HomeMy WebLinkAbout11/27/1995 - Regular MeetingROLL
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CITY OF NEWPORT
REGULAR COUNCIL MEETING
PLACE: Council Chambers
BEACH
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TIME: 7:00 P.M.
DATE: November 27, 1995
INE
CLOSED SESSION - 5:00 p.m. (Refer to separate agenda
from City Attorney]
CLOSED SESSION REPORT PRESENTED: None
RECESSED AT 6:55 P.M.
RECONVENED AT 7:00 P.M. for reauldr meetina
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ROLL CALL
Presentation by Ed Hepner, Chairman of the
ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY
COMMITTEE of Certificates of Appreciation to the following
businesses that have contributed to protecting the
environment: Newport Center Branch Bank of America,
Coast Cleaners, Shock Boat Yards, Hard Rock Cafe, and El
Tonto Grill. Mr. Hepner explained that the Subcommittee,
Newport Green, encourages local businesses to share their
ideas about how they are protecting the environment
with other businesses.
Tim Riley, Fire Chief and Marine Director advised that
approximately $14,000 of financial proceeds were realized
from the CLEAN WATER BALBOA 5 -K RUN EVENT held in
October. He introduced City Harbor Inspector and Co-
Chairman of the event, Wes Armand and the President of
the Newport Chapter of the Surhider Foundation, Mr. Ryan
Kelly, and a check was presented to the City as its share
of the proceeds.
ELECTION OF MAYOR
The City Clerk presided for the ELECTION OF THE MAYOR, and
called for nominations for the office of Mayor, wherein Jan
Debay nominated John Hedges for the office of Mayor.
Following closing of nominations, and by acclamation of the
Council, John Hedges was elected MAYOR for a 2nd year.
ELECTION OF MAYOR PRO TEM
Council Member Waft nominated Jan Debay for the office of
MAYOR PRO TEM; and following closing of nominations, by
acclamation of the Council, Jan Debay was elected Mayor
Pro Tern for a 2nd year.
Volume 49 - Page 509
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Motion
All Ayes
Motion
All Ayes
Motion
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Council made new seating arrangements, and took their
seats at the Council table.
X
Reading of Minutes of Meeting of November 13, 1995,
was waived, approved as written and ordered Mod.
X
Reading 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: None
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT:
None
CONSENT CALENDAR
X
The following items were approved, except for those items
removed:
ORDINANCES FOR INTRODUCTION
Schedule for public hearing on December 11, 1995:
1. Proposed ORDINANCE NO. 95.65
Ord 95 -1
Zoning
AMENDING PORTIONS OF TITLE 20, MORE
(9 4 )
SPECIFICALLY CHAPTER 20.72 WITH REGARD
TO REQUIRED FINDINGS FOR APPROVAL OF
USE PERMI7S FOR ESTABLISHMENTS WHICH
PROVIDE ALCOHOLIC BEVERAGE SERVICE
(PLANNING COMMISSION AMENDMENT NO.
831). [Report from Planning Department]
Pass to second reading on December 11, 1995:
2. Removed from the Consent Calendar
RESOLUTIONS FOR ADOPTIQNN
3. Resolution No. 95 -126 approving the addendum
O/C Cit:
agreement to the Memorandum of Understanding
Airbornf
for the AIRBORNE LAW ENFORCEMENT SERVICES
Enfrcm
(CONTRACT NO. 3011). [Report from Chief of
Res 95 -:
Police]
C-3011
CONTRACTS AND AGREEMENTS
4, Approve Consultant Agreement with Deist - Binsfield,
MacAthr
Inc., for Construction Management Services
Wdng /Se<
related to Segment 1 of MACARTHUR BOULEVARD
C-2825(:
WIDENING for a not to exceed amount of $390.000
(3 8 )
(CONTRACT NO. 2825(1). [Report from Public Works
Department]
Volume 49 - Page 510
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November 27, 1995
5. Approve a FUND TRANSFER AGREEMENT wit
CALTRANS not to exceed $90,000 for the
development of TRANSPORTATION MANAGEMENI
ASSOCIATION SERVICES in the airport area
[Report from Public Works Department]
6. CLAIMS - For Denial by the City Manager.
Allstate Insurance Company for Diane Donovan
alleging claimant was rear -ended by City vehicle
on San Joaquin Hills Road on August 15, 1995.
Kurt F. Briffain alleging his motor home behind 51E
E. Modena Avenue was hit by City refuse truck or
November 7, 1995..
Nada Hannaford alleging sewer line had beer
capped off from her building (301 Main Street,
Balboa) to Main Street on October 23, 1995;
seeking reimbursement of plumbing expense foi
total of $1,145.
John P. Hogan alleging unfinished door of
restroom at Cliff Park lacerated right top of his fool
on October 1, 1995; seeking reimbursement of $161
for medical expenses.
7. SPECIAL EVENTS APPLICATIONS - Approve the
following applications, subject to conditions in the
staff report from the Recreation Manager,
Community Services Department:
(a) Application No. 95 -349 - Private
Garden Wedding and Reception at 208
Dahlia Avenue. Corona del Mar, on
Saturday, December 2, 1995 from 4 - 9 p.m.,
and amplified sound in a residential area
from 4 - 8 p.m.
(b) Application No. 95 -369 - Removed
from the Consent Calendar.
(c) Application No. 95 -370 - Wedding
Reception at the Bluffs Homeowners
Community Association Clubhouse, 2414
Vista del Oro, on Sunday, December 3, 1995
from 12 Noon to 4 p.m., and amplified
sound in a residential area for the duration
of the event.
8. Removed from the Consent Calendar
9. Removed from the Consent Calendar.
Volume 49 - Page 511
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INDEX
Caltrans /Tsp
Mgm Assn Srvs
C -3077
(38)
(36)
(27)
Apl #95 -349
Apl #95 -370
CITY OF NEWPORT BEACH
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November 27, 1995
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10. ECONOMIC DEVELOPMENT COMMITTEE (VACANCY)
- Accept with regret letter of resignation of Marie
Economic Dev
Cmte
Schock; and defer replacement to December i1,
(24)
1995 meeting.
11. BUDGET AMENDMENTS
(40)
BA -019, $25,000 - Removed from the Consent
Calendar.
BA -020, $90,000 - To Execute a Fund Transfer
Agreement with CALTRANS regarding a feasibility
study and implementation of a program of
Transportation Management Association services in
the airport area; PUBLIC WORKS- TRAFFIC. [Refer to
report w /agenda item 5]
BA -021, $7,514.01 - To Transfer from the Hoag
Paramedic Reserves for the purchase of an AKS
Trainer (Training Mannequin); FIRE & EDUCATION
TRAINING FUND.
