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HomeMy WebLinkAbout03/11/1991 - Regular MeetingCOUNCIL MEMBERS ROLL CRLL / 1 Present ix I x Motion All Ayes Motion All Ayes E • CITY OF NEWPORT BEACH x x x x x x x F 3 MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: March 11, 1991 Mayor Sansone presented Proclamation - April, 1991 as EARTHQUAKE PREPAREDNESS MONTH t0 the City's Disaster Services Manager, Ray Pendleton. Mayor Sansone presented Proclamation - March, 1991 as PEACE CORPS MONTH to Kathy Lee Lewis. A. ROLL CALL. B. Reading of Minutes of Meeting of February 25, 1991, 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 Sansone opened the public hearing GPA regarding GENERAL PLAN AMENDMENT NO. 90 -1 (45) (A) - A request to consider an amendment to the Land Use Element of the General Plan to establish a dwelling unit limit consistent with existing development for the residential areas on Domingo Drive and Amigos Way in the Eastbluff area of Newport Beach; PROPOSED ORDINANCE NO. 91 -13, being, 90 -1(A) 91 -13 AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH AMENDING -A PORTION OF DISTRICTING MAP NO. 39 SO AS TO RECLASSIFY LOTS 1 THROUGH 19 OF TRACT 5425 FROM THE R -3 -B (P.R.D.) DISTRICT TO THE MFR DISTRICT AND ESTABLISH DWELLING UNIT LIMITS FOR EACH LOT. - (PLANNING COMMISSION PCA 723 AMENDMENT NO. 723) Report from the Planning Department. At the request of Council, the City Manager summarized as follows: When the General Plan was adopted in 1988, staff thought that they had established within it a limit of 225 units. Since then, staff has discovered that the current General Plan permits more than 225 units; therefore, General Plan Amendment 90 -1(A) is to reduce the allowed density to the 225 units that are already there, and Zone Amendment 723 provides consistency with the General Plan. After it was determined that no one wished to speak on this item, the public hearing was closed. Volume 45 - Page 67 COUNCIL MEMBERS ROLL CfiLL Motion x All Ayes • • Motion All Ayes x CITY OF NEWPORT BEACH .W1111 March 11, 1991 Motion was made to: INDEX A. Adopt Resolution No. 91 -19, Res 91 -19 amending the Land Use Element of the Newport Beach General Plan establishing a dwelling unit limit consistent with existing development for the residential areas on Domingo Drive and Amigos Way in the Eastbluff area of Newport Beach; L. B. Adopt Ordinance No. 91 -13. 2. Mayor Sansone opened the public hearing. Ord 91 -14 regarding PROPOSED ORDINANCE NO. 91 -14, Zoning being, 1(94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ALLOW TENANT IMPROVEMENTS INVOLVING UP TO ONE HUNDRED PERCENT OF THE EXISTING FLOOR AREA OF NONCONFORMING COMMERCIAL AND INDUSTRIAL BUILDINGS WITHOUT DISCRETIONARY ACTION. (PLANNING COMMISSION AMENDMENT NO. 726) Report from the Planning Department. The City Manager advised that the Planning Commission recommended the City keep the regulations in, place to require a. use permit to remodel interiors, and tenant improvements, with the exception of commercial or industrial structures which are nonconforming due to height, bulk, gross floor area, setbacks, or parking. He added that If a commercial or industrial structure requires tenant improvements that are nonconforming, such as those found in the old parts of town, i.e., Balboa, McFadden area, Balboa Island, then they would still require a building permit, but they would be excluded from requiring use permits, or be subject to discretionary action of the Planning Commission or City Council. Hearing no one wishing to speak to this item, the public hearing was closed. Following discussion by Council and staff, motion was made to adopt ORDINANCE NO. 91- 14. Volume 45 - Page 68 PCA 726 CITY OF NEWPORT BEACH ROLL C� \\ \ \�� \\ March 11, 1991 FRL Mites Ili 3. Mayor Sansone opened the public hearing GPA 90 -1(G) regarding GENERAL PLAN AMENDMENT NO. 90- (45) 1(G) - A request by THE IRVINE COMPANY to amend the Land Use Element of the General Plan to provide for Administrative, • Professional and Financial Commercial uses as an alternate use on the Pacific Telephone site ( Camelback Street and Bison Avenue); and the acceptance of an - Environmental Document; AND PLANNING COMMISSION AMENDMENT NO. 721 - A PCA 721 request to amend the North Ford Planned Community District Regulations to provide for 20,000 square feet of office development on the Pacific Telephone site; AND TRAFFIC STUDY NO. 70 - For proposed office Traffic development on the Pacific Telephone site. Study 70 Property located at 1177 Camelback Street; AND FINDING OF GENERAL PLAN CONSISTENCY - A Finding request by The Irvine Company for a finding GP Cnstncy of General Plan consistency for a transfer • of 13,550 square feet of commercial development from the Pacific Telephone site to Fashion Island; AND PLANNING COMMISSION