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Home My WebLink About01/08/1990 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES REGULAR COUNCII. MEETING '1� 9 'f PLACE: Council Chambers TIME: 7:30 P.M. �� DATE: January 8, 1990 Z Rn� i cep � Volume 44 - Page 1 Don Beatty, Teacher at Corona del Mar High School presented awards to the winners of the Anti -Drug Poster Contest sponsored by Bus Stop Shelters. Mayor Plummer presented a Proclamation to Marcia Hendricks, Library Department Literacy Services Coordinator, in recognition of Literacy Awareness Day, January 19, 1990 in Newport Beach to highlight the Annual Business Spelling Bee for Literacy. Present x x x x x x A. ROLL CALL. Absent x Motion x B. Reading of Minutes of Meeting of All Ayes December 11, 1989, was waived, approved as written, and ordered filed. Motion x C. Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Plummer opened the continued PCA 691 public hearing regarding PLANNING oFrd /SDiegc COMMISSION AMENDMENT NO. 691, a request Crk P -CD of the DONALD BREN COMPANY, Newport Regs Beach, to amend the NORTH FORD /SAN DIEGO (94) CREEK PLANNED COMMUNITY DISTRICT REGULATIONS to allow the construction of improvements such as trellis and beam construction, patios, pools and spas within reciprocal side yard easements. Property consisting of Tract No. 12271, the detached single - family area of the North Ford /San Diego Creek Planned Community, zoned P -C. Report from the Planning Department. It was noted that this amendment was initially considered by the City Council on December 11, 1989, and continued to this meeting for the purpose of verifying the consistency between the private CC &R's and the amendment which was initiated at the request of the Newport North Villas Homeowners Association. The staff's review of the CC &R's indicates that the sideyards are to be used only as a general recreational and garden area with fences and other structures permitted subject to the prior written approval of the Architectural Review Committee. It is the opinion of the Planning Department that the amendment as proposed is not Volume 44 - Page 1 LL • Motion All Ayes x CITY OF NEWPORT BEACH MINUTES January 8, 1990 only consistent with the CC &R's of the Newport North Villas Homeowners Association, it is also consistent with what the City has allowed in the two other planned communities where this type of easement exists. Michael Gantes, 3107 Corte Caleta, addressed the Council in opposition to the proposed amendment, stating he felt it was not consistent with the CC &R's, inasmuch as there is no provision for a pool within 3 feet of the foundation of his home. He also felt each property owner in the Newport North Villas Homeowners Association should have been notified of the changes in the Planned Community Text, and urged the Council not approve the amendment. Hearing no others wishing to address the Council, the public hearing was closed. Discussion ensued, wherein it was pointed out that if Mr. Gantes felt the CC &R's are being violated, then this is a private issue between him and his respective homeowner's association. It was brought out that the City had received a letter from the Newport North Villas Homeowners Association advising of their approval of the changes, and felt said changes are necessary and will enhance the value and enjoyment of their properties. There being no further comments, motion was made to adopt Resolution No. 90 -1, amending the North Ford /San Diego Creek Planned Community District Regulations to allow construction of improvements such as trellis and beam construction, patios, pools and spas within reciprocal side yard easements. In response to question raised by Council Member Watt, the City Attorney advised that in the absence of the proposed amendment, property owners would not be permitted to do what the CC &R's otherwise allow. In essence, a prohibition is being removed against the construction of certain improvements which the CC &R's allow. 2. Mayor Plummer opened the public hearing regarding proposed ORDINANCE NO. 89 -42, being, Volume 44 - Page 2 90 -1 Ord 89 -42 Utilities Methane Gas Mitigation (89) C \9� • Motion All Ayes i • x FU` CITY OF NEWPORT BEACH MINUTES January 8, 1990 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 15.55 ESTABLISHING A METHANE GAS MITIGATION DISTRICT. Report from Utilities Director. It was noted that on April 24, 1989, the City Council adopted Resolution No. 89 -29 requesting a grant of $105,000 from the State Methane Gas Hazard Reduction Fund. The request was approved in July with funds to be released following adoption and implementation of a zoning ordinance establishing a methane gas overlay zone. The areas most immediately impacted where mitigation would be most effective are the City's Corporation Yard, CalTrans East property owned by Hoag Hospital, Channel Place Park, and an alley near 35th and Marcus. