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HomeMy WebLinkAbout05/29/1990 - Regular Meeting• Present x x Absent Motion All Ayes Motion All Ayes • • CITY OF NEWPORT BEACH x x x x x x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TINE: 7:00 P.M. DATE: May 29, 1990 Mayor Plummer read a Proclamation in RECOGNIT] OF CITIZENS VOTING DAY, Tuesday, June 5, 1990. Mayor Plummer presented a Proclamation to Jean Kiger, Vice Chairman of the Library Board of Trustees, in recognition of the NEWPORT BEACH PUBLIC LIBRARY CELEBRATING ITS 70TH ANNIVERSARY OF PUBLIC SERVICE ON JUNE 7, 1990. LaVonne Campbell of the Newport Beach Police Department, introduced the five students who were selected to represent their school based on their attitude, ability, and achievement in written expression of the D.A.R.E. PRINCIPLES. Mayor Plummer presented Proclamations to each student and announced that Jamie Montague of Anderson School was the winner of the ESSAY CONTEST. Jamie read her essay in full for the Council. A. ROLL CALL. B. Reading of Minutes of Meeting of May 14, 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 Plummer opened the public hearing and City Council review of an APPEAL BY JACK JAKOSKY from the action taken by the Planning Commission on May 10, 1990, and the conditions imposed on the approval of RESUBDIVISION NO. 926, a request of Jack Jakosky to resubdivide two existing parcels of land into three parcels for commercial purposes on property located at 2500 West Coast Highway in the Mariners Mile Specific Plan Area. The proposal also includes a request to allow one of the proposed parcels to be less than the minimum required site area of 10,000 square feet. An exception to the Subdivision Code is also requested inasmuch as two of the parcels do not abut a street. Report from the Planning Department Appeal application with attachments from applicant. Volume 44 - Page 179 (84) 926 COUNCIL is • CITY OF NEWPORT BEACH MINUTES 29, 1990 The City Manager pointed out that the IResub 926 appellant is specifically appealing the following four (4) Conditions of Approval: "6. That a 7 foot strip of land across the northerly side of the property be dedicated to the public so that the existing driveway can be widened to improve access to the parcels. "7. That the existing drive apron be reconstructed along the West Coast Highway frontage with the City standard flared drive apron per City Std 166 -L. All work shall be completed under an encroachment permit issued by the California Department of Transportation. "9. That 12 feet of right -of -way be dedicated to the public for street and highway purposes along the West Coast Highway frontage; that the existing structure be allowed to encroach until such time as the City widens West Coast Highway; and at that time the City shall pay only the cost of rehabilitating and removing the structure from the public right -.of -way. "14. That the overhead utilities be undergrounded across the West Coast Highway frontage of Parcel No. 2." A map was displayed depicting the parcels in question to be subdivided into three parcels. Discussion ensued with regard to the possible widening of Pacific Coast Highway through the Mariners Mile area. The Director of Public Works responded that this issue has been before the City Council in three different contexts, and to the best of his knowledge, the City Council has never taken an official position opposing the widening of Pacific Coast Highway (PCH) through Mariners Mile area. He further advised that: At the time the Environmental Impact Report (EIR) for the widening of PCH from Bayside Drive to MacArthur Boulevard was considered, the document included study limits that extended to the Arches, thus through Mariners Mile, and that requirement was Volume 44 - Page 180 • • CITY OF NEWPORT BEACH MINUTES 29, 1990 imposed by the Federal Highway Resub 926 Administration inasmuch as Federal Funds were involved in the proposed widening project. The Council, at that time rejected the approval of any EIR that would allow for the widening of PCH through Mariners Mile without further environmental