HomeMy WebLinkAbout05/29/1990 - Regular Meeting•
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CITY OF NEWPORT BEACH
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TINE: 7:00 P.M.
DATE: May 29, 1990
Mayor Plummer read a Proclamation in RECOGNIT]
OF CITIZENS VOTING DAY, Tuesday, June 5, 1990.
Mayor Plummer presented a Proclamation to Jean
Kiger, Vice Chairman of the Library Board of
Trustees, in recognition of the NEWPORT BEACH
PUBLIC LIBRARY CELEBRATING ITS 70TH ANNIVERSARY
OF PUBLIC SERVICE ON JUNE 7, 1990.
LaVonne Campbell of the Newport Beach Police
Department, introduced the five students who were
selected to represent their school based on their
attitude, ability, and achievement in written
expression of the D.A.R.E. PRINCIPLES. Mayor
Plummer presented Proclamations to each student
and announced that Jamie Montague of Anderson
School was the winner of the ESSAY CONTEST.
Jamie read her essay in full for the Council.
A. ROLL CALL.
B. Reading of Minutes of Meeting of May 14,
1990, was waived, approved as written, and
ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was waived,
and City Clerk was directed to read by
titles only.
D. HEARINGS:
1. Mayor Plummer opened the public hearing and
City Council review of an APPEAL BY JACK
JAKOSKY from the action taken by the
Planning Commission on May 10, 1990, and
the conditions imposed on the approval of
RESUBDIVISION NO. 926, a request of Jack
Jakosky to resubdivide two existing parcels
of land into three parcels for commercial
purposes on property located at 2500 West
Coast Highway in the Mariners Mile Specific
Plan Area. The proposal also includes a
request to allow one of the proposed
parcels to be less than the minimum
required site area of 10,000 square feet.
An exception to the Subdivision Code is
also requested inasmuch as two of the
parcels do not abut a street.
Report from the Planning Department
Appeal application with attachments from
applicant.
Volume 44 - Page 179
(84)
926
COUNCIL
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CITY OF NEWPORT BEACH
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29, 1990
The City Manager pointed out that the IResub 926
appellant is specifically appealing the
following four (4) Conditions of Approval:
"6. That a 7 foot strip of land
across the northerly side of
the property be dedicated to
the public so that the existing
driveway can be widened to
improve access to the parcels.
"7. That the existing drive apron
be reconstructed along the West
Coast Highway frontage with the
City standard flared drive
apron per City Std 166 -L. All
work shall be completed under
an encroachment permit issued
by the California Department of
Transportation.
"9. That 12 feet of right -of -way be
dedicated to the public for
street and highway purposes
along the West Coast Highway
frontage; that the existing
structure be allowed to
encroach until such time as the
City widens West Coast Highway;
and at that time the City shall
pay only the cost of
rehabilitating and removing the
structure from the public
right -.of -way.
"14. That the overhead utilities be
undergrounded across the West
Coast Highway frontage of
Parcel No. 2."
A map was displayed depicting the parcels
in question to be subdivided into three
parcels.
Discussion ensued with regard to the
possible widening of Pacific Coast Highway
through the Mariners Mile area. The
Director of Public Works responded that
this issue has been before the City Council
in three different contexts, and to the
best of his knowledge, the City Council has
never taken an official position opposing
the widening of Pacific Coast Highway (PCH)
through Mariners Mile area. He further
advised that: At the time the
Environmental Impact Report (EIR) for the
widening of PCH from Bayside Drive to
MacArthur Boulevard was considered, the
document included study limits that
extended to the Arches, thus through
Mariners Mile, and that requirement was
Volume 44 - Page 180
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CITY OF NEWPORT BEACH
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29, 1990
imposed by the Federal Highway Resub 926
Administration inasmuch as Federal Funds
were involved in the proposed widening
project. The Council, at that time
rejected the approval of any EIR that would
allow for the widening of PCH through
Mariners Mile without further environmental
documentation being prepared. Secondly, on
two occasions, the Mariners Mile Specific
Area Plan has been considered, as well as
the General Plan Circulation Element, and
on each of those occasions, the Council has
affirmed the General Plan designation of a
12 foot widened PCH that would provide for
six travel lanes. He stated he would be
very concerned that if the designation for
PCH would be downgraded to the present
four -lane width, he does not believe the
City's Circulation and Land Use Elements
would be in balance as is now required.
The additional traffic in the future that
will be utilizing PCH through Mariners Mile
is generated more by additional development
and redevelopment within Mariners Mile
itself than by any other single source.
