HomeMy WebLinkAbout10/24/1994 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
REGULAR COUNCIL MEETING
yF� PLACE: Council Chambers
Fs F� {- TIME: 2:00 P.M.
DATE: October 24, 1994
ROLL CRLL
Present
Excused
Motion
All Ayes
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MINUTES
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ROLL CALL
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Reading of Minutes of Meeting of October 10,
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 LIEF
STAFF TO REPORT ON AT A SUBSEQUENT MEETING:
None.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO
PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF
REPORT: None.
COUNCIL COMMITTEE REPORTS - For
discussion /action:
X
1. Environmental Quality Affairs Committee
Minutes of October 3, 1994, were
received and filed.
x
2. Underground Utilities Coordinating
Committee Minutes of September 28, 1994,
were received and filed.
Discussion ensued regarding Pacific Bell
taking more time than perceived in
providing .the City with necessary
engineering plans and the inability of
the Public Works Department to expedite
matters, wherein Mayor Turner suggested
he draft a letter to the phone company
in an effort to expedite receiving
Pacific Bell's final cost estimates for
the proposed special assessment
districts.
3. Harbor Quality Committee - Minutes of
September 8, 1994 and October 13; and
Discussion of the IRWD Proposed
Reclaimed Water Project.
Mayor Pro Tem Watt stated that at the
last Harbor Quality meeting they had a
lengthy discussion regarding Irvine
Ranch Water District's proposal and the
several options for Council to take
regarding the proposed two -year Wetlands
Demonstration Project.
Nancy Skinner, 1724 Highland Drive,
Member, Harbor Quality Committee,
introduced herself and her husband John,
stating that they have been interested
in water quality issues in Newport Bay
for the past nine years. She advised
that the project before Council today is
a Negative Declaration that has been
circulated by the Irvine Ranch Water
District (IRWD), who have extended the
time for input and continued the open
public meeting until the 21st of
November. This still gives the City of
Newport Beach time to have a say about
this particular Negative Declaration.
The Negative Declaration is talking
about a project that will allow IRWD,
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CITY OF NEWPORT BEACH
October 24, 1994
if passed by the Santa Ana Regional
Water Quality Control Board, ultimately
to discharge up to six million gallons
a day of reclaimed water from the
reclamation plant at San Diego Creek,
through some duck ponds and then into
the creek above Campus Drive/University
Avenue resulting in runoff as a
discharge into Upper Newport Bay. The
Negative Declaration did not address any
impacts on Upper Newport Bay and this
was brought to their attention, as the
City is concerned about what is in the
Bay and not the Creek. Mrs. Skinner
urged that the Council oppose the
project outright because it will add up
to 278 more nitrates into the Bay which
is the cause of the excess algae in the
Bay, or request that IRWD prepare a
complete EIR and disapprove the Negative
Declaration.
John Skinner, 1724 Highland Drive,
displayed an enlarged picture taken last
week of the Dunes showing significant
algae in October as a result of the
nitrate loads. He added that if the
Wetlands Demonstration project is
implemented there could be 1,000 pounds
of new nitrates per day from a new point
source entering the Bay. Although IRWD
states this is a short -term project,
their ultimate goal is to have some way
of disposing, in years to come, the
amounts of reclaimed water that they are
not able to sell in the winter time.
IRWD argues that the planned discharge
program is in the winter time so it
shouldn't really cause much trouble to
the Bay. Mr. Skinner displayed an
enlargement of a photo taken in January
of 1986 when IRWD and the nurseries were
discharging, showing the growth along
the shores of the south side of Lido
Island, which indicates that it's not
just a summer problem, its a fall and
winter problem also. He thinks a
picture is worth a thousand words, and
displayed an enlargement of the duck
ponds, which does not depict the usual
marshlands habitat that is a mature one
with bulrushes and weeds, but is an area
that has a significant amount of
nitrate. He recommended that the Council
deny the project or ask for a full EIR.
In answer to Council Member Sansone's
question, Mr. Skinner stated that Title
22 water reclaimed and treated as far as
getting rid of the pathogens is put
through primary, then secondary
treatment and goes through further
filtration with charcoal, then
chlorinated so that it is considered
safe to use on crops. As far as a
health threat, it's not a concern of the
Harbor Quality Committee, but what
happens is that the nitrates present in
reclaimed water comes from the breakdown
of urine products and when urine goes
through the treatment process, urea or
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Upper
Newport
Bay
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
October 24, 1994
waste product breaks down to ammonia
which then is converted to nitrate and
is very hard to get out of reclaimed
water only through some nitrate
stripping mechanism.
In response to Council Member Cox's
question regarding minimum nitrate level
that is desirable for revegetation, and
are we at that level now, Mr. Skinner
advised that the Bay needs some
nitrates, but 12,000 pounds a day that
were discharged in 1986 caused the death
of fish through ureafication which
clearly is a problem. Nitrates linger
for a long time in the Bay through
recycling processes and what is put into
it in the winter is going to stick
around for a long time.
In response to Council Member Debay's
question, Mr. Skinner advised that IRWD
presently does have a connection to
Orange County Sanitation District. In
winter time in order to not have an
excess of reclaimed water the IRWD pipe
their untreated sewage to the Sanitation
District for treatment and then the
effluent goes out the Orange County
outfall off Huntington Beach. But the
bottom line is money, and the IRWD would
have to build a larger treatment plant,
or buy extra capacity in Orange County
Sanitation District which would cost
approximately $20 million.
Joanne Schneider, Environmental Program
Manager with Santa Ana Regional Water
Quality Control Board, updated the
Council as to their status with the
project. They have received from IRWD
an application for a permit to discharge
reclaimed water that comes through the
Wetlands Demonstration Project to San
Diego Creek. They have advised IRWD
that it is not their intent to act on
that application and begin to draft a
permit until such time as IRWD has
completed its environmental review
process under CEQA, and the SARWQCB is
pretty much in the same situation as the
City of Newport Beach, confronted with
the need of a responsible agency to
comment on the IRWD proposed Negative
Declaration. Ms. Schneider advised that
on the basis of the SARWQCB review of
the proposed Negative Declaration, their
comments will be along the lines that
IRWD has not satisfied CEQA, have not
satisfactorily evaluated the potential
impacts of their project on water
quality, particularly in Newport Bay,
and that the apparent best remedy is to
conduct an analysis through a focused
EIR that does evaluate the impacts of
the project on water quality.
In response to Mayor Turner, Ms.
Schneider advised that a focused EIR
would be just to address this issue, and
it wouldn't have to cover all of the
potential CEQA issues, or environmental
issues, but where there is a particular
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CITY OF NEWPORT BEACH
October 24, 1994
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Upper
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question of concern, the SARWQCB will
request an EIR from the IRWD before
November 11, which is the final date for
comments.
