HomeMy WebLinkAbout03/11/1991 - Regular MeetingCOUNCIL MEMBERS
ROLL CRLL
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CITY OF NEWPORT BEACH
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F 3
MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:00 P.M.
DATE: March 11, 1991
Mayor Sansone presented Proclamation - April,
1991 as EARTHQUAKE PREPAREDNESS MONTH t0 the
City's Disaster Services Manager, Ray Pendleton.
Mayor Sansone presented Proclamation - March,
1991 as PEACE CORPS MONTH to Kathy Lee Lewis.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
February 25, 1991, 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 Sansone opened the public hearing GPA
regarding GENERAL PLAN AMENDMENT NO. 90 -1 (45)
(A) - A request to consider an amendment
to the Land Use Element of the General Plan
to establish a dwelling unit limit
consistent with existing development for
the residential areas on Domingo Drive and
Amigos Way in the Eastbluff area of Newport
Beach;
PROPOSED ORDINANCE NO. 91 -13, being,
90 -1(A)
91 -13
AN ORDINANCE OF THE CITY COUNCIL OF (94)
THE CITY OF NEWPORT BEACH AMENDING -A
PORTION OF DISTRICTING MAP NO. 39 SO
AS TO RECLASSIFY LOTS 1 THROUGH 19 OF
TRACT 5425 FROM THE R -3 -B (P.R.D.)
DISTRICT TO THE MFR DISTRICT AND
ESTABLISH DWELLING UNIT LIMITS FOR
EACH LOT. - (PLANNING COMMISSION PCA 723
AMENDMENT NO. 723)
Report from the Planning Department.
At the request of Council, the City Manager
summarized as follows: When the General
Plan was adopted in 1988, staff thought
that they had established within it a limit
of 225 units. Since then, staff has
discovered that the current General Plan
permits more than 225 units; therefore,
General Plan Amendment 90 -1(A) is to reduce
the allowed density to the 225 units that
are already there, and Zone Amendment 723
provides consistency with the General Plan.
After it was determined that no one wished
to speak on this item, the public hearing
was closed.
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COUNCIL MEMBERS
ROLL CfiLL
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Motion
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CITY OF NEWPORT BEACH
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March 11, 1991
Motion was made to:
INDEX
A. Adopt Resolution No. 91 -19, Res 91 -19
amending the Land Use Element
of the Newport Beach General
Plan establishing a dwelling
unit limit consistent with
existing development for the
residential areas on Domingo
Drive and Amigos Way in the
Eastbluff area of Newport
Beach;
L.
B. Adopt Ordinance No. 91 -13.
2. Mayor Sansone opened the public hearing. Ord 91 -14
regarding PROPOSED ORDINANCE NO. 91 -14, Zoning
being, 1(94)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO ALLOW TENANT
IMPROVEMENTS INVOLVING UP TO ONE
HUNDRED PERCENT OF THE EXISTING FLOOR
AREA OF NONCONFORMING COMMERCIAL AND
INDUSTRIAL BUILDINGS WITHOUT
DISCRETIONARY ACTION. (PLANNING
COMMISSION AMENDMENT NO. 726)
Report from the Planning Department.
The City Manager advised that the Planning
Commission recommended the City keep the
regulations in, place to require a. use
permit to remodel interiors, and tenant
improvements, with the exception of
commercial or industrial structures which
are nonconforming due to height, bulk,
gross floor area, setbacks, or parking.
He added that If a commercial or industrial
structure requires tenant improvements that
are nonconforming, such as those found in
the old parts of town, i.e., Balboa,
McFadden area, Balboa Island, then they
would still require a building permit, but
they would be excluded from requiring use
permits, or be subject to discretionary
action of the Planning Commission or City
Council.
Hearing no one wishing to speak to this
item, the public hearing was closed.
Following discussion by Council and staff,
motion was made to adopt ORDINANCE NO. 91-
14.