AMENDMENT NO. 701 - A PCA 701 request to amend the Fashion Island Planned Community Development Regulations so as to increase the allowable development allocation by 13,550 square feet; AND TRAFFIC STUDY NO. 67 - For increased square Traffic footage at Fashion Island. Study 67 Report from the Planning Department. It was noted that the 1988 General Plan permits 33,550 sq. ft. of commercial development in parcel 2(a) adjacent to Bison, midway .between MacArthur and Jamboree, which is currently undeveloped and used as a parking lot. The proposal is to reduce the allowed density in parcel 2(a) from 33,550 sq. ft. to 20,000 sq. ft. of office development. The difference of 13,550 sq. ft. would be transferred to Fashion Island within the Loop, and in the Volume A'S - Paae 69 CITY OF NEWPORT BEACH COUNCIL MEMBERS � ROLL CFLL March 11, 1991 MINUTES I Lll`71 Volume 45 - Page 70 Loop, The Irvine Company currently has GPA 90 -1(G; - 5,643 sq. ft. of unused entitlements. The applicant is proposing to combine the 13,550 sq. ft. being transferred from parcel 2(a) to Fashion Island with the • 5,643 sq. ft., resulting in approximately 19,000 sq. ft. of commercial development in Fashion Island. It would not increase the total sq. footage of the General Plan, but decrease parcel 2(a) by 13, 550 sq ft. and increase Fashion Island. The Traffic Phasing Ordinance shows that in Fashion Island the proposal meets all the requirements of the TPO, and if parcel 2(a) remains as office development, it meets all criteria of the Traffic Phasing Ordinance. If medical offices goes in on Parcel 2(a), which it could, then the intersection at Bison and MacArthur would be impacted greater than the TPO allows, and it would require the construction of one additional two -lane, which would be accomplished by restriping. The Advance Planning Manager, Patty Temple, advised the Council that mitigation, which was taken out by the City of Irvine, will again be required at this location. The City of Irvine is basically doing all of the planning to add the third northbound through lane in relation to the improvements coming in at Bonita Canyon Road as a result of the connection of Pelican Hill Road. The required mitigation here, will be a widened intersection with the three lanes staying on northbound MacArthur through the Bonita Canyon intersection, and actually become a part of the City of Irvine's project; therefore, the City of Newport Beach does not anticipate a problem at this time. Discussion ensued, wherein it was suggested that conditions be placed on the subject project that; 1) The Water Plan is to be approved by the Utilities Director before any building plans are approved, and when the building is ready to be built, that the Utilities Director will take the most current drought situation into consideration; 2) All developments will be subject to Water Conservation Laws or requirements, if any exist prior to the issuance of a building permit; and 3) Delete ... "and 10:00 a.m. to 6:00 p.m. on • Sundays and holidays "...from Condition No. 7, Exhibit A, regarding construction hours. Volume 45 - Page 70 �i �Vl Yi7 Y1:17:wj CITY OF NEWPORT BEACH March 11, 1991 RDLO j Volume 45 - Page 71 Council was advised that at the next City GPA 90 -10) Council meeting, an emergency ordinance will be introduced, and if six members of the Council concur, the ordinance will, be adopted and take effect immediately. The conditions that are being proposed on this project will be in effect immediately before a building permit is issued. David Neish, Representative of The Irvine Company, addressed the Council, stipulating that they concur with the Findings and Conditions contained in Exhibit A, and would respectfully request that the Council uphold the decision of the Planning Commission and approve their requests. He added that as far as any future developments in Fashion Island and North Ford, if it is the Council's intent to adopt an emergency ordinance in the next two weeks, they can be assured that The Irvine Company will not be drawing building permits within that two -week time frame. He also stated that The Irvine Company would not have any problem in accepting the conditions that they be subject to water conservation laws and /or regulations, and complying with the condition that there be no construction on Sundays and holidays. *n x Motion was made to: Ayes A. Adopt Resolution No. 91 -20, Res 91' -20 approving GPA 90 -1(G), amending the Land Use Element of the General Plan to provide for Administrative, Professional and Financial Commercial uses as an alternative use on the Pactel site; B. Adopt Resolution No. 91 -21, Res 91 -21 approving Planning Commission Amendment No. 721, amending the North Ford Planned Community District Regulations to provide for 20,000 square feet of office development on the