HomeMy WebLinkAbout09/12/1994 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
REGULAR COUNCIL MEETING
PLACE: Council Chambers
i TIME: 2:00 P.M.
DATE: September 12, 1994
Present
Absent
M6 on
Ayes
Abstainer
Motion
All Ayes
C J
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X
MINUTES
X
x
x
x
ROLL CALL
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Mayor Turner officiated in the following
presentations:
Certificate of Achievement awarded by
Government Finance Officers Association
to the City for ANNUAL FINANCIAL
REPORTING/FISCAL YEAR ENDING JUNE 30,
1993 - accepted by Finance Director
Dennis Danner.
Proclamations presented by the Fire
Department - AWARDS FOR BRAVERY AND
HEROIC ACTION to Jason Brooks and Jesse
Hood.
NADD AWARDS (Mothers Against Drunk
Drivers) presented to six City Police
Officers based on number of DUI arrests
made for period of July 1, 1993 through
June 30, 1994, by Secretary of the Board
Judy Dutton and her assistant Patty
Crawford.
Proclamation presented to Ed Hepner,
Member of the Environmental Quality
Affairs Citizens Advisory Committee -
POLLUTION PREVENTION WEEK, September 19
- 25, 1994.
Proclamation presented to Code
Enforcement Supervisor Jim Sinasek
recognizing CODE ENFORCEMENT WEEK,
September 24 - 30, 1994.
x
Reading of Minutes of Meeting of August 22,
x
x
x
X
1994, was waived, approved as written, and
ordered filed.
x
Reading in full of all ordinances and
resolutions under consideration was waived,
and City Clerk was directed to read by titles
only.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE
STAFF TO REPORT ON AT A SUBSEQUENT MEETING:
Council Member Sansone requested that
the results of a study completed a year
ago regarding REGULATION/NONREGULATION
OF CLOSED CIRCUIT TV IN THE CITY be
brought back at the next Council
meeting.
Council Member Hedges requested TRAFFIC
AFFAIRS COMMITTEE evaluate a NO -TURN
SIGN ON EASTBOUND BALBOA AT 21ST STREET.
Council Member Hart requested that the
UTILITIES COMMITTEE REVIEW THE WATER
BILL, as she has been continually
receiving complaints (letter dated
September 4 from Novell and Ron
Hendrickson) that the water bill,
entitled Municipal Service Bill, looks
.more like a property tax bill with fees
not related to water billing.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO
PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF
REPORT: None
Volume 48 - Page 311
INDEX
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
�`°c�s9ys o �9�� � 9�� not -
ROLL CRLL September 12, 1994
TNnrY
COUNCIL COMMITTEE REPORTS
Motion
x
1. Environmental Quality Affairs Committee
(24)
All Ayes
- September 6 Minutes, received and
filed.
. f1o�
x
2. Pacific View Memorial Park City
(24)
es
Council /Citizens Ad Hoc Committee - July
20 Minutes, received and filed.
!lotion
x
3. Bicycle Trails Citizens Advisory
(24)
P.11 Ayes
Committee - August 1 Minutes, with minor
correction to paragraph III -B, Bike
Safety (Back Bay Drive), to clarify that
Cal Poly Pomona will present a proposal
with a "Student Study" to City staff for
review /consideration by City Council
regarding ways to help bicycle riders
and pedestrians exist more harmoniously
together on the trail; wherein, motion
was made to receive and file with
correction noted.
STAFF REPORTS
4. Dog Nuisances - Report from General
(44)
Services Director.
Following summary by General Services
Director recommending approval for the
use of discreet recognition signs of
donors sponsoring dispensers and dog
nuisance bags in areas where the problem
arises, a short presentation was given
by Chris Crosson, President of Doggie
Walk Bags, who displayed the signage and
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dispenser, and distributed sample bags
to the Council.
Dolores Otting, 17 Hillsborough Drive,
questioned the safety aspect of the bags
which might be accessible from the
dispenser to children.
The City Manager suggested that
agreements with sponsors of the concept
would be brought back for Council
approval on an individual basis.
lotion
x
Following discussion, motion was made to
.11 Ayes
receive and file the report.
5. Briefing on the proposed Noise Element
(68)
and Noise Ordinance - Reports from
Planning Department/Memorandum with
comments from EQAC.
Letters received from Dickson Shafer,
and Canyon Point Community Association
in support of proposed revisions to the
noise ordinance.
The Planning Director summarized the
events of the proposed comprehensive
•
revision of the Noise Element of the
General Plan, which will involve a
number of complex issues associated with
noise control policies and programs,
prior to agendizing the formal
introduction of the ordinance.
Volume 48 - Page 312
COUNCIL MEMBERS
CRL�L`��s, kl
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CITY OF NEWPORT BEACH
September 12, 1994
Discussion ensued, wherein the City
Attorney advised that the noise element
mandated by State law requires that all
elements to the General Plan be
consistent with one another. The City's
noise element has not been updated for
some time, and this is an effort to make
sure that the noise element is
consistent with both the Circulation and
Land Use Elements.
Patrick Alford, Senior Planner,
addressed the Council advising that in
the coming weeks the Council will be
asked to review two documents. The
first is a comprehensive revision of the
Noise Element of the General Plan that
provides technical information, a
summary of noise issues within the
community, an inventory of noise
sources, set of policies and a number of
implementation programs. The main
implementation program is the second
document, which is a comprehensive noise
ordinance that establishes the standards
for noise control within the City,
covering all noise sources unless they
are specifically exempted or limited.
He cited three main issues to address as
a result of the public outreach process
and through the public hearings before
the Planning Commission: 1) Air
conditioning equipment; 2) Property
Maintenance, I. e., leaf blowers; and 3)
Other maintenance of property,
specifically lawn mowing, tree trimming -
type activities.
Following questions from the Council,
Mr. Alford advised that restrictions
regarding public agencies would be
considered on a case by case basis.
Council Member Hart distributed changes
to pages 19 (Boats) and 21 (Boat Party
Noise) submitted by the Harbor Quality
Committee for consideration.
Mr. Alford advised that today's
presentation is basically to field
questions and issues before a public
hearing is scheduled.
Vincent Mestre, of Mestre Greve
Associates, the City's Noise Element
Consultant, advised that the noise
element at this point simply introduces
and reiterates the current policies of
the City *of Newport Beach relative to
John Wayne Airport. It does incorporate
by reference the Settlement Agreement
and the Access Plan and is part of the
record in the General Plan, but there
are no new policies or implementation
guidelines relative to John Wayne
Airport. The Noise Element of the
City's General Plan under State
guidelines has a rather limited scope,
and is simply a land use planning
document. 90% of the Noise Element's
primary focus is for the City to develop
policies on how to deal with new
Volume 48 - Page 313
MINUTES
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
G�_P�� September 12, 1994
INDEX
developments, and the Noise Element does
not really have any good grasp into
airports, and particularly an airport
that the City does not operate. There
was some thought given to institutional-
izing the policies that the City does
have into a part of the General Plan.
The City Attorney stated that he
proposes to indicate in the Noise
Element that the City's Circulation and
Land Use decisions are based in large
part upon certain assumptions as to
aircraft noise, and those assumptions
are in turn based upon the provisions of
the Settlement Agreement and the current
Access Plan. While the City cannot
enforce local ordinances against
aircraft operating out of John Wayne
Airport or against the County, they can
at least indicate that a lot of the
decisions of the Council are based upon
assumptions that the County will do
everything to restrict noise and the
City will do everything to maintain the
current regulatory structure. This
additional language will help the City
whenever the County makes decisions
relating to aircraft noise, which
requires Environmental Documentation.
