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Home My WebLink About02/11/1991 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES REGULAR COUNCIL MEETING '�,i_��.� PLACES Council Chambers S .t�yfiQyr_` TIMES 7:00 P.M. ROLL C DATE: February 11, 1991 INDEX Mayor Sansone welcomed the Japanese Delegation, visiting from Newport Beach's Sister City, Okazaki, Japan, and ,thereafter, Wendell Fish introduced the Essay Contest Winners, from Japan who were invited to visit Newport Beach. Mayor Sansone asked that the Japanese Delegation express his thanks to Mayor Nakane on behalf of the City Council for the Golden Ram Statuette that will be displayed in the City Council Lobby. Mayor Sansone presented a Proclamation designating week of March 10, 1991 as "OLDER WORKER WEER" in Newport Beach to Pat Krone, who accepted it for the Older Worker Network of Orange County. Mayor Sansone presented a Proclamation declaring February 15, 1991 as "LITERACY AWARENESS DAY" to Marcia Hendricks, Newport Beach Library ` Literacy Coordinator, and Bill Lobdell, Editor, Orange Coast Daily Pilot (sponsor of the Orange Coast Literacy Spelling Bee). Present x x x X x x A. ROLL CALL. Absent x n B. Reading of Minutes of Meeting of ined x January 28, 1991, was waived, approved as !� X x x x x 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: None. E. PUBLIC COMMENTS: Council Member Hedges addressed his remarks City to the item on tonight's Consent Calendar, Employees/ whereby City employees who are reservists, Reservists and who are called to duty in the Persian Gulf, are to receive the difference in income, between military pay and City pay for up to six (6) months for service in "Desert Shield /Desert Storm." He commended , the City staff and Council Members who worked so diligently towards a resolution for adoption. Volume 45 - Paae 36 Motion All Ayes • • ATM ,: 3 X CITY OF NEWP0RT BEACH MINUTES February 11, 1991 F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to 2nd reading on February 25, 1991: (a) Proposed ORDINANCE NO. 91 -5, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 14.30 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FOOD ESTABLISHMENT GREASE DISPOSAL AND THE INSTALLATION AND MAINTENANCE OF GREASE INTERCEPTORS. [Report from the Utilities Director] (b) Proposed ORDINANCE NO. 91 -6, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 6.04.070 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SCAVENGING RECYCLABLES ON PRIVATE PROPERTY. (Report from the City Attorney and Police Chief] Schedule for public hearing on February 25, 1991: (c) Proposed ORDINANCE NO. 91 -7, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH A 10 FOOT FRONT YARD SETBACK ALONG THE WEST OCEAN FRONT FRONTAGE OF THE SUBJECT PROPERTY (PLANNING COMMISSION AMENDMENT NO. 720). (Report from the Planning Department] (d) Proposed ORDINANCE NO..91 -8, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REQUIRE A PUBLIC Volume 45 - Page 37 Ord 91 -5 Water /Sewer Utilities (89) Ord 91 -6 Health /San= tation General Se, (44) Ord 91 -7 Zoning (94) PCA 720 Ord 91 -8 Zoning (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES L \ February 11, 1991 ROL\ L U-. _' Volume 45 - Page 38 HEARING FOR THE ESTABLISHMENT OF GRADE AND TO ESTABLISH APPROPRIATE APPLICATION PROCEDURES FOR THE CONSIDERATION OF SUCH A • REQUEST (PLANNING COMMISSION PCA 722 AMENDMENT NO. 722). (Report from the Planning Department] (e) Proposed ORDINANCE NO. 91 -9, being, Ord 91 -9 Zoning AN ORDINANCE OF THE CITY (94) COUNCIL OF THE CITY OF NEWPORT BEACH AN END ING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ALLOW THE ENCLOSURE ' OF COMMERCIAL PARKING SPACES DURING NONBUSINESS HOURS (PLANNING COMMISSION AMENDMENT PCA 724 . NO. 726). [Report from the Planning Department] (f) Proposed ORDINANCE NO. 91 -10, being, Ord 91 -10 Zoning AN ORDINANCE OF THE CITY (94) COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE . SO AS TO ALLOW THE INCREASED • HEIGHT OF CHIMNEYS (PLANNING PCA 725 COMMISSION AMENDMENT NO. 729). (Report from the Planning Department] 2. RESOLUTIONS FOR ADOPTIONS (a) Resolution No. 91 -19 establishing Environmen FILING FEES FOR ENVIRONMENTAL al Doc /Fee DOCUMENTS to defray the costs of the Planning California Department of Fish and Res 91 -15 Game filing fees. (Report from the (68) .Planning Department] (b) Resolution No. 91 -16 regarding the Personnel/ SUPPLEMENTAL PAY FOR RESERVISTS Reserve Pa CALLED TO DUTY IN THE PERSIAN GULF. Differentl (Report from the Personnel Director] Res 91 -16 (66) 3. CONTRACTS /AGREEM BUT 83 (a) Approve Agreement (a) between the City CNB /IRWD and the IRVINE RANCH WATER DISTRICT Cameo 8hrs • (IRWD) FOR CONSTRUCTION, OPERATING Hghlnds Wt AND FUNDING OF AN EMERGENCY WATER Intercnt/ ' INTERCONNECT in Cameo Shores; TWO Recnstr ' SEWER INTERCONNECTIONS; one in Cameo C -2852 Highlands and one in Cameo Shores and (38) for RECONSTRUCTION OF THE CITY'S WASTEWATER LIFT STATION. (Report from the Utilities Department) Volume 45 - Page 38 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES RCM \ \WW \\ February 11, 1991 5111 Volume 45 - Page 39 (b) Approve a Lease Agreement with the OCWD /Lease ORANGE COUNTY WATER DISTRICT (OCWD) 11Seawater FOR LEASE OF THE DISTRICT'S "SEAWATER Intake Pipe INTAKE PIPELINE" for water line transmission purposes; and authorize C -2853 • the Mayor and City Clerk to execute (38) subject contract. [Report from the Utilities Department] (c) Award Contract No. 2806 to Hondo Bal Pnsla Company Inc. of Santa Ana for Alley Rcnsl $74,694.50 for BALBOA PENINSULA ALLEY C -2806 RECONSTRUCTION (C- 2806); and (38) authorize the Mayor and the City Clerk to execute subject contract. [Re£port from the Public Works Department] (d) Award Contract No. 2779 to Guild Bk Bay Dr Construction, Inc. for the total bid Drng /Estbl: price of $79,939 for BACK BAY DRIVE CdM Sdwlk DRAINAGE CONTAINMENT NEAR EASTBLUFF Rplcm DRIVE., AND CORONA DEL MAR SIDEWALK C -2779 REPLACEMENT (C- 2779); and authorize (38) the Mayor and City Clerk to execute subject contract. [Report from the Public Works Department] • 4. COMMUNICATIONS - For referral as indicated; (a) To Fire Department for inclusion in Fire Dpt the records, list of citizens (41) responding to RESOLUTION NO. 90 -116 (BUCK GULLY). Note: Additional letters were received after the agenda was printed from M. P. Marley, Thomas and Janice Rockefeller, Kenneth and Elizabeth Browsberger, Glen and Jane Justice, second response from J. W. Matthews,, and U.S. Department of the Interior/ Fish and Wildlife. (b) To Traffic Affairs Committee for TAC response,,letter from Elaine Linhoff (85) opposed to more SPEED BUMPS ON THE PENINSULA. (c) To Public Works Department for PW /Uriliti inclusion in the records, letter of (89) protest from Gordon Fraser to • proposed ASSESSMENT DISTRICT NO. 62. Volume 45 - Page 39 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES RIRWNMW�10 1063x4 Volume 45 Page 40 (d) To Personnel Director for reply, Personnel letter from Steve Weiner with (66) suggestions for City's Smoking ordinance to include additional constraints imposed on SMOKERS AND • HAZARDS OF SECOND HAND SMOKE. (e) To City Manager for response, letters S /Ana Hghti from Renee D. Thomas, Patricia J. Anex Duranty, Jeff Jones, Edwin C. Hall (21) (Sherwood Estates), and Kristen L. Babcock requesting their property be removed from Costa Mesa's Sphere of Influence (SANTA ANA HEIGHTS), and ANNEXED TO THE CITY OF NEWPORT REACH. Note: Additional letters were received after the agenda was printed from Mike Meissenburg, Calvin McLaughlin, John and Lucinda Harder, Jr. (Harbor Day School), Rita Bosley and 'Lynda Eliel. (f) To Building Department for reply, Building letter from Mel Joseph Grandinette, (26) requesting that builders who disregard the CITY'S CONSTRUCTION ACTIVITY -NOISE REGULATIONS pay • increased fines. (g) To Business License Supervisor for Bus Licens response, letter from David A. W. (27) Young concerning DOOR -TO -DOOR SOLICITATIONS BY CALIFORNIA ROOF SAVERS. (h) To Public Works for inclusion in the PW records, letter from Lee Gittleman (74) with suggestions for compromise solution to the OCEAN FRONT BOARDWALK EXTENSION. S. 