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HomeMy WebLinkAbout11/09/1992 - Regular MeetingCITY OF NEWPORT BEACH IT�� �i�yi: r,.. REGULAR COUNCIL MEETING lap, PLACE: 7:00 Council P.M. Chambers TIME: 7:00 P. DATE: November 9, 1992 ROLL CRLL Present x i x I x I x I x I x I x I ROLL CALL Motion A *es Motion All Ayes Motion All Ayes 0 x x x Reading of Minutes of Regular Meeting of October 26, and Special Meeting of October 30, 1992 was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. PUBLIC HEARINGS 1. Mayor Sansone opened the public hearing concerning COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY (CHAS) ONE YEAR ACTION PLAN FOR FY 1992 -93. Report from the Planning Department. Craig T. Bluell, Principal Planner, noted in his report that the proposed "Investment Plan" in the one year action plan identifies the use of approximately 8343,000 in CDBG funds administered by the City, and 8796,000 in Section 8 Rental Assistance funds administered by the Orange County Housing Authority to assist very low and lower income households in Newport Beach during the next fiscal year. This includes repayment of the Section 108 loan, social service funds, funds to assist the development of new low income housing, and Section 8 rental assistance for 125 households. This level of proposed assistance is entirely a function of the Federal government's funding of the Section 8 rental assistance program and the CDBG program. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to authorize the City Manager to submit the one year action plan of the approved five year Comprehensive Housing Affordability Strategy (CHAS) to the U.S. Department of Housing and Urban Development (HUD) as required to receive Community Development Block Grant (CDBG) Funds. Mayor Sansone opened the public hearing regarding: A. Ordinance No. 92 -45 (Plannine Commission Amendment No. 771) - Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to amend portions of Districting Maps Nos. 2 -6, 9 -11, 13 -19, 21, 22, 22 -A, 23 -27, 30, 32, 37, 38, 41, 42, 44, 48 -50, 60, 61, 65 -67 thereby changing the zoning districts of specific parcels throughout the Volume 46 - Page 360 MINUTES FY 1992- 93 (E7) 94) 92 -45 771 1' I��1 V- I . • • CITY OF NEWPORT BEACH \ \\ November 9, 1992 City, and create consistency between the Districting Maps, Chapter 20.33 of the Zoning Code and the General Plan Land Use Element amendments approved on October 24, 1988; AND B. Ordinance No. 92-46 (Planningt Commission Amendment No. 772) - Request to consider an amendment to :title 20 of the Newport Beach Municipal Code so as to amend Chapters 20.01, 20.06, 20.68, 20.70, and 20.74 to add references to the Retail Service Commercial (RSC), Administrative, Professional, & Financial Commercial (APF), and Recreational & Marine Commercial (RMC) zoning districts; AND C. Ordinance No. 92 -47 (Plana Commission Amendment No. 774) - Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to amend Chapter 20.33 (Commercial District Regulations) to permit free- standing ancillary commercial uses in the Administrative, Professional, and Financial Commercial (APF) District; to amend Chapters 20.68 and 20.79 to provide consistent use of the terms "accessory" and "ancillary;" and to amend Chapter 20.87 to add a definition for the term "use - ancillary." Report from the Planning Department. Patricia Temple, Advance Planning Manager, summarized the purpose of the proposed three ordinances as enumerated on page 3 of the staff report, and pointed out that the adoption of the new zoning districts and the Residential Overlay in 1990 established consistency between the revised General Plan and the Zoning Code. Applying these zoning districts and the Residential Overlay to individual properties with Amendment 771 is the final step in the process to implement the 1988 general plan amendments. Amendments 772 and 774 are intended to correct minor textural inconsistencies and ambiguities that were identified during this process. At the September 24 meeting of the Planning Commission, they voted to recommend approval of the above three amendments; however, the Commission's action included removal of two commercial areas from Amendment 771. These areas are located on the south side of Westcliff Drive between Irvine Avenue and Buckingham Lane and near the southeast corner of the intersection of Irvine Avenue and Bristol Street. These areas were slated for classification to the Volume 46 - Page 361 MINUTES (94) (94) 92 -46 772 92 -47 774 CITY OF NEWPORT BEACH COLKIL MEMBERS s, 'v S�, X\\ November 9. 