HomeMy WebLinkAbout03/26/1990 - Regular MeetingCITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
Chambr
PLACE: Council Chambers
\ TINE: 7:00 P.M.
DATE: March 26, 1990
Present I x I x I x I X I X I X I X
Motion
All Ayes
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All Ayes
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Motion
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IA. ROLL CALL.
MINUTES
B. Reading of Minutes of Meeting of March 12,
1990, was waived, approved as written, and
ordered filed.
C. Reading in full of all ordinances and
.resolutions under consideration was waived,
and City Clerk was directed to read by
titles only.
ID. HEARINGS:
1. Mayor Plummer opened the public hearing on CA Sunshine_
request of CALIFORNIA SUNSHINE CAB COMPANY, Cab Co.
1234 S. Dale, Anaheim, to operate three (3) (86)
additional vehicles, pursuant to Newport
Beach Municipal Code Section 5.12.090.
Report from Business License Supervisor.
The City Manager noted that the subject
three vehicles were inspected by the Police
Department on February 28, and were found
to meet applicable Vehicle Code and
Municipal Code requirements.
Motion was made to approve the request of.
California Sunshine Cab Company, increasing
the total number of vehicles said company
is authorized to operate to five.
1E. PUBLIC COMMENTS:
None.
IF. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed.
11. ORDINANCES FOR INTRODUCTION:
Pass to second reading on April 9, 1990 -
(a) Proposed ORDINANCE NO. 90 -8, being, JOrd 90 -8
AN ORDINANCE OF THE CITY COUNCIL OF dm Code
THE CITY OF NEWPORT BEACH ADDING 1988 Edtn
CHAPTER 15.02 TO THE NEWPORT BEACH (26)
MUNICIPAL CODE TO ADOPT THE UNIFORM
ADMINISTRATIVE CODE, 1988 EDITION.
(Report from Building Director for
agenda items F -1(a - g) as follows)
Volume 44 - Page 91
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
March 26, 1990
(b) Proposed ORDINANCE NO. 90 -9, being, 'Ord 90 -9
AN ORDINANCE OF THE CITY Housing
COUNCIL OF THE CITY OF NEWPORT Code
BEACH ADDING CHAPTER 15.03 TO 1988 Edtn
THE NEWPORT BEACH MUNICIPAL (26)
CODE TO ADOPT THE UNIFORM
HOUSING CODE, 1988 EDITION.
(c) Proposed ORDINANCE NO. 90 -10, being, Ord 90 -10
Uniform
AN ORDINANCE OF THE CITY Bldg Code
COUNCIL OF THE CITY OF NEWPORT 1988 Edtn
BEACH AMENDING CHAPTER 15.04 OF (26)
THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE UNIFORM
BUILDING CODE, 1988 EDITION.
(d) Proposed ORDINANCE NO. 90 -11, being, 'Ord 90 -11
AN ORDINANCE OF THE CITY IMechanica
COUNCIL OF THE CITY OF NEWPORT Code
BEACH ADDING CHAPTER 15.05 TO 1988 Edtn
THE NEWPORT BEACH MUNICIPAL (26)
CODE TO ADOPT THE UNIFORM
MECHANICAL CODE, 1988 EDITION.
(e) Proposed ORDINANCE NO. 90 -12, being, Ord 90 -12
National
AN ORDINANCE OF THE CITY Electrical
COUNCIL OF THE CITY OF NEWPORT Code
BEACH ADDING CHAPTER 15.06 TO 1987 Edtn
THE NEWPORT BEACH MUNICIPAL (26)
CODE TO ADOPT THE NATIONAL
ELECTRICAL CODE, 1987
EDITION.
(f) Proposed ORDINANCE NO. 90 -13, being, Ord 90 -13
AN ORDINANCE OF THE CITY Plumbing
COUNCIL OF THE CITY OF NEWPORT Code
BEACH ADDING CHAPTER 15.08 TO 1988 Edtn
THE NEWPORT BEACH MUNICIPAL (26)
CODE TO ADOPT THE UNIFORM
PLUMBING CODE, 1988 EDITION.
