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HomeMy WebLinkAbout02/28/1994 - Regular MeetingCOUNCIL MEMBERS ROLL CRLL s CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING \ PLACE: Council Chambers TINE: 7:00 P.N. DATE: February 28, 1994 • Present X X X X X X Absent X Motion Ayes Abstained Motion All Ayes Motion All Ayes 0 • Prior to the Pledge of Allegiance, the City Council received a presentation by two young girl students from Orange County in recognition of Celebration U.S.A. end the honoring of the American Flag. Mayor Turner presented a Proclamation to Chris Fielder in recognition of March as Red Cross Month. Mr. Fielder presented the Mayor with a Red Cross Flag to be flown during the month of March. ROLL CALL. Reading of Minutes of Nesting of February 14, 1994, 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. The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION Schedule for public hearing on March 14, 1994: 1. Removed from the Consent Calendar. 2. Removed from the Consent Calendar. 3. Proposed ORDINANCE M0. 94 -14, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AMENDING DISTRICTING NAP NO. 3, SO AS TO ESTABLISH A 20 FOOT FRONT YARD SETBACK ON 12 LOTS (11 PARCELS) ADJACENT TO THE RIVO ALTO CHANNEL (PUNNING COMMISSION AM MMENT NO. 792). [Report from .Planning Department] RESOLUTIONS FOR ADOPTION 4. Resolution No. 94 -12 establishing NO PARKING RESTRICTIONS FOR STREET SWEEPING from 8:30 a.m. to 12:30 p.m., on Monday on GRANT STREET between Seashore Drive and Oceanfront. [Memorandum from Traffic Affairs Committee] 5. Resolution No. 94 -13 establishing two 30- minute PARKING SPACES, effective 7 a.m. to 6 p.m. daily, at 3244 EAST COAST HIGHWAY IN CORONA DEL MAR. [Memorandum from Traffic Affairs Committee] 6. Removed from the Consent Calendar. CONTRACTS AND AGREffiNTS 7. HAZEL DRIVE WATER AHD SEWER AND STREET RECONSTRUCTION CONTRACT NO. 2892 - Award contract to Gillespie Construction, Inc. [Report from Utilities Department] Volume 48 - Page 55 MINUTES INDEX Ord 94 -14 Zoning (94) PCA 792 No Parking Rstrctns Res 94 -12 (85) Parking Res 94 -13 (85) Hazel Dr Wtr /Swr St Rcnstr C -2892 (38) X X X X X X X X X Prior to the Pledge of Allegiance, the City Council received a presentation by two young girl students from Orange County in recognition of Celebration U.S.A. end the honoring of the American Flag. Mayor Turner presented a Proclamation to Chris Fielder in recognition of March as Red Cross Month. Mr. Fielder presented the Mayor with a Red Cross Flag to be flown during the month of March. ROLL CALL. Reading of Minutes of Nesting of February 14, 1994, 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. The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION Schedule for public hearing on March 14, 1994: 1. Removed from the Consent Calendar. 2. Removed from the Consent Calendar. 3. Proposed ORDINANCE M0. 94 -14, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AMENDING DISTRICTING NAP NO. 3, SO AS TO ESTABLISH A 20 FOOT FRONT YARD SETBACK ON 12 LOTS (11 PARCELS) ADJACENT TO THE RIVO ALTO CHANNEL (PUNNING COMMISSION AM MMENT NO. 792). [Report from .Planning Department] RESOLUTIONS FOR ADOPTION 4. Resolution No. 94 -12 establishing NO PARKING RESTRICTIONS FOR STREET SWEEPING from 8:30 a.m. to 12:30 p.m., on Monday on GRANT STREET between Seashore Drive and Oceanfront. [Memorandum from Traffic Affairs Committee] 5. Resolution No. 94 -13 establishing two 30- minute PARKING SPACES, effective 7 a.m. to 6 p.m. daily, at 3244 EAST COAST HIGHWAY IN CORONA DEL MAR. [Memorandum from Traffic Affairs Committee] 6. Removed from the Consent Calendar. CONTRACTS AND AGREffiNTS 7. HAZEL DRIVE WATER AHD SEWER AND STREET RECONSTRUCTION CONTRACT NO. 2892 - Award contract to Gillespie Construction, Inc. [Report from Utilities Department] Volume 48 - Page 55 MINUTES INDEX Ord 94 -14 Zoning (94) PCA 792 No Parking Rstrctns Res 94 -12 (85) Parking Res 94 -13 (85) Hazel Dr Wtr /Swr St Rcnstr C -2892 (38) VIANCIN • • 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ly, Cow Y9 February 28, 1994 8. INTERIM BIASS GRADING AND STORM DRAIN URIACATION PROJECT CONTRACT NO. 2979 - Award contract to Southern California Sandbags. [Report from Utilities Department] 9. CLAIMS - For Denial by the City Manager Peter Ebel alleging City Police vehicle