1992 �I a.. • Motion All Ayes • Motion All Ayes • x APF District. However, due to the concentration of retail commercial uses in these areas, it was decided to remove these areas from Amendment 771 for possible general plan amendments. The general plan amendment for these areas was initiated by the City Council on October 26, 1992. Hearing no one wishing to address the Council the public hearing was closed. Motion was made to adopt Ordinance Mos. 92 -45; 92 -46; and 92 -47. 3. Mayor Sansone opened the public hearing concerning PLANNING COMMISSION AMENDMENT No. 776, Proposed Ordinance No. 92 -50 - Request to consider an amendment to Title 20 of the Newport Beach Municipal Code so as to revise Chapter 20.74 ADULT ENTERTAINMENT BUSINESSES, that will regulate the location or operation of traditional businesses which offer adult entertainment. Report from the Planning Department. It was noted in the staff report that the proposed ordinance recommends revisions to the zoning code that will regulate the location or operation of traditional businesses which offer adult entertainment. The proposed ordinance will also include "adult businesses" and "adult novelty stores" as additional defined adult entertainment uses and will limit such uses to the same location restrictions and specified commercial districts as other adult entertainment uses. The definition of "Adult Novelty Store" has been revised by the Assistant City Attorney as requested by the Planning Commission. The amended definition provides that any business which dedicates more than one- third of its total floor area to adult merchandise, be considered an "Adult Novelty Store ". Hearing no one wishing to address the Council, the public hearing was closed. Notion was made to adopt Ordinance No. 92 -50. 4. Mayor Sansone opened the public hearing concerning: A. General Plan Amendment No. 89 -2(H) - Request to amend the Land Use Element of the General Plan so as to redesignate property at 124 Marine Avenue from "Retail and Service Commercial" (RSC) to "Governmental, Educational and Institutional Facilities" (GEIF) and property located at 323 Marine Avenue from GEIF to BBC. The proposal also includes the acceptance of an environmental document; ffd� Volume 46 - Page 362 MINUTES Drd 92 -50 Zoning PCA 776 (94) GPA 89 -2 (H) 124 Mari_ Ave (45) • CITY OF NEWPORT BEACH MINUTES November 9, 1992 u;a B. Local Coastal Program Amendment LCPA 19 No. 19 - Request to amend the Local Coastal Program Land Use Plan so as to redesignate property at 124 Marine Avenue from "Retail and Service Commercial" (RSC) to "Governmental, Educational and Institutional Facilities" (GEIF) and property located at 323 Marine Avenue from GEIF to RSC; located on Lots 17 and 18, Block 2, Section 4, Balboa Island, located at 124 Marine Avenue, on the southeasterly corner of Marine Avenue and Park Avenue (new fire station site); and Lot 25, Block 13, Section 4, Balboa Island, located at 323 Marine Avenue, on the westerly side of Marine Avenue, between Balboa Avenue and North Bay Front (existing fire station site) on Balboa Island; zoned C -1; im C. Platmina Commission Amendment No. PCA 750 750 - Request to amend a portion of Districting Map No. 14 so as to reclassify the subject property from the C -1 District to the GEIF District; AND D. Use Permit No. 3436 - Request to U/P 3436 permit the establishment of a new fire station facility on property proposed to be rezoned to the GEIF (Government, Educational, Institutional Facilities) District. The proposed project would also include the construction of public rest room facilities within the same building; AND Resubdivision No. 976 - Request to 'Resub 976 rasubdivide two existing lots into a single parcel of land so as to establish a building site for a new fire station facility on Balboa Island; AND F. Variance No. 1182 - Request to Vari permit construction of the 1182 finished first floor of the proposed fire station below the base flood elevation; AND G. Variance No. 1185 - Request to Vari permit the