(g) Proposed ORDINANCE NO. 90 -14, being, Ord 90 -14
Uniform
AN ORDINANCE OF THE CITY Swimming
COUNCIL OF THE CITY OF NEWPORT Pool Code
BEACH ADDING CHAPTER 15.09 TO 1988 Edtn
THE NEWPORT BEACH MUNICIPAL (26)
CODE TO ADOPT THE UNIFORM
SWIMMING POOL CODE, 1988
EDITION.
Volume 44 - Page 92
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CITY OF NEWPORT BEACH
MINUTES
March 26, 1990
(h) Proposed ORDINANCE NO. 90 -15, being, jOrd 90 -15
AN ORDINANCE OF THE CITY Fire Code
COUNCIL OF THE CITY OF NEWPORT 1988 Edtn
BEACH AMENDING CHAPTER 9.04 OF (41)
THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE UNIFORM FIRE
CODE, 1988 EDITION. (Report
from the Fire Chief)
Schedule for public hearing on April 9,
1990 -
(i) Removed from the Consent Calendar.
Schedule for public hearing on April 23,
1990 -
(j) Proposed ORDINANCE NO. 90 -17, being, 10rd 90 -17
AN ORDINANCE OF THE CITY (94)
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING A PORTION OF
DISTRICTING MAP NO. 9 $O AS TO
RECLASSIFY THE PROPERTY LOCATED
AT 1900 WEST BALBOA BOULEVARD,
ON THE NORTHEASTERLY CORNER OF
19TH STREET AND WEST BALBOA
BOULEVARD, FROM THE SP -6
DISTRICT TO THE SP -6 (MFR) SPR
DISTRICT AND TO ESTABLISH ON
THE DISTRICTING MAP, 5 FOOT
FRONT YARD SETBACKS ON BOTH THE
19TH STREET AND WEST BALBOA
BOULEVARD FRONTAGES [PLANNING
COMMISSION AMENDMENT 140. 688]. PCA 688
(Refer to agenda item F- 10(a))
2. RESOLUTIONS FOR ADOPTION:
(a) Resolution No. 90 -26 authorizing the PW /Pedes-
submittal of an application to the triau &
Orange County Transportation Bikewy Fac
Commission (OCTC) and the Southern Res 90 -26
California Association of Governments (74)
(SLAG) for the 1990 -91 SB -821 FUNDING
PROGRAM for the CONSTRUCTION OF
PEDESTRIAN AND BIKEWAY FACILITIES IN
NEWPORT BEACH; and also authorizing
the City Manager or his designee to
make the application and act as a
City contact person. (Report from
the Public Works Department)
(b) Resolution No. 90 -27 proclaiming
APRIL 22, 1990 AS EARTH DAY 1990.
Volume 44 - Page 93
90 -27
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CITY OF NEWPORT BEACH
MINUTES
March 26, 1990
(c) Resolution No. 90 -28 supporting 0/C LEA/
designation of the County Health Care Solid Wst
Agency as the ORANGE COUNTY LOCAL Cntrl Act
ENFORCEMENT AGENCY (LEA) as required Res 90 -28
by the Z'Berg- Kapiloff SOLID WASTE (44)
CONTROL ACT OF 1976. (Report from
General Services Director)
(d) Resolution No. 90 -29 supporting the Waste Mgm/
designation of WASTE MANAGEMENT Countywide
COMMISSION AS THE COUNTYWIDE TASK Tsk Frc
FORCE AS SPECIFIED IN AB 939. Res 90 -29
(Report from General Services (44)
Director)
(e) Resolution No. 90 -30 designating Parking
HOURS OF OPERATION FOR PARKING METERS Meters /Hr
to be 8:00 a.m. to 6:00 p.m., and Oper
repealing Resolution No. 89 -139, Res 90 -30
(Report from Public Works - Traffic (63)
Engineering)
3. CONTRACTS /AGREEMENTS:
(a) Removed from the Consent Calendar.