documentation being prepared. Secondly, on two occasions, the Mariners Mile Specific Area Plan has been considered, as well as the General Plan Circulation Element, and on each of those occasions, the Council has affirmed the General Plan designation of a 12 foot widened PCH that would provide for six travel lanes. He stated he would be very concerned that if the designation for PCH would be downgraded to the present four -lane width, he does not believe the City's Circulation and Land Use Elements would be in balance as is now required. The additional traffic in the future that will be utilizing PCH through Mariners Mile is generated more by additional development and redevelopment within Mariners Mile itself than by any other single source. Council Member Cox stated he has been on the Council for 10 years and does not ever remember taking any action that would prohibit the widening of PCH through Mariners Mile, other than what was indicated by the Public Works Director relative to the rejection of a portion of an environmental document. He felt there has always been a plan to widen PCH in the Mariners Mile area. He also felt that one of the most difficult areas in which to comply with the City's Traffic Phasing Ordinance (TPO) is the Mariners Mile area (specifically Riverside Drive and PCH), and if PCH is not widened in this area, then "you cannot comply with the TPO, and as a result, you don't build on the property you own there." Council Member Hart submitted into the record a letter from Ned McCune, owner of a block of property on the south side of PCH between Tustin and Riverside Avenues, protesting the Planning Commission's recommendations imposed on the appellant Jack Jakosky. During discussion, the City Attorney cautioned the City Council that the issue of the widening of PCH through Mariners Mile is not an appropriate subject for the public hearing under consideration at this time, and that the Council is limited to the Resubdivision in question. Volume 44 - Page 181 Sl • • • CITY OF NEWPORT BEACH MINUTES May 29, 1990 Jack Jakosky, appellant, addressed the Resub 926 Council in support of his appeal, and elements of concern, i.e., 1) front and rear dedications; 2) requirement to underground 50 feet of overhead telephone lines; and 3) requirement to widen the existing PCH driveway to meet current City standards. He stated that subsequent to the Planning Commission meeting, he met with the Public Works staff and it was determined that Condition No. 7 be revised to require a one -way drive for Parcel 2. With regard to undergrounding the overhead utilities, he felt it would be difficult to isolate the 50 feet and underground it, as it would necessitate an additional pole and four foot high junction boxes. He explained his reasons for opposing the required dedications and also noted there is no additional density being requested and stated no additional traffic will be generated from the proposed resubdivision. Mr. Jakosky further advised that due to the impracticality of undergrounding 50 feet of overhead telephone line, he has received agreement from adjacent property owners to participate in a pro -rata basis to complete the underground work from Tustin Avenue to just beyond the Waterfront Homes property, with the total lineal footage of undergrounding being 230 feet. In response to question raised by Council Member Cox regarding the requirement for dedication, Mr. Jakosky stated he was opposed to the front and rear dedications, inasmuch as the City is not offering any compensation for the land. He also felt there was not a "definable need" for the dedication, inasmuch as he was not adding additional usage. The Public Works Director, in replying to some of Mr. Jakosky's remarks, explained the map on page 7 of the staff report which exhibits the existing driveway to the rear of the subject property and shows the widths and cross - sections. He also commented that the City purchased an acre of land from CalTrans, purchased additional land for the access road, and constructed the Mariners Mile parking lot utilizing City funds. He felt this project was supported