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PCA 726
CITY OF NEWPORT BEACH
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3. Mayor Sansone opened the public hearing GPA 90 -1(G)
regarding GENERAL PLAN AMENDMENT NO. 90- (45)
1(G) - A request by THE IRVINE COMPANY to
amend the Land Use Element of the General
Plan to provide for Administrative,
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Professional and Financial Commercial uses
as an alternate use on the Pacific
Telephone site ( Camelback Street and Bison
Avenue); and the acceptance of an
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Environmental Document;
AND
PLANNING COMMISSION AMENDMENT NO. 721 - A PCA 721
request to amend the North Ford Planned
Community District Regulations to provide
for 20,000 square feet of office
development on the Pacific Telephone site;
AND
TRAFFIC STUDY NO. 70 - For proposed office Traffic
development on the Pacific Telephone site. Study 70
Property located at 1177 Camelback Street;
AND
FINDING OF GENERAL PLAN CONSISTENCY - A Finding
request by The Irvine Company for a finding GP Cnstncy
of General Plan consistency for a transfer
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of 13,550 square feet of commercial
development from the Pacific Telephone site
to Fashion Island;
AND
PLANNING COMMISSION AMENDMENT NO. 701 - A PCA 701
request to amend the Fashion Island Planned
Community Development Regulations so as to
increase the allowable development
allocation by 13,550 square feet;
AND
TRAFFIC STUDY NO. 67 - For increased square Traffic
footage at Fashion Island. Study 67
Report from the Planning Department.
It was noted that the 1988 General Plan
permits 33,550 sq. ft. of commercial
development in parcel 2(a) adjacent to
Bison, midway .between MacArthur and
Jamboree, which is currently undeveloped
and used as a parking lot. The proposal is
to reduce the allowed density in parcel
2(a) from 33,550 sq. ft. to 20,000 sq. ft.
of office development. The difference of
13,550 sq. ft. would be transferred to
Fashion Island within the Loop, and in the
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CITY OF NEWPORT BEACH
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Loop, The Irvine Company currently has GPA 90 -1(G;
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5,643 sq. ft. of unused entitlements. The
applicant is proposing to combine the
13,550 sq. ft. being transferred from
parcel 2(a) to Fashion Island with the
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5,643 sq. ft., resulting in approximately
19,000 sq. ft. of commercial development in
Fashion Island. It would not increase the
total sq. footage of the General Plan, but
decrease parcel 2(a) by 13, 550 sq ft. and
increase Fashion Island. The Traffic
Phasing Ordinance shows that in Fashion
Island the proposal meets all the
requirements of the TPO, and if parcel 2(a)
remains as office development, it meets all
criteria of the Traffic Phasing Ordinance.
If medical offices goes in on Parcel 2(a),
which it could, then the intersection at
Bison and MacArthur would be impacted
greater than the TPO allows, and it would
require the construction of one additional
two -lane, which would be accomplished by
restriping.
The Advance Planning Manager, Patty Temple,
advised the Council that mitigation, which
was taken out by the City of Irvine, will
again be required at this location. The
City of Irvine is basically doing all of
the planning to add the third northbound
through lane in relation to the
improvements coming in at Bonita Canyon
Road as a result of the connection of
Pelican Hill Road. The required mitigation
here, will be a widened intersection with
the three lanes staying on northbound
MacArthur through the Bonita Canyon
intersection, and actually become a part of
the City of Irvine's project; therefore,
the City of Newport Beach does not
anticipate a problem at this time.
Discussion ensued, wherein it was suggested
that conditions be placed on the subject
project that; 1) The Water Plan is to be
approved by the Utilities Director before
any building plans are approved, and when
the building is ready to be built, that the
Utilities Director will take the most
current drought situation into
consideration; 2) All developments will be
subject to Water Conservation Laws or
requirements, if any exist prior to the
issuance of a building permit; and 3)
Delete ... "and 10:00 a.m. to 6:00 p.m. on
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Sundays and holidays "...from Condition No.
7, Exhibit A, regarding construction hours.
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CITY OF NEWPORT BEACH
March 11, 1991
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Council was advised that at the next City GPA 90 -10)
Council meeting, an emergency ordinance
will be introduced, and if six members of
the Council concur, the ordinance will, be
adopted and take effect immediately. The
conditions that are being proposed on this
project will be in effect immediately
before a building permit is issued.
David Neish, Representative of The Irvine
Company, addressed the Council, stipulating
that they concur with the Findings and
Conditions contained in Exhibit A, and
would respectfully request that the Council
uphold the decision of the Planning
Commission and approve their requests. He
added that as far as any future
developments in Fashion Island and North
Ford, if it is the Council's intent to
adopt an emergency ordinance in the next
two weeks, they can be assured that The
Irvine Company will not be drawing building
permits within that two -week time frame.
He also stated that The Irvine Company
would not have any problem in accepting the
conditions that they be subject to water
conservation laws and /or regulations, and
complying with the condition that there be
no construction on Sundays and holidays.
