HomeMy WebLinkAbout05/22/1989 - Regular MeetingDent
on
All Ayes
Motion
All Ayes
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CITY OF NEWPORT BEACH
cc, 'It REGULAR COUNCIL MEETING
PLACE: Council Chambers
a TIME: 7:30 P.M.
DATE May 22, 1989
x I x xI X X x
x
MINUTES
A presentation of poppies was given to Mayor
Strauss and Council Members in recognition of
the ANNUAL POPPY DAY PROGRAM.
X1 A. ROLL CALL.
B. Reading of Minutes of Meeting of May 8,
1989, was waived, approved with
correction to line 18 on Page 196 as
follows, and ordered filed:
"With regard to the Laventhol &
Horwath report, Mayor Strauss
stated...... and that there are no
cities in Orange County that take
part of the occupancy tax and
allocate it to a convention and
visitors bureau;"
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Strauss opened the continued
public hearing and City Council review
of:
A. TRAFFIC STUDY NO. 54 - A request of
EMERALD ASSOCIATES, Newport Beach,
to approve a traffic study so as to
permit the construction of an 85
unit elderly personal care facility
located at 3901 East Coast Highway,
Corona del Mar; zoned P -C;
B. USE PERMIT NO. 3342 - A request of
EMERALD ASSOCIATES, Newport Beach,
to permit the construction of an 85
unit elderly personal care facility
on property located in the P -C
District. The proposal also
includes a request to allow a
portion of the structure to exceed
the 32 foot basic height limit in
the 32/50 Height Limitation
District; a request to establish an
off - street parking requirement
based on a demonstrated formula; a
modification to the Zoning Code so
as to allow the use of tandem
parking spaces in conjunction with
a full -time valet parking service;
and the acceptance of an
Environmental Document.
Report from the Planning Department.
Volume 43 - Page 200
Traffic
Study
No. 54
J/P 3342
(88)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
O� y�l,
�t{� May 22, 1989
MINUTES
U/P 3342
Letter from Doctors and Nurses Medical
Management, Inc., dated May 1,
suggesting Council deny the subject use
permit..
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It was noted that at the request of the
applicant, this item was continued from
the City Council meeting of April 24,
1989, to allow the applicant additional
time to make further revisions to the
proposed project which would address
concerns relative to the "bulk and mass"
of the proposed building. The applicant
has removed almost all of the above
grade portion of Wing "B," thereby
creating a minimum 50 foot wide view
corridor through the middle of the
project. The square footage which
comprised the upper two levels of Wing
"B" has been relocated to the
northwesterly portion of the site
adjacent to Hazel Drive and is shown as
Wing "D" on the plans. The addition of
Wing "D" over the subterranean parking
area will allow the applicant to
maintain the 85 units which they have
previously indicated is the bottom line
that the project will support. Other
changes to the project include:
1. Four additional off - street
parking spaces within the
subterranean parking area,
bringing the total number of
parking spaces from 42 to 46.
An independent van storage
area was included in both
plans;
2. An increased setback of 20
feet (previously 15 feet) on
Wing "C" adjacent to the
southerly R -1 Lot fronting on
Hazel Drive;
3. A reduced setback of 23t feet
(previously 30 feet) on Wing
"A" adjacent to East Coast
Highway;
4. A reduced setback of 19 *_ feet
(previously 29t feet) on Wing
"A" adjacent to Buck Gully at
East Coast Highway; and
5. An overall reduction in height
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of 2 feet for the proposed
elevator tower and cupola
(from 41 feet to 39 feet).
Volume 43 - Page 201
U/P 3342
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CITY OF NEWPORT BEACH
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It was further noted that if it is the U/P 3342
desire of the City Council.to approve
this matter, staff recommends Conditions
of Approval No. 1 and 11 of Use Permit
No. 3342 be revised as follows:
1. That development shall be in
substantial conformance with
the approved plot plan, floor
plans, elevations, and
sections approved by the City
Council on May 22, 1989,
except as noted below.
11. That a minimum of 46
off - street parking spaces
shall be provided for the
proposed development.
John Christeson, Vice - President of
Emerald Associates, addressed the
Council and advised them of the
following: They have redesigned the
proposed building and are moving
one -half of the view units out of what
was previously Wing "C," placing them
closer to the Five Crown property; and
dividing the structure into two wings,
which will provide a wide opening
between the two buildings and create
ocean views for residents living above
the project, as well as views for
pedestrians or motorists traveling down
Pacific Coast Highway. They have also
increased their parking by an additional
10% (42 parking spaces vs. 46); large
area for van space; and moved the
loading dock to accommodate parking
spaces for two panel trucks. They also
felt they have the ability to add an
additional 11 parking spaces if deemed
necessary by the City Council.
The following persons addressed the
Council in opposition to the proposed
project:
James A. Crane, 323 Driftwood Road,
stated his primary concern was what
would happen to the property if the
elderly care facility were to go
defunct; and the traffic that would
be created on Shorecliff Road.
Volume 43 - Page 202
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May 22, 1989
Dick Nichols, 519 Iris Avenue,
indicated he felt the loading area
was inadequate; that refuse should
not be stored inside the building;
handicapped parking spaces should
be increased; and that the
developer should have proposed
single - family residential for the
property as an alternative, as he
felt the property was not the
appropriate location for an elderly
care facility.
Wally Ziglar, 327 Poppy Avenue,
indicated it was his understanding
the project was to be reduced by
257, as a result of action taken on
this item two weeks ago, and stated
that this issue has not been
addressed by the developer. He
referred to the proposed 70 -foot
gap in the middle of the building;
parking and density.
Haskell Shapiro, 287 Evening Canyon
Road, stated he felt the subject
location was inappropriate for the
proposed facility.
Len Seltzer, 519 Hazel Drive,
stated he felt that 95% of the
residents in the immediate area of
the proposed project are in
opposition due to its "massive"
size, and if approved, it will be
much larger than any other
structure in the vicinity and would
not "fit with the ambience of
Corona del Mar."
