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Home My WebLink About01/28/1991 - Regular MeetingROLL CRLL Present x x x Absent Motion All Ayes Motion All Ayes • / 1 J x X CITY OF NEWPORT BEACH MINUTES REGULAR COUNCIL MEETING \\DATE: JanuaryM28,, 11991 xi x X A. ROLL CALL. Mayor Sansone noted for the record that Council Member Plummer was in Sacramento on business and excused from this meeting. B. Reading in full of Minutes of Meeting of January 14, 1991, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. ffu 1 HEARINGS: Mayor Sansone opened the public hearing regarding PROPOSED ORDINANCE NO. 91 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 9 SO AS TO ESTABLISH A FRONT YARD SETBACK OF 19 FEET ON LOTS 10 -13, BLOCK 114, TRACT NO. 234 (200 -206 15TH STREET). THE PROPOSAL ALSO INCLUDES A REQUEST TO AMEND A PORTION OF DISTRICTING MAP NO. 11 SO AS TO ESTABLISH A FRONT YARD SETBACK OF 5 FEET ON THE FOLLOWING LOTS: LOTS 9 -12, BLOCK 3, BALBOA TRACT AND PARCELS NO. 1 AND 2, PARCEL MAP 99 -12 (404 -416 EAST BALBOA BOULEVARD) AND LOTS 10 -12 AND LOT 18, BLOCK 2, NEWPORT BAY TRACT (301 AND 313 -317 EAST - BALBOA BOULEVARD). (Planning Commission Amendment No. 719) Report from the Planning Department. Frank Ioffrida, owner of 408 -410 E. Balboa Boulevard, addressed the Council and requested clarification of the proposed amendment. In response to the above, it was noted that when Ordinance No. 1484 and Ordinance No. i 89 -34 were prepared, the front yard setbacks for the three blocks rezoned from the C -1 District to the R -2 District were not addressed, and are not specified on the Districting Maps. The R -2 District requires a 20 foot front yard setback, except as may be otherwise indicated on the Volume 45 - Page 26 91 -1 (94) PCA 719 • Motion All Ayes Motion All Ayes 0 • X x CITY OF NEWPORT BEACH MINUTES January 28, 1991 Districting Map. Since there are no front yard setbacks indicated on the Districting Maps for the four subject blocks, any new development: would have to conform to the 20 foot front yard setback established by the R -2 District. Considering that many of the properties in the affected blocks are already developed with less than 20 foot front yard setbacks, and that the everage front yard setback along Balboa Boulevard is 5 feet, the proposed front yard setbacks are as enumerated in the staff report. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made to adopt Ordinance No. 91 -1. IE. PUBLIC COMMENTS: None. IF. CONSENT CALENDAR: IThe following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on February 11, 1991: (a) Proposed ORDINANCE No. 91 -4, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.14 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO AMBULANCE REGULATIONS. [Report from the Fire Chief] 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -9, amending Resolution No. 89 -26 establishing the City Council Ad Hoc Transportation Management /Air Quality Management Plan Coordination Committee, changing the name, purpose, and responsi- bilities of the Committee. [Report from Planning Department] Volume 45 - Page 27 INDEX Ord 91 -4 Ambulance Regs (27) Cncl /Citz Ad Hoc Trnsp Hgm /Air Qlty Mgm Pln Cmte Res 91 -9 (24) COUNCIL MEMBERS CITY OF NEWPORT BEACH January 28, 1991 (refer to agenda item action). (e) Resolution No. 91- participation in thi INVESTMENT FUND. [. Finance Director] (f) Resolution No. 91- participation in t1 COUNTY INVESTMENT FI report w /agenda item 3. CONTRACTS /AGREEMENTS: (a) Approve the HAU] CONTRACT FOR INERT 'WESTERN WASTE I! . authorize the Mayor a execute subject con from