(b) Award CONTRACT NO. 2794 - 1989 -90
STREET RECONSTRUCTION AND RESURFACING
PROGRAM, PHASE II to R. J. Noble
Company for the total bid price of
$156,181; and authorize the Mayor and
the City Clerk to execute subject
contract. (Report from Public Works
Department)
(c) Authorize the Mayor and City Clerk to
execute a supplemental engineering
agreement with OTT Engineering, Inc.,
for ASSESSMENT DISTRICT NO. 59
(MCFADDEN SQUARE AREA STREET
IMPROVEMENTS). (Report from Public
Works Department)
(d) Find that Drainage Construction,
Inc., bid Contract No. 2716 in good
faith assuming that ADS pipe
materials would be acceptable;
rescind the award of Contract No.
2716 to Drainage Construction, Inc.;
authorize the Mayor and City Clerk to
execute a "Contract Termination
Agreement and Mutual Release" with
Drainage Construction; approve a
budget amendment to transfer
$24,583.02; direct staff to revise
the date of completion for - Contract
No. 2716; Award CONTRACT NO. 2716 to
Volume 44 - Page 94
'89-90 :St
Rcnstr /Rsrf
Prg /Phil
C -2794
(38)
McFadden
Sq St Impry
Asmt D#59
C -2780
(38)
Storm Drn
Impr Prg/
C -2716
(38)
is
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CITY OF NEWPORT BEACH
MINUTES
March 26. 1990
Spiniello Construction Company for
the total bid price of $230,064.75;
and authorize the Mayor and City
Clerk to execute subject contract for
STORM DRAIN IMPROVEMENT PROGRAM.
(Report from the Public Works
Department)
(e) Authorize staff to retain a CdM HighSch
consultant to assist in the Pkg Stdy
preparation of a PARKING AND TRAFFIC C -2811
STUDY IN THE VICINITY OF CORONA DEL (38)
MAR HIGH SCHOOL; and approve a budget
amendment in the amount of $12,000 to
fund subject study. (Report from
Public Works - Traffic Engineering)
4. COMMUNICATIONS - For referral as indicated:
(a) To Traffic Engineer for reply, letter Traffic
from Angela Taylor Monroe concerning Engr
TRAFFIC SIGNALS operated by CalTrans (85)
at Jamboree and Pacific Coast
Highway.
(b) To Business License Supervisor for Bus Lic/
response, letter from Juliette Lac Massage
concerning alleged illegally obtained (27)
MASSAGE CERTIFICATES.
(c) To Marine Department for report back, Marine Dpt
copy of letter from Lido Isle (51)
Community Association in support of
L. Vincent Mayell's letter of
February 27, 1990, concerning
SPECIFIC HEIGHT LIMIT FOR DESIGN OF
ALL PIERS BUILT /BEING BUILT ON
BAYFRONT HOMES (LIDO ISLE).
5. COMMUNICATIONS - For referral to the City
Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Joanne Brennan alleging personal Brennan
injuries as a result of falling into
hole located directly in front of
John Wayne Airport Terminal on
October 17, 1989.
(b) Richard Clifford alleging personal Clifford
injuries as a result of tripping over
sprinkler head projecting up at edge
of tree well in sidewalk at parking
lot adjacent to 191 Riverside Avenue
on November 21, 1989.
Volume 44 - Page 95
CITY OF NEWPORT BEACH
C0UNCIL MEMBERS
AV
eano [.AI J \ March 26, 1990
1-
(c) Donald Goldman alleging damage to his Goldman
vehicle as a result of police vehicle
hitting him from behind while stopped
at a traffic signal as the light
turned green on Jamboree Road on
March 14, 1990.
(d) Todd M. Hill for towing Hill
expense /impoundment (in error) on
February 17, 1990.
(e) Rich Quang Le /Automobile Club of Le /Auto
Southern California for property Club SoCA
damage to his alleged legally parked
car on 32nd Street, on February 12,
1990, approximately 85 feet north of
Lake Avenue, as a result of City dump
truck hitting rear of his car.
