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HomeMy WebLinkAbout12/08/1986 - Regular MeetingCOUNCIL �G I oCG\ L .CALL • Present x x Men All Ayes Motion All Ayes • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING Ilea 79PLACE: Council Chambers TIME: 7:30 P.M. DATE: December 8, 1986 X I X I X I X I X x MINUTES The following Proclamations were presented by Mayor Cox to: Scott Alan Polanic, in recognition of Helping Hand Day, and to commend the program and its efforts to promote education and research through the various health agencies; and Corona del Mar Water Polo Swim Team members, and Coach John Vargus, for their contributions to the Kingdom of Morocco in working with the U.S. Ambassador and his Embassy in representing the United States in a foreign nation, through the interchange of technical, social and cultural values addressed and resolved by the 1985 -86 Morocco -USA SWIMMING CULTURAL EXCHANGE. Jim Kennedy, Area Manager for Southern California Edison Company, presented a formal Certificate of Appreciation to the City in recognition of SCE's Centennial Year 1886 -1986, and expressed gratitude to the City for its support in the past 100 years. A. ROLL CALL. B. Motion was made to waive the reading, and approve. the Minutes of the Adjourned Meeting of November 19, and the Regular Meeting of November 24, 1986. Council Member Plummer referenced the Minutes of the Regular Meeting of November 24, 1986, to stand corrected to read as follows: Page 467, Item G -2 (third paragraph, line 11) "...planting to disguise the fence along Summit Street." The motion to approve the minutes of November 19, and November 24 (as corrected), and ordered filed, was voted on and carried. C. The reading of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing and City Council review of USE PERMIT NO. 3235 on property located at 3025 East Coast Highway, a request to permit the establishment of a take -out restaurant Volume 40 - Page 478 U/P 3235 (88) COUNCIL MEMBERS GG A �q. CITY OF NEWPORT BEACH December 8, 19805 MINUTES /P 3235 with incidental seating which specializes in muffins and frozen yogurt, on property located in the C -I -H • District. The proposal also includes a request to waive a portion of the required off - street parking. Approved by the Planning Commission on November 6, 1986. Council Member Turner announced that he would not be participating in this hearing, and therefore, stepped down from the Council table. Report from the Planning Department, was presented. Jerry King„ 3187 Airway, Costa Mesa, representing the applicant, addressed the Council. and stated that all of the applicant's yogurt shops are located in similar type shopping centers and feed on on -site existing traffic. With respect to traffic and circulation on -site, he stated that they had discussed the issue with City staff and understand their concerns, which prompted them to undertake a traffic study that took two week's time. As a result of the study, it was found that • no time during the survey period were any of the 76 parking spaces on -site ever used to their maximum. He stated that the shopping center is an "old" center, which was built in 1938, and is the reason some tenants have moved elsewhere. He stated that his applicant intends to spend approximately $100,000 in tenant improvements. He stated that they contacted all residents within the "noticed" area, going door -to -door, and found no objections to the proposed use, with the exception of two persons who refused to sign the petition in support. They also surveyed persons coming and going from Albertsons and adjacent restaurant, who indicated no objections to the proposed use. With respect to the parking issue, Mr. King stated that the shopping center's master lease requires that the tenants park off -site. He stated that they are requesting the City waive a portion of the required off - street parking, ` inasmuch as it basically takes two additional on -site spaces for a parking lot that already has less than adequate parking. In conclusion, he requested Volume 40 - Page 479 /P 3235 COUNCIL MEMBERS y n �aG�9G�i9�� Motion v 0 CITY OF NEWPORT BEACH R MINUTES December 8, 19136 that the Council uphold the decision of the Planning Commission and approve the use permit. In response to Council inquiry, Mr. King stated that the public restrooms on -site are located to the rear of the subject building opening to a common hall. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission. Discussion ensued, wherein Council Member Sansone expressed his concerns regarding no public access to the restrooms, storage of trash, on -site traffic generated by aerobic center located near proposed restaurant, future use of the! subject building in the event the yogurt: and muffin shop should leave the site, and cleaning of utensils on -site (grease traps), etc. Discussion continued, wherein it was noted by the staff that several of the above - mentioned concerns are covered in the Conditions of Approval imposed by the Planning Commission. A question was addressed to Mr. King again, and therefore, the public hearing was reopened. In response to Council inquiry, Mr. King commented that the muffins will be baked and not fried, as are donuts, so there will be a minimal grease problem, if any. He also stated that the lease with the aerobic center referred to by Council Member Sansone, expires the end of March, 1987. With respect to seating within the proposed shop, they would like to have enough