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Home My WebLink About06/11/1990 - Regular MeetingCITY OF NEWPORT BEACH y9f REGULAR COUNCIL MEETING PLACE: Council Chambers \C TIME: 7:00 P.M. LL DATE: June 11, 1990 *sent x x Motion All Ayes Motion All Ayes • Motion All Ayei 0 x x x x x x x x MINUTES Bill Morris of the Environmental Quality Affairs Citizens Advisory Committee presented Certificates of Appreciation to the ANNUAL LITTER POSTER CONTEST WINNERS. IA. ROLL CALL. B. Reading of Minutes of Meeting of May 29, 1990, was waived, approved as written, and order 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 regarding PLANNING COMMISSION AMENDMENT NO. 710 - A request by THE BALDWIN COMPANY TO AMEND THE CORPORATE PLAZA PLANNED COMMUNITY DEVELOPMENT PLAN so as to raise the approved pad elevation on Site No. 8 from Elevation 126 to Elevation 128. Report from the Planning Department. Mary Ann Gutierrez of the Baldwin Company, addressed the Council and stated she was available for questions. Hearings no comments or others wishing to address the Council, the public hearing was closed. PCA 710 (94) Motion was made to approve the project as Res 90 -51 recommended by the Planning Commission, and adopt Resolution No. 90 -51, approving Planning Commission Amendment No. 710 to the Corporate Plaza Planned Community Development Plan. 2. Mayor Plummer opened the public hearing Office regarding adoption of resolutions approving Polce Tow rate increases for the OFFICIAL POLICE (70) TOWING SERVICES. Report from the Business License Supervisor. It was noted that both G & W Towing and Harbor Towing, the two official Police tow companies, have submitted requests to increase the rates charged for both their official Police tow and private towing operations from $58.00 to $61.00. Rate increases were most recently approved for both companies in June 1989. Volume 44 - Page 196 `l • Motion All Ayes x • 0 i MINUTES 11, 1990 Representatives of G & W Towing and Harbor fficial Towing, addressed the Council and stated olice Tow they were available for questions. Hearing no comments or others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution Res 90 -52 & No. 90 -52, approving rate increase for G & Res 90 -53 W Towing, Inc.; and Resolution No. 90 -53, approving rate increase for Harbor Towing. Mayor Plummer opened the public hearing to '90 -91 FY consider PRELIMINARY BUDGET FOR THE FISCAL Budget YEAR 1990 -91. (40) Checklist of Budget Items. The City Manager presented the Preliminary Budget in the amount of $96,195,000; suggested the Council straw vote the Checklist items, and direct staff to prepare a resolution formally adopting the 1990 -91 budget for June 25 City Council meeting. The following persons addressed the Council in support of the Newport Harbor Art Museum's request for funding of $35,000, indicating they felt the recommendation of the Arts Commission to allocate only $7,000 was too low and that the Council should give their request reconsideration: Peter G. Leider, 704 Larkspur Avenue Susan Porter, #1 Burning Tree Road James V. Selna, 239 Milford Drive Harriet Selna, 239 Milford Drive Mayor Plummer noted as a point of information for those in attendance, that the City Council pursuant to previous action, had set aside only $55,000 for Cultural and Arts, and if the request for the Art Museum were granted, there would be very little funding left to divide among the other various organizations. However, if the Council is desirous of expanding the $55,000 allocation, then possibly this issue should be referred to the Budget Committee. Council Member Turner suggested that in lieu of allocating additional funding for the Arts Museum over and above the recommended $7,000, consideration be given to possibly waiving a portion or all of the permit fees connected with the construction of the Art: Museum. Volume 44 - Page 197 �*_Nl • Motion Motion Motion Ayes x x Noes • 49ion CITY OF NEWPORT BEACH x MINUTES June 11, 1990 The City Manager stated that as an '90 -91 FY estimated guess, the permit