*n
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Motion was made to:
Ayes
A. Adopt Resolution No. 91 -20, Res 91' -20
approving GPA 90 -1(G),
amending the Land Use Element
of the General Plan to provide
for Administrative,
Professional and Financial
Commercial uses as an
alternative use on the Pactel
site;
B. Adopt Resolution No. 91 -21, Res 91 -21
approving Planning Commission
Amendment No. 721, amending
the North Ford Planned
Community District Regulations
to provide for 20,000 square
feet of office development on
the Pactel site;
C. Traffic Study No. 70 for
proposed office development on
- the Pacific Telephone site;
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D. Adopt Resolution No. 91 -22, Res 91 -22
approving Planning Commission
Amendment No. 701, increasing
permitted development in the
Fashion Island Planned
Community by 13,550 square
feet;
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Volume 45 - Page 72
E. Traffic Study No. 67 for
entitlement transfer and
increased square footage at
Fashion Island;
P. Adopt Resolution No. 91 -23, Res 91 -23
making a finding of General
Plan consistency for a
transfer of 13,550 square feet
of commercial development from
the Pacific Telephone site to
Fashion Island;
6. Acceptance of an environmental
document for the above
approvals;
R. The Water Plan is to be
approved by the Utilities
Director before any building
plans are approved, and when
the building is ready to be
built that the Utilities
Director will take the most
current.drought situation into
consideration;
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I. All developments will be
subject to Water Conservation
Laws or regulations, if any
exist prior to the issuance of
a building permit; and
J. Condition No. 7, Exhibit A -
Delete ... "and 10:00 a.m. to
6:00 p.m. on Sundays and
holidays."
E. PUBLIC COMMENTS:
1. Allan Beek, 2007 Highland, addressed the SJHT Crdr
Council regarding the certification of the
EIR for the San Joaquin Hills "Feeway,"
stating that this is the same as a toll
road. He advised that the bond
underwriters will want collateral to
guarantee payment of the construction bonds
for this toll road, and presented facts
that the toll booths will not be able to
pay off the bonds. He added that he is very
much afraid this collateral consists of the
property taxes collected from real estate,
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which includes many of the homes in Newport
Beach, and commented that there is an
opinion from Senator Marion Bergeson's
office which confirms this fear - -that the
Joint Powers Authority really does have
taxing power. He feels that every effort
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CITY OF NEWPORT BEACH
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Volume 45 - Page 73
should be made to hold off certification of SJHT Crdr
the EIR until such time as it is absolutely
clear whether or not this certification
puts the property owners in jeopardy, and
requested that the City Attorney
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investigate this matter using outside
counsel if necessary. He'further requested
that the City's delegate to the
Transportation Corridor Agency be directed
to abstain from voting certifying the EIR
until the City is satisfied that this would
not put its citizens in jeopardy.
The City Attorney stated that he is not an
expert on municipal bond financing, but he
doesn't believe that there is any way for
either the Authority or the Underwriters to
somehow levy additional assessments against
property within the zone.
Council Member Cox, the City's
representative, stated that the Corridor
Agency never has, nor does it now intend to
use property taxes for the payment of the
toll road bonds, and added that as of
today, the San Joaquin Hills Transportation
Corridor is financable.
The City ;Attorney suggested he present a
report to the Council regarding Mr. Beek's
allegations, and if directed by Council,
place this matter on a Council Meeting
agenda.
John Connors, 28092 Forbes Road, Laguna
Niguel, Chairman of the Taxpayers Coalition
Against Alignment 2, addressed the Council,
stating that with the choice of Alignment
1 to the southern end of the Corridor, it
is financable. His Coalition unanimously
and strongly supports Alignment 1 for the
Interchange, and the certification for the
EIR only if Alignment 1 is selected. They
continue to be astonished that an alignment
is under consideration, [Alignment 2] with
an estimated additional cost of $82
Million, which negatively affects the
financability of the entire project. In
summation, the Coalition believes the only
viable and responsible decision is
selection of Alignment 1, which is a sound
public policy decision and would gain their
full support for the toll -way. Mr. Connors
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thanked the Council for having Council
Member Cox cast his vote on March 14 for
Alignment 1.
Volume 45 - Page 73
CITY OF NEWPORT BEACH
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March 11, 1991
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2. Council Member Plummer advised that this Cabo San
past week she was part of the Delegation to Lucas/
sign the formal declaration on behalf of Sister
the City of Newport Beach with our Sister City
City Cabo San Lucas, at the tip of Baja,
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commenting on the sailing yacht ceremony
and festivities.