John Wolter, City's Cooperative Projects
Engineer, advised that he was asked to
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take a look at the project to update the
Council, and this is presented in the
staff report. He has talked to the IRWD
and the Orange County Environmental
Management Agency Harbors, Beaches and
Parks Division who have worked in this
area along with the SARWQCB, and from
the Public Works perspective, the City
has worked with these agencies for the
last 10 -15 years in Upper Newport Bay
and San Diego Creek, primarily with
concern over sediment control, and then
more recently with efforts toward the
State reducing the nutrients that come
down into the Bay. His view of IRWD's
proposal to date isn't in opposition to
anything that he has heard from the
Skinners or from the SARWQCB, and he
feels that there is an opportunity to
become more closely related with IRWD in
trying to work out efforts to look at a
possible treatment for low flows that
come down San Diego Creek. He
recommends that the treatment of
nutrients that come down San Diego Creek
and other pollutants that would benefit
the Bay be put through some kind of
marsh treatment, and feels that this is
something that the City could look into
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and continue discussions with the IRWD.
Mayor Turner stated that he is not
opposed to doing an EIR or focused EIR,
but his concern is that a full EIR takes
on a large scope that might be difficult
to put into a study and come to any
conclusions that would be helpful to the
program.
Don Webb, Public Works Director,
suggested that their memorandum include
some recommendations that the City
requests a focused EIR to discuss
impacts on Newport Bay water quality
resulting from the proposed
demonstration project, along with
comments to continue discussing the
other items contained in staff's
memorandum of October 20, 1994 to the
City Manager.
Charlie Gabbard, Corona del Mar,
addressed the Council, stating that he
is opposed to the whole project until
there is an EIR. He feels that with
Michelson Pump Station out there that
the IRWD could send their waste material
to Orange County Sanitation and have it
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go out in the outfall five miles into
the ocean. He doesn't believe there is
enough information available now to
render a reasonably intelligent
decision. He believes that the City
should work with IRWD, but not
compromise the City's position regarding
the Back Bay, or the Dunes.
Volume 48 - Page 381
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Upper
Newport
Bay
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CALL October 24, 1994
MINUTES
INDEX
Elaine Linhoff, 1760 E. Ocean Boulevard,
Upper
sees no advantage to the City in
Newport
allowing the subject project and sees
Bay
lots of disadvantages to the water
quality in Newport Bay if the IRWD is
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allowed to go ahead with its project.
She feels that the City should either
reject the project outright and ask that
they do their experiment and then pump
the water back into the Sanitation
District as they could do, or else
require the EIR that would give the City
more information on which to base their
final decision.
4otion
x
Mayor Pro Tem Watt made a motion that
Mayor Turner be authorized to write a
letter requesting that the IRWD prepare
a complete EIR, and the EIR should
include, but not be limited to the fate
of the nitrates into the Bay, along with
the Public Works Director's
recommendations in the foregoing.
Mayor Turner stated that in supporting
a focused EIR the IRWD, under CEQA
requirements, would have to do a very
thorough analysis.
Mayor Pro Tem Watt amended her motion to
include a focused EIR.
Jeff Staneart, Utilities Director, gave
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an update on the past five years
regarding the Green Acres reclaimed
water project with the Orange County
Water District. He advised that as part
of that project Newport's potential
demand for reclaimed water primarily on
the eastern side of the City is about
1,000 acre feet per year. The City has
also participated in a three -way funded
study with the IRWD, and the Orange
County Water District to study the
alternatives of having the reclaimed
water system of IRWD linked with the
Green Acres Project System that
currently serves parts of Costa Mesa,
Santa Ana and Fountain Valley that is
proposed to be constructed into parts of
Newport Beach. Also, some of these
issues that relate to sharing of
reclaimed and tertiary treated water
could be cooperatively managed between
IRWD reclaimed water system and the
Green Acres Water Project System after
about six months of study on the
feasibility for constructing that
additional pipeline link between IRWD's
system and Orange County System. He
believes the agencies determined at this
time that it would not be financially
feasible as to the times of the year
that they might have excess reclaimed
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water.
In response to Council Member Sansone
regarding the Spyglass Hill connection,
Mr. Staneart advised that the number of
customers that are proposed to be
connected to the San Joaquin Hills
Volume 48 - Page 382
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ROLL CALL
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All Ayes
Motion
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CITY OF NEWPORT BEACH
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October 24, 1994
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Reclaimed Water Project from the IRWD
includes the Big Canyon Reservoir,
properties of Lincoln School, Harbor Day
School, and Pacific View Cemetery
grounds, with an annual total reclaimed
irrigation in this project of about 100
acre feet per year.
The motion, as amended was voted on and
carried.
STAFF REPORTS - For discussion /action:
4. Planning Commission Action - Meeting of
October 20, 1994.
Following verbal update by Jim Hewicker,
Planning Director, motion was made to
receive and file the Planning Commission
Action of October 20, 1994.
ADJOURNED AT 2:46 P.M. TO CLOSED SESSION
[Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED: None.
RECESSED AT 5:10 P.M.
RECONVENE AT 7:00 P.M.
Council Member Hart was present for the
evening session.
CONSENT CALENDAR
X
The following items were approved, except for
those items removed:
ORDINANCES FOR INTRODUCTIOA - Pass to second
reading on November 14, 1994:
5. Removed from the Consent Calendar.
6. Removed from the Consent Calendar.
7. Removed from the Consent Calendar.
RESOLUTIONS FOR ADOPTION
8. Resolution No. 94 -88 encouraging the use
of FIRE SAFE ROOFS throughout the City.
9. Resolution No. 94 -89 approving the
submittal of the City's 1995/96 program
application to the Orange County
Transportation Authority for funding
under the ORANGE COUNTY COMBINED
TRANSPORTATION FUNDING PROGRAM, and
direct staff to apply for funding under
the Orange County Combined
Transportation Funding Programs for the
various projects as included in the
City's application package. [Report
from Public Works Department]
0. Resolution No. 94 -90 of Support and
Cooperative Project Participation with
the County of Orange for a Measure M
funding application in conjunction with
the project to WIDEN IRVINE AVENUE FROM
UNIVERSITY DRIVE TO BRISTOL STREET
SOUTH. [Refer to report with agenda
item 9]
Volume 48 - Page 383
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CITY OF NEWPORT BEACH
October 24, 1994
11. Resolution No. 94 -91 of Support and
Cooperative Project Participation with
the City of Costa Mesa for a Measure M
funding application in conjunction with
the project to DESIGN AND CONSTRUCT THE
MISSING SR- 55/SR -73 CONNECTOR RAMPS "B
AND D." [Refer to report with agenda
item 9]
12. Removed from the Consent Calendar.
13. Removed from the Consent Calendar.
CONTRACTS AND AGREEMENTS
14. MACARTHOR BOULEVARD WIDENING /PACIFIC
COAST HIGHWAY TO FORD ROAD (CONTRACT NO.
2825) - Amendment to an Engineering
Services Agreement with Robert Bein,
William Frost & Associates increasing
the compensation amount by $77,616 for
fees and the reimbursable budget by
$40,000; and a three -party Memorandum of
Agreement regarding future Bison Avenue
with San Joaquin Hills Transportation
Corridor Agency and California Corridor
Constructors. [Report from Public Works
Department]
15. CLAIMS - For Denial by the City Manager:
Walter & Constance Bonomo alleging head -
on collision which killed Michael Bonomo
on April 2, 1994 on MacArthur Boulevard
at the 73 Freeway, was caused by failure
of City to maintain roadway, etc.
