Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout07/25/1994 - Regular MeetingCOUNCIL MEMBERS
10PONTG_01: �` A
Present x
Absent
Motion
All Ayes
n
Ayes
•
Motion
All Ayes
Motion
All Ayes
•
CITY OF NEWPORT BEACH
X x
x
x
x
x
X
x
x
x
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 2:00 P.M.
DATE: July 25, 1994
ROLL CALL
Reading of Minutes of Meeting of July 11,
1994, was waived, approved as written, and
ordered filed.
Reading is full of all ordinances and
resolutions under consideration was waived,
and City Clerk was directed to read by titles
only.
MATTERS WHICH A COUNCIL MEMBER HAS ASKED TO BE
PLACED ON THE AGENDA FOR DISCUSSION:
Council Member Watt - Discussion of
Banner - Toting Airplanes.
The City Attorney advised that the City
is totally preempted by the Federal
Government in this area, and therefore,
cannot regulate aerial advertising over
the City; however, following comments by
Council Members Watt and Sansone, the
City Attorney stated he would send a
letter to the FAA conveying the
Council's concerns in this regard.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE
STAFF TO REPORT ON AT A SUBSEQUENT MEETING:
Council Member Debay requested that
staff report back at the next meeting
regarding the televising of afternoon
Council meetings.
Council Member Debay requested that
staff report back at the next meeting
regarding the possibility of moving the
"Public Comments" section of the agenda
to the beginning of the evening meeting.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO
PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF
REPORT:
In response to inquiry by Council Member
Debay, the Planning Director reported
that the proposed City -wide
Condo /Conversion Ordinance will be
presented to the Planning Commission in
late August and should be to the Council
at their September 26 meeting for
introduction.
COUNCIL COMMITTEE REPORTS - For discussion
only:
1. Motion was made by Council Member Hart
to receive and file the Minutes of the
July 5, 1994 Bicycle Trails Citizens
Advisory Committee.
2. Motion was made by Council Member Watt
to receive and file the Minutes of the
July 7, 1994 meeting of the Harbor
Quality Citizens Advisory Committee.
volume 48 - Page 236
MINUTES
INDEX
(24)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
C LL
r
` July 25, 1994
ROLL
MINUTES
TK=Y
STAFF REPORTS - For discussion only:
3. Annual Narcotics Asset Forfeiture.
(70)
[Report from Chief of Police]
Motion
x
Motion was made by Council Member Hart
AWyes
to receive and file the subject Report.
4. Presentation by County Harbors, Beaches
(68)
and Parks Department regarding new
HARBOR PATROL FACILITY ON BAYSIDE DRIVE.
[Report from Planning Department]
Motion
x
Denton Turner of the County Harbor,
All Ayes
Beaches and Parks Department, gave a
brief presentation regarding their new
Harbor Patrol Facility on Bayside Drive
as depicted in drawings on display and
answered questions posed by Council;
following which, motion was made by
Ma or Turner to receive and file the
subject report.
5. Proposed Amendment to Zoning Code
(68)
governing development of sites on the
inland side of Coast Highway between
Rocky Point and Dover Drive. [Report
from Planning Department]
Motion
x
Motion was made by Mayor Turner to
All Ayes
receive and file the subject Report.
STAFF REPORTS - For discussion/action:
6. Legal opinion from City Attorney
(74)/(38)
regarding San Joaquin Hills
C -2548
•
Transportation Corridor ( SJHTC) Joint
Powers Agreement (JPA).
City Attorney Burnham summarized his
legal opinion as to whether or not the
City Council is empowered to approve the
SJHTC JPA and related Fee program
without submitting the matter to the
electorate pursuant to Section 422 of
the City Charter. He noted that Section
422 of the Charter is inapplicable to
decisions of the City Council relating
to the SJHTC. The Charter may be
inapplicable to other State highway
projects but he cannot envision any
amendment that would make the language
more effective. With regard to the
approval of the Ford Road realignment
which occurred some six years ago, a
number of documents have been executed
relating thereto and the City amended
its General Plan to implement that
precise alignment, and the project is
currently under construction. In
essence, the voters do not have the
right to approve or disapprove that
particular decision as it was in the
express purview of the City Council.
•
Volume 48 - Page 237
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
CflLL July 25, 1994
Volume 48 - Page 238
MINUTES
Arthur De La Loss, 220 Rings Place,
addressed the Council and requested this
issue be placed on the November ballot
pursuant to Section 422 of the City
Charter in order to give the public an
opportunity to get "back into the loop"
with respect to the number of vehicles
that will. be routed into residential
•
areas, specifically as a result of the
Ford Road alignment, etc. He felt the
electorate should be able to "vote on
one of the most important issues that
could destroy the character of a
neighborhood which is traffic."
Yvonne Houssels, 1307 Outrigger Drive,
President„ Harbor View Hills Homeowners
Association, addressed the Council and
referenced a letter from the
Transportation Corridor Agencies
regarding an article published in the
Orange County Register dated July 16,
1994, indicating that as a result of a
survey by Austin Foust, 828 stated that
they would stop using Newport Coast
Drive once the toll is implemented; 658
would go through Corona del Mar, and the
remaining percentage would use alternate
routes. She urged the Council to
"support the City Charter, think of the
public, and put this item on the
ballot."
Claire Schwan, 75 Montecito, President,
Spy Glass Community Association,
addressed the Council and stated she
represents 350 homes that will be
greatly impacted by the traffic that
will be coming through their
neighborhood as a result of people not
paying the 50 cent toll on Newport Coast
Drive. She recommended the Council
allow the voters to decide this issue.
Delores Otting, 17 Hillsborough,
addressed the Council and questioned
whether or not the property values will
decrease in the subject area as a result
of increased traffic.
Mr. De La Loza addressed the Council
again and urged favorable consideration
of placing this issue before the
electorate in November as he felt it
would serve a great public interest.
Harry Merrill, 25 Montecito, former
Planning Commissioner, addressed the
Council regarding noise impacts in the
residential neighborhoods as a result of
those who do not wish to use Newport
Coast Drive. He also felt there has
been a reduction in property values in
the area of the proposed toll road.
The City Attorney pointed out that the
Charter provisions are restricted to
electoral approval of agreements or
contracts and does not speak to the
Volume 48 - Page 238
MINUTES
COUNCIL MEMBERS
mot" �i._
ROLL CALL ma
M&
Ayes
Noes
•
0
x
X Ix Ix Ix Ix Ix
CITY OF NEWPORT BEACH
July 25, 1994
alignment of roadways, etc. If the City
Council were considering placing an item
on the ballot, it would have to be
limited to a specific agreement or
contract related to a City street which
comes within the purview of the Charter
provision.
Following consideration, motion was made
by Mayor Turner to receive and file the
City Attorney's report on this matter.