General Service (b) Approve AMENDMENT AGREEMENT (CONTRACT ENTERPRISES) FOR N . permit the OPERATI PASSENGER TRAM. [Re, City Manager] (c) Authorize the City M AN AGREEMENT BY SUBS. P. SEGASER for Bret temporary parttime provide constructior engineering services NEWPORT BOULEVARD STREET TO COAST HI NOS. 2642(F) AND • authorize a COMPEN FROM $35 TO $40 PE INSPECTOR. [Report ! Department] Volume 45 - Page 28 Ac- �'or;l C-f E. ( "" reestablishing .TEN FOR USE IN LOTS AND OFF- ER ZONES, AND ON NO. 89 -138. Works /Traffic )nsent Calendar G -1 for Council )nsent Calendar G -1 for Council 13 authorizing i ORANGE COUNTY teport from the 14 authorizing is LOS ANGELES WD. (Refer to F-2(e)) ING AGREEMENT MATERIALS WITH DUSTRIES; and nd City Clerk to tract. [Report a Director] TO CONCESSION NO. 1901 /HEG :WPORT PIER to )N OF A SMALL fort from Deputy :nager to MODIFY =UTING RAYMOND C. Arnesen as a inspector to management and i necessary for WIDENING/ 32ND GHWAY (CONTRACT 2642(0)); and ;ATION INCREASE R HOUR FOR THE rom Public Works =X Traffic/ Parking Permit Sys Res 91 -10 (85) Finance Res 91 -13 (40) Finance Res 91 -14 (40) Hauling Inert Mat/ Western Waste Indus C -2847 (38) HEG Enterp/ VtPr Cncsn Agm /Tram C -1901 (38) Npt B1 Wdng 32nd -PCH C- 2642(F &G) (38) (b) Resolution No. 91 -1C a PARKING PERMIT SY: CERTAIN CITY PARKIN( STREET PARKING MET RESCINDING RESOLUTE • R [Report from Public Engineering) (c) Removed from the O (refer to agenda item action). (d) Removed from the Volume 45 - Page 28 Ac- �'or;l C-f E. ( "" reestablishing .TEN FOR USE IN LOTS AND OFF- ER ZONES, AND ON NO. 89 -138. Works /Traffic )nsent Calendar G -1 for Council )nsent Calendar G -1 for Council 13 authorizing i ORANGE COUNTY teport from the 14 authorizing is LOS ANGELES WD. (Refer to F-2(e)) ING AGREEMENT MATERIALS WITH DUSTRIES; and nd City Clerk to tract. [Report a Director] TO CONCESSION NO. 1901 /HEG :WPORT PIER to )N OF A SMALL fort from Deputy :nager to MODIFY =UTING RAYMOND C. Arnesen as a inspector to management and i necessary for WIDENING/ 32ND GHWAY (CONTRACT 2642(0)); and ;ATION INCREASE R HOUR FOR THE rom Public Works =X Traffic/ Parking Permit Sys Res 91 -10 (85) Finance Res 91 -13 (40) Finance Res 91 -14 (40) Hauling Inert Mat/ Western Waste Indus C -2847 (38) HEG Enterp/ VtPr Cncsn Agm /Tram C -1901 (38) Npt B1 Wdng 32nd -PCH C- 2642(F &G) (38) COUNCIL MEMOS ROLL CRLL • • • CITY OF NEWPORT BEACH MINUTES January 28, 1991 (d) Approve AGREEMENT WITH THE COUNTY OF ORANGE FOR SLURRY OF IRVINE AVENUE BETWEEN BRISTOL STREET AND ORCHARD DRIVE, and authorize the Mayor and City Clerk to execute subject agreement. [Report from Public Works Department] (e) Authorize the Mayor and City Clerk to execute the MODIFICATION AGREEMENT WITH ROBERT BIEN, WILLIAM FROST AND ASSOCIATES FOR CONSTRUCTION ENGINEERING OF COAST HIGHWAY (CONTRACT NO. 2591). [Report from Public Works Department] (f) Authorize the Mayor and City Clerk to execute a CONSULTANT AGREEMENT WITH DAVE TRANSPORTATION SERVICES, INC., to perform a CITY -WIDE TRANSIT NEEDS AND IMPLEMENTATION ANALYSIS; and approve a budget amendment in the amount of $41,000 to fund subject analysis. [Report from Public Works /Traffic Engineering] 4. COMMUNICATIONS - For referral as indicated: (a) To Fire Department for response, letter with 54 signatures from residents in Corona del Mar, and letters from Bonnie Nolan, Richard L. Raulston, Lothar and Renate Tries, and Virginia Blackman and Janet Hosack in opposition to Resolution No. 90 -116 Declaration of Public Nuisance Fuel Load Modification for BUCK GULLY. Note: After agenda was printed