The following persons addressed the
Council in favor of the proposed
project:
Luvena Hayton, 235 Poppy Avenue,
stated that she is a close neighbor
to the proposed project; supports
the concept of senior housing; the
facility will greatly enhance the
area; this type of elderly care is
needed for senior.iesidents who do
not wish to move outside the City;
the project will result in less
traffic than any commercial
venture; and the facility will be a
tremendous asset to the community.
Volume 43 - Page 203
/P 3342
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Resident of 2524 Ocean Boulevard,
in response to comment by Mr.
Nichols, stated he was in the
restaurant business and that it was
very common to store and compact
trash within a building. He felt
the existing structure on the
subject property was an eyesore and
fire hazard, and that the community
will benefit from the proposed
project.
Donald J. Regan, 924 W. Ocean
Front, stated he was not speaking
for, or against this project; that
he is owner of and counsel to a
company who owns 22 elderly care
facilities throughout California
and was not aware of a facility
that would be "less" impactive on a
municipality or a neighborhood than
what is being proposed. He
added that in their facilities, the
average age is 82, which means
there are no late night parties;
very few residents with current
driver's licenses; parking is more
than sufficient; and deliveries are
always made at off -peak hours.
Mr. Christeson addressed the Council
again, and summarized some of what he
felt were the key benefits of the
project as follows:
1. It will be the lowest traffic
generator of any use zoned for
the site;
2. The facility will be operated
professionally by Trans-
america, Inc., who have been
in this type of business
for 20 years;
3. There are no other elderly
care facilities in the City to
serve the many long -time
residents;
4. They comply with the updated
General Plan and all the
requirements of the Zoning
Code, and will be providing
more parking than required by
Code;
Volume 43 - Page 204
U/P 3342
Motion
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CITY OF NEWPORT BEACH
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May 22, 1989
5. The building is resident al in U/P 3342
style and will be compatible
with the village type of
architecture in Corona del
Mar;
6. They have support from
approximately 100 residents in
the area; two past presidents
of the Friends of the Oasis,
and unanimous support from the
Planning Commission.
With regard to Fire Department access,
the Planning Director advised that he
had met with Fire Chief Reed and a
representative from the Building
Department, wherein it was noted that
there will be two levels of concrete and
steel construction under the frame
construction, and the project is
required to conform to all building and
fire codes in any case.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Turner commented that the
applicant has complied with the criteria
for this site set forth by the City
Council last October when the General
Plan was updated; the project complies
with all development standards required
by the City and will generate less
traffic than any other use for the
property; and therefore, moved to
sustain the decision of the Planning
Commission; including revisions to
Conditions of Approval No. 1 and No. 11,
as enumerated in the staff report dated
May 22, 1989; adding a new Condition of
Approval requiring the developer to be
responsible for the improvement of the
public right -of -way adjacent to the view
lookout at Glen Drive and Pacific Coast
Highway, subject to approval of the
Parks, Beaches and Recreation
Department; and further, that an
additional Condition of Approval be
added to require that a plan for.the
control and maintenance of vegetation on
the slope of Buck Gully shall be
submitted to and approved by the Fire
Department.
Council Member Sansone stated he could
not support the motion. He commented
that when the Council updated the
General Plan last October, he had
requested the staff provide a complete
Volume 43 - Page 205
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review of all perimeters incident to a
P -C district before development plans
were accepted for processing on this
site, which has not been done. It has
been stated that this property is in the
P -C Zone in the Land Use Element;
however, pursuant to the Zoning Code, a
minimum of 10 acres is needed for P -C
Zoning, which the subject development
does not have, and therefore, the Zoning
Code should be amended. He also noted
that many of the speakers and residents
who spoke in favor of the project do not
reside in old Corona del Mar, and
consequently will not be affected by the
impact this project will have on the
area. He stated the site was
inappropriate for the proposed use; the
project was not supported by any of the
homeowner associations in the area, nor
the Corona del Mar Chamber of Commerce;
the facility will be incompatible with
the immediate area and will have a
significant detrimental impact on the
community; the facility will be
understaffed to handle its residents;
tandem parking will not work in this
project; the employees will not use
public transportation as mentioned
previously; there is a lack of open
space for recreational use by the
patients; fire access is not adequate;
and that traffic will be impacted on
Pacific Coast Highway.
In view of the foregoing comments,
Council Member Sansone moved a
substitute motion to overrule the
decision of the Planning Commission and
deny Use Permit No. 3342 and Traffic
Study No. 54, stating the project under
the circumstances will be detrimental to
the health, safety, peace, morals,
comfort and general welfare of persons
residing and working in the
neighborhood, as well as detrimental or
injurious to the property and
improvements in the neighborhood.
Council Member Watt stated that when the
General Plan was adopted, she felt some
essential issues, not just in this
project but others, were left for
Council discretion over the use of
property and the intensity of that use,
as well as the compatibility with the
site itself and the neighborhood.
Volume 43 - Page 206
U/P 3342
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CITY OF NEWPORT BEACH
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She added that the Council could judge
the proposed project's use and intensity
raises questions of enough significance
that it should be reduced or denied;
questions about parking and safety
consequences, and a failure of the exact
use leads to more impacted use in the
future; the size, bulk and scale of the
structure and whether it is in keeping
with the character and stability of the
neighborhood. She felt the intensity
was particularly out of scale on the
Buck Gully side; that the developer
could be induced to bring a project
forth which would meet the basic .5 FAR
standards, and that a project half the
size as proposed would still be
financially viable; that nearby
residents have the most at stake as the
future unfolds; and therefore, she will
support the substitute motion made by
Council Member Sansone.
Mayor Pro Tem Plummer stated that if
single - family residential housing was
built on the site, as suggested by some
speakers, there could be twice as much
building and development, and because
the housing would be on Pacific Coast
Highway, a sound wall would have to be
constructed. She felt the applicant has
"bent over backwards" to meet the
concerns of residents in old Corona del
Mar, and inasmuch as the applicant has
met all Code regulations, the City could
be left open to a legal challenge if the
use permit is not approved, and
therefore, she will not support the
substitute motion.