(f) David P. Levine alleging damage to Levine
vehicle as a result of accident with
City =owned tractor at San Miguel
Drive and Ford Road on February 28,
1990.
(g) Terry McKelvey for damages (medical McKelvey
expense, loss of wages, business
income, etc.) as a result of alleged
harassment, being unlawfully
detained, entrapped, falsely
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arrested, ticketed, etc., on
January 11, 24 and 27, 1990.
For rejection:
(h) Amendment to Anulication For Leave to Perez
Present Late Claim of Eleazar and
Marie Perez, as a result of the death
of their father Romulo Perez, who was
killed while employed with Byron L.
Crume, Inc., Construction Company at
job site at Bayside Drive and
Promontory Point on March 1, 1989.
7. SUMMONS AND COMPLAINTS - For denial and (36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Von Elissa Riegle for damages, Orange Riegle
County Municipal Court Case 9000571.
Claim was denied by the City Council
on December 11, 1989.
8. REQUEST TO APPROVE /FIL.L PERSONNEL (66)
VACANCIES: (Report from the City Manager)
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(a) One Police Officer, Police
Department.
(b) One Sr. Engineering Technician,
Public Works Department.
Volume 44 - Page 96
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
9y�� �s9�
ROLL CALL March 26_ 1990
MINUTES
1967@x$
(c) One Groundsworker I, Parks Division.
(d) One Utilities Specialist II, Water
Division.
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(e) One Refuse Worker I, Refuse Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from Parks, Beaches and PB &R /St.
Recreation Director recommending the James P1
City not pursue acquisition of the Lot
vacant lot at 724 ST. JAMES PLACE for (62)
recreation or view park purposes.
(b) Removed from the Consent Calendar.
For Council information and filing:
(c) Removed from the Consent Calendar.
(d) Copy of resolution of Orange County League of
Division of LEAGUE OF CALIFORNIA CA Cities
CITIES asking the Board of (61)
Supervisors to adopt ordinances
requiring the application of
municipal development standards when
processing projects within a
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municipality's Sphere of Influence.
10. PUBLIC HEARING SCHEDULING - April 23, 1990:
(a) GENERAL PLAN AMENDMENT NO. 89 -2(D) - GPA 89 -2(D)
A request of Todd Schooler and Steve (45)
McCluer to amend the Land Use Element
of the General Plan so as to change
the land use designation of 1900 West
Balboa Boulevard, on the
northeasterly corner of 19th Street
and West Balboa Boulevard, in the
Cannery Village/McFadden Square
Specific Plan from "Retail and
Service Commercial" to "Multi - Family
Residential;" and the acceptance of
an Environmental Document;
AND
LOCAL COASTAL PROGRAM AMENDMENT NO. LCPA /118
18 - Request to amend the Local
Coastal Program Land Use Plan so as
to change the land use designation
from "Retail and Service Commercial"
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to "Multi - Family Residential;"
AND
Volume 44 - Page 97
CITY OF NEWPORT BEACH
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MINUTES
i een
PCA 688
Site Pln
Rvw#55
TMpTr 14120
Trfc Std
#63
PCA 705
PLANNING COMMISSION AMENDMENT NO. 688
Request to amend a portion of
Districting Map No. 9 so as to
reclassify 1900 West Balboa Boulevard
from the SP -6 District to the SP -6
(MFR) SPR District and to establish
on the Districting Map, 5 foot front
yard setbacks on both the 19th Street
and West Balboa Boulevard frontages
(see agenda item F -1(j);
AND
SITE PLAN REVIEW NO. 55 - Request to
approve a site plan review so as to
permit the construction of a five
unit residential condominium
development on property proposed to
be rezoned to the SP -6 (MFR) SPR
District. The proposal also includes
a modification to the Zoning Code so
as to allow a portion of the proposed
