HomeMy WebLinkAbout04/09/1990 - Regular MeetingCITY OF NEWPORT BEACH
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REGULAR COUNCIL MEETING
\Z � � PLACE: Council Chambers
� G DATE: April 9. 1990
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Mayor Pro Tem Sansone announced that Mayor
Ruthelyn Plummer has been excused from this
meeting, and he would be presiding in her place.
X IA. ROLL CALL.
B. Reading of Minutes of Meeting of March 26,
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.
D. HEARINGS:
1. Mayor Pro Tem Sansone opened the public jOrd 90 -18
hearing regarding proposed ORDINANCE NO. Zoning
90 -18, being, (94)
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING TITLE 20 OF THE
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. (PLANNING COMMISSION
AMENDMENT NO. 702]
Report from the Planning Department.
The City Manager advised that this
amendment, if adopted, will amend the R -2
Development Standards in Corona del Mar in
three ways:
1. Access to Dwellings and
Extensions into Yards - This
section is identical to the
provisions recently adopted by
the City Council for the new
Multi- Family Residential
District. Initially requested
by the Corona del Mar Residents
Association, this section would
require on lots 30 feet or more
in width, that a four foot wide
setback be provided for access
between the primary entrance of
the dwelling and the public
street or alley. Within the
setback, a three foot wide
unobstructed walkway is
required. The walkway is
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CITY OF NEWPORT BEACH
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required to be paved and the
Ord 90 -18
only above grade encroachments
permitted are steps which would
be essential for use of a first
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floor entrance.
2. Parking. This amendment would
increase the required number of
off - street parking spaces from
1 -1/2 spaces to 2 spaces per
dwelling unit. This would make
the parking requirement for the
R -2 areas outside the Coastal
Zone the same as the off - street
parking requirement generally
required by the Coastal
Commission. In addition, it
would now require the same
number of spaces as has been
provided in the past for
condominium purposes.
3. Rear Yard Adjacent to Allev.
This amendment would require
that the first floor setback
adjacent to an alley be
increased from five feet to
eight feet. This amendment was
the most controversial of the
three, proposals with the
Planning Commission divided as
to whether it would increase
vehicular accessibility in the
alley, or by misuse, hinder it.
It should be pointed out that
by definition, a "yard" is an
open space which is
unobstructed, except as
permitted, from the ground up
and cannot be used for parking.
Discussion ensued, wherein the staff
answered various questions raised by
Council Members in an attempt to clarify
the purpose of the proposed three
amendments.
Council Member Turner expressed his
concerns with regard to the proposed
amendment requiring the first floor setback
adjacent to an alley be increased from 5
feet to 8 feet, stating he felt it would
encourage more people to park in the
alleys.
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Dick Nichols, 519 Iris Avenue, addressed
the Council in opposition to the proposed
three amendments, and distributed a handout
containing written comments. With regard
to the 8 foot setback adjacent to an alley,
he felt vehicles would now be able to
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CITY OF NEWPORT BEACH
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legally block access to garages, and that Ord 90 -18
this would also trigger rebuilds and
remodels, which could greatly increase such
costs. Pertaining to 4 foot sidewalk
leading to any dwelling's primary entrance,
this would mean that an extra foot on,the
lower level would have to be provided up to
the back entrance of most duplexes which
again, means "massive" expense if applied
to remodels. Further, the amendment
increasing the required number of off -
street parking spaces from 1 -1/2 spaces to
2 spaces per dwelling unit will mean there
will be a longer cutout for cars, plus 18
to 19 foot garages, plus 3 to 4 foot
sideyards. He also felt vehicles presently
parked in alleys should be cited unless
they are unloading and not blocking the
alley and /or the owner is at the car and
able to move it.
Todd Schooler, 500 N. Newport Boulevard,
Architect, addressed the Council and stated
he was in support of all three proposed
amendments, except he felt that each issue
should be reviewed individually as to their
positive and negative effects. He favors
the proposed 2 parking spaces per dwelling
unit, and stated he does not think it will
create a hardship. He also distributed an
excerpt from the Uniform Building Code
pertaining to Section 3304 - Width and
Height of Exit Way.