Council Member Hart noted that employee
parking is to be on site, which should
alleviate the concerns of on- street
parking in the residential areas;
supports the subterranean parking
garage; has reviewed the revised plans
and feels that the redesigned project
provides a great deal of public benefit,
inasmuch as ocean views will be seen by
passing motorists, as well as pedestrian
traffic; all of which warrants her
support of the project.
Mayor Strauss commented that he felt the
project did not fit into the
neighborhood as he sees it, and
therefore, he will be supporting the
substitute motion.
Volume 43 - Page 207
U/P 3342
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The substitute motion was voted on and
FAILED.
In view of the foregoing, Council Member
Sansone requested that the following
Condition of Approval be added to
Council Member Turner's motion:
"That during the construction
period, all construction parking
shall be on -site, or on an approved
off -site location."
Council Member Hart requested that the
following Condition of Approval be added
to the ma n motion:
"That the applicant be responsible
for grading the top portion of Buck
Gully adjacent to the site,
including installation of sidewalk
and landscaping, subject to
approval of the Parks, Beaches and
Recreation Department."
Council Member Turner indicated he had
no objections to the foregoing two
amendments to his motion.
Council Member Sansone suggested the
motion be revised to require that the
applicant install a traffic signal at
Seaward and Pacific Coast Highway, to
which the City Attorney responded that
the applicant does not have the power to
install a signal at that location, and
the City can only impose conditions that
the property owner is capable of
fulfilling.
The Public Works Director stated it
appears from the Traffic Studies and the
amount of traffic generated as a result
of the project, that there would be very
minimal impact on the intersection of
Seaward and Pacific Coast Highway.
He added, however, that CalTrans has
permitted the installation of traffic
signals on State Highway intersections
in accordance with the meeting of
technical warrants for traffic signals.
Following consideration of the
foregoing, the City Attorney suggested
that a Condition of Approval be added
requiring the developer to pay his fair
share of a traffic signal at the subject
intersection should CalTrans technical
warrants for a signal are met.
Volume 43 - Page 208
U/P 3342
Ayes
Noes
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CITY OF NEWPORT BEACH
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May 22, 1989
Council Member Turner agreed to
x include Council Member Sansone's
recommendations in his motion, and the
motion, as amended, was voted on and
carried.
Council Member Hart was excused from the
meeting at this time.
2. Mayor Strauss opened the public hearing GPA 88 -2(C)
regarding GENERAL PLAN AMENDMENT (45)
88 -2(C), a request initiated by the City
of Newport Beach to revise the HOUSING
ELEMENT OF THE NEWPORT BEACH GENERAL
PLAN as required by State law.
Report from the Planning Department.
The City Manager pointed out that the
City's current approval of this Draft
Housing Element is only an approval in
concept, and not the the adoption of the
Element; that after this approval in
concept, the draft revised Housing
Element will be sent to the State
Department of Housing and Community
Development (HCD) for their required
review; and after the HCD's review, the
City Council will hold a final public
hearing at which they will consider
HCD's comments, any staff recommended
changes, and adopt the Housing Element.
He added that when the final action is
taken on the Housing Element, the
Council will also include acceptance of
the Environmental Document as
recommended by the Planning Commission.
Dave Dmohowski of The Irvine Company,
addressed the Council and stated that
they have met on several occasions with
City staff and participated in Planning
Commission hearings on this matter, and
are generally supportive of the Housing
Element as currently proposed. However,
while they recognize the need for the
City to maintain an adequate Housing
Element and update targets and
objectives, the strengthening of its
criteria is coming at a time when there
is actually a decrease in Federal and
other forms of governmental subsidies
that have been available in the past,
such as mortgage revenue bond financing
that help make affordable housing
economically feasible. He submitted a
letter for the record that summarized
his comments.
Hearing no others wishing to address the
Council, the public hearing was closed.
Volume 43 - Page 209
CITY OF NEWPORT BEACH
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Council Member Watt pointed out two
corrections on Page A -11, Table 9 and on
Page A -107, Item 2d, which was noted by
the staff.
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Council Member Watt also asked for
further information when this item comes
back for final approval regarding the
46% employment increase mentioned in the
report.
Motion
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Motion was made to adopt Resolution Nq.
Res 89 -32
All Ayes
89 -32, approving in concept, revisions
to the Housing Element of the Newport
Beach General Plan as required by State
law, and directing staff to forward
those revisions to the State Department
of Housing and Community Development for
its review.
3. Mayor Strauss opened the public hearing
0/C Solid
regarding FINAL DRAFT /1989 COUNTY SOLID
Waste Mgm
WASTE MANAGEMENT PLAN.
Plan /'89
(44)
Report from General Services Director
with subject draft and resolution.
The City Manager stated, in summary,
that the plan is comprehensive in scope;
provides long -term guidance in solid
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waste management planning; and
highlights very favorably the City's
efforts in the solid waste management
field.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made to adopt Resolution No.
Res 89 -33
All Ayes
89 -33, supporting approval of the final
draft of the 1989 County Solid Waste
Management Plan.
4. Mayor Strauss opened the public hearing
Ocean Frnt/
regarding IMPROVEMENT OF OCEAN FRONT
St Ends
STREET ENDS FOR ORANGE AND PROSPECT
Orange &
STREETS.
Prospect
(74)
Report from Public Works Department.
The Public Works Director referred to
the two alternative sketches being
considered, and stated that the West
Newport Beach Association and one of the
adjacent property owners have suggested
an alternate to the sketches that were
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submitted to the Council when this
matter was first considered on March 27,
1989. He stated that the Public Works
Department has no objection to that
Volume 43 - Page 210
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alternate sketch, and the primary
difference is that landscaping areas are
provided in the southerly portion of
the street ends; and therefore,
recommended that the alternate sketch be
included in lieu of the previous design,
subject to the condition that the
adjacent property owners agree to
provide and maintain the landscaping in
the planter areas. He also suggested
the Council designate Mayor Pro Tem
Plummer to work with staff on the final
design refinement.