building to encroach 5 feet into a
newly established 10 foot rear yard
setback, adjacent to the
northwesterly property line;
AND
TENTATIVE NO OF TRACT N0. 14120 -
Request to subdivide two existing
lots into a single lot for a five
unit residential condominium
development and related garages,
located on property to be rezoned to
the SP -6 (MFR) SPR District. (Report
from the Planning Department)
(b) TRAFFIC STUDY N0. 63 - A request of
Regis Contractors to approve a
Traffic Study so as to permit the
construction of 90 dwelling units on
property located in Area 2 of the
Villa Point Planned Community; and
the acceptance of an Environmental
Impact Report;
AND
PLANNING COMMISSION AMENDMENT N0. 705
- Request to amend the Villa Point
Planned Community Development Plan so
as to reclassify property located at
1100 East Coast Highway, on the
northeasterly corner of East Coast
Highway and Jamboree Road, in the
Volume 44 - Page 98
PCA 688
Site Pln
Rvw#55
TMpTr 14120
Trfc Std
#63
PCA 705
COUNCIL MEMBERS
A
ROLL CALL
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CITY OF NEWPORT BEACH
MINUTES
March 26. 1990
TMpTr14055
CRD Prmt
#17
Corp Yid
Bldgs C/L
C -2762
(38)
MacA B1/
Jamb Rd S1
Wall /Bysd
Dr /Pkg Lt
Imprvms
Dahlia
C -2707
(38)
0
Villa Point Planned Community, from
"Office/Visitor Serving Commercial"
to "Multi - Family Residential" and to
establish 90 dwelling units as the
maximum allowable number of dwelling
units permitted in Area 2;
AND
TENTATIVE MAP OF TRACT NO. 14055 -
Request to subdivide two existing
parcels of land containing 9.3+
acres, into a single lot for a 90
unit residential condominium
development;
AND
COASTAL RESIDENTIAL DEVELOPMENT
PERMIT NO. 17 - Request to approve a
Coastal Residential Development
Permit for the purpose of
establishing project compliance
pursuant to the administrative
guidelines for the implementation of
the State law relative to low and
moderate income housing within the
Coastal Zone in conjunction with the
construction of a 90 unit residential
condominium development on property
located in the Villa Point Planned
Community. (Report from the Planning
Department)
11. CORPORATION YARD BUILDINGS "C AND
L" /CONTRACT NO. 2762 - Approve the plans
and specifications; and authorize the City
Clerk to advertise for bids to be opened at
11:00 A.M. on May 1, 1990. (Report from
Public Works Department)
12. ACCEPTANCE OF MACARTHUR BOULEVARD TO SEA
LANE SIDEWALK CONNECTION /JAMBOREE ROAD
SLOUGH WALL BETWEEN BAYSIDE DRIVE AND
PACIFIC COAST HIGHWAY / BAYSIDE DRIVE SLOUGH
WALL BETWEEN COUNTY ROAD AND CARNATION
AVENUE / BAYSIDE DRIVE PARKING LOT
IMPROVEMENTS AND DAHLIA AVENUE PARKING LOT
METERS (CONTRACT NO. 2707) - Accept the
work; and authorize the City Clerk to file
a Notice of Completion and release the
bonds 35 days after the Notice of
Completion has been recorded in accordance
with applicable portions of the Civil Code.
(Report from Public Works Department)
Volume 44 - Page 99
TMpTr14055
CRD Prmt
#17
Corp Yid
Bldgs C/L
C -2762
(38)
MacA B1/
Jamb Rd S1
Wall /Bysd
Dr /Pkg Lt
Imprvms
Dahlia
C -2707
(38)
ICIL
CITY OF NEWPORT BEACH
March 26, 1990
MINUTES
13. IMUA OUTRIGGER CANOE CLUB - Approve the
INUA Outrgr
request for seasonal outdoor storage of
Canoe Clb/
outrigger canoes at North Star Beach, as
PB &R
requested for the period March 1 - November
(62)
.
30, 1990, subject to conditions listed in
the staff report. (Report from Parks,
Beaches and Recreation Director)
14. SPECIAL EVENTS APPLICATIONS - Uphold
Special
staff's recommendations to approve the
Evnts Apli
following applications, subject to
(65)
conditions in the staff report. (Report
from Business License Supervisor)
(a) Application #89 -423 - Ford
Apli0189 -423
Aerospace for temporary road
closures of streets adjacent to
Ford Aerospace - Spring Tune -Up
Run, Saturday May 12, 1990,
6:00 to 10:30 a.m.