Debin Enterprises, Inc., for damages
regarding explosion on August 1. 1993 on
the premises of the E1 Torito
Restaurant, located in Fashion Island.
Melvin S. Mann alleging excess iron in
City water supply damaged property on
April 11, 1994 at 1219 -B W. Bay Avenue;
seeking reimbursement of $3,624 for
water damage to walls, ceilings, paint,
floor covering and copper pipe repair.
Michelle Masterenko alleging City Refuse
Truck dragged trash cans behind and on
top of rear bumper of vehicles parked on
Clubhouse Drive on September 20, 1994;
seeking damages of $419.89.
James E. McCormick, III alleging he was
illegally arrested, imprisoned and
accused of violating Penal Code Section
148 on July 8, 1994 at 108 Via Yanthe.
Forrest W. Pond, Inc., for Herbert Voss
alleging City sewer backed up into
business at 3645 E. Coast Highway on
September 26, 1994; seeking
reimbursement of approximately $4,500.
Republic Insurance Company for John E.
Bucholz & Sally A. Finley alleging water
damage to 312 Poppy Avenue on August 22,
1994; seeking damages of $9,313.36.
Herbert F. & Betty G. Voss alleging
property damage to 3641, 3645 and 3653
E. Coast Highway on September 26, 1994
as a result of sewer backup.
Volume 48 - Page 384
MINUTES
0110IDIWAI
PW /Costa
Mesa /Msr P
Res 94 -91
(74)
McArthr B]
Wdng /PCH -
Ford Rd
C -2825
(38)
(36)
CITY OF NEWP0RT BEACH
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ROLL CflLL s October 24, 1994
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MINUTES
INDEX
Permit/
406 A1isc
Encrcbm
(65)
Permit/
1078 San-
tiago Dr
Imprms
(65)
Council
Policy
G -2
(69)
Organiz/
0/C Leag
(61)
(40)
F. Sandra Ward alleging damage to
vehicle as a result of tree limb falling
and hitting car at 907 Citrus Place on
September 26, 1994.
16. ENCROACHMENT AGREEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PROPOSED PRIVATE
IMPROVEMENTS ADJACENT TO 406 ALISO
AVENUE, NEWPORT HEIGHTS - Approve,
subject to execution of an encroachment
agreement for non - standard improvements
(to be recorded with Orange County
Recorder); and an encroachment permit
issued by the Public Works Department.
[Memorandum from Public Works
Department]
17. AGREEMENT FOR NON- STANDARD IMPROVEMENTS
IN CITY UTILITY EASEMENT AT 1078
SANTIAGO DRIVE - Approve subject
agreement (to be recorded with Orange
County Recorder) pursuant to conditions
in the staff report . [Memorandum from
Utilities Department]
18. COUNCIL POLICY G -2 ADOPT -A -BEACH PROGRAM
- Approve the proposed addition of
paragraph 3 to Organizations.
[Memorandum from General Services
Director]
19. Removed from the Consent Calendar.
20. Removed from the Consent Calendar.
21. Removed from the Consent Calendar.
22. NOMINATION OF COUNCIL MEMBER EVELYN HART
- League of California Cities, Orange
County Division, "Duane Winters Award."
[Report from the Mayor]
23. BUDGET AMENDMENTS
BA -007 Itemized as follows [refer to
report w /agenda item 30]:
$42,227 - To appropriate funds for
recommended upgrades to the Police
Alarm Monitoring System.
$87,545 - To provide for
additional revenue for the
remainder of this fiscal year as
a result of the revised cost
recovery /monitoring fees included
in the recommendations.
$12,200 - To provide for Police
Department Capital Outlay account
to fund the upgrade of the
Department's alarm monitoring
equipment.
$20,500 - To provide for Police
Department account 8081 to
facilitate software enhancements
to the Police and Finance computer
tracking system in order to
streamline the accounting
involved.
Volume 48 - Page 385
INDEX
Permit/
406 A1isc
Encrcbm
(65)
Permit/
1078 San-
tiago Dr
Imprms
(65)
Council
Policy
G -2
(69)
Organiz/
0/C Leag
(61)
(40)
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
October 24, 1994
$9,527 - To provide Police
Department account 7020 to fund up
to 20 hours per week of part time
Community Services Officer hours
for the remainder of the fiscal
year.
BA -008, $30,209 - To support the cost of
switching over to new Fire Prevention
computer software to include: inspection
management software, associated billing
software, 15 electronic clipboards and
training. [Memorandum from Fire Chief]
ITEMS REMOVED FROM THE CONSENT CALENDAR
Agenda Item No.,
5. Report from the Building Director
recommending introduction of proposed
ORDINANCE, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADDING SECTION 15.06.110 TO
CHAPTER 15.06 OF TITLE 15 OF THE
NEWPORT BEACH MUNICIPAL CODE
REGARDING ELECTRICAL VEHICLE
CHARGING CIRCUITS.
In response to question raised by
Council :Member Hedges regarding the
purpose of the proposed Ordinance, it
was noted by staff that Council Member
Cox requested this document be presented
for consideration, and if adopted, would
require that all new dwellings for which
a permit application was submitted after
January 1, 1995, shall be provided with
a raceway from the service panel to an
outlet box in the garage that is
dedicated for the future electric
vehicle charging circuit.
Council Member Debay pointed out that
the estimated cost for labor and
material to comply with the proposed
Ordinance would average approximately
$40.00 for a single - family home.
Ray Schuller, Building Director,
commented that this is a policy issue
that needs to be addressed by the
Council; he does believe it is
appropriate to implement the Ordinance
at this time because of the increased
cost at a later date; the Building
Industry Association supports this item,
and at the current time, Sacramento
County and West Hollywood have adopted
similar ordinances.
Council Member Cox spoke in favor of the
proposed Ordinance noting that it cost
the Los Angeles area approximately $9.4
billion each year as a result of the
health problems that exist due to
emissions that come from mobile sources,
and in order to improve the health
conditions in this region, lifestyles
are going to have to be changed
dramatically; there are many people
throughout the world that believe clean
vehicles is one way of addressing the
Volume 48 - Page 386
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October 24, 1994
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problem much more equitably and
economically; it is estimated in this
region alone that in fifteen years, 508
of the vehicles sold will be electric -
type vehicles; this is a local
government issue to address the clean
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air problem, and he felt the proposed
Ordinance is a step in the right
direction.
Motion
x
Motion was made by Council Member Hart
Ord 94 -53
to introduce Ordinance No. 94 -53, and
pass to second reading on November 14,
1994. She stated that Newport Beach has
been a leader in trying to find
solutions to air quality issues, and she
felt it would be interesting to get
feedback from residents regarding this
proposal.
Council Member Watt indicated she
concurred with the remarks of Council
Member Cox, and encouraged interested
individuals to come forth on November 14
to give their input.
All Ayes
The motion was voted on and carried.
6. Report from Police Chief recommending
Massage
introduction of proposed ORDINANCE.
Estb
being,
(Z7)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 5.50 OF THE
NEWPORT BEACH MUNICIPAL CODE
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PERTAINING TO MASSAGE
ESTABLISHMENTS.
The City Clerk advised that after the
agenda was printed, a letter was
received from the University Athletic
Club, 1701 Quail Street,, opposing the
proposed Ordinance.