F. CONSENT CALENDAR:
Motion
x
The following actions were taken as indicated,
All Ayes
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on March 25, 1991:
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(a) Removed from the Consent
Calendar. (Refer to agenda
item G. 1 for Council action)
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 91 -24, increasing Traffic/
rates at CORONA DEL MAR AND BALBOA Parking Lot
BEACH PARKING LOTS. [Report from Fee Incr
Offstreet Parking Committee] Res 91 -24
(85)
fib) Resolution No. 91 -25, declaring the
City's intention to VACATE AND Vac /Aband
ABANDON a portion of the alley prtn alley
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located between Belvue Lane and "M" Belvue Ln/
Street, northerly of Miramar Drive; "M" St
accepting a map showing the alley to Res 91 -25
be vacated; and setting April 8, (90)
1991, as the date for the public
hearing concerning the intended
vacation.
3. CONTRACTS /AGREEMENTS:
(a) Approve Consultant Agreement to GS /Source
complete the SOURCE REDUCTION AND Red /Recycl
RECYCLING ELEMENT AND HOUSEHOLD Elem /House
HAZARDOUS WASTE ELEMENT; issue hold Haz !^
purchase order not to exceed $48,535 C -2855
for Rleinfelder, Inc; and authorize (38)
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the Mayor and City Clerk to execute
subject agreement. [Report from the
General Services Department]
4. COMMUNICATIONS- -.For referral as indicated:
(a) To Staff for response, letter from Misc Req/
Jes Johnston expressing the Balboa
importance of keeping the BALBOA Ferry
FERRY RUNNING. (52)
(b) To Utilities Department for reply, Utilities
letter from J. W. Parks protesting (89)
the City's approach to WATER
RATIONING.
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(c) To Public Works and Parks, Beaches PW
and Recreation Departments for report (74)
back to Council, letter from the
Planning Commission recommending
consideration of drought- resistent
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demonstration garden in front of City
Hall as a WATER CONSERVATION MEASURE.
(d) To Traffic Affairs Committee for TAC
response, request from West Newport (85)
Beach Association for STOP SIGNS AT
THE CORNER OF PROSPECT AND SEASHORE
FOR BOTH BICYCLES GOING EAST AND WEST
AND CARS GOING WEST.
(e) To Circulation Buildout City Council Cir Build -
Ad Hoc Committee for review and out Ad Hoc
recommendation to the City Council, Cmte
report from the Parks, Beaches and (24)
Recreation Commission regarding the
CIRCULATION IMPROVEMENT AND OPEN
SPACE AGREEMENT.
(f) To Planning and Police Departments Planning/
for response, letter from Dorothy M. Police
Kloeckner concerning LIMITING GROWTH (68/70)
AND DEVELOPMENT to CURTAIL USE OF
WATER SUPPLY, and suggests something
be done about ENFORCING THE 35 MILE
PER HOUR SPEED LIMIT IN THE CITY.
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) John W. Bannier (City employee) Bannier
alleging his parked vehicle at the
City Yard off Industrial Way was hit
on February 24, 1991, while he was
working.
(b) James, Jared and Peter Cannon, Jared/
Application to present late claim - Cannon
Heirs to the estate of Rosebud
Jacobson, who was killed in auto
accident on March 12, 1990, at
Pacific Coast Highway and Jamboree
Road.
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(c) Susan Chappell alleging damage to Chappell
vehicle on February 23, 1991, as a
result of road construction at Balboa
Boulevard and Pacific Coast Highway.
Volume 45 - Page 75
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COUNCIL MEMBERS
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Volume, 45 - Page 76
(d) Heather Goss alleging City Fire truck Goss
hit her parked vehicle on Kent Lane,
on January 23, 1991.
(e) Steven Craig Laughlin alleging Laughlin
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personal injuries as a result of
participating in a water polo
tournament sponsored by the Newport
Beach chamber of Commerce on
September 14, 1990 at Corona del Mar
High School.
7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's referral .
to the claims adjuster:
(a) Mae Lou Ding for damages, Orange Ding
County Superior Court, case Po.
650067. Claim was denied by City
Council on September 24, 1990.
(b) Noble Johnson for damages, Orange Johnson
County Superior Court, Case No.
91CO576.
8. REQUEST TO APPROVE /FILL PERSONNEL (66)
VACANCIES: (Report from the City Manager)
(.a) One Building Maintenance Worker II,
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General Services Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from BUDGET COMMITTEE PB &R
recommending that the request for (62)
financial grant of $50,000 be denied
for OLYMPIC TRIALS COMMITTEE
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1991/1992 to help fund hosting
expenses.
(b) Removed from the Consent Calendar.
- (Refer to agenda item G. 2 for
Council action)
(c) Report from the City Manager Council
recommending formal review and Policy 0 -8
approval of the Newport Beach Public (69)
Library Foundation's request for
COUNCIL POLICY 0 -8, POLICY ON DONOR
RECOGNITION.
