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HomeMy WebLinkAbout11/25/1991 - Regular MeetingPresent • • X Ix CITY OF NEWPORT BEACH \ REGULAR COUNCIL IMMING \�� IM Council Chambers TIM: 7:0(I P.M. DATE: November 25, 1991 FM tR A. ROLL CALL. ELECTION OF MAYOR; Council Member Hatt stated she would like to nominate for the position of Mayor, a "gentleman who has worked very hard for the City of Newport Beach the past year. Through his leadership, the City has benefited by his participation on Regional Committees such as: Regional growth issues on Air Quality; Director, Sanitation District; Regional Waste Management Committee (Chairman of Finance); League of California Cities Voting Delegate, etc. He has proven accessibility for local concerns. This Council Member from old Corona del Mar represents the City with an open -door policy; his local Committees include all Ad Hoc Committees such as Budget, Airport, Inter - Cities Liaison, and Sister City Association. It is a pleasure to nominate Phil Sansone for re- election." Council Member Turner stated that he would like to echo some of the sentiments expressed by Council Member Hart, as he too, felt that Council Member Sansone has served the City very well during his term as Mayor, as well as the Council Member representing old Corona del Mar, and therefore, deserves another term as Mayor. Hearing no other nominations, the nominations were closed, A roll -call vote: was taken and a unanimous ballot was cast for Council Member Sansone for the office of Mayor. ELECTION OF MAYOR PRO TEM: Council Member Plummer nominated Council Member Turner for re- election of Mayor Pro Tem. Hearing no other nominations, the nominations were closed. A roll -call vote was taken and a unanimous ballot was cast for Council Member Turner for the office of Mayor Pro Tem. COMMENTS BY MAYOR AND MAYOR PRO TEM: Mayor Sansone stated that in the ensuing year, the City Council will be faced with very serious decisions to be made, i.e., 1) selection of new City Manager to replace Robert Wynn, 2) Circulation Build -out Plan of The Irvine Company properties, 3) on -going search for alternate airport, 4) Balboa Bay Club Redevelopment Plan, and 5) Master Plan for lower campus. of Hoag Hospital. In addition, the City may be experiencing a shortfall in revenues which will require some fiscal belt - tightening. Mayor Pro Tem Turner concurred with the Mayor as to the number of mayor issues the City Council will be considering next year. He stated that with respect to the Circulation Build -Out Plan for The Irvine Company properties, (Newporter North, Castaways, etc.), he and Council Member Watt will be conducting an outreach program to explain Volume 45 - Page 341 MINUTES WL LIVA 4ayor Tem Pro �f :t$ wI 0 Motion x All Ayes Motion x All Ayes 0 CITY OF NEWPORT BEACH MINUTES November 25, 1997E those projects to interested residents. He also stated the airport is still an on -going concern to hies and the desire to locate an alternate site. Mayor Sansone presented Certificates of Appreciation for Valuable and Distinguished Service to the City of Newport Beach to: Marine Department Lifeguard John Ruffini, Fireman Mike Novak, and Harbor Patrol "Outstanding Officer" Deputy Gary Gough. Lisa Ackerman of the American Lung Association, was given a Proclamation honoring Christmas Seals Month, December, 1991. B. Reading of Minutes of Meeting of November lit, 1991, was waived, approved as written„ and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the public hearing regarding appeal by Rosemary C. Steinbrecher regarding: A. TRAFFIC STUDY NO. 79 - A request Trfc Stdy to approve a Traffic Study so as 79 to permit the construction of 13,691+ square feet (gross) of additions to Hoag Memorial Hospital; and the acceptance of an Environmental Document; AND B. USE PERMIT NO. 1421(AMRNDRD) - A U/P 1421 request of HOAG MEMORIAL HOSPITAL (A) /Hoag PRESBYTERIAN to expand the Mem Hsptl existing emergency wing of the Emergcy hospital to include; a new service level addition including a new (88) loading dock area; the expansion and renovation of existing emergency room facilities; and the construction of emergency room staff: facilities to include offices, secretary work areas, a classroom, doctors' and nurses' lounge and locker rooms. The proposal also includes improved elevator access to the existing second floor helipad. Location at 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. Report from the Planning Department. Appeal application from Rosemary C. Steinbrecher. Volume 45 - Page 342 a a tar • • 0 0 CITY OF NEWPORT BEACH November 25, 1991. Letters in support of Hoag Hospital's proposed expansion from: West