Jim Jacobs, Commander of the Detective
Division, Newport Beach Police
Department, addressed the Council and
noted that currently the processing of
massage permits is fragmented among
several departments; they believe they
can do a better and more thorough job if
the responsibility for processing these
permits is transferred to the Police
Department; the massage industry
requires a strict licensing program and
a great deal of administration to
prevent problems of a criminal nature
from developing; it is proposed that in
addition to transferring the
responsibility to the Police Department,
that the City Council approve a new
Community Services Officer position to
handle the applicant processing and
investigation; all costs for the
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position will be recovered through
applicant fee adjustments; Newport Beach
has more massage establishments than any
other City in Orange County; it is also
proposed that the Municipal Code be
amended to establish policies relating
to Holistic Health Practitioners.
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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October 24, 1994
ROLL CALL
INDEX
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed massage parlors within hotels.
Kim Bender, Massage Therapist, 108C Via
Antibes, addressed the Council and
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stated that she was opposed to placing
the processing of massage applications
under the Vice /Narcotics and
Intelligence Division of the Police
Department as she felt it was very
degrading, and gives the assumption they
are doing something illegal. She
suggested this item be re- studied for a
more workable program, and also answered
questions posed by Council Member
Sansone regarding certification and
formal training.
Sharon Norton, President, Orange County
American Massage Therapy Association,
addressed the Council and explained
their ongoing continuing education
program. She stated that most of the
individuals that have gone into massage
therapy have done so with a heartfelt
desire to help people and to assist in
their healing process, and she felt that
in the next 10 years, holistic care and
massage technicians /therapists will be
viewed as alternative medicine
practitioners. She stated she would like
to discuss the proposed Ordinance more
in depth with the staff prior to
adoption by the City Council.
John V. Black, Chairman Legal Issues
Committee, California Federation of
Massage, and Massage Technician/
Operator, 4001 Birch Street, addressed
the Council and submitted suggested
revisions to the proposed Ordinance. He
also expressed appreciation to including
holistic health practitioner's in the
document.
Motion
x
Hearing no other comments, motion was
Ord 94 -54
made by Mayor Turner to introduce
Ordinance No. 94 -54 and pass to second
reading on November 14, 1994.
The City Manager indicated that in the
interim, staff will meet with interested
individuals regarding their concerns as
well as the concerns of Council Members.
All Ayes
The motion was voted on and carried.
7. Report from the Economic Development
Unattende(
Committee regarding proposed ORDINANCE,
Businesse:
being,
(27)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADDING SECTION 5.11.050 TO CHAPTER
5.11 OF THE NEWPORT MUNICIPAL CODE
•
RELATING TO REGULATION OF
UNATTENDED BUSINESSES.
Motion
x
Notion was made by Council Member Hedges
All Ayes
to defer action on this matter to
December 12, 1994, due to some of the
recommendations contained in the subject
report.
Volume 48 - Page 388
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
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ROLL CRLL
INDEX
12. Report from the Planning Department
Planning
recommending approval of proposed
(68)
Resolution initiating an amendment to
the Municipal Code pertaining to PARKING
FOR MANICURE ESTABLISHMENTS.
M n
x
Following response by the Planning
Res 94 -92
A yes
Director to a question posed by Mayor
Turner regarding this item, motion was
made to adopt Resolution No. 94 -92,
initiating amendment to the Newport
Beach Municipal Code pertaining to
parking for manicure establishments and
to refer to Planning Commission for
public hearing.
13. Report from the City Attorney
Planning
recommending approval of proposed
(68)
Resolution initiating an amendment to
the Municipal Code for PARKING IN
RESIDENTIAL DISTRICTS AND RESIDENTIAL
PROPERTY MAINTENANCE.
Kotion
x
Notion was made by Council Member Hedges
Res 94 -93
111 Ayes
to adopt Resolution No. 94 -93 initiating
amendment to the Newport Beach Municipal
Code for PARKING IN RESIDENTIAL
DISTRICTS AND RESIDENTIAL PROPERTY
MAINTENANCE, as recommended, but to also
request that the Planning Commission
investigate the storage of parked
vehicles in driveways on private
property.
19. Memorandum from Community Services
In -Lieu
Director concerning IN -LIEU PARK FEES.
Prk Fees
` fo n
x
Following remarks by Council Member
(62)
Hart, she moved the following motion:
"1. Approve the recommendation of the
Parks, Beaches and Recreation
Commission for the commitment of the
In -Lieu Park Fees:
$1,000,000 - Upper Castaways
225,000 - Newporter North/
Newporter Knoll
50,000 - Site Planning for
CIOSA parcels
designated as
Community & View
Parks
$1,275,000
"2. Approve a Budget Amendment for
expenditure of In -Lieu funds totaling
$120,000:
$50,000 for Site Planning
Consultant for CIOSA parcels
designated as Community or View
Parks;
$70,000 for Architectural Design
•
of Upper Castaways Park.
Volume 48 - Page 389
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
Fs�� October 24, 1994
ROLL CALL
INDEX
113. With the allocation of $1,275,000
In -Lieu
for the Upper Castaways and Newporter
Park Fees
Knoll projects, there is a balance of
$175,000 remaining for allocation. The
Bolas Park project was originally
developed and approved by the PB&R
Commission in 1990 and unfortunately
•
due to budgeting problems in the
General Fund, it has not been funded in
the last three fiscal years. The PB&R
Commission recommended allocating
$175,000 for this project 'when
available.'
"4. Allocate the remaining $175,000 in
the Fund for Bolas Park. However,
since this is a neighborhood park and
the City's policy only permits the use
of monies in the Service Areas for
neighborhood parks, she proposed that
the difference between the balance in
Service Area 3 of $152,321 and
$175,000„ or $23,679, be allocated from
Service Area 8 and be repaid as new
fees are received in Service Area 3.
This will allow this long- awaited
project to move forward concurrently as
the General Plan is modified and plans
and specifications are put out to bid."
Council Member Sansone commented that
Corona del Mar is in Service Area 10,
and over the years, approximately
$430,000 has been accumulated in this
Service Area from In -Lieu park fees as
a result of the build -out of single -
•
family to multi - family properties. The
City has been pursuing the acquisition
of a small parcel of land in Corona del
Mar known as the "Griswold Property"
with the idea of trading a parcel of
land in West Newport for this very
small, but important view property in
Corona del Mar.
Council Member Sansone stated he would
like the City Council to adopt a minute
order indicating that this property
acquisition should be a high priority.
Furthermore, if the City is unable to
acquire the property through trade, then
Parks Fees accumulated by Service Area
10 should be used to acquire the
property at a cost roughly approximate
to that, which has been or will be,
accumulated by Service Area 10. If the
funds so accumulated are needed for
other projects before the negotiations
for the. proposed property acquisition
can be completed, future fees collected
from Service Area 8 will be dedicated
for credit back to Service Area 10 in an
amount equal to that used for other
projects.
Council Member Hart indicated she had no
objection to Council Member Sansone's
amendment to her motion regarding
Griswold Park.