Discussion continued wherein Council
Member Watt indicated she felt the staff
should bring back an analysis as to what
options the City has that could affect
the issue at hand. however, the staff
recommended that that report be
completed only after the final report is
received from the Austin Foust Traffic
Engineering firm.
The motion made by Mayor Turner was
voted on and carried.
At this time, Ken Smith, Transportation
Director, Orange County EMA, gave a
STATUS REPORT ON THE NEWPORT COAST DRIVE
EXTENSION PROJECT, noting it is their
goal to complete construction by March
1997. He stated they expect to have the
draft EIR completed by mid September
with public hearings scheduled for
November.
Report from the Fire Chief regarding
Enhanced Paramedic and Ambulance
Delivery System.
Fire Chief: Tim Riley summarized his
report which included discussion of the
following: 1) Pre - hospital Care in
Newport Beach, 2) Description of
Enhanced Paramedic Delivering System, 3)
Why do we need to do this ?, 4) Benefits
Derived from the Enhanced Pre - hospital
Care System, 5) Implementation Plan, 6)
Fiscal Impact, and 7) Outstanding
Issues. In concluding his remarks, it
was recommended the City Council:
Authorize transfer of $42,328 from
the Paramedic Program Designated
Reserves, established in 1984 with
the City proceeds received from
the sale of Hoag Health Facility
Revenue Bonds, to the Fire
Department budget to fund phase
one of the implementation of an
enhanced paramedic and emergency
ambulance transportation delivery
system.
Direct the City's negotiation team
to meet and confer with the
Newport Beach Firefighters
Association concerning the
implementation of an enhanced
paramedic and emergency ambulance
transportation delivery system.
Volume 48 - Page 239
MINUTES
(41)
INDEX
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CRLL July 25, 1994
•
Motion x
Motion
Motion
x
Direct the Fire Chief to develop
revisions to Chapter 5.14 of the
Newport Beach Municipal Code that
will allow the Fire Department to
provide cost effective emergency
ambulance transportation services
as part of a comprehensive
Emergency Medical Services
delivery system.
Direct the Fire Chief to revise
the Fire Medics Paramedic
Membership Program to include
emergency ambulance transportation
as a part of the coverage for Fire
Medic members.
Direct the Fire Chief to develop
a revised resolution establishing
reasonable fees for providing
emergency ambulance
transportation.
The City Manager commented that the
subject proposal can and will improve
the efficiency in terms of emergency
medical service as well as provide
additional revenue to the City which is
now resulting in profits to a private
company.
Following a question and answer period
with the staff, motion was made by
Council Member Sansone to direct the
City's negotiating team to meet and
confer with the Newport Beach
Firefighters Association concerning the
implementation of this program and
report back to City Council before
proceeding any further at this time.
Substitute motion was made by Council
Member Debay to direct staff to meet and
confer on this item, but to also approve
the allocation of $2,000 for EMS
Consultant Fees, and $2,328 for Tuition,
Books and Supplies.
Mayor Turner left the meeting at this time
(4:15 p.m.).
Council Member Hedges stated he cannot
see the value of spending any money on
this program prior to any agreement
being in place, and therefore, made a
substitute, substitute motion to report
back on August 8th regarding the on-
going training and recertification costs
for the additional paramedics as well as
the on -going equipment and equipment
replacement costs, and to direct staff
to proceed with the meet and confer
process.
The Fire Chief replied that the costs
estimates provided in his staff report
are inclusive of all of the items
referred to by Council Member Hedges and
that total is $108,000.
Lance Lawson of Seals Ambulance Service,
addressed the Council and stated that he
submitted a letter to the Fire Chief
Volume 48 - Page 240
MINUTES
10 11
COUNCIL MEMBERS
ROLL CRLL s,
0
•
All Ayes
Mon
All Ayes
X
CITY OF NEWPORT BEACH
July 25, 1994
regarding a similar proposal by their
company that would generate
approximately $200,000 a year to the
City without adding any extra liability,
start -up costs or rate increase. He
stated he did not see the urgency for
the City to "Jump into" this program
without investigating their offer first.
Ron Hendrickson, 1991 Port Claridge
Place, addressed the Council and
inquired into the total cost for this
six -month pilot program; what would be
the additional liability to the City and
how would that be covered; does the City
already receive franchise fees from
Seals Ambulance Service; and what
percentage of 911 calls are beach
related.
Bruce Lloyd, 1826 Toyon Lane, addressed
the Council in opposition to this
proposal indicating that: this program
is not good for private enterprise;
government does not always do things
best or cheapest; that taxpayers should
not have to pay for training for
employees to better themselves; that
consultants are unnecessary inasmuch as
the City has an well -paid executive
staff; this program should have been
brought before the City Council six
months ago, and that this is too much of
a "rushed deal" to act on at this time.
Harry Merrill, 25 Montecito Drive,
addressed the Council and stated he felt
this program needed a feasibility study
to determine the bottom line cost to
residents, etc. He also noted in the
report that part -time clerical help is
needed to collect the money which would
be an added cost to the City.
Madeline Arakelian, South Coast Refuse,
addressed the Council and talked about
the number of paramedics proposed for
each unit, but also pointed out that she
did not want to see the City lose its
perspective with regard to this program
as the most important thing is saving
lives and not Just generating additional
revenue.
Following further discussion, Council
Member Hedges moved to amend his
substitute, substitute motion to direct
staff to include responses to the
questions of the above speakers in the
staff report to be brought back in two
weeks. The motion, as amended, was
voted on and carried.
At this time, motion was made by Mayor Pro Tem
Watt to move Agenda Item No. 11, proposed
LIBRARY BOARD CHARTER AMENDMENT, to the first
item on the evening agenda.
Hearing no one wishing to address the Council
at this time, the motion was voted on and
carried.
Volume 48 - Page 241
R111F1
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s `
ROLL CALL July 25, 1994
Motion
All Ayes
El
Motion
All Ayes
M n
A *es
0
MINUTES
INDEX
;68)
,74)/(44)
(68)
Library
Board
(39)
x
S. Following verbal report from the
Planning Director regarding ACTIONS
TAKEN BY THE PLANNING COMMISSION ON JULY
21, 1994, motion was made by Mayor Pro
Tem Watt to receive and file said
report.
9. Report from Public Works and General
Services Departments regarding CAPITAL
PROJECTS PROGRAM AND VEHICLE PURCHASES,
recommending approval of additional
exceptions to the partial moratorium
adopted on June 27, 1994, consisting of
on -going maintenance and rehabilitation
programs (not including major projects),
and mandated projects and program, and
allow staff to proceed to purchase the
39 items of rolling stock included in FY
1994 -95 Budget.
x
Following discussion, motion was made by
Council Member Hart to approve the
staff's recommendation for the purchase
of the 39 items of rolling stock only;
to allow staff to proceed with capital
improvement contracts or projects which
are already substantially underway, and
to report back on August 8th with a list
of the mandated projects and programs as
well as on -going maintenance and
rehabilitation programs.