by the property owners in the Mariners Mile area, and that the City has been very fair in the commitments it has made and the money it has spent in this area, all of benefit to the property owners. He also felt the relatively "modest" dedications being required by the City are in conformance with the City's Volume 44 - Page 182 MEMBERS Motion All Ayes PA CITY OF NEWPORT BEACH MINUTES 29, 1990 General Plan in the case of PCH, and are Resub 926 also in conformance with the reasonable function that is necessary to be served in the case of the property to the rear. He also displayed photographs showing the existing 15 parking spaces, which shall remain, and pointed out that the proposed 26 foot access road width can be maintained without loss of the existing 15 parking spaces. Following a lengthy discussion among the Council and staff, persons wishing to address the Council on this issue came forward at this time. Sid Soffer, 900 Arbor Street, Costa Mesa, spoke in support of compensating the applicant for the property needed for dedication purposes. Dickson Schaeffer, owner of property at 2510 and 2530 Pacific Coast Highway, to the west of the applicant's property, addressed the Council and read a prepared statement in favor of Mr. Jakosky's request. Ernie Liske, 1200 Dover Drive, also spoke in support of the appellant, and stated he felt Mr. Jakosky should be given some "relief" with regard to the dedication requirements. Hearing no others wishing to address the Council, the public hearing was closed. Following consideration, motion was made by Council Member Hart as follows: Condition No. 7 is approved as revised in the staff report of Public Works. Conditions Nos. 6 and 9 are modified as follows: That applicant agrees in writing to dedicate an easement over a 1 -1/2 foot strip of land across the northerly side of the property for public access purposes; to dedicate an easement of 5 -1/2 feet for sidewalk purposes across the northerly side of the property; and a 12 foot wide strip of land along the West Coast Highway frontage as street right -of -way subject to the following: 1. That the applicant's obligation to dedicate any specific strip of land is contingent upon written notice from City of its intent to improve the area to Volume 44 - Page 183 CITY OF NEWPORT BEACH COUNCIL MEMBERS r ALL May 29, 1990 • MINUTES be dedicated within 180 days. Resub 926 Written notice may not be given by City until improvement plans have been completed and funding for the project has been approved by appropriate agencies. 2. Applicant's obligation to dedicate the 12 foot strip along Coast Highway shall remain in effect for 10 years from the date the agreement is executed and, if no dedication is required within that time, applicant shall have no obligation to dedicate. 3. Applicant's obligation to dedicate the 1 -1/2 foot strip for public access purposes and /or the 5 -1/2 foot strip for public sidewalk purposes shall remain in effect for a period of 5 years from the date the Agreement is executed, and if no dedication is required within that period, applicant shall have no obligation to dedicate the land. 4. The obligation to dedicate shall be binding on successors in interest and shall be noted on the parcel map. 5. Existing structures shall be allowed to encroach into the area to be dedicated until such time as removal is required due to construction of the improvements. (The term "improvements" shall include buildings, structures, driveways, sidewalks, etc.) City shall pay all costs associated with removal of the encroachment and restoration of the remainder of the structure or improvements. 6. The buildable area of the site shall include the 5 -1/2 foot strip of land to be dedicated for sidewalk purposes. Volume 44 - Page 184 u Motion All Ayes • Motion All Ayes Motion All Ayes • x x x CITY OF NEWPORT BEACH MINUTES May 29, 1990 2. Mayor Plummer opened the public hearing Vacation/ regarding VACATION AND ABANDONMENT OF A Abandm PORTION OF AN EASEMENT FOR SEWER AND PUBLIC 1504/1508 UTILITY PURPOSES crossing lots 41 and 42 of Bal Ave Tract No. 742, located at 1504 and 1508 (90) Balboa Avenue, Little Balboa Island. Report from Public Works Department. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to (a) adopt Resolution No. Res 90 -48 90 -48 ordering vacation and abandonment of a portion of an easement for sewer and public utility purposes in Lots 41 and 42 of Tract 742 as shown in the exhibit; and (b) direct the City Clerk to record subject resolution with the Orange County Recorder. E. PUBLIC COMMENTS: Robert McCarthy, contractor for the William PW /F -4(f) Brown residence at 127 Crystal, Balboa Island, discussed the Council Policy requiring newly constructed driveway entrances being accessible from the alley. He stated that Mr. Brown has written a letter to the City Council and it is Item F -4(f) on tonight's agenda. The City Manager advised that the recommended action on the agenda is to refer Mr. Brown's letter to the Public Works Department for response; however, if the applicant wants to make access from the public street rather than the alley, then a report will be needed from the Public Works Department and approval by the City Council. Motion was made to refer the foregoing matter to the Public Works Department for response. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed. 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on June 11, 1990: (a) Proposed ORDINANCE NO. 90 -28, being, Ord 90 -28 Utilities AN ORDINANCE OF THE CITY (89) COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE NO. 89 -42 OF THE NEWPORT BEACH MUNICIPAL CODE SECTION 15.55.030, ADDING A PORTION OF Volume 44 - Page 185 ROLL • 0 • CITY OF NEWPORT BEACH May 29, 1990 I W .MINUTES THAT AREA KNOWN AS NEWPORT TOWNHOMES TO THE METHANE GAS HAZARD MITIGATION ZONE. (Report from Utilities Department) (b) Proposed ORDINANCE NO. 90 -29, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE PROVISIONS OF CHAPTER 17.30 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TAX EXEMPT VESSELS. (Report from the City Attorney) RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar. (b) Resolution No. 90 -49 declaring the City's intention to participate in the "GREEN ACRES PROJECT" RECLAIMED WATER PROJECT PARTICIPATION NEWPORT BEACH EXTENSION - PHASE i, in cooperation with the ORANGE COUNTY WATER DISTRICT (OCWD) for the purpose of water conservation; authorize staff to negotiate an agreement for project participation with the Orange County Water District and to draft an ordinance for administration of the project and sale of reclaimed waste water through the project facilities; agreement and ordinance subject to final approval by the City Council; and adopt the standard "Rules and Regulations for the use of reclaimed water," as published by the Orange County Water District. (Report from Utilities Department) CONTRACTS /AGREEMENTS: (a) Approve and authorize Mayor and City Clerk to execute MARINAPARK MOBILE HOME PARK MANAGEMENT CONTRACT NO. 1832, between the City and Norbert and Mabel Reinhart, effective July 1, 1990. (Report w /agreement from Executive Assistant) (b) Approve Agreement with COUNTY OF ORANGE ARTERIAL HIGHWAY FINANCING PROGRAM (AHFP) PROJECT ADMINISTRATION AGREEMENT FOR THE WIDENING OF NEWPORT BOULEVARD 32ND STREET TO PACIFIC COAST HIGHWAY (CONTRACT N0. 2642); authorize Mayor and City Clerk to execute subject agreement. (Report from Public Works Department) Volume 44 - Page 186 Ord 90 -29 Harbor Regs (51) Res 90 -49 Utilities/ Green Acres (89) MHm Park/ Reinhart C -1832 (38) /C AHFP/ 2nd St - CH Widng (38) G\ \Z F� CITY OF NEWPORT BEACH May 29, 1990 MINUTES (c) Authorize the City Manager to execute U.S. Govt/ Right -of Entry Permits to the U.S. Corp Engrs Government (Corps of Engineers) for Hamilton the SANTA ANA RIVER MAINSTEM FLOOD Aprsr /SAna • CONTROL PROJECT/RIGHT -OF -ENTRY FOR Rvr Mainstm CONSTRUCTION ON CITY PROPERTY AND Flood Cntr APPRAISAL OF CITY -OWNED PROPERTY C -2821 (TRACT 105 OXBOW LOOP; TRACT 101, (38) 107, 1001 -2 AND 111 E [OLD TREATMENT PLANT SITE AND ACCESS]); authorize the City staff to retain George Hamilton Jones, Inc., appraisal consultants to appraise City treatment site property; and approve a budget amendment