tables to seat 16 patrons; however, the floor plan they submitted depicts 6 tables which seats only 12 persons. Council Member Sansone expressed his desire to limit the seating to 12 persons. It was indicated by staff that Condition No. 1 could be amended to include reference to the submitted floor plan of 6 tables and 12 seats, to which there were no objections from the Council. Volume 40 - Page 480 U/P 3235 ,, 11 u Ayes • • CITY OF NEWPORT BEACH COUNCIL MEMBERS x l x l x l x l x l x MINUTES December 8, 1986 Council Member Strauss questioned the U/P 3235 language "related products" in Condition No. 2, to which the City Attorney responded could be revised to read "products of a similar nature" should the Council desire. With respect to Condition No. 6, it was indicated that additional wording should be added to reflect that the trash receptacles shall be to the satisfaction of the Building Official, to which there were no objections. At this time the public hearing was closed. The motion on the floor was voted on and carried, including the changes to the Conditions of Approval as so noted in the foregoing. 2. Mayor Cox opened the public hearing and U/P 3238 City Council review of USE PERMIT NO. (88) 3238 on property located at 2727 Newport Boulevard, a request to establish a combination daytime take -out restaurant with on -sale! beer and wine on property located in the "Retail and Service Commercial" area of the Cannery Village /McFadden Square Specific Plan Area. The proposal also includes a request to waive a portion of the required parking spaces in conjunction with the daytime take -out restaurant operation. Approved by the Planning Commission on November 6, 1986. Report from the Planning Department, was presented. Stephen Klebeck, Independent Development Company, 2727 Newport Boulevard, representing C & L Investments, and owner and developer of the proposed project, addressed the Council and stated that he was available for questions. In response to inquiry of Council Member Strauss regarding the two Planning Commissioners who voted no on this project, Mr,. Klebeck stated that they were concerned with how to minitor a take -out facility during the day that optimizes dining facilities at nighttime, I -or instance, how can you stop people from sitting down in the restaurant to eat something they have purchased during daytime hours. Because of this concern, they have negotiated Volume 40 - Page 481 COUNCL MEMBERS � y o • Motion • s es CITY OF NEWPORT BEACH x X I x Ix Ix Ix Ix Ix MINUTES December 8, 1986 with the tenant and it is integrated into their lease that they are a take -out restaurant during the day, prior to 5 p.m., and that after that time, they may have sit -down dining. They are aware of the parking problem in the area, and they do intend to act as a policing agent for the City. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission. Discussion ensued, wherein the Planning Director advised that if a problem is created with regard to the approved use, and it is called to the attention of the Planning staff, the use permit is reviewed to assure that the applicant is operating within the perimeters of that use permit. If the applicant is not acting within the confines of their use permit, then the City has the authority to require that they do conform with the conditions of said use. The Planning Director indicated that the Planning Department does not have sufficient staff to monitor the various conditions of approval imposed by the Planning Commission. Council Member Hart indicated that possibly the subject of monitoring and policing these types of issues could be discussed at budget time with a view to increasing the staff to handle such duties and responsibilities. The City Manager pointed out that Condition No. 21 does require that the subject use shall be reviewed by the Modifications Committee in six months. Following comments by various Council Members, Council Member Hart moved to amend the subject motion and revise Condition No. 21 to read as follows: "That Use Permit No. 3238 shall be reviewed by the Planning Department in seven months." The above amendment was acceptable to the maker of the motion, and the motion, as amended, was voted on and carried. Volume 40 - Page 482 U/P 3238 COUNCIL MEMBERS u Motion All Ayes • • x CITY OF NEWPORT BEACH MINUTES December 8, 1986 3. Mayor Cox opened the public hearing regarding proposed ORDINANCE NO. 86 -31, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.10.025 OF THE NEWPORT BEACH MUNICIPAL CODE AS IT PERTAINS TO PERMITTING BAY WINDOWS AND GREENHOUSE WINDOWS TO ENCROACH INTO REQUIRED YARD SETBACKS IN RESIDENTIAL DISTRICTS, PLANNING COMMISSION AMENDMENT NO. 641, initiated by the City of Newport Beach to amend Section 20.10.025 of the Municipal Code, as it pertains to permitting bay windows and greenhouse windows to encroach into required yard setbacks in residential districts. Report from Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 86 -31. 