fees could Budget amount to between $12,000 and $15,000. Hearing no others wishing to address the Council, the public hearing was closed. Following discussion, motion was made to allocate $15,000 to the Newport Harbor Art Museum. Substitute motion was made to allocate I $33,000 to the Newport Harbor Art Museum. A second substitute motion was made to approve the Cultural and Arts budget in the amounts recommended by the Arts Commission, which motion carried as follows: Baroque Musical Festival $3,000 4 Corona del Mar Concerts: 2 at St. Michaels 2 at Sherman Gardens Newport Harbor Art Museum $7,000 $2,000 - Family Day $5,000 - Partners Program Newport Nautical Museum $6,225 Development of Public Interest Video detailing the growth of Newport Beach Newport Theatre Arts $3,500 Twelfth season - 7 shows Senior Citizen Development Ballet Pacifica $4,750 Nutcracker - 6th grade children performance Opera Pacific $10,000 Children's Performances Mentally Gifted Programs Substance Abuse Program Orange County Philharmonic $12,025 South Coast Symphony- Educational $2,500 programs for children, service 300,000 children South Coast Repertory $6,000 Educational programs for children in Newport Beach In view of the foregoing, motion was made to add an additional $26,000 to the Newport Harbor Art Museum allocation. Volume 44 - Page 198 x x x x x x x x x MINUTES June 11, 1990 The City Manager stated that as an '90 -91 FY estimated guess, the permit fees could Budget amount to between $12,000 and $15,000. Hearing no others wishing to address the Council, the public hearing was closed. Following discussion, motion was made to allocate $15,000 to the Newport Harbor Art Museum. Substitute motion was made to allocate I $33,000 to the Newport Harbor Art Museum. A second substitute motion was made to approve the Cultural and Arts budget in the amounts recommended by the Arts Commission, which motion carried as follows: Baroque Musical Festival $3,000 4 Corona del Mar Concerts: 2 at St. Michaels 2 at Sherman Gardens Newport Harbor Art Museum $7,000 $2,000 - Family Day $5,000 - Partners Program Newport Nautical Museum $6,225 Development of Public Interest Video detailing the growth of Newport Beach Newport Theatre Arts $3,500 Twelfth season - 7 shows Senior Citizen Development Ballet Pacifica $4,750 Nutcracker - 6th grade children performance Opera Pacific $10,000 Children's Performances Mentally Gifted Programs Substance Abuse Program Orange County Philharmonic $12,025 South Coast Symphony- Educational $2,500 programs for children, service 300,000 children South Coast Repertory $6,000 Educational programs for children in Newport Beach In view of the foregoing, motion was made to add an additional $26,000 to the Newport Harbor Art Museum allocation. Volume 44 - Page 198 Motion is Motion Ayes x x Noes x Ayes Noes �x Ix Ix Ix xl x1 x Ayes x Noes • Ayes x Noes All Ayes All Ayes All Ayes All Ayes • Ix lxlxlxlx X X Ix Ix I xIx Ix MINUTES June 11, 1990 Substitute motion was made to refer the subject of the annual Cultural and Arts allocation (presently at $55,000), to the Budget Committee to determine if said amount should be increased. A second substitute motion was made to add an additional $8,000 to the Newport Harbor Art Museum allocation, which motion carried. The City Council continued with the Checklist items and took the following actions: Finance Approved one License Inspector Health & Life Insurance Workers' Compensation & Unemployment Insurance Retirement 2 -door Sedan Police- Patrol $26,615 4,150 400 3,535 10,000 Denied request for Helicopter $60,000 Emergency Flotation, but approved funding towards Helicopter Infrared Scope as suggested by Council Member Sansone Planning, Increased Planning Commissioner's Compensation from $50 per meeting to $60 per meeting Denied request for Color Copy $60,000 Machine Carry -Over. Projects * Approved in the amount of $3,828,410 New Proiec;ts * Approved in the amount of $769,500 Transfer Funds - McFadden Square Street Improvements * Approved in the amount of $415,000 * (Refer