in the amount of $42,500. (Report from Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To Traffic Affairs Committee for TAC response, letter from Mr. and Mrs. D. (85) G. Borthwick concerning PAINTED RED CURBS IN NEWPORT SHORES. (b) To Police Department for response, PD /Towg letters dated May 9, 11, 18, (with (70) two letters and attachments) from Jim Fournier concerning TOWING /IMPOUNDING • OF CARS. (c) To Police Department for response, PD letter from Eric Askew concerning (70) OUTRIGGER CANOE RACES AND ALLEGED DRINKING. (d) To Public Works for reply, letter PW from Gordon H. Parsons with (74) suggestions for more stringent BICYCLE RIDING REGULATIONS. (e) To Parks, Beaches and Recreation PB &R Department for response, letter from (62) Jill and Michael Bayer APPEALING PARKWAY TREE DECISION AT 3128 ,OCEAN BOULEVARD. (f) To Public Works Department for PW response, letter from William Brown, (74) 127 Crystal, Balboa Island, concerning BALBOA ISLAND POLICY REQUIRING NEWLY CONSTRUCTED GARAGES BE ACCESSIBLE FROM THE ALLEY. (g) To Public Works for response, letter PW • from Alan L. Blum with suggestions (74) concerning OCEAN FRONT ENCROACHMENTS. Volume 44 - Page 187 CITY OF NEWPORT BEACH MINUTES May 29, 1990 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) Pamela Clancy for personal injuries Clancy while as a passenger in vehicle driven by Theodore Cernak, collided with third party vehicle at the intersection of Jamboree and Pacific Coast Highway on December 10, 1989. (b) Theodore Cernak for personal injuries Cernak and property damage as a result of accident on December 10, 1989, at Pacific Coast Highway and intersection of Jamboree Road, with Stephen Love, who was driving northbound on Pacific Coast Highway. (c) LaVerne de Is Cierva for property de Is damage to her wheel, hub cap and tire Cierva as a result of hitting unmarked island in the middle of 30th Street and Newport Boulevard on April 6, • 1990. (d) William L. Palmer, III alleging Palmer,III employee hit his parked vehicle at Island Avenue across from the City Library on May 14, 1990. (e) William Perez alleging damage to his Perez vehicle as a result of guard gate striking his car at Corona del Mar State Beach parking lot on May 5, 1990. (f) Application for Leave to Present Late Johnston Claim - Frank Johnston alleging punitive damages, pain and suffering, medical expenses, property damage, etc., sustained on June 10, 1989, against the Newport Beach Police Department. (Report from City Attorney) (g) Irini and Robert Rickerson for Rickerson general damages, medical expenses, property damages, loss of earning, loss of consortium, and mental suffering, as a result of accident on • February 2, 1990, at intersection of Pacific Coast Highway and Jamboree. Volume 44 - Page 188 CITY OF NEWPORT BEACH MINUTES May 29, 1990 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: • (a) Norman James Davis for damages; etc., Davis Orange County Superior Court, Case No. 552745. Claim was denied by the . City Council on September 28, 1987. (b) Bill Ray Robinson for mental and Robinson emotional distress and trauma and punitive damages, Orange County Superior Court, Case No. 623457. Claim was denied by City Council on April 23, 1990. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (a) Two Police Officers, Police Department. (b) Two Refuse Worker I's. (c) One Animal Control Officer, Police Department. (d) One Utilities Specialist II, Utilities Department, Water Division. • (e) One Librarian, Library Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Removed from the Consent Calendar. (b) Report from Public Works - Traffic . Council Engineering concerning CITY COUNCIL Policy L -13 POLICY L -13, "ROAD BUMPS." (69) For Council information and filing: (c) Report to the City Manager regarding Planning ACTIONS TAKEN BY THE PLANNING (68) COMMISSION ON MAY 10, 1990. 