10. Report from the City Manager regarding
CIOSA Implementation Update.
x
After hearing the above status report by
the City Manager, Thomas A. Downey,
Attorney, and John Murphy of The Irvine
Company, answered technical questions
posed by Council Members; following
which, motion was made by Council Member
Debay to direct the staff to prepare a
Special Improvement District "umbrella"
Ordinance for presentation at a future
meeting.
ADJOURPED T2 CLOSED SESSION at 5:25 p.m.
[Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED: None.
RECESSED at 5:50 v.m., and reconvened at 7:00
p.m. with all Council Members present.
Pursuant to Council action taken at the
afternoon meeting, Agenda Item No. 11 - Report
from City Manager regarding proposed LIBRARY
BOARD CHARTER AMENDMENT, was taken up at this
time.
The City Clerk advised that after the
agenda was printed, nine letters were
received regarding the proposed Charter
Amendment from the following:
Wendell Fish, 1901 Chubasco Drive
Annie B. Li.ndt, 2236 Aralia
Collece Kern, P.O. Box 3246
Volume 48 - Page 242
INDEX
;68)
,74)/(44)
(68)
Library
Board
(39)
COUNCIL MEMBERS
ROLL CRLL
•
•
CITY OF NEWPORT BEACH
July 25, 1994
Vanja Cumming, 432 Onda
Mrs. Richard Meyer, 408 Onda
David Evans, 1415 Galaxy Drive
Joan and Lloyd Winburn, 1612 Cornwall
Lane
Mrs. Alex Hilton, 2611 Bayshore Drive
James and Betty Wharton, 1033 Goldenrod
Avenue.
It was noted on July 11, 1994 the City
Council adopted election resolutions and
a proposed amendment (Exhibit "A") to
the City Charter relating to the
composition and duties and
responsibilities of the Board of Library
Trustees. As a result of that Council
action, the Library Board called a
special meeting on Thursday. July 21,
1994 to consider possible revisions to
that amendment, which if approved by the
Council at this time and placed on the
ballot, would read as follows:
"Section 708. Board of Library
Trustees. Powers and Duties.
There shall be a Board of Library
Trustees consisting of seven members
which shall have the power and duty to:
(a) Adopt policies, rules and
regulations regarding the
administration of City libraries
and annually prepare a written
report to the City Manager
evaluating the extent to which
Library management and staff are
implementing these policies, rules
and regulations.
(b) Make and enforce such by -laws,
rules and regulations, including
the election of officers from
among its members, as may be
necessary for the conduct of
business by the Board.
(c) Consider the annual budget for
library purposes during the
process of its preparation and
make recommendations with respect
thereto to the City Council and
City Manager.
(d) Adopt, and ensure compliance with,
policies regarding the purchase,
acquisition, or provision of
circulating and non - circulating
material and informational
services to ensure, among other
things, the library provides
material and information
presenting all points of view on
current and historical issues and
that material is not excluded
because of its content or the
origin, background or views of
those contributing to its
creation. The acquisition of
material shall be within the
monetary limitations specified in
the budget.
Volume 48 - Page 243
10 AVIO
Library
Board
s �
ROLL CALL
•
•
•
Motion
x
CITY OF NEWPORT BEACH
July 25, 1994
(e) Participate in the recruitment and
selection of the person
principally responsible for
Library administration, who shall
be a professional librarian who
possesses all of the minimum
qualifications specified in the
job description. The Board shall
provide the City Manager, who is
responsible for the ultimate
selection and appointment, with a
list of the best qualified
candidates as determined by
written and oral examinations
Jointly developed by the Board and
the City Manager and administered
by a five member panel consisting
of two Board members, two
professional librarians selected
by the Board, and a representative
selected by the City Manager.
(f) Accept money, personal property or
real estate donated to the City
for library purposes, subject to
the approval of the City Council.
(g) Contract with schools, county or
other governmental agencies to
render or receive library services
or facilities, subject to the
approval of the City Council."
The following persons addressed the
Council in opposition to the proposed
Charter Amendment:
Gordon Glass, 2024 Avenue Chico, former
Member of the Library Board
Charles Mosmann, 1015 Dolphin Terrace
Alice Rester, 210 Goldenrod
Jane Mosmann, 1015 Dolphin Terrace
Lucille Kuehn, 1831 Seadrift Drive,
Member of the Library Board (also
read letter in opposition from David
Carmichael, President of the Newport
Beach Library Foundation)
It was indicated by the above speakers
that they felt the timing for the
proposed amendment was inappropriate due
to the recent opening of the new Central
Library; that said amendment could have
a detrimental effect on future financial
contributions; that furthur cleaning -up
of the amendment is still needed, and
the City should wait and revise this
section of the Charter when the entire
document gets updated.
Irwin Gellman, 8 Rocky Point Road, and
Karen Evarts, 426 Piazza Lido, former
Member of the Library Board, addressed
the Council in support of the Charter
Amendment, indicating they felt the
revised exhibit is well- written, well
thought -out, and should be approved.
Hearing no further testimony, motion was
made by Mayor Turner to adopt the
revised Exhibit "A" as set forth in the
foregoing, and to rescind the previous
Exhibit "A" approved by the City Council
on July 11, 1994.
Volume 48 - Page 244
MINUTES
INDEX
COUNCIL MEMBERS
i
ROLL CALL
Motion
•
Ayes
Noes
Ayes
Noes
Motion
All Ayes
•
CITY OF NEWPORT BEACH
MINUTES
July 25, 1994
INDEX
racy
rd
Inge Cnt
Ls Cncl
a 94 -68
Z)
6)
A 94 -1(B
5)
X
Substitute motion was made by Council
Lib
Member Sansone to rescind the Council's
BOB
action on July 11, 1994 with regard to
placing the proposed Library measure on
the ballot.
Council Member Sansone indicated he made
the substitute motion because he felt it
was the "will of the majority of people
who support the Library." He also felt
that if this matter is put on the
ballot, it will become a very political
issue at election time.
Council Member Watt suggested that the
word "diverse" be inserted after the
word "all" in Section (d) above to which
Mayor Turner accepted.
X
x
x
The substitute motion made by Council
Member Sansone was voted on and FAILED.
X
x
x
x
X
x
x
x
x
The original motion was voted on and
X
x
carried.
CONSENT CALENDAR:
X
The following items were approved, except for
those items removed:
RESOLUTIONS FOR ADOPTION
12. Removed from the Consent Calendar.
13. Resolution No. 94 -68, proclaiming
Or
support for the Orange County Arts
Ar
Council. [Report from Community
Re
Services Department]
(6
14. Removed from the Consent Calendar.
15. Removed from the Consent Calendar.
16. Removed from the Consent Calendar.
17. Removed from the Consent Calendar.
CONTRACTS AND AGUKENENTS
18. Removed from the Consent Calendar.
19. PERSONNEL VACANCIES - Report from
(6
Personnel Director.