Pactel site; C. Traffic Study No. 70 for proposed office development on - the Pacific Telephone site; ® D. Adopt Resolution No. 91 -22, Res 91 -22 approving Planning Commission Amendment No. 701, increasing permitted development in the Fashion Island Planned Community by 13,550 square feet; Volume 45 - Page 71 CITY OF NEWPORT BEACH ROLL \ k\\\ + \ March 11, 1991 MINUTES Volume 45 - Page 72 E. Traffic Study No. 67 for entitlement transfer and increased square footage at Fashion Island; P. Adopt Resolution No. 91 -23, Res 91 -23 making a finding of General Plan consistency for a transfer of 13,550 square feet of commercial development from the Pacific Telephone site to Fashion Island; 6. Acceptance of an environmental document for the above approvals; R. The Water Plan is to be approved by the Utilities Director before any building plans are approved, and when the building is ready to be built that the Utilities Director will take the most current.drought situation into consideration; - I. All developments will be subject to Water Conservation Laws or regulations, if any exist prior to the issuance of a building permit; and J. Condition No. 7, Exhibit A - Delete ... "and 10:00 a.m. to 6:00 p.m. on Sundays and holidays." E. PUBLIC COMMENTS: 1. Allan Beek, 2007 Highland, addressed the SJHT Crdr Council regarding the certification of the EIR for the San Joaquin Hills "Feeway," stating that this is the same as a toll road. He advised that the bond underwriters will want collateral to guarantee payment of the construction bonds for this toll road, and presented facts that the toll booths will not be able to pay off the bonds. He added that he is very much afraid this collateral consists of the property taxes collected from real estate, • which includes many of the homes in Newport Beach, and commented that there is an opinion from Senator Marion Bergeson's office which confirms this fear - -that the Joint Powers Authority really does have taxing power. He feels that every effort Volume 45 - Page 72 CITY OF NEWPORT BEACH 4 IRT40r.a Li 102 [41 R I M 1: viMarch 11, 1991 MINUTES , ,_* Volume 45 - Page 73 should be made to hold off certification of SJHT Crdr the EIR until such time as it is absolutely clear whether or not this certification puts the property owners in jeopardy, and requested that the City Attorney • investigate this matter using outside counsel if necessary. He'further requested that the City's delegate to the Transportation Corridor Agency be directed to abstain from voting certifying the EIR until the City is satisfied that this would not put its citizens in jeopardy. The City Attorney stated that he is not an expert on municipal bond financing, but he doesn't believe that there is any way for either the Authority or the Underwriters to somehow levy additional assessments against property within the zone. Council Member Cox, the City's representative, stated that the Corridor Agency never has, nor does it now intend to use property taxes for the payment of the toll road bonds, and added that as of today, the San Joaquin Hills Transportation Corridor is financable. The City ;Attorney suggested he present a report to the Council regarding Mr. Beek's allegations, and if directed by Council, place this matter on a Council Meeting agenda. John Connors, 28092 Forbes Road, Laguna Niguel, Chairman of the Taxpayers Coalition Against Alignment 2, addressed the Council, stating that with the choice of Alignment 1 to the southern end of the Corridor, it is financable. His Coalition unanimously and strongly supports Alignment 1 for the Interchange, and the certification for the EIR only if Alignment 1 is selected. They continue to be astonished that an alignment is under consideration, [Alignment 2] with an estimated additional cost of $82 Million, which negatively affects the financability of the entire project. In summation, the Coalition believes the only viable and responsible decision is selection of Alignment 1, which is a sound public policy decision and would gain their full support for the toll -way. Mr. Connors • thanked the Council for having Council Member Cox cast his vote on March 14 for Alignment 1. Volume 45 - Page 73 CITY OF NEWPORT BEACH � a a a•. March 11, 1991 ROLL CFi L MINUTES Volume 45 - Page 74 2. Council Member Plummer advised that this Cabo San past week she was part of the Delegation to Lucas/ sign the formal declaration on behalf of Sister the City of Newport Beach with our Sister City City Cabo San Lucas, at the tip of Baja, • commenting on the sailing yacht ceremony and festivities. F. CONSENT CALENDAR: Motion x The following actions were taken as indicated, All Ayes except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on March 25, 1991: - (a) Removed from the Consent Calendar. (Refer to agenda item G. 1 for Council action) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 91 -24, increasing Traffic/ rates at CORONA DEL MAR AND BALBOA Parking Lot BEACH PARKING LOTS. [Report from Fee Incr Offstreet Parking Committee] Res 91 -24 (85) fib) Resolution No. 91 -25, declaring the City's intention to VACATE AND Vac /Aband ABANDON a portion of the alley prtn alley • located between Belvue Lane and "M" Belvue Ln/ Street, northerly of Miramar Drive; "M" St accepting a map showing the alley to Res 91 -25 be vacated; and setting April 8, (90) 1991, as the date for the public hearing concerning the intended vacation. 