HomeMy WebLinkAbout12/09/1991 - Regular Meetingz 14k-Em
PDnt x x
Motion
All Ayes
Motion
All Ayes
•
Motion
All Ayes
0
CITY OF NEWPORT BEACH
REGULAR COUNCIL MEETING
\�� PLACE: Chambers
7:00 P.M. TINE: 7:00 P.
DATE: December 9, 1991
x
x
x
x
x
x
x
x
Presentation by Gordon Kilmer, Member,
ENVIRONMENTAL QUALITY AFFAIRS /CITIZENS
ADVISORY COMMITTEE, of Certificates of
Appreciation in recognition of efforts to make
Newport Beach a more beautiful community to
Mr. and Mrs. J. Christopher Woodward and Mr.
and Mrs. Peter 4'scatoryan.
A. ROLL CALL.
B. Reading of Minutes of Meeting of
November 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
regarding GENERAL PLAN AMENDMENT N0. 91
3[F) - A proposed amendment to the
Housing Element of the General Plan
which consists of an analysis and
program for preserving assisted housing
developments as required by State Law.
Report from the Planning Department.
It was noted that the City Council's
approval in concept of the proposed
amendment to the Housing Element is not
the final adoption of the amendment.
After the approval in concept, the draft
amendment will be sent to the State
Department of Housing and Community
Development (HCD) for their required
review. After HCD's review, the City
Council will consider any HCD comments,
any staff recommended changes and adopt
the amendment to the Housing Element.
Reference was also made to pages 12 and
13 of the staff report depicting Exhibit
"A" - Revised, Assistant Housing
Analysis, and Preservation of Existing
Low Income Housing.
Hearing no one wishing to address the
Council, t:he public hearing was closed.
Motion was made to adopt Resolution No.
91 -111 amending the Housing Element of
the General Plan which consists of an
analysis and program for preserving
assisted housing developments as
required by State Law.
2. Mayor Sansone opened the public hearing
regarding CONSTRUCTION OF
SIDRWALK/NOTICE OF COST - On the
easterly side of 10th Street between Bay
Avenue and. Balboa Boulevard under the
procedure of CHAPTER 27 OF THE
INPROVEM6NP ACT OF 1911.
Report from the Public Works Department.
It was noted that the total cost to the
property owner for the subject
improvements adjacent to 934 West Balboa
Boulevard is $2,103.40.
Volume 45 - Page 357
IM,30.
iP!_1
91 -3(F)
91 -111
10th St/
Bay Ave/
Balboa B1
Sdwlk Cnst
(74)
N NOM MW
Motion
All Ayes
•
Motion
0Ayes
•
X
x
CITY OF NEWPORT BEACH
December 9, 1991
Nearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to confirm the
assessments, and allow the property
owner three years to pay his assessment
with an interest rate of 88 per ammum on
the unpaid balance.
iatiadaiiCtffrfj' IT, i,ryF
Stewart Williams, 1748 Bayport Way,
addressed the Council and distributed
excerpts of minutes of the Parks,
Beaches & Recreation Commission meetings
held October 1 and December 3, 1991,
relative to the removal of four Ficus
Nitida parkway trees and the proposed
replacement of four Brisbane Box trees.
He stated he is opposed to installing
the Brisbane Box trees and feels he
should be able to select the trees to be
planted at the subject location.
Council Member Hart stated that inasmuch
as this issue is within her district,
she will meet with Mr. Williams and
report bark to the City Council on
January 13;, 1992.
There being no objections, it was so
ordered.
F. CONSENT CALENDAR:
The following items were approved except for
those items removed.
1. ORDINANCES FOR INTRODUCTION:
Schedule for public hearing on JANUARY 13,
1992 -
(a) Proposed ORDINANCE 20. 91 -46, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
APPROVING DEVELOPMENT AGREEMENT
NO. 4 FOR THE LIBRARY K=HANGE
AGREEMENT BETWEEN THE CITY OF
NEWPORT BEACH AND THE IRVINE
COMPANY. [Report from the
Planning Department)
(b) Proposed ORDINANCE NO. 91 -47, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADOPTING PLANNED COMMUNITY
DISTRICT REGULATIONS AND
DEVELOPMENT PLAN FOR CORPORATE
PLAZA WEST AND AMENDING PORTIONS
OF DISTRICTING NAP NO. 48 SO AS TO
RECLASSIFY SAID PROPERTY FROM THE
UNCLASSIFIED (U) AND OPEN SPACE
(0 -S) DISTRICTS TO THE PLANNED
COMMUNITY (P -C) DISTRICT (PLANNING
COMMISSION AMENDMENT NO. 730).