Council Member Cox stated he has been on
the Council for 10 years and does not ever
remember taking any action that would
prohibit the widening of PCH through
Mariners Mile, other than what was
indicated by the Public Works Director
relative to the rejection of a portion of
an environmental document. He felt there
has always been a plan to widen PCH in the
Mariners Mile area. He also felt that one
of the most difficult areas in which to
comply with the City's Traffic Phasing
Ordinance (TPO) is the Mariners Mile area
(specifically Riverside Drive and PCH), and
if PCH is not widened in this area, then
"you cannot comply with the TPO, and as a
result, you don't build on the property you
own there."
Council Member Hart submitted into the
record a letter from Ned McCune, owner of a
block of property on the south side of PCH
between Tustin and Riverside Avenues,
protesting the Planning Commission's
recommendations imposed on the appellant
Jack Jakosky.
During discussion, the City Attorney
cautioned the City Council that the issue
of the widening of PCH through Mariners
Mile is not an appropriate subject for the
public hearing under consideration at this
time, and that the Council is limited to
the Resubdivision in question.
Volume 44 - Page 181
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CITY OF NEWPORT BEACH
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May 29, 1990
Jack Jakosky, appellant, addressed the Resub 926
Council in support of his appeal, and
elements of concern, i.e., 1) front and
rear dedications; 2) requirement to
underground 50 feet of overhead telephone
lines; and 3) requirement to widen the
existing PCH driveway to meet current City
standards. He stated that subsequent to
the Planning Commission meeting, he met
with the Public Works staff and it was
determined that Condition No. 7 be revised
to require a one -way drive for Parcel 2.
With regard to undergrounding the overhead
utilities, he felt it would be difficult to
isolate the 50 feet and underground it, as
it would necessitate an additional pole and
four foot high junction boxes. He
explained his reasons for opposing the
required dedications and also noted there
is no additional density being requested
and stated no additional traffic will be
generated from the proposed resubdivision.
Mr. Jakosky further advised that due to the
impracticality of undergrounding 50 feet of
overhead telephone line, he has received
agreement from adjacent property owners to
participate in a pro -rata basis to complete
the underground work from Tustin Avenue to
just beyond the Waterfront Homes property,
with the total lineal footage of
undergrounding being 230 feet.
In response to question raised by Council
Member Cox regarding the requirement for
dedication, Mr. Jakosky stated he was
opposed to the front and rear dedications,
inasmuch as the City is not offering any
compensation for the land. He also felt
there was not a "definable need" for the
dedication, inasmuch as he was not adding
additional usage.
The Public Works Director, in replying to
some of Mr. Jakosky's remarks, explained
the map on page 7 of the staff report which
exhibits the existing driveway to the rear
of the subject property and shows the
widths and cross - sections. He also
commented that the City purchased an acre
of land from CalTrans, purchased additional
land for the access road, and constructed
the Mariners Mile parking lot utilizing
City funds. He felt this project was
supported by the property owners in the
Mariners Mile area, and that the City has
been very fair in the commitments it has
made and the money it has spent in this
area, all of benefit to the property
owners. He also felt the relatively
"modest" dedications being required by the
City are in conformance with the City's
Volume 44 - Page 182
MEMBERS
Motion
All Ayes
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CITY OF NEWPORT BEACH
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29, 1990
General Plan in the case of PCH, and are Resub 926
also in conformance with the reasonable
function that is necessary to be served in
the case of the property to the rear. He
also displayed photographs showing the
existing 15 parking spaces, which shall
remain, and pointed out that the proposed
26 foot access road width can be maintained
without loss of the existing 15 parking
spaces.
Following a lengthy discussion among the
Council and staff, persons wishing to
address the Council on this issue came
forward at this time.
Sid Soffer, 900 Arbor Street, Costa Mesa,
spoke in support of compensating the
applicant for the property needed for
dedication purposes.
Dickson Schaeffer, owner of property at
2510 and 2530 Pacific Coast Highway, to the
west of the applicant's property, addressed
the Council and read a prepared statement
in favor of Mr. Jakosky's request.
Ernie Liske, 1200 Dover Drive, also spoke
in support of the appellant, and stated he
felt Mr. Jakosky should be given some
"relief" with regard to the dedication
requirements.
Hearing no others wishing to address the
Council, the public hearing was closed.
Following consideration, motion was made by
Council Member Hart as follows:
Condition No. 7 is approved as
revised in the staff report of Public
Works.