4. Mayor Cox opened the public hearing regarding: GENERAL PLAN AMENDMENT NO. 86 -2(B) - An amendment to the Land Use Element and Map of the Newport Beach General Plan changing the designation of 3.6 acres of property between Superior Avenue and Placentia Avenue approximately 290 feet to the north of Fifteenth Street, from "Retail and Service Commercial" to "Multi- Family Residential," and to apply a floor area limitation of 1.0 on 6.8 acres of land between Superior Avenue and Placentia Avenue, approximately 590 feet to the north of Fifteenth Street to the northerly City boundary, which is designated for "General Industry" uses, and the acceptance of an Environmental Document; and PLANNING COMMISSION AMENDMENT NO. 640 - An amendment: to Districting Maps 22 and 25, reclassifying 3.6 acres of property between Superior Avenue and Placentia Avenue approximately 290 feet to the north of Fifteenth Street, from Unclassified and Unclassified (MHP) to R -3 (2178) and R -3 (2178) (MHP), and to reclassify the property between Superior Avenue and Placentia Avenue, Volume 40 - Page 483 Ord 86 -31 Zoning (94) 641 GPA 86 -2(B) (45) 640 COUNCIL MEMBERS I 1 �i • • 0 CITY OF NEWPORT BEACH MINUTES December 8, 1986 approximately 590 feet to the north of Fifteenth Street to the northerly City boundary, from M -1 -A to M -1 -A (1.0), reducing the permitted level of development on the property from 3.0 times the buildable area to 1.0 times the buildable area of the site; and REQUEST FOR DENSITY BONUS - Request for density bonus in accordance with Section 65915 of the California Government Code so as to construct an apartment complex with 25 units affordable to lower income families; and TRAFFIC STUDY - Request to consider a traffic study so as to permit the construction of a 25 unit apartment complex on the property. Report from the Planning Department, was presented. The City Manager distributed a sketch of the subject area depicting the existing land uses, i.e., general industry, multi- family residential and apartment site. He stated that in summary, the General Plan Amendment maintains the general industry use, but decreases the density from 3.0 to 1.0; it modifies the land use designation in the lower portion of the General Plan area from Retail and Service Commercial to Multi - Family Residential, and proposes that the existing boat storage area be modified to accommodate 25 apartment units for affordable to very low income families. The Mesa Development Company is proposing to utilize $357,000 of CDBG funds to assist in the acquisition of land for this project. The Planning Director distributed an amendment to proposed resolution amending the Land Use Element and Map of the General Plan, and accepting the Environmental Document which states as follows: 1. Add to discussion of Statistical Area A2: "The area between Placentia and Superior designated for 'General Industry' uses shall be limited to a floor area ratio of 1.0." Volume 40 - Page 484 86 -2(B) COUNCIL MEMBERS ,•\ye�G��A f �9� :7 • CITY OF NEWPORT BEACH MINUTES December 8, 1986 2. Add to discussion of Statistical Area A3: "The land approximately 290 feet to 590 feet to the north of Fifteenth Street, between Placentia Avenue and Superior Avenue, is designated for 'Multi - Family Residential' uses at a density of 20 dwelling units per buildable acre." 3. Update estimated residential growth projections for Statistical Area A3 to reflect the change in designation from "Retail and Service Commercial" to "Multi- Family Residential." John Miller (no address given) addressed the Council and requested clarification of the proposal with regard to residential units, to which the Planning Director responded that the total area being reclassified to Multi- Family Residential is 3.6 acres, and the specific project under consideration at this time is the .81 acre parcel which will accommodate the 25 dwelling units. The Planning Director added that the zoning the City has allowed for the balance of the former County Triangle is a density which would allow up to 20 dwelling units per acre. The 59 dwelling units he mentioned earlier would be built on the remaining 2.79 acres. Larry Campeau, representing Mesa Development Company, addressed the Council and stated that it is his understanding that the owner of the mobile home park on Superior Avenue has no intention of changing its use. With regard to the plumbing and welding shop on Placentia, the current tenant has 211 years remaining on his lease. Pertaining to their 25 unit project, they do intend to provide an on -site recreational play area for children. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Plummer stated that she felt the City was very fortunate in having Mesa Development provide such excellent affordable housing for a 30 -year period and commended them on their recent development on 15th Street. Volume 46 - Page 485 GPA 86 -2(B) CITY OF NEWPORT BEACH COUNCIL MEMBERS y�-` G December 8, 1986 Motion • All Ayes • • MINUTES Motion was made to adopt Resolution No. 86 -100, amending the Land Use Element and Map of the Newport Beach General Plan and accepting the Environmental Document; adopt Ordinance No. 86 -32, amending Districting Maps 22 and 25 as set forth in Planning Commission Amendment No. 640; adopt Resolution No. 86 -101, granting a Density Bonus and allocating Community Development Block Grant funds; approve the Traffic Study subject to the findings as attached to the staff report; Approve amendment to Resolution No. 86 -100, Items 1, 2 and 3, as presented in the foregoing by the Planning Director; and Direct the Parks, Beaches and Recreation Commission to inventory the land along 15th Street for potential park acquisition and report back within 60 to 90 days. Council Member Hart stated that she will support the motion but without prejudice as to the directive to the Parks, Beaches and Recreation Commission regarding the potential park acquisition. The motion was voted on and carried. Mayor Cox opened the