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HomeMy WebLinkAbout02/10/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS ,q G 11 '5,9 F 9 � yF 9 c F � REGULAR COUNCIL M EETING PLACE: Council Chamber s TIME: 7:30 P.M. DATE: February 10. 1986 Present x 40 nt x ion Ayes Motion All Ayes • Motion All Ayes • x x x x x x X x A. ROLL CALL. B. The Minutes of the Meeting of January 27, 1986, was waived, approved as written, and ordered filed. MINUTES C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the continued public hearing and City Council review of a related Environmental Document and proposed ORDINANCE NO. 86 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING REGULATIONS FOR VESTING TENTATIVE MAPS FOR RESIDENTIAL SUBDIVISIONS (PLANNING COMMISSION AMENDMENT NO. 630), was presented for second reading with Planning Department report dated January 27, 1986. Letter from the Irvine Company requesting consideration of comments and revisions regarding the proposed ordinance, was received. Motion was made to continue this item to February 24, 1986, as recommended by the staff. 2. Mayor Maurer opened the public hearing and City Council review of an APPEAL BY CHARLES CAPRI, from the denial of the Planning Commission on January 9, 1986, of USE PERMIT NO. 3183 AND RESUBDIVISION NO. 822, requests to permit the resubdivision of an existing lot so as to create a single parcel of land for the establishment of a two unit residential condominium project on property located at 426 Avocado Avenue, Corona del Mar; zoned R -2. Report from the Planning Department, was presented. Appeal application of Charles Capri, was presented. Volume 40 - Page 36 Ord 86 -1 Regs fr Vestg TMaps Rsdntl SubD (68) ?CA 630 (94) U/P 3183 (88) (84) 822 I I! i I CITY OF NEWPORT BEACH COUNCIL MEMBERS C s� o S ti v f 99 �G3 9G9 99� �9� c�F Gd ROLL CAL February 10, 1986 MINUTES M The City Clerk advised that after the agenda was printed, a letter was • received from Charles Capri, the Applicant, requesting this item be continued to February 24, 1986. Otion x Motion was made to continue this item to All Ayes February 24, 1986 as requested. 3. Mayor Maurer opened the public hearing U/P 3091(A) and City Council review of USE PERMIT (88) N0. "3091 (AMENDED), [as required by a Condition of Approval of RESUBDIVISION Resub 403(A) NO. 403(AMENDED)], being a request of (84) DR. RICHARD L. ZAHN, Fullerton, to amend a previously - approved use permit which allowed the construction of a four unit residential condominium project on property located at 1319 East Balboa Boulevard, Balboa Peninsula; zoned R -3. The proposed amendment includes a revised site plan, floor plans and elevations for the previously- approved project. The proposal also includes a modification to the Zoning Code so as to allow one greenhouse window to encroach eighteen inches into the required ten foot rear yard setback, and a second greenhouse window to encroach twelve inches into a required four foot side yard setback; and to allow a six foot • separation between structures, whereas the Zoning Code requires a minimum eight foot separation between structures; and City Council approval of an ENCROACHMENT PERMIT so as to permit a 27 foot wide driveway, which exceeds 50% of the total lot width, as approved by the Public Works Department and required by Council Policy L -2. Report from the Planning Department, was presented. Jack Hester, Architect for the project, 220 Newport Center, addressed the Council and stated that they have reduced the amount of paving required for the project, and also reduced the total project to two stories, rather than three stories, which they feel will be more compatible with the neighborhood. • The Planning Director stated that the reason this item was before the Council. was that several years ago, in approving Volume 40 - Page 37 COUNCIL MEMBERS \A1 Gsd' 9 %p February 10, 1986 • • Motion All Ayes • • x a resubdivision map, the City Council indicated they wanted to review the development plan for this particular parcel. In addition, City Council approval is required for the Encroachment Permit. MINUTES Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the approval of Use Permit No. 3091(Amended) as recommended by the Planning Commission; and approve an Encroachment Permit as recommended by the Public Works Department. 