[Refer to report w /agenda item F-
l(a)]
Volute 45 - Page 358
MINUTES
PB &R
91 -46
(94)
91 -47
(94)
PCA 730
•
•
CITY OF NI,WMItT BEACH
December 9, 1993L
(c) Proposed ORDINANCE NO. 91 -48, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADOPTING PLANNED COMMUNITY
DISTRICT REGULATIONS AND
DEVELOPMENT PLAN FOR THE CASTAWAYS
MAR7IMA; AND THE ACCEPTANCE OF AN
ENV][RONMENTAL DOCUMENT (PLANNING
COMMISSION AILMENT NO. 743).
[Report from the Planning
Department]
(d) Proposed ORDINANCE NO. 91 -49 , being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE NEWPORT
BEACH MUNICIPAL CODE SO AS TO
PERMIT THE SALE OF CONVENIENCE
ITEMS SUCH AS. BUT NOT LIMITED TO,
SOFT DRINKS, CANDY, CIGAUETTce,
ICE, NAGAZINES AND SMACK FOOD, IN
CONJUNCTION WITH THE OPERATION OF
AUTOMOBILE SERVICE STATIONS. THE
PROPOSED AMENDMENT ALSO INCLUDES:
THE REQUIREMENT FOR ON -SITE
PARKING SPACES FOR AUTOMOBILE
SERVICE STATIONS WHICH DO NOT HAVE
SERVICE BAYS BUT DO INCLUDE THE
SALE OF CONVENIENCE ITEMS; THE
ADDITION OF COVERED MECHANICAL CAR
WASH FACILITIES AS A PERMITTED
ACTIVITY; THE REQUIREMENT TO
PROVIDE REST ROOMS WHICH ARE
AVAILABLE TO THE GENERAL PUBLIC
FOR NEW AUTOMOBILE SERVICE
STST'IONS. AND THE REQUIREMENT FOR
FUEL PRICE SIGNS TO BE IN
COMPLIANCE WITH. BUT NOT EKCE1M
THE MINIMUM PRICE SIGN
REQUIREMENTS SET FORTH IN THE
BUSINESS AND PROFESSIONS CODE OF
THE STATE OF CALIFORNIA (PLANNING
COMMISSION AMENDMENT NO. 738).
[Report from the Planning
Department]
Pass to second reading on January 13, 1992 -
(e) Proposed ORDINANCE NO. 91 -50, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 1.12.020 OF
CHAPTER 1.12 OF THE NEWPORT 'BEACH
MUNICIPAL CODE PERTAINING TO THE
AUTHORITY OF PUBLIC OFFICERS OR
EMPLOYEES TO ISSUE CITATIONS.
[Report from the Assistant City
Attorney]
Volume 45 - Page 359
MINUTES
Ord 91 -48
Zoning
(94)
PCA 743
Ord 91 -49
Zoning
(94)
PCA 738
(53)
91 -50
Code
CITY OF NEWORT BEACH
COUNCIL MEMBERS
MINUTES
December 9, 1991
ROLL a LL
2. RESOLUTIONS:
(a) Resolution No. 91 -112 declaring
the City's intention to vacate a
portion of Glen Drive; accepting
a map showing the portion of Glen
Drive to be vacated; and setting
•
January 13, 1992 as the date for
the public hearing concerning the
VACATION OF A PORTION OF GLEN
DRIVE SHOWN IN TRACT NO. 673,
FILED IN BOOK 20, PAGES 17 AND 18.
[Report from the Public Works
Department]
3. CONTRACTS /AGREENENTS:
(a) Award CONTRACT N0. 2784 FOR WATER.
NUN RELINING PROGRAM to Creamer
Bros., Inc., of Hackensack, N.J.,
for the total bid price of
$268,350.00, and authorize the
Mayor and City Clerk to execute
subject contract. [Report from
the Public Works Department]
(b) Authorize the Mayor and City Clerk
to execute an AMENDMENT TO
CONTRACT No. 2845 - HELICOPTER
MAINTENANCE SERVICES AGREEMENT
(CHARLES EASTMAN), [Report from
the City Attorney]
(c) Authorize the Mayor and City Clerk
to execute an AGREEMENT with
Nelson Communications to conduct
PUBLIC OPINION SURVEY REGARDING
•
POTENTIAL ACCESS OF OPEN SPACE.
[Report from the City Manager]
4. COMMUNICATIONS - For referral as
indicated:
(a) To Planning Department for
response, letters from Villageway
Management, Inc., (Big Canyon
Community Association), and John
F. and Berl I. Sokolowski
objecting to request of TEXACO
STATION AT CORNER OF JAMBOREE /SAN
JOAQUIN ROAD to install a
convenience store on their site.