Newport Beach Association, Terry Callahan, Judge James K. Turner (rat.); James P. Blackburn, Michael Howard, Joy Anthony, Ronald L. Merriman and Kathryn L. Merriman, Del M. Reynolds, Sharon Pence, John T. French, Florence P. Holzgraf, Thomas P. Riley, Andrew L. Youngquist, Mike Soucek, Alice Barnes, Millie French, and Homeowners of Villa Balboa. The City Clerk advised that after the agenda was printed, eight additional letters were received regarding the proposed expansion of the Emergency Room, as wall as Hoag Hospital's proposed Master Plan from the following: John and Suzanne P. Chamberlain, 260 Cagney Lana Stop Polluting our Newport (SPON) Cheryl Jaffe, 2010 Steering Committee Hoag Hospital Ross and Belle M. Ribaudo, 260 Cagney Lane Balboa Coves Community Association Karl 0. Bargheer, 840 Newport Center Drive Benjamin B. Wright, 804 W. Ocean Front Warren D. Fix, 15 Torrey Pines Lane John Douglas, Environmental Coordinator, emphasized that the items under consideration by the City Council at this time, i.e., Traffic Study and Use Permit for the expansion of the Emergency Room, are being addressed separate from the Master Plan for Hoag Hospital, tts that is a separate project to be presented to the Council in the early part of next year. The existing Emergency Boom facility is approximately 5700 sq. ft. in size and was originally constructed in 1974 and designed to accommodate a patient load of 18,000 patients per year. In 1990, the volume of patients attended to in the Emergency Room was over 38,000 which is more than double what: the facility was designed to accommodate. The proposed expansion would add approximately 13,700 sq. ft., and was approved by the Planning Commission on October 24, 1991. The two major reasons this project is moving ahead separate from the Master Plan for the hospital, is that: 1) the larger facility is urgently needed to serve the increase In volume of emergency -care patients, and processing this project Volume 45 - Page 343 MINUTES Hoag Mem Hsptl/ Emergcy COUNCIL MEMBERS \ Mt \%\, \`°f • • CITY OF NEWPORT BEACH November 25, 1991 separately would eliminate approximately five months off the processing schedule for the project if it were combined with the Master Plan; and 2) the proposed Emergency Room expansion was evaluated by staff and the Planning Commission, and found not to have any significant environmental impacts directly as a result of this project. Mr. Douglas stated that the appeal application alleges there is not sufficient information for the City Council to make a decision on this matter at this time; however, the staff and Planning Commission believe otherwise. In response to question raised about the loading dock adjacent to the Emergency Room, Mr. Douglas stated that the proposed expansion would actually provide some shielding to the existing loading dock facility, and rather than causing any additional impacts, the project may even reduce some of the impacts. With respect to the screening of mechanical equipment on the roof top, he stated that there will be no new substantial mechanical equipment as a result of the proposed expansion. The screened area will not be as large as the entire footprint of the second story, and will accommodate such things as condensers, vents, etc., all of which currently exist. They are also not anticipating any increase in noise as a result of the expansion of the floor area of the Emergency Room. Michael Stephens, President of Hoag Memorial Hospital, addressed the Council and advised that they accept the findings and conditions recommended by the Planning Commission, and urge a favorable vote by the City Council. He stated the proposed structure does not extend beyond the existing tower building; and therefore, it is not as close to the adjacent residential properties as the' existing tower building. The proposed structure is also directly across from the .tennis courts and, as a result, there are no condominiums directly across from the proposed addition. The loading dock associated with this particular project will be constructed in such a way that any noise emanating from the area will be "baffled" to a degree by means of an incline or cover. The current traffic access pattern will be 'maintained, and the proposed expansion will not have any impact on that traffic utilization. The Emergency Room expansion is urgently needed and they would like to move forward without delay. In response to question raised by Council Member Hart, Mr. Stephens stated that they would be willing to accept a condition requiring that any noise emanating from the mechanical equipment enclosure on the roof top would not exceed 55 decibels at the property