average roof height of 1185 they proposed fire station clock tower to be built at 36.5 feet, which would exceed the 35 -foot height limit by 1.5 feet; located on lots 17 and 18, Block 2, Section 4, Balboa Island, located Volume 46 - Page 363 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH November 9, 1992 at 124 Marine Avenue, on the southeasterly corner of Marine Avenue and Park Avenue (new fire station site), on Balboa Island; zoned C -1'. Report from the Planning Department. Letters from Lois A. Collins and Vincent M. Fennelly in favor of the new fire station. The City Clerk advised that after the agenda was printed, two letters were received in opposition to the new fire station from Carol Deputy, 110 Marine Avenue, and Concerned Citizens of Balboa Island. John Douglas, Principal Planner, gave a brief history of the actions taken thus far relative to this project as set forth in the staff report. He noted that the staff report also contains a detailed analysis of the issues raised by staff and the community concerning the proposed project. As a result of public comments voiced at the Planning Commission hearings, the Commission placed the following three additional conditions on the Use Permit for the new fire station: 15. The Fire Department shall minimize noise disturbance by avoiding the use of sirens and backup warning devices in residential areas to the greatest extent possible in consideration of legal requirements and safety concerns. 16. Fire Department vehicles shall avoid using the alley between Marine Avenue and Grand Canal to the greatest extent possible in order to minimize noise impacts on adjacent residences. 17. Hours of operation for the public restrooms shall be 8:00 a.m. to 10:00 P.M. Mr. Douglas stated it was the opinion of the Planning Commission that the above conditions adequately address the remaining concerns of the community regarding potential adverse impacts. Mr. Douglas further noted that as discussed in the October 22 report to the Planning Commission, two of the primary issues raised at the public hearings were the timing of the City's CEQA review and the adequacy of the Negative Declaration, which he summarized. In addition, he noted that the existing fire station is under a deadline of January 1994 in order to either close the station or remodel it Volume 46 - Page 364 MINUTES E, W, GPA 89 -2(H • r� U • CITY OF NEWPORT BEACH COUNCIL MEMBERS \ \\ November 9, 1992 to comply with current earthquake codes. Due to the size of the lot and the size of the existing fire station, structural modifications are not feasible at the existing site, and therefore, the station would need to be moved to another location. In response to question raised by Council Member Hedges regarding whether a fire station is really necessary for protection on Balboa Island, Fire Chief Riley stated that on September 22, 1992, this question was answered in a comprehensive report to the City Council at their study session meeting. The report addressed three key issues: 1) whether or not there was a need for a fire station on Balboa Island, 2) whether to remodel the existing fire station site or relocate to the new site, and 3) the required size of the facility. As a result of that report and the response time studies presented at that meeting, it was the opinion of the City Council, as well as his professional opinion, that in order to provide adequate levels of service to the community of Balboa Island, it is incumbent upon having a fire station on the Island due to the unique problems associated with traffic congestion related to Marine Avenue and the bridge. The following persons addressed the Council in opposition to the proposed new fire station: Debbie Sadler, 125 Grand Canal, showed a brief video which she stated graphically illustrated the inadequacies of the Negative Declaration relative to traffic congestion on Marine Avenue. Mike Sullivan, 121 Marine Avenue, stated that 748 of the fire department emergency calls are off the Island; the existing fire station should be remodeled rather than construct a new station at another location; the proposed public restrooms would be in a more appropriate location if constructed at the current fire station site; the proposed fire station will cause a great impact on parking; the