Jerry Cobb, 6304 W. Ocean Front,
representing West Newport Beach
Association, addressed the Council in
support of the proposed improvements and
stated it was long overdue. He also
stated that the property owners residing
adjacent to the street ends bear the
strongest use from the out -of -town
visitors, and their association felt the
proposed plan was an excellent solution.
Dr. K. Batniji, 6800 W. Ocean Front,
addressed the Council in favor of the
proposal, stating he has been a resident
for 16 years and the proposed
improvements are needed in the area.
Christine Pattison, 6710 W. Ocean Front,
addressed the Council and stated that
she had objections to the original plan,
but that she had not seen the revised
design, wherein she was given a copy by
staff. She discussed the alternate plan
and indicated her concern was the noise
level as her bedroom window is
approximately five feet from a public
access way. She suggested that the
planters be somewhat larger with
shrubbery to allow some privacy and a
noise buffer. She also recommended that
the bicycle racks proposed at Orange
Street be moved to another location,
inasmuch as they accumulate trash, and
suggested the area near the new
restrooms.
The Public Works Director stated his
staff will work with the affected
property owners on the specific details
of the landscape design, but the
planters cannot be so high as to create
the appearance of private property. He
also pointed out that the only vehicular
access that would be permitted through
the street ends would be for lifeguard
Volume 43 - Page 211
Ocean Prot
St Ends
Motion
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Motion
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and emergency -type vehicles in the 12
foot access strip between the planters,
but otherwise, the area would be posted
for "No Parking."
MINUTES
Hearing no others wishing to address the
Council, the public hearing was closed.
Motion was made to approve the alternate
plan submitted for improvement of Ocean
Front street ends at Orange and Prospect
Streets, as recommended; designate Mayor
Pro Tem Plummer to work with staff on
the final design refinement; and direct
staff to continue with the procedure to
improve the street ends.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Schedule
for public hearing on June 12, 1989:
Ocean Frnt
St Ends
(a) Proposed ORDINANCE NO. 89 -14,
Ord 89 -14
being,
Zoning
(94)
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 20.75
REGULATING SATELLITE DISH
ANTENNAS TO THE NEWPORT BEACH
MUNICIPAL CODE [PLANNING
COMMISSION AMENDMENT NO. 6281.
PCA 628
(Report from Planning
Department)
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 89 -35 establishing "NO Prkg
PARKING" RESTRICTIONS FROM 8:30 A.M. TO Rstrctns
12:30 P.M. ON DESIGNATED STREETS ON Res 89 -35
CERTAIN DAYS TO IMPROVE STREET SWEEPING (63)
EFFECTIVENESS AND RESCINDING RESOLUTION
NOs. 86 -85, 84 -98, 84 -97, 84 -34, 82 -130,
10048, 8638, 8637, 7509 AND 88 -122.
(Report from Traffic Affairs Committee)
(c) Resolution No. 89 -36 establishing Off -St
OFF- STREET PARKING METER ZONES AND Prkg /Mtr
REGULATIONS FOR THE OPERATION OF PARKING Zones /Regs
METERS AND RESCINDING RESOLUTION NO. Res 89 -36
88 -16. (Report from Offstreet parking (63)
Committee)
Volume 43 - Page 212
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(d) Resolution No. 89 -37 reestablishing a I kg
PARKING PERMIT SYSTEM FOR USE IN CERTAIN s/
CITY PARKING LOTS AND OFF- STREET PARKING a
METER ZONES AND RESCINDING RESOLUTION 3)
NO. 88 -116. (Refer to report w /agenda
item F -2(c))
(e) Resolution No. 89 -38 ADOPTING A MAP
SHOWING THE PROPOSED AMENDED BOUNDARIES
OF A SPECIAL ASSESSMENT DISTRICT (NO.
57). (Report from Public Works
Department and letter from Brown and
Diven)
(f) Resolution No. 89 -39 DECLARING THE CITY
OF NEWPORT BEACH'S INTENTION TO ORDER
CHANGES AND MODIFICATIONS IN CERTAIN
ASSESSMENT DISTRICT PROCEEDINGS (NO. 57)
AND SETTING PUBLIC NEARING ON JUNE 26,.
1989. (Refer to agenda item F -2(e))
(g) Removed from the Consent Calendar.
3. CONTRACTS /AGREEMENTS:
(a) Authorize the Mayor and City Clerk
to execute a QUITCLAIM DEED
transferring trail easements for
UPPER NEWPORT BAY BICYCLE AND
EQUESTRIAN TRAIL (C -2435) project
to the County of Orange. (Report
from Public Works Department)
(b) Approve Budget Amendment No. 067 to
appropriate $129,801 received from
the Newport Dunes for (CONTRACT NO.
2733) WATER MAIN IMPROVEMENTS IN
BACK BAY AND BAYSIDE DRIVES; and
approve ENTRY AGREEMENT with the
Newporter Resort permitting the
City's contractor to enter onto the
Newporter Resort property to
construct an 8" public water main;
and authorize the Mayor and City
Clerk to execute subject agreement.
(Report from Public Works
Department)
(c) Award CONTRACT NO. 2730 for
MISCELLANEOUS CONCRETE REPAIR IN
CAMEO SHORES; ORANGE AND PROSPECT
STREETS /STREET END CONSTRUCTION;
BROAD STREET BETWEEN WESTMINSTER
AND BOLSA AVENUES to Nobest, Inc.,
for total bid price of $101,969;
and authorize the Mayor and City
Clerk to .execute subject contract.
(Report from Public Works
Department)
Volume 43 - Page 213
Prmt
89 -37
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4.