line. Volume 45 - Page 344 MINUTES I' Hoag Mem Hsptl/ Emergcy COLKIL MEMBERS "I • • CITY OF NEWPORT BEACH November 25, 1991. In response: to concern about ambulance sirens not being turned off prior to entering the hospital area, Mr. Stephens stated that this has not been a problem in the past:, but that they have issued a telephone number to the neighboring homeowner association to call if someone should have a complaint in this regard. With respect to Council Member Plummer's concern as to the time of deliveries at the loading dock, Mr. Stephens commented that the majority of vendors and suppliers deliver after 7 a.m., and it would be very difficult to establish a definite time for deliveries as well as enforce such a schedule. The loading dock is for dietary purposes, and therefore the perishables are delivered in smaller trucks than the trucks who deliver at the other loading dock. The number of deliveries per day will not increase as a result of the Emergency Room expansion. They have 100 to 125 daily patients in the Emergency Room, 365 days a year. Dubby Evans, III, Vice- President, Development:, addressed the Council and stated that the emergency generators are contained in the power plant and are tested weekly and will not be relocated elsewhere. Baffles were installed over two years ago to attenuate the sound from approximately 76 db to 57 db, and they are now looking at further means of attenuation. With regard to helicopter routes, he stated that currently their heliport is administered by CalTrans authority and FAA, and that the helicopters are used only for medical purposes, and occur mostly during the daytime hours. Mr. Stephens also noted that Hoag Hospital has committed to paying 75% of the cost of extending the landscaped barrier across the service road between the neighbors and hospital property. Dr. Greg Super, 4000 River Avenue, Physician Director of the Emergency Care Unit, addressed the Council and discussed how medical care in the Emergency Room has evolved in the past years. fie stated that because of present technology, as well as physician skills, much more analysis and treatment occurs in the Emergency Room than in the past, and therefore, the patient remains in their care for a longer period of time and also receives a higher level of service. The City Attorney, in clarifying why this issue: was considered separately from Hoag Hospital's Master Plan, referenced his memorandum of November 25, 1991, which stated in part the following: Volume 45 - Page 345 MINUTES Hoag Mem Hspt1/ Emergcy ROLL: CEN1 0 • CITY OF NEWPORT BEACH November 25, 1991 "Separate consideration of the emergency room could violate CEQA guidelines if we were chopping a large project into many little ones to avoid full environmental analysis. However, the Master Plan EIR evaluates the impacts of all development proposed on the site including an expanded emergency room and contemplates the construction 'of more than 700,000 square feet of additional floor area, a project more than 50 times larger than the emergency room expansion. Moreover, the need to expand the emergency room is unrelated to development proposed in the Master Plan. The Emergency Room responds to a community need that is incident related. "The possible cumulative effects of the Emergency Room expansion and the larger project are thoroughly evaluated in the Master Plan EIR. As a general rule, the analysis of cumulative impacts is less detailed than direct project impacts. Since the Master Plan EIR assumes expansion of the Emergency Room, discussion of the 'cumulative impacts' is found in the detailed analysis of direct project impacts. Accordingly, the Hoag Master Plan EIR discusses the combined traffic, air qualityy, noise and aesthetic impacts of tha emergency room expansion and the Master Plan in the context of all proposed development and in more detail than required by CEQA." The City Attorney also stated that considering; this project independent of the Master Plan itself will allow for a little more dispassionate review of the Master Plan. Helen M. Kieron, 3201 Fourth Avenue, Corona del Her, addressed the Council in opposition to the proposal, citing incidents in which she and her family were treated unsatisfactorily at Hoag Hospital. Rosemary C. Steinbrecher, Appellant., 100 Scholz Plaza, addressed the Council in opposition to the proposed expansion. She stated that she, as well as all others residing on the first floor of the Versailles residential'condominium complex will have their views obliterated. She felt that even though this particular aspect of the hospital wishes to expand, she has beentold that Hoag is not full in their in- patient facility, and there. is square footage available without constructing anew Volume 45 - Page 346 MINUTES Hoag Mem Hsptl/ Emergcy W.