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. Report from City Attorney recommending
Ord 95 -66
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introduction of Proposed ORDINANCE NO. 95 -66
Campaign
Contribution
AMENDING CHAPTER 1.25 PERTAINING TO
(39)
MUNICIPAL ELECTIONS AND CAMPAIGN
EXPENDITURE CONTROL.
Council Member Glover stated that she requested
the Legislative Committee address the City's
present Campaign Contribution Ordinance to
eliminate the confusion between local and state
reporting requirements for the ordinary citizen so
that they can run their own election campaign.
Motion
x
Council Member Edwards advised that he feels
comfortable with the campaign contribution limit
as is, and therefore, made a motion to introduce
proposed ORDINANCE NO. 95 -66, and pass to
second reading on December 11, 1995, with the
$200 limit.
Motion
x
Mayor Hedges moved to amend the ordinance to
make the campaign contribution limit $700, citing
the expenses involved in running a campaign for
public office.
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Comments were made by Council Members
Glover and Watt in support of the $200 limit, and
Council Member Cox in support of raising the limit
to $700; wherein, Council Member Edwards
indicated that he would offer a "political"
compromise for a $500 limit, to which Mayor
Hedges Indicated acceptance and changed his
above amendment from $700 to $500.
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November 27, 1995
INDEX
Dolores Offing, 17 Hillsborough, addressed the
Council stating that most of the other cities have
put a $250 limit on campaign contribut(ons, and
she feels that raising the limit to $500 or $700, would
put a lot of pressure on contributors and make it
more difficult for the less affluent citizen to run for
an elected office.
Ayes
x
x
x
x
x
Hearing no one else wishing to address the issue,
Noes
x
x
the amendment made by Mayor Hedges to
change the campaign contribution limit ordinance
to reflect the $500 limit was voted on and carried.
Ayes
x
x
x
x
x
Mayor Hedges called for a vote on the main
Noes
x
x
motion as amended.
7.(b) Report from the Recreation Manager, Community
Special Event
Services Department recommending approval
Apl #95 -369
subject to conditions in the staff report for Special
(2 7 )
Event Application No. 95 -369 - Annual Christmas
Walk and Toys for Tots Merchant's Open House on
Sunday, December 3, 1995, from 11 a.m. - 4 p.m.;
amplified sound in a commercial /residential area
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for the duration of the event and adopt a
resolution for three (3) street closures.
Motion
x
Following an open invitation to the public by Toni
All Ayes
Van Schultze, President of the Corona del Mar
Chamber of Commerce, motion was made to
approve SPECIAL EVENT Application 95 -369 and
adopt RESOLUTION NO. 95 -127 authorizing the
Res 95 -127
TEMPORARY STREET CLOSURES OF; Heliotrope
Avenue from PCH to 2nd Street; Marigold Avenue
from PCH to the first alley; and Poinsettia from PCH
to the first alley.
8. Report from Fire and Marine Chief recommending
Harbor Permit
HARBOR PERMIT APPLICATION NO. 175 -112 be
Apl #175 -112
denied - request by Mr. and Mrs. Floyd Schenk to
(51)
revise the residential pier bayward of their
residence at 112 Via Lido Nord, subject to Harbor
Permit Policies, Section 5 -8.
Pete Swift, representing the Schenk family,
addressed the Council, stating that he has been a
dock builder in Newport Harbor for 13 years, and
that the Schenks are requesting to put a picket
fence as a safety device on their pier to protect
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the grandchildren, and asked for Council's
approval.
Following clarification regarding the differences in
the submitted drawing and construction permit, it
was indicated by Mr. Swift that the drawing was
not updated showing the proposed picket fence.
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Floyd Schenk, 112 Via Lido Nord, appellant,
Harbor Permit
addressed the Council stating that several of his
Apl #175 -112
neighbors along with his wife, Marie, are present in
the audience in support of their request and to
explain that the picket fence was left off the plans
inadvertently by Mr. Swift's contractor. He stated
that they have had the picket fence all along the
bulkhead for many years, and presented photos to
the Council; they have the approval of their
neighbors, with the exception of the Bakers; and
urged that the Council approve their application
with the picket fence so that the safety of their
grandchildren can be preserved.
Dan McGurk, 114 Via Lido Nord, addressed the
Council in support of his next door neighbors, the
Schenks, stating that the picket fence is not
objectionable to him.
Robert and Sheila Baker, 108 Via Lido Nord, the
neighbors who are objecting to the extended
picket fence, addressed the Council in rebuttal to
the foregoing testimony, stating that the extended
pickets are not in conformance with any of the
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surrounding properties, and not in accordance
with the plans that were submitted to the City or
approved by them, as no pickets were shown on
the plans and the height violates their CC &R's.
Marcia Dossey, 2101 E. Coast Highway, local
realtor, addressed the Council in behalf of the
Bakers, stating that the picket fence is not
consistent with the normal bayfront railing, wherein
the normal railing is horizontal so that the view is
not inhibited, and that her view was totally
impaired when in the sitting position. She added
that prior to the Bakers' purchasing the house, one
of the vessels in question had been there for
several years and is not a new rental boat.
Cheryl McGurk, 114 Via Lido Nord, next door
neighbor of the Schenks- addressed the Council,
stating that the picket fence was there when they
moved in eight years ago. She feels that the
problem is that the Bakers' boats obstruct the
views.
Tony Melum, Deputy Chief, Fire and Marine
Department, responded to questions of the
Council, wherein he advised that the only problem
with the application is the deficiency with the
picket fence. With regard to City liability, he
advised that the standard drawings and the
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design standards indicate that there is a minimum
distance between the rails. The minimum distance
being 12" for a residential dock vs. a commercial
installation which can be no larger than to allow a
6" spear to pass through, and is consistent with the
Uniform Building Code. As far as the Harbor Permit
Policy and the design drawings, he has discussed
the liability issue with the City's Public Works
Department, and the Uniform Building Code does
not apply out over the water.
Motion
x
Mayor Hedges moved to uphold staff's
Ayes
x
x
x
x
x
x
recommendation to deny Harbor Permit
Noes
x
Application No. 175 -112.
Mayor Hedges requested that staff review the
Council Policies and the appeal process for
deviations from standard drawings.
9. Original report & supplemental report of opposition
City Attorneys
from Law Office of George Grove, Jr., Attorney
Massage /Brown
representing Ms. Brown, and response from City
(7 0 )
Attorney recommending determination of hearing
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officer as final be upheld concerning MASSAGE
TECHNICIAN PERMIT DENIAL FOR SHERRY BROWN.
George Grove, Jr., Attorney representing Sherry
Brown, addressed the Council, stating that he was
present to answer questions, and deferred
testimony to Norma Gaunt and Debra Ehret.