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(d) Approve MEMORANDUM OF UNDERSTANDING
WITH THE CITIES OF NEWPORT BEACH,
COSTA MESA, AND IRVINE regarding
IMPACTS ONE CITY`S DEVELOPMENT MAY
HAVE UPON OTHER CITIES. (Report
w /Memorandum of Understanding from
City Manager)
(e) Approve a three part JOINT POWERS
AGREEMENT WITH LAGUNA BEACH COUNTY
WATER DISTRICT /IRVINE RANCH WATER
DISTRICT /SOUTH COAST WATER
DISTRICT /CITY OF NEWPORT BEACH FOR
REPLACEMENT OF PORTION OF WATER
TRANSMISSION LINE KNOWN AS COAST
SUPPLY LINE. (Report from
Utilities Director)
COMMUNICATIONS - For referral as
indicated:
MINUTES
(a) To Public Works Department for
response, letter from Kamine,
Steiner & Ungerer representing John
T. Malloy, Inc., and regarding
WATER MAIN IMPROVEMENTS IN BACK BAY
DRIVE AND BAYSIDE DRIVE (CONTRACT
NO. 2733).
(b) To Planning Department for
response, letter from Corona del
Mar Residents Association regarding
SIDE YARD ENCROACHMENTS, OLD CORONA
DEL MAR.
(c) To Executive Assistant for reply,
letter from S. W. Grasso
complaining about the noise and
pollution from the use of LAWN
BLOWERS.
(d) To Public Works Department for
response, petitions signed by
patrons of Cappy's Cafe, endorsing
continuation of left turn into the
business on Pacific Coast Highway;
additional petitions received after
the agenda was printed, and copy of
letter from Gil Ferguson,
Assemblyman, 70th District, to
CalTrans.
NB Dvlpm
mpcts /MOU
-2752
38)
.aguna Bch/
Irvine /CNB
atr Dsts/
;oast Sup-
31y Line
Jt. Pwrs
1gm
2753
(38)
Wtr Mn Imp
Bck Bay/
Bayside Dr
C -2733
(38)
Planning
(68)
3S /Health
i Sanitn
(44)
PW /Cappy's
Lft Trn Ln
(85)
(e) To Public Works for reply, letter PW /PCH
from Corona del Mar Chamber of Marguerite
Commerce requesting restriping work Restrpg W
on the MERGE LANES AT PACIFIC COAST (74)
HIGHWAY AND MARGUERITE AVENUE as
soon as possible.
Volume 43 - Page 214
•
CITY OF NEWPORT BEACH
A iAS May 22, 1989
(f) To Traffic Affairs Committee for
response, letter from Janet and
David Gray regarding TRAFFIC
CONTROL ON BALBOA PENINSULA,
SATURDAY EVENING, MAY 6, 1989.
(g) To Executive Assistant for
response, letter from John L.
Fellows, III, regarding COMCAST
CATV complaint.
MINUTES
TAC /Trfc
Cntrl Bal
Pnsla
(85)
COMCAST/
CATV
(42)
(h) To Aviation Committee for O/C-John
consideration, letter from the Wayne Arprt
Orange County 5th District, (24)
Supervisor Riley concerning JOHN
WAYNE AIRPORT in reply to the
City's letter dated April 11, 1989.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
(a) Copy of letter to General Manager
of Newport Dunes Aquatic Park from
De Anza Bayside Village General
Manager regarding soil piled up
against their block wall, bordering
the subject properties.
(b) Copy of letters from Karen Sanford
regarding the "Homeless, and
Freeway Patrol."
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Terry Lee Carson alleging property
damage to his 1988 Honda Prelude
while in possession of Newport
Beach Police Officer on March 15,
1989.
(b) Erick R. Christensen for property
damage to his vehicle, alleging
steel plate covering work area at
the Jack In the Box at Pacific
Coast Highway was raised and
punctured both right tires and
damaged the wheel rims on April 23,
1989.
(36)
Carson
Christen-
sen
(c) Kurt Swanberg alleging City trash Swanberg
truck picked up can of industrial
stripper in the hopper, and it
sprayed his truck and the alley
near 211h 29th Street during April,
1989.
Volume 43 - Page 215
LL
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CITY OF NEWPORT BEACH
MINUTES
May 22, 1989
For rejection:
(d) Removed from the Consent Calendar -
Application for permission to
present late claim for indemnity
from Larry Earl Edmondson's cause
of action.
7. SUMMONS AND COMPLAINTS - For denial and I(36)
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Sharon L. Schroeder, Orange County Schroeder
Superior Court, Case No. 589058,
regarding injuries as a result of
accident on August 6, 1988 at
intersection of Emerald Street and
S. Bayfront.
8. REQUEST TO APPROVE /FILL PERSONNEL I(66)
VACANCIES: (Report from the City
Manager)
(a) Four Police Officers, Patrol
Division.
(b) One Refuse Worker I, Refuse
Division.
(c) One Refuse Worker II, Refuse
Division.
(d) One Public Works Specialist,
Engineering Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Removed from the Consent Calendar.
(b) Report from Offstreet'Parking
Committee regarding AVON STREET
PARKING.
(c) Report from Public Works /Traffic
Engineering Department regarding
TRAFFIC CONTROLS ON BALBOA
BOULEVARD.
Avon St
Prgg
(63)
Bal B1
Trfc Cntrl
(85)
(d) Report from the City Attorney NB /Conf &
recommending APPROVAL OF Vstrs Bu
MODIFICATIONS BETWEEN THE CITY OF C -2638
NEWPORT BEACH AND THE NEWPORT BEACH (38)
CONFERENCE AND VISITORS BUREAU
(CONTRACT NO. 2638).
Volume 43 - Page 216
E
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CITY OF NEWPORT BEACH
MINUTES
C .k
� �G9�j�ot 9�A
0 �tP May 22, 1989
(e) Authorize the Mayor to sign letter Legisla
to be sent to Senator Bergeson in SB 1334
SUPPORT OF SB 1334 which would give (48)
the Board of Supervisors the final
authority to locate jails within
the County's jurisdiction.
(f) Removed from the Consent Calendar.
For Council information and filing:
(g) Report to the City Manager Planning
regarding ACTIONS TAKEN BY THE (68)
PLANNING COMMISSION ON MAY 4, 1989,
and AGENDA FOR MAY 18, 1989. (
10. PUBLIC HEARING SCHEDULING - June 12,
1989:
(a) Removed from the Consent Calendar -
GENERAL PLAN AMENDMENT 89 -1(F).
