l • MINUTES February 23, 1981 3. A report from the Public Works Department regard- ing the 208 WATER QUALITY PLANNING PROGRAM - EARLY ACTION CONTROL PLAN - Recommending authori- zation to adopt a budget amendment appropriating the anticipated State grant revenues for the project; and authorizing staff to notify Boyle Engineering to proceed with preparation of the plans and specifications; and Budget Amendment 060, $1,000,000.00 increase in Budget Appropriations and increase in Revenue Estimates for construction of Upper Newport Bay Early Action Sediment Control Facilities; General Fund, were deferred to March 23, 1981, following the State Water Control Board meeting on March 19, 1981, as recommended by the City Manager. 4. A report from the Public Works Department regarding ROUTE 55 (COSTA MESA FREEWAY)--ALTERNA- TIVE'SELECTION - Recommending authorization for the Route 55 Policy Advisory Committee (PAC) member to support the Technical Advisory Commit= tee's (TAC) recommendations for reducing the number of alternatives to receive further evalua- tion in the Route 55 study and environmental document, was approved as set forth in the report, with the modification that the alternative on the adopted route extending to Industrial Way also be included with the alternatives to receive further study, as recommended by the City Council of Costa Mesa. It was indicated by the Council that their approval of the foregoing modification was not to be interpreted as an endorsement of the subject alternative. 5. A proposed resolution approving the application for 1980 -81 grant funds under the Roberti- Z'berg Urban Open Space and Recreation Program for Lighting of Tennis Courts at West Newport Park and San Joaquin Hills Park, was presented. Margot Skilling addressed the Council suggesting the grant funds be used for other recreational purposes, rather than lighting of tennis courts. Mayor Heather was excused from the meeting at this time to leave for Washington, D. C. She will represent noise impacted cities before Congress, when Congressman Florio will be reviewing the Noise Control Act of 1972. Following consideration, the subject resolution ww referred to the Parks, Beaches and Recreation Com- mission for review at their meeting on March 3, 1981. Also, staff was directed to notify the homeowners association in the area of the proposed project. Volume 35 - Page 67 1208 Wtr Qlty C -2238 (38)Boyle Eg. IBA -060 Costa Mesa Freeway ('43) PB &R WNpt Pk/ SJHls Pk (62) C u Motion x Ayes x x x x x x Absent x • Motion Ayes Absent Ix x Ix Motion I Ix Ayes X X X X Absent Ix ion s Absent V IX MINUTES February 23, 1981 H. ORDINANCES FOR ADOPTION: 1. Ordinance No. 1874, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.020(d) OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING IN PARKING METER ZONE FOUR, 28TH STREET BETWEEN LIDO PARK DRIVE AND THE RHINE; AND AMENDING SECTION 12.44.020(£) OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING IN PARKING METER ZONE SIX, 28TH STREET BETWEEN NEWPORT BOULE- VARD AND VILLA WAY, was presented for second reading. Ordinance No. 1874 was adopted. 2. Ordinance No. 1875, being, AN ORDINANCE AMENDING SECTION 12.24.040 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCLUDE MONROVIA AVENUE IN THE 35 MILE PER HOUR PRIMA FACIE SPEED LIMIT ZONE AND AMENDING SECTION 12.24.070 OF THE NEWPORT BEACH MUNICIPAL CODE TO INCLUDE PORTIONS OF PLACENTIA AVENUE AND FIFTEENTH STREET IN THE 40 MILE PER HOUR PRIMA FACIE SPEED LIMIT ZONE, was presented for second reading. Ordinance No. 1875 was adopted. I. CONTINUED BUSINESS: 1. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE -YEAR TERM EXPIRING DECEMBER 31, 1981: Bicycle Trails Citizens Advisory Committee The following actions were taken: (District 4) Mayor Heather's appointment/ reappointment, was deferred to March 9, 1981. (District 6) Council Member Hummel's appointment/ reappointment, was deferred to March 9, 1981. (District 7) Council Member Cox's appointment of Peggy Smith, was confirmed. Environmental Oualitv Citizens AdvisorvCommittee (District 7) Council Member Cox's reappointment of Bernard Pegg, was confirmed. Volume 35 - Page 68 0 -1874 Trfc /Pkg (85) 0 -1875 Trfc /Pkg (85) CAC (24) Motion Ayes Absent Otion s ent Motion Ayes Noes Absent • • x x Ix x x x x Ix x x IKI CITY OF NEWPORT BEACH MINUTES J' P� February 23, 1981 INDEX 2. COUNCIL POLICY A -8, as recommended in the City Council x x Attorney's report regarding Complimentary Balboa Policy Club Membership cards, was adopted. (69) 3. June 8, 1981 was scheduled for APPOINTMENTS TO BoardsjCom x x BOARDS AND COMMISSIONS; executive salary adjust- (24) ments to be determined at a later date. J. CURRENT BUSINESS: None. K. ADDITIONAL BUSINESS: 1. Council Member Hummel expressed his views with respect to the City's position on the Noise Variance application for John Wayne Airport. Council Member Hummel made a motion that the City of Newport Beach oppose the granting of a Noise x x Variance for John Wayne Airport, which motion FAILED. L. The meeting was adjourned at 10:30 p.m. ATTEST: Volume 35 - Page 69