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HomeMy WebLinkAbout03/14/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS �p REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: March 14 1994 Present x x Motion All Ayes M4es ' A Motion All Ayes 0 0 X x x x x X X X ROLL CALL Reading of Minutes of Meeting of February 28, 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. CONSENT CALENDAR The following items were approved, except for those items removed: Pass to 2nd reading on March 28, 1994: 1. Proposed ORDINANCE NO. 94 -15, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.60 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE DISPLAY OF HARMFUL MATERIAL IN A PUBLIC PLACE. [Report from City Attorney] Schedule for public hearing on March 28, 1994: 2. Proposed ORDINANCE NO. 94 -16, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AMENDING DISTRICTING MAP NO. 18, SO AS TO DELETE THE 10 FOOT FRONT YARD SETBACKS ADJACENT TO A VACATED ALLEY AND ADJACENT TO THE VACATED GLEN DRIVE (PLANNING COMMISSION AMENDMENT NO. 797). [Report from Planning Department] RESOLUTIONS FOR ADOPTION 3. Resolution No. 94 -16 expressing the City of Newport Beach City Council's recommendations concerning the SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT'S (SCAG) Regional Council of SCAG. [Memorandum from Planning Department] CONTRACTS AND AGREEMENTS 4. Amendments to Master N.O.U. for NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION (CONTRACT 50. 2056). [Memorandum from City's Negotiations Team] 5. Removed from the Consent Calendar. 6. PERSONNEL VACANCIES - Report from Personnel Director. 7. CLAIMS - For Denial by the City Manager David Carlson, dba Debin 6 Associates, for damages, alleging City neglecting the handling of the explosion at the E1 Torito Grill on August 1, 1993. Volume 48 - Page 72 In!!►11 Ord 94 -15 Offenses/ Nuisances (70) Ord 94 -16 Zoning (94) SCAG Res 94 -16 (61) MOU /NB Police Employees Asn C -205( (38) . (66) (36) COUNCIL MEMBERS VNI 4\��° * \* 0 0 CITY OF NEWPORT BEACH MINUTES March 14, 1994 INDEX Gary's Companies, Inc., seeking indemnity from claim filed by Lisa J. Eisenberg, at al for injuries which occurred on July 29, 1992. Joel Johnson seeking reimbursement, alleging open trench on MacArthur Boulevard on February 13, 1994, caused tire damage to his bicycle. William F. Mattson alleging his truck towed in error from "A" Street Parking lot on January 30, 1994. John McKinnon, Jr., seeking reimbursement for cost of new chrome tire rim which was damaged on February 22, 1994, as a result of pot hole in roadway on MacArthur Boulevard near Ford Road. Luis Olmos, alleging high winds caused damage to his 1968 Mustang when tree fell onto it on February 7, 1994 at Carnation Street, Corona del Mar. Southern California Edison Company, alleging underground ducts damaged on Coast Highway near Bayside Drive on January 17, 1994, as a result of grading /construction work conducted by Griffith Company. For reiection - Late Claim of James Roberts, alleging personal injuries as a result of falling through deck at Marina at 3333 W. Pacific Coast Highway on April 20, 1993. 8. PLANNING COMMISSION ACTIONS - Planning I(68) Commission Meeting of February 24, 1994. 9. NEWPORT ISLAND STREET /ALLEY REPLACEMENT Npt Is St/ (CONTRACT NO. 2915) - Accept work and Alley Rpla authorize City Clerk file Notice of C -2915 Completion to release the bonds 35 days (38) after recorded pursuant to applicable portions of the Civil Code. [Report from Public Works Department] 10. CITY MANAGER'S BUDGET AMENDMENT NO. 006 C/M Bdgt - Transferring funds from the General Amnd 006 Fund Public Works Department Account No. (40) 3010 -7000 (Salaries- Misc.) to Account No. 3010 -7020 (Salaries -Part time). [Memorandum from Public Works Director] 11. HARBOR PERMIT APPLICATION 0018 -0056 - By Harbor Duncan Macintosh to temporarily revise Perm Apl the docks bayward of the Newport Dunes at 101 North Bayside Drive and Lido 0018 -0056 Village at 3365 Via Lido. [Memorandum (51) from Marine Department] 12. HARBOR PERMIT APPLICATION 120 -2410 - By Harbor Sue Trautwein Boeckman for extension of Permit time for the property bayward of 2410 Apl 120 - Newport Boulevard, Newport Beach. [Report from Marine Department] 2410 (51) 13. Removed from the Consent Calendar. Volume 48 - Page 73 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL Fs March 14, 1994 • Motion Ayes Abstained Motion All Ayes 0 • X x x INIQA1 11 ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 5. Memorandum from Community Services N Director recommending approval of 1 Purchase Agreement with Dynix, Inc., an C Ameritech Co., Provo, Utah for the COMPUTER SYSTEM FOR THE NEV CENTRAL C LIBRARY AND THE BRANCHES. Mayor Pro Tem Watt stated that she will abstain from voting on this item due to a possible conflict of interest. x In view of the foregoing, motion was x x x x made by Mayor Turner to approve the X subject agreement. 