to Public Works Department Report dated June 11, 1990 -Study Session Item No. 2, for details of the items enumerated above) Volume 44 - Page 199 '90 -91 FY IIIII Ayes Noes �x Ix Ix Ix xl x1 x Ayes x Noes • Ayes x Noes All Ayes All Ayes All Ayes All Ayes • Ix lxlxlxlx X X Ix Ix I xIx Ix MINUTES June 11, 1990 Substitute motion was made to refer the subject of the annual Cultural and Arts allocation (presently at $55,000), to the Budget Committee to determine if said amount should be increased. A second substitute motion was made to add an additional $8,000 to the Newport Harbor Art Museum allocation, which motion carried. The City Council continued with the Checklist items and took the following actions: Finance Approved one License Inspector Health & Life Insurance Workers' Compensation & Unemployment Insurance Retirement 2 -door Sedan Police- Patrol $26,615 4,150 400 3,535 10,000 Denied request for Helicopter $60,000 Emergency Flotation, but approved funding towards Helicopter Infrared Scope as suggested by Council Member Sansone Planning, Increased Planning Commissioner's Compensation from $50 per meeting to $60 per meeting Denied request for Color Copy $60,000 Machine Carry -Over. Projects * Approved in the amount of $3,828,410 New Proiec;ts * Approved in the amount of $769,500 Transfer Funds - McFadden Square Street Improvements * Approved in the amount of $415,000 * (Refer to Public Works Department Report dated June 11, 1990 -Study Session Item No. 2, for details of the items enumerated above) Volume 44 - Page 199 '90 -91 FY • Motion All Ayes ix MINUTES June 11, 1990 There being no objections, the staff was 1'90 -91 FY directed to prepare a resolution formally Budget adopting the Fiscal Year 1990 -91 Budget. PUBLIC COMMENTS: None. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR None. 2. RESOLUTIONS FOR ADOPTION: None. 3. CONTRACTS /AGREEMENTS: (a) Approve Agreement with Orange County Water Line Flood Control District on COST Relocation/ SNARING FOR RELOCATION OF WATER LINE Santa Ana CROSSING SANTA ANA RIVER; and River authorize the Mayor and City Clerk to C -2655 execute subject agreement. (Report (38) from the Public Works Department) (b) Approve PUBLIC WORKS MUTUAL AID Pub Wks AGREEMENT between Cities and Counties Mutual Aid/ to repair major infrastructure damage Earthquake following a MAJOR EARTHQUAKE OR or Disaster DISASTER. (Report from Executive C -2822 Assistant) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works Department for response, letter with signatures from residents in the vicinity of 601 Acacia Avenue, Corona del Mar in favor of request for permit to cover ENCROACHMENT OF FOUR BRICK PILASTERS 8" OVER SETBACK LINE - ROBERT HUTCHISON PROPERTY. (b) To Business License Supervisor for response, request from Attorney representing Won Im An for APPEAL HEARING DATE AND RESPECTIVE DOCUMENTATION REGARDING DENIAL OF MASSAGE TECHNICIAN APPLICATION BY THE CITY. Volume 44 - Page 200 PW (74) Bus Lie (27) • • • MINUTES June 11, 1990 (c) To Planning Department for reply, Ian letter from Dorothy M. Xloeckmer (68) concerned about building under construction on Morning Canyon Avenue, Corona Highlands, alleging it is OVER HEIGHT LIMIT ALLOWED. (d) To Planning Department for reply, request from Cindy A. Mansfield from decision requiring her to apply for CONDITIONAL USE PERMIT for her dance studio business at 1721 Westcliff Drive. (e) To staff for response, letter from E. Airport P. Benson requesting development by (54) City and County of an ordinance similar to LAX concerning gradual phase -out of so- called STAGE II AIRCRAFT by the year 2000. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Allstate Insurance /insured Barbara J. Flanagan for property damage to vehicle after failed burglary attempt on February 1, 1990, at 4910 Birch, wherein Police Officer was dragged outside of getaway car (allegedly stolen) driven by suspects. (b) American Home Products seeking indemnity from claims filed as a result of traffic collision (Ted Carnak and Stephen Love) at Pacific Coast Highway and Jamboree Road on December 10, 1989. (c) Sandra H. Anderson alleging personal injuries as a result of trip and fall on raised sidewalk at 1349 Galaxy on December 25, 1989. (d) Tami Lynette Johnson alleging she was passenger in automobile which was rear -ended by City Refuse Truck on MacArthur Boulevard and Pacific Coast Highway on April 28, 1990. (a) Mark J. Mazzulla alleging metal gate was damaged at 1618 -B West Ocean Front on May 4, 1990 by contractor working for City replacing boardwalk. Volume 44 -. Page 20L Product • 0 • • MINUTES June 11, 1990 (f) Pacific Bell alleging their underground cable was damaged by bore (wet) motor while placing conduit for street signal at Pacific Coast Highway and Jamboree Road on December 11, 1989, as a result of work being done by Griffith Company for the City. is Bell (g) Jeffrey Steiler alleging personal ISteiler injuries as a result of motor oil spread over street at 19th near intersection of Balboa Boulevard on December 29, 1989. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. S. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Police Officer, Police Department. (b) One Storekeeper, Finance Department. (c) One Buyer, Finance Department. (d) One Secretary, Police Department, Traffic Division. (e) One Parking Control Officer, Police Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from the City Attorney regarding a REQUEST TO AMEND THE NEWPORT DUNES SETTLEMENT AGREEMENT (CONTRACT NO. 2394) to permit construction of Marina Amenity Facilities. (b) Report from the City Manager recommending APPOINTMENT OF J. M. REED, FIRE CHIEF, TO REPRESENT THE CITY ON THE BOARD OF DIRECTORS FOR THE ORANGE. COUNTY -CITY HAZARDOUS MATERIALS EMERGENCY RESPONSE JOINT POWERS AUTHORITY; AND APPOINT TOM ARNOLD, DEPUTY CHIEF, AS THE ALTERNATE MEMBER. Volume 44 - Page 202 (66) Newport (38) (41 S, • • • CITY OF NEWPORT BEACH June 11. 1990 MINUTES (c) Report from Newport Beach BOARD OF LIBRARY TRUSTEES recommending acceptance of gift of $500 from The Irvine Company in support of the 70th Anniversary Celebration - The Celebration Walk, June 3, 1990. For Council information and filing: (d) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - June 25, 1990: (a) APPEAL OF MR. AND MRS. YASUI, from Modi the decision of the Planning 3688 Commission on May 24, 1990, for (94) MODIFICATION NO. 3688, on property located at 345 Cameo Shores Road. 11. RESUBDIVISION NO. 881 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 881 on property located at 3233 Broad Street, between Balsa and Westminster Avenues, in Newport Heights; and authorize the Mayor and City Clerk to execute subject agreement. (Report from the Public Works Department) 12. VARIANCE N'0. 1148 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Variance No. 1148 for Haseko, Inc., located at 3127 West Coast Highway, in Mariners Mile; and authorize the City Clerk to release the Faithful Performance Surety (Certificate of Deposit No. 90 001008) and Labor and Materials Surety (Certificate of Deposit No. 90 001009) in six months provided no claims have been filed. (Report from the Public Works Department) 13. Removed from the Consent Calendar. 14. HARBOR PERMIT APPLICATION 221 -2912 - Uphold staff's recommendation to approve the application of Russ Fluter to construct a new pier and float bayward of 2912 Lafayette, subject to conditions listed in the staff report. (Report from the Marine Department) Volume 44 - Page 203 (84) (91) (51) 881 Permit • Motion All Ayes Motion 4 Ayes x CITY OF NEWPORT BEACH ix MINUTES June 11, 1990 SPECIAL EVENT APPLICATION NO. 90 -181 - Uphold staff's recommendation to approve subject application for temporary street closure of Via Oporto for AMERICAN OCEANS' CAMPAIGN, for their Environmental Festival on June 24, 1990 from 11:00 a.m. - 6:00 p.m.; subject to conditions listed in the staff report. (Report from Business License Supervisor) 16. Request to INITIATE LOCAL COASTAL PLAN AMENDMENT NO. 23, Establishing A Policy Regarding PRIVATE OCEAN FRONT ENCROACHMENTS ONTO PUBLIC