10. PUBLIC HEARING SCHEDULING - June 11, 1990: (a) PLANNING COMMISSION AMENDMENT NO. 710 PCA 710 - Request by THE BAL.DWIN COMPANY to (94) amend the Corporate Plaza Planned Community Development Plan so as to raise the approved pad elevation on Site No. 8 from Elevation 126 to • Elevation 128. (Report from the Planning Department) (b) 1990 -91 ANNUAL BUDGET - Pursuant to 190 -91 FY Section 1102 of the Newport Beach Budget City Charter. (40) Volume 44 - Page 189 • • • MEMBERS CITY OF NEWPORT BEACH MINUTES 29, 1990 11. RESUBDIVISION NO. 887 - Accept Offer of Resub 887 Dedication of MacArthur Boulevard and (84) Avocado Avenue as shown on Parcel Map 88- 163, located at 1550 Avocado Avenue. (Report from the Public Works Department) 12. INSPIRATION POINT AND LITTLE CORONA OVERLOOKS /CURB ACCESS RAMP CONSTRUCTION IN EASTBLUFF AND HARBOR VIEW HILLS /SIDEWALK CONSTRUCTION IN CORONA DEL MAR (CONTRACT NO. 2748) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on June 14, 1990. (Report from the Public Works Department) 13. VARIANCE NO. 1139 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Variance No. 1139, located at 2717 Shell Street in China Cove; and authorize the City Clerk to release the Faithful Performance Bond (Certificate of Deposit No. 032036 in the amount of $3,000). (Report from the Public Works Department) 14. RESUBDIVISION NO. 893 - Approve a Subdivision Agreement guaranteeing Completion of the public improvements required with Resubdivision No. 893, located at 3114 West Ocean Front and 32nd Street, in West Newport; and authorize the Mayor and City Clerk to execute subject agreement. (Report from the Public Works Department) 15. RESUBDIVISION NO. 913 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 913, located at 700 Begonia Avenue, Corona del Mar; authorize the Mayor and City Clerk to execute the agreement; and accept the Offer of Dedication of a 10 foot radius corner cutoff at the corner of Fourth Avenue and Begonia Avenue. (Report from the Public Works Department) Inspr Pt/ LtCorona/ Curb Aces Rmp /Hrbr Vu Hls Sdwlk C -2748 (38) Variance 1139 (91) Resub 893 (84) Resub 913 (84) 16. 1989 -90 STREET AND MISCELLANEOUS SLURRY 189 -90 St/ SEAL PROGRAM (CONTRACT NO. 2785) - Approve Misc Slry the plans and specifications; and authorize Seal Prg the City Clerk to advertise for bids to be C -2785 opened at 11:00 a.m., on June 13, 1990. (38) (Report from the Public Works Department) Volume 44 - Page 190 \S • • CITY OF NEWPORT BEACH MINUTES May 29, 1990 17. TRAFFIC SIGNAL INTERCONNECTION - IRVINE AVENUE FROM WESTCLIFF DRIVE /17TH STREET TO ORCHARD DRIVE [CONTRACT N0. 28151 - Approve plans and specifications; affirm Negative Declaration; and authorize the City Clerk to advertise for bids to be opened at 9:00 a.m., on June 15, 1990. (Report from Public Works - Traffic Engineering) 18. TRAFFIC SIGNAL INTERCONNECT ON SAN JOAQUIN HILLS ROAD FROM JAMBOREE TO SPYGLASS HILL ROAD [CONTRACT NO. 28161 - Approve plans and specifications; affirm Negative Declaration; and authorize the City Clerk to advertise for bids to be opened at 10 :00 a.m., on June 15, 1990. (Report from Public Works- Traffic Engineering) 19. TRAFFIC S17GNAL INTERCONNECT ON JAMBOREE ROAD FROM BAYVIEW WAY TO BIRCH STREET [CONTRACT N0. 2817] - Approve plans and specifications; affirm Negative Declaration; and authorize City Clerk to advertise for bids to be opened at 11:00 a.m., on June 15, 1990. (Report from the Public Works- Traffic Engineering) 20. USE PERMIT NOS. 3365 AND 3377 - Approve a Use Permit Agreement guaranteeing completion of the public improvements required with Use Permit Nos. 3365 and 3377; authorize the Mayor and City Clerk to execute the agreement; and accept the Offer of Dedication of a six foot wide pedestrian access easement along the entire water frontage of the subject properties. (Report from the Public Works Department) 21. LEGAL PUBLICATIONS FOR FY 1990 -91 - City Clerk to publish a Notice Inviting Bids to be received on or before the hour of 4:00 p.m., on June 15, 1990, for 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. Irvine Ave/ Wstclf Dr/ 17th St- Orchard Trfc Sgnl C -2815 (38) SJoaquin Hls Rd /Jamb, Spygls Trfc Sgnl C -2816 (38) Jamb Rd/ Bayds -Birch Trfc Sgnl C -2817 (38) U/P 3365 6 3377 (88) 22. SPECIAL EVENTS APPLICATIONS - Approve the Permits/ following applications, subject to Spcl Evnts conditions listed in the staff reports: (65) (Reports from Business License Supervisor) (a) APPLICATION NO. 90 -130 - Maui Apli 90 -130 and Sons Surfing Contest, 53rd to 56th Streets, June 9 - 10, 1990, from .7:00 a.m. - 5:00 p.m. Volume 44 - Page 191 ICCIL VN • • CITY OF NEWPORT BEACH May 29. 