additional letter in opposition to Resolution No. 90 -116 was received from Dr. and Mrs. John Matthews. (b) To Planning Department for reply, letter from Alan L. Blum requesting immediate action to cease permission to BUILD in the City that would attract more population as a deterrent in light of the WATER SHORTAGE. (c) To Public Works Department for reply, letter from Charles and Catherine Blair in opposition to proposed EXTENSION OF SIDEWALK -BIKE PATH ON THE OCEAN FRONT. Volume 45 - Page 29 0/C Slurry Irvine Ave/ Btw Bristol & Orchard Dr C -2848 (38) PCH Cnstr/ Engr /Bien & Frost C -2591 (38) Cty -Wide Trnst Needs/ Impl Anlys DAVE Trnsp C -2849 (38) Fire Dpt/ Buck Gully (41) Planning (68) PW (74) • • • CITY OF NEWPORT BEACH MINUTES January 28, 1991 (d) To Parks, Beaches and Recreation Department for inclusion in the records, letter of appreciation and thanks from Dover Shores Community Association for correcting the trees and bush overgrowth in the MINI - WESTCLIFF PARR. (e) To staff for reply, letter from E. P. Benson, concerning CLOSURE OF BACK BAY DRIVE. (f) To staff for response, request from Harold and Wilma Siler for consideration of ANNEXATION OF SANTA ANA HEIGHTS as a top priority for fiscal year 1991. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Baxter - Griffith Company, Inc., seeking indemnity from claim filed as a result of accident on Coast Highway and Jamboree Road from Jacobsen, et al., on March 12, 1990. (b) Jackie and Darryl Bosse for property damage as a result of vehicle hitting pothole in the middle of the street at Pacific Coast Highway and Superior Avenue on January 3, 1991, thereby damaging tire. (c) Karen Carlson alleging damage to garage and personal property as a result of sewer backup on December 23, 1990 at 2616 Cove Street. (d) Shirley Green alleging damage to tire as a result of hitting large pothole on Pacific Coast Highway between Prospect and Balboa Boulevard on January 3, 1991. (e) Joi Dell Hurd alleging City Refuse Truck backed into house at 304 S. Bay Front on January 18, 1991, damaging molding. (f) Theodore Mortenson seeking indemnification from claim filed by Steiler vs. City of Newport Beach. Volume 45 - Page 30 1011 PB &R (62) Traffic Engr (85) Annex /SA Heights (21) (36) Baxter - Griffith Bosse Carlson Green Hurd Mortenson CITY OF NEWPORT BEACH 14161IIE "M �o ROLL C January 28, 1991 ,lam WAM Volume 45 - Page 31 (g) David Pyle /Mercury Insurance Company Pyle /Mercui alleging City vehicle backed into Ins. claimant's vehicle in alley behind residence at 530 Santa Ana Street on • December 28, 1990. (h) Louis Rodriguez alleging damage to Rodriguez tires as a result of hitting deep holes on Pacific Coast Highway near Balboa Boulevard during rain on January 3, 1990. (i) Roger Steffens seeking Steffens - indemnification from claim filed by Brian R. and Ingrid Hill (Campus Drive on January 10, 1990). (j) Western Skylines Development, Inc., Western alleging damage to building by City Skylines tree roots at 3536 E. Coast Highway Development on November 7, 1990. (k) Desiree Wilson alleging personal Wilson injuries as a result of traffic accident at 23rd and Tustin Avenue on December 2, 1990. • 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral (36) to the claims adjuster: (a) Barbara Cosanella for personal Cosanella injuries, Orange County Superior Court, Case No. 561543. Claim was denied by City Council on June 27, 1988. (b) Barbara Kane for First Amended Kane Complaint for Damages, Negligence, City Liability, Orange County Superior Court, Case No. 63- 72- 72 -34. Claim was denied by City Council