Negative Declaration is inadequate, and the City would save approximately $1 million in tax payers' monies if a new fire station is constructed at the present location. Robert C. Lewis, 116 Marine Avenue, stated he objected to the proposed hours of operation of the public restrooms (8:00 a.m. to 10 p.m.) and felt that inasmuch as most of the businesses on Marine Avenue close at 6 p.m., the restrooms should close nearer to that time. volume 46 - page 365 INDEX 89-2(H-, �o� .f CITY OF NEWPORT BEACH November 9, 1992. Volume 46 - Page 366 MOM GPA 89 -2(H Tom Sullivan, 121 Marine Avenue, stated he felt that more parking problems will be created as a result of the public restrooms at the proposed fire station, and • that an ordinance should be enacted prohibiting the loading or unloading of passengers in the alley adjacent to the proposed fire station to help out the Grand Canal residents. He submitted additional letters in opposition to the proposed fire station as well. as a file he had kept on the proposed fire station issue, and stated that no where in the file does: it present a rationale for a new fire station at a location different than where the current station exists. Ellis Morcos, 122 Marine Avenue, representing Concerned Citizens of Balboa Island, referenced his letter of November 7, 1992 to the City Council regarding their appeal of the decision of the Planning Commission because it failed to address the issues that were presented on October 22 and ignored the concerns of all the speakers and impacted residents. They also felt that if the City is concerned about public restrooms on the Island, then it should • enact and enforce City and health ordinances that would require businesses to provide access to their facilities. In response to the comments and letter from the above speaker, the City Attorney advised that the City Council must make the same findings at this meeting that it would on an appeal, so in essence, there is no need for an appeal. With regard to the restrooms causing a nuisance to residents in the area, he stated this is not a residential zone so their objections are not applicable. The following persons addressed the Council in support of the proposed fire station: Steve Bromberg, President, Little Balboa Island, stated their association is in favor of the new fire station as they felt it is very much needed in the community; Balboa Island is a highly dense area and many of the residents are elderly; and even though 748 of • the calls may be off the Island, 261: are on the Island and that should be the issue. Volume 46 - Page 366 MOM GPA 89 -2(H Elk! • • CITY OF NEWPORT BEACH November 9, 1992 Betty Fellinge, 309 Grand Canal, stated that the existing fire station is a "high- hazard" building and not safe in the event of a major earthquake, and urged the Council to consider the protective needs of safety, health and property for the entire Balboa Island as the priority to be considered without further delay. John Morley, 126 Onyx, stated he lives one block from Marine and Park. Avenues; that the City should have an adequate fire station on the Island, and recommended the Council proceed with the plans for a new fire station at the proposed location. Ralph Rodheim, 311 Onyx, President, Balboa Island Improvement Association, commended Fire Chief Riley for involving the community in the new fire station process, and stated that the Association overwhelmingly supports the proposed new fire station. Bob McCaffrey, 1410 S. Bay Front, stated he does not have an "ax to grind" either way, nor does he believe many people really care about the new fire station. He felt that public input should have been given prior to the purchase of the new fire station site rather than afterwards; he also felt that more people are in support of the fire station than opposed; and further, he felt that there should have been an independent opinion of whether a new fire station is really needed. Hearing no one wishing to address the Council, the public hearing was closed. Council Member Hedges stated that he agrees with most people that a new fire station is needed on Balboa Island; however, one thing he did request and has not yet received, is a reply to whether or not "a brand new fire station could be built on the existing site which