4. Mayor Maurer opened the public hearing regarding CANNERY VILLAGE LOTS. Report from the Executive Assistant to the City Manager was presented. It was pointed out by staff that this item had been continued from the two previous Council meetings. The proposed action is to accept the Environmental Document and approve a resolution indicating necessity and intent to acquire real property through eminent domain. Cynthia Garrett, Attorney for the Assistance League, addressed the Council and stated that she met with the City Attorney and Council Member Agee regarding the League's property, and that just today they received a proposal from the City regarding the possible acquisition of the League's parcels. They are examining the proposal but have no official comment at this time. They also are neither supportive, or in opposition to the proposal to condemn the lots adjacent to the League at 411, 413, 415 30th Street. If approval of a parking structure is given, then the Assistance League will negotiate with the City for a fair price for their property. Sharon Hare, representing owner of parcels at 411 and 413 30th Street, addressed the Council and stated that they were still opposed to the proposal to condemn the subject properties. They also feel they were not notified properly of the proposal for condemnation proceedings and feel the Volume 40 — Page 38 (73) ty Acq/ ! COUNCIL MEMBERS 9 \CAL s� q 1i 'S ti ROLL February 10, 1986 MINUTES � City was wrong in approving, just Prop Acq/ • recently, plans for the property. The property is in escrow to be sold, but is CanryVlg now being delayed because of the . proposed condemnation. The City Attorney discussed the procedure for notification of property owners pertaining to condemnation of real property, as set forth in a memorandum to the City Council dated Feb -ruary 3, 1986. He also advised that the City's interest in the subject lots was discussed at the Planning Commission meeting when the Commission considered the Gilsand application for a use permit. He stated that he personally notified Brion Jeannette, Architect for the Gilsand Company, of the City's interest in the subject lots prior to the December 9 City Council meeting. In addition, he stated that the subject of condemnation and the City's interest in the lots is not an appropriate issue to discuss when a legislative body is evaluating a use permit application. Mr. Thomas E. Keefer, owner of 415 30th Street, was in attendance but stated he had no comment. Jean Wegener, 440 River Terrace, addressed the Council and indicated she felt that all six parcels should be considered at one time, rather than separately. In response to comments made, the City Manager advised that the Off- Street Parking Committee has considered all six lots, (the three under consideration and the three owned by the Assistance League) and the City Council has authorized appraisals for all six lots. However, as of this date, the City Council has not adopted a resolution authorizing staff to "tender" a proposal to the Assistance League. The recommendation of the Off - Street Parking Committee is to ultimately acquire all six lots. Marian Pickens, 817 Via Lido Nord, addressed the Council and asked questions regarding the condemnation • process. • Volume 40 - Page 39 CITY OF -OR- BEACH COUNCIL MEMBERS \CALROLL �S' February 10, 1986 MINUTES niT* Council Member Hart stated that the Prop Acq/ • Planning Commission is in the process of CnryVlg holding public hearings on the Specific Area Plan for Cannery Village /McFadden Square, including how necessary, or not . necessary a parking structure would be for this particular area, and that it might be premature for the City Council, at this time, to take the recommended action on the agenda. Motion x Following further comments, motion was All Ayes made to continue this item to February 24, 1986. Mayor Pro Tem Plummer requested that the staff include in the next agenda packet, a report giving a brief background history and update regarding what steps have been taken regarding the City's interest in all six parcels. Council Member Strauss stated he felt that some kind of "Statement of Fact" was needed for this proposal due to the size and proposed cost of purchase. He also has seen no alternatives for the Council to consider, and does not feel the basic staff work has been done. • The motion was voted on and carried. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: Motion x 1. ORDINANCES FOR INTRODUCTION - Pass to All Ayes second reading on February 24, 1986: (a) Proposed ORDINANCE NO. 86 -2, being, Ord 86 -2 Council AN ORDINANCE OF THE CITY OF Meetings NEWPORT BEACH AMENDING CHAPTER (33) 2.04.020 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING THE TIME FOR STUDY SESSION AS 2:00 P.M., EFFECTIVE APRIL 14, 1986. (b) Proposed ORDINANCE NO. 86 -3, being, Ord 86 -3 Vehicles/ AN ORDINANCE OF THE CITY Traffic/ COUNCIL OF THE CITY OF NEWPORT Tricycles BEACH AMENDING PROVISIONS OF (85) NEWPORT BEACH MUNICIPAL CODE SECTION 12.56.140 REGARDING THE DEFINITION AND OPERATION • OF TRICYCLES. (Report from Police Department) Volume 40 - Page 40 il' I CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL9ROLL �`r �� 9 �� February 10, 1986 MINUTES 1,,q jI.OV4 • 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. . (b) Resolution No. 86 -11, prohibiting Traffic/ vehicular access except for Vehicles emergency and public utility Res 86 -11 vehicles and bicycles to Washington (85) Street between Bay Avenue and Edgewater Place; and directing staff to implement the restriction by installing the appropriate signs and improvements to block normal vehicular traffic. (Report from Public Works - Traffic Engineering) (c) Resolution No. 86 -12, authorizing CdM Beach Agreement for Operation of Corona Concsn/ del Mar Concession by Kilmer Kilmer Entrp Enterprises. (Report from Parks, Res 86 -12 Beaches and Recreation Director) C -1920 (38) (d) Resolution No. 86 -13, requesting /CTrnspCmsn the establishment of a Service rewy Emerg Authority for Freeway Emergencies. es 86 -13 (Report from the Executive (54) Assistant to the City Manager) 3. CONTRACTS/AGREEMENTS: • None. 4. COMMUNICATIONS - For referral as Indicated: (a) Removed from the Consent Calendar. (b) To Council Ad Hoc Youth Committee Cncl Ad Hoc for inclusion in the records, Youth Cmte letter from Mr. and Mrs. Clement (24) Chu in support of a teen center. (c) To Staff for reply, letter from M. PD A. Richley, Jr., suggesting (70) formation of a Police Commission. (d) To Personnel Director for reply, omndatna/ copy of letter to Costa Mesa City wards Council suggesting joint ceremony (37) of goodwill extended toward outstanding citizens, investigating officers and to Daily Pilot for aiding in the apprehension of the suspect related to the accident of • Claude Hubert. • Volume 40 - Page 41 CITY OF NEWPORT BEACH COUNCIL MEMBERS v \CAL �ROLL G`n y�9 February 10, 1986 MINUTES wngX 5. COMMUNICATIONS - For referral to the • City Clerk for inclusion in the records: (a) Letter of congratulations from United Way of Orange County on the . City's successful United Way Campaign. (b) Copy of correspondence from State of California, Office of Criminal Justice Planning regarding the Governor's victims service award program. (c) Communication from Central Newport Beach Community Association informing the Council of their new officers on the Board of Directors. (d) Copy of letter to the Santa Ana Regional Water Quality Board from Gil Ferguson, Assemblyman, Seventieth District, requesting "lead agency" status (SCR 38 /Newport Bay). 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: • (a) Dean Bradley for property damage, Bradley alleging plumbing problem on City property caused inconvenience, etc., to tenants at 520 Fernleaf Avenue, which was caused by root blockage in City sewer main on November 28, 1985. (b) Newport Medical Partnership for Newport property damage and plumbing fees, Medical alleging City sewer backed up Partnershp through toilet bowls in Suites 101, 107 and 108 at 307 Placentia Avenue on December 27, 1985. (c) Helene C. Parker seeking Parker reimbursement of towing fee, cab fare and cost of parking violation, alleging vehicle towned away from Fernleaf Street, Corona del Mar on January 13, 1986 in error. (d) Photo Stop for property damage, Photo Stop alleging City sewer backed up through toilets and overflowed onto • floor causing damage to pictures, frames, etc. at 3030 E. Coast Highway, Corona del Mar. • Volume 40 - Page 42 l il! I CITY OF REPORT BEACH COUNCIL MEMBERS C0 J•� -0 3. 