backed into claimant's vehicle on Seashore Drive on October 17, 1993. Hertz Corp., alleging vehicle damage as a result of collision with City Police vehicle at First Avenue east of Bush Street, Santa Ana Avenue on September 7, 1993. Jeneva F. Earges alleging personal Injuries while walking on the sidewalk in front of the Corona Cafe in Corona del Mar on December 5, 1993. Rheem Manufacturing Company, seeking indemnity from claim filed by Santiago, Etc., at al, regarding explosion at E1 Torito Grill on August 1, 1993. Shahram Pourhassan alleging tire damage as a result of broken concrete by curve in street at 514 W. Balboa Boulevard on December 7, 1993. Tily B., Inc., for damages arising out of January 20, 1994 Planning Commission decision to deny the conditional use permit amendments sought by claimant. 10. PLANNING COMMISSION ACTIONS - February 10, 1994 Planning Commission meeting. 11. GENERAL PLAN AMENDMENT 94 -1 - Report from Planning Department recommending approval to initiate proposed Amendments A, B, C, D and E: A. Granville Condominium Site: Request to amend the Land Use Element and the Local Coastal Program, Land Use Plan so as to redesignate a portion of Block 900, Newport Center from Multi - Family Residential to Administrative, Professional and Financial Commercial uses and increase the allowable square footage by 5,000 square feet. The purpose of the proposed amendment is to enable the construction of a management office for the Granville Condominiums and other office development; and B. Edwards Cinemas, Newport Center Site: Request to amend the Land Use Element so as to allow the addition of three theaters with a total of 897 seats to the Edward's Big Newport Cinemas, on property formerly occupied by the Good Earth. Restaurant; and volume 48 - Page 56 Strm Drn Rlctn Prj C -2979 (38) (36) (68) CPA 94 -1 (45) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CHLL February 28, 1994 INDEX 1- C. Request to amend the Circulation Element and the Local Coastal Program land Use Plan - So as to downgrade Dover Drive between Irvine Avenue and Westcliff Drive from a Primary Road (4 -lane divided) to a Commuter Roadway (2- lane undivided); to downgrade 32nd • Street between Newport Boulevard and 'Via Lido from a Secondary Road (4 -lane undivided) to a Commuter Roadway (2 -lane undivided); and to update various sections of the Element to reflect current policies and conditions; and D. Central Balboa Specific Plan: Request to amend the Land Use Element and the Local Coastal Program, Land Use Plan so as to reflect the land use changes proposed as part of the Central Balboa Specific Area Plan; and E. Removed from the Consent Calendar. 12. TENTATIVE TRACT N0. 8725 - City Clerk to Tentv Tr release Faithful Performance bond and No. 8725 Labor and Material Bond (Bond No. 5240 76 08); Harbor Ridge and Harbor Hill areas of the Harbor Hills Planned Community. [Report from Public Works Department] 13. RESUBDIVISION 10. 939 - Approve Resub 939 improvement plans and specifications and (84) • accept public improvements constructed in conjunction with Resubdivision No. 939, located at 1900 West Balboa Boulevard in the Cannery Village/ McFadden Square Specific Plan; City Clerk to release the Faithful Performance Surety (Bank Letter /Bank of Newport Construction Loan No. 06- 210163- 60 in the amount of $2,500); and release Labor and Material Surety (Bank Letter /Bank Newport Construction Loan No. 06- 2110163 -60 in the amount of $2,500). [Report from Public Works Department] 14. POLICE VEHICLES - Authorize staff to PD issue a letter of intent to purchase (70) eight (8) 3.994 Chevrolet Caprice police cars at a cost of $14,946 each from Sopp Chevrolet of the City of Bell, using FY 1994 -95 funds, with delivery of the units no earlier than July 15, 1994. [Report from General Services Director and Chief of Police Robert McDonell] 15. BUDGET AMENDMENTS BA -036, $15.652.88 - Purchase of two German Shepherds, and training and • miscellaneous equipment; POLICE PATROL/CANINE SUPPLIES. BA -037, $3,000 - Annual Membership dues to the AMERICAN COMMUNITIES FOR CLEANUP EQUITY (ACCE). [Report from Assistant ACCE /CMgr City Managerl (35) Volume 48 - Page 57 1- CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL February 28, 1994 • Motion All Ayes • Motion All Ayes MINUTES INDEX Automatic Fire Sprnkj (41) Ord 94 -12 Class C Fireworks (41) Ord 94 -13 ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 1. Memorandum from Fire Chief regarding proposed ORDINANCE being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 9.04 AND 15.