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 89 -42, and approve the findings of the negative declaration. 3. Mayor Plummer opened the public hearing pursuant to Newport Beach Municipal. Code Section 5.12.020 and 5.12.040 regarding request for Certificate of Public Convenience and Necessity for SOUTH COAST YELLOW CAB, 425 30th Street, Newport Beach, to operate a public transportation service. Report from Business License Supervisor. It was noted that investigation by the Business License Supervisor concludes that the applicant has satisfied Municipal Code requirements with regard to the proposed application to operate three taxicabs within the City; however, Yellow Cab Company of Newport Beach is protesting the use of the word "yellow" in the subject application and requests it be deleted. The City Manager stated that in view of the protest of Yellow Cab of Newport Beach, South Coast Yellow Cab was contacted and have submitted a letter advising they will delete the word "yellow" from their company name if they are granted. the Certificate of Public Convenience, and Necessity. Volume 44 - Page 3 South Coast Cab Co. (86) • Motion All Ayes • Motion All Ayes • S, X X CITY OF NEWPORT BEACH MINUTES January 8, 1990 Savvas Roditis of South Coast Yellow Cab Company, addressed the Council and reiterated the statement made in their letter to agree to remove the word "yellow" from their business name if their request is granted. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made to approve the request of South Coast Yellow Cab Company with the deletion of the word "yellow." E. PUBLIC COMMENTS: Sid Soffer, 900 Arbor Street, Costa Parking Mesa, addressed the Council regarding Meters the change of hours of operation for parking meters at McFadden Square, and the parking meter fund. Mr. Soffer was advised by Mayor Plummer that upon recommendation of the Off- Street Parking Committee, the City Council adopted a resolution on December 11, 1989, revising the hours of operation of the parking meters at McFadden Square to 10:00 p.m., and also at various designated zones, as a result of intense use of those parking areas during the evening hours. She added, the subject resolution also establishes different parking meter fees for designated parking meter zones. With regard to the use of parking meter revenues, the fund did enable the purchase of the parking lot in Cannery Village. Council Member Hart stated that as a result of recent telephone calls she received regarding the change in parking meter hours to 10:00 p.m., she has requested the Off- Street Parking Committee review this issue again. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on January 22, 1990: (a) Removed from the Consent Calendar. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 90 -2 supporting the Utilities/ $200 MILLION RECLAIMED WATER AB 1312 PROJECT STATE BOND ISSUE on the Res 90 -2 1990 Ballot [Assembly Bill 1312). (89) (Report from Utilities Director) Volume 44 - Page 4 ffqlalrj"M7�9 ;am:] COUNCIL MEMBERS MINUTES �� January 8, 1990 O L L CALL INDEX (b) Resolution No. 90 -3 recognizing the Transp Mgm/ formation of various TRANSPORTATION Air Quality MANAGEMENT ASSOCIATIONS IN THE CITY Coord Cmte and designating members of the City Res 90 -3 Council to act as liaison. (24) • (Report from Public Works /Traffic Engineering Department) 3. CONTRACTS /AGREEMENTS: (a) Approve an Agreement between the Orng Cry/ City and the County of Orange Stg 9 Coop providing for City participation in Federal Bch STAGE 9 OF THE COOPERATIVE FEDERAL Ersn Cntrl BEACH EROSION CONTROL PROJECT; C -2793 approve a Budget Amendment in the (38) amount: of $88,500; and authorize the Mayor and City Clerk to execute subject agreement. (Report from Public: Works Department) (b) Authorize the Mayor and City Clerk Orng Cty- to execute REVISED JOINT POWERS City Hazard, AGREEMENT CREATING THE ORANGE Mtrls Emgcy COUNTY -CITY HAZARDOUS MATERIAL Rspns Auth EMERGENCY RESPONSE AUTHORITY C -2760 (CONTRACT NO. 2760). (Report from (38) Fire Chief) (c) Authorize the Mayor to