on May 14, 1990. (c) Waterfront Enterprises, Inc., Cross Waterfront Complaint for Declaratory Relief for Enterprise: Indemnity and Contribution against Cross- Defendant McCarty Construction for injury and damage, etc., on or about May 8, 1988. S. REQUEST TO APPROVE /FILL PERSONNEL • VACANCIES: None. Volume 45 - Page 31 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL � \\ January _28, 1991 • • • 9. STAFF AND COMMISSION REPORTS - For Council information and approval: MINUTES (a) Memorandum from Finance Director concerning Revised INVESTMENT POLICY - COUNCIL POLICY F -1. (b) Recycled report dated January 14, 1991 from Parks, Beaches and Recreation regarding CLOSURE OF BOLSA AVENUE BETWEEN BROAD STREET AND OLD NEWPORT BOULEVARD FOR DEVELOPMENT OF A MINI PARK. For Council information and filing: (c) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON JANUARY 10, 1991. 10. PUBLIC HEARING SCHEDULING: None. 11. RESUBDIVISION NO. 916 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 916, located at 441 Dahlia Avenue, on the southwesterly corner of Dahlia Avenue and Second Avenue, in Corona del Mar; authorise the City Clerk to release the Faithful Performance Surety (cash deposit in the amount of $1,300.00 deposited with the City on March 1, 1990, Receipt No. 49072); and authorize the City Clerk to release the Labor and Materials Surety (cash deposit in the amount of $1,300.00 deposited with the City on March 1, 1990, Receipt No. 49072) in six months provided no claims have been filed. (Report from Public Works Department) 12. RESUBDIVISION NO. 924 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 924, located at 227 20th Street, on the westerly side of 20th Street, on the Rhine Channel, in the Cannery Village /McFadden Square Specific Area; and authorize the Mayor and the City Clerk to execute the agreement; and accept the offer of dedication of a 6 foot easement for pedestrian purposes along the bay frontage of the parcel. [Report from Public Works Department] Volume 45 - Page 32 Council Policy F -1, (69) PB &R /Bolsa- Broad /Npt B1 Mini Park (62) Planning (68) Resub 916 (84) Resub 924 (84) OM • • COUNCIL MEMBERS �0 CITY OF NEWPORT BEACH MINUTES January 28, 1991 13. IMPROVE GRANT HOWALD PARK AND REPLACE RESTROOM AT EASTBLUFF PARK (CONTRACT NO. 2776) - Reject all bids received on January 10, 1991, for construction of Contract No. 2776 because all exceed the amount of available funding; direct the staff to revise the plans, decreasing the scope of work so that the project may be built within the available funding; and bring back the revised plans to the Council for approval. [Report from Public Works Department] Grant Howald Park /Eastblf Restrm C -2776 (38) 14. SPECIAL EVENTS APPLICATIONS - Uphold Business staff's recommendation to approve the Lic /Spcl following applications, subject to Events conditions listed in the staff report. (27) [Report from Business License Supervisor] (a) Application No. 90 -248 - National Multiple Sclerosis Orange County for temporary road closure for 2nd Super Cities Walk, Newport Dunes, 1131 Back Bay Drive on April 7, 1991, from 6:00 a.m. - 8:00 p.m. Apli 90 -248 (b) Application No. 90 -390 - LORAL Apli 90 -390 Aeronutronic for use of amplified sound for 11th Annual Spring Tune -Up 1, 5 & 10K Runs, MacArthur, Jamboree, Ford Road and Bison on May 4, 1991 from 6:00 - 10:30 a.m. (c) Application No. 90 -446 - Sea King Apli 90 -446 Running Club for SK Run, Jamboree Road, MacArthur Boulevard and Birch Street on June 2, 1991, at 8:00 a.m. (d) Application No. 90 -460 - Newport -CM Apli 90 -460 YMCAfor use of