Tom Schriber, President, Big Canyon
Country Club, addressed the Council
stating that tee off's start at
approximately 6:30 a.m. on weekends, and
7:00 a.m. during the week. It is
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important from a maintenance standpoint
that their crews organize before they
mow the golf course with over 100 acres,
and they would like to work with staff
to determine an equitable solution.
The Planning Director advised it is
anticipated that within two weeks the
proposed ordinance would be placed on
the agenda for introduction and public
hearing scheduling, with a total of four
weeks from today before the public
hearing takes place.
Dolores Otting, 17 Hillsborough,
commented that she felt the Planning
Commission meeting regarding the Noise
Element was one of the most interesting
meetings that she has ever attended. As
a result of the meeting, staff was to go
to various golf courses in the area to
determine what time they tee off. In
addition to inquiring what type of sales
tax revenue the City gets from the golf
courses, she asked if the City Attorney
had met with the attorney from Big
Canyon Country Club and addressed
concerns of the woman who was also in
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attendance at the meeting.
The Assistant City Attorney, in response
to Mrs. Otting's remarks, stated that,
yes, she spoke with the woman who had
the noise problem (her property is
located next to the maintenance shed),
and this has since been resolved. Also,
that she spoke again with Dennis
Harwood, who was the representative from
Big Canyon Country Club.
Volume 48 - Page 314
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CRLL F September 12, 1994
MINUTES
mory
Dickson Shafer, 232 Evening Canyon Road,
made reference to his letter and said he
was happy to see that the Planning
Commission modified the staff's
recommendation so as not to grandfather
in air conditioning equipment which had
been installed at the time of the
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adoption of the ordinance, because he
feels that this would be most unfair.
John Hudson, 327 Milford Drive, Corona
del Mar, General Manager, Big Canyon
Country Club for the past 14 years,
advised that between the hours of 6:30 -
9:00 a.m., on Saturdays and Sundays,
they tee off 95 to 110 players. This is
the most popular tee off time of the
approximately 10 - 11 hours of play
during the day on the course. To lose
the 6:30 - 9:00 a.m. starting times
would reduce available play in excess of
20% of the time; the mowing operation
would be much slower because of player
interruption and a significant danger to
the workers at the club because they
would be mowing greens and fairways,
etc., while people were playing on the
course; it would mean a significant loss
of income to the club and would also
restrict the members playing golf and
bringing in their guests to play; and
the facility would be extremely crowded
because they would have to accommodate
more players in a shorter amount of
time. He added that he did call many of
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the local clubs in this area and Mesa
Verde commences mowing at 6:30 a.m.,
Santa Ana Country Club at 6:00 a.m.,
Tustin Ranch at sun -up; Newport Beach
5:30 a.m., Tijeras Creek, Rancho Santa
Margarita at 6:00 a.m., and Big Canyon
Country Club at 6:00 a.m. He would hope
that Council would grant an exemption to
Big Canyon Country Club so they can
continue to maintain their greens in a
satisfactory condition and allow them to
be mowed in the morning for the members
and their guests and all local people,
and in the best shape possible.
Motion
x
Motion was made to receive and file the
All Ayes
report.
Clark Graves, resident on the fourth
fairway close to the fourth green, 13
Sea Island, stated that he does not find
the noise objectionable.
STAFF REPORTS '
6. Planning Commission Actions, meeting
(68)
September 8, 1994 - Verbal report by
Planning Director.
Mo 'on
x
Motion was made to receive and file.
yes
7. Boards, Commissions and Committees
(24)
(possible consolidation of committees) -
Report from Assistant City Manager.
Volume 48 - Page 315
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
September 12, 1994
ROLL CALL
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Motion
All Aye!
MINUTES
INDEX
(70)
Discussion ensued with suggestions to
combine City Boards and Committees, or
sunset various Ad Hoc Committees, i.e.,
Offstreet Parking Committee with the
staff Traffic Affairs Committee; Ocean
Front Ad Hoc Committee (sunset or)
combine with the West Newport
Comprehensive Ad Hoc Committee; Citizens
Advisory Committees - combine
Environmental Quality Affairs, Harbor
Quality, Bicycle Trails; Joint
Governmental Committees - reduce Council
representatives to Sanitation Districts
5, 6, & 7; combining Orange County
Housing Commission and SRO Task Force
Advisory Committees with staff as
representative; explore the idea that
the Ocean Front Sidewalk issues be
placed under the responsibility of the
Parks, Beaches and Recreation Commission
for a more publicized public hearing
process.
Suggestion was made by Council Member
Hart that the Economic Development City
Council /Citizens Ad Hoc Committee be a
Standing Committee so that Council
Members would have an opportunity to
appoint the members.
Council Member Sansone questioned the
status of the City's representative to
the Hazardous Waste Material Joint
Governmental Committee; wherein it was
suggested that this might be combined
with Environmental Quality Affairs
Citizens Advisory Committee.
Council Member Hedges suggested that
some of the Council Committees be
consolidated also; i. e., Budget and
Income Property Committees; and
Underground Coordinating Utilities and
Utilities Committees.
x
Motion was made for staff to do a
comprehensive review with
recommendations brought back to Council
in November.
8. Police False Alarm Responses - Report
from the Police Chief; wherein he
advised that the alarm calls represent
a significant drain on the Police
Department's resources when responding
to thousands of false alarms. He cited
that the alarms in the last five years
have been 99.4% false; responding to
5,398 alarms in 1993 and only 31 of
those were actually founded alarms. The
cost of managing the Alarm Program and
responding to those alarms should be
substantially offset by associated fees
as recommended in his staff report.
Police Chief McDonell reviewed the staff
recommendations 1 - 7, and advised that
no action be taken today, other than to
set the matter to the September 26
Council meeting to give the public the
opportunity to comment on these
recommendations, with a final vote on a
proposal to occur at the October 10
Council meeting, or later if Council
Volume 48 - Page 316
INDEX
(70)
0
Motion
All Ayes
Motion
All Ayes
is
COUNCIL MEMBERS
x
CITY OF NEWPORT BEACH
September 12, 1994
needs more time. The Police Department
will be hosting an informational meeting
to anyone affected by the proposed
recommendations, in the Council Chambers
at 7:00 p.m. on Wednesday, September 21,
with the comments directed back to
Council.
Dolores Otting, 17 Hillsborough,
commented that she has high regards for
the Police Chief, but questioned what
constitutes a false alarm, and how much
money is being asked for here, as she
doesn't really see any reason for fee
increases for anything in the City right
now. She cited a recent Budget
Amendment request for $100,000 for a
consulting company to look at the Police
Department computer system and another
Budget Amendment for $43,000 to study
the City system and make changes after
that.
With regard to the foregoing, Police
Chief McDonell advised that the
Municipal Code regulations states:
"False Alarm means the activation of an
alarm system through mechanical failure,
accident, misoperation, malfunction,
misuse, or the negligence of either the
owner or lessee of the alarm system or
any of their employees or agents. False
alarms shall not include alarms caused
by acts of God, the malfunction of
telephone lines, circuits or other
causes which are beyond the control of
the owner or lessee of the alarm
system." He added that the Budget
Amendments are necessary to develop a
systematic integration of an effective
Management Information System to
communicate between Finance and Police
Departments.
Following discussion, motion was made
that the Police Chief proceed with the
recommendations in the staff report.
City's Sphere of Influence - Report from
Planning Department.
Discussion began regarding John Wayne
Airport and the City's interest in
including JWA in the Sphere of
Influence.