sign City & • MEMORANDUM OF UNDERSTANDING for the Various TRANSPORTATION RESOURCE CENTER with Entities/ the Balboa Bay Club, The Cannery MOU /Trsp Restaurant, the City of Newport Rsource Ctr Beach, Hoag Hospital, Hughes C -2788 Aircraft, the Newport Beach (38) Conference and Visitors Bureau, the Newport Harbor Area Chamber of Commerce, the Orange County Sanitation District Plant 1I2, and the Orange County Transit District. (Report from Transportation Management /Air Quality Management Coordination Committee) (d) Authorize the Mayor and City Clerk Moreland & to enter into an AGREEMENT FOR Assoc /Anul ANNUAL AUDITING SERVICES with Audgt Agm/ Moreland and Associates, Inc., Finance (Contract No. 2254) for the next C -2254 three years 1989 -90, 1990 -91, and (38) 1991 -92. (Report from Finance Director) 4. COMMUNICATIONS - For referral as • indicated: (a) To Utilities Department for Utilities response, letter of complaint from (89) W. E. Bryant concerning discontinuing his WATER SERVICE. Volume 44 - Page 5 CITY OF NEWPORT BEACH C J • • MINUTES January 8, 1990 (b) To Public Works for response, letter from Luvena Hayton, Corona del Mar Chamber of Commerce, concerning merge lanes on PACIFIC COAST HIGHWAY between JASMINE AND NARCISSUS. (c) To staff for response, offer of assistance with motor homes from Van Pomeroy for use in EMERGENCY EARTHQUAKE SITUATIONS. (d) To Planning Department for reply, letter of concern from Michael S. Mahan regarding the REUBEN E. LEE'S PARKING LOT LIGHTING. (e) To Marine Department for reply, letter from John A. Blaich /SLIP RENTAL INCREASE by The Irvine Company /California Recreation Division. PW (74) CMgr (34) Planning (68) (51) (f) To Executive Assistant for reply, LAFCO /Annex letter from Robert C. Boullon (21) concerningLAFCO's rejection to include his property within Newport Beach's Sphere of Influence. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and �(36) confirmation of the City Clerk's referral to the claims adjuster: (a) Barta Mae Deininger alleging Deininger property damage commencing September 1989, as a result of tree roots in water line at 1111 N. Bay Front. (b) Hartford Insurance on behalf of Hartford Doris Forsyth alleging vehicle was Ins /Forsyth clipped on left rear by Newport Beach Motorcycle Officer at Hospital Road onto Newport Boulevard on September 6, 1989. (c) Debra L. Scotolini alleging Scotolini personal injuries as a result of fall near parking lot at Newport Heights Elementary School on November 20, 1989. Volume 44 - Page 6 COUNCIL MEMBERS Zvi\ CITY OF NEWPORT BEACH January 8, 1990 MINUTES Volume: 44 - Page 7 (36) (66) & Co. (d) Michael and Betsy Thomas for property damage allegedly as a result of negligent construction, maintenance, design and /or control of street located at 3711/3707 • Channel Road and /or adjacent sidewalk (seawall cracking and shifting with resulting damage to patio sinking and property wall buckling) approximately November, 1989. (e) John Voelker claiming his vehicle towed away from 35th Street on December 17, 1989 for parking citations allegedly caused by previous owner. For rejection: (f) LATE CLAIM of Jeff Troegner claiming his vehicle insurance has been increased $40 allegedly due to police report listing tire damage caused by City sign on July 12, 1988 as a vehicular accident, requesting reimbursement and that the police report be corrected. 7. SUMMONS AND COMPLAINTS - For denial and • confirmation of the City Clerk's referral to the claims adjuster: (a) Dolores Armo for damages, Orange County Superior Court, Case No. 610414. Claim was denied by City Council on August 14, 1989. (b) Hull and Company, Orange County Superior Court, Case No. 610846 for complaint in subrogation for damages. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Police Records Specialist, Police Department. (b) One Refuse Inspector /Recycling Coordinator, Refuse Department. (c) One Groundsworker I, Parks Division. • (d) One Equipment Mechanic II, Equipment Maintenance Division. Volume: 44 - Page 7 (36) (66) & Co. U; • 0 • OUNCIL MEMBERS VINOI CITY OF NEWPORT BEACH MINUTES January 8, 1990 (e) One Tree Trimmer I, Parks Division. (f) One Utilities Supervisor, Wastewater Division. (g) One Utilities Supervisor, Water Division. (h) One Police Officer, Patrol Division. (i) One Equipment Serviceworker, Equipment Maintenance Division. (j) One Equipment Mechanic I, Equipment Maintenance Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Public Works Department PW /Pelican