(b) To Traffic Engineering /Public
Works Department for response,
letter from Dave Rees, Northridge,
with complaint concerning lack of
parking in the City for shoppers,
and the CITY'S METERED PARKING
POLICY.
(c) To Pending Legislation and
Procedural Ethics Committee,
request from Thomas S. Brachko,
Cerritos, suggesting that the City
adopt a resolution in support of
H.B.. 123 (PBOPOSITIOH 63 -
ESTIIBLISHIPG ENGLISH AS THE
OFFICIAL LANGUAGE OF GOVEBNMffiVT IN
CALIFORNIA).
Volume 45 - Page 360
Glen
?es 91 -112
(90)
Mn
ig Prg
(38)
Nntnc Sry
Agm Amnd
C -2845
(38)
Nelson
Com /Open
Space Srvy
C -2890
(38)
(48)
fic
COUNCIL MEMRS
•
•
CITY OF NEWPORT BEACH
December 9, 1991
(d) To Public Works Department for
response, letter from SPON in
support of a Cooperative Study
Agreement for amending the Orange
County Master Plan of Arterial
Highways to DELETE THE 19TH STREET
BRIDGE OVER THE SANTA ANA RIVER.
(e)
To the Deputy City Manager for
replay, letter of complaint from
Dane Hillyard regarding COMMONITY
CABLEVISION RATES IN RELATION TO
SERVICES.
5. COMMDNICATIONS - For referral to the
City
Clerk for inclusion in the records:
None.
6. CLA7MS FOIL DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a)
Bruce Bernier alleging property
damage as a result of City water
main break on November 4, 1991, at
3431 Via Oporto 0100D.
(b)
Stacy Emerald, rollerskater,
alleging personal injuries as a
result of accident with bicycle
and rottweiler dog on the
boardwalk at 30th Street on June
1, 1991.
(c)
Haseko /LSW /Orifa Associates
alleging switching box was damaged
as a result of overpass
construction at Newport Boulevard
and Pacific Coast Highway during
Summer of 1991.
(d)
Sanjay Eohli alleging property
damage on November 21, 1991 at
Hospital Road, as a result of City
truck backing into the front end
of his vehicle while waiting for
signal to change.
(e)
Eugene LaBriola alleging personal
injuries, damage to bicycle, etc.,
as a result of fall due to
condition of Jamboree Road on
September 21, 1991.
(f)
Pacific Bell alleging their
conduit was damaged by City
employee at Newport Boulevard and
Pacific Coast Highway on September
27, 1991.
(g)
The Studio of Corona del Mar
alleging neon lights at 3201 E.
Pacific Coast Highway damaged by
City tree trimmers on November 15,
1991.
(h)
Joan W. Susman alleging personal
injuries, etc., as a result of
accident on October 16, 1991 with
Police Department vehicle.
Volume 45 - Page 361
MINUTES
`1ia'
aW
(74)
'ommunity
:ablevision
(42)
(36)
Bell
COUNCIL MEMO
W "I
•
•
CITY of NEWPoBT BEACH
MINUTES
1'1 \1i December 9, 1991
11211i y
(i) Ti&t: Quarters, Inc., alleging his Tight Qtrs
vefihi'le was struck by City Refuse
Truck while parked at Construction
Circle West, Irvine, on November
4, 1991.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
S. REQUEST TO APPROVE/FILL PERSONNEL (66) .
VACANCIES: (Report from the City
Manager)
(a) One Police Officer, Police
Department.
(b) One Animal Control Officer, Police
Department.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Letter to California Coastal 0/C Regnl
Conservancy signed by the Mayor in Parks
support of the COUNTY OF ORANGE (54)
GRANT REQUEST FOR $1.3 MILLION FOR
THE FAIRVIEW AND NORTH TALBERT
REGIONAL PARKS GRASSLAND
RNHANCKKKRT PLAN.
(b) Report from Public Works /Traffic
Engineering requesting approval of
REGUILATION 8V RIDESHARING PROGRAM.
(c) Report from the Public Works
Department recommending approval
of AMENDMENT TO COUNCIL POLICY L-
6, ENCROACHMENTS IN PUBLIC RIGHTS -
OF -WAY, prohibiting pay telephones
from encroaching into public
rights -of -way.
For Council information and filing:
(d) Removed from the Consent Calendar
(refer to agenda item G. 1 for
City Council action).