Due to the electric power outage caused
by the Edison Company, motion was made
to defer further discussion to the
evening session at 7:00 p.m.
ADJOURNED AT 4:05 P.N. TO CLOSED SESSION
[Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED: None
RECESSED AT 4:45 P.N.
RECONVENED AT 7:00 P.N.
Volume 48 - Page 317
MINUTES
(21)
`Ilklli?EI
COUNCIL MEMBERS
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Motion
All Ayes
x
CITY OF NEWPORT BEACH
September 12, 1994
Council Member Cox was in attendance.
City's Sphere of Influence - Report from
Planning Department.
Patricia L. Temple, Advance Planning
Manager, summarized the subject staff
report noting there are three (3) areas
within the City's Sphere of Influence,
i.e., Santa Ana Heights, West Newport
Oil Company property, and the Newport
Coast. In response to a request by
Council Member Hart, she did investigate
potential expansion of the City's Sphere
in four other areas, i.e., 1) Costa
Mesa /Irvine Avenue Boundary; 2) John
Wayne Airport; 3) City of Irvine /Newport
Ridge; and 4) Crystal Cove State
Park /Laguna Greenbelt, which she
described as set forth in her report.
Following comments by the City Manager
and Council Member Sansone, Council
Member Hart stated that LAFCO will be
having only two more meetings this year,
October 9 and November 2, and she would
like the Council to consider asking
LAFCO to review the City's Sphere of
Influence on one of those dates. She
stated that even though John Wayne
Airport is not likely to be a part of
the City's Sphere, she felt it was
important to show an intent of being
willing to annex it and take the
responsibility for its future growth in
that area, as this could very well go to
another City, such as Irvine or Costa
Mesa.
Following discussion, motion was made by
Council Member Sansone to direct the
City Manager to establish a staff
committee to discuss Sphere -of- Influence
boundary /annexation issues relative to
the Costa Mesa boundary, the Newport
Ridge boundary, the Newport Coast
boundary, and John Wayne Airport. This
committee shall develop issue /position
papers on each under the guiding
principals of logical and definable
boundaries, service impacts and fiscal
sustainability. The City Manager's
office shall also initiate discussions
with the Cities of Irvine and Costa Mesa
regarding boundary issues, with the
intent of developing mutual agreement on
logical and appropriate municipal
boundaries. Due to the actions taken by
the City of Irvine regarding the Newport
Ridge boundary, this area should be
addressed as soon as possible. In
addition, staff to aggressively pursue
the feasibility of including John Wayne
Airport in the City's Sphere of
Influence, and request that LAFCO
schedule a public hearing on this matter
at the earliest possible date.
Volume 48 - Page 318
MINUTES
(21)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
S September 12, 1994
ROLL CRLL
Motion
All Ayes
•
•
MINUTES
INDEX
Legislation
Res 94 -80
(48)
Eire
Res 94 -81
(41)
Pkg Rstrctr
Res 94 -82
(85)
ComSysSrv/
C -3019
(38)
CdM Wtr Mn(
Aly Rplcm
Bal Pnsla
C -2939
(38)
(36)
CONSENT CALENDAR
X
The following items were approved, except for
those items removed:
ORDINANCES FOR INTRODUCTION - Schedule for
public hearing on September 26, 1994:
10. Removed from the Consent Calendar.
RESOLUTIONS FOR ADOPTION
11. Resolution No. 94 -80 in support of the
"Committee for 21,000 New Jobs" efforts
to pass the "ORANGE COUNTY/EL TORO
ECONOMIC STIMULUS INITIATIVE" on the
November 1994 Ballot.
12. Resolution No. 94 -81 regarding
DESTRUCTION OF CERTAIN FIRE DEPARTMENT
RECORDS. (Memorandum from Fire Chief)
13. Resolution No. 94 -82 establishing NO
PARKING RESTRICTIONS on designated
streets on certain days and times to
improve STREET SWEEPING EFFECTIVENESS.
(Memorandum from Traffic Affairs
Committee]
CONTRACTS AND AGREEMENTS
14. Removed from Consent Calendar.
15. Approve RADIO EQUIPMENT MAINTENANCE
AGREEMENT with Communications Systems
Services for maintenance of the City -
Wide fixed and mobile radio equipment
(Police, 800 MHz Fire, Marine Safety and
Public Works Band Radios). [Report
from Utilities /Police Departments]
16. CORONA DEL MAR WATER MAIN AND ALLEY
REPLACEMENT /BALBOA PENINSULA ALLEY
REPLACEMENT PROGRAM (CONTRACT NO. 2939)
- Award subject contract to John T.
Malloy, Inc., of Anaheim, California for
the total bid price of $380,075.
[Report from Public Works Department]
17. Removed from Consent Calendar.
18. Removed from Consent Calendar.
19. Removed from Consent Calendar.
20. CLAIMS - For Denial by the City Manager:
Frank Blickensderfer alleging water
valve lid was out of casing and lying
upside down in the middle of Pacific
Coast Highway between Seaward and Hazel,
Corona del Mar on August 2, 1994,
causing the ripping open of engine oil
pan and transmission cooler lines of his
vehicle. I
John E. Bucholz and Sally Ann Finley for
property damage at 312 Poppy Avenue, as
a result of Hazel Drive sewer and water
main replacement /street improvement
project (Contract No. 2892), August 19 -
23, 1994.
Volume 48 - Page 319
INDEX
Legislation
Res 94 -80
(48)
Eire
Res 94 -81
(41)
Pkg Rstrctr
Res 94 -82
(85)
ComSysSrv/
C -3019
(38)
CdM Wtr Mn(
Aly Rplcm
Bal Pnsla
C -2939
(38)
(36)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ss �
ROLL CRLL September 12, 1994
0
•
MINUTES
INDEX
'ract
:47.95
J/P 3533
(88)
Permit /EAV
(65)
Antonio Dinuto - Application for Leave
to Present Late Claim for personal
injuries /false arrest sustained at the
Police Department on February 11, 1992.
Jon P. Jarvi. for personal injuries,
etc., as a result of his motorcycle
hitting a deep rut in the street at 500
block Pacific Coast Highway on
February 23, 1994.
John McAlearney and Bill Handy for
property damage to garage walls (stains)
and door at alley of 1101 West Bay
Avenue, as a result of construction of
new waterline by City's contractor.
Carol Miller claim for reimbursement for
flat tire as a result of exit obstacles
at Corona del Mar main beach on August
10, 1994.
Eric Ochoa vs Rheem Mfg., Et Al. (Debin
Enterprises, Inc., Continental Energy
System, dba Debin 6 Associates, David A.
Carlson) for damages regarding explosion
of hot water boiler/heater /tank
combination (E1 Torito Restaurant,
Fashion Island) August 1, 1993.
Mary M. Van Allen for tar and oil damage
to her vehicle in May 1994.
Molly M. and Eric A. Wittenberg for
property damage to house at 1919
Glenwood Lane, as a result of sewer
backup on November 9, 1993 (costs
incurred not paid by insurance -
$2,579.33).