Conditions Nos. 6 and 9 are modified
as follows: That applicant agrees in
writing to dedicate an easement over
a 1 -1/2 foot strip of land across the
northerly side of the property for
public access purposes; to dedicate
an easement of 5 -1/2 feet for
sidewalk purposes across the
northerly side of the property; and a
12 foot wide strip of land along the
West Coast Highway frontage as street
right -of -way subject to the
following:
1. That the applicant's obligation
to dedicate any specific strip
of land is contingent upon
written notice from City of its
intent to improve the area to
Volume 44 - Page 183
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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ALL May 29, 1990
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be dedicated within 180 days. Resub 926
Written notice may not be given
by City until improvement plans
have been completed and funding
for the project has been
approved by appropriate
agencies.
2. Applicant's obligation to
dedicate the 12 foot strip
along Coast Highway shall
remain in effect for 10 years
from the date the agreement is
executed and, if no dedication
is required within that time,
applicant shall have no
obligation to dedicate.
3. Applicant's obligation to
dedicate the 1 -1/2 foot strip
for public access purposes
and /or the 5 -1/2 foot strip for
public sidewalk purposes shall
remain in effect for a period
of 5 years from the date the
Agreement is executed, and if
no dedication is required
within that period, applicant
shall have no obligation to
dedicate the land.
4. The obligation to dedicate
shall be binding on successors
in interest and shall be noted
on the parcel map.
5. Existing structures shall be
allowed to encroach into the
area to be dedicated until such
time as removal is required due
to construction of the
improvements. (The term
"improvements" shall include
buildings, structures,
driveways, sidewalks, etc.)
City shall pay all costs
associated with removal of the
encroachment and restoration of
the remainder of the structure
or improvements.
6. The buildable area of the site
shall include the 5 -1/2 foot
strip of land to be dedicated
for sidewalk purposes.
Volume 44 - Page 184
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Motion
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CITY OF NEWPORT BEACH
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May 29, 1990
2. Mayor Plummer opened the public hearing Vacation/
regarding VACATION AND ABANDONMENT OF A Abandm
PORTION OF AN EASEMENT FOR SEWER AND PUBLIC 1504/1508
UTILITY PURPOSES crossing lots 41 and 42 of Bal Ave
Tract No. 742, located at 1504 and 1508 (90)
Balboa Avenue, Little Balboa Island.
Report from Public Works Department.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to (a) adopt Resolution No. Res 90 -48
90 -48 ordering vacation and abandonment of
a portion of an easement for sewer and
public utility purposes in Lots 41 and 42
of Tract 742 as shown in the exhibit; and
(b) direct the City Clerk to record subject
resolution with the Orange County Recorder.
E. PUBLIC COMMENTS:
Robert McCarthy, contractor for the William PW /F -4(f)
Brown residence at 127 Crystal, Balboa
Island, discussed the Council Policy
requiring newly constructed driveway
entrances being accessible from the alley.
He stated that Mr. Brown has written a
letter to the City Council and it is Item
F -4(f) on tonight's agenda.
The City Manager advised that the
recommended action on the agenda is to
refer Mr. Brown's letter to the Public
Works Department for response; however, if
the applicant wants to make access from the
public street rather than the alley, then a
report will be needed from the Public Works
Department and approval by the City
Council.
Motion was made to refer the foregoing
matter to the Public Works Department for
response.
F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on June 11, 1990:
(a) Proposed ORDINANCE NO. 90 -28, being, Ord 90 -28
Utilities
AN ORDINANCE OF THE CITY (89)
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING ORDINANCE NO.
89 -42 OF THE NEWPORT BEACH
MUNICIPAL CODE SECTION
15.55.030, ADDING A PORTION OF
Volume 44 - Page 185
ROLL
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CITY OF NEWPORT BEACH
May 29, 1990
I
W
.MINUTES
THAT AREA KNOWN AS NEWPORT
TOWNHOMES TO THE METHANE GAS
HAZARD MITIGATION ZONE.