PROPERTY - Uphold staff's recommendation to sustain the recommendation of the Planning Commission to initiate Local Coastal Plan Amendment No. 23, and direct staff to proceed with the preparation of any necessary documents and set for public hearing before the Planning Commission. (Report from Planning Department) Special Event (65) Local Coast Plan (68) 17. BUDGET AMENDMENTS - For approval: 1(25) Removed from the Consent Calendar. BA -071, $500 Appropriations provide for Relations; Contributions F -9(c)) - Increase in Budget and Revenue Estimates to Advertising and Public Library- Donations and Fund. (Refer to agenda item IG. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report to the City Manager regarding Plan ACTIONS TAKEN BY THE PLANNING COMMISSION ON (68) MAY 24, 1990. Motion was made to schedule public hearing on June 25, 1990 for Use Permit No. 3379, Site Plan Review No. 58, and Resubdivision No. 924, :227 20th Street, and to receive and file the remaining actions. 2. BA -070, $38,000 Decrease in BA -070 Unappropriated Surplus and Increase in (25) Budget Appropriations to provide for installation and upgrading existing crosswalks, along Balboa Boulevard; General Fund. (Refer to agenda item I -1) Motion was made to receive and file the above budget amendment as it will be addressed with Agenda Item No. I -1 later in the meeting. Volume 44 - Page 204 �Sl • Motion All Ayes • Motion All Ayes x x CITY OF NEWPORT BEACH MINUTES June 11, 1990 3. REQUEST OF WILLIAM W. BROWN FOR APPROVAL OF Encr DRIVEWAY at 127 Crystal Avenue on the basis (65) that an existing fence on the opposite side of the alley prevents full alley access to the property. (Report from the Public Works Department) Robert McCarthy, representing William W. Brown, addressed the Council in support of the request for a driveway at the subject location, stating the applicant has always had a driveway off Park Avenue and if the driveway were to be off the alley, it would prevent full alley access to the property as well as "very tight turning" access. Motion was made to approve the recommendation of the Public Works Department and grant the subject request. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 90 -28, being, AN ORDINANCE OF THE CITY 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 THAT AREA KNOWN AS NEWPORT TOWNHOMES TO THE METHANE GAS HAZARD MITIGATION ZONE. Recycled report dated May 29, 1990 from the Utilities Department. Motion was made to adopt Ordinance No 90 -28. 2. Proposed ORDINANCE NO. 90 -29, being, Methane Gas !litigation (89) Ord 90 -28 Ord 90 -29 AN ORDINANCE OF THE CITY COUNCIL OF Harbor Regs THE CITY OF NEWPORT BEACH AMENDING (51) THE PROVISIONS OF CHAPTER 17.30 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TAR EXEMPT VESSELS. Recycled report dated May 29, 1990 from the City Attorney. The City Attorney noted that the proposed minor amendment to the Pumpout Station Ordinance would facilitate marine education charters without adversely affecting water quality in the Bay. The revised ordinance would allow tax exempt organizations to use facilities not equipped with pumpout stations (such as the Sea Scout Base) Volume 44 - Page 205 CITY OF NEWPORT BEACH CALL \r \ N� V \ 'V \ \ June 11, 1990 Motion x Motion x Ayes x x x x x Noes x x • 0 MINUTES provided they are engaged in tax exempt activities, pursuant to a marine charter permit which specifies the manner in which waste is to be discharged. It is therefore recommended that the City Council introduce, and pass to second reading, an ordinance that would allow tax exempt organizations to use facilities not equipped with pumpout stations subject to certain conditions. Following discussion, motion was made to adopt Ordinance No. 90 -29. Substitute motion was made to refer the subject ordinance to the Harbor Quality Committee for review and report back. At the request of Council Member Sansone, the City Attorney stated he would verify with the License Supervisor that it is the City's practice in issuing Marine Charter Permits to not