21. Removed from Consent Calendar.
22. FINAL MAP OF TRACT NO. 14795 - Approve,
with the finding and subject to the
condition of approval set forth in
Exhibit "A;" request to subdivide a 1.22
acre parcel of land into 18 lots for
conveyance purposes on property located
at 540 -626 Seaward Road, between
Isabella Terrace and De Anza Drive, in
Corona Highlands. [Report from Planning
Department]
23. USE PERMIT NO. 3533 - Approve a
subdivision agreement guaranteeing
completion of the public improvements
required with subject use permit located
at 3400 East Coast Highway (Marigold
Avenue and East Coast Highway). [Report
from Public Works Department]
24. ENCROACHMENT AGREEMENT FOR CONSTRUCTION/
MAINTENANCE PRIVATE IMPROVEMENTS WITHIN
OCEAN BOULEVARD AND "M" STREET PUBLIC
RIGHTS -OF -WAY ADJACENT TO 2061 OCEAN
BOULEVARD IN THE PENINSULA POINT AREA
Approve application subject to execution
of Encroachment Agreement for non-
standard improvements (agreement to be
recorded); and issuance of an
Encroachment Permit. [Report from
Public Works Department]
Volume 48 - Page 320
INDEX
'ract
:47.95
J/P 3533
(88)
Permit /EAV
(65)
COUNCIL MEMBERS
Fs � s-
ROLL CALL
•
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CITY OF NE"ORT BEACH
MINUTES
September 12, 1994 INDEX
25. SIDEWALK AND CURB AND GUTTER REPLACEMENT Lido Is /Sdw
PROGRAM/LIDO ISLE SIDEWALK REPLACEMENT & Gtr Rplcn
(CONTRACT NO. 2769) - Accept the work; C -2769
authorize City Clerk file Notice of (38)
Completion and release bonds 35 days
after recordation in accordance with
applicable portions of the Civil Code.
[Report from Public Works Department]
26.
HARBOR PERPIIT APPLICATION NO. 124 -3400 -
arbor Per¢
Approve application, subject to
Apl 124 -340
conditions in the staff report, for
(51)
request by Duncan McIntosh to
temporarily revise the commercial docks
bayward of Lido Village at 3366 Via
Lido. [Report from Marine Department]
27.
SPECIAL EVENT APPLICATION NO. 94 -103 -
Special
Approve request for use of Galaxy View
Events
Park for wedding ceremony with amplified
Apl 94 -103
sound from 11:00 a.m. - 12 Noon; park
(27)
rental is from 9 a.m. - 1 p.m., on
Saturday October 8, 1994; subject to
conditions in the staff report. [Report
from Recreation Superintendent /Community
Services Department]
28.
BUDGET AMENDMENTS
RA -004, Removed from Consent Calendar.
BA -005, Removed from Consent Calendar.
BA -006, $4,000 - Appropriate funds for
the annual refurbishment of tennis
courts from Tennis Court reserves;
Community Services/Recreation.
ITEMS
REMOVED FROM THE CONSENT CALENDAR
10.
Report from Planning and General
Areas /Recyc
Services Departments concerning proposed
Mater New
ORDINANCE, introduction /scheduling for
Dvlpms
public hearing on September 26, 1994,
(94)
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE ESTABLISHING
REGULATIONS AND GUIDELINES
RELATING TO AREAS FOR COLLECTING
AND LOADING RECYCLABLE MATERIALS
IH NEW DEVELOPMENT PROJECTS
(PLANNING COMMISSION AMENDMENT NO.
808).
Madeline Arakelian, South Coast Refuse,
addressed the Council regarding AB 1327,
the California Solid Waste Reuse and
Recycling Access Act, indicating she
felt the proposed Ordinance was not in
compliance with the State's model
ordinance and should be reconsidered.
It was noted in the staff report that
provisions of AB 1327, and the proposed
City Ordinance to implement that
legislation, will have no significant
impact on development in the City of
Newport Beach at this time because of
the availability of the solid waste
processing facilities negating the
Volume 48 - Page 321
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL CflLL
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`r September 12, 1994
INDEX
need for sorting and storing of
separated recyclable materials at the
site of new development. Additionally,
the proposed Ordinance exempts all areas
of the City served by collection of
commingled solid waste and recyclable
materials for transportation to a mixed -
•
waste processing or materials recovery
facility. However, should the City ever
modify its own MRF program to require
source separation of recyclable
materials, development projects would
then need to comply with the revised
code amendments.
The City Manager pointed out that as
long as the City continues to have the
materials recovery facility, he feels
the City is in compliance with State
law. The General Services Director has
also been in contact with officials at
the State level, and they feel the City
will be in compliance if the proposed
Ordinance is adopted.
Motion
x
Following comments by Council Member
Ord 94 -45
Hedges and additional remarks by Ms.
Arakelian regarding AB 939, motion was
made by Mayor Turner to introduce
Ordinance No. 94 -45 and schedule for
public hearing on September 26, 1994.
Council Member Sansone stated that when
the proposed Ordinance goes before the
County Waste Management Commission to
incorporate it into the SSRE, he felt
•
they are going to turn it down unless
the City makes provisions in the
document for separation.
Ayes
x
x
x
x
x
The motion was voted on and carried.
Noes
x
14. Report from Utilities Department
Ground WV
recommending approval of an Easement
Dev Prj
Deed and Pipeline Easement Agreement
(89)
with Orange County Flood Control
District /Talbert Flood Control Channel
(D -02) Reach No. 3 Pipeline - GROUND
WATER DEVELOPMENT PROJECT.
Dolores Otting, 17 Hillsborough,
addressed the Council regarding the
total cost of the subject agreement, in
which the City Manager pointed out that
there is a one -time purchase payment of
$111,490 for the permanent pipeline
easement, and a one -time temporary
construction easement which will cost
$22,298.
Long Pham, 1529 W. Balboa Boulevard,
addressed the Council and stated he has
reviewed the proposed project and does
not feel it has any merit and should be
further evaluated.
Mayor Turner informed Mr. Pham that the
City has one source of water which is
from the Metropolitan Water District;
the City has the permission to put the
City's pipeline into a section of the
County (near the San Diego Freeway) to
obtain underground water as an alternate
Volume 48 - Page 322
Motion
All Ayes
•
•
COUNCIL MEMBERS
x
CITY OF NEWPORT BEACH
September 12, 1994
source, and therefore, the City will not
have to rely on MWD as its sole source
of water. The City has been accumulating
funds to build this project which is
estimated at $18 million, some of which
is being floated by a bond issue to help
defray the cost in order that future
water rates can be held to a minimum.
Council Member Hedges stated that if Mr.
Pham has specific recommendations for
change on this project, he would be
happy to submit them to the Utilities
Committee for consideration.
Motion was made by Mayor Turner to
approve the recommended action.
Council Member Sansone noted that the
MWD has plans to develop a $10 billion
capital improvement program to increase
the supply of water from the Colorado
River to new reservoirs in Southern
California. Additionally, because of
reduced water sales, the revenue from
the MWD has gone down drastically, and
the only way they can get the money to
pay for this capital improvement program
is to increase the water rates to its
users. Therefore, he feels the proposed
Groundwater Development Project under
consideration is worthwhile and will
ultimately result in lower water rates
for the City.
17. READILY ACHIEVABLE ADA ALTERATIONS AND
PRIORITY STRUCTURAL ADA ALTERATIONS
(CONTRACT NO. 2941) - Report from Public
Works Department recommending subject
contract be awarded to Allied
Engineering & Construction, Inc., for
the total bid price of $466,650;
L.``t]
18. CONSULTANT AGREEMENT /STRUCTURAL ADA
ALTERATIONS (CONTRACT NO. 2948) - Report
from Public Works Department
recommending execution and approval of
an agreement with the firm of Hutson and
Partners, not to exceed $43,500.
Council Member Hedges referred to Agenda
Item No. 18, and asked the City Manager
if this particular work could be
performed in- house.