(Report from Utilities
Department)
(b) Proposed ORDINANCE NO. 90 -29, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING THE PROVISIONS
OF CHAPTER 17.30 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING
TO TAX EXEMPT VESSELS. (Report
from the City Attorney)
RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 90 -49 declaring the
City's intention to participate in
the "GREEN ACRES PROJECT" RECLAIMED
WATER PROJECT PARTICIPATION NEWPORT
BEACH EXTENSION - PHASE i, in
cooperation with the ORANGE COUNTY
WATER DISTRICT (OCWD) for the purpose
of water conservation; authorize
staff to negotiate an agreement for
project participation with the Orange
County Water District and to draft an
ordinance for administration of the
project and sale of reclaimed waste
water through the project facilities;
agreement and ordinance subject to
final approval by the City Council;
and adopt the standard "Rules and
Regulations for the use of reclaimed
water," as published by the Orange
County Water District. (Report from
Utilities Department)
CONTRACTS /AGREEMENTS:
(a) Approve and authorize Mayor and City
Clerk to execute MARINAPARK MOBILE
HOME PARK MANAGEMENT CONTRACT NO.
1832, between the City and Norbert
and Mabel Reinhart, effective July 1,
1990. (Report w /agreement from
Executive Assistant)
(b) Approve Agreement with COUNTY OF
ORANGE ARTERIAL HIGHWAY FINANCING
PROGRAM (AHFP) PROJECT ADMINISTRATION
AGREEMENT FOR THE WIDENING OF NEWPORT
BOULEVARD 32ND STREET TO PACIFIC
COAST HIGHWAY (CONTRACT N0. 2642);
authorize Mayor and City Clerk to
execute subject agreement. (Report
from Public Works Department)
Volume 44 - Page 186
Ord 90 -29
Harbor Regs
(51)
Res 90 -49
Utilities/
Green Acres
(89)
MHm Park/
Reinhart
C -1832
(38)
/C AHFP/
2nd St -
CH Widng
(38)
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CITY OF NEWPORT BEACH
May 29, 1990
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(c) Authorize the City Manager to execute
U.S. Govt/
Right -of Entry Permits to the U.S.
Corp Engrs
Government (Corps of Engineers) for
Hamilton
the SANTA ANA RIVER MAINSTEM FLOOD
Aprsr /SAna
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CONTROL PROJECT/RIGHT -OF -ENTRY FOR
Rvr Mainstm
CONSTRUCTION ON CITY PROPERTY AND
Flood Cntr
APPRAISAL OF CITY -OWNED PROPERTY
C -2821
(TRACT 105 OXBOW LOOP; TRACT 101,
(38)
107, 1001 -2 AND 111 E [OLD TREATMENT
PLANT SITE AND ACCESS]); authorize
the City staff to retain George
Hamilton Jones, Inc., appraisal
consultants to appraise City
treatment site property; and approve
a budget amendment in the amount of
$42,500. (Report from Public Works
Department)
4. COMMUNICATIONS - For referral as indicated:
(a) To Traffic Affairs Committee for
TAC
response, letter from Mr. and Mrs. D.
(85)
G. Borthwick concerning PAINTED RED
CURBS IN NEWPORT SHORES.
(b) To Police Department for response,
PD /Towg
letters dated May 9, 11, 18, (with
(70)
two letters and attachments) from Jim
Fournier concerning TOWING /IMPOUNDING
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OF CARS.
(c) To Police Department for response,
PD
letter from Eric Askew concerning
(70)
OUTRIGGER CANOE RACES AND ALLEGED
DRINKING.
(d) To Public Works for reply, letter
PW
from Gordon H. Parsons with
(74)
suggestions for more stringent
BICYCLE RIDING REGULATIONS.
(e) To Parks, Beaches and Recreation
PB &R
Department for response, letter from
(62)
Jill and Michael Bayer APPEALING
PARKWAY TREE DECISION AT 3128 ,OCEAN
BOULEVARD.
(f) To Public Works Department for
PW
response, letter from William Brown,
(74)
127 Crystal, Balboa Island,
concerning BALBOA ISLAND POLICY
REQUIRING NEWLY CONSTRUCTED GARAGES
BE ACCESSIBLE FROM THE ALLEY.
(g) To Public Works for response, letter
PW
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from Alan L. Blum with suggestions
(74)
concerning OCEAN FRONT ENCROACHMENTS.
Volume 44 - Page 187
CITY OF NEWPORT BEACH
MINUTES
May 29, 1990
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) Pamela Clancy for personal injuries
Clancy
while as a passenger in vehicle
driven by Theodore Cernak, collided
with third party vehicle at the
intersection of Jamboree and Pacific
Coast Highway on December 10, 1989.
(b) Theodore Cernak for personal injuries
Cernak
and property damage as a result of
accident on December 10, 1989, at
Pacific Coast Highway and
intersection of Jamboree Road, with
Stephen Love, who was driving
northbound on Pacific Coast Highway.