issue permits if the boat is equipped with a Y- valve. I. CONTINUED BUSINESS: Regs 1. Report from Public Works- Traffic Veh Stop/ Engineering regarding proposed resolution lBalboa Blvd requiring VEHICLES ON BALBOA BOULEVARD TO (85) STOP AT CERTAIN INTERSECTIONS. Report from Police Chief to City Manager. The City Clerk reported after the printing of the agenda, five letters were received in opposition to the proposed stop signs from the following: 1) Balboa Improvement Association 2) Pete Bryan, 421 Tustin Avenue 3) Curt Herberts, no address given 4) Richard P. Booth, 1513 E. Bay Avenue 5) Shirley G. Sheppard, 1750 Miramar Drive It was recommended by the Balboa Boulevard Consensus Committee that the City Council approve the following: 1. Adopt a resolution requiring vehicles on Balboa Boulevard to stop at the following intersections on a six month trial basis: A. "G" Street B. 10th Street C. Island Avenue D. 18th Street E. 35th Street F. 42nd Street Volume 44 - Page 206 LL • • • CITY OF NEWPORT BEACH MINUTES June 11, 1990 2. Direct staff to install high Veh Stop/ visibility type crosswalks at all Balboa Blvd 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 with superior longevity and brightness. 3. Approve a budget amendment for $38,000 for the installation of high visibility crosswalks on Balboa Boulevard using long - lasting material. It was recommended by the Police Chief that no additional stop signs be placed on Balboa Boulevard on the peninsula for the reasons enumerated in his report. It was also noted in the report that the Chief has no personal recommendation regarding flashing beacons or high visibility crosswalks. Discussion ensued wherein Mayor Plummer pointed out that the residents of West Newport have been trying to get some type of "relief" in terms of traffic control on Balboa Boulevard for over two years, and that the recommendation of Austin - Foust, Traffic Consultants, was a "big" disappointment to those residents, in that the study did not recommend stop signs, as it was felt the signs would create too much traffic congestion and invite too many violations during non -peak hours. The following persons addressed the Council in support of the proposal for stop signs and crosswalks on Balboa Boulevard as recommended by the Balboa Boulevard Consensus Committee: Dana Pettit, President, Balboa Peninsula Point Association (submitted petition with 55 signatures) Warner Escher, 205 40th Street Bob Rossen, 216 36th Street Rick Richardson, 206 39th Street Bud Chapman, 116 26th Street Ross Blandi, 123 36th Street Mike Gordon, 210 36th Street Willis Cassesso, 304 35th Street Cindy L. Chavez, 303 -1/2 35th Street Robert S. Gardner, 823 W. Balboa Boulevard. Volume 44 - Page 207 ICIL *X Is on Motion Motion Ayes x Noes x Ayes Noes x x Ix x x x x 0 x x x x Motion All Ayes CITY OF NEWPORT BEACH MINUTES June 11, 1990 It was indicated by the above speakers that stop signs were needed in the area to assist pedestrians crossing the street and to cut down on speeding. It was also emphasized that more police enforcement is needed on Balboa Boulevard in the West Newport area. The following persons addressed the Council in oRoosition to placing additional stop signs on Balboa Boulevard: Richard Voit, resident on the Peninsula Charles Bauman, President, Balboa Improvement Association John P. Cotton, 2123 Granada Avenue Wayne Sims, 2000 Miramar Gary Hill, no address given Tim Collins, 412 Belvue Lane Elaine Linhoff, 1760 E. Ocean Blvd. Terry Andres, no address given John Ernst, 2109 Miramar It was felt by the above speakers that additional stop signs would "gridlock" traffic on Balboa Boulevard and hinder traffic flow, and as a result, Bay Avenue would become a freeway. x Following consideration of, this matter, motion was made to disallow the recommendation for six additional stop signs on Balboa Boulevard, but to approve the request for six high visibility type crosswalks at the locations, with an evaluation to be made in 6 months. Substitute motion was made to accept the report of the