The City Manager responded that 908 of
the design work for the City is done by
contract. The Public Works Director
stated that neither the Public Works or
Building Departments' staff have
architectural capabilities, and in
addition, because of the recent
reduction in employees, its been up to
the private sector to perform the
majority of the design workload.
Council Member Hedges pointed out that
the above two proposals are as a result
of Federal mandate, and will cost the
City a total of $510,000 to comply with
Volume 48 - Page 323
MINUTES
(38)
INDEX
Altrtns
41
Cnsltn
948
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
OG�s92 �P\
ROLL CRLL
`r F` September 12, 1994
`111
one phase of the American Disabilities
Act. He estimated the City spent
$200,000 last fiscal year in compliance,
and because of these requirements, the
costs will be ongoing. He indicated that
with all of the other Federal mandates
being forced on municipalities, cities
•
are losing control, and he just wanted
the public to be aware of where their
tax dollars are being spent.
Motion
x
There being no further comments, motion
All Ayes
was made to approve the recommended
action on Agenda Items No. 17 and No. 18.
19. ATM LEASE WITH :ELLS FARGO BANE - Report
Wells Far
from Assistant City Manager recommending
Bnk /ATM L,
approval of subject agreement.
C -3018
The City Manager noted that Wells Fargo
(38)
Bank, after reviewing the subject
agreement, has suggested four minor
changes to the document and recommended
staff be given the authority to make
those minor modifications.
Motion
x
There being no objections, motion was
All Ayes
made by Council Member Hedges to approve
the City Manger °s recommendation and
authorize execution of the agreement as
revised.
21. HUMAN SERVICES ORGANIZATION ASSISTANCE
Human Sry
REQUESTS - Report from City Manager
Org Asst
recommending approval of grants pursuant
(40)
to 1994 -95 Budget/Reserve Fund for Human
•
Services containing $25,000 for Harbor
Area Adult Day Care Center - $1,000;
Y.E.S. Harbor Area - $1,000; Assessment
and Treatment Services Center - $2,000;
Newport - Mesa - Irvine YMCA - $12,000;
S.P.I.N. - $1,100; YMCA Counseling
Service - $5,000; and Orange County
Human Relations Council - $2,900.
Mayor Turner stated that in reviewing
the types of services being offered, he
would like to suggest the recommended
allocation to S.P.I.N. be increased to
$2,000 and the amount for YMCA
Counseling Service be reduced to $4,100.
The City Manager advised that if the
above suggestion is approved, the City
Council would be varying from the
adopted Council Policy guidelines for
this subject.
Council Member Hart stated that she will
abstain from voting on this matter
inasmuch as she serves on the Board of
Directors of two of the agencies under
consideration. She noted however, that
the YMCA serves primarily Newport Beach
and Costa Mesa and is located off of
Irvine Avenue, whereas the YMCA
Counseling Service is a separate branch
that offers counseling on a sliding
scale to all residents of Orange County.
Volume 48 - Page 324
COUNCIL MEMBERS
ROLL CALL�s�����
Motion
•
Motion
Ayes
Noes x x
Abstaine
,r
u
is
CITY OF NEWPORT BEACH
September 12, 1994
Council Member Hedges stated that the
Orange County Human Relations Council is
requesting $2,876, and the City Manager
is recommending approval of $2,900;
however, inasmuch as this organization
has a "zero tract record" in the City,
he moved to take $900 from the
recommended amount for OCHRC and give it
to S.P.I.M., with the remaining $2,000
to go to the YMCA.
The City Manager reported that the OCHRC
has given numerous presentations before
the Orange County City Managers
Association and the particular dollar
figure being recommended works on a
formula that has been developed for all
the Cities in the County. This
organization has indicated that their
funding has been substantially reduced
from the County of Orange; and
therefore, they are looking to cities as
partners inasmuch as they provide
services to all incorporated cities in
addition to County areas. He stated he
will provide further backup information
to justify his recommendation if deemed
necessary.
Following the above comments, substitute
motion was made by Mayor Turner to
approve the City Manager's
recommendation inasmuch as it complies
with Council Policy.
28. BA -004, $776,932.82 - Appropriate funds
for the purchase of the Wells Fargo Bank
property on Balboa from Off Street
Parking Reserves; Balboa parking lot
project/Wells Fargo land;
-]
BA -005, $20,097,571 - Report from
Finance Director request to re-
appropriate available capital project
budgets not expended or encumbered as of
June 30, 1994; Various Capital Project
Accounts.
At the request of Council Member Hart,
the City Manager gave a brief
explanation of the above two items, as
follows:
BA -004: The purchase of the subject
property comes from the Off- Street
Parking Fund; the City annually takes a
portion of the parking meter revenue and
sets it aside for future acquisition of
parking spaces with the last purchase
being a lot in Cannery Village; there
has been a need identified in the
Central Balboa area for additional
parking; this particular site was
purchased by Wells Fargo Bank in 1990
for $1,400,000; and there are 21 parking
spaces on the site as it exists, but the
City will be demolishing the building
and adding 18 additional parking spaces,
making a total of 39 parking spaces
which will generate additional revenue
from the parking meters.
Volume 48 - Page 325
MINUTES
(40)
005
(40)
INDEX
Amn
Amn
X
I
X
I X
x
September 12, 1994
Council Member Hedges stated that the
Orange County Human Relations Council is
requesting $2,876, and the City Manager
is recommending approval of $2,900;
however, inasmuch as this organization
has a "zero tract record" in the City,
he moved to take $900 from the
recommended amount for OCHRC and give it
to S.P.I.M., with the remaining $2,000
to go to the YMCA.
The City Manager reported that the OCHRC
has given numerous presentations before
the Orange County City Managers
Association and the particular dollar
figure being recommended works on a
formula that has been developed for all
the Cities in the County. This
organization has indicated that their
funding has been substantially reduced
from the County of Orange; and
therefore, they are looking to cities as
partners inasmuch as they provide
services to all incorporated cities in
addition to County areas. He stated he
will provide further backup information
to justify his recommendation if deemed
necessary.
Following the above comments, substitute
motion was made by Mayor Turner to
approve the City Manager's
recommendation inasmuch as it complies
with Council Policy.
28. BA -004, $776,932.82 - Appropriate funds
for the purchase of the Wells Fargo Bank
property on Balboa from Off Street
Parking Reserves; Balboa parking lot
project/Wells Fargo land;
-]
BA -005, $20,097,571 - Report from
Finance Director request to re-
appropriate available capital project
budgets not expended or encumbered as of
June 30, 1994; Various Capital Project
Accounts.
At the request of Council Member Hart,
the City Manager gave a brief
explanation of the above two items, as
follows:
BA -004: The purchase of the subject
property comes from the Off- Street
Parking Fund; the City annually takes a
portion of the parking meter revenue and
sets it aside for future acquisition of
parking spaces with the last purchase
being a lot in Cannery Village; there
has been a need identified in the
Central Balboa area for additional
parking; this particular site was
purchased by Wells Fargo Bank in 1990
for $1,400,000; and there are 21 parking
spaces on the site as it exists, but the
City will be demolishing the building
and adding 18 additional parking spaces,
making a total of 39 parking spaces
which will generate additional revenue
from the parking meters.
Volume 48 - Page 325
MINUTES
(40)
005
(40)
INDEX
Amn
Amn
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
tiF�s�
ROLL CAL September 12, 1994 INDEX
BA -005: Each year the City allocates
funds for Capital Projects;
unfortunately, not all of those projects
are completed that particular year. The
staff is requesting approval at this
time to re- appropriate available capital
project budgets not expended or
•
encumbered as of June 30, 1994. He
referenced. a list of the Capital
Projects included with the staff report
which he stated has undergone stricter
examination this year than in the past
in order to eliminate all unnecessary
projects and thus return unexpected
funds to reserves.