could serve Balboa Island now and into the future ?" Fire Chief Riley commented that he outlined this subject in his report to the City Council on September 22 at a study session meeting, and that it was also discussed before the Planning Commission. He stated there are basically two issues dealing with utilisation of the existing site: 1) the ability to remodel the existing fire station, or 2) build on the existing site following demolition of the present fire station. The existing fire station was constructed in 1931 as a fire and police substation. It was designed to Volume 46 - Page 367 MINUTES GPA 89 -2(H • • Motion • �, s i�-i•r.. X CITY OF NEWPORT BEACH November 9, 1992 accommodate one fire engine and one police car on a daytime usage basis and had no planned living space for overnight firefighters. It is a single story structure 1,108 square feet in size and situated on a 2,250 square foot lot. It: currently has off street parking for three employee vehicles, and due to the small size of the engine room and door opening, they have had to purchase specially designed custom fire engines to fit in it; it is not large enough to accommodate a standard fire engine. The smaller engines hold less water and equipment; resources that could be essential if backup units are delayed getting onto the Island. The Fire Department has identified minimum requirements for the new fire station. They aria an apparatus room to accommodate two pieces of fire apparatus, living accommodations for four persons, off street parking for four vehicles, an exercise area for physical fitness, a maintenance shop for the repair and testing of all of the breathing apparatus and handicapped accessible public restrooms. Because of the limited size of the lot, they could not meet the off street parking, public restrooms and apparatus floor requirements on the ground floor. The door opening along for the apparatus floor would take up 25 feet of the 30 foot width. They also would not be able to fit in a standard entrance door or restroom access. One of the reasons the new fire station is far preferential to the existing site, is that they can better service the Island in all cases of traffic patterns. Council Member Watt stated she felt there are three items to consider at this time: 1) CEQA, 2) are the conditions imposed by the Commission. adequate or can they be changed if deemed appropriate, and 3) is it a legitimate progress project given the certain funding problems the City is currently facing and its priorities. She stated that after having watched the public participate in this matter, she felt they should be congratulated for their input and interest. With regard to the condition imposed relative to the restroom hours, she would suggest they be closed at 9:00 p.m. rather than 10:00 p.m., and pertaining to whether or not this is a legitimate project and really needed, she stated that Balboa Island is a very particular situation that the City cannot really provide for adequately without a new fire station, and therefore, she moved to approve the following: (a) Adopt Resolution No. 92 -125, approving the revised Negative Declaration and adopting General Plan Amendment No. 89 -2(H) amending the Land Use Element of the General Plan so as to redesignate the property at 124 Marine Avenue from "Retail and Volume 46 - Page 368 DRDW3-1 GPA 89 -2(H 92 -1; ii!�ti;1t CITY OF NEWPORT BEACH November 9, 1992 Service Commercial" (RSC), to "Governmental, Educational, and institutional Facilities" (GEIF) and the property located at 323 Marine Avenue from GEIF to RSC; and (b) Adopt Resolution No. 92 -126 adopting Local Coastal Program Amendment No. 19 amending the Local Coastal Program Land Use Plan so as to redesignate the property at 124 Marine Avenue from "Retail and Service Commercial" (RSC) to "Governmental, Educational, and Institutional Facilities" (GEIF) and the property located at 323 Marine Avenue from GEIF to RSC; and (c) Adopt Ordinance No. 92 -49, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 14 SO AS TO RECLASSIFY THE PROPOSED FIRE STATION PROPERTY LOCATED AT . 