Len Morgan, 600 Narcissus Avenue, addressed
the Council and suggested the amendment
pertaining to 2 parking spaces per dwelling
unit remain at 1 -1/2 parking spaces, as he
felt the City should first concentrate on
the citing of vehicles parked in alleys.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Cox commented that he agreed
with the remarks of Mr. Nichols on this
subject, and therefore, moved to not
introduce the proposed ordinance.
Council Member Sansone inquired of the City
Attorney "If the ordinance were to remain
as presently written, and a subdivider were
to develop a 30 foot lot in the subject
area north of Pacific Coast Highway, would
only 3 parking spaces be provided ?"
The City Attorney replied in the
affirmative.
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CITY OF NEWPORT BEACH
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April 9, 1990
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Motion x
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Noes x
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Noes.-: x x
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Motion
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Council Member Hart stated she will not Ord 90 -18
support the motion. She felt a great deal
of time and effort has been put into this
proposal, and she supports the four foot
wide setback for access, as well as the 2
parking spaces per dwelling unit; however,
she is opposed to the eight foot setback
adjacent to an alley.
Council Member Turner stated he felt all
three amendments are tied to one another to
some degree, and that additional study is
needed. He stated, inasmuch as these
issues will have a long -range impact on the
property owners in the area, he felt said
property owners should be individually
notified of the proposed amendments prior
to any action.
Following discussion, a substitute motion
was made to straw -vote the proposed three
amendments, which motion carried.
The results of the straw votes are as
listed below:
1. 4 foot wide setback for access
between primary entrance of a
dwelling unit and the public
street or alley. Within the
setback, a 3 foot wide
unobstructed walkway is
required.
2. Increase in off - street parking
spaces from 1 -1/2 spaces to 2
spaces per dwelling unit.
3. Increase in first floor rear
yard setback adjacent to an
alley from 5 feet to 8 feet.
In view of the foregoing, motion was made
to reopen the public hearing; introduce
proposed ORDINANCE NO. 90 -18, as amended,
and to continue public hearing to May 14,
1990.
E. PUBLIC COMMENTS:
None.
Volume 44 - Page 110
CITY OF NEWPORT BEACH
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Motion
Ayes
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F. CONSENT CALENDAR:
The following actions were taken as indicated,
except for those items removed:
1. ORDINANCES FOR INTRODUCTION - pass to
second reading on April 23, 1990:
(a) Proposed ORDINANCE NO. 90 -19, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION
10.04.010 OF THE NEWPORT BEACH
MUNICIPAL CODE PERTAINING TO
DRINKING IN PUBLIC. (Report
from City Attorney)
(b) Proposed ORDINANCE N0. 90 -20, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH DELETING SECTION 6.04.085
ENTITLED TRASH COMPACTORS
PERTAINING TO CHAPTER 6.04,
GARBAGE, REFUSE AND CUTTINGS,
FROM THE NEWPORT BEACH
MUNICIPAL CODE. (Report from
Building Director)
2. RESOLUTIONS FOR ADOPTION:
(a) Removed from the Consent Calendar.
(b) Resolution No. 90 -32 authorizing
the issuance of bonds, approving Bond
Indenture and Official Statement for
a special district [Assessment
District No. 58 - Cannery Village
Area Street Improvements, Contract
No. 2699]. (Report from the Public
Works Department)
(c) Resolution No. 90 -33 setting forth
findings with respect to local
conditions within the City of Newport
Beach which make CERTAIN
MODIFICATIONS AND CHANGES TO THE
UNIFORM BUILDING CODE; UNIFORM
PLUMBING CODE; AND THE NATIONAL
ELECTRICAL CODE REASONABLY NECESSARY
FOR HOUSING OCCUPANCIES. (Refer to
report w /agenda items H -1 thru H -7)
Volume 44 - Page 111
Ord 90 -19
Offenses &
Nuis /Drnkg
in public
(70)
Ord 90 -20
Health &
Sanitation/
Trsh Comp
(44)
Cannery
Vlg Asmt
Dist 58/
Res 90 -32
C -2699
(38)
Utilities
(89)
Building/
Codes
Res 90 -33
(26)
CITY OF NEWPORT BEACH
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9, 1990
MINUTES
3. CONTRACTS /AGREEMENTS:
IMH
(a) Authorize the Mayor and City Clerk to
Marinaparl
execute Agreement (as amended since
Sp 12E
removal from the Consent Calendar on
C -2812
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March 12, 1990) regarding transfer of
(38)
mobile home space and compensation
for services and costs for NEWPORT
BEACH MARINAPAR& MOBILE HONE SPACE
NO. 12 -E to Marian Hersh, Trustee.