Norma Gaunt, 2166 Garnet Circle, Huntington
Beach, 23 years experience as a massage
technician, stated that the material administered
in the City's test is designed not to protect clients,
but excessive in scope.
Debra Ehret, 25002 Hidden Hills Rd, Laguna Niguel,
does not believe the exam is fair, and had she
known that she would be required to know
advanced kinesiology, advanced physiology and
advanced anatomy she would have taken these
as electives, and after two years of schooling she
finds that her credential is useless in Newport
Beach.
Dan Ohl, Deputy Attorney in the City Attorney's
Office, addressed the Council, advising that with
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respect to the appeal, the applicant took the test
in February and scored 47%: in April she scored
6495: the City requires 70% for an applicant to
receive a license. lie stated that the City has had
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six outside experts review and write the
examination given by the City and each 'one of
them has found that it is appropriate for 300 hours
of education. The expert who testified at the
hearing indicated that most of the questions that
were asked should have been answered correctly
by someone with 200 hours of education, which
Ms. Brown has had.
In response to Council inquiry, Mr. Ohl advised that
he estimated approximately 150 -250 operators
have taken the City's examination over the past
two years. and roughly 50-60% have passed the
test in any given month. In addition, they have
three chances to pass the test, with the City
providing study, materials and information where
applicants can obtain additional study sources.
Debra Cot of Manhattan Beach, addressed the
Council stating that she passed the test last year as
she had taken 300 hours at the massage school,
but that kinesiology is a very detailed study of the
body. She asked how many people passed the
test that she just failed three weeks ago. She
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added that she is a 4.0 community college student
and after taking 320 hours in massage school she
cannot pass the City's test that is being given now,
and feels that the advanced studies that the City is
basing their test on is for doctors and physical
therapists.
Motion
x
Motion was made to uphold the determination of
All Ayes
the hearing officer as final.
11. BA -019, $25,000 To provide for Tennis Court
(4 0 )
Reserves; COMMUNITY SERVICES DEPARTMENT.
Motion
x
Motion was made to remove Budget Amendment
All Ayes
019 from the calendar Indefinitely.
PUBLIC HEARINGS
12. Mayor Hedges opened the continued public
Balboa Transp
hearing regarding BALBOA TRANSPORT for request
(27 )
of a certificate of public convenience and
necessity to operate an eight passenger electric
vehicle contingent upon the appl'icant's ability to
satisfy the requirements of Municipal Code Section
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12.40.170, the Police Department's and Traffic
Engineer's safety concerns.
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Recycled report of November 13. 1995, from
Revenue Manager.
Glen Everroad, Revenue Manager, addressed the
Council, advising that the public hearing for this
application began September 11, 1995 to review
the request of Balboa Transport to provide electric
transportation services on Balboa Island. On
November 13, Council referred the issue to the
Traffic Affairs Committee who reviewed the request
and interviewed the applicant as well as those
affected by the applicant's operation on Balboa
Island. Since then the Traffic Affairs Committee
resolved many of the issues, i.e., hours of operation,
parking locations and the time limits associated
With his parking at designated areas that the
applicant intends to operate in. The Traffic Affairs
Committee has prepared recommended
conditions for the applicant's operation and the
only issue to be resolved is the route, identified as
Condition No. 1. All other issues associated with
the applicant's parking of the vehicle, the hours of
operation, time limits associated with his parking on
designated locations has been resolved to the
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Traffic Affairs Committee's satisfaction.
Roger Michael, Balboa Transport, and applicant,
addressed the Council stating that he believes he
has met all the requirements to date.
Motion
x
Motion was made to receive oral report from City
All Ayes
staff on the results of the Traffic Affairs Committee
meeting on November 22, 1995, and approve the
application, subject to the conditions imposed by
City Departments with additional condition for the
Traffic Affairs Committee to review the operation
after nine months, or at any time that staff receives
complaints, and make recommendations to
Council if there are unresolved problems.
13. Mayor Hedges opened the public hearing
bell Club/
regarding changing the land use designation for
PA95-1(E)
the EBELL CLUB located at 515 West Balboa
(45)
Boulevard from "Governmental, Educational and
Institutional Facilities" to "Single Family Residentlal:"
and rezone four existing lots from R-3 to R -1, to
allow the construction of single - family residences:
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Report from Planning Department.
Council was advised that after the agenda was
printed a letter was received from Ebell Club
President Marie Cray for postponement.
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Mo on
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Motion was made to table Indefinitely GENERAL
yes
PLAN AMENDMENT NO 95 -1(E); LOCAL COASTAL
PROGRAM AMENDMENT NO. 40; and proposed
ORDINANCE NO. 95 -52 (PLANNING COMMISSION
AMENDMENT NO. 828).
14. Mayor Hedges opened the public hearing
Corona del Mai
regarding application of THE IRVINE COMPANY for
Plaza /GPA 95-
the construction of a specialty retail shopping
2(C) PCA 835
center, CORONA DEL MAR PLAZA on property
(45 )
located in the Newport Village Planned
Community District at 2400 East Coast Highway
and in order to approve this project the
consideration of the applications for. GENERAL
PLAN AMENDMENT NO. 95 -2(C) to designate the
property for Retail and Service Commercial use
and establish the permitted intensity of
development; AMENDMENT NO. 835 to amend the
Newport Village Planned Community District
Regulations: SITE PLAN REVIEW NO. 74 to allow the
establishment of a specialty retail shopping center
on the property; and TRAFFIC STUDY NO. 101.
Report from Planning Department.
Supplemental report from Planning Department.
Council was advised that after the agenda was
printed, a letter was received from Jack Carr with
concerns about the proposed project.
Patricia Temple, Planning Manager, advised that
the City's consultants are all present tonight,
including Keeton Kreitzer, the Environmental
Consultant, Joe Foust, the Consulting Traffic
Engineer, and Stan Hoffman, the Fiscal Consultant,
should Council need to have technical questions
answered. She offered the following information
regarding the project: This project has been in
process since approximately March of 1995: it was
recently considered and recommended for
approval by the Planning Commission with five
recommendations for modification to the
proposed 105,000 sq. ff. specialty retail shopping
center, which is proposed for a 10 -acre site on the
comer of East (:oast Highway and MacArthur
Boulevard. The revisions include: 1)the relocation
of a proposed access on MacArthur Boulevard
southeriy approxirately 450 ff. ; 2)an increase in
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the required parking ratio from 4.5 to 4.9 parking
spaces for each 1,000 sq. ff. of development; 3)the
elimination of drive-in and fast
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food restaurants and arcades from the list of
Corona del Mar
permitted uses within the project; 4)the
Plaza
incorporation of an additional condition of
approval regarding homeowner association
review of the proposed lighting plan: and 5)the
elimination on a policy basis of the driveway
volume associated with the MacArthur Boulevard
driveway which would be used to determine the
addition of travel lanes on Coast Highway. Since
the Planning Commission meeting, additional
correspondence has been received from the
Library Board of Trustees expressing 10 concerns
and request for project modification. There have
also been verbal communications from residents in
Harbor View Hills, Irvine Terrace and Old Corona
del Mar in regards to particular aspects of the
project. As a result a Supplemental Staff Report
was prepared today and has been distributed to
the Council. Some additional refinements to
modified conditions have been drafted by staff
and have been distributed to the Council.