124 MARINE AVENUE FROM THE C -1 (LIGHT COMMERCIAL) DISTRICT TO THE GEIF (GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES) DISTRICT (PLANNING COMMISSION AMENDMENT NO. 750); and (d) Sustain the action of the Planning Commission and approve Use Permit No. 3436 with the findings and subject to the conditions imposed by the Commission, including the additional Conditions No. 15, 16 and 17; and change Condition No. 17 - restroom closing hours to 9:00 p.m. , rather than 10:00 p.m. ; (e) Sustain the action of the Planning Commission and approve Resubdivision No. 976 with the findings and subject to the conditions imposed by the Commission; and (f) Sustain the action of the Planning Commission and approve Variance No. 1182 with the findings and subject to the conditions imposed by the Commission; and (g) Sustain the action of the Planning Commission and approve Variance No. 1185 with the findings and subject to the conditions imposed by the Commission. Volume 46 - Page 369 11001ig I( (Iki Res 92 -126 92 -49 750 AI Ayes Motion All Ayes • 0 r is r a•.. X CITY OF NEWP0RT BEACH MINUTES \ \\ November 9, 1992 Council Member Hedges requested the maker of the motion to change the closing of the restrooms to 7:00 p.m. rather than 9:00 p.m., to which Council Member .Watt indicated she had no objection. The motion, as amended, was voted on and carried. PUBLIC COMMENTS None. CONSENT CALENDAR. The following items were approved, except for those items removed from the Consent Calendar: ORDINANCES FOR INTRODUCTION - Pass to second reading on November 23, 1992: 5. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 6. Removed from the Consent Calendar. 7. Resolution No. 92 -128 supporting the PW /Irvn Av submittal of an application by the Bkwy Fndg Orange County Environmental Management Res 92 -128 Agency (OCEMA) to the Orange County (74) Transportation Authority (OCTA), CalTrans, and the California Transportation Commission (CTC) for funding under the Proposition 116 Bicycle Program for the construction of the IRVINE AVENUE REGIONAL BIKEWAY IN NEWPORT BEACH. [Report from the Public Works Department] 8. Removed from the Consent Calendar. 9. Removed from the Consent Calendar. (CONTRACTS /AGREEMENTS 10. Approve TENTATIVE AGREEMENT with the M -O -U/ Newport Beach Professional and Technical P &TEA Employees Association (Contract No. C -2051 2051). [Report from the City's (38) Negotiating Team] 11. Approve TENTATIVE AGREEMENT with the -O -U/ Newport Beach City Employees Association NBCEA (Contract No. 2059). [Report from the C -2059 City's Negotiating Team] (38) STAFF AND COMMISSION REPORTS For Council information and filing: 12. Report from the Planning Department to Planning the City Manager regarding the PLANNING (68) COMMISSION ACTIONS OF OCTOBER 22, 1992. PUBLIC HEARING SCHEDULING - November 23, 1992: 13. Removed from the Consent Calendar. Volume 46 - Page 370 • • Mo• All Ayes CITY OF NEWP0RT BEACH November 9, 1992 14. CITY COUNCIL TRAVEL EXPENSE - Approve Council Member Plummer's travel expense of $240 and Council Member Hart's travel expense of $390 while attending the League of California Cities Annual Conference in Los Angeles, October 11 and 12, 1992. 15. GENERAL PLAN AMENDMENT NO. 92 -3 - Report from the Planning Department with request to initiate an amendment to the Newport Beach General Plan for: D. CENTRAL BALBOA: Consideration of an amendment to the Land Use Element of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan to revise the permitted building floor area ratios and /or building bulk limitations in the Central Balboa Specific Plan area. 16. SPECIAL EVENTS APPLICATIONS - Uphold staff's recommendation to approve the following application subject to conditions in the staff report from the Revenue Manager: Application No. 92 -428 - Authorize issuance of permit to Nina's to operate facility located at 3388 Via Lido 0300, from 6:30 to 8:30 p.m., during the Christmas Boat Parade Event (December 17 - 23, 1992). 