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) Colonial Penn Insurance Colonial Company /Elisabeth Babcock alleging Penn Ins/ damage to vehicle as a result of Babcock being hit by City truck at Pacific Coast Highway and Newport Center Drive on January 8, 1991. Volume 45 Page 40 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \\February 11, 1991 INDEX Volume 45 - Page 41 (b) M. Ray DeRight /ooldazich alleging she DeRight/ was.struck by City Police vehicle on Goldasich 16th Street on January 21, 1991. (c) Rosemarie Ferguson alleging damage to Ferguson vehicle as a result of hole in street at Pacific Coast Highway and Superior Avenue on January 3, 1991. (d) Rosemary Kaufer alleging damage to Kaufer personal property (pants) when she sat down on City bench which had just been painted, but not signed as such, at Balboa Park near Balboa Pier on January 24, 1991. (e) Mike Lin alleging his van was hit by Lin City Police Officer on October 12, 1990. (f) Jeffrey Moore alleging his vehicle Moore towed in error on January 7 and 19, 1991, seeking reimbursement of towing fees and loss of work. (g) Application for Leave to Present Late Claim of Louis G. Nunez alleging Nunez personal injuries as a result of fall • at Ocean Boulevard and Iris Avenue on May 12, 1990. (h) original Pizza alleging gas line was Original severed by contractor doing work for Pizza City at 2121 W. Balboa Boulevard, December 13 - 17, 1990; seeking reimbursement of repair work. (i) Robert Santini alleging pain and Santini suffering, lose of employment, etc., as a result of being arrested by City, Police Department on October 14, 1990. (j) Margaret Shook alleging City Fireman Shook dropped wrench onto her vehicle on January 15, 1991. (k) Anita C. Smith alleging personal Smith injuries as a result of being rear - ended by City truck while at stop light at Pacific Coast Highway and Jamboree Road on January 15, 1991. (1) Ann G. Stewart alleging damage to Stewart vehicle as a result of debris flying out of City Refuse truck on Jamboree Road west toward Pacific Coast Highway on December 29, 1990. Volume 45 - Page 41 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL \ \ February 11, 1991 Volume 45 - Page 42 37 (m) 20th Century Insurance Company for 20th Cen- Chris /Dianna Juergens alleging tury Ins/ personal injuries as a result of Juergens accident on San Joaquin Hills Road • and SR 73 on September 22, 1990. (n) Rose Wehmueller alleging personal Wehmueller injuries as a result of fall in crosswalk due to road construction and raised roadway on Pacific Coast Highway at Orange Avenue on November 22, 1990. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to.the claims adjuster: (a) Joshua Amsden, Orange County Superior Amsden Court, Case No. 632698. Claim denied by City Council on February 26, 1990. (b) People of the State of California CA State/ Cross - Complaint, Orange County Rickerson Superior Court, Case No. 641897. Claim was denied by City Council on May 20, 1990 for Robert Nickerson. • S. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: [Report from the City Manager) (a) One Survey Party Chief, Public Works Department. 9. STAFF AND COMMISSION REPORTS For Council information and approval: (a) Removed from the Consent Calendar (refer to agenda item O -1 for action and disposition). (b) Report from the City Manager Cncl Polic concerning COUNCIL POLICY J -3. (69) For Council information and filing: (c) Report to the City Manager regarding Planning ACTIONS TAKEN SY THE PLANNING (68) COMMISSION ON JANUARY 24, 1991. 