(b) Application 090 -005 - Parks,
Apli(190 -005
Beaches and Recreation
temporary street closures in
Old Corona del Mar, for 9th
Annual Scenic 5K, Saturday,
June 9, 1990, 7:30 to 10:00
a.m.
15. CHANNEL PLACE PARK - Refer report from
Chnl P1 Prk
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Parks, Beaches and Recreation to City
PB &R
Manager regarding recommendation for
(62)
$15,000 addition to the 1990 -91 BUDGET to
accommodate the construction of a half -
court basketball facility at Channel Place
Park.
16. BUDGET AMENDMENTS - For approval:
(25)
BA -057, $1,935 - Transfer in Budget
Appropriations for SPECIAL REFUSE
COLLECTION FOR HARBOR VIEW AND HARBOR HILLS
COMMUNITY ASSOCIATIONS; General
Services/Refuse Fund. (Letter from
GS(44)
Homeowners Associations and Memorandum from
General Services Director)
RA -058, $12,000 - Transfer in Budget
Appropriations for TRAFFIC AND CIRCULATION
STUDY IN THE VICINITY OF CORONA DEL MAR
HIGH SCHOOL; Traffic and Parking Fund.
(Refer to report w /agenda item F -3(e))
BA -059, $24,583.02 - Transfer in Budget
Appropriations to provide for STORM DRAIN
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IMPROVEMENT PROGRAM (CONTRACT NO. 2716);
General Fund. (Refer to report w /agenda
item F -3(d))
Volume 44 - Page 100
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Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
March 26, 1990
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Memorandum from Harbor Quality Committee,
recommending the City Council request the
Mayor sign the letter which is directed to
the California Department of Food and
Agriculture to cease issuing permits for
the use of PESTICIDES CONTAINING ENDOSULFAN
ONTO AGRICULTURAL CROPS IN THE SAN DIEGO
CREEK WATERSHED.
The City Clerk advised that after the
agenda was printed, a letter was received
from Nancy Skinner, Member of the Harbor
Quality Citizens Advisory Committee
regarding the proposed letter to the
California Department of Food and
Agriculture.
Dr. Jack Skinner, 1724 Highland Drive,
addressed the Council regarding the subject
draft letter and stated that he regularly
attends the meetings of the Harbor Quality
Committee and has been interested in water
quality issues for a number of years. He
provided the Council with a brief
background on the "Endosulfan" issue, and
requested that the State Department of Food
and Agriculture be urged to seek issuing
permits for the use of insecticides
containing Endosulfan on agriculture crops
in the San Diego Creek Watershed.
Dr. Skinner advised that the Santa Ana
Regional Water Quality Control Board's
recent status report on water quality in
Newport Bay cited, in part, as follows:
"A notable trend in the latest State
Mussel Watch Program Data is the
marked increase in total Endosulfan,
Endosulfan 1, and Endosulfan Sulfate
in all Newport Bay and Watershed
Stations. This family of chlorinated
organic compounds exhibit low
solubility and high persistence in
soils. Endosulfan is a restricted
pesticide due to its extreme toxicity
to aquatic organisms... Therefore, its
sudden increase in agriculturally
oriented drainages merits further
investigation."
Dr. Skinner also reviewed the information
presented on this issue at the Committee's
meeting in February.
Motion was made to revise the second
paragraph of the subject draft letter in
accordance with what was submitted by Nancy
Skinner, and to approve the letter for
mailing as amended.
Volume 44 - Page 101
Harbor
Quality
Cmte
(24)
CITY OF NEWPORT BEACH
COUNCIL
MEMBERS
ROLL CALL
March 26, 1990
MINUTES
J5E
2. Report from Executive Assistant Npt Pier/
recommending the Mayor and City Clerk be Fisherman's
authorized to execute an amendment to the Rest
NEWPORT PIER /FISHERMAN °S RESTAURANT C -1901
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AGREEMENT (CONTRACT NO. 1901), to allow (38)
assignment from HEG Enterprises and the
Mertings to HEG Enterprises only.