17. BUDGET AMENDMENTS BA -010, $90,000 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance to provide for correction to P.O. 37913, which was issued in the amount of $385,000 for CONTRACT NO. 2687(ROCEY POINT RETAINING WALL) which was awarded in the amount of $475,000 (difference of $90,000 to be appropriated to the project for completion); General Fund- Capital Projects. ITEMS REMOVED FROM THE CONSENT CALENDAR: Agenda Item No. Report from the Parks, Beaches and Recreation. Director regarding proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 11.04.030 TO CHAPTER 11.04 OF THE NEWPORT BEACH MUNICIPAL CODE RESTRICTING THE HOURS OF NIGHT USE OF CITY PARES. Notion was made to refer the subject document to the City Attorney for legal review and report back on November 23, 1992. Volume 46 - Page 371 MINUTES Council Travel Expense (33) GPA 92 -3 (45) Rev /LicnsE (27) 92 -42E 184114 • Motion All Ayes Motion All Ayes n #Ay es 0 s. X x CITY OF NEWPORT BEACH MINUTES November 9, 1992 INDE)f 13. APPEAL APPLICATION OF DONALD F. I'NSLEY U/P 3460 concerning USE PERMIT NO. 3460 - Request Insley to operate laundromat in the Cannery (88) Village/ McFadden Square Area Specific Plan. The City Clerk advised that Newcomb Res 92 -12_ Development had withdrawn their request for Use Permit No. 3460: and therefore, rfc /OPr *i+ the hearing for November 23, 1992 was Sktbds not necessary. (95) In view of the foregoing, motion was made to accept the withdrawal of Use Permit No. 3460. 6. Report from the Police Department inane /Fe4 recommending adoption of proposed Juvenile resolution establishing a fee for rrfc Sfty attendance at Newport Beach Police is Department: JUVENILE TRAFFIC SAFETY CLASSES. (40) Notion was made to increase the administrative fee to $25 for traffic safety classes and adopt Resolution No. es 92 -127 92 -127. B. Report from the Parks, Beaches and PB &R /Amer Recreation Director regarding proposed Legn Pkg resolution designating the public park (62) turf adjacent to the AMER CAN LEGION facility its a parking area for 12 events per year. Notion was made to revise Condition No. 3 to read: "In the opinion of the Parks, Beaches and Recreation Director, the use of the site for vehicle parking would be detrimental due to inclement weather ", and to adopt Resolution No. Res 92 -12_ 92 -129 as amended. Report from Public Works /Traffic rfc /OPr *i+ Engineering regarding proposed Sktbds resolution prohibiting the use of (95) SKATEBOARDS ON THE OCEAN FRONT SIDEWALK. The City Clerk advised that after the agenda was printed, a letter was received from Marianne 2ippe in opposition to the proposed ban of skateboards on the Ocean Front boardwalk It was noted in the staff report that the City Council had discussed this issue at their study session of September 28 and October 26, citing concerns relative to property damage caused by skateboards, as well as injuries to others using the Ocean Front sidewalk. The proposed resolution prohibits the use of skateboards on the Ocean Front sidewalk at any time. The following persons addressed the Council in opposition to the ban of skateboards on the Ocean Front sidewalk: BiLl Carney (no address given) Va:Lerie Sexton, 211 39th Street Chuck Hults, 131 E. Wilson, Costa :Mesa Volume 46 - Page 372 Motion 0 Ayes Noes 01 CITY OF NEWPORT BEACH XIXIXIXIXIXIX November 9, 1992 B.G. Fratantaro, 1229 W. Balboa Blvd. Jay Sullivan, 1627 W. Balboa Blvd. It was felt by the above opponents that banning skateboards on the Ocean Front sidewalk is unfair and that bicycles and rollerblades should also be included in the proposed ban; that prohibiting skateboards will not solve the problem of public safety which needs further study; the streets will be more congested if the ban is approved; the least percentage of people using the Ocean Front walk are skateboarders; and that bicycles and rollerblades are a much higher liability than skateboards. Tom Hyans, 217 19th Street, spoke in support of the proposed ban, stating he felt the Ocean Front sidewalk should be for pedestrians only as it is very difficult to enjoy a walk along the sidewalk because of bicyclists, skateboarders and rollerbladers. He also emphasized the amount of property damage done in the McFadden Square area by skateboards. Council Member Plummer stated that the Ocean Front sidewalk is obsolete as to its construction inasmuch as it was built in the 1930's when the population was much less than today. However, until the City is financially able to construct another sidewalk to accommodate the many recreational uses along the Ocean Front, the City is going to have to start "rationing and making some discriminations." When the City banned the three - wheeled bicycles along the Ocean Front it was because they were too big. The proposed resolution includes 12 sites where