10. PUBLIC HEARING SCHEDULING: [Refer to agenda items F -1(c, d, a and f; and F- 9(a)]'. Volume 45 - Page 42 37 CITY OF NEWPOR17 BEACH COUNCIL MEMBERS ROLL \ \ \� \\\ February 11, 1991 MINUTES INnFX Volume 45 - Page 43 11. RESUBDIVISION NO. 942 - Approve a Resub 942 subdivision Agreement guaranteeing (84) completion of the public improvements required with Resubdivision No. 942 • located at 608 Poinsettia Avenue, between Third Avenue and Fourth Avenue, in Corona del Mar; and authorize the Mayor and the City Clerk to execute the agreement. [Report from the Public Works Department] 12. RESUBDIVISION NO. 925 - Accept the offer of Resub 925 dedication of a ten (10) foot radius corner (84) cutoff at the corner of Third Avenue and Narcissus Avenue located at 520 Narcissus Avenue, on the southeasterly corner of Third Avenue and Narcissus Avenue, in Corona del Mar. [Report from the Public Works Department] 13. REQUEST OF YOZYA DEVELOPMENT, INC. - Yozya Approve subject request to use pictures Dvlpm/Misc from the book, NEWPORT BEACH -THE FIRST Request CENTURY. (52) 14. BUDGET AMENDMENTS - For approval: (40) BA -030, $2,131 - Decrease in Unappropriated Surplus and Increase in Budget • Appropriations for SPECIAL REFUSE COLLECTION on Saturday, April 13, 1991, for - HARBOR VIEW HOMES; General Fund. (General Gen Sry Services Director memo /Villageway (44) Management, Inc. letter) BA -031, $356,- 266.90 - Decrease in Unappropriated Surplus for UNDERGROUNDING UTILITIES ALONG HAZEL DRIVE SOUTHERLY FROM COAST HIGHWAY TO POPPY AVENUE (Proposed Assessment District No. 62); General Fund. Utilities [Report from the Public Works Department] (89) BA -032, $15,000 - Decrease in Unappropriated Surplus to provide for UNDERGROUNDING UTILITIES ON NEWPORT ISLAND (Proposed Assessment District No. 63); General Fund. [Report from the Public Utilities Works Department) (89) BA -033, $10,000 - UNDERGROUND UTILITIES IN BLOCK 5, EAST NEWPORT (City block bounded by 7th Street, Balboa Blvd., 8th Street, and Bay Avenue) (Proposed Assessment • District No: 66) (Report from the Public Utilities Works Department] (89) Volume 45 - Page 43 CITY OF NEWPORT BEACH COUNCIL MEMBERS RN \s \\ \\ February 11, 1991 MINUTES 14p Volume 45 - Page 44 / G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from City Attorney regarding Bus Licensf MORATORIUM ON MASSAGE ESTABLISHMENTS. Massage • (27) John Black, 4001 Birch Street, Suite C, licensed operator and massage technician, - and owner of "A Place to Relax" in Newport Beach, addressed the Council, stating that he is also a member of the Board of Directors of the California Federation of Massage. He stated his business is a health maintenance service frequented by many local business professionals such as, doctors, attorneys and accountants. He added that he has been a licensed technician in Newport Beach for 4 1/2 years, and is also concerned that there are some types of businesses that cloak themselves behind the name of massage, and if the moratorium is extended for another 12 months, it will restrict businesses like his from being able to grow. He suggested that not only should the City staff survey other cities to determine their approach to this issue, but that they meet with members from Professional Massage Associations for their input. • Discussion ensued, wherein Mayor Sansone advised that a public hearing will be scheduled for the City Council meeting on February 25, 1991, and at that time it would be appropriate for public input /comments. The City Attorney advised that the staff will be talking with business owners like Mr. Black to get their input before there is any final decision made by the City Council. Motion x Motion was made to uphold the All Ayes recommendation to approve the city Attorney's report and direct the City Clerk to notice a public hearing for February 25, 1991, for the extension of the interim ordinance for ten (10) months and fifteen (15) days, as provided in Government Code Section 65858. • Volume 45 - Page 44 / ROLL CR \11010 \\ February 11, 1991 41MR-1 3L9 TNWY Volume 45 - Page 45 