3. CONTRACTS /AGREEMENTS: (a) Approve Consultant Agreement to GS /Source complete the SOURCE REDUCTION AND Red /Recycl RECYCLING ELEMENT AND HOUSEHOLD Elem /House HAZARDOUS WASTE ELEMENT; issue hold Haz !^ purchase order not to exceed $48,535 C -2855 for Rleinfelder, Inc; and authorize (38) . the Mayor and City Clerk to execute subject agreement. [Report from the General Services Department] 4. COMMUNICATIONS- -.For referral as indicated: (a) To Staff for response, letter from Misc Req/ Jes Johnston expressing the Balboa importance of keeping the BALBOA Ferry FERRY RUNNING. (52) (b) To Utilities Department for reply, Utilities letter from J. W. Parks protesting (89) the City's approach to WATER RATIONING. Volume 45 - Page 74 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL \ \ \ \��� \\ March 11, 1991 MINUTES I Zp. . Volume 45 - Page 75 (c) To Public Works and Parks, Beaches PW and Recreation Departments for report (74) back to Council, letter from the Planning Commission recommending consideration of drought- resistent • demonstration garden in front of City Hall as a WATER CONSERVATION MEASURE. (d) To Traffic Affairs Committee for TAC response, request from West Newport (85) Beach Association for STOP SIGNS AT THE CORNER OF PROSPECT AND SEASHORE FOR BOTH BICYCLES GOING EAST AND WEST AND CARS GOING WEST. (e) To Circulation Buildout City Council Cir Build - Ad Hoc Committee for review and out Ad Hoc recommendation to the City Council, Cmte report from the Parks, Beaches and (24) Recreation Commission regarding the CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT. (f) To Planning and Police Departments Planning/ for response, letter from Dorothy M. Police Kloeckner concerning LIMITING GROWTH (68/70) AND DEVELOPMENT to CURTAIL USE OF WATER SUPPLY, and suggests something be done about ENFORCING THE 35 MILE PER HOUR SPEED LIMIT IN THE CITY. 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) John W. Bannier (City employee) Bannier alleging his parked vehicle at the City Yard off Industrial Way was hit on February 24, 1991, while he was working. (b) James, Jared and Peter Cannon, Jared/ Application to present late claim - Cannon Heirs to the estate of Rosebud Jacobson, who was killed in auto accident on March 12, 1990, at Pacific Coast Highway and Jamboree Road. • (c) Susan Chappell alleging damage to Chappell vehicle on February 23, 1991, as a result of road construction at Balboa Boulevard and Pacific Coast Highway. Volume 45 - Page 75 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL March 11, 1991 CRLL MINUTES INDEX Volume, 45 - Page 76 (d) Heather Goss alleging City Fire truck Goss hit her parked vehicle on Kent Lane, on January 23, 1991. (e) Steven Craig Laughlin alleging Laughlin • personal injuries as a result of participating in a water polo tournament sponsored by the Newport Beach chamber of Commerce on September 14, 1990 at Corona del Mar High School. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral . to the claims adjuster: (a) Mae Lou Ding for damages, Orange Ding County Superior Court, case Po. 650067. Claim was denied by City Council on September 24, 1990. (b) Noble Johnson for damages, Orange Johnson County Superior Court, Case No. 91CO576. 8. REQUEST TO APPROVE /FILL PERSONNEL (66) VACANCIES: (Report from the City Manager) (.a) One Building Maintenance Worker II, • General Services Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from BUDGET COMMITTEE PB &R recommending that the request for (62) financial grant of $50,000 be denied for OLYMPIC TRIALS COMMITTEE - 1991/1992 to help fund hosting expenses. (b) Removed from the Consent Calendar. - (Refer to agenda item G. 2 for Council action) (c) Report from the City Manager Council recommending formal review and Policy 0 -8 approval of the Newport Beach Public (69) Library Foundation's request for COUNCIL POLICY 0 -8, POLICY ON DONOR RECOGNITION. For Council information and filing: (d) Report to the City Manager regarding Planning ACTIONS TAKEN BY THE PLANNING (68) ,COMMISSION ON FEBRUARY 21, 1991. Volume, 45 - Page 76 CITY OF NEWPORT BEACH R(]I I C \ \ \\g� \\ March 11, 1991 MINUTES IP! Volume 45 - Page 77 10. PUBLIC HEARING SCHEDULING: March 25, 1991 - (a) Memorandum from the Business License Towing Supervisor requesting public hearing (70) for rate increase for JOHN'S TOWING SERVICE. April 8, 1991 - (b) Refer to agenda item F -2(b). 