Ms. Temple reviewed In detail these two
Supplemental Reports as follows: On Wednesday,
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November 22, staff received a lengthy letter from
the Board of Library Trustees expressing some very
specific operational considerations in regards to
the interaction between the proposed shopping
center and the existing Newport Beach Central
Library on Avocado Avenue. The first concern
suggested that an additional right turn lane be
added to the driveway to allow for less restricted
egress from the Library Parking Lot and to prevent
the stacking of cars from impeding Library access.
In order to assess this particular request, staff
caused the Consulting Traffic Engineer to prepare
a Queuing Study this morning which is attached to
the staff report. This study took into account the
driveway design, the stacking distance from
Avocado to the internal intersection of the parking
lot and peak level traffic volumes. The study found
that in the worst case the maximum stacking
demand in the peak hour of the access was five
cars in the left turn lane for southbound Avocado
and two cars for the right turn lane for northbound
Avocado. This particular driveway access has a
stacking distance which is designed to
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accommodate six cars in each lane. On this basis
it is staff's opinion that an additional outbound
lane for right turns is not necessary from a traffic
engineering standpoint. The Library Board also
suggested that a stop sian for vehicles traveling
west in the parking area be installed at the internal
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intersection of the parking lot to allow vehicles
Corona del Ma
exiting the Library an equal opportunity to turn
Plaza
right at that internal intersection. The City's
Consulting Engineer also reviewed the operation of
this internal intersection this morning, and
indicated a number of options exist to control the
flow of traffic through this area including the one
proposed by the library Board, e.g., the installation
of a stop sign on the northbound and southbound
links of the intersection, and three stop signs or four
stop signs. Basically, the determination of the
traffic control mechanisms on the internal
intersection should be determined by the Traffic
Engineer upon final design of the parking lot, and
the Planning Department suggests an additional
condition which would state, "that the design of
the internal intersection shall be subject to the
review and approval of the City Traffic Engineer.
This design shall include traffic control devices
Including stop signs as deemed necessary to
provide for adequate public safety, as well as
optimal convenient access for the Library and
shopping center patrons." The third item raised by
the Library Board of Trustees deals with a
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suggestion that the internal intersection be
relocated to the east to increase the stacking
distance in the Avocado Avenue driveway. With
the discussion of item 1, in the Queuing Study that
staff conducted this morning, the Planning
Department believes that the data does not
support the proposal to increase the stacking in
the Avocado lane. The fourth request was that an
additional mitigation measure should require the
developer to make additional modifications in the
future if problems arise. It should be noted by the
City Council that this project is subject to the
review and approval of a site plan review which is
intended to review, among other things,
operational issues of this nature. In this type of
project it is standard practice for operational
- problems to be subject to ongoing review and
modification if necessary. In this particular case,
the Planning Department suggests an additional
condition which would be added to the prior
suggested additional condition, "that the design of
the traffic control measures at the internal
intersection shall be subject to the ongoing review
of the City Traffic Engineer," and on that basis,
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additional modifications to the internal
organization of the parking lot and accesses could
be required if problems arise in the future. The fifth
issue raised was the loss of parking on Avocado
Avenue, southerly of the project entrance and a
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request that parking on Avocado be replaced by
Corona del Mar
the applicant within the Library property.
Plaza
Currently, public street parking is available on
Avocado Avenue, both northerly and southerly of
the Library entrance. In discussions with the City
Traffic Engineer this morning he indicated that use
of the street spaces northerly of the access point
occur on a rather routine basis, and that
occasional use of the street spaces southerly of the
access also occurs, primarily when a special event
happens, or there is extraordinarily heavy use of
the Library facility. Because the proposed project
would include the addition of a service driveway
for the shopping center on Avocado Avenue, that
proposal will reduce, if not totally eliminate, those
parking spaces on Avocado Avenue southerly of
the access driveway. Therefore, the elimination of
these parking spaces could be attributed to this
project. The onstreet parking spaces provide a
source of overflow parking for the Library today.
The reduction in onstreet spaces could adversely
affect the parking supply for the Library. However,
it should be noted that, even though no formal
arrangements are being proposed, some Library
•
overflow will now utilize the excess spaces in the
shopping center parking lot being proposed for
development, particularly those in close proximity
to the Library, and also that on the site plan there is
a parking area which bears a greater relationship
to the Library than the shopping center and more
than likely would be used by patrons of the Library
rather than the shopping center, except during
times of peak utilization. However, it is
appropriate for the Council to consider the
imposition of an additional condition of approval
which would require replacement parking on the
Library property, although it should be noted that
the loss of parking is onstreet public parking and
not private parking on the Library site. The sixth
issue raised by the Library Board of Trustees
requests that the same setback proposed for the
shopping center be allowed for the Library
property. The Planned Community District
regulations included in the Council packet for
approval tonight sets forth the required setbacks
for both the Library site and the retail site, and on
Avocado Avenue both sites are consistent 20 foot
•
setbacks from Avocado Avenue. There are no
other formal requirements such as in the Library
Exchange Agreement for an increased setback for
the Library Project. The greater landscape setback
for the Library was probably imposed as part of
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The Irvine Company's design review of the Library.