Volume 48 - Page 390
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
yt�`,��`S�y
S F 'P October 24, 1994
ROLL CALL
MINUTES
Tkinry
u win
Council Member Hedges asked Council
Member Hart if she would amend her
motion further in that it only pertain
to the allocation to Bolsa Park and
Council Member Sansone's request
regarding Griswold Park, and that the
remaining allocations be continued until
•
November 14 in order to receive input
from the homeowner associations on the
Peninsula.
Council Member Hart indicated she bad no
objection to the above request.
Stacy Wise, 3233 Broad Street, and Shari
Rooks, 3308 Clay Street, addressed the
Council in support of Bolas Park, and
were informed by staff that once the
General Plan Amendment is approved in
January, plans and specifications will
then be prepared and the project will be
put out to bid.
All Ayes
The motion, as amended in the foregoing,
was voted on and carried.
20. Memorandum from Marine Department
Harbor
recommending approval of HARBOR PERMIT
Perm
APPLICATION NO. 112 -813 814/BAY AVENUE - i
A _
Apl
Hill's Boat Service, Inc., to construct
a new bulkhead and replace underground
Bay Al
y
fuel tanks bayward of 814 Bay Avenue,
(51)
subject to conditions in the staff
report.
Tony Melum, Acting Marine Director,
•
addressed the Council and stated that
the application under consideration is
in two parts, i.e., 1) replacement of
old single wall fuel tanks at his
facility with new federally and state
mandated double wall tanks, and 2)
installation of 35 to 40 feet of
bulkhead across a sandy beach adjacent
to the facility. However, when the
residents were notified in the area of
this application, there was concern as
to what the bulkhead would be used for,
and rather than stall the project, Mr.
Hill has requested this be removed from
his application.
Motion
x
Motion was made by Council Member Hedges
to approve the request, as amended in
the foregoing, subject to the conditions
in the staff report.
Susan Whipple, owner of 813 E. Bay
Avenue, addressed the Council and stated
she supports Mr. Hill's request to
replace the underground fuel tanks,
however, she is concerned regarding
coring samples that have been done which
show varying levels of contamination in
the soil. She stated she has not seen
these reports, and therefore, would like
to be included in any future meetings in
.this regard.
Volume 48 - Page 391
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
October 24, 1994
ROLL CALL
MINUTES
44`kt4!
Dennis Lockard, Fire Marshal, addressed
the Council and stated that a meeting
regarding the tank removal was conducted
at Hill's Boat Service; that the County
Health Department is involved in the
process, and is looking at the soil
is
contamination and monitoring all the
issues regarding the tank removal.
All Ayes
The motion was voted on and carried.
1. Report from City Manager concerning
Lifeguard
LIFEGUARD SUBSIDY (CONTRACT NO. 2247) -
Subsidy
Amendment to agreement with COUNTY OF
C -2247
ORANGE.
(38)
The City Manager stated this matter
involves notification from the County
Harbors, Beaches h Parks Department
regarding their intention to eliminate
the City's lifeguard subsidy beginning
in the 1995 -96 fiscal year which amounts
to $110,000 per year, due to their
department's reduction in property
taxes. He recommended this item be
continued to November 14, 1994, and that
the City Attorney review this item from
a legal standpoint with the City
Attorney of Huntington Beach as well as
Supervisor Elect Marian Bergeson.
Motion
x
Motion was made by Mayor Turner to
All Ayes
approve the above recommendation and
continue this item to November 14, 1994.
•
PUBLIC HEARINGS
24. Mayor Turner opened the continued public
Ord 94 -45
hearing regarding proposed ORDINANCE NO.
Zoning
94 -45, 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
REGULATIONS RELATED TO THE
COLLECTION AND LOADING OF
RECYCLABLE MATERIALS IN NEW
DEVELOPMENT PROJECTS (PLANNING
PCA 808
COMMISSION AMENDMENT NO. 808).
Report from Planning Department.
It was noted that the General Services
Director has solicited an opinion from
the California Integrated Waste
Management Board regarding the proposed
Ordinance, and pending receipt of a
response, it is suggested this item be
further continued to the City Council
meeting of November 14, 1994.
Motion
x
Notion was made by Mayor Turner to
All Ayes
continue this item until such time as
staff receives input from the State.
•
25. Mayor Turner opened the continued public
U/P 3539
hearing regarding Council review of USE
(88)
PERMIT NO. 3539 - Request to permit the
establishment of a restaurant with on-
sale beer and wine and live
Volume 48 - Page 392
COUNCIL MEMBERS
ROLL CALL
•
Motion
All Ayes
•
•
X
CITY OF NEWPORT BEACH
October 24, 1994
entertainment and tandem parking in
conjunction with a full time valet
parking attendant, on property located
in the RSC District, 3140 East Coast
Highway, on the northwesterly corner of
Larkspur Avenue and East Coast Highway,
in Corona del Mar. The proposal also
includes a request to waive a portion of
the required off - street parking spaces.
Report from Planning Department.
It was noted that after the agenda was
printed, a letter was received from the
applicant, John McLaughlin, with request
to withdraw his application for Use
Permit No. 3539.
Hearing no one wishing to address the
Council, and in view of the foregoing
letter, motion was made by Council
Member Sansone to close the public
hearing and approve the request to
withdraw the application.
26. Mayor Turner opened the continued public
hearing regarding proposed ORDINANCE NO.
94 -48, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTERS 1. 12 6.04,
10.28, 10.32, 15.02, 20.01, 20.10
AND 20.70 OF THE NEWPORT BEACH
MUNICIPAL CODE SO AS TO REVISE
CURRENT NOISE CONTROL REGULATIONS
TO BE CONSISTENT WITH THOSE
CONTAINED IN THE NOISE ELEMENT OF
THE GENERAL PLAN AND TO ADD
CHAPTER 10.26 COMMUNITY NOISE AND
VIBRATION CONTROL (PLANNING
COMMISSION AMENDMENT NO. 807).
Report from Planning Department.
The City Clerk advised that after the
agenda was printed, a letter was
received from Walt and Carolyn Wilke in
support of banning gasoline powered leaf
blowers.
Patrick Alford, Senior Planner, stated
that Ordinance No. 94 -48 was re-
introduced at the October 10, 1994, City
Council meeting to incorporate a number
of revisions to the proposed amendments
to the Municipal Code which would adjust
the current regulations relative to
noise and adding a new comprehensive
Noise Ordinance. The changes involved
an exemption for golf course
maintenance; the removal of provisions
for vibration control, and the changing
of the violations from misdemeanors to
infractions. The Council also requested
additional information on leaf blowers
with the possible goal of tightening up
the regulations concerning noise
controls for that type of equipment. The
staff has drafted a proposed set of
regulations that would basically
Volume 48 - Page 393
MINUTES
INDEX
Ord 94 -48
Zoning
PCA 807
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
October 24, 1994
ROLL CRLL
MINUTES
iikV1i3i
prohibit the use of gasoline powered
Noise
leaf blowers within residential areas
Element
and within 200 feet of residential
areas, and have limited their hours
similar to that for other property
maintenance equipment. If the Council
wishes to pursue this option, this
matter can be set for public hearing for
November 14, 1994. He also referenced
a supplemental staff report concerning
Noise Level Measurement.