5- 'S f �9 �Gq 9G9 99A ��j c�F G 9y F $ ROLL CbiL February 10, 1096 MINUTES 1T&T • (e) Margaret L. Thielemeir for damages, alleging City negligent in Thielemeir maintaining condition of intersection, resulting in claimant being struck by automobile while in a pedestrian crosswalk on Pacific Coast Highway at Larkspur on December 11, 1985. (f) Doris B. Waniek seeking Waniek reimbursement for cost of plumber fee and cleanup due to City sewer backup at 3719 Ocean Boulevard on December 23, 1985. (g) Gualthera A. Westerman for personal Westerman injuries allegedly sustained as a result of trip and fall over raised section of parkway due to tree roots at 2123 Anniversary Lane on December 14, 1985. For rejection: (h) LATE CLAIM of Lisa Clifford for Clifford property damage when claimant's vehicle was allegedly hit by City Refuse truck while parked in alley at 308 Anade Street on August 31, . 1985. 7. SUMMONS AND COMPLAINTS For denial - and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) State Compensation Insurance Fund, State Comp Case No. 472843, regarding traffic Ins Fnd/ accident with City employee Earl Frost William Frost and Sue Powell at intersection of Jamboree Road and San Joaquin on March 29, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES., (66) (Report from the City Manager) (a) Approve one Library Clerk I, Library Department. (b) Approve one Police Officer, Patrol Division. (c) Approve one Engineering Aide II, Public Works Department. (d) (See Items Removed from the Consent Calendar) Volume 40 - Page 43 L L 4 L5 L COUNCIL MEMBERS no mT o S S \ ROLL CAL Gtr 9 F9 y�9 February 10, 1986 MINUTES Pitt]*:! 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Public Works requesting PW /Balboa approval for a Relocation Plan for Blvd 33 -44th ' persons to be displaced as a result Sts of widening Balboa Boulevard from (74) 33rd to 44th Streets. (b) Report from Parks, Beaches and PB&R Recreation recommending adoption of (62) "Old School Park" as name for park at 4th and Carnation in Corona del Mar. (c) Report from Marine Department Semeniuk regarding the action of the lough/ Tidelands Affairs Committee Aarine Dpt concerning maintenance dredging in (51) Semeniuk Slough. (d) Report from the Acting City Library Librarian concerning disposition of (50) City property in West Newport Beach, in answer to Valera G. Brown's inquiry of December 18, 1985. 10. PUBLIC HEARING SCHEDULING - For February 24, 1986: (a) Removed from the Consent Calendar. 11. SPECIAL EVENTS PERMIT - Approve ermit /Spcl Application No. 86 -032 for Katsu vents Enterprises, permission to use beach at (65) 6th Street and Oceanfront on February 13 - 14, 1986 to shoot a commercial. (Report from License Division) 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. 14. BUDGET AMENDMENTS - For approval: (25) BA -052, Removed from the Consent Calendar. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Claim for damages by Margaret L. Ihielemeir Thielemeir was presented. Zlaim (36) Council Member Agee stated that he removed this item from the Consent Calendar to point out his continual concern over the need to improve the pedestrian crosswalks along Pacific I j Volume 40 - Page 44 ;i V CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL R ®LL �r February 10, 1986 o.. fRfiT33J Coast Highway, and to note the legal problems involved, on which he asked the • City Attorney to elaborate. . The City Attorney stated that Pacific Coast Highway is a State Route, and when the City wants to make improvements to the Highway, such as paint the crosswalks with a high - visibility paint, CalTrans gives the City permission to do so, but on the condition the City hold CalTrans harmless in any litigation which may result from such painting of the crosswalk, but yet CalTrans will not take it upon themselves to make those improvements. Motion x Following comments, motion was made to All Ayes deny the subject claim and refer it to the City's claim adjuster. 2. Letter from Lyle L. Kerr to post East General Bluff area for street sweeping, was Sery /EBluf presented. Street Swpg (44) Motion x Motion was made to refer the subject All Ayes letter to the City Manager's office for investigation of the complaints cited in the letter, and to poll the East Bluff Homeowners Association to ascertain their desire for street sweeping signs. 