(c) LaVerne de Is Cierva for property
de Is
damage to her wheel, hub cap and tire
Cierva
as a result of hitting unmarked
island in the middle of 30th Street
and Newport Boulevard on April 6,
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1990.
(d) William L. Palmer, III alleging
Palmer,III
employee hit his parked vehicle at
Island Avenue across from the City
Library on May 14, 1990.
(e) William Perez alleging damage to his
Perez
vehicle as a result of guard gate
striking his car at Corona del Mar
State Beach parking lot on May 5,
1990.
(f) Application for Leave to Present Late
Johnston
Claim - Frank Johnston alleging
punitive damages, pain and suffering,
medical expenses, property damage,
etc., sustained on June 10, 1989,
against the Newport Beach Police
Department. (Report from City
Attorney)
(g) Irini and Robert Rickerson for
Rickerson
general damages, medical expenses,
property damages, loss of earning,
loss of consortium, and mental
suffering, as a result of accident on
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February 2, 1990, at intersection of
Pacific Coast Highway and Jamboree.
Volume 44 - Page 188
CITY OF NEWPORT BEACH
MINUTES
May 29, 1990
7. SUMMONS AND COMPLAINTS - For denial and
(36)
confirmation of the City Clerk's referral
to the claims adjuster:
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(a) Norman James Davis for damages; etc.,
Davis
Orange County Superior Court, Case
No. 552745. Claim was denied by the .
City Council on September 28, 1987.
(b) Bill Ray Robinson for mental and
Robinson
emotional distress and trauma and
punitive damages, Orange County
Superior Court, Case No. 623457.
Claim was denied by City Council on
April 23, 1990.
8. REQUEST TO APPROVE /FILL PERSONNEL
(66)
VACANCIES: (Report from the City Manager)
(a) Two Police Officers, Police
Department.
(b) Two Refuse Worker I's.
(c) One Animal Control Officer, Police
Department.
(d) One Utilities Specialist II,
Utilities Department, Water Division.
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(e) One Librarian, Library Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar.
(b) Report from Public Works - Traffic .
Council
Engineering concerning CITY COUNCIL
Policy L -13
POLICY L -13, "ROAD BUMPS."
(69)
For Council information and filing:
(c) Report to the City Manager regarding
Planning
ACTIONS TAKEN BY THE PLANNING
(68)
COMMISSION ON MAY 10, 1990.
10. PUBLIC HEARING SCHEDULING - June 11, 1990:
(a) PLANNING COMMISSION AMENDMENT NO. 710
PCA 710
- Request by THE BAL.DWIN COMPANY to
(94)
amend the Corporate Plaza Planned
Community Development Plan so as to
raise the approved pad elevation on
Site No. 8 from Elevation 126 to
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Elevation 128. (Report from the
Planning Department)
(b) 1990 -91 ANNUAL BUDGET - Pursuant to
190 -91 FY
Section 1102 of the Newport Beach
Budget
City Charter.
(40)
Volume 44 - Page 189
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MEMBERS
CITY OF NEWPORT BEACH
MINUTES
29, 1990
11. RESUBDIVISION NO. 887 - Accept Offer of Resub 887
Dedication of MacArthur Boulevard and (84)
Avocado Avenue as shown on Parcel Map 88-
163, located at 1550 Avocado Avenue.