Balboa Boulevard Consensus Committee for six additional stop signs and six additional crosswalks at the recommended locations for a trial period of six months. x A second substitute motion was made to x approve the request for six additional x x crosswalks, but to only approve stop signs at 35th and 42nd Streets, which motion FAILED. In view of the foregoing, Mayor Plummer's x x x motion was voted on and FAILED. x x x As a result of the above action, Council Member Strauss's motion was voted on and carried. x Motion was made to adopt Budget Amendment 070 in the amount of $38,000 to provide for installation and upgrading existing crosswalks along Balboa Boulevard. Volume 44 - Page 208 stop/ oa Blvd R 0 CITY OF NEWPORT BEACH G,p 4 s 9 �Gt LL June 11, 1990 Motion All Ayes x MINUTES 2. Report from the City Manager dated May 14, Cent 1990 concerning LAND EXCHANGE AND TRANSFER Libr AGREEMENTS FOR CENTRAL LIBRARY. (50) Report from City Attorney regarding IC -2823 amendments to the proposed new Central (38) Library Exchange Agreement. The City Attorney summarized his report, noting four basic changes relative to 1) Civic Plaza development approvals, 2) Newport Village development approvals, 3) Subdivision Maps, and 4) Power of Termination. During discussion it was indicated that as a result of the Traffic Model Study completed by The Irvine Company, there will not be a TPO override for Newport Village/ Corporate Plaza. Following comments, motion approve the Land Exchange Agreements, as amended; and Mayor and City Clerk to Agreements, subject to re Counsel. was made to and Transfer authorize the execute said view of Bond Dave Dhomoski of The Irvine Company, addressed the Council and expressed appreciation to the City Manager, City Attorney, Planning and Public Works Directors, and their staff for their assistance on this matter. 3. Recycled report dated May 14, 1990 from the ICent Public Works Department concerning CENTRAL ILibr LIBRARY ARCHITECTURAL AGREEMENT with Simon (50) Martin -Vegue Winkelstein. The Public Works Director summarized his report, noting that the agreement provides for the architectural service to be furnished in the following phases: 1) Schematic Design 2) Design Development 3) Construction Documents 4) Construction It was pointed out that if the cost estimates that are required during the Schematic Design or Design Development phases or the bid that is received at the conclusion of the construction document phase exceeds the $7,000,000 budget, then the architect will be required to redesign the project and /or revise the construction documents as necessary to conform the project to the budget without any increase in fees. In addition, City Council Volume 44 - Page 209 C -2778 (38) CITY OF NEWPORT BEACH MINUTES June 11, 1990 approval will be required for preliminary Library designs and accompany cost estimates, as well as at. the completion of the design development phase. The total design phase • is estimated to take approximately 17 months, with the construction phase to take approximately 16 additional months. The fees are as enumerated in his report, with project management to be provided separately by Donald Simpson. Motion x Motion was made to approve said Agreement All Ayes and authorize the Mayor and City Clerk to execute. 4. BA -064 for $827,730 - To provide fees for Central ARCHITECTURAL AGREEMENT /CENTRAL LIBRARY. Library Motion x Motion was made to approve BA -064. All Ayes 5. Report from Planning Department concerning Corporate ENVIRONMENTAL DOCUMENT FOR THE CORPORATE Plaza Storm PLAZA STORM DRAIN PROJECT. Drain (74) The Public. Works Director advised that a request had been received from The Irvine Company and Attorney Barry Ross, representing property owners in the area, to continue this item for two weeks in as much as an agreement is being negotiated • between the The Irvine Company and the property owners relative to conditions at the end of the storm drain. He noted that the Coastal Permit cannot be applied for until the subject Environmental Document is