Mayor Turner noted that the City of
Irvine has adopted an ordinance which
states that mechanical leaf blowers and
other gardening type equipment must meet
certain standards and be certified by
the City of Irvine. He felt this was an
appropriate action and might be
something this City may wish to
consider.
Council Member Sansone pointed out that
the proposed Noise Ordinance does not
address noise from air - conditioning
equipment except external measurement,
and the majority of complaints he has
received are from people in their home
who are being disturbed by noise
generated from outside the house.
Council Member Watt stated she also
believes that air - conditioning noise
needs to be resolved in the proposed
•
Ordinance and felt the City is
relatively "lax" in its requirements
governing this type of equipment. She
noted that in some instances people are
installing air - conditioning equipment
which are impacting their neighbors so
that they do not impact themselves with
regard to the noise. She commented that
one way to eliminate this problem is to
eliminate the side yard use or to change
the standard to an internal standard and
lowering the dBA.
Luvena Hayton, 235 Poppy Avenue,
addressed the Council in support of
banning gasoline powered leaf blowers.
She felt the noise was very disturbing
no matter what time of day and that they
are dirty, a nuisance and injurious to
ones health. She noted that the Cities
of Carmel, Beverly Hills, La Jolla, and
Santa Barbara have all banned the use of
gasoline powered leaf blowers.
Hunter Cook, 227 Morning Canyon Road,
addressed the Council and concurred with
the remarks of Ms. Hayton and urged that
gasoline powered leaf blowers be banned
throughout the City.
Jerry Ring, Chairman of the Regional
•
Water Quality Control Board and member
of Metropolitan Water District,
addressed the Council and stated that
the concerns these agencies have is that
if gasoline powered leaf blowers are
banned, then people will again turn to
hosing down their driveways, sidewalks,
and lawns with water. He stated the
Volume 48 - Page 394
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
October 24, 1994
ROLL CfiLL
MINUTES
INDEX
State is now entering its fifth year of
Noise
drought and water pricing continues to
Element
increase. In addition, he stated that
the debris that is hosed off and goes
into the drainage system will ultimately
•
end up polluting the Bay.
Michael K. Wells, owner of Down to Earth
Lawn & Garden Service, addressed the
Council regarding leaf blowers and
suggested that rather than an out -right
ban, the hours of operation and decibel
levels be limited. He stated that most
of his customers want no debris left
when they are through with their
landscape or gardening work, and the
most efficient tool to remove any type
of cuttings, etc., is the leaf blower.
He also does not believe that noise
generated from the leaf blowers is any
louder than that of construction,
motorcycles, airplanes, lawn mowers and
power edgers. In addition, gasoline
powered leaf blowers are a great savings
tool as to time on the job, and if they
were banned, water would be used and,
therefore there would be more stress on
an already insufficient water supply.
Sid Soffer, 900 Arbor Street, addressed
the Council and stated that gasoline
powered leaf blowers should be used as
vacuums rather than blowers because of
the dirt they blow from area to another.
He also stated that many people still
use the "rake and broom" method to clean
•
up leaves, etc., and does not feel that
everyone will use water to hose down
their debris.
Steve Tamanaha, representing it landscape
company, addressed the Council and
stated that many of their customers are
residents of Newport Beach, and if
gasoline leaf blowers are used
correctly, they are a very good tool.
With respect to what the City of Irvine
has done regarding gasoline powered leaf
blowers as referenced by Mayor Turner
earlier in the meeting, he stated they
have a training program for the workers
so that they know how to use the
equipment. He also commented that in
many of the cities that have banned
gasoline powered leaf blowers, residents
have turned to hosing down with water.
Tim Hewicker, Planning Director and
resident of the City of Irvine, advised
that he maintains his own yard, but his
neighbors use a gardening service, and
that the City does not enforce the hours
of operation in which leaf blowers are
used and the decibel level is extremely
•
high.
volume 48 - Page 395
COUNCIL MEMBERS
VIA"
i
Motion
•
Motion
All Ayes
•
x
X
CITY OF NEWPORT BEACH
October 24, 1994
Nan Morisseau, 77 Montecito, addressed
the Council and stated she is a resident
of Spyglass Mill. She read a prepared
statement in opposition to the use of
gasoline powered leaf blowers because of
pollution, noise and health reasons. She
also stated that if other cities can ban
this type of equipment so can Newport
Beach as they are a definite health
hazard.
Hearing no other public testimony at
this time, Mayor Turner suggested the
Council take two separate actions, 1)
adoption of Ordinance No. 94 -48 (Noise
Ordinance), and 2) introduce proposed
Ordinance revising regulations for
Mechanical Leaf Blowers.
Motion was made by Council Member Cox to
adopt Ordinance No. 94 -48.
Council Member Sansone and Mayor Pro Tem
Watt expressed their concerns in that
the subject ordinance does not address
noise from air - conditioning equipment to
their satisfaction.
Vince Mestre, Noise Consultant for the
City, addressed the Council and stated
that the Noise Ordinance, excluding the
air conditioning exemption, has a day-
time and night -time limit, and the
reason for the exemption was the
difficulty that air conditioner units
would have in complying with the regular
Noise Ordinance in parts of the City
such as Lido Island, Balboa Island,
etc. , where there are very small side
yards. The interior noise level limit
that is part of the regular Noise
Ordinance would essentially eliminate
air - conditioners from those
neighborhoods unless they were on the
roof or in the back yard. If the City
were to accommodate air - conditioning
equipment in all parts of the City, then
there are parts of the City that will
have to have exemptions to the noise
limits that are in the Ordinance or you
are simply banning air - conditioners from
significant areas. He felt he can
strengthen the Ordinance in terms of
measurement location, but the more that
is done, the less feasible is the use of
air - conditioning equipment.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed methods in which to measure
noise.
Following discussion, substitute motion
was made by Mayor Turner to continue
this public hearing to November 14,
1994, and to direct the staff to clarify
and bring back options dealing with air -
conditioning equipment in the proposed
Noise Ordinance (No. 94 -48), and to
include in that same document, the
proposed regulations governing
Mechanical Leaf Blowers and other
similar type equipment, which motion
carried.
Volume 48 - Page 396
MINUTES
INDEX
se
COUNCIL MEMBERS
CALL��s9ys �� �G�y9'P
ROLL
Motion
•
Ayes
Noes
L_J
•
X
CITY OF NEWPORT BEACH
X
October 24, 1994
Following discussion, motion was made by
Council Member Hart to introduce the
proposed Ordinance regulating Mechanical
Leaf Blowers, including the provision
that gasoline powered leaf blowers be
prohibited within 200 feet of a
residence.
Mayor Turner pointed out that this
subject matter will be coming back in
its entirety on November 14, 1994, and
as a result, he did not feel Council
Member Hart's motion was necessary at
this time.
The motion was voted on and
FAILED.
27. Mayor Turner opened the public hearing
regarding proposed ORDINANCE NO. 94 -51,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE AS PERTAINS
TO BALCONIES AND DECKS TO ENCROACH
A MAXIMUM OF THREE FEET INTO
REQUIRED FRONT YARD SETBACKS ON
RESIDENTIAL LOTS ALONG EAST OCEAN
FRONT AND WEST OCEAN FRONT ON THE
BALBOA PENINSULA AND IN WEST
NEWPORT (PLANNING COMMISSION
AMENDMENT NO. 785).