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE INSTALLATION OF AUTOMATIC FIRE SPRINKLERS. Council Member Hedges expressed his concerns regarding the proposed Ordinance and suggested the staff take another look at it to determine if this is really what the City wants to achieve and require of its residents. Fire Chief Tim Riley, addressed the Council and stated that the purpose of the proposed Ordinance is: (1) to maintain the standards the City has been using that deal with 5,000 sq. ft. envelopes exceeding the ability of the Fire Department to provide the initial Fire Department response, and: (2) to bring both the Fire and Building codes into compliance. He stated a full staff report will be given to the City Council for their March 14 meeting, including a cost analysis comparison for remodels and new construction. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and inquired if it was mandatory by law that the City adopt the proposed Ordinance. The City Attorney responded that one of the reasons this document is being recommended for approval is to bring the Fire and Building codes into compliance with one another. x Following discussion, motion was made by Mayor Turner to introduce Ordinance No. 94 -12 and set for public hearing on March 14, 1994. 2. Memorandum from Fire Chief regarding proposed ORDINANCE being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 9.04 OF THE MUNICIPAL CODE PROHIBITING THE SALE, USE AND POSSESSION OF CLASS C COMMON FIREWORKS WITHIN THE NEWPORT BEACH CITY LIMITS. At the request of Council Member Hedges, the City Attorney suggested that Section 78.202 -B be revised regarding the authority of the Fire Chief to seize and take fireworks to ensure it is done in compliance with State law. X Council Member Hedges moved to introduce Ordinance No. 94 -13, as amended In the foregoing, and to set for public bearing on March 14, 1994. Volume 48 - Page 58 INDEX Automatic Fire Sprnkj (41) Ord 94 -12 Class C Fireworks (41) Ord 94 -13 CITY OF NEWPORT BEACH COUNCIL MEMBERS Pn1 I CR \ �G � �o� \\ February 28, 1994 MINUTES 111111W4 6. Memorandum from Assistant City Manager League of concerning proposed resolution CA Cities supporting the LEAC= OF CALIFORNIA (54). CITIES option to the Orange County Board of Supervisors for the REUSE OF MARINE CORPS AIR STATION. EL TORO. n x Notion was made by Council Member Hart yes to adopt Resolution No. 94 -14 with the title revised as follows: "A Resolution of the City Council of the City of Newport Beach, California supporting a more representative reuse process for E1 Toro MCAS to the Orange County Board of Supervisors." 11. GENERAL PL,N AMENDMENT 94 -1 - GPA 94 -1 E. Giordano Amnexation: Request to amend the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to allow for the annexation of 0.025 acres to the City of Newport Beach in an area which will be an addendum to the Seaward 17 Annexation for property in the Corona Highlands area. The City Clerk advised that after the agenda was printed, a letter was received from Lora E. Duca of Duca- McCoy Engineers, regarding Item 11E above, stating the property owner has changed his mind and does not wish to • pursue annexation from the County at this time. Motion x In view of the foregoing, motion was All Ayes made by Mayor Turner to delete the initiation of Item E as recommended. PUBLIC HEARINGS 16. Mayor Turner opened the continued public St Name hearing from January 24, 1994, for Chg request to consider CHANGING A STREET (83) SAM from "Alvarado Street to Viva Way" by Alvarado Place Property owners. Recycled report from Planning Department dated January 24, 1994. Letter from Paul A. Medina requesting Council uphold the Planning Commission's unanimous approval of Viva Way. Letter from Edwin F. Sullivan suggesting street name changes. The Planning Director advised that this is a proposal initiated by property owners who reside on Alvarado Place • which is the first street to the east of Alvarado Street. The Planning Commission considered this request on January 6, 1994 with the recommendation