11. HARBOR PERMIT APPLICATIONS - Uphold staff's Harbor recommendation to approve the following Permits applications, subject to conditions listed (51) in the staff reports. (a) APPLICATION NO. 124 -3400 - By Apli 124 - Duncan McIntosh to temporarily 2400 revise the commercial docks bayward of 2400 Via - Oporto. (b) APPLICATION NO. 153 -219 - By Apli 153 - Martha McNab to revise the 219 joint pier and float bayward of 219 and 221 East Bay Front, Balboa Island. 12. SPECIAL EVENTS APPLICATIONS - Uphold Special • staff's recommendation to approve the Events following, subject to conditions listed in (27) the staff reports. [Report from the Business License Supervisor] (a) APPLICATION NO. 91 -010 - Apli 91 -01 Residential use of amplified sound at 4 Inverness Lane for a fund raiser on behalf of the - Waldorf School of Orange County, from 6:00 p.m. to Midnight on Saturday, May 18, 1991. (b) APPLICATION NO. 91 -040 - Apli 91 -04 Temporary street closure for McIntosh Boat Show, 11:00 a.m. -6:00 p.m., from April 18 - 28, 1991, in Lido Village. 13. ENCROACHMENT AGREEMENT FOR WILLIAM SHATTUCK - Removed from the Consent Calendar. (Refer to agenda item G. 3 for Council action) • 14. AMBULANCE TRANSPORTATION SERVICES -- Approve Ambulance subject schedule and authorize the City Contract Clerk to advertise for to CONTRACT FOR (27) EMERGENCY AMBULANCE TRANSPORTATION SERVICES to be opened on April 17, 1991, at 10:00 a.m. [Report from the Fire Chief] Volume 45 - Page 77 CITY OF NEWPORT BEACH � is is a•.. R01 I M\1\\\\ \\ March 11, 1991 MINUTES 1111 Volume. 44 - Page 79 15. BUDGET AMENDMENTS: None. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: An x 1. Following discussion, proposed ORDINANCE Ord 91 -15 111 Ayes NO. 91 -15, being, CATV (42) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.44 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO COMMUNITY ANTENNA TELEVISION, with report from the Deputy City Manager was introduced and passed to second reading on March 25, 1991, but with deletion to paragraph C, page 17 of subject ordinance... "Amplifiers in Grantee's transmission and distribution lines may be in appropriate housings upon the surface of the ground as approved by the Director of Public Works of the City." 2. Report from the Utilities Director Utilities/ recommending staff be authorized to hold Wtr Rstrcti two public forums for the purpose of (89) discussing proposed RESTRICTIONS ON WATER USE. The Utilities Director addressed the Council with an update since the last Council meeting, advising that: On April 1, Metropolitan Water District (MWD) will be requiring the City to cut water consumption back by 308. The immediate reason for this is the reduction of all water for MWD in the State Water Project. The Utilities Committee has looked at a number of restrictions on use, and have expanded upon the list attached to the March. 11, 1991 staff report, and they will be discussion these restrictions during the two public forums to be held March 13, 1991 at Oasis from 1 p.m. to 3 p.m., and in the City Hall Council Chambers from 6 p.m. to 8 p.m. The measurement for March, 1991 shows a 108 reduction for the City, keeping in mind that MwD is asking the City to reduce to 308. During the forums staff will be discussing what the City policies are, and what rationales were used to • develop the restrictions that are being proposed upon the public. Volume. 44 - Page 79 CITY OF NEWPORT BEACH MINUTES fi Irl 1-1 ag Volume 45 - Page 79 The Utilities Director, upon Council Utilities/ inquiry, stated that staff will do a Wtr Rstrctr special mailing to those customers outside of the City to inform the public of the water reduction policy, and if possible, • they will do a mailing to the postal customers, rather than to the water billing list. He advised that the $16,000 fine imposed by MWD on the City would result in an increase for those customers who went over the ration amount, and will not apply to anyone who did not. He added that the Utilities Committee assures the Council the - money received as penalties and surcharges will only be used for water purposes, such as paying MWD for any surcharge, for administering this program, find other sources of water for the City, which means well fields and Green Acres Project, and if there is additional money remaining it will be used to keep the basic water rate down. In summation, he stated that as far as restrictions upon customers served by the Orange County Water District, 70% of their overall demand can come out of the Orange County Water District Basin, and the District wrote to everyone of its well field member agencies, as well as Newport Beach, and