The Public Works Director distributed a
Supplemental Report dated September 9,
regarding the Police Facility Shooting
Range and stated that in order to fund
the rehabilitation of the shooting range
at the Police facility, $172,500 is
needed and a budget amendment will be
coming before the Council for approval.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed the Off- Street Parking Fund as
it relates to McFadden Square; the
revenue generated from the parking
meters at that location; and the funding
to purchase the Wells Fargo Bank
property.
Art De La Loza, 220 Kings Place,
addressed the Council and spoke in
•
support of rehabilitating the Police
Facility Shooting Range, stating he felt
it would be a prudent expenditure
inasmuch as police officers are
currently 'having to commute to Fountain
Valley to train.
Dolores Otting, 17 Hillsborough,
addressed the Council and stated that
she has reviewed the Preliminary Budget
for 1994 -95, particularly the Water and
Sewer Enterprise Funds; however, the
dollar amounts do not match up as to
what is being allocated and /or
transferred.
Mayor Turner commented that the staff
recently implemented an improved method
of identifying budgetary items which
could be confusing to some people, and
suggested Mrs. Otting contact the
Finance Director for clarification of
her concerns.
Motion
x
Motion was made by Council Member Hart
All Ayes
to approve Budget Amendments 004 -and 005
as presented.
•
PUBLIC HEARINGS
29. Mayor Turner opened the continued public
Fire /Weed
hearing regarding WEED ABATEMENT PROGRAM
Abatement
1994•
1994 (41)
Report from the Fire Chief.
Volume 48 - Page 326
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
S September 12, 1994
ROLL CRLL
•
Motion
All Ayes
n
•
MINUTES
INDEX
GPA 94 -1D
(45)
Central Bal
LCP 33
Ord 94 -44
Zoning
(94)
PCA 802
The City Manager stated that there are
only four properties being assessed in
this year's Weed Abatement program, and
that all owners have been notified of
this hearing to voice any objections.
The City Council may make such
modifications to the charges as deemed
equitable and the costs will then be
forwarded to the Revenue Manager. If
the Revenue Manager is unable to collect
said assessments, the uncollected amount
will then be forwarded to the County
Auditor to enter the amount of the
respective assessments on the County Tax
Roll opposite each parcel of land.
There being no one wishing to address
the Council, the public hearing was
closed.
x
Motion was made by Council Member Hart
to adopt Resolution No. 94 -83 confirming
the weed abatement costs to be assessed
to property owners listed in the staff
report.
30. Mayor Turner opened the public hearing
regarding:
A. GENERAL PLAN AMENDMENT NO. 94 -1 D
- An amendment to the Land Use
Element of the General Plan so as
to reflect land use changes
proposed as part of the Central
Balboa Specific Area Plan.
Location: 300 to 800 blocks of
East of Balboa Boulevard, 500 to
800 blocks of East Bay Avenue and
East Ocean Front; 100 to 300
blocks of Palm Street, Washington
Street, and Main Street; east side
of the 200 to 300 blocks of Adams
Street; and west side of the 100
to 300 blocks of A Street; and the
acceptance of an Environmental
Document;
AND
B. Local Coastal Program Amendment
No. 33 - An amendment to the Local
Coastal Program Land Use Plan so
as to reflect land use changes
proposed as part of the Central
Balboa Specific Area Plan;
AND
C. Proposed ORDINANCE NO. 94 -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 ADD
CHAPTER 20.65 (SPECIFIC PLAN
DISTRICT: CENTRAL BALBOA) AND
AMENDING DISTRICTING MAP NO. 11 TO
REDESIGNATE THE AREA WITHIN THE
PROPOSED BOUNDARIES OF THE CENTRAL
BALBOA SPECIFIC AREA PLAN FROM
RSC -R, RSC -R -Z, MFR, R -2, R -2, AND
U TO SP -8 (PLANNING COMMISSION
AMENDMENT NO. 802);
Volume 48 - Page 327
INDEX
GPA 94 -1D
(45)
Central Bal
LCP 33
Ord 94 -44
Zoning
(94)
PCA 802
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL CRLL September 12, 1994
TNnFx
Report from Planning Department.
Zoning
The City Clerk advised that after the
agenda was printed, a letter was
received from the Balboa Peninsula Point
•
Association in opposition to the
proposed Specific Area Plan for Central
Balboa in its present form.
Patrick Alford, Senior Planner,
summarized the applications as set forth
in the staff report, and noted the
following:
"This plan is the recommendation
of a citizens committee who have
worked at directing the drafting
of the plan over a three -year
period. The committee consisted
of representatives of the
Peninsula Point and Central
Newport Beach Homeowners
Associations, and the Central
Balboa Merchants Association.
"The Specific Area Plan contains
a set of goals, objectives and
policies to guide development of
the area; a set of land use
regulations designed to see that
the use of property conforms with
the goals of the Specific Area
Plan; a set of property
development regulations designed
•
to see that the physical
development of property conforms
to the goals of the Specific Area
Plan. Included are incentives for
new development; measures to
maintain and strengthen the
general pedestrian orientation;
decorative streetscape
improvements; screening of refuse
storage areas, mechanical
equipment, revised sign
regulations and revised
landscaping standards.
"It is hoped that the above
components, working in
conjunction, will create an
environment to improve the area's
economy and character."
Council Member Hedges expressed
appreciation to all the committee
members for their hard work and efforts
in developing the proposed Specific Area
Plan, and welcomed public input.
Chan Lefebvre, 2112 E. Balboa Boulevard,
representing Balboa Peninsula Point
Association Board of Directors,
addressed the Council and outlined their
concerns as enumerated in their letter:
•
1) traffic increases, 2) additional
public parking areas, 3) Wells Fargo
site, 4) additional traffic signal at
Washington Street, 5) precondition to
expenditure of City funds, 6)
maintenance district, 7) Balboa
Boulevard building setback, and 8)
private encroachments into public right -
of -way. In conclusion, they
Volume 48 - Page 328
COUNCIL MEMBERS
yc���s9y
s
CRLL
•
CITY OF NEUORT BEACH
September 12, 1994
requested the Council consider what
makes other older commercial areas of
the City relatively successful. Marine
Avenue on Balboa Island, downtown Corona
del Mar and Lido Village have not
required large amounts of taxpayer
money, and they each have
proportionately less parking than
Balboa.
In response to the concern as to who
will pay for the proposed improvements,
the City Manager noted that on Page 32
of the staff report, Public Improvement
Component, it describes that many of the
improvement projects would be funded
over a number of years during the City's
regular budget cycle. As he views the
proposed Specific Area Plan, this is the
"first leg of a stool" to revitalize
Central Balboa. It is clearly going to
take a partnership between the public
and private sector to implement the Plan
as the City cannot totally fund all the
improvements. Being fully cognizant of
the City's budgetary constraints, he
felt there might be funding available
through the Community Block Grant
program because of the proposed economic
development.
Tom Hyans, President, Central Balboa
Homeowners Association, addressed the
Council and stated they support, in
concept, the majority of the concerns
cited by Mr. Lafebvre and feel the Plan
is a good document and guideline for the
future. He stated that there was a
great deal of difficulty implementing
the Specific Area Plan for Cannery
Village/McFadden Square primarily
because of the assessment districts, and
the assessment district that was to
resolve the "mixmaster" for the benefit
of the residents was never accomplished,
and has even gotten worse. He briefly
discussed the circulation and parking
plan for Balboa; the proposed traffic
signal at Washington Street; and stated
if the traffic concerns are resolved he
felt the Plan will prove beneficial.