For Council information and filing:
(d) Report to the City Manager regarding Planning
ACTIONS TAKEN BY THE PLANNING (68)
,COMMISSION ON FEBRUARY 21, 1991.
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CITY OF NEWPORT BEACH
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10. PUBLIC HEARING SCHEDULING:
March 25, 1991 -
(a) Memorandum from the Business License Towing
Supervisor requesting public hearing (70)
for rate increase for JOHN'S TOWING
SERVICE.
April 8, 1991 -
(b) Refer to agenda item F -2(b).
11. HARBOR PERMIT APPLICATIONS - Uphold staff's Harbor
recommendation to approve the following Permits
applications, subject to conditions listed (51)
in the staff reports.
(a) APPLICATION NO. 124 -3400 - By Apli 124 -
Duncan McIntosh to temporarily 2400
revise the commercial docks
bayward of 2400 Via - Oporto.
(b) APPLICATION NO. 153 -219 - By Apli 153 -
Martha McNab to revise the 219
joint pier and float bayward
of 219 and 221 East Bay Front,
Balboa Island.
12. SPECIAL EVENTS APPLICATIONS - Uphold Special
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staff's recommendation to approve the Events
following, subject to conditions listed in (27)
the staff reports. [Report from the
Business License Supervisor]
(a) APPLICATION NO. 91 -010 - Apli 91 -01
Residential use of amplified
sound at 4 Inverness Lane for
a fund raiser on behalf of the
- Waldorf School of Orange
County, from 6:00 p.m. to
Midnight on Saturday, May 18,
1991.
(b) APPLICATION NO. 91 -040 - Apli 91 -04
Temporary street closure for
McIntosh Boat Show, 11:00
a.m. -6:00 p.m., from April 18
- 28, 1991, in Lido Village.
13. ENCROACHMENT AGREEMENT FOR WILLIAM SHATTUCK
- Removed from the Consent Calendar.
(Refer to agenda item G. 3 for Council
action)
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14. AMBULANCE TRANSPORTATION SERVICES -- Approve Ambulance
subject schedule and authorize the City Contract
Clerk to advertise for to CONTRACT FOR (27)
EMERGENCY AMBULANCE TRANSPORTATION SERVICES
to be opened on April 17, 1991, at 10:00
a.m. [Report from the Fire Chief]
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CITY OF NEWPORT BEACH
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15. BUDGET AMENDMENTS:
None.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
An
x
1. Following discussion, proposed ORDINANCE Ord 91 -15
111 Ayes
NO. 91 -15, being, CATV
(42)
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 5.44 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
COMMUNITY ANTENNA TELEVISION,
with report from the Deputy City Manager
was introduced and passed to second reading
on March 25, 1991, but with deletion to
paragraph C, page 17 of subject
ordinance... "Amplifiers in Grantee's
transmission and distribution lines may be
in appropriate housings upon the surface of
the ground as approved by the Director of
Public Works of the City."
2. Report from the Utilities Director Utilities/
recommending staff be authorized to hold Wtr Rstrcti
two public forums for the purpose of (89)
discussing proposed RESTRICTIONS ON WATER
USE.
The Utilities Director addressed the
Council with an update since the last
Council meeting, advising that: On
April 1, Metropolitan Water District (MWD)
will be requiring the City to cut water
consumption back by 308. The immediate
reason for this is the reduction of all
water for MWD in the State Water Project.
The Utilities Committee has looked at a
number of restrictions on use, and have
expanded upon the list attached to the
March. 11, 1991 staff report, and they will
be discussion these restrictions during the
two public forums to be held March 13, 1991
at Oasis from 1 p.m. to 3 p.m., and in the
City Hall Council Chambers from 6 p.m. to
8 p.m. The measurement for March, 1991
shows a 108 reduction for the City, keeping
in mind that MwD is asking the City to
reduce to 308. During the forums staff
will be discussing what the City policies
are, and what rationales were used to
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develop the restrictions that are being
proposed upon the public.
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CITY OF NEWPORT BEACH
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The Utilities Director, upon Council Utilities/
inquiry, stated that staff will do a Wtr Rstrctr
special mailing to those customers outside
of the City to inform the public of the
water reduction policy, and if possible,
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they will do a mailing to the postal
customers, rather than to the water billing
list. He advised that the $16,000 fine
imposed by MWD on the City would result in
an increase for those customers who went
over the ration amount, and will not apply
to anyone who did not. He added that the
Utilities Committee assures the Council the
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money received as penalties and surcharges
will only be used for water purposes, such
as paying MWD for any surcharge, for
administering this program, find other
sources of water for the City, which means
well fields and Green Acres Project, and if
there is additional money remaining it will
be used to keep the basic water rate down.