public hearing on TENTATIVE MAP OF TRACT NO. 12873, a request to subdivide 1.147 acres of land into six (6) lots for single family residential development on property located in the R -1 District. The proposal also includes a request to approve a rough grading plan for the purpose of establishing building pad elevations for the measurement of allowable building heights; the approval of a modification to the Zoning Code so as to allow a 5 foot high retaining wall along the rear of Lot 1 which encroaches 10 feet into a required 10 foot front yard setback adjacent to Cliff Drive; to allow a 10 foot front yard setback on a portion of 'Lot 6 where a 20 foot setback would normally be required; and the acceptance of an Environmental Document. Report from the Planning Department, was presented. Bob Newberry, 608 St. James Place, co- applicant, addressed the Council and summarized the proposed project, advising that he and his co- partner will each be occupying two of the six homes to be built, so they are definitely Volume 40 - Page 486 GPA 86 -2(B) Res 86 -100 Res 86 -101 1MpTrl2873 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES December 8, 1986 concerned with the quality of the structures.. He stated that they have met with the homeowners associations in the area, the Parks, Beaches and Recreation Commission and the Board of Directors of the Theatre Arts, and in most instances they have received unanimous approval of their project. The major issue focused on has been views and they have completed an analysis which indicated overall there is less than a 1% impact on views. They have restricted development on Lot 5 which will further enhance public views; agreed to an easement on the lower part of Lot 5 for access to Tustin Avenue; and the development of a landscape plan. Brien Jeannette, architect for the project, addressed the Council and stated that the proposal is a culmination. of many meetings, and that it has been endorsed by several groups, primarily because of its view protection. He stated that they have created some nice views over the site for the residences behind their development. With respect to public views, he stated that with the help of the Planning Commission, they analyzed the views from many portions of the site, which. he displayed in photographs. He discussed the view analysis they completed which was included with the City Council's agenda material. He also displayed an aerial view of the proposed project. He stated that views would be protected forever with the development of their project, and urged the Council to sustain the decision of the Planning Commission and approve their proposal. In response to question raised by Council Member Turner regarding the CC &R's for Lot 5, as required by Condition No. 36, Howard Tuttle, 1136 Summerset Lane, Co— applicant, addressed the Council., stating that the CC &R's have not ye.t been completed. Reference was made to a letter dated November 12, 1986, from the Newport Heights Community Association which the Planning Director noted was received after this item was heard before the Planning Commission. However, the Planning Commission, in their action on the Tentative Map, did impose conditions which they felt were adequate in order to mitigate any loss of public view. Volume 40 — Page 487 COUNCIL MEMBERS CITY OF NEWPORT BEACH December 8, 1986 MINUTES Mr. Tuttle addressed the Council again pertaining to Condition No. 32 regarding Site Plan Review by the Planning Commission. He stated that at the time • the condition was imposed, they were unaware of the ramifications, timing, and cost of a site plan review, and inasmuch as their project is not commercial or industrial in nature, they would like to have this condition either modified or deleted. Discussion ensued, wherein the Planning Director advised that there are basically three Conditions of Approval which were placed on this development that deal with the issue of views, i.e.: #16 - That the applicable height limits for future development of the subdivision shall be measured from grades as shown on the approved rough grading plan approved by the City Council. #17 - That the building envelope on Lot 5 shall be limited to a maximum roof height • corresponding to an elevation of 81 feet as shown on the approved grading plan and that any development on Lot 5, beyond 130 feet from the proposed cul -de -sac shall not exceed an elevation of 65 feet. #32 - That the future development on this site, shall be subject to the approval of a Site Plan Review by the Planning Commission. The Planning Director stated that the applicant has submitted, as a part of the Council package, a rough grading plan which shows the proposed elevation of each lot, and a site plan which depicts the maximum ridge elevations of the dwellings proposed for each lot. He commented that in most cases, the maximum height of the dwelling above pad elevation will be approximately 14 feet, which is about 10 feet lower than what • would be permitted under the City's zoning regulations. If the City Council desires to eliminate Condition No. 32 Volume 40 - Page 488 COUNCIL MEMBERS • Motion x All Ayes Motion All Ayes • x CITY OF NEWPORT BEACH MINUTES December 8, 1986 regarding site plan review, and expand Condition No. 16, perhaps the need for site plan review could be largely eliminated. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to modify the decision of the Planning Commission for the subject tract, changing Condition No. 32 to read as follows: "That the future development on this site shall be subject to the approval of a Site Plan Review by the Planning Commission on Lot No. 5, and that the filing fee for said Site Plan Review shall be waived." 6. Mayor Cox opened the public hearing on GENERAL PLAN AMENDMENT NO. 86 -1(H), being an amendment of the Housing Element of the Newport Beach General Plan to update the Housing Element to include an analysis of families and persons in need of emergency shelter and provisions for the needs of families and persons in need of emergency shelter. Report from the Planning Department, was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 86 -102, approving General Plan Amendment No. 86 -1(H) in concept and directing staff to forward a copy of the draft amendment to the State Department of Housing and Community Development for their review and comment. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The City Attorney referenced Consent Calendar Item No. 7(a), Claim of Lawrence Gail Aaron seeking comparative equitable apportionment and indemnification against the City, and advised that he had been in contact with the attorney representing the claimant in the above case, and that the claimant was served with a Summons and Complaint on October 10, 1986, which would make the claim timely filed, and therefore, would like the record Volume 40 - Page 489 GPA 86 -1(H) (45) Res 86 -102 COUNCIL MEMBERS ti � �A O¢ 9G 1 on A Ayes • • X CITY OF NEWPORT BEACH MINUTES December 8, 1986 to reflect same. He stated this was for informational purposes only and that the item did not need to be removed from the Consent Calendar for separate action. The following actions were taken as indicated, except for those items removed: 1. 2. 3 ORDINANCES FOR INTRODUCTION: None. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -103 determining Finance/ and establishing an appropriations Approp Lmt limit for Fiscal Year 1986 -87 in Res 86 -103 accordance with Article XIII -B of (40) the California Constitution and Government Code Section 7910. (Memorandum from Finance Director) (b) Resolution No. 86 -104 authorizing the Mayor and City Clerk to execute a renewed 2 -year agreement regarding the City /County Joint Powers Agreement for the purpose of off/on--shore mooring management in Newport: Bay. (Report from the Marine Department) City /County Jt Pwrs Agm/ Of /Onshr Morg Mgmt C -2241 Res 86 -104 (38) (c) Resolution No. 86 -105 declaring Budget /Lcl intent to provide matching funds Gvt Cstl Mgm for the Local Government Coastal Imprvm Prg Management Improvement Program. as 86 -105 (Report: from Executive Assistant to (25) the City Manager) (d) Resolution No. 86 -106 reciting the fact of the Special Municipal Election Held on November 25, 1986, declaring the results and such other matters as provided by law. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and the City Clerk to execute agreements with four (4) nonprofit organizations (YWCA Hotel for Women /Orange Coast Interfaith Shelter /Share Our Selves /Someone Cares Soup Kitchen) to provide services to the homeless using FY 1986 -87 Community Development Block Grant (Urgent Appropriations Act) funds. (Report from Planning Department) Volume 40 - Page 490 lection/ pecial 1/25/86 es 86 -106 39) nprft Org '86 -87 7) COUNCIL MEMBERS • • CITY OF NEWPORT BEACH December 8, 1986 4. 5. 6 COMMUNICATIONS - For referral as indicated: (a) To staff for inclusion in the records, letter of thanks from Milly Day for $1,500 grant to the "latchkey children" of the Newport -Mesa Unified School District. (b) To Building Director for response, letter from Mast 8 Mast, Attorneys representing Hector and Juliet Hesse regarding alleged building code /permit violation concerning neighboring property in the vicinity of 231 Santa Ana Avenue. MINUTES School (78) (26) (c) To staff for inclusion in the O/C Trsptn records, letter of thanks from City Cmsn of Anaheim Councilman Iry Pickler (54) for support in his election to the Orange County Transportation Commission. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy of correspondence from Harrah Corporation to Orange County Board of Supervisors regarding Annual Pier Permit requirements. (b) Preliminary Agenda of Local Agency Formation Commission of Orange County for December 3, 1986. (c) Copy of communication to Orange County Division of League of Cities regarding establishing a new freeway authority in the County. (d) Public Notice of U.S. Army Corps of Engineers regarding rules for administration of regulatory program under the Rivers and Harbors, Act of 1899 /The Clean Water Act and'. the Marine Protection, Research and Sanctuaries Act. (e) State Department of Alcoholic Beverage Control Notice of Public Hearing under Senate Concurrent Resolution No. 65 (Russell). CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Darrell. Norris Burthe alleging that as a result of being arrested Volume 46 - Page 491 COUNCIL MEMBERS •� y o • • CITY OF NEWPORT BEACH MINUTES December 8, 1986 (involved in traffic collision near Balboa /Cypress on June 20, 1986) his truck was impounded for investigation, released August 26, 1986 by the Police Department, but G & W 'rowing had already sold truck for storage fees. (b) Jannet Evelyn Ennis alleging personal injuries as she exited bus which dropped her off at intersection crosswalk; thereafter being hit by independent vehicle, claiming that bus driver failed to warn her that she was not being dropped off at marked