that Alvarado Street be changed to "Viva Way" inasmuch as a major portion of the street is similar to a 25 -foot wide alley. Vole 48 - Page 59 CITY OF NEWPORT BEACH COUNCIL MEMBERS o `s' �nA February 28, 1994 ROLL CRLL Volume 48 - Page 60 MINUTES INDEX St Name Chng It was also noted that the name of "Plummer Street" had been suggested in recognition of former Mayor and Council Member Ruthelyn Plummer. Tom Hyans, President, Central Newport Beach Community Association, addressed the Council and indicated they agree • that the street name change is necessary, however, they were not in favor of the recommended "Viva Way." Niki Naphan, 325 Alvarado Street, addressed the Council and referenced her letter to the City dated January 6, 1994, opposing the street name change to "Viva Way." She also stated that she circulated a petition and obtained 72 signatures in support of retaining Alvarado Street, but changing the name of Alvarado Place instead due to the historical background connected with Alvarado Street. Vivalena Medina, 307 Alvarado Street, addressed the Council in support of the requested street name change to "Viva Way." She stated the street name change was not initiated by her, but rather Ms. Loretta Belcher, a resident on Alvarado Place. She stated the name of "Viva Way" is in keeping with the theme of the adjacent streets and is a name that will not be confused with other street names on the Peninsula. She cited the many reasons the street name change is necessary and recommended the City Council uphold the decision of the Planning Commission. Paul Medina, 307 Alvarado Street, addressed the Council and stated that in reviewing recorded street records, Alvarado Street was designated as an Alley in 1908. He felt that if the street name were changed to Plummer Street, it could be confused with the development associated with the same name on the Peninsula as can be verified with the ]Fire Department, City staff, and real estate brokers on the Peninsula. He also recommended the Council sustain the decision of the Planning Commission and approve the street name change of "Viva Way." Loretta Belcher, 307 Alvarado Place, addressed the Council and stated that she has lived at this location since 1965 and has complained for many years because of the confusion between the two locations. She finally decided to Initiate the street name change with City staff in October, and is hopeful the Council will act on the recommended change at this time. . Hearing no others wishing to address the Council, the public hearing was closed. Volume 48 - Page 60 MINUTES INDEX St Name Chng COUNCIL MEMBERS NO�VO` %0\0111-kp Motion All Aye • • • x CITY OF NEWPORT BEACH February 28, 1994 Council Member Hedges stated that he had given this item a great deal of thought, and inasmuch as he had received some complaints regarding the recommended "Viva Way," he moved to adopt Resolution No. 94 -15, changing Alvarado Street to "Medina Way." 17. Mayor Turner opened the public hearing regarding REQUEST FOR APPEAL FROM TILT B., INC., DBA THE MERMAID. Report from Revenue Manager /Finance Department. Letter from Ronald Talmo, Attorney for Applicant /Appellant dated February 17, 1994, requesting the subject appeal. The City Attorney advised that he had distributed to the City Council, as well as the legal counsel for the applicant, a proposed decision sustaining the denial by the City Manager of the Live Entertainment Permit Application of Tily B., Inc., together with a staff report from the Planning Department describing an inspection of the premises which he stated tends to confirm the fact that the structure does not comply with certain provisions of the City's Live Entertainment Permit. Ron Talmo, Attorney representing the appellant, addressed the Council and discussed his concerns and objections to the findings listed in the proposed decision document prepared by the City Attorney. He also stated they feel they fit a "theater" for Penal Code purposes as well as a restaurant under that definition in the City's Municipal Code. He further referenced a letter he had addressed to the City Manager outlining 10 specific objections which he requested be included as part of his presentation. Additionally, he discussed the lack of "time limits" in the City's Live Entertainment Ordinance