(Report from Executive Assistant)
4. COMMUNICATIONS - For referral as indicated:
(a) To Traffic Affairs Committee for
TAC
response, letters from Donald Clark,
(85)
and Vivian Orlando concerning
increased traffic on Marguerite
Avenue between San Joaquin Hills Road
and the Pacific Coast Highway.
(b) To Parks, Beaches and Recreation
PB&R
Department for reply, letter from
(62)
Jean Morris requesting light at head
of stairway leading down to CHINA
COVE, and additional benches.
(c) To staff for inclusion in the
Oil Spill
records, letter from Zeman Javaheri
(28)
.
concerning OIL SPILL.
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) Stanley A. Grovom alleging certain
Grovom
personal items missing from his bag
when he was released from Newport
Beach Police Station on February 27,
1990.
(b) Bryan Lawrence Marriott, City
Marriott
employee, alleging property damage to
his car which sustained an unknown
substance splattered over and onto
his 1970 VW Square Back, while said
vehicle was parked at the General
Services Facility on 522 Superior
Avenue on March 21, 1990.
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(c) Ernestine H. Robinson alleging Refuse
Robinson
Crew removed large Plumeria plant
near corner of house at 2652 Circle
Drive in vicinity of trash containers
in error on March 6, 1990, and
seeking reimbursement of $165.
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April 9, 1990
(d) Elvis L. Sherwood alleging his car Sherwood
stereo was taken from his vehicle
along with some coins following
arrest by Police Department on
February 9, 1990.
(e) Automobile Club of Southern Auto Clb
California for insured Ann K. Vroman, So CA /Vro-
alleging Newport Beach Police Officer man
rear ended claimant's car on December
30, 1989, in the vicinity of Pacific
Coast Highway and Bayside Drive.
For Rejection:
(f) Late claim of Peter Petersen -
Removed from the Consent Calendar.
7. SUMMONS AND COMPLAINTS - For denial and I(36)
confirmation of the City Clerk's referral
to the claims adjuster:
(a) Robert: Ross Comstock for ages Comstock
allegedly sustained on September 28,
1989, Orange County Municipal Court,
Case No. 104004. Original claim was
denied by the City Council on
December 11, 1989.
8. REQUEST TO APPROVE /FILL PERSONNEL 1(66)
VACANCIES: (Report from the City Manager)
(a) One Assistant Associate Planner,
Planning Department.
(b) One Refuse Worker I, General Services
Department.
(c) One Police Records Specialist, Patrol
Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Letter prepared for Mayor Plummer's So CA Gas
signature in opposition to the (42)
SOUTHERN CALIFORNIA GAS COMPANY'S
APPLICATION NO. 90 -03 -018 AUTHORIZING
THEM TO INCREASE THEIR REVENUES BY
OVER $200 MILLION ANNUALLY BEGINNING
OCTOBER 1, 1990.
(b) NEWPORT BEACH CONFERENCE AND VISITORS NB Conf/
BUREAU - 1990 -91 BUDGET AND MARKETING Vstrs Bu
PLAN. C -2638
(38)
(c) Removed from the Consent Calendar.
Volume 44 - Page 113
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April 9, 1990
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For Council information and filing:
(d) Letter from Department of Fish and
Oil Spill
Game expressing thanks for City's
(28)
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Geobase assistance in providing maps
in relation to their investigation of
the AMERICAN TRADER OIL SPILL.
10. PUBLIC HEARING SCHEDULING - For April 23,
1990:
(a) Removed from the Consent Calendar.