In summation, he stated that as far as
restrictions upon customers served by the
Orange County Water District, 70% of their
overall demand can come out of the Orange
County Water District Basin, and the
District wrote to everyone of its well
field member agencies, as well as Newport
Beach, and asked that each agency put in a
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conservation plan with restrictions.
Mayor Sansone commented that the City is
going to be a participant in a project by
the Orange County Water District (OCWD),
called Green Acres, where reclaimed water
from the Sanitation District facilities in
Fountain Valley, will be transported to
OCWD in a large plant recently completed on
Ellis Avenue, and from there brought to a
point where it would be almost drinkable,
and dispersed southward, but Newport Beach
will not be served until 1994. He
emphasized that the water problem is
critical and the City is actively trying to
do something about it.
At the suggestion of Council Member Hedges,
staff will request that COMCAST televise
the forums.
Motion
x
Motion was made to approve the proposed
All Ayes
RESTRICTIONS ON WATER USE AND HOLD TWO
PUBLIC FORUMS, as recommended in the report
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from the Utilities Director.
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3. Report from Public Works Department Shattuck
recommending approval of request for Encroach-
ENCROACHMENT AGREEMENT FOR WILLIAM SHATTUCK ment
permitting the construction of brick pavers (65)
within the Bayside Drive parkway adjacent
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to 1945 Bayside Drive; and authorizing the
Mayor and City Clerk to execute the
agreement and record with the Orange County
Recorder.
Motion
x
Following comments, motion was made to
All Ayes
approve the subject encroachment as
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presented in the foregoing, with
conditions, which was acceptable to the
applicant, as follows:
"That Mr. Shattuck construct
approximately five (5) feet of
concrete sidewalk at the westerly end
of his property to connect his
improvements to the drive apron
improvements on the adjacent
property. The construction will
require the removal of four (4) small
hedges, the replacement of broken
water meter box which must be
adjusted to grade and the root
pruning of an existing tree as
required for sidewalk installation.
With Public Works Department
•
approval, the sidewalk width may vary
at the tree to clear tree roots."
B. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 91 -5, being, Ord 91 -5
Wtr /Swr
AN ORDINANCE OF THE CITY COUNCIL OF Utilities
THE CITY OF NEWPORT BEACH ADDING (89)
CHAPTER 14.30 TO THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO GREASE
DISCHARGE PERMITS.
Recycled reports from the City Attorney
dated February 15, and Utilities Director
dated February 11, 1991.
The City Manager advised that the subject
ordinance has been reviewed by a committee
of restaurant owners in Newport Beach and
also by the. California Restaurant
Association and they concur with the
proposal.
•
Council was advised that the Utilities
Committee reviewed the proposed ordinance
with regard to enforcement and penalties,
and if necessary, it can be made stronger
at a future date.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
91 -5.
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COUNCIL MEMBERS
R(]� r \ \ \ \�� \\ March 11, 1991
MINUTES
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Volume 45 - Page 81
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2. Proposed ORDINANCE NO. 91 -12, being, Ord 91 -12
Veh /Trfc
AN ORDINANCE OF THE CITY COUNCIL OF Bic Patrol
THE CITY OF NEWPORT BEACH AMENDING Bdwlk
THE PROVISIONS OF SECTION 12.56.140 (85)
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PERTAINING TO POLICE BICYCLE PATROL
ON BOARDWALKS, PIERS AND SIDEWALKS.
Recycled report .dated February 15, 1991,
from the City Attorney.
The City Manager advised that the Police
Department is recommending, on trial or on
a permanent basis, to utilize bicycles by
the police to perform their functions. As
currently written, the existing ordinance
prohibits riding of bicycles on some
sidewalks; therefore, the proposed
amendment will permit police officers to
operate City bicycles in the performance of
their duties on sidewalks, piers,
boardwalks, etc.
Council was advised that the project is
budgeted in the 1991 -1992 budget, and if
the proposed ordinance is adopted, it
becomes effective on April 8, 1991. If the
Council requests that the pilot project
begin prior to July, 1991, a report will be
made to Council on how soon this can be
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accomplished.
Dan Stringer, 700 S. Bay Front, addressed
the Council, stating that it might be
difficult to explain why police officers
can ride bicycles on the sidewalks,
requesting that they use discretion when
the sidewalks are crowded.