asked that each agency put in a . conservation plan with restrictions. Mayor Sansone commented that the City is going to be a participant in a project by the Orange County Water District (OCWD), called Green Acres, where reclaimed water from the Sanitation District facilities in Fountain Valley, will be transported to OCWD in a large plant recently completed on Ellis Avenue, and from there brought to a point where it would be almost drinkable, and dispersed southward, but Newport Beach will not be served until 1994. He emphasized that the water problem is critical and the City is actively trying to do something about it. At the suggestion of Council Member Hedges, staff will request that COMCAST televise the forums. Motion x Motion was made to approve the proposed All Ayes RESTRICTIONS ON WATER USE AND HOLD TWO PUBLIC FORUMS, as recommended in the report • from the Utilities Director. Volume 45 - Page 79 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL Cfl \ \ March 11, 1991 MINUTES i!1 Volume 45 - Page 80 3. Report from Public Works Department Shattuck recommending approval of request for Encroach- ENCROACHMENT AGREEMENT FOR WILLIAM SHATTUCK ment permitting the construction of brick pavers (65) within the Bayside Drive parkway adjacent • to 1945 Bayside Drive; and authorizing the Mayor and City Clerk to execute the agreement and record with the Orange County Recorder. Motion x Following comments, motion was made to All Ayes approve the subject encroachment as .. presented in the foregoing, with conditions, which was acceptable to the applicant, as follows: "That Mr. Shattuck construct approximately five (5) feet of concrete sidewalk at the westerly end of his property to connect his improvements to the drive apron improvements on the adjacent property. The construction will require the removal of four (4) small hedges, the replacement of broken water meter box which must be adjusted to grade and the root pruning of an existing tree as required for sidewalk installation. With Public Works Department • approval, the sidewalk width may vary at the tree to clear tree roots." B. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -5, being, Ord 91 -5 Wtr /Swr AN ORDINANCE OF THE CITY COUNCIL OF Utilities THE CITY OF NEWPORT BEACH ADDING (89) CHAPTER 14.30 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO GREASE DISCHARGE PERMITS. Recycled reports from the City Attorney dated February 15, and Utilities Director dated February 11, 1991. The City Manager advised that the subject ordinance has been reviewed by a committee of restaurant owners in Newport Beach and also by the. California Restaurant Association and they concur with the proposal. • Council was advised that the Utilities Committee reviewed the proposed ordinance with regard to enforcement and penalties, and if necessary, it can be made stronger at a future date. Motion x Motion was made to adopt Ordinance No. All Ayes 91 -5. Volume 45 - Page 80 CITY OF NEWPORT BEACH COUNCIL MEMBERS R(]� r \ \ \ \�� \\ March 11, 1991 MINUTES INDEX Volume 45 - Page 81 al 2. Proposed ORDINANCE NO. 91 -12, being, Ord 91 -12 Veh /Trfc AN ORDINANCE OF THE CITY COUNCIL OF Bic Patrol THE CITY OF NEWPORT BEACH AMENDING Bdwlk THE PROVISIONS OF SECTION 12.56.140 (85) • PERTAINING TO POLICE BICYCLE PATROL ON BOARDWALKS, PIERS AND SIDEWALKS. Recycled report .dated February 15, 1991, from the City Attorney. The City Manager advised that the Police Department is recommending, on trial or on a permanent basis, to utilize bicycles by the police to perform their functions. As currently written, the existing ordinance prohibits riding of bicycles on some sidewalks; therefore, the proposed amendment will permit police officers to operate City bicycles in the performance of their duties on sidewalks, piers, boardwalks, etc. Council was advised that the project is budgeted in the 1991 -1992 budget, and if the proposed ordinance is adopted, it becomes effective on April 8, 1991. If the Council requests that the pilot project begin prior to July, 1991, a report will be made to Council on how soon this can be • accomplished. Dan Stringer, 700 S. Bay Front, addressed the Council, stating that it might be difficult to explain why police officers can ride bicycles on the sidewalks, requesting that they use discretion when the sidewalks are crowded. Motion x Motion was made to adopt Ordinance No. All Ayes 91 -12. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from the Traffic Affairs Committee TAC /Speed regarding ROAD BUMPS IN THE GRAND CANAL Bumps ALLEY ON BALBOA ISLAND. Grand Can; Alley Letter from Arnold Mills in support of the (85) road bumps. • Council was advised that, after the agenda was printed, letters were received in support of the speed bumps from Adeline Halter, Donald M. Smith, Scott and Sharon McVean, and Morius L. Klyver (and a telephone call from Mr. Klyver). Volume 45 - Page 81 al CITY OF NEWPORT BEACH COUNCIL MEMOS ROLL Cfl \ \\ \gam \\ March 11, 1990 MINUTES 1 I ({ Volume 45 - Page 82 Council was advised that the policy in Speed Bumpr effect indicates that application for speed Grand Cana: bumps is made on a form provided by the Alley City. Then there is certain criteria within the policy to evaluate the request • for the installation of bumps, and if denied, the request can be appealed to the Council. Council Member Watt commented that some of the residents have been actively working on this request for 1 -1/2 years, and requested a review of the policy regarding speed and types of bumps in alleys. She stated that this particular alley is about the - narrowest one in the City, and feels that the 15 mph speed limit is too fast. She cited the speed bumps installed at the side of the City Hall with a speed limit of 10 mph, which are moderate in size, and the pavement is marked "speed bump," and feels that this is very effective, and stated that she would propose a motion to overrule the decision of the Traffic Affairs Committee. Mayor Sansone stated that he will support the motion, and at this time ask staff to review the policy to include more • flexibility within the policy. Allan Beek, 2007 Highland, addressed the Council commenting that the people who have deep springs and heavy cars can cross the speed bumps at 40 mph and are barely affected by the bumps. He advised that he persuaded his neighbors approximately 20 years ago when he lived in Beacon Bay to install bumps high enough to limit speed, but which are hardly noticeable at 10 mph. He added that these bumps are 16 feet wide, and if driven over at 15 mph, you could lose a bumper, whereas an ordinary speed bump is only three feet wide. Tom O'Brien, 105 Marine Avenue, President of the Balboa Island Improvement Association, addressed the. Council, stating that they did vote unanimously for the speed bumps. He added that they have an overriding concern for safety on the island, and this is one of the rare opportunities to visibly impact people's perceptions that they are a safety- oriented neighborhood and that indeed, the speed bump will slow people down on the island. Volume 45 - Page 82 CITY OF NEWPORT BEACH . I1 ��V, Y17Y1:1y: ROLL CHLL `S'� March 11, 1991 MINUTES `Iii I Volume 45 -. Page 83 Willie Maxim, 313 Grand Canal, addressed Speed Bump'. the Council, stating that he lives right on Grand Cana . the alley, and has had many close Alley experiences. He added that he visually has clocked vehicles going as fast as 25 - 30 • mph or faster, and has stopped some of them by yelling at them, but not without threats to himself, and urged the City to put in speed bumps. Bunty Justin, 217 Grand Canal, addressed the Council, stating that she has kept a file since March 27, 1989, which was the day after her husband almost got killed in the alley in the Canal. She advised that the alley is not used just by people for a short cut, but it is used in the morning with vehicles going the wrong way, and to get off the island, as well. The alley is 9 -1/2 feet wide, and the shops across the alley are all virtually built out to the old lot line, and there is no room for an accident, whether they are going 20 mph, or as most of them are going, 40 and 50 mph and laughing. Motion x Motion was made to approve the request based upon the findings set forth in Exhibit 8; and direct staff to include the two bumps in the first installation • ,contract. Council Member Hedges requested that consideration be given to include in the foregoing motion a reduction of speed to 5 mph in that particular alley. The City Attorney advised that State law establishes the prima facie speed in alleys at 15 mph. Discussion ensued, wherein Council Member Turner suggested that along with the policy review, staff investigate whether or not the speed limit can be changed for this alley, °"and further discussion brought back to a study session. In view of the foregoing, Council Member Hedges withdrew his suggestion to amend Council Member Watt's motion to lower the speed limit. Alt es Motion was voted on and carried. Volume 45 -. Page 83 CITY OF NEWPORT BEACH COUNCIL MEMBERS lk;kjo 0 V 3 MINEN, March 11, 1991 MINUTES 1('1111517 Volume 45 - Page 84 2. Report from the Fire Chief concerning FUEL Fire Dpt/ MODIFICATION PROGRAM REVIEW (RESOLUTION No. Buck Gully 90 -116). (41) Council was advised that after the agenda • was printed a letter was received from Robert J. Cooper, who was concerned that clearing would denude the gully to a dangerous state, resulting in complete devastation of Little Corona and adjacent tide pools. Council was advised by the City Manager that the decision be postponed for another 90 - 120 days to give additional time for