(b) YELLOW CAB OF NEWPORT BEACH - Request
Yellow
to increase number of TAXICABS,
Cab
pursuant to Newport Beach Municipal
(86)
Code Section 5.12.090. (Memo from
Business License Supervisor)
11. RESUBDIVISION NO. 905 - Approve a
Resub 905
subdivision agreement guaranteeing
(84)
completion of the public improvements
located at 421 SEAWARD ROAD, CORONA DEL
MAR, required with Resubdivision No. 905;
and authorize the Mayor and City Clerk to
execute subject agreement. (Report from
the Public Works Department)
12. RESUBDIVISION NO. 734 - Approve a
Resub 734
subdivision agreement and accompanying
(84)
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surety guaranteeing completion of the
public improvements required with
Resubdivision No. 734, located on the
easterly side of RIDGELIKE DRIVE,
APPROXIMATELY 200 FEET SOUTH OF NAPOLI, IN
HARBOR RIDGE; authorize the Mayor and City
Clerk to execute subject agreement; and
authorize the City Clerk to release the
Faithful Performance Bond and Labor and
Material Bond (Bond No. 1178030). (Report
from the Public Works Department)
13. CURB ACCESS RAMP CONSTRUCTION IN EASTBLUFF,
Balboa Png
SIDEWALK CONSTRUCTION IN CORONA DEL MAR AND
Sdwlk /Crb
ALLEY REPLACEMENT ON BALBOA PENINSULA
Alley Rplcm
(CONTRACT NO. 2806) - Approve the plans
C -2806
and specifications; and authorize the City
(38)
Clerk to advertise for bids to be opened at
11:00 a.m, on May 3, 1990. (Report from
the Public Works Department)
14. SPECIAL EVENTS APPLICATIONS - Uphold
Spcl Evnts
staff's recommendations to approve the
Permits
following applications, subject to
(65)
conditions in the staff reports: (Report
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from the Business License Supervisor)
(a) APPLICATION NO. 89 -435 - Temporary
Apli 89 -435
street closures in CLIFFHAVEN AREA on
October 13, 1990 from 8:00 TO 11:00
a.m., for a 2K and 5K running event
by Harbor High School PTA.
Volume 44 - Page 114
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April 9, 1990
(b) APPLICATION NO. 90 -042 - Temporary
street closures in AREA OF CAMPUS
DRIVE on June 3, 1990, from 7:30 to
9:30 A.M., for a 5K run by Sea King
Running Club of Corona del Mar High
School.
(c) APPLICATION NO. 90 -056 - Use of
amplified sound at the DUNES AQUATIC
PARK for the California State Chili
Championship on May 24, 1990 from
3:00 to 11:00 P.M. by the Balboa Bay
Club.
(d) APPLICATION NO. 90 -061 - Fireworks
Display at BIG CANYON GOLF COURSE on
July 4, 1990 at 9:00 P.M.
(e) APPLICATION NO. 90 -068 - Temporary
closure of BACK BAY AREA STREETS on
Sunday, May 6, 1990, from 7:30 to
9:30 A.M., for a 5K and 15K running
event by Orange County Mental Health
Association.
(f) APPLICATION NO. 90 -088 - Use of
amplified sound at the 15TH STREET
PARK for a National Chili Cookoff on
April 14, 1990, from 6:00 to 8:00
P.M. by the American Legion Post 291.
15. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE
RECORD - Approve the following expense
records regarding OIL SPILL CLEANUP
LEGISLATION:
(a) $1,163.56 for Ruthelyn Plummer; and
$1,159.57 for Evelyn Hart -
Washington D.C., March 19 - 21, 1990.
(b) $1,010.58 for Ruthelyn Plummer -
Washington, D.C., March 28, and 29,
1990.
(c) $381.60 for Evelyn Hart - Sacramento,
March 28, 1990.
16. BUDGET AMENDMENTS - For approval:
BA -060, $670 - Increase in Budget
Appropriations and Revenue Estimates to
provide for Minigrants from the California
Council for the Humanities to cover two
film rentals and speakers to lead the
discussions; Rental of Property and
Equipment - Library Fund.
BA -061, $1,000 - Transfer in Budget
Appropriations for membership dues for the
Global Cities Project; Publication and
Dues /Nondepartmental Fund. (Refer to
agenda item J -1)
Volume 44 - Page 115
90 -042
90 -056
90 -061
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April 9, 1990
MINUTES
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report from the Executive Assistant
Legislation
concerning STATE AIRPORT LEGISLATION.
(48)
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Council Member Turner reviewed the pending
legislation set forth in the subject
report, and moved the following actions:
All Ayes
Oppose SB 2259 (Roberti) - Would
prohibit a public airport from
discriminating against any carrier in
the allocation of access to its
airport gates.