20. Removed from the Consent Calendar.
21. PUBLIC HEARING SCHEDULING - August 8,
GP
1994:
(4
General Plan Amendment No. 94 -1(B) -
Request to amend the Land Use Element of
the General Plan so as to allow the
addition of three theaters with a total
of 897 seats to the Edwards' Big Newport
Cinemas; and the acceptance of an
environmental document [Report from
Planning Department];
Volume 48 - Page 245
INDEX
racy
rd
Inge Cnt
Ls Cncl
a 94 -68
Z)
6)
A 94 -1(B
5)
COUNCIL MEMBERS
C31LINMR, I
•
•
•
CITY OF NEWPORT BEACH
July 25, 1994
Traffic Study No. 94 - Request to
approve a traffic study for the addition
of three theaters with a total of 897
seats to the Edwards' Big Newport
Cinemas;
Use Permit No. 1527 (Amended) - Request
to amend a previously approved use
permit which permitted the expansion of
the existing Edwards' Big Newport
Cinemas located on property in the APF -H
District. The amendment involves a
request to construct a new building
containing three theaters,
administrative offices, and a total of
897 theater seats. The proposal also
includes: a use permit to allow
portions of the proposed building to
exceed the 32 foot basic height limit in
the 32/50 Foot Height Limitation
District; and request to permit an off -
site parking arrangement for the
additional required parking;
EKED
Exception Permit No. 46 - Request to
allow the construction of a 40 foot high
free standing, double - faced, animated
identification /marquee sign for the
Edwards' Big Newport Cinemas.
22. READILY ACHIEVABLE ADA ALTERATIONS AND
PRIORITY STRUCTURAL ADA ALTERATIONS (C-
2941) - Rescind the June 13, 1994 award
of Contract No. 2934; approve an
exception to the capital projects
moratorium and the plans and
specifications for the project; and
authorize staff to advertise for bids.
[Report from Public Works Department]
23. Removed from the Consent Calendar.
24. ACCEPTANCE OF TRAFFIC SIGNAL
MODIFICATIONS AT VARIOUS LOCATIONS (C-
2937) - Accept the work; 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]
25. MEASURE M LOCAL STREETS AND ROADS
PROGRAM 1994/95 ELIGIBILITY APPLICATION
- Adopt the final 7 year Capital
Improvement Program and direct staff to
submit the adopted program to the Orange
County Transportation Authority to
satisfy the eligibility requirements for
the Measure M funding program. [Report
from Public Works Department]
26. ACCEPTANCE OF CENTRAL LIBRARY (C -2778) -
Accept the work; 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; and direct staff to
continue negotiation of outstanding,
claims with Contract. [Report from
Public Works Department]
Volume 48 - Page 246
MINUTES
INDEX
94 -1(B
ADA
C -2941
(38)
Traffic
Signal
C -2937
(38)
Measure M
(74)
Central
Library
C -2778
(38)
COUNCIL MEMBERS
ROLL C LL
•
•
•
CITY OF NEWPORT BEACH
July 25, 1994
27. INTERIM MASS- GRADING 6 STORK DRAIN
RELOCATION UTILITIES YARD PHASE II SITE
WORE (C -2979) - Authorize staff to
approve change orders to Southern
California Sandbags in an amount above
25% of the original contract award
amount due to relocation of reservoir
and modification to plans and
specifications. [Report from Utilities
Department]
28. GENERAL PLAN AMENDMENT 94 -2: Report
from Planning Department regarding:
E. General Plan Recreation and Open
Space Element - Request to amend
the General Plan Recreation and
Open Space Element to review and
prepare a comprehensive update of
the Element, which was adopted in
1985.
Note: Letter received after agenda
printed from Dr. Norman Von Herzen.
29. Regarding Denial of application of Edwin
0. Hendrickson to EXTEND AN EXISTING
CURB OPENING AT 204 TOPAZ AVENUE, on
Balboa Island. [Report from Public
Works Department]
In view of the number of people in attendance
regarding the Balboa Bay Club public hearing,
motion was made by Mayor Turner to consider
Agenda Item No. 30 at this time.
30. Mayor Turner opened the public hearing
regarding proposed ORDINANCE N0. 94 -36,
being,
AN ORDINANCE OF THE CITY OF
NEWPORT BEACH ADOPTING PLANNED
COMMUNITY DISTRICT REGULATIONS AND
DEVELOPMENT PLAN FOR THE BALBOA
BAY CLUB AND AMENDING PORTIONS OF
DISTRICTING NAPS NO. 6 AND 23 SO
AS TO RECLASSIFY SAID PROPERTY
FROM THE R -4 DISTRICT TO THE
PLANNED COMMUNITY (P -C) DISTRICT
AND REMOVING THE SPECIFIC PLAN
DESIGNATION FROM THE PROPERTY
(PLANNING COMMISSION AMENDMENT NO.
787).
TRAFFIC STUDY NO. 100 - Request to
approve a traffic study for the proposed
expansion of the Balboa Bay Club;
AND
USE PERMIT NO. 3524 - Request to permit
the construction of buildings that
exceed the basic 26 foot height limit on
property located in the proposed 26/35
Foot Height Limitation District.
Report from Planning Department.
The City Clerk advised that after the
agenda was printed, seven additional
letters were received in support of the
Bay Club's proposal from the following:
Volume 48 - Page 247
MINUTES
INDEX
Storm Draii
Relocation
C -2979
(38)
GPA 94 -2
(45)
Permit
(65)
Balboa Bay
Club
PCA 787
(94)
COUNCIL MEMBERS
ROLL CRL�L�s9y
•
•
•
CITY OF NEWPORT BEACH
July 25, 1994
Kirk Dawson of Fletcher Jones Leasing
Ken Lindt, 2236 Aralia Avenue
David Blaukauhorn, 2641 Alta Vista
Drive
Robert Shelton, 4700 Surrey Drive
Mr. & Mrs. John Patrick Ormsbee, 1219
Bayside Drive
Pitchess Insurance Associates, 1601 Dove
Street
Roger A. Alford, Newport Harbor Area
Chamber of Commerce.
John Douglas, Principal Planner/
Environmental Coordinator, outlined the
applications involved, summarized the
Planning Commission and staff
recommendations, and noted that the
Planning Commission had unanimously
approved this request on June 9, 1994.