as required by the Constitution, and also stated there are no standards in said Ordinance which requires the granting or denial by the City Council. In conclusion, he stated that his applicant has been blocked in every possible way by the City in trying to development the subject property to the point that even the procedures they are supposed to follow are uncertain at times. He stated that "if the type of business they are proposing is not the type this Council wants to see in the City, then say so, and they will fight the battle upfront forthrightly, instead of coming up with some definitions which do not appear in the Code whatsoever and applying them solely to the land use they have in mind." Volume 48 - Page 61 MINUTES Tily B., Inc. /Appeal (28) . U/P 1727A (88) COUNCIL MEMBERS CITY OF NEWPORT BEACH February 28, 1994 MINUTES TNrFY The City Attorney responded to some of Tily B., T the comments by Mr. Talmo, following which he stated that the City Council still may properly deny this application on the basis of the applicant failing to provide adequate separation between the stage and the area within which patrons are entitled to remain, as well as the • provision that states that this particular use is not permitted within the PC teat because it is clearly a theatre. In response to question raised by Council Member Hedges as to the exact type of business the applicant is proposing, Mr. Talmo replied that under the restaurant provisions of the City's code, they intend to serve food and non- alcoholic beverages, and for entertainment purposes, they will be providing female dancers who will dance to music in various stages of dress from fully dressed to completely undressed. The City Attorney stated that based on the comments of Mr. Talmo, he would recommend Finding No. 1 of the proposed Decision of Denial be deleted relative to the stage height, and that Finding No. 3 be modified relative to solid doors in Theatre V. Jim Dale, 2813 Villa Way, addressed the Council in opposition to the proposed entertainment permit. He stated that the moral and ethical values of the community must be put into perspective when weighing this decision, and the City must protect its youth against this type of business. He urged the Council uphold the recommended denial of the Live Entertainment Permit. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and did not state whether he was for or against the proposed permit; however, he did indicate that if this permit is granted, he would question how long the business would remain in operation. LuVena Hayton, 3411 E. Coast Highway, addressed the Council in opposition to the proposed permit, and stated that if it were put to a vote of the electorate, she felt the proposal would go down in defeat. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member Debay All Ayes to uphold the decision of the City Manager and deny the Live Entertainment Permit of Tily B. Inc., based on the revised Findings presented by the City • Attorney, as well as the secondary effects such a business would cost the City in terms of police enforcement and the other related issues connected with this type of business. volume 48 - Page 62 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CRLL February 28, 1994 INDEX PUBLIC COMMENTS 1. LuVena Hayton, 3411 E. Coast Highway, Yvonne Houssels, 1307 Outrigger Drive, and Jean Morris, 1032 Sea Lane, addressed the Council in opposition to the proposed toll booth on Newport Coast Drive. They stated that there was never • a public hearing regarding the toll booth for Newport Coast Road, and that Orange County did not have the legal authority to abandon the existing section of Bonita Canyon Road and requiring that section to have a toll booth forcing the public to pay for its use. They urged that the City send a letter to Deputy Attorney General, Clayton Roche, concerning the lack of public information and "public outcry" over the proposed toll booth on Newport Coast Drive, emphasizing that Bonita Canyon Road was always an open, public, free road which became part of Newport Coast Drive, and was a mitigating factor for the Downcoast Development. Mayor Turner advised that the City Council will be considering this issue at its March 14, 1994 meeting. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed the off - street parking fund in McFadden Square, stating it was his understanding that the money collected • from those parking meters was to be used to purchase more property for off - street parking in that area. 3. Madeline Arakelian, South Coast Refuse, addressed the Council and stated she is still awaiting a bid result summary from the City Manager regarding the City's recycling proposal prepared by the General Services Department last December. The City Manager advised that he will be responding to Ms. Arakelian within the week, and because there is such a high level of interest on the subject of recycling and its process, the Assistant City Attorney has prepared a legal opinion. 4. John Lipton, Mission Viejo, addressed the Council promoting Canyon Cruise for Kids, a charity fund - raising motorcycle event scheduled for Sunday, March 20, 1994 which begins at Irvine Regional Park and concludes at the Hard Rock Cafe in Fashion Island. The monies collected from the function will go towards abused and neglected children in Orange County. They expect 4,000 motorcycle participants and hope to raise over $60,000. He stated their motorcade will be using Jamboree Road to MacArthur Boulevard and requested the City Police Department assist them at various intersections on Jamboree Road in route to Fashion Island. volume 48 - Page 63 COUNCIL MEMBERS ss ROLL CALL • Mo Al es X ME CITY OF NEWPORT BEACH February 28, 1994 Mayor Turner suggested Mr. Lipton contact the City's Revenue Division, Business Licensing and file an application for a Special Event Permit. 5. Council Member Hedges made reference to the anti - sexual harassment matter the Council was faced with last year and the involvement of the National Organization for Women (NOW) during that time. He stated that the type of business that is being proposed by Tily B., Inc., dba The Mermaid, which was discussed earlier this evening, appears to exploit women in the worst manner possible, and the question tie has is why haven't the NOW Organization come forward and given their input on this proposed use. ORDINANCES FOR ADOPTION 18. Proposed ORDINANCE NO. 94 -9, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 12.66.088 TO THE NEWPORT BUCK MUNICIPAL CODE -TO PROVIDE FOR APPLICATION OF VEHICLE CODE TO PRIVATE STREETS IH THE VILLA BALBOA DEVELOPMENT. Recycled report from Public Works/Traffic Engineer dated February 14, 1994. In response to question raised as to how the Fire Department gains access to this gated site, Fire Chief Riley explained that the department uses a Knox System which provides a one -key access to any property that has this type of key component attached to it. He stated it is a requirement of all gated and padlocked communities, etc. The Police Department does not currently have Knox access, based upon a decision made many years ago; however, they are working with the Knox Company to have a system set up called sub - mastering whereby the Fire Department would still maintain master keys for all Knox operated locks in the City, but all future Knox applications for padlocks and gates would be sub- mastered, and the Police Department would have keys to those padlocks and gates, but not to certain buildings. In response to question raised by Sid Soffer, 900 Arbor Street, Costa Mesa, the City Attorney stated there is no requirement in the Vehicle Code that requires communities (such as Villa Balboa) to pay for police services, other than what is paid as a taxpayer. There being no further comments, motion was made by Council Member Watt to adopt Ordinance No. 94 -9. Volume 48 - Page 64 MINUTES INDEX Ord 94 -9 Veh /Trfc (85) COUNCIL MEMBERS CRLL S 0 Motion All Ayes E X CITY OF NEWPORT BEACH February 28, 1994 19 20 Proposed ORDINANCE NO. 94 -10, being, AN (ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.52.070 OF THE NEWPORT BEACH MUNICIPAL CODE TO DESIGNATE VIA FLORENCE BETWEEN VIA LIDO SOLID AND PIAZZA LIDO AS ONE - WAY NORTHEASTERLY. Recycled report from Public Works/ Traffic Engineer dated February 14, 1994. It was noted that the Lido Isle Community Association recently requested that two -way traffic on Via Florence be restricted to one -way traffic in a northeasterly direction from Via Lido Saud to Piazza Lido. This request was a result of complaints from residents on Via Florence