concerning DRAINAGE DESIGN UPSTREAM Hls Draing OF MORNING CANYON (response to Mark (74) R. Hughes and Shirley M. Hurwitz -- Pelican Hills Drainage). (b) Report from Executive Assistant PD /WNpt Bch recommending approval of Assn correspondence from Mayor to Tom B. (70) Christensen responding to October 10, 1989 recommendations of WEST NEWPORT BEACH ASSOCIATION. (c) Amendment to COUNCIL POLICY A -13 Council "USE OF CITY STATIONERY." Policy A -13 (69) (d) Report from Parks, Beaches and PB &R /Bicen- Recreation Director recommending tennial acceptance of donations of $500 Cmte each from Orange Coast Daily Pilot (62) and The Irvine Company in conjunction with the BICENTENNIAL OF THE U.S. CONSTITUTION COMMITTEE; The Irvine Company and Orange Coast Daily Pilot essay contest for local students. For Council. information and filing: (e) Report from the Planning Department U/P 3229(A) regarding review of TRAFFIC STUDY Lee West/ NO. 58 AND USE PERMIT NO. 3229 Npt Import (AMENDED), requests of LEE WEST, (88) Newport Imports, which were heard by the City Council on October 30, 1989. Volume 44 - Page 8 re- 0 • 0 CITY OF NEWPORT BEACH Gam$ C1 ®¢ January 8, 1990 10. PUBLIC HEARING SCHEDULING - January 22, 1990: MINUTES (a) PLANNING COMMISSION AMENDMENT NO. 693 - A request of BIRTCHER CAMPBELL, DDA, LTD., Laguna Niguel, to amend the CORPORATE PLAZA PLANNED COMMUNITY DEVELOPMENT PLAN so as to revise a portion of the interior vehicular circulation. The proposal also includes various changes to the Planned Community Text so as to make the development allocations consistent with the Land Use Element of the General Plan and to make minor changes to the development standards to include the elimination of the site coverage provisions and phased development requirements. Property bounded by Newport Center Drive, East Coast Highway, Farallon Drive and Avocado Avenue (Future Street) comprising all of the Corporate Plaza Planned Community. Zoned P -C. (Report from Planning Department) (b) GENERAL PLAN AMENDMENT 89 -3(D) - Request to amend the Land Use Element of the General Plan so as to change the designation of a portion of the property located at the southwesterly corner of Broad Street and Bolas Avenue from "Retail and Service Commercial" to "Two- Family Residential;" AND RESUBDIVISION NO. 911 - Request of A. J. CARLTON, Newport Beach, to resubdivide two existing lots into two parcels for residential condominium development and one parcel for commercial development. (Report from Planning Department) (c) Refer to agenda item F -1(a). 11. UNDERGROUNDING UTILITIES /PROPOSED ASSESSMENT DISTRICT NO. 60 - Direct staff to proceed with formation of the District to underground utilities along West Bay Avenue from 8th Street to 15th Street; investigate combining petitions to underground two separate areas into one project; investigate the desirability of adding property located across the street from the 10th Street public beach and one lot located west of the alley at 8th Street to the proposed district; and approve a budget amendment Volume 44 - Page 9 PCA 693/ Corporate Plaza P -CD (94) GPA 89 -3(D) Resub 911/ A.J. Carl- ton (45) Utilities/ Undrgr /Assm D#60 (89) LL • • l/ 11 u MINUTES January 8, 1990 appropriating $20,000 from the General Fund to prepare plans and an Engineer's Report for the proposed special assessment district to underground utilities along West Bay Avenue from 8th Street to 15th Street. (Report from Public Works Department) 12. RESUBDIVISION NO. 637 /TRAFFIC SIGNAL BOND - Authorize the City Clerk to release the Faithful Performance Bond (Bond No. 5240 79 96); and Labor and Material Bond (Bond No. 5240 79 96) for Parcel No. 1, Parcel Map 45 -10 (Resubdivision No. 311), and a portion of Block 92 and 93, Irvine's Subdivision, located at 1601 San Miguel Drive, on the northeasterly side of San Joaquin Hills Road, between MacArthur Boulevard and San Miguel Drive in Harbor View Hills. (Report from Public Works Department) 13. SPECIAL EVENTS PERMIT APPLICATIONS - Uphold staff's recommendation to approve the following applications, subject to conditions listed in the staff report: (a) Application No. 89 -123 - By Harbor View PFO, Andersen PTA, for temporary street closures for 5K and IOK "Spirit Run" on February 25, 1990 at Newport Center from 7:30 a.m. - 11:00 a.m. (b) Application No. 89 -413 - By Christian Boardriders, for approval of use of public beach for their Amateur Surfing Contest on April 28 and June 9, 1990 at beaches at 21st and 