bus stop on August 26, 1986 (unknown streets) in Corona del Mar. (c) The Lusk Company for damages (regarding claim filed by Roger James for personal injuries as a result of dangerous condition, i.e., :standing water in Newporter Resort, 1107 Jamboree Road parking lot on August 4, 1985). (d) Jason Schaffer by guardian Michelle Dawn Schaffer alleging personal injuries as a result of being a passenger in automobile which was caused to drive off said road, claiming City failed to provide adequate lighting, traffic markings, guard rails, etc. on September 19, 1986, on Back Bay Road, 999 feet south of Milepost INT 1055. (e) Fred Schultz alleging invasion of constitutional rights, emotional damage as a result of Newport Beach Police Officers detaining him on complaint of exposing himself to a woman in the vicinity of the beach area on November 24, 1986. (f) State Farm Insurance (Richard Van de Plasch) alleging pedestrian Laura Gardner, while jogging across PCH on September 8, 1986, entered intersection during walk signal; before Ms. Gardner could complete crossing, street light changed to red allowing traffic on PCH to commence travel, causing insured driver to hit pedestrian, alleging signal light /design of intersection as resultant cause of accident at Pacific Coast Highway and Prospect. Volume 40 — Page 492 Ennis Co. fer tz State Farm Ins /Van de COUNCIL MEMBERS \�9 CN&0 \001 4*4 r L_J • • CITY OF NEWPORT BEACH MINUTES December 8, 1986 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Complaint of Lawrence Gail Aaron for Comparative Equitable Apportionment and Indemnification by way of Cross- Complaint against the governmental entity of the City of Newport Beach filed by the law firm of Gilbert, Kelly, Crowley & Jennett on November 26, 1986 regarding Torrez v. Jose Ramos Nava, City of Newport Beach, et al, - Second Case - Wrongful Death, Orange County Superior Court #44 -29 -48 (date of accident: November 5, 1983). (b) Mary Pat Earl for personal injuries, etc., Orange County Superior Court, Case No. 50- 19 -04. Claim was denied by City Council on May 12, 1986. (c) John 11romadka for personal injuries, Orange County Superior Court, Case No. 50- 49 -66. Claim was denied by City Council on April 28, 1986. (d) Kenneth A. Klein for personal injuries, violation of constitutional rights, general negligence, etc., Orange County Superior Court, Case No. 50- 66 -03. Claim was denied by City Council on March 10, 1986. 8. REQUEST TO FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) Approve two (2) Police Clerk I'a, Administrative Division. (b) Approve one (1) Police Officer, Patrol. Division. (c) Approve one (1) Fire Engineer. (d) Approve one (1) Paramedic. Volume 40 - Page 493 (36) 66) COUNCIL MEMBERS 1 y � `GvA'A of9G 9 • • 1/ u CITY OF NEWPORT BEACH MINUTES December 8, 1986 9. STAFF AND COMMISSION REPORTS - For Council approval and information: (a) Report: from City Attorney Bal B1 Wdng/ recommending approval of Silveri & 32 -44th Sts Le Bouef JV, to substitute Garcia & C -2568 Sons as subcontractors (Balboa (38) Blvd. Widening between 32nd and 44th Streets, Contract No. 2568). 10. PUBLIC HEARING SCHEDULING - January 12, 1987: (a) PLANNING COMMISSION AMENDMENT N0. 637 - a request to amend the Newport Place Planned Community Development Plan so as to reclassify property designated as "Restaurant Site 2A" to "Professional and Business Offices Site 8" so as to permit the construction of a 54,000 sq. ft., four story office building on the property. The proposal also includes a modification to the Zoning Code and to allow the use of compact parking for a portion of the required off - street parking spaces; a request to provide off - street parking based on a formula of one parking space for each 250 square feet of net floor area rather than one parking space for each 225 square feet; and the acceptance of an Environmental Document. (Report from the Planning Department) (b) APPEAL OF SID SOFTER FOR USE PERMIT NO. 3240 - conditionally approved by the Planning Commission on November 6, 1986, a request to permit second story outdoor eating area; purchase in -lieu parking and change hours of operation; and appeal fee of $258. 11. CLIFF DRIVE PARK REFURBISHMENT (CONTRACT NO. 2534) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on January 8, 1987. (Report from Parke, Beaches and Recreation) Volume 40 - Page 494 637 (94) J/P 3240 (88) Dr Prk COUNCIL MEMI CITY OF NEWPORT BEACH December 8, 1986 MINUTES 12. STREET LIGHT REPLACEMENT /BALBOA St Lt Rplcm/ BOULEVARD FROM ALVARADO STREET TO "B" Bal B1 STREET, (CONTRACT NO. 2562) - Approve C -2562 the plans and specifications; and (38) • authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on December 30, 1986. (Report from Public Works Department) 13. ALLEY PAVING IN BLOCK 225, LANCASTER'S Alley Pavg ADDITION (IN CITY BLOCK BOUNDED BY Blck 225 NEWPORT BOULEVARD, 29TH STREET, VILLA (74) WAY AND 28TH STREET) - Uphold staff's recommendation to direct staff to use the procedure of Chapter 27 of the Improvement Act of 1911 to complete Improvements in the alley in Block 225, Lancaster's Addition; and schedule for public hearing on January 12, 1987 to hear protests, if any. (Report from Public Works Department) 14. RESUBDIVISION NO. 811 - Approve a Resub 811 subdivision agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 811 (Lots 58 -67 and a portion of Lot 68, Block A, Tract No. 673, located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel • Drive in Corona del