All Ayes
Oppose AB 2630 (LaFollette) - Would
exempt certain aircraft flights from
curfews or noise level restrictions
imposed by a local government.
All Ayes
Support AB 3933 (Eaves) - Would
require local zoning agencies to
respect the AICUZ requirements around
military airfields.
2. Report from the Planning Department
CDBG Funds/
regarding APPLICATION FOR 1990/91 COMMUNITY
1990 -91
DEVELOPMENT BLOCK GRANT (CDBG) FUNDS.
(87)
Council Member Turner noted that HUD
�n
x
currently estimates the City of Newport
Beach will be eligible for $402,000 in
1990 -91, and inasmuch as up to 158 of these
funds may be spent for social services, he
moved to set aside $40,000 for SOS (Share
Our Selves) prior to this item being
considered at the public hearing on
April 23.
Council Member Hart spoke against the
motion, stating she needed additional
information relative to SOS, as well as a
report as to the other social service
agencies who are requesting CDBG funding.
Motion
x
Council Members Strauss and Cox agreed with
All Ayes
Council Member Hart; and therefore, Council
Member Turner withdrew his motion and moved
to schedule this matter for public hearing
on April 23, 1990, is recommended.
3. Proposed resolution approving an Amendment
Inter -Cnty
to the Joint Powers Agreement for the
Arprt
Inter - County Airport Authority changing the
C -2542
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title to the Orange County Cities Airport
Authority and urging study of George Air
(38)
Force Base.
Volume 44 - Page 116
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Motion
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Motion
Noes I x I I I Ix I x Ayes x x x
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All Ayes
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April 9, 1990
x Motion was made to reject said claim.
Volume 44 - Page 117
Council Member Strauss indicated his strong
Inter -Cnty
opposition to the .reference in the
Arprt
resolution relative to "urging study of
George Air Force Base," stating that said
site is approximately 100 miles from
Newport Beach, and therefore, he feels it
has no advantage over LAX, San Diego, or
Ontario Airports. He also felt this was a
diversion to having to build a new airport
site, and therefore, moved to delete any
reference to George Air Force Base from the
proposed resolution, and adopt Resolution
No. 90 -31, (as amended) regarding INTER -
COUNTY AIRPORT AUTHORITY CHANGING TITLE TO
ORANGE COUNTY CITIES AIRPORT AUTHORITY.
Council Member Cox disagreed with Council
Member Strauss, stating he felt the City
should keep its options open; he does not
feel the proposal is an attempt to "dodge"
the issue of an airport site; if this idea
is thrown out, with it would go the
prospect of a super speed train, which
would enable George Air Force Base to serve
some of the needs of Orange County's air
passengers; and concluded this matter was
well worth evaluating.
Council Member Watt indicated she was in
agreement with Council Member Strauss's
motion with reference to George Air Force
Base.
Council Member Hart stated it is her
understanding with the adoption of the
proposed resolution that the City Council
will still have opportunities to review
alternative airport sites within Orange
County and that said resolution does not
limit those options.
Following discussion, a substitute motion
was made to retain the reference to George
x
Air Force Base, and to add the word "or"
after the word "and," in the last paragraph
of the subject resolution and adopt
Resolution No. 90 -31, as amended.
4. Late claim for personal injuries by Peter
Petersen/
Petersen alleging assault and battery by
Claim
Custodial Police Officer resulting in
(36)
personal injuries, etc., on April 5, 1989
at Lido Mobile Home Park and Newport Beach
Police Department.
Claimant Peter Petersen, 700 Victoria
Street, Costa Mesa, addressed the Council
with regard to the above claim.
x Motion was made to reject said claim.
Volume 44 - Page 117
CITY OF NEWPORT BEACH
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Motion
A yes
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H. ORDINANCES FOR ADOPTION:
Motion was made to adopt ORDINANCE NOS.
90 -8 thru 90 -13, and 90 -15, as follows:
1. Proposed ORDINANCE NO. 90 -8, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING
CHAPTER 15.02 TO THE
NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE
UNIFORM ADMINISTRATIVE
CODE, 1988 EDITION.
Report from Building Director for agenda
items H -1 - H -7.