that an inordinate volume of high -speed vehicles exit the area, especially in the morning. The Traffic Affairs Committee agrees that it is desirable to convert Via Florence to one -way. Notion was made by Council Member Hedges to adopt Ordinance No. 94 -10. Proposed ORDINANCE NO. 94 -11, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 12.60 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING PEDESTRIAN CROSSWALKS. Recycled report from Traffic Affairs Committee dated February 14, 1994. It was noted that Chapter 12.60 is titled PEDESTRIANS and has been in the Municipal Code for over 40 years. This chapter is; outdated and inconsistent with both State law and City practice. The recommended action will ensure compliance with the California Vehicle Code and eliminate an outdated and unnecessary chapter of the Municipal Code. Tom Hyans, President, Central Newport Beach Community Association, addressed the Council and referenced Resolution No. 94 -9 adopted by the City Council on February 14, 1994 approving the installation of mid -block crosswalks at various locations. He stated that there Is a boulevard stop at Bay Avenue and 10th Street, and questioned the reason and /or need for a crosswalk between 9th and 10th Streets. The City Attorney stated that he has discussed the issue of mid -block crosswalks with Rich Edmonston, Traffic Engineer, and that each of the crosswalks listed in the subject resolution are located in an area where Volume 48 - Page 65 rM4MH*1i 1014:1 Ord 94 -10 Veh /Trfc (85) Ord 94 -11 Trfc (85) COUNCIL MEMBERS ROLL CITY OF NEWPORT BEACH February 28, 1994 MINUTES people tend to travel in any direction; therefore, the mid -block crosswalk is intended to provide motorists with some additional warning of that fact, and that there are pedestrians in the area. Mr. Hyans addressed the Council again regarding his concern over the mid -block • crosswalk on Bay Avenue between 9th and 10th Streets, indicating he did not agree with the rationale. In view of the foregoing comments by Mr. Hyena, the Public Works Director stated he will look into this matter, and if deemed appropriate, recommend deletion of the mid -block crosswalk between 9th and 10th Streets. Council Member Sansone stated that several years ago, there was a National Study to the effect that the majority of pedestrian accidents are in marked crosswalks, and the second largest category was in unmarked crosswalks. Motion x Notion was made by Mayor Turner to adopt All Ayes Ordinance No. 94 -11, with the request that the mid -block crosswalk referenced in Resolution No. 94 -9 on Bay Avenue between 9th and 10th Streets be reviewed ' by staff, and deleted if deemed appropriate, and Resolution 94 -9 revised accordingly. CONTINUED BUSINESS 21. Memorandum from Public Works/Traffic Trfc /Bch Engineer regarding BEACH EXPRESS Express SKUTTI'E• Shuttle It was recommended that action on this (85) item be deferred to March 14, 1994 in order for the staff to obtain the information the City Council requested on February 14, 1994 regarding the operation of the shuttle. Motion x There being, no comments, motion was made All Ayes by Mayor Turner to defer action on this item to March 14, 1994. 22. Report from Building Director concerning Bldg Code RDILDING CODE BOARD OF APPEAW Board VACANCIES. (24) Motion x Notion was made by Mayor Turner to All Ayes confirm the appointments of Ernie Liake and William Simpson to fill resignations of John Wikle and M.E. Riley. CURRENT BUSINESS 23. Report from Public Works Department permit/ regarding application of Stanley Behrens 340 Hazel to construct two CURB CUTS AT 340 HAZEL Dr • DRIVE, CORONA DEL MAR. (65) Motion x The City Clerk advised that after the All Ayes agenda was printed, the applicant submitted a letter requesting this item be taken off calendar for the present time, and there being no objections, motion was made by Mayor Turner to approve the applicant's request. Volume 48 - Page 66 CITY OF NEWPORT BEACH COUNCIL MEMBERS s � ROLL CRLL February 28, 1994 Meeting adjourned at 9:09 p.m. 7k +k & tk tAr SF * * 9k tk !k 1F The agenda for this meeting vas posted on February 24, 1994. at 8:35 a.m., on the City Hall Bulletin Board located • I I I I I I I I outside of the City of Newport Beach Administration Building. • • ATTEST: Volume 48 - Page 67 MINUTES