(b) 1989 -90 ANNUAL BUDGET & PROPOSED
'89 -90
EXPENDITURES FROM THE FEDERAL
Bdgt /Rvnu
REVENUE SHARING FUNDS - Pursuant to
Shrg
Section 1102 of the Newport Beach
City Charter.
11. AVON STREET IMPROVEMENTS /RIVERSIDE
Avon St
AVENUE TO 300 FEET WESTERLY /RIVERSIDE
Imprm /Rvrsd
AVENUE STORM DRAIN, LINE C /CLIFF DRIVE
Strm Dr/
PARK STORM DRAIN, PHASE II - CONTRACT
Clf Dr Prk
NO. 2715 - Approve the plans and
Strm Dr
specifications; authorize the Negative
PH II
Declaration; and authorize the City to
C -2715
advertise for bids to be opened at 11:00
(38)
a.m, on June 15, 1989. (Report from
Public Works Department)
12. IMUA OUTRIGGER CANOE CLUB /SEASONAL PB &R /IMUA
OUTDOOR STORAGE - Approve the request Outrgr Cnu
for storage at North Star Beach Clb Strg
presented by the IMUA Outrigger Canoe (62)
Club, subject to the conditions listed
in the staff report from Parks, Beaches
and Recreation Director.
13. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Cncl Trvl
RECORD - Approve Mayor Pro Tem Ruthelyn Auth /Expns
Plummer's expense record in the amount Rcrd
of $154.48 to present Newport Beach
trophy in Ensenada, Mexico, April 28 -
May 1, 1989.
Volume 43 - Page 217
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CITY OF NEWPORT BEACH
MINUTES
4
y9� G� 9�A
,p May 22, 1989
14. LEGAL PUBLICATIONS FOR 1989 -90 -
Publication of Notice Inviting Bids to
be received at or before the hour of
4:00 p.m., on Thursday, June 15, 1989,
for a contract covering the publishing
and printing of all legal notices, or
other material required to be published
in a newspaper of general circulation
published and circulated in the City of
Newport Beach, for fiscal year ending
June 30, 1990.
15. BUDGET AMENDMENTS - For approval:
BA -067 - $129,801 (Refer to agenda item
F -3(b))
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from Planning Department
concerning scheduling public hearing for
June 12, 1989, on GENERAL PLAN AMENDMENT
89 -1(F) - Request to amend the Land Use
Element of the Newport Beach General
Plan to increase the General Plan
Intensity Limit for Koll Center Newport
industrial Sites 1 and 2 by 39,000
square feet in order to allow the
construction of a 65,000 square foot
office building, and the acceptance of
an Environmental Document. Property
located at 4311 Jamboree Road, on the
westerly side of Jamboree Road between
MacArthur Boulevard and Birch Street;
zoned P -C; and
AMENDMENT NO. 677 - Request to amend the
Roll Center Newport Planned Community
District Regulations so as to combine
Industrial Sites 1 and 2 into Light
Industrial Site 1, increase the
development entitlement in Light
Industrial Site 1 by 39,000 square feet
and increase the allowed building height
to 55 feet, so as to allow the
construction of a 65,000 square foot
office building; and
TRAFFIC STUDY NO. 56 - Request to
approve a traffic study to allow the
construction of a 65,000 square foot
office building on Koll Center Newport
Industrial Site 1; and
RESUBDIVISION NO. 892 - Request to
resubdivide two existing lots into a
single parcel of land.
Council Member Sansone stated that he
will abstain from voting on this item
due to possible conflict of interest.
Volume 43 - Page 218
'89 -90
Legal Adv
(25)
GPA 89 -1(F)
(45)
PCA 677
Tfc Stdy
#56
Resub 892
L
CITY OF NEWPORT BEACH
ire- May 22, 1989
Motion x
Ayes x x x x x
Abstain x
Motion
C
All Ayes
x
Motion was made to schedule public
hearing on June 12, as recommended.
2. Report from Executive Assistant to the
City Manager with proposed resolution
concerning.Newport Beach Emergency
Operations Plan.
The City Clerk advised that after the
agenda was printed, a letter was
received from Beth Cooper regarding the
City's Emergency Operations Plan.
Motion was made to approve Resolution
No. 89 -34 adopting the CITY OF NEWPORT
BEACH EMERGENCY OPERATIONS PLAN, dated
May, 1989 and rescinding Resolution No.
10063; but also to direct staff to look
Into the feasibility of developing a
public outreach educational program and
report back at a future study session.
Mayor Pro Tem Plummer suggested to the
staff that the Environmental Quality
Citizens Advisory Committee may wish to
get involved in this issue, as well as
Neighborhood Watch Groups.
Jeffrey Stern, 2020 Marlin Way, member
of the Environmental Quality Citizens
Advisory Committee, addressed the
Council and complimented the staff on
the Emergency Operations Plan. He
stated, however, he does have a concern
about the ability of the citizens being
able to take care of themselves for the
72 hours, and suggested an ad -hoc
committee be established to study
emergency preparedness from the
standpoint of citizens working as part
of the staff plan and put the "burden
where it belongs - -on the residents."
The motion was voted on and carried.
MINUTES
NB Emergcy
Oper Pln
(28)
3. Proposed resolution concerning the 0/C Tfc
Orange County Traffic Improvement and Imp Grwth
Growth Management Plan, staff report Mgm Pln
from Public Works Department, (after the (54)
agenda was printed) and letter from
Orange County Transportation Commission.
Reference was made to a letter received
after the agenda was printed, from
Orange County Transportation Commission
dated May 22, 1989, recommending the
following language replace Page 10,
column 3, second paragraph:
Volume 43 - Page 219
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CITY OF NEWPORT BEACH
MINUTES
tPA y O0 ,fr
May 22, 1989
"A special carefully- crafted
Citizens Oversight Committee shall
be convened to act as a watchdog on
all transportation expenditures.
No major changes in the expenditure
plan can be made unless they are
first approved by the Orange County
Transportation Authority, and then
ratified by a two - thirds vote of
the independent Citizens Oversight
Committee."