He emphasized that the proposal under
consideration does not include the
Terrace Apartments. Some of the key
issues he noted was: 1) public coastal
access; 2) that no public views from
public parks and roads will be reduced;
however, some private views will be
reduced; and 3) the proposed height
limit is 35 ft. for the project which
means that a flat roof can be 35 feet
high or in the case of a sloped roof,
the ridge of the roof could be 40 ft. so
long as the average height of the
pitched roof was no more than 35 ft. He
stated that prior to approving a Planned
Community District with a height limit
in excess of the basic height limit, the
Planning Commission and City Council are
required to make specific findings, and
in this particular case, the four
findings are as follows:
1) The project would provide more
public visual open space,
2) The project would provide more
desirable architectural treatment,
3) There would be no abrupt scale
relationships between the project
and adjacent uses, and
4) There would be no more building
floor area than allowed under the
basic height limit.
With respect to traffic and parking, Mr.
Douglas reported that the expansion
project would generate a total of 920
trips per day. Peak hour traffic would
be 80 trips in the morning, and 30 in
the afternoon. The Traffic Study also
shows that a traffic signal will be
required at the entrance to the Club,
and that signal is currently in process.
The expansion plan is consistent with
the General Plan, and the Traffic Study
includes assumptions that would be well
within the range of the development that
is proposed as part of this project. He
discussed the Parking Study noting that
a total of 465 parking spaces would be
required whereas the project proposes
466 spaces. BBC employees will now be
required to park on -site rather than
having to park on Coast Highway.
volume 48 - Page 248
MINUTES
INDEX
Bay
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
Fs
ROLL CRLL July 25, 1994
MINUTES
IQrJr*�
Mr. 'Douglas pointed out with regard to
Balboa Bay
the walls and fencing along Coast
Club
Highway, that the applicant has stated
that the aesthetics of the project may
actually be improved through the use of
a landscaped solid wall or fence in some
sections in order to screen mechanical
equipment or buildings where no bay
•
views would be obstructed, and
therefore, requested that the applicable
section of the Planned Community
District Regulations be revised to read
as set forth on Page 4 of the staff
report. In addition, staff requests
that the Council provide direction
regarding the request submitted by
Orange Coast College for use of property
now occupied by the Bay Club. The staff
feels that this issue can be addressed
as part of the lease negotiations with
the Bay Club.
The City Manager advised that due to
redevelopment of the subject property,
but a total separate issue from what is
being considered at this time, the Bay
Club has requested an extension to their
lease which currently expires the year
2011 in order to obtain adequate
financing. He noted than an appraisal
report should be to the City Council in
October as well as an economic analysis
later in the year.
Council Member Hart, Member of the
Balboa Bay Club Ad -Hoc Committee, stated
that even though the consultants have
not completed their studies, it is the
Committee's recommendation to proceed
with the land use portion of this
project; however, an additional
Condition and Finding is being
recommended as follows:
"CONDITION: City Council approval
of the Planned Community District
Regulations and Development Plan
for the BBC, and the approval of
related amendments to Districting
Maps No. 6 and 23, do not create
any express or implied obligation
on the part of the City Council,
or any member of the City Council,
or Council appointee to approve,
or support the approval of, any
new, extended or amended lease for
the property.
"FINDING: The City Council finds
that approval of the Planned
Commmity District Regulations and
Development Plan, as well as
approval of the related amendments
to Districting Maps No. 6 & 23
does not reflect any consideration
of the economic feasibility of the
•
proposed project based upon the
current term of the lease between
the City and the BBC and approval
of the Development Plan and
related districting map amendments
do not, and should not, be
construed as any express or
implied commitment or obligation
Volume 48 - Page 249
COUNCIL MEMBERS
ROLL CRLL
s
0
0
CITY OF NEWPORT BEACH
July 25, 1994
to consider or approve any new,
extended or amended lease relative
to the property."
Beverly Ray, owner of the Balboa Bay
Club, briefed the Council on the Club's
history; the types of events that have
taken place at the Club; the proposed
redevelopment plan and their request to
extend the, current lease.
Dave Wooten, President, Balboa Bay Club,
gave a slide presentation of the
proposed Redevelopment Plan which
included key plan elements, goals and
benefits, summary of proposed
improvements, modifications from the
original plan, breakdown of additional
square footage, artist renderings,
aerial views, landscaping layout and
general features, etc. He stated it is
estimated the project will take two
years to construct and it will be
completed in two phases. It is their
hope to commence construction within
three to five years from now.
The following persons addressed the
Council in support of the proposed
Redevelopment Plan:
Mamie Van ;Doren, no address given
Richard Luehrs, President, Newport
Harbor Area Chamber of Commerce
Phil Maurer, former Mayor and
Council Member of Newport Beach
Robert Badham, former Assemblyman and
Congressman
Michael Farrah, 1400 San Miguel Drive
Pete Barrett, 855 Loma Circle, Costa
Mesa
Roger Osenbaugh, 725 Via Lido Nord
Rob Bakken, Member, Newport Beach
Conference 6 Visitors Bureau
Claudette Mann, representing
Newport Mesa Board of Realtors
Jim Clough, 1201 Kings Board
Charlie Brand, 406 Jasmine Avenue
Barbara deBoom, 1743 Bayport Way
Gil Foerster, 2436 W. Coast Highway
Melanie Fitch, 1610 Kings Road
Jim Peters, resident of Bayshores
Donald Wynne, 25 Augusta Way
Clark Craves, resident of Big Canyon
Conrad Hampton, 2348 Cynthia Ct.,
Costa Mesa
John Sturgess, 601 Cliff Drive
It was indicated by the above speakers
that if the Redevelopment Plan is
approved, it would provide the
following: additional jobs, greater
revenues to the City, improved coastal
access for the community, greater
setbacks from adjacent residential
neighbors, increased public views,
greater use by more people,
revitalization of the City, increased
property values for both the City and
the Bay Club, and the entitlement would
put the City in a much better bargaining
position with negotiating the lease
agreement.
Volume 48 - Page 250
MINUTES
INDEX
Bay
COUNCIL MEMBERS
C 8\1 5 VX1 kl:! \�
•
Motion
0
•
x
CITY OF NEWPORT BEACH
July 25, 1994
Frank Eisendrath, 104 Rings Place,
addressed the Council regarding
clarification of the proposed height
limit of trees and structures on the
site, to which Mr. Douglas responded.
Ruth and C.J. Reynolds, 1301 Rings Road,
addressed the Council and stated their
view, as well as the view at 1311 Rings
Road, will be impacted greatly as a
result of the height of the Athletic
building. They also urged that the
Council carefully review the landscaping
plans, especially the tall palm trees.
Manizheh and Neria Yomtoubian, 1101
Rings Road, addressed the Council and
stated they just recently spent a great
deal of money remodeling their home only
to discover that now their view will be
obstructed because of the height of the
Athletic building, and as a result, they
felt that their property value will
decrease.
Hearing no others wishing to address the
Council, the public hearing was closed.
The City Attorney reported that the Bay
Club attorney understands the wording of
the Condition and Finding suggested by
Council Member Hart.