3. Proposed resolution No. 86 -10, declaring Mariners that construction of a new roof on Library Mariners Library is of such urgent (50) necessity for the preservation of property that a contract for construction of a new roof should be let without advertising for bids, and Budget Amendment No. 052, for $20,000 - Transfer in Budget Appropriations for construction of a new roof on Mariners Library; Libraries Fund, were presented. Council Member Heather noted that the roof at Mariners Library is a flat roof and questioned the staff if it would not be better to put a pitch on the roof before re- roofing the existing flat roof. The staff responded that the Building Director had physically inspected the roof and felt that a pitch was not needed inasmuch as the proposal includes • removal of the old roofing material down to the plywood, and starting over again • - with the built up roofing in accordance with the Building Code. Volume 40 - Page 45 COUNCIL MEMBERS \CAL'P ®LL Gds February 10, 1986 MINUTES I .I. IJ Ray Serillo, Security Roofing Company, addressed the Council and expressed his • desire to bid on the proposed roofing - work. 40ion x Motion was made to adopt Resolution No. Res 86 -10 Ayes 86 -10, and approve Budget Amendment No. 052, as set forth in the foregoing. 4. Report from Public Works recommending 15th &.Wash - approval of plans and specifications for ington Sts the replacement of restroom at 15th Restroom Street and to refurbish restroom at Refurb Washington Street; and authorize the C -2550 City Clerk to advertise for bids to be (38) opened at 11:00 a.m. on March 12, 1986 was presented. Motion x Mayor Pro Tem Plummer expressed her All Ayes dissatisfaction over the proposal to refurbish the restroom at Washington Street rather than construct a new restroom, and inasmuch as she had not reviewed the plans, moved to continue this item to February 24, 1986. 5. Report from the City Manager requesting Library to fill personnel vacancies, was presented. on Ayes x Motion was made to approve one Library Assistant, Library Department, as recommended by the staff. 6. Appeal by Alan Verdult from action of Business City Manager denying "secondhand" permit Lic /Verdult under Newport Beach Municipal Code Appeal 5.20.050(f)(4), was presented for public (27) hearing scheduling. Motion x Motion was made to schedule public All Ayes hearing on the above appeal for March 10, 1986 as recommended by the City Attorney. 7. Report from the Marine Department Harbor Perm recommending denial of Harbor Permit Apllllll- Application 11111 -1024 by Tim Crull and 1024 Roger E. Riley for an exception to the (51) Harbor Permit Policies dealing with the mooring of a hydrohoist location at their property on 1024 East Balboa Boulevard, was presented. The City Clerk advised that after the • printing of the agenda, a letter was • Volume 40 - Page 46 4 ""'ITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL o 1 i S v o 9G� 99� 9J cFt" R ®LL GSp � �� y�9 February 10, 1986 MINUTES ciF r received from Katheryn Sackett, Attorney for Tim Crull and Dr. Roger E. Riley, • requesting this item be continued to February 24, 1986. Dion x Motion was made to continue this item to All Ayes February 24, 1986 as requested. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. APPOINTMENT TO THE CITIZENS ADVISORY COMMITTEES for a one -year term expiring December 31, 1986 (appointed by Council upon recommendation of each Council Member). Motion x Motion was made to confirm the following All Ayes appointment: Bicycle Trails Citizens Advisory BT /CAC Committee (District 7) Confirm Council Member Cox °s appointment of Mary Petropoulos. 2. Report from Public Works regarding new Council City Council Policy L -12, SOUND Policy L -12 ATTENUATION WALLS, was presented. (69) Motion x Motion was made to adopt City Council All Ayes Policy L -12. 3. Reintroduction and first reading of Ord 85 -32 proposed ORDINANCE No. 85 -32, being, Bus Lic/ Massage AN ORDINANCE OF THE CITY COUNCIL OF (27) THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENTS, was presented with a report from the Assistant City Attorney. Motion x Motion was made to reintroduce Ordinance All Ayes No. 85 -32, allow first reading and pass to second reading on February 24, 1986. J. CURRENT BUSINESS: . None. • Volume 40 - Page 47 i 11 111 1 CITY OF NEWPORT BEACF COUNCIL MEMBERS P a�� v o<G�i February 10, 1986 K. ADDITIONAL BUSINESS: !' None. L. The meeting adjourned to Closed Session at 8:40 p.m. to discuss personnel matters. The meeting reconvened at 11 p.m. and was immediately adjourned. s • ATTEST: � a City Clerk Volume 40 - Page 48 MINUTES