H. ORDINANCES FOR ADOPTIONS 1. Proposed ORDINANCE No. 91 -4, being, Ord 91 -4 • Ambulance AN ORDINANCE OF THE CITY COUNCIL OF Regs THE CITY OF NEWPORT BEACH AMENDING (27) CHAPTER 5.14 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AMBULANCE REGULATIONS. Recycled report from the Fire Chief, dated January 28, 1991. Copy of letter with mailing list from the Fire Chief advising ambulance companies of the opportunity to offer suggestions or comments by mail or in person. Fire Chief Jim Reed, addressed the Council, advising that the City will be requesting proposals, but prior to this, the staff will update the Proposal System to select the Ambulance Providers for the City, and review the entire Ambulance Regulation Ordinance, with major changes as follows: 1)Designates a primary and secondary • ambulance provider for emergency services, instead of two primary providers that rotate from month to month, which will be more cost - effective for the ambulance ' providers; 2)Reorganizes the revocation provision and is consistent with providers agreement, i.e., if need to revoke a license to operate, the City would notify the operator of the service; they then would have 15 days to file for an appeal to the City Manager's office /City council to hear the appeal, or the Council could recommend that the appeal go to a hearing officer, for a decision within 45 days; and 3)Deletes City responsibility to do extensive background investigation on the drivers and operators of ambulances. This is a duplication of the County's responsibility, and the • ambulance regulations would allow the City to accept the county's licensing and background investigation service of these individuals. Volume 45 - Page 45 [d! V1k1444W1IarI:1xA ROLL CR\Y \ \�� February 11, 1991 MINUTES TNT57Y Volume 45 - Page 46 Mike Donner, Operations Manager of Lifefleet Ambulance, located in Orange County, addressed the Council, requesting clarification of the proposed ordinance in Section 5.14. 100 regarding price regulating for nonemergency (interfacility) transports, and Section 5.14.110(B) referring to the requirement that an attendant must hold a valid driver's license, as well as an ambulance driver's certificate. Fire Chief Reed, addressed the Council in response to the foregoing, stating that the City Council establishes all rates and fees for ambulance service within the City, and all ambulances including interfacility transports that originate within the City must comply with those rates. He added that if a transport originates outside of the City limits and then comes into the City of Newport Beach, the rates that were applicable in the outside jurisdiction would prevail; if the call originates in Newport Beach in the case where the Medicare/ .private insurance rate applies, the City would comply with whatever • requirements are set by those agencies. In response to the attendant holding a valid driver's license, it was suggested by Fire Chief Reed that this provision not be required, and therefore, the proposed ordinance be amended. Motion x Motion was made to adopt Ordinance No. All Ayes 91 -4, as amended (Section 5.14.110(B), striking out "...,or serve as an attendant of,... I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Memo from Orange County Division /League of O/C Div/ California Cities ORANGE COUNTY League CA TRANSPORTATION AUTHORITY AND REGIONAL Cities ADVISORY AND PLANNING COUNCIL APPOINTMENTS. (61) Motion x Motion was made authorising the Mayor to yes consult with members of the City Council regarding applicants before formal voting takes place on February 21, 1991. Volume 45 - Page 46 !7 I. 7•. • .7 • CITY OF NEWPORT BEACH I.IU I February 11, 1991 Meeting adjourned at 7:32 p.m., in memory of Bill Schock, renowned boat builder, who passed away on February S, 1991. R * * R * * R * * * R The agenda for this meeting was posted on February 7, 1991, at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 45 - Page 47