Report from Planning Department.
Council Member Hedges excused himself at this
time due to a possible conflict of interest.
The Planning Director noted that this
item was initially raised by the City
Council in a review of two Modifications
requests for deck encroachments in West
Newport. As a result of that review, a
photo survey and inventory was performed
which revealed at that time that there
were 110 encroachments of various kinds
in the East and West Ocean Front
setbacks. An amendment was prepared by
the staff and presented to the Planning
Commission in May at which time the
Commission declined to approve the
amendment and it was brought back to the
City Council. The amendment was
reviewed again by the City Council and
a second amendment was drafted by the
City Attorney and was initiated by the
City Council on July 25. This amendment
would give conforming status to
approximately 45% of the existing
encroachments along the Ocean Front, and
was approved by the Planning Commission
on September 22. If approved by the
City Council, the amendment will allow
a 3 foot encroachment into the front
yard setback and with a maximum handrail
of 42 inches in height which has to be
transparent or 40% open.
Volume 48 - Page 397
MINUTES
94 -51
785
CITY OF NEWPORT BEACH
10mINOMM-ri,M lI.y
�`�s' y�P 9� October 24, 1994
ROLL CALL
MINUTES
INDEX
Charles Goldsworthy, 7400 W. Ocean
Front, addressed the Council and stated
that he applied for a Modifications
Permit several months ago to allow his
existing balcony to encroach into the
required 5 foot front yard setback
•
and /or property line. The Modifications
Committee approved the 5 foot
encroachment; however, the City Council
denied his request. He stated that the
location of his balcony does not harm
anyone, and indicated he would like to
resubmit his application for a
Modifications Permit for review again.
He stated he is in support of the
proposed Ordinance which would give him
at least 3 feet onto his balcony, but
questioned how the Ordinance will be
enforced.
The Planning Director stated that the
staff has on file photographs of all the
properties in violation of the
Ordinance, and that letters will be sent
to all those property owners advising of
the new regulations, including a time
frame in which to bring their
encroachment into conformance either
with the 3 foot setback limitation or
make application for a Modifications
Permit. If Mr. Goldsworthy wishes to
extend his balcony beyond 3 feet, he
would have to reapply for a
Modifications Permit.
•
Hearing no one else wishing to address
the Council, the public hearing was
closed.
lotion
x
Motion was made by Council Member Debay
.yes
x
x
x
x
x
x
to adopt Ordinance No. 94 -51.
.bstained
x
8. Mayor Turner opened the public hearing
Ord 94 -5:
regarding proposed ORDINANCE NO. 94 -52,
Zoning
being,
(94)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTIONS 20.72.010 OF
CHAPTER 20.72 AND 20.87.265 OF
CHAPTER 20.87 OF TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE,
PERTAINING TO THE DEFINITION OF
RESTAURANTS (PLANNING COMMISSION
PCA 810
AMENDMENT NO. 810).
Report from Planning Department.
The Planning Director stated that this
is one of three changes in the
definitions that will be coming to the
City Council having to do with the term
"restaurant, bar, theater /nightclub."
In this particular amendment, the
•
definition of "restaurant" is being
defined to mean a business which
primarily engages in the sale of food
and drink, and where live entertainment
is limited to 20% of the net public area
of the establishment.
Volume 48 - Page 398
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
yt"��s9���9]T October 24, 1994
ROLL CALL
MINUTES
TNnFy
Sid Soffer, 900 Arbor Street, Costa
Mesa, and Peter Tarr, 5023 Lido Sands
Drive, addressed the Council and
received clarification from the staff
regarding live entertainment and dancing
•
as it pertains to the subject Ordinance.
Hearing no others wishing to address the
Council, the public hearing was closed.
.lotion
x
Motion was made by Mayor Turner to adopt
911 Ayes
Ordinance No. 94 -52.
29. Mayor Turner opened the public hearing
Vacation/
concerning VACATION AND ABANDONMENT OF
Abandonmei
VEHICULAR ACCESS RIGHTS TO EAST COAST
HIGHWAY.
eh Aces
V
ECHwy
Report from Public Works Department.
(90)
The Public Works Director advised that
this is a "housekeeping" item that
involves right -of -way that was vacated
by CalTrans when the new bridge was
constructed on Coast Highway, and
recommended adoption of the proposed
Resolution vacating and abandoning the
vehicular access rights as enumerated in
the staff report.
lotion
x
Hearing no one wishing to address the
X11 Ayes
Council, the public hearing was closed
and motion was made by Council Member
Watt to adopt Resolution No. 94 -94,
ordering the vacation and abandonment
(to be recorded with the County recorder
•
of Orange County) of the following
access rights: Relinquishment of access
rights, recorded in Book 7166, Page 557
- over Lot 1 of Tract No. 5361, and Lot
3 and A of Tract No. 5361 per,maps filed
in Book 190, pages 47 & 48 of
Miscellaneous Maps of the Official
records in the Office of the County
Recorder of Orange County California.
PUBLIC COMMENTS
1. Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council regarding
the need for a loading zone at McFadden
Square near the entrance to the Blue
Beet. He stated his request was
investigated by the Traffic Department,
but he received a letter advising that
it was their opinion a loading zone at
this location was not necessary. He
stated that he has received two tickets
for overparking at a meter and in a red
zone while he was loading and unloading
because there is no loading zone at this
location. He stated he does not think
it is fair that large delivery trucks
such as Coors, etc., as well as taxis,
•
who use that area for parking and /or a
loading zone, do so without getting
cited.
Council Member Hedges stated he will
follow up on Mr. Soffer's request.
Volume 48 - Page 399
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
�Sn F� October 24, 1994
ROLL CALL
MINUTES
INDEX
2. Council Member Hart reported on her
recent attendance at the League of
California Cities Annual Conference in
Long Beach the past two days, and
advised that at their meeting tomorrow
they will be voting on a Resolution
regarding the sale of pornography
•
materials to minors which Council Member
Hedges brought to the attention of this
City Council some months ago. She
stated that due to the fact that recent
court rulings have restricted the rights
of cities and counties to adopt
restrictions on news racks, an appeal is
being made to the State League to draft
and support legislation that would allow
cities and counties to place maximum
restrictions on the sale and display of
harmful and pornographic materials to
minors, etc. She congratulated Council
Member Hedges for his efforts in this
regard. Council Member Hedges expressed
appreciation to Council Member Hart for
representing the City at the League
meeting and updating the Council on this
issue.
ORDINANCES FOR ADOPTION
30. Proposed ORDINANCE N0. 94 -46, being,
Ord 94 -46
Alarm Sys
AN ORDINANCE OF THE CITY COUNCIL
(70)
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 1.12.020 OF
CHAPTER 1.12, CHAPTER 5.48, AND
CHAPTER 5.49 OF THE NEWPORT BEACH
•
MUNICIPAL CODE REGARDING ALARM
SYSTEMS.
Report from Police Chief.
Letter from George H. Coffin, III,
objecting to any new fees..