Mar); and authorize the Mayor and the City Clerk to execute subject agreement. (Report from Public Works Department) 15. BUDGET AMENDMENTS - For approval: (25) BA -054, $2,690 - Transfer in Budget Appropriations for surf and weather report machines to replace three in constant need of repair; Marine Department Fund. BA -055, $7,500 - Transfer in Budget Appropriations for Microcomputer for Deputy Finance Director; Finance Department Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: None. H. ORDINANCES FOR ADOPTION: • 1. Proposed ORDINANCE NO. 86 -30, being, Ord 86 -30 Bus Lic/ AN ORDINANCE OF THE CITY OF NEWPORT Massage BEACH AMENDING SECTION 5.50.025 (B) (27) (4) PERTAINING TO MASSAGE PARLORS, Volume 40 - Page 495 CITY OF NEWPORT BEACH COUNCIL MEMBERS 'ALL December 8, 1986 n Ayes Motion. All Ayes Motion All Ayes • • x X x was presented for second reading with report from the Assistant City Attorney dated November 17, 1986. Motion was made to adopt Ordinance No. 86 -30. I. CONTINUED BUSINESS: 1. Report from the City Manager regarding REQUEST OF CONFERENCE AND VISITORS BUREAU, was presented. The City Manager advised that he had been contacted by the Conference and Visitors Bureau requesting this item be continued to January 12, 1987. Motion was made to continue the above matter to January 12, 1987, as requested. J. CURRENT BUSINESS: 1. PLANNING COMMISSION VACANCY: MINUTES (40) , Motion was made to confirm the following Planning nominations of the Appointments Commission Committee for appointment on January 12, 1987, to fill the unexpired term of Clarence Turner ending June 30, 1988: Michael Lapin W11-7 Gary Pomeroy Council Member Strauss stated that there may be another nominee for the Planning Commission, although he has no candidate in mind, who would represent a slightly different point of view than one of the nominees, and would like the opportunity to possibly pose another candidate on January 12, 1987 for consideration. He stated this procedure is permitted pursuant to Council Policy A -4, and it has been done in the past. 2. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL Cncl Ad Hoc/ STANDING AND AD HOC COMMITTEES; AND Stndg Cmts JOINT GOVERNMENTAL COMMITTEES. Correspondence from the Orange County (24) Sanitation District, and Orange County Vector Control District, regarding Council reorganization. Volume 40 - Page 496 COUNCIL MEMBERS • Motion x All Ayes Motion x Wyes • CITY OF NEWPORT BEACH MINUTES December 8, 1986 Mayor Cox stated a year ago the Appointments Committee recommended that the Council change the characteristics of the Environmental Quality Committee, and merge the Beautification and Traffic Affairs Advisory Committees into one committee, to be known as the Quality of Life Citizens Advisory Committee. He stated that it has come to his attention through a variety of sources that this committee has operated in somewhat of an "awkward" fashion this past year, due to possibly having too many objectives, etc. He, therefore, felt it would be appropriate to refer the resolution establishing the Quality of Life Committee to the Appointments Committee for review with a report back on January 12, 1987, and defer any appointments to said committee until a decision has been made on this issue. In view of the foregoing, motion was made to approve the subject recommendation and refer Resolution No. 86 -6 to the Appointments Committee for report back on January 12, 1987. Motion was made confirming the following appointments: COUNCIh STANDING COMMITTEES Pending Legislation and Procedural Ethics Committee Chairman - City Attorney City Manager Council Member Strauss Council Member Turner Underground Utilities Coordinating Committee Council Member Sansone Water Committee Council Member Maurer, Chairman Council Member Sansone Appointments Committee Council Member Hart, Chairman Council Member Turner Volume 40 - Page 497 lation CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �G����� G ROLL CALL $' December 8, 1986 INDEX E ;udget Committee Budget Council Member Strauss, Chairman • Council Member Turner Off- Street Parking Committee Off- Street Parking Council Member Plummer, Chairman Council Member Turner Tidelands Affairs Committee Tidelands Affairs Marine Director Council Member Maurer, Chairman Council Member Plummer COUNCIL AD HOC COMMITTEES Aviation Committee Aviation Council Member Strauss, Chairman Council Member Turner City Attorney City Manager Pete Drummond, Rep /Homeowners Assn • Marilyn Hendrickson, Rep /Homeowners Assn (Alternate appointment Deferred to 1/12/87) Vin Jorgensen, Rep /Airport Working Grp Dorothy Hardcastle, Alternate Tom Edwards, Volunteer Attorney JOINT GOVERNMENTAL COMMITTEES City- School Liaison Committee ity -Schoo City Manager Council Member Strauss Council Member Sansone Inter City Relations Committee Enter-City elation City Manager Council Member Hart Council Member Plummer • Joint Committee for the Evaluation and Implementation of the Upper t Cmte /Ev mplmt Upr Newport Bay Cooperative Agreement qpt Bay oop Agmt Council Member Hart Council Member Maurer, Alternate Volume 40 - Page 498 COUNCIL MEMI3ERS S n • • CITY OF NEWPORT BEACH MINUTES December 8, 1986 Joint Harbor Committee Council Member Strauss Council Member Sansone League of California Cities /Orange County Division Mayor Cox Council Member Hart, Alternate Orange County Vector Control District /Board Trustees Council Member Plummer Orange County Sanitation Districts District 5 Mayor Cox Council Member