Council Member Strauss stated that when the
Fisherman's Restaurant was approved a few
years ago, the City Council consciously did
not permit the sale of hard liquor. He
stated that many young people fish at the
pier and he felt it would not be
appropriate to authorize alcoholic
beverages (hard liquor) in the same
location. He also noted that Ruby's
Restaurant at the Balboa Pier only serves
beer and wine.
Motion
x
In view of the foregoing, motion was made
to allow the assignment of the lease as
requested, with the provision that no
alcoholic beverages will be permitted other
than beer and wine.
Council Member Turner commented that the
Fisherman's Restaurant at Newport Pier is a
more formal -type dinner house than is
Ruby's Diner at Balboa Pier; that hard
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liquor is allowed at several of the
restaurants in the Fun Zone area, and that
possibly the Council was "splitting hairs"
on this issue.
All Ayes
There being no further discussion, the
motion was voted on and carried.
3. Report from the Planning Department
recommending public hearing be scheduled on
April 9, 1990 for:
Proposed ORDINANCE NO. 90 -16, being, Ord 90 -16
Zoning
AN ORDINANCE OF THE CITY (94)
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE
NEWPORT BEACH MUNICIPAL CODE SO
AS TO REGULATE TRANSFERS OF
DEVELOPMENT RIGHTS IN
NONRESIDENTIAL AREAS (PLANNING
COMMISSION AMENDMENT NO. 7031.
Motion
x
Motion was made to schedule public hearing
All Ayes
on the above ordinance for April 23, 1990.
Volume 44 - Page 102
CITY OF NEWPORT BEACH
MINUTES
CALLer \ '� V \ IC \ \ March 26, 1990
4. Report to the City Manager regarding
Planning
ACTIONS TAKEN BY THE PLANNING COMMISSION ON
(68)
MARCH 8, 1990.
Motion was made to schedule public hearing.
PCA 702
on April 9, 1990, on application of CITY OF
NEWPORT BEACH FOR AMENDMENT NO. 702, which
is an AMENDMENT TO TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE so as to REVISE THE
R -2 DISTRICT STANDARDS IN CORONA DEL MAR
pertaining to off - street parking, setbacks
from alleys, access to dwellings and
extensions into yards; and receive and file
remaining Planning Commission actions.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 90 -6, being,
Ord 90 -6
Recycling
AN ORDINANCE OF THE CITY COUNCIL OF
Sery Fee
THE CITY OF NEWPORT BEACH
(40)
ESTABLISHING A RECYCLING SERVICE FEE.
Recycled report from City Attorney dated
March 12, 1990.
The City Manager pointed out that the
proposed ordinance would authorize the City
Council to impose a monthly recycling fee
by resolution. The recycling fee is
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strictly limited to the cost incurred by
the City in satisfying State mandated
recycling requirements and is exclusive of
normal costs associated with the
collection, hauling and disposal of solid
waste. The fee would be the responsibility
of, and billed to, the person receiving
water service. Separate bills will be sent
to those few residences that do not receive
water from the City of Newport Beach.
Homes and businesses served by private
haulers are exempt from the fee.
It was further noted that Newport Beach
residents are the only people in Orange
County that do not pay a fee for trash
pickup. Some cities have avoided direct
charges by establishing a solid waste
management district which contracts with
private haulers.
Council Member Strauss spoke against the
proposal to establish a recycling service
fee, stating it has been the City's
philosophy for many years to = initiate
such a fee and that the cost and expense of
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collecting, hauling away and disposal of
garbage was defrayed exclusively from the
ad valorem tax revenues. If the City
Volume 44 - Page 103
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Motion
Motion
ICIL
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March 26, 1990
Council were to approve of the proposed Recycling
ordinance, it would be changing past Sery Fee
policy, which he felt was debatable. He
stated that the estimated amount to be
saved as a result of the proposed service
fee is $3.36 million per year, which is
equal to 1/3 of 1% of the City's Annual
Operating Budget, and in his opinion, is
insignificant in terms of the City's
overall financial ability.