13. Report from General Services Director recommending approval of COUNCIL POLICY F G -1, amendments to Council Policy regarding Retention or Removal of Park and Parkway Trees, approved by the Parks, Beaches and Recreation Commission on September 7, 1993 and January 4 and March 1, 1994. Notion was made by Council Member Hedges that Item No. 5 at the top of page 2 be amended to read as follows: "Not have had a consistent history of damaging public or privately owned property such as sewers, water mains, sidewalks, curbs, walls, fences, foundations, etc., as indicated per City records, or by competent authority such as a structural engineer or general contractor." PUBLIC HEARINGS 14. Mayor Turner opened the public hearing regarding proposed ORDINANCE N0. 94 -12, 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 INSTALZATION OF AUTOMATIC FIRE SPRIIEUIM. Memorandum from Fire Chief. It was noted in the staff report that with the June 2, 1992, adoption of the 1991 Uniform Building Code (Ordinance 92 -17), the City adopted regulations requiring the installation of fire sprinklers in all new buildings over 5,000 square feet. In addition, these regulations also included provisions for the installation of fire sprinklers in existing buildings based on the size of the improvements in relation to the square footage of the original structure. Ordinance 92 -82, adopting the 1991 Uniform Fire Code, was also approved on June 2, 1992. It included Volume 48 - Page 74 CITY OF NEWPORT BEACH COUNCIL MEMBERS `S' March 14, 1994 CALL Mon All Ayes • X the same regulations relating to the installation of fire sprinklers; however, they were removed as a condition of the adoption of the Uniform Fire Code. This resulted in Fire Code regulations which differed substantially from Building Code regulations. Staff was directed to evaluate both ordinances and return to Council with a uniform policy on the installation of automatic fire sprinklers. The new law allows owners of buildings smaller than 5,000 sq. ft. to forego installing sprinklers if they are only increasing the size of their structure by 25 %. If the addition enlarges the building by 25 to 50 %, sprinklers only are required for the new part. If the addition is more than 50 %, the entire building must be retrofitted for sprinklers. This policy has been approved by the Economic Development Committee at the January 13, 1994 meeting. The proposed amendments to the Fire Code and the Building Code will allow the City to apply a uniform policy relating to the installation of automatic fire sprinkler systems. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed the cost of fire sprinklers. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made by Mayor Turner to adopt Ordinance No. 94 -12. Council Member Hedges indicated he still had some concerns regarding the proposed Ordinance as to cost and the lack of any appeal procedure included in the document, wherein the City Attorney stated that the Fire and Building Chiefs do have some discretion regarding appeals as set forth in the Fire and Building Codes. The Fire Chief responded regarding cost, etc., and in conclusion indicated that the intent of the proposed Ordinance is to reduce the impact on existing business persons while still adding a reasonable degree of protection to 5,000 sq. ft. or larger buildings. There being no further comments, the motion was voted on and carried. 15. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -13, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER. 9.04 OF THE NEWPORT BEACH MUNICIPAL CODE PROHIBITING THE SALE, USE AND POSSESSION OF CLASS C COMMON FIREUORRS WITHIN THE NEWPORT BEACH CITY LIMITS. Memorandum from Fire Chief. Volume 48 - Page 75 MINUTES INDEX Fire lrs Ord 94 -13 Cls C Fire- (41) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CFLL ]larch 14, 1994 MINUTES INDEX It was noted in the staff report that Class C the 1991 Uniform Fire Code was adopted Firewrks by Council on June 2, 1992. Contrary to the prior edition, it permits Class C common fireworks (firecrackers). Newport Beach has prohibited the storage, use and sale of fireworks, with the exception of public displays, for • the last six decades. Some of the reasons for this policy include the proximity of structures to one another, difficulties with Fire Department access and the diverse combustible materials used in construction throughout the community greatly increases the risk of fires and injuries. The surrounding community, mutually dependent in Orange County, also relies on each city to do its part to protect its citizens and prohibit fireworks. In Orange County, only four of the 23 cities allow the sale of fireworks. Of the 58 counties in California, only 21 allow the sale of fireworks in their unincorporated areas, a number of those permitting sales in rural northern California counties. In a comparable ratio, of the 459 cities in California, only 141 allow the sale of common fireworks. To continue to properly protect the citizens, the community and the surrounding neighbors from the dangers of these explosive pyrotechnic devices, it is necessary to revise the current adoption of the Uniform Fire Code to include specific language prohibiting the storage, use and sale of Class C common fireworks. In addition, to properly enforce this prohibition, language is needed to permit the Fire Department to seize all types of fireworks and other destructive pyrotechnic devices. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Notion was made by Council Member Watt All Ayes to adopt Ordinance No. 94 -13. 16. Mayor Turner opened the public hearing Ord 94 -14 proposed ORDINANCE NO. 94 -14, Zoning being, (94) 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 TATS (11 PARCELS) ADJACENT TO THE RIVO ALTO CHANNEL (PLANNING COMMISSION AMENDMENT NO. PCA 792 792). Report from Planning Department. It was noted in the staff report that owners of property located at 405 Clubhouse Avenue and 3311, 3401, 3403, 3405, 3409, 3411, 3413 Finley Avenue are requesting the City to amend Districting Map No. 3, so as to change the front yard setbacks adjacent to The Rivo Alto Channel, taking into consideration the Volume 48 - Page 76 i Motion All Ayes • s CITY OF NEWPORT BEACH COUNCIL MEMBERS March 14, 1994 x MINUTES INDEX existing encroachments already approved Zoning by the Planning Commission and the Modifications Committee: The proposed change will allow structures to be built to within 20 feet of the bulkhead line. In other words, the buildings on the 11 properties (12 lots) will be allowed to extend 15 feet further toward The Rivo Alto Channel than currently allowed by the existing Districting Map No. 3. It should be noted, that although signatures have not been obtained from property owners at 409 Clubhouse Avenue and 3313 and 3407 Finley Avenue, this amendment will apply to their properties if approved. The proposed amendment is consistent: with other applications that have been approved by the Planning Commission and the City Council since 1952 in conjunction with reducing front yard setbacks to 20 feet on other blocks adjacent to The Rivo Alto Channel. Hearing no one wishing to address the Council, the public hearing was closed. Notion was made by Council Member Hedges to adopt Ordinance No. 94 -14. PUBLIC COMMENTS Grant Reynolds, 1301 Kings Road, member of Cliff Haven Homeowners Association, addressed the Council and asked for clarification regarding proposed legislation by Senator Marian Bergeson concerning the Balboa Bay Club terrace apartments. Mayor Turner advised that this item will be on the March 28 agenda, and that a staff report would be made available to him. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding crime and the incident that took place last Thursday at a local nightclub. He stated he felt it was very important to educate the youth in schools regarding crime and respect for police authority. CONTINUED BUSINESS 17. Memorandum from Public Works /Traffic Trfc /Beacl Engineer regarding BEACH EXPRESS SHUTTLE Express (deferred from February 14 and 28, 1994 Shuttle meetings). (85) It was noted that Beach Express Shuttle expects to begin operating shortly and will serve several destinations in Newport Beach. They have requested permission to install two signs to indicate the location of a shuttle stop. The signs would be on both sides of Bayside Drive near Marine Avenue. It is expected that many of their customers will want to visit Balboa Island. The signs will help those customers identify where to re -board the shuttle. Section 10.08.030 of the Municipal Code prohibits the placement of signs on a Volume 48 - Page 77 COUNCIL MEMBERS NMN ROLL GILL • • CITY OF NEWPORT BEACH March 14, 1994 public sidewalk for commercial purposes, and therefore, staff felt this request should be considered by City Council. The Public Works Director stated that this matter had been continued from the February 28 City Council meeting for additional information from the applicant outlining his operation; however, that information has never been received. Christopher Mulligan, representing Beach Express Shuttle, addressed the Council and stated it is their desire to integrate all the major hotels in Newport Beach, Costa Mesa, and the Anaheim area, and operate a shuttle service to such popular sites as Fashion Island, Hard Rock Cafe, Balboa Island, and the Newport Beach pier. He stated they are regulated by the P.U.C. and have a license with the designation Passenger Stage Authority, and their vehicles are subject to inspection every 45 -days by the C.H.P. They have a fixed route beginning in the Anaheim area running south through south Coast Plaza and then to Newport Pier, Balboa Island, and Fashion Island, etc. It is their hope to bring the City groups of people from the Anaheim area who normally could not- visit-Newport -Beach because of the cost of a taxi. Their vehicles carry 25 passengers and the fee to come from Anaheim to Newport will be between $8 to $10 round trip. Council Member Hart stated that in concept, she supports the proposed idea; however, she spoke to Mr. Mulligan over one week ago and asked him to send a letter to the City describing their proposal in more detail. Since this was not