(Report from the Public Works Department)
12. INSPIRATION POINT AND LITTLE CORONA
OVERLOOKS /CURB ACCESS RAMP CONSTRUCTION IN
EASTBLUFF AND HARBOR VIEW HILLS /SIDEWALK
CONSTRUCTION IN CORONA DEL MAR (CONTRACT
NO. 2748) - Approve the plans and
specifications; and authorize the City
Clerk to advertise for bids to be opened at
11:00 a.m., on June 14, 1990. (Report from
the Public Works Department)
13. VARIANCE NO. 1139 - Approve the improvement
plans and specifications and accept the
public improvements constructed in
conjunction with Variance No. 1139, located
at 2717 Shell Street in China Cove; and
authorize the City Clerk to release the
Faithful Performance Bond (Certificate of
Deposit No. 032036 in the amount of
$3,000). (Report from the Public Works
Department)
14. RESUBDIVISION NO. 893 - Approve a
Subdivision Agreement guaranteeing
Completion of the public improvements
required with Resubdivision No. 893,
located at 3114 West Ocean Front and 32nd
Street, in West Newport; and authorize the
Mayor and City Clerk to execute subject
agreement. (Report from the Public Works
Department)
15. RESUBDIVISION NO. 913 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 913,
located at 700 Begonia Avenue, Corona del
Mar; authorize the Mayor and City Clerk to
execute the agreement; and accept the Offer
of Dedication of a 10 foot radius corner
cutoff at the corner of Fourth Avenue and
Begonia Avenue. (Report from the Public
Works Department)
Inspr Pt/
LtCorona/
Curb Aces
Rmp /Hrbr Vu
Hls Sdwlk
C -2748
(38)
Variance
1139
(91)
Resub 893
(84)
Resub 913
(84)
16. 1989 -90 STREET AND MISCELLANEOUS SLURRY 189 -90 St/
SEAL PROGRAM (CONTRACT NO. 2785) - Approve Misc Slry
the plans and specifications; and authorize Seal Prg
the City Clerk to advertise for bids to be C -2785
opened at 11:00 a.m., on June 13, 1990. (38)
(Report from the Public Works Department)
Volume 44 - Page 190
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CITY OF NEWPORT BEACH
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May 29, 1990
17. TRAFFIC SIGNAL INTERCONNECTION - IRVINE
AVENUE FROM WESTCLIFF DRIVE /17TH STREET TO
ORCHARD DRIVE [CONTRACT N0. 28151 - Approve
plans and specifications; affirm Negative
Declaration; and authorize the City Clerk
to advertise for bids to be opened at 9:00
a.m., on June 15, 1990. (Report from
Public Works - Traffic Engineering)
18. TRAFFIC SIGNAL INTERCONNECT ON SAN JOAQUIN
HILLS ROAD FROM JAMBOREE TO SPYGLASS HILL
ROAD [CONTRACT NO. 28161 - Approve plans and
specifications; affirm Negative
Declaration; and authorize the City Clerk
to advertise for bids to be opened at 10 :00
a.m., on June 15, 1990. (Report from
Public Works- Traffic Engineering)
19. TRAFFIC S17GNAL INTERCONNECT ON JAMBOREE
ROAD FROM BAYVIEW WAY TO BIRCH STREET
[CONTRACT N0. 2817] - Approve plans and
specifications; affirm Negative
Declaration; and authorize City Clerk to
advertise for bids to be opened at 11:00
a.m., on June 15, 1990. (Report from the
Public Works- Traffic Engineering)
20. USE PERMIT NOS. 3365 AND 3377 - Approve a
Use Permit Agreement guaranteeing
completion of the public improvements
required with Use Permit Nos. 3365 and
3377; authorize the Mayor and City Clerk to
execute the agreement; and accept the Offer
of Dedication of a six foot wide pedestrian
access easement along the entire water
frontage of the subject properties.
(Report from the Public Works Department)
21. LEGAL PUBLICATIONS FOR FY 1990 -91 - City
Clerk to publish a Notice Inviting Bids to
be received on or before the hour of 4:00
p.m., on June 15, 1990, for contract
covering the publishing and printing of all
legal notices, or other material required
to be published in a newspaper of general
circulation published and circulated in the
City of Newport Beach.
Irvine Ave/
Wstclf Dr/
17th St-
Orchard
Trfc Sgnl
C -2815
(38)
SJoaquin Hls
Rd /Jamb,
Spygls
Trfc Sgnl
C -2816
(38)
Jamb Rd/
Bayds -Birch
Trfc Sgnl
C -2817
(38)
U/P 3365 6
3377
(88)
22. SPECIAL EVENTS APPLICATIONS - Approve the Permits/
following applications, subject to Spcl Evnts
conditions listed in the staff reports: (65)
(Reports from Business License Supervisor)
(a) APPLICATION NO. 90 -130 - Maui Apli 90 -130
and Sons Surfing Contest, 53rd
to 56th Streets, June 9 - 10,
1990, from .7:00 a.m. - 5:00
p.m.
Volume 44 - Page 191
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CITY OF NEWPORT BEACH
May 29. 1990
MINUTES
(b) APPLICATION NO. 90 -132 - Joseph
Prudhomme, amplified sound in
residential area for Birthday
Celebration, 3725 Ocean
Boulevard, June 9, 1990, 6:00
p.m. - 1:00 a.m.; "no
amulification after 10:00 n.m."