certified, and he therefore urged the parties to consummate their agreement as soon as possible. Barry Ross, Attorney representing Dave Hook, 1617 Bayside Drive, addressed the Council in support of continuing this item to June 25, 1990 in order that his client and The Irvine Company can "work out their differences." In response to question raised by Council Member Sansone, the Public Works Director stated that the new storm drain parallels the existing storm drain and connects to the existing drain immediately adjacent to Bayside Drive. There will not be an alteration either in the point of discharge of the drain, nor is there an alteration in • the drainage basin which is tributary to the storm drain system. He and the staff are also satisfied with the Environmental Document and feel it is appropriate on that basis. Volume 44 - Page 210 • Motion All Ayes CITY OF NEWPORT BEACH x MINUTES June 11, 1990 Mr. Ross stated that he and his client felt there are two primary areas where the project may have a significant effect on his client's property, as they believe there will be increased pollution, and an increased level of siltation in the bay from the modified storm drain. The City Attorney noted that there is no increase in size of the drainage area. In response to question raised as to why a new storm drain is needed, the Public Works Director advised that the existing drain was constructed a number of years ago in accordance with Orange County Flood Control District design criteria at the time, and subsequent to that time their drainage manual has been revised and their requirements are more conservative. Following discussion, motion was made to certify the subject Environmental Document, and approve the Findings and Condition listed below: Findings: 1. That an Initial Study has been prepared for the project in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines and City Policy. 2. That based upon the information contained in the Initial Study, comments received, and related documents, there is no substantial evidence the project may have a significant effect on the environment. A Negative Declaration has, therefore, been prepared. 3. That the information contained in the environmental document has been considered in the decision on the project. Condition: 1. That the mitigation measures identified in the Initial Study be complied with, and that a monitoring report be submitted by the applicant to the City of Newport Beach within 90 days of completion of the project, verifying compliance with all mitigation measures. Volume 44 - Page 211 laze Storm COUNCIL A\S�k u • Motion All Ayes 46 A Ayes x x CITY OF NEWPORT BEACH MINUTES June 11, 1990 J. CURRENT BUSINESS: 1. NOMINATIONS TO BOARDS AND COMMISSIONS FROM APPOINTMENTS COMMITTEE (FOR APPOINTMENT ON JUNE 25, 1990). Council Member Strauss, Chairman of the appointments Committee, reported the following nominations: BOARD OF LIBRARY TRUSTEES 1. Jean Kiger AND Sally Schroeder (Seat now held by Jean Kiger) ARTS COMMISSION 1. Patricia Lillegraven AND Roya Fouladi (Seat now vacant) CIVIL SERVICE BOARD (Council Nominee) 1. Albert Graham AND Paula Godfrey (Seat now held by Albert Graham) PARRS. BEACHES & RECREATION 1. Virginia Herberts AND Chanceford Mounce (Seat now held by Virginia Herberts) 2. Phillip Glasgow AND Cherie Hart (Seat now held by John Konwiser) PLANNING COMMISSION 1. Jerry Cobb AND Barry Gross (Seat now held by Harry Merrill) Council Member Cox nominated John Konwiser to the Parks, Beaches & Recreation Commission, to be considered with nominees Glasgow and Hart, and also nominated Harry Merrill to the Planning Commission. Motion was made to accept the above nominations. Motion was made to adjourn to 1:00 p.m., June 25, 1990 to meet in closed session. Meeting adjourned at 10:35 p.m. Volume 44 - Page 212 Arts Civil Sery PB &R ICIL MEMBERS • • 10 CITY OF NEWPORT BEACH MINUTES 11, 1990 The agenda for this meeting was posted on June 7, 1990 at 8:05 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. AA C Mayor Volume 44 - Page 213