Elaine Linhoff, 1760 E. Ocean Boulevard,
addressed the Council in opposition to
the proposed traffic signal at
Washington Street and Balboa Boulevard,
stating she felt it was unnecessary and
unacceptable. She urged that Main
Street not be made into a "pedestrian
street only" as it could result in loss
of the Post Office, and questioned the
reference to a traffic study in the
notice of this public hearing.
Mr. Alford responded that as part of the
environmental review of this project, a
traffic study was required to assess
possible impacts of the land use changes
being proposed, and as a result, a
Negative Declaration was prepared in-
house.
Volume 48 - Page 329
MINUTES
Zoning
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CALL F September 12, 1994
MINUTES
INDEX
Curtis Herberts, 2290 Channel Road,
Zoning
addressed the Council and stated he owns
the property where the Balboa Saloon and
Pizza Pete's is located on Washington
Street, and opposes the proposal to
place a traffic signal at Washington
•
Street and Balboa Boulevard. He stated
he objects to any change in the traffic
flow in the downtown Balboa area; he
also is opposed to making Main Street
for pedestrian use only; and he is not
in favor of placing rock salt on the
sidewalks. He discussed his concerns
regarding the construction of commercial
development, and the proposed zone
changes in the Specific Area Plan.
Sid Soffer, 900 Arbor Street, Costa
Mesa, -speaking to the issue of promoting
tourism on the Peninsula, stated that
"you can't expect to bring in more
people in this City without increasing
traffic." He also discussed the poor
economic situation at McFadden Square
this past Summer, and made comments
regarding the McFadden Square parking
meter fund.
Gus Chabre, 1130 E. Balboa Boulevard,
addressed the Council and discussed the
reasons he felt the proposed Maintenance
District in the Specific Area Plan is a
drawback and should be reconsidered
before a vote is taken on the Plan.
•
Council Member Hedges stated he attended
the last regular meeting of the Balboa
Merchants and Owners Association where
they discussed the possibility of adding
a fee to the Business License tax
specifically to handle the maintenance
problem.
Bob Black, representing Balboa Merchants
and Owners Association Board of
Directors, stated they endorse the
Specific Area Plan "pretty much as is."
He realizes there is much more to work
on once the Plan is implemented; he felt
it is very important for property owners
to maintain the areas around their
property; that Balboa is really in need
of a face -lift and the Specific Area
Plan should be adopted. He stated their
Association would like to address the
issue of the ficus trees on Main Street
inasmuch as they are growing so close
together and some will eventually have
to be removed.
W. R. Dildine, owner of 320 E. Balboa
Boulevard, addressed the Council and
discussed his concerns as to the cost of
the proposed improvements and how they
will be funded. He also does not feel
•
his property should be included in the
Specific Area Plan and requested that
Blocks F, G, R, and 205 Cypress Avenue,
zoned R -2 be deleted.
In response to the above remarks, Mr.
Alford stated that the original
recommendation of the Specific Area Plan
Committee was to have the last
commercial block in that particular area
Volume 48 - Page 330
COUNCIL MEMBERS
00 MAV`�`
•
•
•
September 12, 1994
(Block S), changed to two- family-
residential in the Land Use Plan which
is the equivalent to R -2 in the Specific
Area Plan. However, during the Planning
Commission hearing, some property owners
indicated they felt that this change
would be a down- zoning of their
properties and requested a commercial
designation be retained. Following a
number of discussions, a compromise was
reached and Block S is now to remain
commercial in the General Plan with a
new zone known as R -P incorporated into
the Specific Area Plan. The R -P zone is
• mixed use and allows residential with
• limited amount of commercial. If the
area in question is removed from the
Specific Area Plan, there could be a
problem because there would be no R -P
zone equivalent in the current Zoning
Code.
The Planning Director pointed out that
even though a parcel of property is
included in the Specific Area Plan, this
does not necessarily mean it will be
included in an Assessment District, and
that prior to any formation of a
District, a study is required to
determine what the benefits would be as
well as a public hearing.
Virginia Herberts, 2290 Channel Road,
addressed the Council and stated she
favors all of the ideas pertaining to
enhancing and beautifying the down town
area, and to maintain the district once
it is improved; however, she is
concerned about the proposed revised
circulation plan, and felt there is no
need for a traffic signal at Washington
Street; she also hoped that the majority
of the trees on Main Street would remain
in order to keep the attractive "arbor"
effect.
Maudette Ball, President, Balboa
Peninsula Point Association, addressed
the Council and asked for clarification
regarding the various types of available
funding for the proposed improvements.
In response to the above, the City
Manager stated that as one source of
funding, there would be money in the
1995 -96 Community Block Grant Program
which possibly could be earmarked for
improvements in Central Balboa.
Jim West, owner of 514 E. Ocean Front,
addressed the Council and commended the
City for following through on a
commitment and working with owners in
the area in an attempt to improve the
economic development in the Central
Balboa area. He stated that many of the
concerns talked about at this meeting
can be resolved at a later date, and
that the City should move forward with
the Plan.
James Petrilli, 2501 Bamboo Street,
owner of 504 E. Ocean Front, addressed
the Council and stated he was in support
of revitalizing commercial interest in
Volume 48 - Page 331
001WI
Zoning
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
y �
September 12, 1994
ROLL CRLL \%
INDEX
the Central Balboa area; however, he did
Zoning
have some objections to the proposed
Specific Area Plan as presented. He
submitted a petition and prepared
statement outlining his recommended
amendments to the Plan, and stated he
•
felt that the increased height
limitation, loosening of parking
requirements, and rezoning to R -3 and R-
4 would be fair trade -offs for the
residential property owners who are
being negatively affected by the current
plan which will increase traffic to the
area and will increase the number of
cars parked in front of their
properties.
Britta Pulliam, owner of restaurants at
111 Palm Avenue and 205 Main Street,
addressed the Council in support of the
Specific Area Plan and urged approval
not be delayed any further.
Roy Wilson, 913 W. Bay Avenue, owner of
701 E. Balboa Boulevard (Beach Cottage)
at Washington Street, addressed the
Council and discussed the proposed
traffic signal at Washington Street, and
the need to improve the Central Balboa
area. He stated he has another retail
store on Balboa Island that does a much
better business than his shop on the
Peninsula and he believes it is because
of the upgraded environment. He stated
he endorses the Specific Area Plan and
•
urges adoption.
Madeline Arakelian, owner of property on
Ocean Front, addressed the Council and
received clarification as how to amend
a Specific Area Plan once it is adopted;
discussed the proposed traffic signal at
Washington Street, and her concerns
regarding increased traffic on the
Peninsula.
Gary Malazian, 4827 Cortland Drive,
owner of property adjacent to the Balboa
Theater where the chocolate store is
located, addressed the Council, and
stated that many of the issues brought
up this evening have been discussed in
detail at the Balboa Merchants and
Owners Association meetings, and invited
those concerned residents to attend any
of their upcoming meetings. He stated
that because some business property
owners will not clean their sidewalks or
windows, they are looking into the
feasibility of establishing some type of
assessment district with the City for
the cleaning and maintenance of the
sidewalks. He also noted that it is
their recommendation to keep some
parking spaces in front of the post
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office on Main Street, but to remove all
other parking so that it would be for
.pedestrians only. With respect to the
ficus trees on Main Street, it is the
Association's recommendation to remove
every other tree.