2. Proposed ORDINANCE NO. 90 -9, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF NEWPORT
BEACH ADDING CHAPTER 15.03 TO
THE NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE UNIFORM
HOUSING CODE, 1988 EDITION.
13. Proposed ORDINANCE NO. 90 -10, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING
CHAPTER 15.04 OF THE
NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE
UNIFORM BUILDING CODE,
1988 EDITION.
14. Proposed ORDINANCE NO. 90 -11, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING
CHAPTER 15.05 TO THE
NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE
UNIFORM MECHANICAL CODE,
1988 EDITION.
5. Proposed ORDINANCE NO. 90 -12, being
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING
CHAPTER 15.06 TO THE
NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE
NATIONAL ELECTRICAL
CODE, 1987 EDITION.
Volume 44 - Page 118
Ord 90 -8
Uniform
Adm Code
1988
(26)
Ord 90 -9
Uniform
Housing
Code 1988
(26)
Ord 90 -10
Uniform
Building
Code 1988
(26)
Ord 90 -11
Uniform
Mech Code
1988
(26)
Ord 90 -12
National
Electrical
Code
1987
(26)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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CALL April 9, 1990
MINUTES
Ord 90 -13
Uniform
Plumbing
Code
1988
(26)
Ord 90 -15
Uniform
Fire Code
1988
(41)
Ord 90 -14
Uniform
Swimming
Pool Code
1988
(26)
6. Proposed ORDINANCE NO. 90 -13, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
•
NEWPORT BEACH ADDING
CHAPTER 15.08 TO THE
NEWPORT BEACH MUNICIPAL
-
CODE TO ADOPT THE
UNIFORM PLUMBING CODE,
1988 EDITION.
8. Proposed ORDINANCE NO. 90 -15, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING
CHAPTER 9.04 OF THE
NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE
UNIFORM FIRE CODE, 1988
EDITION.
Recycled report from the Fire Chief dated
March 26, 1990.
7. Proposed ORDINANCE NO. 90 -14, being,
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
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NEWPORT BEACH ADDING
CHAPTER 15.09 TO THE
NEWPORT BEACH MUNICIPAL
CODE TO ADOPT THE
UNIFORM SWIMMING POOL
CODE, 1988 EDITION.
Jim Landis, 327 Fullerton Avenue,
representing Childrens' Pool Safety
Association, addressed the Council and
stated that he has reviewed the proposed
swimming pool ordinance, and felt some of
the requirements could be more restrictive,
i.e., 4 -sided (isolated) fencing, or 3-
sided fencing with door alarm, or safety
pool cover. He advised that in 1989, 99
children died from swimming pool accidents
in California, with the average age between
2 and 3 years old. He felt the proposed
code should be as "safe- proof" as possible,
and that Newport Beach should set an
example for other Cities in Orange County.
Ray Schuller, Building Director, addressed
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the Council and stated that inasmuch as the
swimming pool regulations were deleted from
the Building Code and placed in the
proposed subject ordinance, said ordinance
must be adopted at this time, or the City
would be without swimming pool fencing
Volume 44 - Page 119
Ord 90 -13
Uniform
Plumbing
Code
1988
(26)
Ord 90 -15
Uniform
Fire Code
1988
(41)
Ord 90 -14
Uniform
Swimming
Pool Code
1988
(26)
•
Motion
All. Ayes
Motion x
Motion
x
Ayes x x
Noes x x
6 Ayes
CITY OF NEWPORT BEACH
MINUTES
Of .
April 9, 1990
Volume 44 - Page 120
requirements. He stated this issue will be
reviewed again at a public hearing before
the Administrative Code Development
Committee in September (of which he is
Chairman); and therefore he could come back
with a report sometime in October. Also,
he indicated in the interim he would be
working with Mr. Landis on the recommended
changes to the swimming pool ordinance.
In view of the foregoing, motion was made
to adopt Ordinance No. 90 -14.
I. CONTINUED BUSINESS:
None.
J. CURRENT BUSINESS:
1. Letter from Council Member Watt, member of
EQA /CAC
the ENVIRONMENTAL QUALITY AFFAIRS, CITIZENS
Earth Day
ADVISORY COMMITTEE, concerning Earth Day,
1990 /Global
1990, and the Global Cities Program.
Cities Prg
(24)
It was noted in the subject letter that to
become a member of the Global Cities
Program, it would cost the City $1,000, for
which the City would receive materials,
seminar information, and a final report.