The City Manager advised that the
Citizens Oversight Committee will
replace the Orange County Grand Jury as
the watchdog on all transportation -
related expenditures.
Thomas C. Rogers, Chairman, Citizens
Against Unfair Taxation, addressed the
Council and distributed copies of a
proposal relating to two elements of the
20 -year Transportation Plan. He stated
that pages I and 2 contain specific
language for the formation and operation
of a Citizens Oversight Committee, and
page 3 consists of conditions which
should be included in all Growth
Management Plans. The principles set
forth in the-accompanying documents have
been discussed at length with
individuals representing many segments
of the community, and he felt there is
strong support for their inclusion in
the 20 -year plan.
Council Member Watt expressed her
concern as to how the Growth Management
Plan will be implemented and stated that
before this issue is placed on the
ballot in November, she felt the Council
should have some further information.
Mayor Strauss commented that he had some
reservations about the plan, but will
support it being placed on the ballot;
however, he would like to see some type
of companion document which would commit
the County to set aside some portion of
funds for beautification, open space,
etc.
Council Member Cox stated that Mayor
Strauss's concerns have been expressed
by others as well, and while it is not
reflected in the subject transportation
plan, the parties involved have agreed
to move forward on a parks plan that
would be separate from the
transportation plan, but it too, will
need County -wide support.
Volume 43 - Page 220
0/C Tfc Imp
Grwth Mgm
Pln
CITY OF NEWPORT BEACH
C .�
May 22, 1989
Motion x
Ayes x x x x
Abstain x
Motion
All Ayes
r:
MINUTES
Council Member Cox also stated that,
inasmuch as he had been involved in this
issue in a number of ways, he may have a
conflict of interest; and therefore,
will abstain from voting on the proposed
resolution.
Motion was made to adopt Resolution No.
x 89 -40 approving the ORANGE COUNTY
TRAFFIC IMPROVEMENT AND GROWTH
MANAGEMENT PLAN, including the revised
language as enumerated in the foregoing,
for the purpose of placing this issue on
the ballot.
4. Report from Traffic Affairs Committee Tfc /Speed
regarding DESIGN STANDARDS AND PLANS FOR Humps
SPECIFIC LOCATIONS OF SPEED HUMPS. 1(85)
Council Member Watt stated she had
pulled this item off the Consent
Calendar because she had received two
letters from residents on Balboa Island,
who wish to have speed humps placed in
the alleys adjacent to the Grand Canal,
and she will forward the subject letters
to staff.
The City Manager commented that the
pilot program of speed hump
installations will provide the City with
additional information on the desirable
shape and location of speed humps.
Should the Council determine that they
are a useful tool for controlling speeds
on local streets, a detailed set of
criteria for screening candidate
locations will be developed for Council
approval and added to these design
standards. At the end of the trial
period, those locations deemed
appropriate and necessary for speed
humps can be considered.
Council Member Sansone advised that he
has also received a request for speed
humps in China Cove.
x Motion was made to approve design
standards for speed humps to be
installed on local streets, alleys and
City -owned property, as set forth in the
subject document, and to approve the
plans for specific locations on speed
humps and authorize installation by the
City.
Volume 43 - Page 221
Motion
All Ayes
Motion
All Ayes
Motion
All Ayes
Motion
Ayes
x
x
x
CITY OF NEWPORT BEACH
��yc+oy
6 9 9A * N eP_x
�� P May 22, 1989
x
MINUTES
5. Memorandum from City Attorney Zoning
recommending that the proposed ordinance (94)
adding Chapter 20.07 to the Newport
Beach Municipal Code PERTAINING TO FLOOR
AREA RATIOS AND BUILDING BULK be
continued to June 12, 1989.
The City Manager requested this item be
continued to June 26, in order to allow
the Council to informally discuss the
matter at their June 12, 1989 study
session, and there being no objections,
motion was made to continue the subject
item to June 26, as requested.
6. Motion was made to deny and confirm the
City Clerk's referral to claims
adjuster concerning Application for
permission to present late claim for
indemnity from TYMCO, INC., regarding
Larry Earl Edmondson's cause of action
on or about August 31, 1988, as
recommended by the City Attorney.
H. ORDINANCES FOR ADOPTION:
Claim/
Tymco, Inc.
& Edmond-
son
(36)
1. Proposed ORDINANCE NO. 89 -10, being, Ord 89 -10
PB &R /Use
AN ORDINANCE OF THE CITY COUNCIL OF of Beach
THE CITY OF NEWPORT BEACH AMENDING (62)
SECTION 11.08.030 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
USE OF THE BEACH AT NIGHT,
was presented for second reading with
recycled report from Parks, Beaches &
Recreation Director, dated February 23,
1989.
Motion was made to adopt Ordinance No.
89 -10.
2. Proposed ORDINANCE NO. 89 -11, being, Ord 89 -11
Utilities/
AN ORDINANCE OF THE CITY COUNCIL OF Basic Wtr
THE CITY OF NEWPORT BEACH AMENDING Rate Chrg
THE NEWPORT BEACH MUNICIPAL CODE (89)
SECTION 14.12.090 PERTAINING TO THE
BASIC WATER QUANTITY CHARGES,
was presented for second reading with
recycled report dated May 8, 1989 from
Utilities Director.
Motion was made to adopt Ordinance No.
89 -11.
Volume 43 - Page 222
I
Motion
All Ayes
Motion
AWyes
•
x
CITY OF NEWPORT BEACH
EMBERS MINUTES
a„ 7 co �
'D Gail+ May 22, 1989 INDEX
3. Proposed ORDINANCE NO. 89 -12, being, Ord 89 -12
Utilities/
AN ORDINANCE OF THE CITY COUNCIL OF Swr Use
THE CITY OF NEWPORT BEACH AMENDING Chrg
SECTION 14.24.065 OF THE NEWPORT (89)
BEACH MUNICIPAL CODE PERTAINING TO
SEWER USE CHARGE,
was presented for second reading with
recycled report dated May 8, 1989 from
Utilities Director.