Corona c
Should the City desire to construct either parking or
Plaza
buildings up to the required 20 foot setback, it
would be subject to the design review procedures
of The Irvine Company, but in speaking with
representatives of The Irvine Company today, they
indicated that a reduction of the landscape
setback could be considered in association with a
specific request. _ The seventh concern raised by
the Library Board of Trustees is that employees of
the businesses In the new shopping center would
be directed to park in the Library parking lot during
peak periods. This particular concern can be
addressed by imposing an additional standard
condition which would read, "that the employees
of all businesses in the project shall park onsite or at
another location offsite if approved by the City
Traffic Engineer." The eighth issue suggested by
the Library Board of Trustees would be that The
Irvine Company be required to install and maintain
landscaping, watts, or other similar improvements
intended to delineate the boundary between
Library parking and project parking areas, and to
create a safety barrier in areas where there will be
retaining walls or slopes due to the elevation
between the two sites. The revised site plan
distributed with the Council packet shows that the
grade differential between the two sites will require
the installation of a retaining wall or other retention
structure for a large portion of the common
properly line. The conceptual landscape plan
included in the packet also shows perimeter
landscaping which provides a visual separation
between the two sites. Additionally, the Building
Department will review the grading and landscape
plans to assure that appropriate safety devices will
be installed in areas where a fall hazard might be
present. These facts should adequately address
the issues raised by the Library Board of Trustees in
this area. The ninth concern requested that
adequate and safe pedestrian and vehicular
access be provided to the Library during
construction. This issue was addressed in Mitigation
Measure No. 1 contained in the EIR which requires
that the applicant shall prepare a construction
access plan in order to maintain safe access to the
Library during construction. The construction
access plan shall be approved by the Public Works
Department prior to the issuance of the grading
permit. The tenth and final consideration raised by
the Library Board of Trustees requested that
adequate signage for the Library be included at
the main Avocado Avenue access point. From the
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City's point of view, it is important that the new
Corona del Max
Central Library receive adequate and appropriate
Plaza
signage and have suggested an additional
condition of approval, "that the sign program shall
include provisions for sign identification program
for the Newport Beach Public Library, the form of
which is subject to the review and approval of the
City Manager, Community Services Department,
Public Works Department, and Planning
Department.
An additional set of concerns has been raised via
telephone calls to the Planning Department and
calls to various members of the City Council from
residents in Irvine Terrace and Corona del Mar, in
the area of Avocado Avenue. Currently some
traffic from Avocado Avenue crosses Coast
Highway and proceeds into the Corona del Mar
area. This traffic is predominately local traffic, and
since there are no convenient by -path routes
through either Irvine Terrace or Old Corona del
Mar, the Planning Department feels that only local
traffic would tend to travel on Avocado southerly
of Coast Highway. Based on the information
•
contained in the Traffic Study and the Traffic Study
Addendum, any additional traffic which would be
attributable to direct local traffic would be that
which utilizes the new shopping center. The
volume from the center is not anticipated to
change as a result of a redesign of the access on
MacArthur Boulevard since any traffic bound for
southbound Avocado would be unlikely to use the
MacArthur Boulevard exit in any case.
There have been some ongoing conversations
between various staff members and
representatives of the Harbor View Hills area which
has resulted in some suggested additional
modifications and clarifications to the language
adopted by the Planning Commission in
association with their recommendation for
approval of the project. The first clarification was
in regards to the revised condition of approval
which required the relocation of the MacArthur
Boulevard access southerly approximately 450 feet
from the originally proposed location at Harbor
View Drive. The condition as stated in the First
•
Addendum Staff Report has been further modified
by the Second Staff Report which was just
distributed to the Council, listed as Revised
Condition No. 101, which states, "that the
MacArthur Boulevard access drive shall be
relocated to a point approximately 450 feet
southerly, but no less than 400 feet southerly of the
prolongation of the current location of the south
curb line of Harbor View Drive as reflected on the
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approved site plan and shall be limited to a right
Corona del Mai
turn ingress only." The second clarification
Plaza
requested was the amount of time the
homeowners association would be given to review
the lighting plan and how that review would be
merged with the staff review process of the lighting,
plan. As a result, an additional modification to the
last sentence in the modified Condition No. 85
(contained in the Second Addendum Report)
which states that the lighting plans including the
lighting of signs shall be submitted to the Harbor
View Hills Community Association for review and
comment. The Community Association will have
four weeks from the date of receipt to prepare
written comments on the lighting plan. The Irvine
Company shall submit the Community
Association's comments prior to, or concurrent
with the submittal of the lighting plan to the City
which will review any Community Association
recommendations for potential incorporation into
the lighting plan approval. Additionally, in the First
Addendum Staff Report there is one additional
sentence which would be added to Site Plan
Review Condition No. 85, which would also state,
•
that all signs installed initially and subsequent to
the initial installations shall be in conformance with
the provision of the approved Lighting Program
and the PC text." The Planning Commission
included a requirement that the traffic volume
associated with the new access on MacArthur
Boulevard be discounted from the traffic volumes
which would determine the potential for adding
additional lanes on MacArthur Boulevard between
Coast Highway and San Miguel Road. The
Planning Department is suggesting a further
modification to the General Plan Amendment
Resolution contained in the Council packet, which
would change the last whereas statement,
(contained in the Second Addendum Staff Report):
"Whereas, the City Council has determined that
- 4,220 daily trips shall be subtracted from the total
traffic volumes on MacArthur Boulevard which
would be used to trigger the need for the addition
of the fifth and sixth through lanes on MacArthur
Boulevard. This differential is the difference
between the projected daily traffic attributable to
the shopping center and the projected traffic from
•
a 100,000 sq. ft. museum using Newport Beach
traffic model trip generation rates."
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Tom Redwitz, The Irvine Company, addressed the
Corona del Max
Council and gave a presentation regarding the
Plaza
proposed Corona del Mar Plaza project. that the
proposed shopping center will be an energizing
anchor to the business area, provide new and
different shopping amenities, and help keep sales
within the City. The Irvine. Company studied the
site taking certain criteria into consideration so that
the proposed project would be compatible with
the surrounding area, would benefit the
community, provide economic value to the City
and make best use of this visible site, and the use
that met these criteria best is the project being
presented tonight. Regarding the lighting, The
Irvine Company agrees with staff's
recommendation to the revision to the condition
on this issue, with the request that three weeks be
given for community association review, rather
than the stated four weeks. The Irvine Company
has been a major supporter of the Library over the
years, donating the site of the existing new Library
facility which was valued at that time at over $2
million, and a major sponsor of the Library Grand
Opening, contributing over $12,DOO for this event.
After discussions with the City, The Irvine Company
Planners integrated Corona del Mar Plaza's
vehicular and pedestrian circulation with the
Library as part of an overall plan to ensure no
impacts to Library patrons. They are also in
agreement with the Supplemental Staff Report
addressing the Board of Library Trustees' recently
raised concerns, and are in agreement with the
additional conditions proposed by City staff. The
Irvine Company is excited in joining the local
Business Leaders in their goal of maximizing
Corona del Mar's potential. Mr. Redwitz focused
on the issue of access, specifically access to
MacArthur Boulevard advising that The Irvine
Company has agreed to move the original
proposed access on MacArthur south placing it
near the access that currently exists and make it a
right in only. He requested that the condition
proposed by City staff related to the distance of
the access from Harbor View Drive be revised to
reflect 400 foot minimum setback center line to
center line.
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Gary Vaccaro, Vice President of The Irvine Retail
Corona del Mar
Properties Company and Project Manager of their
Plaza
proposed retail center, Corona del Mar Plaza,
addressed the Council, stating that if the Council
approves the proposed project, The Irvine
Company will endeavor to seek out the best
available merchants possible as tenants for this
project, with a goal of providing a shopping
experience that will not compete against, but will
compliment their other properties in Newport
Beach as well as the merchants in downtown
Corona del Mar.