-M C7 CITY OF NEWPORT BEACH November 25, 1991 building. With regard to use of the helicopter, she was very surprised to hear that it is used for medical purposes only, inasmuch as in past years, she teas observed it being used by many others not in need of emergency care. She felt that the use of the heliport should be analysed and that mitigation needs to be done because of the noise and vibration caused by the helicopters, and due to its location to "dense" residential property. She stated she was strongly opposed to taking the Emergency Room out of the Master Plan consideration, and urged that it be reinstated and heard with the entire hospital master plan. The following persons addressed the Council in support of the proposed Emergency Room expansion: Nora Jorgensen, 1533 Antigua Way Cheryl Jaffe, 57 Baycrest Court, 2010 Steering Committee, Hoag Hospital Vickie Cleary, 21392 Sand Dollar, Huntington Beach, RN, and Emergency Room Coordinator, at Hoag Hospital Bob Pingle, E1.Toro, Paramedic Mary E. Hewett, Head Nurse in the Emergency Care Unit at Hoag Hospital Peter Falk„ Sr. Vice President at Hoag Hospital Donald J. Drake, M.D., 1829 Tahiti Drive, Corona del Mar Jim Dale, 434 Tustin Avenue, co- chairman of 2010 Steering Committee, Hoag Hospital The following persons addressed the Council and indicated they were not a¢ainst Hoaa's Proposal to expand the Emergency Room, but felt that 1) it should be considered, with the Master Plan and not as a separate issue; 2) that the Negative Declaration for this project is insufficient; and 3) that consideration should be given to relocating the Emergency Room to another area on the hospital property rather than adjacent to residential condominiums. Belle Ribaudo, R.N. 260 Cagney Lane (Referenced bar letter dated November 22, 1991) John Chamberlain, 260 Cagney Lane (Referenced his letter dated November 22, 1991) Suzanne V. Chamberlain, 260 Cagney Lane, wife of the above Volume 45 - Page 347 Hoag Mem Hsptl/ Emergcy; COUNCIL MEMBERS • • CITY OF NEWPORT BEACH November 25, 1991 Bill Jennings, 280 Cagney Lane Leon Ninburg, 260 Cagney Lane Ross Ribaudo, 260 Cagney Lane Alex Cormack, 260 Cagney Lane Nearing no others wishing to address the Council, the public hearing was closed. The City Attorney recommended that the following four (4) mitigation measures be added to the approval of the Hoag Hospital Emergency Room Expansion project: 1. Roof top mechanical equipment screening shall not extend closer than 15 feet from the west edge of the structure, and no closer than 10 feet from the edge of the structure on any other side. 2. Noise from roof -top mechanical equipment shall not exceed 55 dBA at the property line. 3. Hoag Hospital shall pay 75% of the cost of planting 30, 24" ficus trees (or the equivalent) in the berm between the service road and Villa Balboa southerly of the tennis courts. Planting shall occur on Villa Balboa property. 4. Use of the heliport/helipad shall be limited to emergency medical purposes or the transportation of critically ill patients in immediate need of medical care not available at Hoag Hospital. Helicopters shall, to the extent feasible, arrive at, and depart from, the helipad from the northeast to mitigate noise impacts on residential units to the -west and south. Council Member Watt reiterated her concern relative to the delivery trucks who will be using the loading dock nearest the Emergency Room, and indicated she wishes there were some way in which the trucks could be limited as to the hours they are allowed to deliver and /or the route they use to gat to the loading dock. Mayor Sansone asked Mr. Stephens if the four mitigation measures cited by the City Attorney were acceptable to the hospital, to which Mr. Stephens replied in the affirmative. Volume 45 - Page 348 INDEX Hoag Mem Hsptl/ Emergcy M:i2:i:12, y �� �f CITY OF NEWPORT BEACH November 25, 1991 Motion x Council Member Plummer stated she hoped that the added mitigation measures recommended by the City Attorney will address some of the concerns of those speakers who gave testimony earlier in the hearing. She was also very happy to see the Emergency Room expansion move ahead at this time because of the existing demands, and therefore, moved to sustain the decision of the Planning Commission, with the four (4) added Mitigation Measures recommended by the City Attorney set forth in the above. Council Member Plummer also requested that Hoag Hospital continue to work with the ambulance companies regarding siren noise when entering the hospital area, and with the