staff to work with the adjacent property owners of Buck Canyon. At the hearing.on December 10, 1990 a number of people did testify, but the hearing was not closed. The decision was postponed for 90 days, therefore, as this evening is close to that time, this is why it is on tonight's agenda. At that time, the City requested additional information concerning the liability for cleaning, geologists, companies or departments that had a similar situation, and all of this information has now been received, and a number of meetings have been held with the residents surrounding the Canyon. As a result, the City is getting a much better understanding of the problem and how to deal with it. With the continuance of another 90 - 120 days, hopefully the problem will be amicably resolved. without forcing an assessment upon the public.. lotion x Motion was made to postpone the decision 111 Ayes for 90 to 120 days to give residents time to review new material. 3. Report from the Public Works Department Undergr concerning UNDERGROUNDING UTILITIES ALONG Utilities/ EAST BAY AVENUE AND EAST SAY FRONT FROM "J" Dist 12/61 STREET TO "M" STREET (PROPOSED ASSESSMENT (89) DISTRICT NO. 61, AND PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 12). The Public Works Director advised that the property owners on the Peninsula Bay Front between "J and M" Streets have requested the formation of an assessment district to underground utilities in the alley behind their homes. 74 -1/2% of the property ® owners have petitioned in favor of forming the district. The cost has been estimated . at $229 per front foot, and that the petitioners are aware of the estimated cost.. The item before the Council tonight Volume 45 - Page 84 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL \ \\TX\\\ March 11,1991 • Motion All Ayes • 13 MINUTES INDEX is not a public hearing, but are procedural Undergr resolutions leading up to a formal public Utilities/ hearing, which is being scheduled for Dist 12/61 April 22, 1991, at 7 p.m. to take public testimony as to whether or not the district Is to.be formed. In answer to Council inquiry as to whether the project could be City funded and not have to go through the legal procedure of selling bonds, etc., response from the Public Works Director indicated that the only way to ensure the property owners would pay their assessments is through the formation of an assessment district. He added that the City could contract with those homeowners who are in favor of having utilities underground, but this would not necessarily include all property owners. The City Manager commented that State law is explicit on the various steps to follow, and then the homeowner has the option of paying off his assessment within a certain period, or if not, then it goes to bond, and the bond becomes a first lien above all other liens on the property; whereas if this was done contractually, the City would be the last lien on the property. The Public Works Director advised that there have been two incidents in the past where property owners in small areas on the Peninsula have voluntarily set up underground utilities programs. They made arrangements with the utilities company to do the work, and they contracted amongst themselves to pay the cost without the necessity of forming an assessment district. Motion was made to: 1. Receive the Engineer's Report; 2. Adopt the following: Resolution No. 91 -26 making findings on petitions; Resolution No. 91 -27 making appointments in proposed Assessment District No. 61; Resolution No. 91 -28 adopting proposed Boundary Map showing the boundaries of proposed Assessment District No. 61; Volume 45 - Page 85 COINCIL M99ERS �� �f ROLL CRLL \ C7 • • CITY OF NEWPORT BEACH March 11, 1991 ml 1II Resolution No. 91 -29 of Intention covering preliminary determination to order the construction of certain improvements in proposed Assessment District No. 61; ordering the preparation of a report describing the district to be assessed to pay the costs and expenses thereof; and providing for the issuance of bonds; Resolution No. 91 -30 passing on the report of the engineer, giving preliminary approval, and setting a public hearing for 7:00 p.m. on April 22, 1991, on the Resolution of Intention to form a special assessment district; and 3. schedule a public hearing for 7:00 P.M. on April 22, 1991, to ascertain whether or not public necessity, health, safety, and public welfare require the removal of poles, overhead wires and facilities and associated overhead structures from within the area of that area of the City designated as underground Utilities District No. 12. Meeting adjourned at 9:00 p.m. The agenda for this meeting was posted on March 7, 1991 at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Ma ATTEST: 15 - Page 86 Undergr Utilities/ Dist 12/61