23. BUDGET AMENDMENTS - For approval:
BA -066, $3,023.88 - Transfer in Budget
Appropriations for portable lifeguard
stands for Marian Bergeson Aquatic Center;
Parks, Beaches and Recreation Fund.
BA -067, $1,000 - Increase in Budget
Appropriations and Revenue Estimates for
June 3rd Celebration Walk (donation from
Friends of the NBPL and Newport Beach
Conference and Visitors Bureau); Library
Fund.
BA -068, $42,500 - Decrease in
Unappropriated Surplus to provide for
appraisal and cleanup necessary to
negotiate the sale of City -owned property
to the U.S. Government in conjunction with
the construction of the Santa Ana River
Mainstem Flood Control; Public Works -
Engineering Fund. (Refer to report with
agenda item F -3(c))
BA -069, $19,132 - Decrease in
Unappropriated Surplus to provide for
replacement of traffic paint truck that was
involved in a traffic accident and damaged
beyond repair; General (Traffic, Signs and
Markings) Fund.
G. ITEMS RENOVED FROM THE CONSENT CALENDAR:
Report from Public Works /Traffic
Engineering concerning proposed resolution
requiring VEHICLES ON BALBOA BOULEVARD TO
STOP at the following intersections: "E"
Street, 10th Street, Island Avenue, 18th
Street, 35th Street,-and 42nd Street; and
direct staff to install high visibility
type crosswalks at all locations crossing
Balboa Boulevard as well as at new
crosswalks to be located at 34th, 35th,
36th, 40th„ 42nd, and 44th Streets. These
crosswalks are to be repainted frequently
to maximize their visibility or installed
with materials of superior longevity and
brightness.
Council Member Turner requested that when
this item is returned to the Council on
June 11, 1990, the staff include a copy of
the Austin -Foust study relative to this
issue.
Volume 44 - Page 192
Apli 90 -132
(25)
Traffic/
Vehicles
Stn Bal B1
CITY OF NEWPORT BEACH
OUNCIL
MEMBERS
A
LL
May 29, 1990
Motion
All Ayes
Motion
All Ayes
•
Motion
All Ayes
•
x
x
MINUTES
Mayor Plummer advised that at the request
of Police Chief Campbell at the study
session this afternoon, it is recommended
this item be deferred until June 11, 1990,
in order that the Chief can meet with the
Traffic Affairs Committee to express his
concerns as to the proposed placement of
the stop signs.
Motion was made to defer action on this
item to June 11, 1990.
Report from the Planning Department
regarding the ANNUAL RENTAL VACANCY RATE
SURVEY AND SUPPLEMENTAL REPORT.
Motion was made to refer this item to the
June 11, 1990 study session.
ORDINANCES FOR ADOPTION:
Proposed ORDINANCE NO. 90 -24, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING A
PORTION OF DISTRICTING MAPS 2, 3, 6,
9, 11, 12, 15, 16, 17, 18, 20, 21,
22, 23, 24, 25, 26, 27, 32, 37, 46,
50 AND 52, TO RECLASSIFY SPECIFIC
LOTS CITYWIDE FROM THEIR CURRENT
ZONES OF C-0-H, C -1 -H, U, U -MHP, R -2,
R -3, R -3 -B, R-3-NIP, R- 3 -SPR, R -4,
SP -6, SP -6 (R -4), SP -6 (R -3), AND SP-
6(R-2) TO MFR, MFR -B, MFR -MHP, MFR -
SPR „ AND SP -6 MFR AND AMENDING THE
CANNERY VILLAGE/MCFADDEN SQUARE
SPECIFIC PLAN (SP -6) TO INCLUDE A
MULTI - FAMILY RESIDENTIAL (MFR) ZONING
DISTRICT, AN R -1 ZONING DISTRICT AND
AMEND THE R -2 ZONING DISTRICT AND
COMMERCIAL DEVELOPMENT STANDARDS OF
SP -6. (Planning Commission Amendment
No. 698)
Recycled report dated May 14, 1990,
from the Planning Department.
Motion was made to adopt Ordinance
No. 90 -24.
Proposed ORDINANCE NO. 90 -26, being,
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
SECTION 14.24.065 OF THE NEWPORT
BEACH MUNICIPAL CODE PROVIDING FOR AN
INCREASE IN THE SEWER USE CHARGE FROM
A BASIC FEE OF $3.55 PER MONTH TO
$3.90 PER MONTH WITH PROPORTIONATE
INCREASES FOR ADDITIONAL UNITS
EFFECTIVE JULY 1, 1990.