City Attorney Bob Burnham advised that in his
recent discussions, Mr. Redwitz speaking on behalf
of The Irvine Company would agree to fund the
installation of shields on the existing light standards
in the Library Parking Lot up to a maximum of
$7,000, assuming that no requirement is imposed
on The Irvine Company to provide onsite
replacement parking for any spaces lost on
Avocado.
Mr. Redwitz replied in the affirmative to the
•
foregoing in consideration of the conditions as
currently proposed and in addition, stated that as
a clarification point, The Irvine Company is in
concurrence with the City staff Supplemental
Reports and Conditions, except as noted in his
report. In response to Council inquiry, he reviewed
the three week, rather than the four week
Community Association review, and a clarification
on the measurement of no less than 400 feet
southerly of the prolongation of the current
location of the south curb line of Harbor View
Drive.
Ben Jackson, Chairman of the Board of Library
Trustees, stated that the Library Board has been
trying to keep up on the development of this
project and how it affects the Library. He added
that the Board appreciates the efforts and
accommodations that have been made on behalf
of the Library, and reviewed the points of concern
raised in Board's letter to the Council. In response
to Council inquiry regarding the 10 points
reviewed by Ms. Temple in the foregoing; and the
suggested revision in the Supplemental Report just
reviewed, assuming that 9 the project Is approved.
the City modify a condition which includes
language that the additional right turn lane out be
Ned to some further traffic studies, and if
warranted, the Council review it at that time,
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would be agreeable with the Board of Library
Corona del
Trustees. Mr. Jackson replied in the affirmative, but
Mar Plaza
stated that a resolution needs to be drafted
regarding the loss of parking spaces and a
condition that the developer's leases require that
tenants' employees not park in the Library Parking
Lot.
The following people addressed the Council to
give testimony:
Marilyn Ellis, 621 Begonia Avenue, concerned
about the pollution from truck traffic
frequenting the restaurants in the area; the
abuse of parking on the residential streets by
the restaurant employees; and noise and
pollution from the construction equipment.
Debra Allen, 1021 White Sails Way, personally
supports the project with regards to what staff
has written in the most recent First Addendum
to the staff report, the Condition dealing with
Signing and Lighting, and the Second
Addendum to the staff report with the revisions
to Condition 85 and Condition 101, and the
way the Planning Commission approved the
project, she feels it is important to leave the
Condition regarding the location of the
driveway the way Ms. Temple has written it,
further that their association has long opposed
a 5th or 6th lane on MacArthur Boulevard
opposite Harbor View Hills, but if The Irvine
Company can work with Caltrans for a lesser
deceleration lane, their association would be
happy to open dialogue; the association will
work with The Irvine Company on the 3-week
review request; and she thanked the many staff
people in the Planning Department, the City
Attorney's Office and Council regarding this
project.
Phil Sansone, Chairman of the Corona del Mar
Residents Association, in support of the
Planning Commission decision and staff reports
presented tonight.
Val Skoro, 1601 Bayadere Terrace, Vice
President of the Irvine Terrace Homeowners
Association, also on the Board of the Corona
del Mar Residents Association, concurs with the
project, but initially concerned about the
traffic situation (requiring a condition for an
ingress on MacArthur Boulevard); commented
on the landscaping and consideration by The
Irvine Company for aesthetically pleasing
buildings facing PCH.
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Toni Van Schultze, President of the Corona del
Corona del biai
Mar Chamber of Commerce, in support of the
Plaza
project.
Rush Hill, Chairman of the Economic
Development Committee, feels that this project
Is beneficial to the community; will enhance
revenues projected at $150,000 per year and
predicts a doubling after the fifth year
reversing the flow of revenue from the City.
Richard Luehrs, President of the Newport
Harbor Area Chamber of Commerce,
representing the Board of Directors who
unanimously voted in support of this particular
project, as well as himself, urged Council's
approval.
Charlie Gabbard, resident of Corona del Mar,
fully supports this project, as It will enhance the
area.
Jim Wharton, President of the Harbor View Hills
Community Association, supports the original
•
agreements by The Irvine Company and the
Planning Commission as spelled out in the
information given by Ms. Temple, but does not
support the changes recommended by The
Irvine Company this evening, although they
could support the 3 -week review regarding the
lights.
Lucille Kuehn, 1831 Seadrift Drive, urged
support for the project as this area has been an
eyesore for the 38 years she has lived here; it
Will enhance property and sales tax revenues,
and provide an attractive entrance to Corona
del Mar.
John Robertson, 259 Harbor View Drive, 26 -year
resident of Corona del Mar, is satisfied with the
conditions set forth in Ms. Temple's presentation
tonight regarding the ingress and egress into
the Corona del Mar Plaza project, and the
Council should approve this, and feels that The
Irvine Company should withdraw their latest
amendment relative to this area.
•
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Mayor Hedges announced that the public hearing
Corona del Mai
was closed, wherein, Council Member 'O'Neil
Plaza
requested clarification from The Irvine Company
representative Tom Redwitz
Mr. Redwitz advised that the measurement from
center line to center line is important because in
moving that access further south it will negatively
impact their site plan and reduce parking. What
they propose Ls that there be a minimum
measurement of 375 it from the prolongation of
the south curb line of Harbor View Drive to the
prolongation of the north curb line of entry, but
would commit to working with City staff and
Caltrans to reduce the length of the deceleration
lane from the anticipated length, thus avoiding
any impacts.
Mr. Redwi . in response to Council, addressed the
possible installation of an additional right hand
turn lane out of the Library site, wherein he stated
that this issue would be very difficult to accomplish:
1) by adding the additional right turn out this will
reduce parking; 2) once the project is built it is
•
problematic to go back in and reconfigure this
causing disruption and the Traffic Analysis indicates
there is no problem with the proposed access as
currently designed and agreed to.
Motion
x
Council Member O'Neil gave an overview of the
process that this project has gone through since its
inception, and stated that he is satisfied it has
received a fair hearing and the City has addressed
all of the issues and, therefore, made the motion to:
(a) Adopt Resolution No. 95 -128 certifying FINAL
EIR NO. 154; (b) Adopt Resolution No. 95 -129
approving GENERAL PLAN AMENDMENT NO. 95-
2(C); (c) Adopt Resolution No. 95 -130 approving
AMENDMENT NO. 835;(d) Uphold the action of the
Planning Commission and approve TRAFFIC STUDY
NO. 101; and (e)Uphold the action of the Planning
Commission and approve SITE PLAN REVIEW NO.
74; with further conditions attached in the
Supplemental staff report and Addendum received
today amending the last sentence to Condition No.