1990 MINUTES (b) APPLICATION NO. 90 -132 - Joseph Prudhomme, amplified sound in residential area for Birthday Celebration, 3725 Ocean Boulevard, June 9, 1990, 6:00 p.m. - 1:00 a.m.; "no amulification after 10:00 n.m." 23. BUDGET AMENDMENTS - For approval: BA -066, $3,023.88 - Transfer in Budget Appropriations for portable lifeguard stands for Marian Bergeson Aquatic Center; Parks, Beaches and Recreation Fund. BA -067, $1,000 - Increase in Budget Appropriations and Revenue Estimates for June 3rd Celebration Walk (donation from Friends of the NBPL and Newport Beach Conference and Visitors Bureau); Library Fund. BA -068, $42,500 - Decrease in Unappropriated Surplus to provide for appraisal and cleanup necessary to negotiate the sale of City -owned property to the U.S. Government in conjunction with the construction of the Santa Ana River Mainstem Flood Control; Public Works - Engineering Fund. (Refer to report with agenda item F -3(c)) BA -069, $19,132 - Decrease in Unappropriated Surplus to provide for replacement of traffic paint truck that was involved in a traffic accident and damaged beyond repair; General (Traffic, Signs and Markings) Fund. G. ITEMS RENOVED FROM THE CONSENT CALENDAR: Report from Public Works /Traffic Engineering concerning proposed resolution requiring VEHICLES ON BALBOA BOULEVARD TO STOP at the following intersections: "E" Street, 10th Street, Island Avenue, 18th Street, 35th Street,-and 42nd Street; and direct staff to install high visibility type crosswalks at all locations crossing Balboa Boulevard as well as at new crosswalks to be located at 34th, 35th, 36th, 40th„ 42nd, and 44th Streets. These crosswalks are to be repainted frequently to maximize their visibility or installed with materials of superior longevity and brightness. Council Member Turner requested that when this item is returned to the Council on June 11, 1990, the staff include a copy of the Austin -Foust study relative to this issue. Volume 44 - Page 192 Apli 90 -132 (25) Traffic/ Vehicles Stn Bal B1 CITY OF NEWPORT BEACH OUNCIL MEMBERS A LL May 29, 1990 Motion All Ayes Motion All Ayes • Motion All Ayes • x x MINUTES Mayor Plummer advised that at the request of Police Chief Campbell at the study session this afternoon, it is recommended this item be deferred until June 11, 1990, in order that the Chief can meet with the Traffic Affairs Committee to express his concerns as to the proposed placement of the stop signs. Motion was made to defer action on this item to June 11, 1990. Report from the Planning Department regarding the ANNUAL RENTAL VACANCY RATE SURVEY AND SUPPLEMENTAL REPORT. Motion was made to refer this item to the June 11, 1990 study session. ORDINANCES FOR ADOPTION: Proposed ORDINANCE NO. 90 -24, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAPS 2, 3, 6, 9, 11, 12, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 32, 37, 46, 50 AND 52, TO RECLASSIFY SPECIFIC LOTS CITYWIDE FROM THEIR CURRENT ZONES OF C-0-H, C -1 -H, U, U -MHP, R -2, R -3, R -3 -B, R-3-NIP, R- 3 -SPR, R -4, SP -6, SP -6 (R -4), SP -6 (R -3), AND SP- 6(R-2) TO MFR, MFR -B, MFR -MHP, MFR - SPR „ AND SP -6 MFR AND AMENDING THE CANNERY VILLAGE/MCFADDEN SQUARE SPECIFIC PLAN (SP -6) TO INCLUDE A MULTI - FAMILY RESIDENTIAL (MFR) ZONING DISTRICT, AN R -1 ZONING DISTRICT AND AMEND THE R -2 ZONING DISTRICT AND COMMERCIAL DEVELOPMENT STANDARDS OF SP -6. (Planning Commission Amendment No. 698) Recycled report dated May 14, 1990, from the Planning Department. Motion was made to adopt Ordinance No. 90 -24. Proposed ORDINANCE NO. 90 -26, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.065 OF THE NEWPORT BEACH MUNICIPAL CODE PROVIDING FOR AN INCREASE IN THE SEWER USE CHARGE FROM A BASIC FEE OF $3.55 PER MONTH TO $3.90 PER MONTH WITH PROPORTIONATE INCREASES FOR ADDITIONAL UNITS EFFECTIVE JULY 1, 1990. Volume 