done, she questioned Mr. Mulligan as to the reason why. Mr. Mulligan stated that he originally submitted a copy of their P.U.C. application material to City staff together with other information which he felt was sufficient in describing his operation. The Public Works Director noted that the Traffic Engineer had received the above information, but indicated it was very general in nature and related primarily to the P.U.C. application rather than being specific as to the nature of the operation proposed through Newport Beach. Council Member Hart stated she still felt more information was needed from the applicant inasmuch as they are proposing to use public right -of -way, etc., for some of their stops. Volume 48 - Page 78 MINUTES 1010F4 Beach Express Shuttle CITY OF NEWPORT BEACH COUNCIL MEMBERS R(11 1 fA\ \\ March 14, 1994 MINUTES ,.1..r., In response to question raised by Beach Council Member Cox, Mr. Mulligan stated Express that pursuant to their license from the P.U.C., they have a monopoly on their Shuttle fixed route and stops, and if some other shuttle service applied for the same areas, Beach Express Shuttle would have some leverage in preventing them from doing so pursuant to their license. Discussion ensued, wherein the City Attorney advised that as a condition to the requested encroachment permit for the requested signs, the City Council could include a provision prohibiting this applicant from having exclusive rights to specific shuttle stops in the City should the City receive another similar application for this type of operation. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that after hearing the comments from the representative for Beach Shuttle Express, he felt that if they do not need an encroachment permit, they have the right to stop someone else from using their route, and it would seem in the best interest of the City to condition the encroachment permit as discussed by the City Attorney. Council Member Sansone stated that Mr. Mulligan indicated in a telephone conversation with him that he was also • interested in having some shuttle stop signs installed at the McFadden Square area, and asked if this could be included in the encroachment permit. The City Attorney stated that he will meet with Mr. Mulligan and get a more detailed description of the proposed locations, etc. lotion x Following discussion, motion was made by Lll Ayes Council Member Cox that this item be continued to March 28, 1994, and that the City Attorney and Public Works Director work out the details and appropriate language in an encroachment agreement, subject to approval of details of installation, insurance arrangements, non - exclusivity of the authorization and similar appropriate conditions of approval. 18. City response to request for comments TCA /Toll from Attorney General on the Road TRAMSPORTATIOM CORRIDOR AGENCY (TCA) (74) TOLLROAD ISSUES: Memo and draft letter, with attachments, from Mayor Turner • Memo and revised draft letter from Council Member Sansone Copy of letter to Mayor from Attorney General's Office Volume 48 - Page 79 CITY OF NEWPORT BEACH A � s -X- ROLL CRLL March 14, 1994 1MVIVAM INDEX The City Clerk advised that after the TCA /Toll agenda was printed, a letter was Road received from Jean Morris, Secretary for Corona del Mar Residents Association, in opposition to the proposed toll booth. The Director of Public Works advised that Assemblyman Ferguson has asked the • Attorney General for a legal opinion on the Newport Coast Drive toll issue, and the Attorney General's office has asked input from interested parties, including the City of Newport Beach. He stated that a letter has been prepared by Mayor Turner for Council consideration as an official City response, which hopefully represents Council Member consensus on this matter. He summarized the contents of that draft letter, and also noted a copy of the same draft letter as revised by Council Member Sansone is included in the packet. Council Member Sansone indicated concurrence with the letter with two major exceptions: 1) the reference discussing the Spyglass Hill Community Association letter which objected to imposition of the proposed toll be deleted; and 2) the paragraph on page 4 regarding the proposed Newport Coast Drive be deleted. Mayor Pro Tem Watt referenced the paragraph on page 4 which Council Member Sansone would like to have deleted, and stated she did not feel that paragraph was useful for what the City is attempting to attain in helping the • Attorney General's office in formulating its legal opinion, and therefore she will support deleting that paragraph. She also suggested that page 1 include some type of reference to the large scale Irvine Coast Development. Mayor Turner expressed his reasons for not wanting to delete the paragraph on page 4, and stated he will vote to keep it in the letter. Council Member Debay commented that her long -range goal on this issue is to see a free by -pass put in and the toll construction be completed and operating. Council Member Hedges indicated that he did not