Following discussion, motion was made by
Council Member Hart to take the
following actions:
Adopt Resolution No. 94 -73
certifying Final EIR No. 152;
AND
a. Approve the findings
contained in the Statement
of Findings and Facts
(Exhibit A of the
Resolution) and find that
the statements contained
therein are true and are
supported by substantial
evidence in the record,
including Final EIR 152;
and
b. Find that all feasible
means to eliminate or
substantially reduce the
significant effects of the
project have been
incorporated as mitigation
measures identified in the
Final EIR; and
Find that although the
Final EIR identifies
certain unavoidable
significant cumulative
environmental effects that
will result if the project
is approved, all
significant environmental
effects that can feasibly.
be mitigated or avoided
will be eliminated or
substantially reduced to an
acceptable level by the
mitigation measures
Volume 48 - Page 251
MINUTES
INDEX
Res 94 -73
COUNCIL MEMBERS
�s
.
•
•
ME
CITY OF NEWPORT BEACH
July 25, 1994
identified in the Final
EIR, and that the remaining
unavoidable significant
cumulative effects, when
balanced against the facts
set forth in the Statement
of Overriding Consider-
ations (Exhibit B of the
Resolution), are
acceptable; and
Find that the facts set
forth in the Statement of
Overriding Considerations
are true and are supported
by substantial evidence in
the record, including Final
EIR 152; and
e. Find that Final EIR 152 and
the certifying resolution
reflect the independent
judgement of the City
Council and were considered
prior to approval of the
project; and
f. Find that the mitigation
monitoring requirements of
Public Resources Code Sec.
21081.6 (AB 3180 of 1988)
will be met through the
design of the project,
required compliance with
City building, grading, and
other codes and ordinances,
and required compliance
with the adopted mitigation
measures, as described in
the Mitigation Monitoring
and Reporting Program
contained in Exhibit C of
the Resolution; and
g. Find that considering the
record as a whole there is
no evidence before this
agency that the proposed
project will have the
potential for an adverse
effect on wildlife
resources or the habitat
upon which wildlife
depends. On the basis of
the evidence in the record,
this agency finds that the
presumption of adverse
effect contained in Section
753.5(d) of Title 14 of the
California Code of
Regulations (CCR) has been
rebutted. Therefore, the
proposed project qualifies
for a De Minimis Impact Fee
Exemption pursuant to
Section 753.5(c) of Title
14, CCR;
AND
Adopt Ordinance No. 94 -36
approving Amendment No. 787
for the Balboa Bay Club
Planned Community;
AND
Volume 48 - Page 252
MINUTES
Balboa Bay
Club
Ord 94 -36
COUNCIL MEMBERS
F`S,s �A
ROLL CRLL
CITY OF NEWPORT BEACH
July 25, 1994
Sustain the action of the
Planning Commission in
approving Use Permit No.
3524 and Traffic Study No.
100.
Council Member Hart also included in her
motion the following:
1. the additional Condition
and Finding enumerated
earlier in the minutes, and
2. that tree heights will not
exceed 26 ft. in the view
corridors and will be set
back from the bay,
3. that no landscaping be
permitted on roof tops,
4. that the trees be no higher
than roof heights,
5. that the condition
regarding walls and fencing
be modified to read:
"Fencing within the front
yard setback of Area 1
shall be predominantly an
open design (a.g. wrought
iron) so as to maintain
public views of the marina
and the bay from West Coast
Highway. Landscaping shall
be maintained so as to
enhance public views.
Solid walls or fences shall
only be permitted in this
area if it can be
demonstrated that public
views of the bayfront would
not be obstructed," and
6. that the "alternate" public
access plan that would go
along the entire bulkhead
be approved, and that the
request submitted by Orange
Coast College for expansion
of its sailing and rowing
facility not be included at
this time.
In view of the foregoing, the public
hearing was re- opened in order for Mr.
Wooten to respond.
Mr. Wooten stated they could not accept
the "alternate" public access plan for
the reasons he has discussed with
Council Member Hart on prior occasions.
He pointed out that the proposed
alternate plan would result in a serious
security problem; it would be very
difficult to police the area
Volume 48 - Page 253
MINUTES
13a}
COUNCIL MEMBERS
395T
0
All Ayes
•
0
CITY OF NEWPORT BEACH
MINUTES
July 25, 1994
INDEX
because it is relatively inaccessible
Balboa Bay
except for their on -site enforcement
Club
officers; they also feel there is a
serious safety issue involved if the
area in question is opened up, and
finally, it would be an economic problem
if residents were to vacate the Terrace
Apartments or Marina because of the
alternate public access plan.
The public hearing was closed.
Council Member Watt, Chairperson of the
Environmental Quality Citizens Advisory
Committee, commented that the Committee
was concerned with three issues, i.e.,
1) Mitigation No. 12 regarding parking
lot sweeping not less than once a month;
2) Mitigation No. 17 regarding noise as
a result of construction hours, and 3)
there was no mention about waste
reduction and recycling in the plan.
She indicated she hoped the Council
would give these items further
consideration at the appropriate time.
Council Member Debay asked Council
Member Hart if she would be agreeable to
changing her motion so that the
alternate public access plan can be
addressed at the same time the lease is
negotiated with the Bay Club.
There being no objections from Council
Member Hart, the motion, as amended in
the foregoing, was voted and carried.
ITEMS REMOVED FROM THE CONSENT CALENDAR
12. Report from the Assistant City Manager
Aviation
recommending approval of proposed
Resolution amending Resolution No. 88-
Cmte
106, adding a Homeowners' Association
(24)
Representative to the Aviation
Committee.
It was noted in the staff report that
the current membership of the Committee
includes representatives from four
homeowners associations - Dover
Shores/Mariner's, Eastbluff, Balboa
Island and Lido Isle. At its last
meeting, the Committee recommended that
representation be extended to Corona del
Mar. Residents from Corona del Mar,
particularly Irvine Terrace, have
complained that flights from John Wayne
Airport stray over their neighborhoods.
Additionally, some residents of Corona
del Mar have voiced their concern about
the use of E1 Toro and the possibility
of flights overflying Corona del Mar.
Yvonne Houssels, President, Harbor View
Homeowners Association, addressed the
Council and stated they would appreciate
a representative from their area being
appointed to the Aviation Committee.
She stated that she personally attended
the last two Committee meetings and made
this same request, and offered the name
of George Parker, a retired Marine pilot
and professor of aviation.
Volume 48 - Page 254
COUNCIL MEMBERS
ROLL CRLL
sp
•
Motion
All Ayes
Mcn
Ayes
Noes
Motion
Ayes
Noes
•
CITY OF NEWPORT BEACH
X
X I x I x I x I x I x
I©©N■©©
July 25, 1994
George Parker, resident of Corona del
Mar, addressed that Council and stated
he was in the Marine Corps for 19 years
before retiring, flew at E1 Toro Marine
base for five years, and has taught
aviation safety at DSC for 30 years. He
stated he is concerned about the airport
at John Wayne just as much as the City,
however, he disagrees with Ken Delino
regarding the use and safety of Runway
No. 7 at E1 Toro which he expanded on.