delivery trucks to see if something can be done to "soften" the noise at the loading dock. Motion x Council Member Watt stated she has an allegiance to Hoag Hospital for a number of reasons, however, she is concerned that there is not an alternative with less "significant" environmental impact on the adjacent residences, and therefore, moved a substitute motion to overturn the decision of the Planning Commission and consider the Emergency Room issue with Hoag's Master Plan. Council Member Hedges indicated that he agreed with Council Member Watt in the sense that the issue before the Council is "significant ", however, he does not agree with the remarks of the appellant who stated that their property value would decrease approximately 1 million dollars if the Emergency Room is expanded. Also, the Negative Declaration check -list does address public views, and the staff has adequately addressed the screening of mechanical equipment in their report. The flight pattern of the helicopter has also been discussed, and with the additional mitigation measure relating to its use for medical purposes only, the problem should be resolved. Lastly, he did visit the Emergency Room just pidr to thiq evening's meeting and found it full with patients waiting in the hallway. He felt the Environmental Check -list is adequate; the Emergency Room expansion is needed, and therefore, - will support the proposal. Council Member Turner, also speaking in support of Hoag's request, stated that the existing 13,000 sq. ft. Emergency Room in relationship to the existing facility is rather "insignificant" in its total size, and he views this project and the Master Plan as two distinct projects. He also felt that the Negative Declaration is sufficient • and adequately covered the project. Volume 45 - Page 349 MINUTES Hoag Mem Hsptl/ Emergcy CITY OF Nunn BEACH M, '% • Ayes x Noes x- x x x x x Ayes x x x x x x Noes x 2. • Motion x All Ayes Mayor Sansone stated there is no such thing as "private" view under the law as recently reaffirmed by the Superior Court in Orange and San Francisco counties. There are only three conditions in which private view can be protected under the law, and that is 1) a pre - existing ordinance or law, 2) an agreement between two parties, and 3) if it is contained in the homeowner's CC&R's. Following consideration, the substitute motion was voted on and FAILED. The original motion made by Council Member Plummier was voted on and carried. Mayor Sansone opened the public hearing regarding proposed ORDINANCE NO. 91 -44, 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 ALLOW BEAT. ESTATE SIGNS TO EXCEED FOUR (4) FEET IN HEIGHT SO AS TO BE REASONABLY VISIBLE FROM THE STREET (PLANNING COMMISSION AMELO)NENT NO. 727). Report from the Planning Department. It was noted that The City Attorney recently meat with representatives of the Newport -Mesa Association of Realtors to discuss the proposal to amend the Sign Code. The concerns of the realtors related largely to their client's inability to see open house signs when large vehicles are parked in the street adjacent to the property for sale. The proposed amendment will permit open house signs to exceed a height of 4 feet so as to be reasonably visible from the street. Rose Carey, Public Affairs Manager of the Newport -Mesa Association of Realtors, addressed the Council in favor of the proposed amendment to the Sign Ordinance, and submitted a copy of a petition with 200 signatures in support. Hearing no others wishing to address the Council, the public hearing was closed. Notion was made to adopt Ordinance No. 91 -44. In response to concern raised by Mayor Sansone, the City Attorney advised that he is looking into placing restrictions on the size of builder /developer signs, as well as the number of signs allowed to appear on a construction site, and will be bringing a report back to the Council. Volume 45 - Page 350 MINUTES 'ir,a 91 -44 727 r ', � W 3•.. S_ � r Motion All Ayes is • x CITY OF NEWPORT BEACH MINUTES November 25, 1991 E. PUBLIC COMMENTS: Debra Allen, President, Corona del Mar Residents Association, addressed the Council and complimented them on their efforts and the time they volunteer as a Council Member. She also congratulated Phil Sansone upon being re- elected as Mayor and stated their Association is proud to have him as old Corona del Mar's representative. She further extended contratulations to Mayor Pro Tem Clarence Turner. Mayor Sansone referenced the proposed moving of the "sorting" operation at the Corona del Mar post office to the Central facility on Bison Avenue, and stated that to clarify any misunderstanding, the difference in the operation of the post office as a result of moving the sorting division will not affect its customers, with the exception that it will create anywhere from 6 to 8 parking spaces. Council Member Watt expressed her appreciation to those organizations and /or home owner associations, etc., who send her their monthly/bi- monthly newsletters. CONSENT CALENDAR: The following items were approved except those removed from the Consent Calendar: ORDINANCES FOR None. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -109 authorizing Finance/ si His/it AMENDMENT NO. 3 to the JOINT Mayor in accordance with Section Pwrs Agm POWERS AGREEMENT CREATING THE SAN Res 91 -110 Amnd#3 JOAQUIN HILLS TRANSPORTATION 3. CONTRACTS /AGREEMENTS: Res 91 -109 CORRIDOR AGENCY APPROVING THE CITY 1991 -92 C -2548 OF LAGUNA HILLS. [Letter from price of $955,047.20, for 1991 -92 Rcnstr /Re- Transportation Corridor Agencies] (38) (b) Resolution No. 91 -110 authorizing Finance/ an adjustment allowance to the Mayor's Mayor in accordance with Section Adj Alwnc 404 of the Newport Beach City Res 91 -110 Charter. (40) 3. CONTRACTS /AGREEMENTS: (a) Award CONTRACT NO. 2878 to R. J. 1991 -92 Noble Company for the total bid St Misc price of $955,047.20, for 1991 -92 Rcnstr /Re- STREET MISCELLANEOUS RECONSTRUCTION AND RESURFACING srfcg Prg PROGRAM; approve a budget C -2878 amendment; and authorize the Mayor (38) and City Clerk to execute subject contract. [Report from the Public Works Department] Volume 45 - Page 351 X CITY OF NEWPOK BEACH November 25, 1991. 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works for approval in concept and modification of comments (taking into consideration the advance stage of the project), request from BICYCLE TRAMS CITIZENS ADVISORY COMMITTEE to solicit support from CalTrans, the City of Huntington Beach and Senator Marion Bergeson to include bike lanes in the CalTrans project planned for the Pacific Coast Highway in Huntington Beach about May 3.2, 1992. (b) To the Public Works Department for response, request from Villageway Management, Inc., /Big Canyon Community Association to consider CONSTRUCTION OF AN ISLAND WITH TREES PLANTED on San Joaquin Hills Road between Jamboree and MacArthur Boulevard. (c) To Building Department for response, request from Al Palladino for POOL SAFETY WARNING SIGNS. Notes After the agenda was printed, additional letters were received from Al Palladino and Vinnie Palladino. (d) To Revenue Manager /Finance Department and Parks, Beaches and Recreation Commission for reply, request from the Newport Pier Association for USE OF VOIJZY ALL CODRTS regarding series of community events on January 18 and 19, 1992. 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 Company/David Beauchamp alleging property damage to vehicle as a result of being rear -ended by City employee on October 23, 1991, at Pacific Coast Highway and MacArthur Boulevard. (b) David T. Beauchamp (refer to Allstate Insurance Company claim above). (c) Scott Binder alleging damage to windshield of vehicle as a result • of condition of road at Jamboree Road near Ford Road on October 18, 1991. Volume 45 - Page 352 MINUTES PW (74) PW (74) (26) (62) 0 lstate COUNCIL MEMBERS is 0 • x CITY OF NEWPORT BEACH MINUTES November 25, 1991 (d) Sam Lester alleging City beach Lester truck damaged his vehicle's right side mirror on November 2, 1991 while vehicle was legally parked on Balboa Island near Ferry. (e) Lawrence F. Lindeman alleging City Lindeman Police Department damaged ceramic statue at 2318 Naples on October 22, 1991. (f) Delmer D. McCommon alleging McCommon property damage to bathroom as a result of City sewer backup on October 24, 1991 at 2812 Ocean Boulevard. (g) Newport Beach Sport Card Gift and Npt Beach Souvenir Shop alleging property Sport Card damage as a result of City water main break in area of 3400 Via Oporto on October 31, 1991. (h) Mamie Van Boren alleging property Van Doren damage to the oil pan guard on October 13 and 15, 1991, as a result of her vehicle hitting pot hole in street due to construction on Newport Boulevard. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO APPROVE/FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) One Police Sergeant, Police Department. (b) One Police Records Supervisor, Police Department. (c) One Police Records Specialist, Police Department. (d) One Recreation Maintenance Yorker I, Recreation Division. (e) One Beach Maintenance Crew Chief, Field Maintenance Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: None. For Council information and filing: (a) Removed from the Consent Calendar (refer to agenda item 0.1 for City Council action) Vole 45 - Page 353 0 • �� .f CITY OF NEVPIIORT BEACH November 25, 1991 10. PUBLIC HEARING SCHEDULING - December 9, 1991: (a) G tAL PLAN AMENDMENT NO. 91 -3(F) - A proposed amendment to the Housing Element of the General Plan which consists of an analysis and program for preserving assisted housing developments as required by State law. [Report from the Planning Department] (b) CONSTRUCTION OF SIDEWALE/NOTICE OF COST - On the easterly side of 10th Street between Bay Avenue and Balboa Boulevard under the procedure of Chapter 27 of the Improvement Act of 1911. [Report from the Public Works Department) 11. CORONA DEI. MAR WATER LINE AND ALLEY REPLACEMENT PROGRAM (CONTRACT NO. 2850) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., December 19, 1991. [Report from the Public Works Department] 12. ENCROACM09T AGREEMENT /SMITH FAMILY TRUST - Approve an Encroachment Agreement permitting the reconstruction of two existing decorative lamp posts with low voltage light fixtures within the Marine Avenue parkway adjacent to 203 Marine! Avenue; and authorize the Mayor and City Clerk to execute subject agreement and record with the Orange County Recorder. [Report from the Public Works Department] 13. RESUBDIVISION NO. 897/111 -117 23RD STREET - Authorize the City Clerk to release the Faithful Performance Surety and Labor and Materials Surety (cash deposit in the amount of $2,500 each, deposited into Account No. 02- 217 -02 on April 15, 1991, receipt No. 69318). [Report from the Public Works Department] 14. ORANGE COAST COLLEGE (OCC) SAILING AND ROWING BASE WATER MAIN CONSTRUCTION/ PACIFIC COAST HIGHWAY (CONTRACT NO. 2888) - Approve the Project Plans and Specifications for Phase II of the OCC water main installation on Pacific Coast Highway; and authorize the City Clerk to advertise for bids for construction of the project to be opened Thursday, December 12, 1991 at 4:00 p.m. [Report from the Utilities Department] 15. DEMOLITION AND ROUGH GRADING NEWPORT BEACH UTILITIES YARD E%PANSION/PHASE I (CONTRACT NO. 2879 -A) - Approve the Project Plans and Specifications; and authorize the City Clerk to advertise for bids for construction of the project to be opened Thursday, December 12, 1991 at 4:00 p.m. [Report from the Utilities Department] Volume 45 - Page 354 MI14LJTES GPA 91 -3(F) Bay /Bal B1 Sdwlk Cost (74) CdM Wtr Line /Alley Rplcm Prg (38) Permit/ Encrchm (65) (84) 897 Sailg/ Base Expnsn I (38) E 211 n All Ayes Motion All Ayes C 0 a r r.. x X, x CITY OF NEWPORT BEACH November 25, 1991 16. UNDERGROUND UTILITY CONSTRUCTION NEWPORT BEACH UTILITIES YARD EEPANSION/PHASE I (CONTRACT NO. 2879 -B) - Approve the Project Plans and Specifications; and authorise the City Clerk to advertise for bids for construction of the project to be opened Tuesday, December 31, 1991 at 10:00 a.m. [Report from the Utilities Department] 17. SPECIAL EVENTS APPLICATION NO. 91 -437 - Uphold staff Ia recommendation to approve request of MIM'S NIGHTCLUB to open at 6:30 p.m. during the Christmas Boat Parade (December 17 - 25) to allow fundraising parties for CYSTIC FIBROSIS, CANCER RESEARCH, CHILD ABUSE CENTER, BLIND CHILDREN, CITY OF HOPE, NEWPORT CHAMBER, AM) NEWPORT ROTARY, subject to conditions :Listed in the staff report. (Report from Revenue Manager /Finance Department) 18. BUDGET AMENDMENTS - For approval: RA -034, $620,000 - Transfer in Budget Appropriations to provide for award of Contract No. 2878/1991 -92 Street Miscellaneous Reconstruction and Resurfacing Program; General Fund. [Refer to report w /agenda item F -3(a)] G. ITEMS REMOVED) FROM THE CONSENT CALENDAR: 1. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON NOVEMBER 7, 1991. Notion was made to schedule public hearing on January 13, 1992 for Planning Commission Amendment No. 742 - Amendment to Zoning Code regarding location and operation of Massage Establishments within the City, and to receive and file the remainder of the report. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -45, being, AN INTERIM EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING THE ISSUANCE OF ANY PERMITS FOR OR THE ESTABLISHMENT OF NEW TANNING SALONS OPERATING IN CONJUNCTION WITH THE LIVE MODELING OF LINGERIE PENDING COMPLETION OF A PLANNING STUDY. Report from the Assistant City Attorney. Motion was made to adopt Ordinance No. 91 -45. Volume 45 - Page 355 r01M /Utlts d Undrg I Cnstr 2879 -B 1 91 -437 7) 40) (68) 742 (68) 91 -45 m Emeg ROLL • • CITY OF NEWPORT BEACH COLKIL MEMBERS MINUTES November 25, 1991 INDEX I. CONTINUED :BUSINESS: None. J. CURRENT BUSINESS: None. Meeting adjourned at 10:40 p.m. The agenda for this meeting was posted an November 21, 1991 at 8:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ty Mayor Volume 45 - Page 356