think the paragraph on page 4 is related directly to the questions posed by the Attorney General in his letter dated February 10, 1994. LuVena Hayt:on, representing Corona del Mar Chamber of Commerce, addressed the Council in opposition to the proposed toll booth on Newport Coast Drive. She emphasized that there was never a public hearing on a toll charge for Newport • Coast Drive, and therefore, they felt it would be illegal, dishonest and unethical to implement. She stated they are not against the San Joaquin Hills Volume 48 - Page 80 CITY OF NEWPORT BEACH COUNCIL MEMBERS s � ROLL CALL March 14, 1994 MINUTES INDEX Corridor. She stated that Alternate TCA /Toll Route No. 3 is also not acceptable, but Road perhaps Alternate No. 3 -A, or 3 -B should be studied. In conclusion, she urged that the City Council take whatever steps are necessary to "keep Newport Coast Drive free and clear." Mitchell Brown, 1979 Post Cardigan Place, past President, Newport Hills Community Association, addressed the Council and stated their association was actively involved in the San Joaquin Hills Transportation Corridor, along with many other homeowners associations, regarding the realignment of Ford Road and connections to area streets in order to protect: their community. He stated that whatever direction the toll issue takes, they strongly urge the Council to protect and preserve the Ford Road realignment project as adopted by the City Council in Resolution No. 90 -108. In addition, they have read the Mayor's draft letter to the Attorney General's office and concur fully in its content. Bertram Rowe, 407 Fernleaf Avenue, addressed the Council and stated he concurred in the remarks by LuVena Hayton. He also suggested that the City concentrate on the fact that there was never a public hearing held on the toll issue, and support the draft letter to the Attorney General's office as revised by Council Member Sansone. Mo • x Hearing no other comments, motion was made by Council Member Sansone to approve the draft letter with the two amendments as referenced by Mayor Pro Ten Watt in the foregoing. Council Member Cox stated he will not be supporting the motion as he felt "it is the most dishonest representation as to what has been going on in the last ten years that he has ever heard. The amount of time and effort that has been put forth on this issue is the biggest waste of public money he has ever seen. What we have seen here is a group of people that have joined others in the area in an attempt to kill the Corridor. Regarding the so- called lack of a public hearing on this issue, the toll road has been a topic of discussion since 1985 and for people to say there were never public hearings regarding the toll, they are completely out of touch with reality. A toll road is a toll road, and if you drive on a toll road, you must pay a toll, and that means at every entrance and exit. The facts show there have been public hearings on this subject, and the bottom line is that the toll booth removes 16,000 cars a day out • of Corona del Mar, and is what pays for the facility. At the same time, there is a free by -pass around Corona del Mar. The letter under discussion does not even come close to representing the Volume 48 - Page 81 CITY OF NEWPORT BEACH COUNCIL MEMBERS ON I rR \ \s��� March 14, 1994 MINUTES INDEX history and the issues that took place TCA /Toll in the development of the toll facility Road itself. We as a City ought to be applauding, this process as we have a win -win situation with the toll road and free by- pass." Council Member Sansone commented that • the first choice by the County for the by -pass was an extension that would provide a direct connection of Culver Drive to the Corridor. The second choice was a point between the church property and Culver Drive and was almost as poor a choice as the first. Also, he did not feel that having an EIR on this issue suffices adequately as a public hearing notice, and this is up to the Attorney General to determine. In addition, the former City Manager Robert L. Wynn has stated in a letter to the Attorney General's Office that the subject of Newport Coast Drive becoming a toll road was never an issue before this City Council. Council Member Debay stated that if Council Member Sansone's letter is approved, she would suggest it reflect that this motion did not receive unanimous support from the City Council. Mayor Turner indicated that he would include a copy of the minutes with the letter, to which there were no objections. A* x x x x The motion was voted on and carried. Noes x x x Meeting Adjourned at 8:30 p.m., in memory of Dr. John Francis Farrar, who passed away on February 20, 1994. Dr. Farrar was a prominent Newport Beach physician and past President of the Orange County Medical Association, and husband of Bicycle Trails Committee Member Frances Farrar. yt ,� sr � ,r yr tk at ye Ylr tk at 1r The agenda for this meeting was posted on March 10, 1994 at 8:10 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. • ATTEST: o City Clerk P volume 48 - Page 82