5 to provide for a 3 -week review of the lighting
plans and lighting of signs, opposed to a 4 -week
review, to further provide that the MacArthur
Boulevard access drive shall be relocated to a
point 400 feet minimum southerly of the
prolongation of the current location of the south
curb One of Harbor View Drive: that the access shall
be a right turn ingress only and In no event shall
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any deceleration lane on MacArthur northerly of
Corona del Ma-
•
the access commence northerly of the south curb
Plaza
line of Harbor View Hills; and to include the $7,000
contribution by The Irvine Company to shield lights
of the existing standards within the library parldng
lot.
Discussion ensued by Council regarding the
MacArthur Boulevard access, and in response, Tom
Redwitz, representative of The Irvine Company,
advised that, "they would accept a condition that
said the deceleration lane would not begin until
the prolongation of the southerly curb of Harbor
View Drive." He stated that they cannot accept a
condition that would require 400 feet as stated in
the foregoing motion.
Barry Allen, 1021 White Sails Way, Municipal Affairs
Officer for the Harbor View Hills Community
Association, and very actively involved in working
on this project, advised that he believes this
entrance road has moved from 450 feet south of
the south curb line of Harbor View Hills Drive, to 400
feet to 375 feet, and may even move further once
the project is underway. He believes that the
figure negotiated (450 feet) should be agreed to
and does not like an approximate figure, adding
that there needs to be a measurement set down.
Following discussion by the Council, City Attorney
Bob Burnham suggested 375' or 380' minimum
southerly of the prolongation; wherein, Council
Member O'Neil agreed to 380', rather than 400'.
Motion
x
Mayor Hedges offered an amendment to require
Ayes
x
x
x
x
x
the provision of an additional exit lane for fight turn
Noes
x
x
purposes on Avocado at the signalized intersection
0 actual experience subsequent to the opening of
the project indicates that need based on traffic
studies conducted by the Traffic Engineer.
All Ayes
The Council voted on the main motion with the
agreed upon 380' as set forth in the foregoing
discussion.
15. Mayor Hedges opened the public hearing
GPA 95-1(C)
regarding the COMMUNITY COMMERCIAL DISTRICT
Community
POLICY GENERAL PLAN AMENDMENT 95 -1(C) for
Commercial Di.,
inclusion in the Land Use Element of the General
(4 5 )
•
Plan to provide guidelines and focus to the City's
efforts to revitalize these areas.
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Report from Assistant City Manager, Planning and
Building Director.
Motion
x
Motion was made by Council Member Glover to
All Ayes
continue the public hearing until December 11,
1995, for additional review.
ORDINANCES FOR ADOPTION
16. Reports from Assistant City Attorney, General
Solid Waste
Services Director and Supplemental report from
Collection
Risk Manager regarding SOLID WASTE COLLECTION.
(4 4 )
Supplemental report from City Manager.
City Manager Kevin Murphy advised that following
Council's approval on November 13 of the
introduction of an ordinance implementing the
non - exclusive franchise agreements with the City's
commercial refuse haulers, City staff scheduled a
meeting with the commercial haulers to address
their remaining issues: 1) Language be inserted in
the franchise agreement which requires the haulers
to place on each customer's invoice a line item
reference to the City's charge for the
Environmental Liability Fund and the Franchise Fee,
which would need an amendment to Municipal
Code Section 4.63; and that Section I I (b) of the
Franchise Agreement is overly broad and vague In
terms of the City's indemnification requirement. He
added that Special Counsel which has been
retained by the City to review this issue, Terry
Trumball, has conferred with the Assistant City
Attorney, and strongly recommends that the
language remains as is to protect the City in the
Hazardous Substances Indemnification.
The following persons addressed the Council:
Madelene Arokelian, South Coast Integrated
Refuse Systems, thanked the City Council, City
Manager and City Attorney for being very
cooperative and so receptive to keeping the
competition going in this industry; and
confirmed that several of the haulers would like
to see the Environmental Fee on the billing
because it gives a conceptual idea to the
public that it is something that the haulers are
not charging them for.
Nancy Arakelian, South Coast Integrated
Refuse Systems, also thanked the City for their
cooperation, and also stressed that her
customers want the Environmental Fee shown
on the billing.
Volume 49 - Page 531
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x
Council Member Cox made a motion to adopt:
ORDINANCE NO. 95 -63 REPEALING EXISTING
Ord 95 -63
CHAPTER 12.63 IN ITS ENTIRETY AND REPLACING
Franchise
IT WITH A NEW CHAPTER 12.6 TO REQUIRE A
FRANCHISE;
AND
ORDINANCE NO. 95 -64 GRANTING
Ord 95 -64
NONEXCLUSIVE FRANCHISES TO PROVIDE SOLID
Solid Waste
WASTE COLLECTION SERVICES UPON THE CITY
Collection
STREETS AND WITHIN THE CITY OF NEWPORT
BEACH.
Motion
x
Mayor Hedges moved an amendment to the main
Ayes
x
x
x
x
motion to require separate line Items to reflect the
Noes
x
x
Franchise Fees and the Environmental Liability Fund
Abstained
x
Contributions on the billings, (an amendment to the
Municipal Code to be brought back at the next
Council meeting to include the regulation) which
motion carded.
Ayes
x
x
x
x
x
The main motion invade by Council Member Cox
Noes
x
was voted on and carded.
Abdiiiiia3-ned
x
17. The following ordinances and resolution are
presented for adoption of the BUILDING /FIRE
CODES:
Recycled reports dated November 13, 1995 from
Building Department and Fire and Marine Chief.
Motion
x
Motion was made to adopt the following:
All Ayes
ORDINANCE NO. 95 -56 AMENDING CHAPTER
Ord 95 -56
15.03 TO ADOPT THE UNIFORM HOUSING CODE
1994 EDITION;
ORDINANCE NO. 95 -57 AMENDING CHAPTER
Ord 95 -57
15.04 TO ADOPT THE UNIFORM BUILDING CODE
1994 EDITION;
ORDINANCE NO. 95 -58 AMENDING CHAPTER
Ord 95 -58
15.05 TO ADOPT THE UNIFORM MECHANICAL
CODE 1994 EDITION;
ORDINANCE NO. 95 -59 AMENDING CHAPTER
Ord 95 -59
®
15.06 TO ADOPT THE NATIONAL ELECTRICAL
CODE 1993 EDITION;
ORDINANCE NO. 95 -60 AMENDING CHAPTER
Ord 95 -60
15.08 TO ADOPT THE UNIFORM PLUMBING CODE
1994 EDITION;
ORDINANCE NO. 95 -61 ADDING CHAPTER 15.10
Ord 95 -61
TO ADOPT THE NEWPORT BEACH GRADING
CODE 1991 EDITION;
Volume 49 - Page 532
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®
ORDINANCE NO. 95 -62 AMENDING TITLE 9 TO
Ord 95 -62
ADOPT THE UNOFORM FIRE CODE 1994 EDITION,
and Resolution No. 95 -131 setting forth Findings
Res 95 -131
based on local conditions within the City of
Newport Beach which certain modifications
and to the UnUorm Building Code, the Uniform
Plumbing Codes, National Electrical Code and
the Uniform Fire Code reasonably necessary.