Motion
x
Motion was made to adopt Ordinance No.
All Ayes
91 -12.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Report from the Traffic Affairs Committee TAC /Speed
regarding ROAD BUMPS IN THE GRAND CANAL Bumps
ALLEY ON BALBOA ISLAND. Grand Can;
Alley
Letter from Arnold Mills in support of the (85)
road bumps.
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Council was advised that, after the agenda
was printed, letters were received in
support of the speed bumps from Adeline
Halter, Donald M. Smith, Scott and Sharon
McVean, and Morius L. Klyver (and a
telephone call from Mr. Klyver).
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CITY OF NEWPORT BEACH
COUNCIL MEMOS
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Council was advised that the policy in Speed Bumpr
effect indicates that application for speed Grand Cana:
bumps is made on a form provided by the Alley
City. Then there is certain criteria
within the policy to evaluate the request
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for the installation of bumps, and if
denied, the request can be appealed to the
Council.
Council Member Watt commented that some of
the residents have been actively working on
this request for 1 -1/2 years, and requested
a review of the policy regarding speed and
types of bumps in alleys. She stated that
this particular alley is about the
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narrowest one in the City, and feels that
the 15 mph speed limit is too fast. She
cited the speed bumps installed at the side
of the City Hall with a speed limit of 10
mph, which are moderate in size, and the
pavement is marked "speed bump," and feels
that this is very effective, and stated
that she would propose a motion to overrule
the decision of the Traffic Affairs
Committee.
Mayor Sansone stated that he will support
the motion, and at this time ask staff to
review the policy to include more
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flexibility within the policy.
Allan Beek, 2007 Highland, addressed the
Council commenting that the people who have
deep springs and heavy cars can cross the
speed bumps at 40 mph and are barely
affected by the bumps. He advised that he
persuaded his neighbors approximately 20
years ago when he lived in Beacon Bay to
install bumps high enough to limit speed,
but which are hardly noticeable at 10 mph.
He added that these bumps are 16 feet wide,
and if driven over at 15 mph, you could
lose a bumper, whereas an ordinary speed
bump is only three feet wide.
Tom O'Brien, 105 Marine Avenue, President
of the Balboa Island Improvement
Association, addressed the. Council, stating
that they did vote unanimously for the
speed bumps. He added that they have an
overriding concern for safety on the
island, and this is one of the rare
opportunities to visibly impact people's
perceptions that they are a safety- oriented
neighborhood and that indeed, the speed
bump will slow people down on the island.
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MINUTES
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Willie Maxim, 313 Grand Canal, addressed Speed Bump'.
the Council, stating that he lives right on Grand Cana .
the alley, and has had many close Alley
experiences. He added that he visually has
clocked vehicles going as fast as 25 - 30
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mph or faster, and has stopped some of them
by yelling at them, but not without threats
to himself, and urged the City to put in
speed bumps.
Bunty Justin, 217 Grand Canal, addressed
the Council, stating that she has kept a
file since March 27, 1989, which was the
day after her husband almost got killed in
the alley in the Canal. She advised that
the alley is not used just by people for a
short cut, but it is used in the morning
with vehicles going the wrong way, and to
get off the island, as well. The alley is
9 -1/2 feet wide, and the shops across the
alley are all virtually built out to the
old lot line, and there is no room for an
accident, whether they are going 20 mph, or
as most of them are going, 40 and 50 mph
and laughing.
Motion
x
Motion was made to approve the request
based upon the findings set forth in
Exhibit 8; and direct staff to include the
two bumps in the first installation
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,contract.
Council Member Hedges requested that
consideration be given to include in the
foregoing motion a reduction of speed to 5
mph in that particular alley.
The City Attorney advised that State law
establishes the prima facie speed in alleys
at 15 mph.
Discussion ensued, wherein Council Member
Turner suggested that along with the policy
review, staff investigate whether or not
the speed limit can be changed for this
alley, °"and further discussion brought back
to a study session.
In view of the foregoing, Council Member
Hedges withdrew his suggestion to amend
Council Member Watt's motion to lower the
speed limit.
Alt es
Motion was voted on and carried.
Volume 45 -. Page 83
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
lk;kjo 0 V
3 MINEN, March 11, 1991
MINUTES
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Volume 45 - Page 84
2. Report from the Fire Chief concerning FUEL Fire Dpt/
MODIFICATION PROGRAM REVIEW (RESOLUTION No. Buck Gully
90 -116). (41)
Council was advised that after the agenda
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was printed a letter was received from
Robert J. Cooper, who was concerned that
clearing would denude the gully to a
dangerous state, resulting in complete
devastation of Little Corona and adjacent
tide pools.