The City Manager noted that this item
was before the City Council on
September 26 and October 10, and the
modifications consist of the addition of
Section 5.48.010, which outlines the
intent of the Ordinance, and the
amendment of Section 5.48.080, which
redefines the cost recovery fee to
reflect its true nature as a service
charge for the direct telephonic alarm
service offered by the Police
Department, which is not a required
service of the City.
In response to question raised by
Council Member Sansone regarding "why
are we in this business," Police Chief
Bob McDonell advised that there is a
certain segment in the community that
wants the City to monitor their alarms.
It is not a financial drain whatsoever
•
on the City to monitor alarms at the
Police facility inasmuch as they have to
respond to alarms whether it comes into
their building directly or indirectly
through an alarm company. It is a good
business decision for the City and it
helps offset the total cost of
responding to false alarms.
Volume 48 - Page 400
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
'P
°c s9ti �9,�
ROLL CRLL Fs < October 24, 1994 INDEX
Tom.Hyans, 217 19th Street, addressed
Alarm Sys
the Council and stated he does not feel
it is appropriate for the Police
Department to be in the business of
monitoring alarms, and that he has
personally discussed this matter with
the Police Chief. He stated that the fee
the City charges for monitoring alarms
is considerably less expensive than what
the private sector charges, and that the
Police Department does not give priority
to their alarm monitoring as would a
private alarm company. There are a
number of "good" private alarm systems
companies that provide a better level of
service than what the City offers, and
he felt the Council should reconsider
this matter.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and
discussed the various methods of
monitoring alarms.
Motion
x
Motion was made by Mayor Turner to: (a)
Adopt Ordinance 94 -46; and (b) Adopt
Resolution No. 94 -95 establishing a fee
Res 94 -95
for renewal of alarm permits,
reaffirming the penalties for false
alarms and amending the charge for
monitored alarm systems pursuant to
Sections 5.48.040 and .080; and
5.49.030, .045 and .070 of the Newport
Beach Municipal Code; and approve
related budget amendments (refer to
agenda item 23; and Budget Amendment
•
No.007).
Council Member Hedges stated that he had
questioned the charge levied by the City
for direct monitoring of alarms in the
Police Department, and asked why the
City could not set the fee comparable to
that established by a survey of other
alarm system providers, and was told
that State law prohibits the City from
charging more for a service than what
that service actually cost the City.
All Ayes
The motion was voted on and carried.
31. Proposed ORDINANCE NO. 94 -50, being,
Ord 94 -50
Pblc Nuis
AN ORDINANCE OF THE CITY COUNCIL
Abatement
OF THE CITY OF NEWPORT BEACH
(70)
ADDING A NEW CHAPTER 10.50 TO THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO PUBLIC NUISANCE
ABATEMENT.
Recycled Memorandum from Contract
Attorney, City Attorney's office.
The City Manager stated that the
proposed Ordinance will "streamline" the
•
City's public nuisance abatement
procedure and retain its ability to
_process on a civil basis, as well as a
criminal basis, if deemed appropriate
and necessary.
Volume 48 - Page 401
COUNCIL MEMBERS
MON 410�1�1�0 -11
•
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
•
X
X
X
CITY OF NEWPORT BEACH
X
October 24, 1994
Peter Tarr, 5023 Lido Sands, addressed
the Council and stated the proposed
Ordinance is welcomed and has been
needed for a long time. He stated that
a nuisance is more than just a public
health hazard and he felt the Ordinance
gives the City the opportunity to
approach this matter in a flexible way
and deal with the problem.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council and stated
that the definition of a public nuisance
is "that which causes harm to a
substantial part of the community or
neighborhood."
Motion was made by Council Member Debay
to adopt Ordinance No. 94 -50.
Proposed ORDINANCE NO. 94 -49, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 12.32.020(b) OF
THE NEWPORT BEACH MUNICIPAL CODE
TO PROHIBIT COMMERCIAL VEHICLES
EXCEEDING 6,000 POUNDS FROM
OPERATING ON CERTAIN STREETS
WITHIN THE CITY LINITS.
Recycled memorandum from Traffic Affairs
Committee, dated October 10, 1994.
The City Manager noted that the proposed
action would add Marigold Avenue from
the alley northeast of Coast Highway to
Second Avenue to those streets where
vehicles exceeding 6,000 pounds gross
weight may not be operated.
Hearing no comments, motion was made by
Council Member Sansone to adopt
Ordinance No. 94 -49.
BICYCLE TRAITS CITIZENS ADVISORY
COMMITTEE VACANCY.
Notion was made by Council Member Cox
(District 7) to confirm the appointment
of Jerry Boyle to fill the unexpired
term of Craig Weber ending December 31,
1994.
PACIFIC VIEW MEMORIAL PARE CITY
COUNCIL/CITIZENS AD HOC COMMITTEE.
Notion was made by Council Member Cox to
confirm the appointment of Jeanette
Miller as a representative from
Broadmoor Sea View Homeowners
Association, replacing Bill Fischbach
who has submitted his resignation.
Volume 48 - Page 402
MINUTES
INDEX
Ord 94 -49
Trfc]Veh
(85)
/CAC
ac View
em Prk
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
���s'9ys�'G��� October 24, 1994
ROLL CALL
•
•
Motion
All Aye:
MINUTES
INDEX
GPA 94 -2(1
(45)
PCA 811
Tfc Stdy 9
35. Report from Planning Department
concerning request to schedule for
oublic hearing on November 14, 1994:
General Plan Amendment 94 -2(B) - Request
to consider an amendment to the General
Plan Land Use Element so as to increase
the development limit in Fashion Island
by 266,000 square feet; and the
acceptance of an environmental document;
and
General Plan Consistency Finding -
Request for a finding of General Plan
Consistency allowing a transfer of
30,000 square feet of Retail and Service
Commercial entitlement from Bayview
Landing to Fashion Island as provided in
the General Plan Land Use Element; and
Amendment No. 811 - Request to amend the
Planned Community District Regulations
for Fashion Island to increase the
development limit by 309,550 square feet
to allow construction of the 266,000
square feet addressed in GPA 94 -2(B),
30,000 square feet transferred from
Bayview Landing, and 13,550 square feet
previously transferred from the Pac Bell
site; and
Traffic Study No. 95 - Request to
approve a traffic study to allow an
additional 266,000 square feet in the
Fashion Island Planned Community not
previously vested pursuant to the
provisions of the Traffic Phasing
Ordinance.
x
Motion was made by Mayor Turner to
approve the above recommendation and
schedule public hearing on November
14, 1994.
Meeting adjourned at 10:15 p.m., to
November 1, 1994 at 1:00 p.m. to discuss
pending litigation in the City Council
Chambers (a closed session agenda will be
posted 72 hours prior).
,r x w yt yt yt yr yt fr * dr 1t
The agenda for this meeting was posted
on October 19, 1994 at 4:05 p.m., on
the City Ball Bulletin Board located
outside of the City of Newport Beach
Administration Building.
r y- • �4J
Mayor
ATTEST: ��G PM-eQ,
0�
$,
V
Ali
City Clerk Cq��FdR��P
Volume 48 - Page 4
INDEX
GPA 94 -2(1
(45)
PCA 811
Tfc Stdy 9