Following the above comments, motion was
made to = adopt Ordinance No. 90 -6.
Council Member Turner indicated he felt it
was appropriate for the City to impose the
recycling service fee for the costs it
incurs in satisfying State mandated
recycling obligations and, therefore, he
will not support the motion. He also felt
it was the Council's responsibility to
constantly look for ways to replenish funds
when and where it is deemed necessary.
Council Member Cox stated he agreed with
the comments of Council Member Turner,
indicating he felt that residents should be
charged for services rendered in the area
of waste disposal and, therefore, will not
support the motion.
Council Member Watt stated she was in
support of the proposed recycling service
fee, but felt said fee should depend on the
amount of trash disposed, and that not all
residents should be charged the same fee.
In response to Council Member Watt's
concern, the City Manager advised that
hopefully at the next study session there
will be a report regarding a proposed fee
structure for those residents who
accumulate more trash than others, if the
subject ordinance is adopted.
There being no further discussion, a
substitute motion was made to adopt
Ordinance No. 90 -6.
Mayor Plummer and Council Member Hart spoke
in support of the recycling program and the
proposed recycling service fee.
Following the above comments, the
substitute motion was voted on and carried.
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Motion
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CITY OF NEWPORT BEACH
MINUTES
26, 1990
12. Proposed ORDINANCE NO. 90 -7, being,
,AN ORDINANCE OF THE CITY COUNCIL OF jEstb
THE CITY OF NEWPORT BEACH AMENDING (27)
SECTION 5.50.050 REGARDING MASSAGE
ESTABLISHMENTS (PARAGRAPH 13.
"RECORDINGS ").
Recycled Report from the City Attorney
dated March 12, 1990.
Motion was made to adopt Ordinance No.
90 -7.
I. CONTINUED BUSINESS:
90 -7
1. Report from the City Manager concerning Misc /Mala-
MAIATHION SPRAYING. thion Spryg
1(52)
Lawrence C. Pendleton, 11 San Sebastian,
addressed the Council in opposition to
Malathion Spraying. He stated that he was
"living proof" of how pesticides can harm
human health. He moved to Irvine eight
years ago from the City of Arcadia, after
two years of doctors' investigations which
proved pesticides were the cause of his
health deteriorating.
Philip Cutler, Member of the Orange County
Citizens Against Malathion Spraying,
addressed the Council and stated that the
United States is the only Country that
still uses aerial spraying in urban areas,
as other countries try to control the
medfly rather than eradicate it. He cited
his reasons for opposing this "poisonous
chemical" spraying, and urged the City
Council to oppose Malathion Spraying.
Council Member Watt made a motion to oppose
Malathion Spraying in Newport Beach, for
the following reasons:
It is an unfair intrusion into
peoples' lives, and the choices they
wish to make with respect to their
health and the use of pesticides;
The spraying poses a potential risk
to safety in an urban area with low -
flying formations of helicopters;
The spraying is also a potential risk
to wildlife, fish and some other
useful insects;
Because the City does not have
adequate information and answers to
the questions being asked throughout
the State on this issue; and
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CITY OF NEWPORT BEACH
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March 26, 1990
The money should be spent to Malathio .
encourage and promote all the Spraying
alternatives of nonpesticide
eradication measures.
Council Member Cox made a substitute motion
to remain neutral and neither oppose nor
support Malathion Spraying. He indicated
there is no evidence to support the
comments_ made by Council Member Watt, and
stated he felt this subject has gotten more
"hysterical," rather than rational;
therefore, it would be irresponsible for
the City Council to take any kind of
position when the City is not equipped to
pass on these kinds of judgments.
The substitute motion was voted on and
carried.
J. CURRENT BUSINESS:
None.
Meeting adjourned at 8:00 p.m.
City
The agenda for this meeting was posted on
March 21, 1990, at 8:00 a.m., on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
0
Volume 44 - Page 106