As of this date, the SPON Steering
Committee has voted to donate preferably
one -third of the money with the City, and
the Chamber providing the balance. If only
one other party is willing, SPON would
share with $500.
Council Member Turner spoke in support of
the Global Cities Program; stated he felt
it was the City's responsibility to pay the
entire $1,000; and therefore, moved to
approve Budget Amendment No. 061, in the
BA -061
amount of $1,000 for Global Cities 1990.
x
Council Member Strauss stated he was also
in favor of the subject program; however,
he felt that SPON and the Chamber should
share one -third of the cost as well, and
therefore, made a substitute motion to
approve an allocation of $333.33 with SPON
and the Chamber providing the same amount.
x
The substitute motion was voted on and
x
FAILED due to a tie -vote.
Council Member Turner's motion was voted on
and carried.
Volume 44 - Page 120
COUNCIL
•
Motion
All Ayes
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CITY OF NEWPORT BEACH
x
MINUTES
April 9, 1990
2. Letter from H.E.G. Enterprises, Inc., H.E.G./
requesting reconsideration of liquor Fisherrt
license denial at FISHERMAN'S RESTAURANT, Rest
NEWPORT PIER (CONTRACT NO. 1901). C -1901
(38)
Recycled report from Executive Assistant,
dated March 26, 1990.
Motion was made to reconsider the subject
request.
Hal Griffith, H.E.G. Enterprises, Inc.,
addressed the Council and stated that when
the Fisherman's Restaurant opened in August
1989, they had a license to sell beer and
wine, and it was his understanding at that
time that once they had proved themselves
"worthy" as a restaurant, they would be
given approval of a full- service liquor
license. He stated that the Fisherman's
Restaurant is not a bar nor a tavern, but a
dining restaurant where alcoholic beverages
are sold as an accompaniment to the meals;
it is very important to the restaurant to
have a variety of beverages available to
the public, whether it be nonalcoholic or
otherwise; all other full - service
restaurants in the area provide hard liquor
and therefore, he felt his request was
justified. He felt he needed a full -
service liquor license for economic reasons
and for continued success of the restaurant
in the future. He advised that he has
restaurants at San Clemente and Oceanside
Piers with full- service liquor licenses.
Council Member Strauss commented that he
felt Mr. Griffith was aware of the City
Council's policy to not sell hard liquor on
the pier when he constructed the new
restaurant; he also felt the pier was a
recreational area with the restaurant being
only secondary; he thought the Council
should not deviate from its past policy on
this issue, and wait until Summer is over
to review this request again.
Mr. Griffith spoke again and discussed
lease provisions regarding alcoholic
beverages; stated it cost $1,200,000 to
construct the restaurant, and since it
opened in August, they have lost $360,000;
reiterated that the bar area is a very
small portion of the restaurant, and that
all alcoholic beverages must be consumed on
the premises.
Tom Hyans, President, Central Newport Beach
Community Association, addressed the
Council in support of the request of Mr.
Griffith. He stated he has spoken with
nine of his Board Members regarding this
Volume 44 - Page 121
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
\LL\\\\ � G April 9, 1990
0
Motion
All Ayes
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x
MINUTES
request, and found that six were in favor,
one against and one member was unable to be Fisherman's
reached. He felt the restaurant is an Rest
asset to the community and a definite
contribution to the McFadden Square area.
Council Member Strauss made reference to
the second paragraph of Section G.
(criminal incidences) in the subject
Amendment to Concession Agreement, and
expressed his desire to have the language
revised.
Hearing no other comments, motion was made
to approve and authorize Mayor and City
Clerk to execute an amendment to the
Concession Agreement to allow: (a)
Assignment from H.E.G. Enterprises, and the
Mertings to H.E.G. Enterprises only; (b) A
full liquor license subject to revision of
the lease provisions regarding alcoholic
beverages by the Pending Legislation and
Procedural Ethics Committee.
Meeting adjourned at 9:32 p.m.
* * * * * * * * * *
The agenda for this meeting was posted on
April 5, 1990, at 8:45 a.m., on the City
Hall Bulletin Board located outside of the
City of Newport Beach Administration
Building.
ATTEST:
Volume 44 - Page 122