skateboards are already prohibited due to the sidewalks in those areas being too small to carry pedestrians, etc. This summer over 200 citations were issued to skateboarders, and this is just another reason the City is considering the ban on skateboards along the Ocean Front sidewalk. In view of the foregoing comments, motion was made to adopt Resolution No. 92 -130 prohibiting the use of skateboards on the Ocean Front sidewalk. In response to comments made by Council Member Hedges, the City Attorney advised that the issue under consideration is whether or not to ban skateboards along the Ocean Front sidewalk because it represents some incremental increase in potential :Liability along the boardwalk. He does not think the City Council can make judgments, without additional information, as to whether or not there would be a measurable decrease in potential liability if the City were to ban bicycles, rollerbladers, and the like. The motion was voted on and carried. Volume 46 - Page 373 MINUTES 92 -130 • Motion All Ayes n yes • ,nip iar •..� x CITY OF NEWPORT BEACH MINUTES \ \\ November 9, 199;! x ORDINANCES FOR ADOPTION 18. Proposed ORDINANCE NO. 92 -48, being, AN ORDINANCE OF THE CITY COUNCIL St /C OF THE CITY OF NEWPORT BEACH (85) AMENDING SECTION 12.52.060 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE GRANT STREET BETWEEN COAST HIGHWAY AND CANAL STREET AS ONE -WAY NORTHEASTERLY. Recycled report dated October 26, 1992, from Public Works /Traffic Engineering. Notion was made to adopt Ordinance No. 92 -48. 19. Report from the Planning Department concerning; proposed resolution and appointments to the OLD NEWPORT BOULEVARD SPECIFIC AREA PLAN AD HOC COMMITTEE. Jerry Tucker, Chairman, Old Newport Boulevard Property Owners Association, addressed the Council and stated that it is the request of Delores Bowles that she be appointed an alternate to the subject committee, rather than what was originally recommended by their Association. Notion was made to adopt Resolution No. 92 -131, establishing subject ad hoc committee, appointing Council Members Evelyn Hart and John Hedges, and the following: Ian Fettes, Property owner /Old Newport Blvd. Specific Area Plan area; Albert Irwin, Property owner /Old Newport Blvd. Specific Area Plan area; Brion Jeannette, Alternate Owen Kinney, Property owner/ Business owner in Old Newport Blvd. Specific Area Plan area; Jerry Tucker, Property owner/ Business owner in Old Newport Blvd. Specific Area Plan area; Greg Schwenk, Alternate Carl Carver, Property owner/ resident of the Old Newport Blvd. Specific Area Plan area; George Baker, Property owner /resident of the Old Newport Blvd. Specific Area Plan area; Delores Bowles, Alternate Property owner /resident adjacent to Old Newport Boulevard, to be named at later date. Volume 46 - Page 374 Mi 1XI 92 -48 Old Npt B1 SAP /Ad Hoc (24) Res 92 -131 ROLL CRLL • Motion x All Ayes Motion x All Ayes • CITY OF NEWPORT BEACH November 9, 1992 CURRENT BUSINESS, 20. Request from RUBY'S/NEWPORT BEACH LIBRARY FOUNDATION for approval of use of Balboa Pier and Sound Amplification Permit for Sunday, December 6, 1992 in connection with Ruby's 10th Anniversary /Fund Raiser event. Report from Revenue Manager. It was noted that the applicant has requested use of amplified sound from 12:00 noon to 6:00 p.m., and restricted access from 9:00 a.m. to 6:00 p.m. on December 6, 1992 for .Ruby's 10th Anniversary fundraiser on Balboa Pier. The event has been investigated by Fire, Police, Traffic and Marine departments, and it is recommended for approval, subject to conditions set forth in the staff report. Notion was made to approve the request, subject to conditions outlined in the staff report. Motion was made. to adjourn to closed session to review pending litigation at 9:00 p.m. The meeting reconvened at 10:15 p.m. and adjourned in memory of Charles Sword, Member of Library Board of Trustees, who passed away on October 31, 1992. The meeting further adjourned to 1:00 p.m., November 23, 1992 for seating of new City Council and election of Mayor and Mayon Pro Tem. * * * * Yr * * * * * * * * The agenda for this meeting was posted on November 5, 1992 at 8:30 a.m., on the City Hall. Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: J 6 Or Volume 46 - Page 375 MIINJTES Rev /Financ (27)