Volume 48 - Page 332
COUNCIL MEMBERS
ROLL CRLL��s�����
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Mien
x
CITY OF NEWPORT BEACH
September 12, 1994
Mari Kosger, 502 E. Ocean Front,
addressed the Council and expressed her
concerns and opposition to the
recommended increase in parking spaces
in the proposed Specific Area Plan in
the 500 block of Ocean Front which faces
the Balboa Pier parking lot. She stated
she felt the additional vehicles,
particularly recreational vehicles, will
add noise and pollution to the area, as
well as block some of their views.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Hedges stated he was
Chairman of the Specific Area Plan
Committee for the past three years, and
would like to express appreciation to
the Committee members as well as the
public who attended their meetings. He
commented that the proposed Plan is not
perfect and will not satisfy everyone;
however, he felt it is a good document
which contains a number of concessions
made during their many deliberations and
at the Planning Commission hearings.
Pertaining to the proposed traffic
signal at Washington Street, he stated
this would. only occur if the traffic
study warrants installation. He added he
is available to discuss individual
concerns and /or clarify areas of the
Plan for those who may wish to contact
him.
In view of the foregoing, motion was
made by Council Member Hedges to:
(a) Adopt Resolution No. 94 -84,
approving General Plan
Amendment 94 -1(D) and
accept the Environmental
Document;
(b) Adopt Resolution No. 94 -85,
approving Local Coastal
Plan Amendment No. 33;
(c) Adopt Ordinance No. 94 -44.
Council Member Hart referenced the
proposed traffic signal at Washington
Street in which the staff noted that it
is not included in the Specific Area
Plan as a programmatic component, but
could be brought up as part of the
consideration of the revised Circulation
Plan.
Mayor Turner asked Council Member Hedges
if he would include in his motion,
direction Ito staff to investigate the
various funding mechanisms that possibly
could be used for the proposed
improvements. Council Member Hedges
Indicated he had no objections.
Council Member Hedges referenced the
concern over the ficus trees on Main
Street, and following discussion, staff
recommended that Item No. 4 on Page 33
of the staff report be revised to read
as follows:
Volume 48 - Page 333
MINUTES
Zoning
94 -84
Res 94 -85
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
ROLL CRLL t� September 12, 1994 TNnFY
"Remove existing and install new
Zoning
trees on the east and west sides
of the 100, 200 and 300 blocks of
Main Street in conjunction with
planned improvements. Existing
trees shall be maintained to the
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extent necessary to preserve the
character of the tree lined canopy
unless public safety or a diseased
condition warrants removal. Tree
wells are to be flush - mounted with
steel grating with brick paver
trim and /or brick surfaces."
All Ayes
Council Member Hedges stated he was in
support of the above change, and the
motion, as amended in the foregoing, was
voted on and carried.
PUBLIC COMMENTS
1. Council Member Hedges commented that the
recent big band dinner and dance
sponsored by the Balboa Merchants and
Owners Association during the Seafest
celebration was very enjoyable and he
hopes it becomes an annual event.
2. Tom Hyans, President, Central Newport
Beach Community Association, 217 19th
Street, addressed the Council regarding
the Off- Street Parking Meter Fund. He
stated he also concurred in the earlier
remarks of Mrs. Otting regarding the
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need for clarification in interpreting
the method in which certain items are
listed in the budget document, as he
felt it is getting more difficult to
understand.
The City Manager commented that with
regard to referencing capital
improvement projects in the budget, the
staff is in the process of listing the
actual project numbers for easier
identification and match -up, and those
numbers will appear in the final
approved budget document once it is
printed. He also invited anyone who
needs clarification of the budget
document to either contact him or the
Finance Director.
3. Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed promoting business in general
as well as on the Peninsula.
4. Casey Davidson, 128 -1/2 43rd Street,
addressed the Council and submitted a
prepared statement regarding a police
incident which took place on August 21,
1994 near Lucky's shopping center which
involved her son and a friend and the
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way in which they were treated by the
Police Department.
Mayor Turner stated he would have the
Police Department investigate the
allegations contained in the above
statement.
Volume 48 - Page 334
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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Fs� September 12, 1994
ROLL CALL
MINUTES
INDEX
5. Carmen Langford, P.O. Box 1783, Newport
Beach, addressed the Council and stated
that her vehicle was towed in error from
4507 Pacific Coast Highway, Newport/
Balboa Village. She stated that there
were no signs posted designating "No
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Parking," as required by Section 22658
of the Vehicle Code and requested that
staff investigate the site as she
intends to pursue the matter in court.
6. Dolores Otting, 17 Hillsborough,
addressed the Council and emphasized the
need for easier interpretation of the
budget document. She stated that when
she was researching certain items she
was looking for the name of the project,
and not project account numbers. She
also expressed dissatisfaction over an
article written by a Department Director
in the recent City Manager's Weekly
Newsletter, stating she would hope the
Newsletter is not used as a "hit list"
for people who want to participate in
City government, and suggested an
apology be made to the individual named
in the memorandum.
7. W. R. Dildine, owner of 320 E. Balboa
Boulevard, addressed the Council and
stated for the past 30 years he has been
involved with the City for various
reasons, and has always been treated in
a courteous manner by City staff.
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S. Charlie Gabbard, 432 -1/2 Heliotrope
Avenue, addressed the Council and
invited those interested to attend
Corona del Mar's 90th celebration,
Tuesday, September 13 at 6 p.m. at
Sherman Gardens.
9. Long Pham, 1529 W. Balboa Boulevard,
addressed the Council regarding his
concerns over the Groundwater
Development: project, particularly the
Geology Study.
The City Manager requested Mr. Pham
contact his office for the information
he is interested in obtaining.
10. Margaret Spot, Corona del Mar (no
address given), addressed the Council
regarding dog nuisances, and suggested
the staff look into imposing a fine on
property owners who do not carry a
plastic bag and pick up after their dog,
as well as dog owners who violate the
leash law.
At the request of Council Member
Sansone, the City Attorney stated he
would investigate the above suggestion
and report back.
•
CURRENT BUSINESS - SUPPLELENTAL AGENDA ITEM
31. Report from City Attorney regarding
John Wayn
PROPOSED INITIATION OF AIR CARGO SERVICE
Airport /A
AT JOHN WAYNE AIRPORT.
Cargo Sry
(54)
Volume 48 - Page 335
COUNCIL MEMBERS
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CFFLL s
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Motion
All Ayes
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0
CITY OF NEWPORT BEACH
September 12, 1994
The City Attorney summarized his report
concerning proposed amendments to Phase
2 Access Plan, United Parcel Service,
proposal to initiate all cargo service
at John Wayne Airport, and recommended
the following: Retention of McDermott,
Will and Emery, a law firm who
specializes in airport and CEQA
litigation to evaluate DEIR 552; the
comments submitted by the City to date,
and make recommendations regarding
submittal of additional documentation
that may be necessary to protect the
City's interest if approval of this
project results in litigation; and
further, to retain the legal counsel of
Stansfield and Cutler who specialize in
airport noise issues and will represent
the City's interest before the FAA
Administration.
The City Attorney stated that the cost
for the above would be a maximum of
$5,000 to each law firm and any
additional expenses would come back to
the City Council for approval.
Motion was made by Mayor Turner to
approve the foregoing recommendation.
Meeting adjourned at 11:00 p.m.
The agenda for this meeting was posted
on September 8, 1994 at 8:10 a.m., and
the Supplemental Agenda was posed on
September 9, 1994 at 11:30 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
ATTEST:
Z
Volume 48 - Page 336
MINUTES
t /Air
Sry