He stated he felt the Aviation Committee
needed someone serving on it that is
concerned with aviation safety.
Ralph Davis, resident of E1 Toro,
addressed the Council and stated he is
a former airline pilot, and that in his
opinion, Runway No. 7 at E1 Toro is
unsafe.
Bruce Lloyd, 1826 Toyon Lane, addressed
the Council and urged that the Aviation
Committee not be expanded until such
time as a determination has been made as
to the use of E1 Toro Marine Base.
Motion was made by Council Member Hart
to approve the recommended action and
adopt Resolution No. 94 -67.
14. Report from the General Services
Director recommending approval of
proposed Resolution modifying a
Recycling Service Fee and rescinding
Resolution No. 93 -51.
Council Member Sansone commented that he
felt this item should not have been
included with the Consent Calendar items
inasmuch as it is an increase in a
service fee. He stated, however, that
he had no objection to the proposed fee,
and therefore, moved approval of the
recommended action and adoption of
Resolution No. 94 -69.
15. Report from Director of Finance
recommending approval of proposed
Resolution authorizing and providing for
the issuance and sale of 1994 -95 Tax and
Revenue Anticipation Notes.
Council Member Hart expressed some of
her concerns regarding this issue, and
indicated she felt there could be
potential risks involved; however,
following clarification of the proposal
by the City Manager, motion was made by
Mayor Turner to approve the recommended
action and adopt Resolution No. 94 -70.
16. Report from the Director of Finance
recommending approval of proposed
Resolution approving the forms of and
authorizing the execution of an
indenture of trust, bond purchase
contract, notice inviting bids and
official statement relating to the
issuance of the City's Water Revenue
Bonds, Series 1994 and approving certain
actions in connection therewith.
Volume 48 - Page 255
MINUTES
M�`Iq�3
Res 94 -67
Recycling
Sery Fee
(40)
Res 94 -69
Tax /Revert
(40)
Res 94 -70
Water
Revenue
Bond
(40)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s �
ROLL CALL July 25, 1994
MINUTES
INDEX
Motion
x
Following an explanation of this
proposal as enumerated in the staff
report, motion was made by Council
Member Sansone to approve the
recommended action and adopt Resolution
Res 94 -71
No. 94 -71.
Council Member Hedges referenced page 23
of the Indenture of Trust, Bond Purchase
Contract, Item (c) Surplus, and
recommended that the words
"administrative expenses attributable to
the Water Fund and" be deleted and the
word "or" be substituted for the word
"and."
Ayes
x
x
x
x
x
x
Council Member Sansone stated he had no
Noes
x
objection to the above change; however,
discussion ensued wherein it was
suggested by staff that the present
language remain as written, but that
wording be added to the effect that. .
"administrative expenses
attributable to the Water Fund which are
expressly approved by the City Council
by 4 affirmative votes, and expenses .
" Council Members Hedges and Sansone
indicated they had no objections, and
the motion, as amended, was voted on and
carried.
17. Report from the City Attorney
Balcony
recommending approval of proposed
Encroach
Resolution initiating amendments to
(68)
Title 20 of the Newport Beach Municipal
Code pertaining to Balcony Encroachments
into the Front Yard Setback an Ocean
•
Front properties in West Newport and the
Balboa Peninsula.
Motion
x
Council Member Hedges removed himself
Ayes
x
x
x
x
x
x
from the table on this item due to a
Abstained
x
possible conflict of interest, and
motion was made by Mayor Turner to
approve the recommended action and adopt
Resolution No. 94 -72.
Res 94 -72
18. Report from the Public Works
Traffic
Department /Traffic Engineering,
Signal
recommending award of contract for
C -3008
TRAFFIC SIGNAL MODIFICATIONS AND
INTERCONNECT AT VARIOUS LOCATIONS (C-
(38)
3008) to Hillside Contractors, Inc., in
the amount of $580,770.
The City Manager advised that Hillside
Contractors have not provided the
required insurance to the City for this
project, and recommended this item be
removed from the agenda at this time.
Motion
x
in view of the foregoing, motion was
All Ayes
made by Mayor Turner to approve the
recommended action.
•
20. CLAIMS - For Denial by the City Manager:
(36)
Mr. & Mrs. Curtis Bluemke, alleging
damage to clothing /linens due to being
permanently stained by water during past
3 to 4 years at 74 Shearwater.
Volume 48 - Page 256
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CRLL
S July 25, 1994
is
•
Motion
All Ayes
n
yes
MINUTES
INDEX
Balboa
Peninsula
Alley
Replacemer
C -2939
(38)
Lloyd Rucker, alleging property damage
by City Police Officer who broke into
his garage at 4009 Seashore Drive on
June 1, 1994; seeking damages of
$250,000.
Southern California Gas Company alleging
City crew cut their service in half with
backhoe while repairing a sewer at 645
Via Lido Nord on May 26, 1994.
Gina B. Strong alleging personal
injuries as a result of trip and fall
due to sidewalk repair work on west side
of PCH near Tustin Avenue on June 11,
1994.
Valverde Construction alleging breach of
contract (Contract No. 2957) for Balboa
Peninsula Water Main Relining Project.
Wallis 6 Jane Winegar alleging their
daughter was severely cut across her
forehead on a palm tree limb which
encroaches into public alley of 408
Seville Avenue on April 22, 1994.
Charles & Shirley Williams alleging
heavy equipment parked in claimant's
driveway during sewer improvements on
Hazel drive damaged cement on June 1994.
Council Member Sansone referenced the
claim of Wallis 6 Jane Winegar as
enumerated in the above, and stated he
pulled this item only to point out that
he has noticed that many hedges and
trees on private property in Corona del
Mar are overgrown and encroaching onto
sidewalks which could be subject to
future lawsuits if someone is injured.
Council Member Debay reported that the
proposed draft Property Maintenance
Ordinance that will be coming to the
City Council addresses this item.
X
Motion was made by Council Member
Sansone to approve the recommended
action.
23. Report from Public Works Department
recommending City Council rescind their
June 27, 1994 action authorizing staff
to open bids for Contract No. 3001 on
July 14, 1994 regarding BALBOA PENINSOIA
ALLEY REPLACENENT AND CORONA DEL MAR
WATER MAIN AND ALLEY REPLACEMENT (C-
2939), and affirm the Categorical
Exemptions of Environmental Impact;
approve an exception to the capital
projects moratorium and the plans and
specifications for the project; and
authorize staff to advertise for bids.
X
Council Member Sansone stated he pulled
this item to point out a minor
correction in that the estimated amount
stated in the staff report should be
changed to reflect 20% will come from
the Water Fund rather than 27 %, and with
this change, he moved the recommended.
action.