Volume 44 - Page 193
Planning/
Rental
Vacancy Rt
(68)
Ord 90 -24
Zoning
(94)
PCA 698
Ord 90 -26
Utilities/
Swr Use Chg
Incr
(89)
�S
CITY OF NEWPORT BEACH
May 29, 1990
MINUTES
Recycled report dated May 14, 1990, from
the Utilities Department.
•
The City Manager advised that the proposed
increase would be used to modify and
remodel 24 sewer lift stations over an
estimated 6 to 10 year period.
Council Member Sansone pointed out the
following information: That the Sewer
Program Reserve Fund needs to be
established now due to two sewer lift
stations on Balboa Island, which are in
need of repair, etc. The sewer use rates
cover three types of users, i.e., hotels,
_
hospitals and residential, and the
Utilities Committee has requested the staff
to investigate as to the "fairness" of
these rates, as it appears there are some
types of users who should not be charged
residential rates. It is hoped by the end
of the year to have a method whereby sewer
usage will be based upon water usage, which
is currently being done in a number of
municipalities throughout the State.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
90 -26.
•
I. CONTINUED BUSINESS:
1. Report from the City Manager dated May 14,
Library/
1990 concerning LAND EXCHANGE AGREEMENT AND
Lnd Exchg
TRANSFER AGREEMENT FOR CENTRAL LIBRARY.
& Tsfr Agms
(50)
Report from City Attorney.
The City Manager advised that the Library
Exchange Agreement has been slightly
modified since the last Council meeting,
and inasmuch as Council Member Strauss is
not in attendance, he thought some Council
Members may wish to defer action on this
item to June 11, 1990.
The City Attorney and City Manager briefly
outlined the minor changes in the Exchange
Agreement as a result of the May 14 City
Council meeting, following which Debbie
Allen, 1021 White Sails Way, addressed the
Council and discussed with staff her
concerns regarding the Library land swap.
Dave Dmohowski of The Irvine Company,
addressed the Council in response to
question raised by Council member Watt, and
stated that the sole and absolute
discretion has to do with whether or not
the square footage gets transferred, and
what happens to the square footage once it
lands on any particular site. This square
Volume 44 - Page 194
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
A
May 29, 1990
footage is then subject to the normal City
review process as far as zoning, parcel
map, including conditions which may come
out of any traffic study. In essence, the
City's discretion isn't really limited once
the square footage lands somewhere;
however, The Irvine Company would like to
have the ability to say "yes or no," as to
where it would go.
Motion x Following comments by Council Member Watt,
All Ayes motion was made to defer action to June 11,
1990, on items I -1, (Land Exchange and
Transfer Agreements for the Central
Library) I -2, and I -3 below:
2. Report dated May 14, 1990 from the Public Library
Works Department concerning CENTRAL LIBRARY (50)
ARCHITECTURAL AGREEMENT with Simon Martin-
Vague Winkelstein.
3. BA -064 for $827,730 - To provide fees for Library
ARCHITECTURAL AGREEMENT /CENTRAL LIBRARY. (50)
4. Proposed resolution with report from City
Librarain, dated May 14, 1990, concerning
GRANT FROM THE CALIFORNIA STATE LIBRARY FOR
THE NEW CENTRAL LIBRARY.
Motion x Motion was made to adopt Resolution No. Res 90 -50
yes 90 -50 authorizing the City Manager to APPLY
FOR A GRANT FROM THE CALIFORNIA STATE
LIBRARY FOR LIBRARY . SERVICES AND
CONSTRUCTION ACT TITLE II FUNDS IN THE
AMOUNT OF $1,000,000, FOR THE NEW CENTRAL
LIBRARY.
J. CURRENT BUSINESS:
1. Report from Planning Department concerning EIR /Corp
ENVIRONMENTAL DOCUMENT FOR THE CORPORATE Plaza Strm
PLAZA STORM DRAIN PROJECT. Drn /Plug
(68)
Motion x Motion was made to defer action on this
All Ayes item to June 11, 1990, as requested by The
Irvine Company and the homeowners
association in the subject area.
Meeting adjourned at 9:55 p.m.
tk 7Y * fF 7k Ye W 7k Yt Yt tY tY
The agenda for this meeting was posted on
May 10, 1990 at 8:05 a.m., on the City Hall
Bulletin Board located outside of the City
of Newport Beach Administration Building.
Mayor
ATTE T:
City Clerk Sc
Volume 44 - Page 195