Motion was made to adopt Ordinance No.
89 -12.
4. Proposed ORDINANCE NO. 89 -13, being, Ord 89 -13
Taxi -Cab
AN ORDINANCE OF THE CITY COUNCIL OF Permits
THE CITY OF NEWPORT BEACH AMENDING (86)
SECTION 5.12.080 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
GROUNDS FOR REVOCATION OF TAXI CAB
CERTIFICATES OR PERMITS,
was presented for second reading with
recycled report dated May 8, 1989 from
Business License Supervisor.
x
Motion was made to adopt Ordinance No.
89 -13.
I. CONTINUED BUSINESS:
1. Proposed ORDINANCE NO. 89 -9, being, Ord 89 -9
Oper /Laun-
AN ORDINANCE OF THE CITY COUNCIL OF ching
THE CITY OF NEWPORT BEACH ADDING Vesls Aing
CHAPTER 11.17 TO THE NEWPORT BEACH Pac Ocean
MUNICIPAL CODE PROHIBITING THE (51)
OPERATION AND LAUNCHING OF VESSELS
ALONG THE PACIFIC OCEAN,
was presented for reintroduction and
first reading with report from City
Attorney.
The City Clerk advised that after the
agenda was printed, letters were
received from Gene Kraus and Sam Stone
regarding the proposed ordinance.
It was noted that on April 24, 1989,
following public testimony, the City
Council directed staff to modify the
proposed ordinance prohibiting vessel
launching from the beach and imposing
restrictions on vessel operation in the
surf zone. The ordinance has now been
revised and the key provisions contained
therein are enumerated in the staff
report.
Volume 43 - Page 223
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
May 22, 1989
MINUTES
Volume 43 - Page 224
Oper /Laun-
ching Vsls
Aing Pac
Ocean
It was also pointed out that there is an
exception provision in the ordinance,
which would allow jet ski activity if
authorized pursuant to a special events
permit issued in accordance with the
®
provisions of Chapter 5.10 of the
Municipal Code and approved by the City
Council.
Gene Kraus, 6502 W. Ocean Front,
addressed the Council and submitted a
petition requesting a designated area
along Ocean Front for the launching and
landing only of personal watercraft (jet
ski), adding that they are not
requesting permission for use of the
surf line. He stated he was in support
of the original ordinance presented to
the Council on April 24, and opposed to
the revised ordinance now under
consideration. He felt there is a
definite need for a designated jet ski
area, and if the issue is not dealt with
at this time it will only come up again.
Andy Kirker, 222 N. Newport Boulevard,
addressed the Council in opposition to
the proposed ordinance, and stated he
felt the ordinance unfairly
discriminates against watercraft users
®
such as jet skis; that by eliminating
any beach front areas for launching, the
only launching area left is Newport
Dunes and by having to launch at Newport
Dunes, it takes approximately 40 minutes
to reach the ocean and jet skis only
holds approximately three gallons of
gasoline; therefore it is almost time to
turn around and head back to Newport
Dunes, or run out of gas. He stated
that jet ski operators do not want to
ride in the surf; they only want access
through the surf. He requested Council
action on the subject ordinance be
deferred until a designated area has
been established for the launching and
landing of jet skis.
Kevin Hutchinson, 114 33rd Street,
addressed the Council and submitted a
petition stating that jet skis should
have the same launching rights and water
use as commercial fishermen, surfers,
and windsurfers.
•
The following persons also addressed the
Council in opposition to the ordinance,
and in support of establishing a
designated area for the landing and
launching of jet skis:
Volume 43 - Page 224
Oper /Laun-
ching Vsls
Aing Pac
Ocean
:7
Motion
All Ayes
Motion
All Ayes
X
CITY OF NEWPORT BEACH
MINUTES
t{►Ay0O,f
\G9�� 9�
May 22, 1989
x
Larry Mason, 222 Newport Boulevard
Ed Niemela, 200 Court
Roger Hagey, resident of Irvine
Catherine Martin, 1824 W. Ocean
Front
Council Member Cox indicated that if it
were possible, he would support an
access area for jet skis.
Dr. Skinner, 1724 Highland Avenue,
addressed the Council in support of the
proposed ordinance. He related two
personal incidents he had with jet skis
while surfing, and stated that jet skis
have discouraged him from entering the
water because of safety reasons.
Nancy Skinner, 1724 Highland Avenue,
addressed the Council in favor of the
proposed ordinance. She stated she
supported the prohibition of vessel
operation 1,000 feet oceanward from the
shoreline from a safety standpoint, due
to the fumes and noise generated from
jet skis.
Following discussion, motion was made to
reintroduce Ordinance No. 89 -9, as
revised, and adding the following
language to Items A and B of Section
11.17.020:
"Except in those areas so
designated by Resolution adopted by
the City Council."
The City Attorney and Marine Director
were also directed to meet with
individuals who spoke on this issue at
this meeting, as well as the last
Council meeting, to work out a favorable
access corridor for jet skis.
J. CURRENT BUSINESS:
1. HARBOR QUALITY CITIZENS ADVISORY
COMMITTEE VACANCY.
Motion was made to confirm (District 4)
Council Member Turner's appointment of
Doug Fords to fill unexpired term of
Janie Arnold, ending December 31, 1989.
Volume 43 - Page 225
Oper /Laun-
ching Vsls
Aing Pac
Ocean
Harbor
Quality/
CAC
Motion
All Ayes
0
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•
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to
\G!
�,� as
CITY OF NEWPORT BEACH
MINUTES
May 22, 1989
2. AVIATION COMMITTEE (ALTERNATE) VACANCY.
Motion was made to appoint Dan Stringer
as an alternate to Randolph J. Kroenert,
Homeowners Association Representative.
Meeting adjourned at 10:40 p.m.
The agenda for this meeting was
posted on May 18, 1989, at 10:30
a.m., on the City Hall Bulletin
Board located outside of the City
of Newport Beach Administration
Building.
i
Volume 43 - Page 226
Cmte