Volume 48 - Page 257
INDEX
Balboa
Peninsula
Alley
Replacemer
C -2939
(38)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
In
ROLL CALL July 25, 1994
PUBLIC HEARINGS:
31. Mayor Turner opened the public hearing
regarding APPEAL ON VARIANCE NO. 1198 -
Request to permit an as -built alteration
to an existing single family dwelling
•
which has resulted in the existing
structure exceeding the allowable gross
floor area of 1.5 times the buildable
area of the site, on property located at
322 Diamond Avenue, on Balboa Island.
Report from Planning Department.
Appeal application of Ian J. N.
Harrison, AIA.
The Planning Director stated that the
subject appeal involves the conversion
of a portion of an area over a two -story
garage which results in the structure
exceeding 1 -1/2 x floor area limit. The
existing dwelling and conversion was
performed by the original owners of the
property under permits and changes to
permits issued in 1985 and 1986. The
problem came to the attention of the
Planning Department approximately 2
years ago when a complaint was received
regarding 3 dwellings on Balboa Island
which had been constructed in a similar
fashion. The problem has been partially
remedied by a recent amendment to the
Zoning Ordinance which will prohibit
garage construction of this type on
buildings in the future. As to this
•
specific case, the structure is
currently 97 feet over the allowable
floor area ratio of 1.5. The current
structure has a ratio of 1.55. This
problem can be resolved by converting
one garage to a carport and making that
carport open on one side and one end.
The Planning Commission considered this
application on June 23, 1994 and there
were no findings that could be made to
justify the granting of the Variance;
there were no facts demonstrating there
was something special or unusual about
this property that did not apply to
other similar zoned properties in the
area, and accordingly, the Planning
Commission voted unanimously to deny the
subject application.
The Planning Director also updated the
City Council on two other similar
variances he had referred to earlier,
stating that one variance was granted
and allowed to continue; however, the
other variance was denied by the City
Council and the applicant was given a
specific amount of time to take out
permits to modify the structure.
The Planning Director answered questions
•
posed by Council; following which, Ian
Harrison, Architect for the Applicant,
addressed the Council in support of the
appeal. He noted that the Broyles
purchased the property in 1987 in its
existing condition; there is proof the.
City inspected the house at the time
Volume 48 - Page 258
MINUTES
1198
(91)
COUNCIL MEMBERS
ROLL CRLL
s
•
Motion
Motion
Ayes
Noes
All Ayes
0
x
x
x
x
CITY OF NEWPORT BEACH
July 25, 1994
construction was completed with the area
in question in place, and they have
copies of the City stamped approval of
the changes to the original plans which
were submitted with the variance
application; the applicants bought the
house in good faith, relying on the
City's inspection; the Planning
Commission has approved another variance
with similar circumstances; and
therefore, they felt the City Council
should approve their request.
Bearing no others wishing to address the
Council, the public hearing was closed.
After a lengthy discussion, Council
Member Cox indicated he felt the Broyles
were not at fault on this issue and
should not be penalized, and therefore,
made a motion to overrule the decision
of the Planning Commission, and grant
Variance No. 1198 based on the Findings
and Condition for Approval designated as
Exhibit "A" in the staff report.
Council Member Watt indicated she could
understand Council Member Cox's point of
view, however, she felt there was
sufficient justification to deny this
appeal based on the Findings for Denial
contained in the staff report, and
therefore,. made a substitute motion to
sustain the decision of the Planning
Commission, which motion FAILED.
In view of the foregoing action, the
City Attorney recommended the following
additional Finding for Variance No.
1198:
"That the City would be estopped
from enforcing the floor area
provisions of the Zoning Code
because the Building Department
approved a permit authorizing
construction of, and inspected,
the additional floor area, the
excess floor was not detected
during a Planning Department
inspection of the property during
the report of residential building
records process, and the purchaser
requesting the residential
building report had no knowledge
of the illegal construction."
The original motion, as amended in the
above, was voted on and carried.
Council Member Hedges indicated he would
like to see staff come back at a future
date with a report as to how the City
could modify the Zoning Code in the R-
1.5 Zoning Districts so as to encourage
the conversion of duplexes to single -
family residences, thereby reducing
densities.
Volume 48 - Page 259
MINUTES
INDEX
Variance
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL CALL July 25, 1994 INDEX
32. Mayor Turner opened the public hearing
Adult
regarding proposed Ordinance No. 94 -38,
Entertain
being,
PCA 806
AN ORDINANCE OF THE CITY COUNCIL
(94)
OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 20.74 OF THE
NEWPORT BEACH MUNICIPAL CODE SO AS
TO AMEND SECTIONS 20.74.010 AND
20.74.020 AND DELETE SECTIONS
20.74.030, 20.74.040 AND 20.74.045
PERTAINING TO ADULT ENTERTAINMENT
BUSINESSES (PLANNING COMIIISSION
AMENDMENT NO. 806).
Report from Planning Department.
It was noted that the proposed amendment
will provide the Planning Commission and
the City Council an opportunity to re-
review studies and reports which were
provided for the adoption of Chapter
20.74 and additional information,
reports and other evidence which reflect
the need for specific land use
regulations for adult entertainment
businesses.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made by Council Member Cos to
All Ayes
adopt Ordinance No. 94 -38.
Ord 94 -38
PUBLIC COMMENTS
•
None.
ORDINANCE FOR ADOPTION
33. Proposed ORDINANCE NO. 94 -37, being,
AN ORDINANCE OF THE CITY COUNCIL
Streets/
OF THE CITY OF NEWPORT BEACH
Sidewalks
AMENDING THE PROVISIONS OF CHAPTER
(27)
10.08 PERTAINING TO THE COMMERCIAL
USE OF STREETS AND SIDEWALKS.
Recycled report dated July 6, 1994 from
City Attorney.
It was noted that the proposed Ordinance
regulates all the uses and the
conditions under which sales, events,
celebrations, etc., can be approved.
Motion
x
Motion was made by Mayor Turner to adopt
All Ayes
Ordinance No. 94 -37.
Ord 94 -37
CURRENT BUSINESS
34. League of California Cities
League
communication requesting designation of
California
CITY'S VOTING DELEGATE FOR ANNUAL LEAGUE
(61)
CONFERENCE„ October 23 through October
25, 1994, in Long Beach.
MO&
x
Motion was made by Mayor Turner to
All Ayes
designate himself as the City's voting
delegate, and Mayor Pro Tem Watt as the
Alternate.
The meeting adjourned at 11:22 p.m.
Volume 48 - Page 260
•
0
0
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
LL IA
July 25, 1994 INDEX
The agenda for this meeting was posted
on July 20, 1994 at 4:35 p.m., on the
City Ball Bulletin Board located outside
of the City of Newport Beach
Administration Building.
Kayo
Volume 48 - Page 261