PUBLIC COMMENTS
None
CONTINUED BUSINESS
18. Report from Public. Works Department regarding
IRWD Wetland
the IRVINE RANCH WATER DISTRICT (IRWD) WETLAND
Water Supply
WATER SUPPLY PROJECT.
Prj (74 )
City Attorney Bob Burnham advised that the
proposed resolution would express opposition to
the IRWD Wetland Water Supply Project using
reclaimed water to create waterfall ponds
adjacent to their Water Reclamation Plant and the
ultimate discharge of that reclaimed water into the
®
San Diego Creek during the fall and winter months
at the rate of five million gallons per day. The City
Council has expressed concerns about the
potential impacts of this project on water quality in
the Upper Bay upon flora and fauna and potential
Impacts on public health, and the Council
directed staff to retain a noted biologist, a noted
wetland ecologist, and a water engineer modeler
to evaluate the manner in which the discharge of
five million gallons of reclaimed water would
spread throughout the Bay. These experts
concluded that the EIR did not adequately
address the potential impacts of the discharge of
the additional water into the Upper Bay, and the
specifics are noted in their letters which are
attached to the staff report.
The following persons addressed the Council:
Tom Houston, 206 Ruby, Balboa Island, former
Harbor Quality Committee member, gave
mention to SPON, The Friends of the Bay. Fish
and Game Department, Aquatic and Surfrider
®
Associations, etc., who have labored for so
long against such issues and asked for a
unanimous opposition to this particular project.
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Tom Hyans, President of the Central Newport
IRWD
Beach Community Association, offered statistics
regarding the projected increase of reclaimed
water that the IRWD proposes to dump into the
Upper Bay by permit, emphasizing that if the
IRWD can't solemnly swear that this project
won't go awry, then the project shouldn't go
forward.
Leonard Miller, 501 W. Edgewater, member of
the Harbor Quality Committee, discussed the
effect on the ecosystem as a result of the
salinity being decreased in the Bay, referencing
a recent TV program wherein a similar
experiment was done in North Carolina. The
change of the salinity created an algae and
bacteria problem and a 100% pollution of the
bay there that will take years to clean up as a
result of fresh water flowing into salt water. He
felt that tourism and property values in
Newport Beach will be affected if this project is
allowed to go forward.
®
Susan Skinner, 2421 E. 16th Street, commended
the Council for taking the time and energy to
hire consultants and keeping an open mind
toward opposing the proposed project with as
much strength and force as possible, and if
necessary through legal action.
Bob Coustin, 471 N. Newport Boulevard, and
representative of Citizens for Sewage Free Bay,
thanked the Council and asked that they send
a strong message to IRWD to oppose this
project. His organization is working towards
obtaining public support and making people
aware of the issues, as well as asking them to
participate in attending the Water Control
Board and IRWD meetings to present testimony,
and also to send letters to legislators.
Motion
x
Council Member Glover advised that the
language in the proposed resolution has been
changed to more strongly affirm the position of the
City Council. She stated that she Is very proud of
the Council and the Citizens of Newport Beach
and the stand that has been taken, which is that.
"Whereas the City Council of Newport Beach
®
opposes the project because the IRWD has not
established with certainty that the proposed
project will not have any adverse impact on
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public health or -welfare or any adverse impact on
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flora or fauna in Newport Bay. NOW, THEREFORE,
BE IT RESOLVED that the City Council of the City of
Newport Beach intends to oppose the 'Weiland
Water Supply Project,' and will take all action
necessary to protect the public .health, safety and
welfare of all persons who could be adversely
impacted by the discharge of tertiary treated
waste water in Newport Bay;" and made a motion
to adopt Resolution No. 95 -132.
In reference to Susan Skinner's comments, the
Council discussed the pros and cons of litigation,
wherein, Council Member Edwards commended
the untiring efforts of Council Member Watt and
Mr. Houston and others regarding this issue;
suggested to the maker of the motion that the
Mayor designate a Council person to attend the
IRWD meeting of December 4; and that a letter be
sent to the local legislators who have indicated
interest in this issue, i.e., Assemblywoman Brewer,
and Senator Johnson to let them know the City's
position.
A}ZAyes
The motion to adopt Resolution No. 95 -132 was
Res 95 -132
•
voted on and carried.
Council Member Edwards' suggestions in the
foregoing were approved by acclamation, and
Council Member Watt was designated as the
Council representative to attend the IRWD
meeting on December 4.
CURRENT BUSINESS
19. Memorandum from Assistant City Manager,
Balboa Pnsla
Planning and Building Director regarding BALBOA
Ping Cmte
PENINSULA PLANNING ADVISORY COMMITTEE
(24 )
VACANCIES.
Motion
x
Confirmed appointment of Tim Collins as Co-
All Ayes
Chairman and Don Dabney as a new member.
20. Report from Chief of Police Bob McDonell
Recreational
concerning RECREATIONAL VEHICLE PARKING ON
Vehicle Pkg
PUBLIC STREETS AND MUNICIPAL PARKING LOTS.
(85 )
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In summary City Manager Kevin Murphy, advised
that staff proposes changes to modify the
Oversized Vehicle Ordinance so that the definition
of large motor vehicles would be changed from
over 95" wide to over 84" wide. Also, the City
currently allows parking permits, including Annual
Master and Overnight Parking Permits, which are
sold to park these vehicles in various locations
including the City lots, it is recommended the
ordinance be modified to restrict parking of such
vehicles by excluding these parking permits on
large motor vehicles as re-defined.
Motion
x
Following discussion, Council Member Edwards
All Ayes
made a motion to direct staff to return to the
Council with proposed (ordinance) changes to the
Municipal Code relating to the parking of certain
large motor vehicles and the authorized use of City
parking permits by such vehicles.
Council was advised that there already is a
regulation in the Municipal Code that prohibits
"sleeping in vehicles," and is enforced by the
Police Department.
Meeting adjourned In honor of Mary Wilkes Hedges (Mayor
Hedges' newest daughter) at 11:18 p.m., and to December
8, 1995, to meet in closed session at 4:00 p.m. for the
purpose of interviewing City Clerk candidates.
The agenda for this meeting was posted on November 22,
1995, at 1:35 p.m., on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration
Building.
Mayor
ATTEST:
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City �!
Clerk
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