Council was advised by the City Manager
that the decision be postponed for another
90 - 120 days to give additional time for
staff to work with the adjacent property
owners of Buck Canyon. At the hearing.on
December 10, 1990 a number of people did
testify, but the hearing was not closed.
The decision was postponed for 90 days,
therefore, as this evening is close to that
time, this is why it is on tonight's
agenda. At that time, the City requested
additional information concerning the
liability for cleaning, geologists,
companies or departments that had a similar
situation, and all of this information has
now been received, and a number of meetings
have been held with the residents
surrounding the Canyon. As a result, the
City is getting a much better understanding
of the problem and how to deal with it.
With the continuance of another 90 - 120
days, hopefully the problem will be
amicably resolved. without forcing an
assessment upon the public..
lotion
x
Motion was made to postpone the decision
111 Ayes
for 90 to 120 days to give residents time
to review new material.
3. Report from the Public Works Department Undergr
concerning UNDERGROUNDING UTILITIES ALONG Utilities/
EAST BAY AVENUE AND EAST SAY FRONT FROM "J" Dist 12/61
STREET TO "M" STREET (PROPOSED ASSESSMENT (89)
DISTRICT NO. 61, AND PROPOSED UNDERGROUND
UTILITIES DISTRICT NO. 12).
The Public Works Director advised that the
property owners on the Peninsula Bay Front
between "J and M" Streets have requested
the formation of an assessment district to
underground utilities in the alley behind
their homes. 74 -1/2% of the property
®
owners have petitioned in favor of forming
the district. The cost has been estimated
.
at $229 per front foot, and that the
petitioners are aware of the estimated
cost.. The item before the Council tonight
Volume 45 - Page 84
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL \ \\TX\\\ March 11,1991
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Motion
All Ayes
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13
MINUTES
INDEX
is not a public hearing, but are procedural Undergr
resolutions leading up to a formal public Utilities/
hearing, which is being scheduled for Dist 12/61
April 22, 1991, at 7 p.m. to take public
testimony as to whether or not the district
Is to.be formed.
In answer to Council inquiry as to whether
the project could be City funded and not
have to go through the legal procedure of
selling bonds, etc., response from the
Public Works Director indicated that the
only way to ensure the property owners
would pay their assessments is through the
formation of an assessment district. He
added that the City could contract with
those homeowners who are in favor of having
utilities underground, but this would not
necessarily include all property owners.
The City Manager commented that State law
is explicit on the various steps to follow,
and then the homeowner has the option of
paying off his assessment within a certain
period, or if not, then it goes to bond,
and the bond becomes a first lien above all
other liens on the property; whereas if
this was done contractually, the City would
be the last lien on the property.
The Public Works Director advised that
there have been two incidents in the past
where property owners in small areas on the
Peninsula have voluntarily set up
underground utilities programs. They made
arrangements with the utilities company to
do the work, and they contracted amongst
themselves to pay the cost without the
necessity of forming an assessment
district.
Motion was made to:
1. Receive the Engineer's Report;
2. Adopt the following:
Resolution No. 91 -26 making
findings on petitions;
Resolution No. 91 -27 making
appointments in proposed
Assessment District No. 61;
Resolution No. 91 -28 adopting
proposed Boundary Map showing
the boundaries of proposed
Assessment District No. 61;
Volume 45 - Page 85
COINCIL M99ERS
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CITY OF NEWPORT BEACH
March 11, 1991
ml 1II
Resolution No. 91 -29 of
Intention covering preliminary
determination to order the
construction of certain
improvements in proposed
Assessment District No. 61;
ordering the preparation of a
report describing the district
to be assessed to pay the
costs and expenses thereof;
and providing for the issuance
of bonds;
Resolution No. 91 -30 passing
on the report of the engineer,
giving preliminary approval,
and setting a public hearing
for 7:00 p.m. on April 22,
1991, on the Resolution of
Intention to form a special
assessment district; and
3. schedule a public hearing for
7:00 P.M. on April 22, 1991,
to ascertain whether or not
public necessity, health,
safety, and public welfare
require the removal of poles,
overhead wires and facilities
and associated overhead
structures from within the
area of that area of the City
designated as underground
Utilities District No. 12.
Meeting adjourned at 9:00 p.m.
The agenda for this meeting was posted on
March 7, 1991 at 9:00 a.m., on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
Ma
ATTEST:
15 - Page 86
Undergr
Utilities/
Dist 12/61