54th Streets from 7:00 a.m. - 1:00 p.m. (c) Application No. 89 -430 - By Southern California Association of MG Clubs for temporary street closure for their exhibition of MG Cars, on January 21, 1990 at Lido Marina Village on Via Oporto from 11:00 a.m. - 3:00 p.m. (d) Application No. 89 -438 - By Association of Orange Coast Yacht Club, for operating boats within 800 feet of shore for their sailing competition, to occur from various times on the dates specified (see attachment) at the ocean front shoreline. Volume 44 - Page 10 Resub 637/ Trfc Sgnl (84) Spcl Evnts Permits (65) Apli 89 -123 Apli 89 -413 Apli 89 -430 Apli 89 -438 CITY OF NEWPORT BEACH COUNCIL MEMBERS A G era January 8, 1990 CI 9 Motion All Ayes X MINUTES 14. CITY COUNCIL TRAVEL AUTHORIZATION AND Cncl Trvl EXPENSE RECORD - Approve expense records Auth /Expns for Evelyn Hart in the amount of $351, (33) and John C. Cox, Jr, for $525 while attending the Annual League of California Cities Conference in San Francisco from December 17 - 19, 1989. 15. BUDGET AMENDMENTS - For approval: (25) BA -041, $2,850 - Transfer in Budget Appropriations for funds to be used for the Bay Watcher's Classroom Program and Water Quality Video; Marine - Overtime, Special Professional, Technical Departmental Supplies Fund. BA -042, $20,000 - (Refer to agenda item F -11). BA -043, $88,500 - (Refer to agenda item F -3(a). G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department PCA 695/ regarding proposed ordinance amending C -1 to R -2 Districting Map No. 25. Est (94) In response to question raised by Council Member Strauss, it was noted that the proposed request is to change a portion of property from C -1 to R -2 located at 3245 -3251 Broad Street on the southwesterly corner of Broad Street and Bolsa Avenue. Motion was made to introduce and I Ord 90 - -1 schedule for public hearing on January 22, 1990, proposed ORDINANCE NO. 90 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING AN AMENDMENT TO THE NEWPORT BEACH MUNICIPAL CODE AND DISTRICTING MAP NO. 25 TO RECLASSIFY A PORTION OF THE DISTRICTING MAP FROM THE C -1 DISTRICT TO THE R -2 DISTRICT [PLANNING COMMISSION AMENDMENT NO. 695). H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 89 -40, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.020(d) OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD THE PORTION OF PALM STREET BETWEEN THE ALLEY SOUTHERLY OF BALBOA BOULEVARD AND OCEAN FRONT TO PARKING METER ZONE FOUR. Volume 44 - Page 11 Ord 89 -40 Vehicles/ Trfc /Pkg Mtr Zns (63) CITY OF NEWPORT BEACH OUNCIL MEMBERS �apyc � G LL a January 8, 1990 Motion 0Ayes Motion All Ayes Motion All Ayes x Ix x Reden. I x l x l x I x I x I x R ®n I x I x I x I x I x I x Recycled report from Offstreet Parking Committee, dated December 11, 1989. Motion was made to adopt Ordinance No. 89 -40. MINUTES 2. Proposed ORDINANCE NO. 89 -41, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 2.04.020 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE TIME OF CITY COUNCIL MEETINGS (FROM 7:30 P.M. TO 7:00 P.M.). Motion was made to adopt Ordinance No. 89 -41. I. CONTINUED BUSINESS: 1. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES: (One -year term expiring December 31, 1990) Motion was made to confirm the following appointments: Bicycle Trails Citizens Advisory (District 1) Council Member Strauss's appointment of William Muff. (District 2) Mayor Plummer's reappointment of Tom Newman. Environmental Quality Affairs Citizens Advisory Committee (District 2) Mayor Plummer's appointment deferred to January 22, 1990. 2. ARTS COMMISSION APPOINTMENT: Mathew Ross was assigned the green light. Candace Mittman was assigned the red light. In view of a tie, another vote was taken. Mathew Ross - green light. Candace Mittman - red light. Mathew Ross was appointed to fill the unexpired term of Sandy Blatterman, ending June 30, 1993. Volume 44 - Page 12 Ord 89 -41 City Cncl Meeting Time Chng (33) Citizens Adv Cmtes Arts Cmsn • r. u • CITY OF NEWPORT BEACH COUNCIL MEMBERS \11t\1 c° A January 8, 1990 MINUTES Volume 44 — Page 13 INDEX J. CURRENT BUSINESS: None. Meeting adjourned at 8:20 p.m., in memory of the passing of Dorothy Dostal, wife of former Mayor Milan Dostal, and the passing of Trudi Rogers, former Council Member and wife of former Mayor Howard Rogers. The agenda for this meeting was posted on January 4, 1990, at 10:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: City Clerk SEW P() O e U �.�a . i�P. F0 vk Volume 44 — Page 13 INDEX