amplified sound for 7th Annual Back Bay 5 -10K Runs and Walk, Bayview Drive and Jamboree Road, November 17, 1991, from 6:30 to 11:30 a.m. (e) Application No. 90 -466 - Christian Boardriders Surfing Association for use of public beach for Surf Contest, .56th Street on February 9 and - October 5, 1991; and May 4, 1991 at 23rd Street and on June 1, 1991 at the River Jetty from 7:00 a.m. - 4:30 p.m.. Apli 90 -466 (f) Application No. 90 -470 - Mr. and Mrs. Apli 90 -470 Peter Shea for use of amplified sound for Wedding Reception, 2009 E. Bay Avenue, June 15, 1991, from 6 :00 to 10:00 P.M. Volume 45 - Page 33 ROLL CELL • • • CITY OF NEWPORT BEACH MINUTES \\\ January 280 1991 ff liy (g) Application No. 90 -478 - Anderson Apli 90 -478 School PTA for temporary at et closures, Annual Spirit Run, Newport Center, February 24, 1991, from 7:30 - 10:30 a.m. 15. COUNCIL TRAVEL AUTHORIZATION AND EXPENSE Council RECORD - Approve expense record for Council Expense Member Plummer in the amount of $202 to (33) attend California League of Cities , October 21 - 23, 1990; and $307.88 to attend offshore Oil Leadership Conference, December 13 to 16, 1990. 16. BUDGET AMENDMENTS - For approval: (40) BA -029, $41,000 - Decrease in Unappropriated Surplus, and Increase in Budget Appropriations for TRANSIT. NEEDS ANALYSIS; General Fund /Traffic and Parking. [Refer to report w /agenda item F -3(f)] O. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from General Services Director I 0/C Solid recommending adoption of proposed lWaste Fac/ resolutions regarding ORANGE COUNTY SOLID Recycling WASTE FACILITIES. (44) The City Manager advised that after the agenda was printed, a letter was received from the orange County Division of the League of California Cities relative to this issue, suggesting the City Council take the following two actions to meet the intention of the legislation: 1) Agendize the resolutions on a discussion section of the City Council agenda, rather than a consent calendar item; and 2) Be sure to ask if anyone would like to address the Council on the resolutions, such that the opportunity to do so is recorded in the minutes of the meeting. The City Manager stated he had removed this item from the Consent Calendar in order to comply with the above and receive public testimony. Volume 45 - Page 34 COUNCIL MEMBERS :tai ® ®® '`� Motion All Ayes • Motion All Ayes • • x x CITY OF NEWPORT BEACH MINUTES January 28, 1991 Hearing no one wishing to address the Res 91 -11 Council on this matter, motion was made to adopt Resolution No. 91 -11 specifying the PROCESS FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS TRAM 15% OF MATERIAL RECEIVED AND SERVING ONLY ONE JURISDICTION; and Resolution No. 91 -12 specifying the PROCESS Res 91 -12 FOR APPROVING AND SITING IN ORANGE COUNTY SOLID WASTE FACILITIES REUSING OR RECYCLING LESS THAN 15% OF MATERIAL RECEIVED AND SERVING MORE THAN ONE JURISDICTION. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. COUNCIL /CITIZENS AVIATION ADVISORY AD HOC Aviation COMMITTEE VACANCIES; Ad Hoc Cmte Motion was made to confirm the following: Tom O'Brien, Alternate to Dan Stringer, Home Owners Association Representative; and Randolph Rroenert, Alternate to Dan Gilliland, Home Owners Association Representative. J. CURRENT BUSINESS: None. Meeting adjourned at 7:12 p.m., in memory of Dee Cook, former City Council Member [1960 - 1968], who passed away on January 12, 1991. • x ** w• k� w• x w e The agenda for this meeting was posted on January 24, 1991, at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: ty C� yor Volume 45 - Page 35