44 - Page 193 Planning/ Rental Vacancy Rt (68) Ord 90 -24 Zoning (94) PCA 698 Ord 90 -26 Utilities/ Swr Use Chg Incr (89) �S CITY OF NEWPORT BEACH May 29, 1990 MINUTES Recycled report dated May 14, 1990, from the Utilities Department. • The City Manager advised that the proposed increase would be used to modify and remodel 24 sewer lift stations over an estimated 6 to 10 year period. Council Member Sansone pointed out the following information: That the Sewer Program Reserve Fund needs to be established now due to two sewer lift stations on Balboa Island, which are in need of repair, etc. The sewer use rates cover three types of users, i.e., hotels, _ hospitals and residential, and the Utilities Committee has requested the staff to investigate as to the "fairness" of these rates, as it appears there are some types of users who should not be charged residential rates. It is hoped by the end of the year to have a method whereby sewer usage will be based upon water usage, which is currently being done in a number of municipalities throughout the State. Motion x Motion was made to adopt Ordinance No. All Ayes 90 -26. • I. CONTINUED BUSINESS: 1. Report from the City Manager dated May 14, Library/ 1990 concerning LAND EXCHANGE AGREEMENT AND Lnd Exchg TRANSFER AGREEMENT FOR CENTRAL LIBRARY. & Tsfr Agms (50) Report from City Attorney. The City Manager advised that the Library Exchange Agreement has been slightly modified since the last Council meeting, and inasmuch as Council Member Strauss is not in attendance, he thought some Council Members may wish to defer action on this item to June 11, 1990. The City Attorney and City Manager briefly outlined the minor changes in the Exchange Agreement as a result of the May 14 City Council meeting, following which Debbie Allen, 1021 White Sails Way, addressed the Council and discussed with staff her concerns regarding the Library land swap. Dave Dmohowski of The Irvine Company, addressed the Council in response to question raised by Council member Watt, and stated that the sole and absolute discretion has to do with whether or not the square footage gets transferred, and what happens to the square footage once it lands on any particular site. This square Volume 44 - Page 194 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES A May 29, 1990 footage is then subject to the normal City review process as far as zoning, parcel map, including conditions which may come out of any traffic study. In essence, the City's discretion isn't really limited once the square footage lands somewhere; however, The Irvine Company would like to have the ability to say "yes or no," as to where it would go. Motion x Following comments by Council Member Watt, All Ayes motion was made to defer action to June 11, 1990, on items I -1, (Land Exchange and Transfer Agreements for the Central Library) I -2, and I -3 below: 2. Report dated May 14, 1990 from the Public Library Works Department concerning CENTRAL LIBRARY (50) ARCHITECTURAL AGREEMENT with Simon Martin- Vague Winkelstein. 3. BA -064 for $827,730 - To provide fees for Library ARCHITECTURAL AGREEMENT /CENTRAL LIBRARY. (50) 4. Proposed resolution with report from City Librarain, dated May 14, 1990, concerning GRANT FROM THE CALIFORNIA STATE LIBRARY FOR THE NEW CENTRAL LIBRARY. Motion x Motion was made to adopt Resolution No. Res 90 -50 yes 90 -50 authorizing the City Manager to APPLY FOR A GRANT FROM THE CALIFORNIA STATE LIBRARY FOR LIBRARY . SERVICES AND CONSTRUCTION ACT TITLE II FUNDS IN THE AMOUNT OF $1,000,000, FOR THE NEW CENTRAL LIBRARY. J. CURRENT BUSINESS: 1. Report from Planning Department concerning EIR /Corp ENVIRONMENTAL DOCUMENT FOR THE CORPORATE Plaza Strm PLAZA STORM DRAIN PROJECT. Drn /Plug (68) Motion x Motion was made to defer action on this All Ayes item to June 11, 1990, as requested by The Irvine Company and the homeowners association in the subject area. Meeting adjourned at 9:55 p.m. tk 7Y * fF 7k Ye W 7k Yt Yt tY tY The agenda for this meeting was posted on May 10, 1990 at 8:05 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTE T: City Clerk Sc Volume 44 - Page 195