Plummer, Alternate to Mayor Council Member Hart District 6 Council Member Maurer Council Member Plummer, Alternate Diatrirh 7 Mayor Cox Council Member Plummer, Alternate to Mayor Southern California Association of Governments (SCAG) Mayor Cox Mayor Pro Tem Hart, Alternate Santa Ana River Flood Protection Agency Council Member Plummer Council Member Maurer, Alternate Orange County -City Liaison Protocol Committee Jerrel Richards, Citizen /Rep Jim Dale, Citizen /Alternate Inter - County Airport Authority Council Member Hart Council Member Turner, Alternate Volume 40 - Page 499 Jt Harbor Orange County /Lg Orange County Vector Cntrl Orange County Sanitation A Rvr d Prtctn COUNCIL MEMBERS ti • • Motion All Ayes • x CITY OF NEWPORT BEACH December 8, 1986 Orange County Housing Commission- Advisory Committee Craig Bluell, Advanced Plannning Staff' Robert Brockman, Citizen /Alternate San Joaquin Hills Transportation Corridor Joint Powers Agency Board of Directors Mayor Cox Council Member Hart, Alternate CITIZENS ADVISORY COMMITTEES- CHAIRMAN /VICE CHAIRMAN /LIAISON _Bicycle Trails /Citizens Advisory Committee Council Member Sansone, Liaison Council Member Maurer, Liaison Harbor Quality /Citizens Advisory Committee Council Member Strauss, Chairman Council Member Maurer, V /Chrm Quality of Life /Citizens Advisory Committee (Two (2) Council Liaison appointments deferred to 1/12/87) Youth Council /Citizens Advisory Committee Council Liaison Maurer 3. APPOINTMENTS TO THE CITIZENS ADVISORY COMMITTEES for a one -year term expiring December 31, 1987 (appointed by Council upon recommendation of each Council Member). Motion was made confirm the following appointments: Bicycle Trails Citizens Advisory Committee (District 1) Council Member Strauss's appointments deferred to January 12, 1987. (District 2) Council Member Plummer's reappointment of Todd Schooler; remaining appointment deferred to January 12, 1987. Volume 40 - Page 500 MINUTES Orange County Housing S/J Hls Trnsptn Crdr /JtPwrs BT /CAC HQ /CAC tz Advsry COUNCIL MEMBERS 0 Motion All Ayes 0 x CITY OF NEWPORT BEACH MINUTES December 8, 1986 (District 3) Mayor Pro Tem Hart's reappointments of Robert Cooper and Donald Harvey. (District 4) Council Member Turner's appointments deferred to January 12, 1987. (District 5) Council Member Maurer's reappointments of James Andre and Rob Patterson. (District 6) Council Member Sansone.'s appointments deferred to January 12, 1987. (District 7) Mayor Cox's reappointments of William Marshall and Peggy Smith. As was discussed in the foregoing, the Quality of Life /Citizens Advisory Committee appontments were deferred to a latter date. 4. APPOINTMENTS TO THE TECHNICAL OIL ADVISORY COMMITTEE (Nominated by the Appointments Committee, and appointed by the City Council - -See Council Policy A -9 with agenda item J -2): Technical Oil Advisory Committee Motion was made to defer to January 12, 1987, the appointment to a 4 -year staggered term ending December 31, 1990. K. ADDITIONAL BUSINESS: 1. APPLICATION OF OTTO BIXLER TO CONSTRUCT IMPROVEMENTS - in the right -of -way adjacent to 701 Begonia Avenue, was presented with a report from Public Works. The Public Works Director summarized the report, noting that the applicant has applied for a permit to construct an 18 -inch high retaining wall, raised planters, brick stairways, and brick walkways in the public right -of -way on Fourth Avenue, adjacent to Begonia Avenue. It was noted that in this area of Corona del Mar, there are sidewalks on the north -south named streets. The reason the raised planters and stairways are desired is that the house is elevated 2'h to 3 feet above the street. The raised Volume 40 - Page 501 (65) COUNCIL MEMBERS S � • • Motion All Ayes 0 CITY OF NEWPORT BEACH x MINUTES December 8, 198E planters will also protect the roots of a number of private trees located on the property line. It was recommended by the staff that if the subject permit is approved, it be subject to: 1) Execution of an agreement for nonstandard improvements; and 2) Construction of a 4 -foot wide Portland cement concrete sidewalk adjacent to the curb on Fourth Avenue; or 3) If brick walkway is approved, it be subject to construction over 4 inches of portland cement concrete pavement. Otto Bixler, applicant, addressed the Council in .support of his request. He stated that work has already been issued, ignorant of the fact that a permit was needed. He described the proposed improvements as shown on the sketch attached to the staff report. Discussion ensued, wherein the Public Works Director advised that the other interested party in this matter, Mr. Ellis, was notified of this meeting. He also pointed out that the agreement for nonstandard improvements is an agreement between the City and property owner that establishes the specifications which are approved by the City Council, the maintenance and liability and responsibilities; and a recorded agreement that runs with the land. Motion was made to approve the application of Otto Bixler, with the brick walkway, subject to construction over 4 inches of Portland cement concrete pavement, and subject to execution of an agreement for nonstandard improvements. Volume 40 - Page 502 Permit _a • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES CO¢ December 8, 1986 2. Motion was made to schedule a public hearing on .January 12, 1987, regarding Resubdivision 835, and Modification 3226, on property located at 904 -908 Zurich Circle. City Clerk ✓ �� °® Volume 40 — Page 503