10. PUBLIC HEMUNG SCHEDULING - January 13,
1992:
(a) GENERAL PLAN AMENDMENT 91 -3(C) -
A proposed amendment to the Land
Use Element of the General Plan so
as to increase the floor area
limit from 2,000 square feet to
2,300 square feet to allow the
addition of a mini mart to an
existing automobile service
station. [Report from the
Planning Department]
(b) GENERAL PLAN AMENDMENT 91 -1(C) -
Aproposed amendment to the Land
Use Element of the General Plan so
as to increase the allowable
development on the new library
Volume 45 - Page 362
raffic
85)
ouncil
olicy L -6
69)
91 -3(C)
91 -1(C)
I,"y
CITY OF NEWPORT BEACH
December 9, 1991
Volume 45 - Page 363
MINUTES
LCPA 24
PCA 728
PCA 729
site for the Newport Village
Planned Community from 50,000
square feet to 65,000 square feet;
and the acceptance of an
environmental document [Report
from the Planning Department];
•
AND
LDCAL COASTAL PROGRAM A1T
NO. 24 - A proposed amendment to
the Local Coastal Program Land Use
Plan so as to transfer 30,000
square feet of allowable office
development from the Newport
Village Planned Community to the
Corporate Plaza West Planned
Community;
AND
PLANNING COMMISSION AMBNDPIHN'P NO.
728 '- A proposed amendment to the
Corporate Plaza Planned Community
Development Plan so as to permit
85,000 square feet of additional
office development transferred
from the Newport Village Planned
Community. The proposal also
includes a request to amend the
Planned Community sign provisions
so as to be consistent with the
proposed sign provisions of the
Corporate Plaza West Planned
Community. Corporate Plaza
Planned Community bounded by
•
Farallon Drive, Avocado Avenue,
East Coast Highway, and Newport
Center Drive, located southerly of
Fashion Island, in Newport Center;
AND
PLANNING COMMISSION AVENDEW NO.
729 -- A proposed amendment to the
Civic: Plaza Planned Community
Development Plan so as to add
57,150 square feet of additional
office development, 35,000 square
feet of which would be transferred
from the Newport Village Planned
Community and 22,150 square feet
of which is new development
entitlement, and to delete 14,000
square feet of library
entitlement, which would be
transferred to the Newport Village
Planned Community. The proposal
also includes: a request to amend
the existing Planned Community
sign standards; a change to
require the approval of a use
permit for restaurants rather than
a site plan review; and a change
to require the Modifications
Committee's review of the number
and design of compact parking
spaces, rather than the Plannspaces,
nni
•
Commission. Civic Plaza Planned
Community generally bounded by San
Joaquin Hills Road, Santa Cruz
Volume 45 - Page 363
MINUTES
LCPA 24
PCA 728
PCA 729
•
0
•
CITY OF NEWPORT BEACH
MINUTES
Mk\ December 9, 1991
Drive, San Clements Drive, and
Santa Barbara Drive, located
northerly of Fashion Island in
Newport Center;
AM
PLANNING COMMISSION AMENDMBLiT NO.
PCA 746
746 - A proposed amendment to the
Newport Village Planned Community
Development Plan so as to: expand
the boundary of the Planned
Community so as to include the
land bounded by Avocado Avenue,
San Miguel Drive, MacArthur
Boulevard and San Joaquin Hills
Road; revise the land use plan so
as to identify five statistical
development areas which are
distributed between two land use
designations of Governmental/
Institutional and Open Space, and
delete the multiple family
residential and retail
designations, add development
standards for the development of
a 65,000 square foot library, a
100,000 square foot museum, and a
4 acre public park; and the
addition of a General Notes
Section. Newport Village Planned
Community bounded by San Miguel
Drive, MacArthur Boulevard, East
Coast Highway, and Avocado Avenue,
located southeasterly of Corporate
Plaza in Newport Center.
11. ENCROACHMENT AGREE30 'f FOR CONSTRUCTION
Npt Crest
OF A GUARD HOUSE AND LANDSCAPE PLANTER
H/O Asn/
MEDIAN WITHIN TICONDEROGA STREET -
Ticonder-
Uphold staff's recommendation to approve
the application subject to: Execution of
oga St
an Encroachment Agreement for
Encrchm
construction of private improvements
(65)
within the Ticonderoga Street public
Utility easement located westerly of
Superior Avenue, Newport Crest
Homeowners Association; authorize the
Mayor and City Clerk to execute the
Agreement; authorize and direct the City
Clerk to have the agreement recorded
with the Orange County Recorder; and an
Encroachment Permit from the Public
Works Department. [Report from the
Public Works Department]
12. BALBOA PARKING LOT IMPROVEMENTS
Balboa Pkg
(CONTRACT NO. 2881) Approve the plans
LT Imprvm
and specifications; and authorize the
C -2881
City Clerk to advertise for bids to be
(38)
opened at 11:00 a.m. January 3, 1992.
[Report from the Public Works
Department]
13. REMODEL JAIL (CONTRACT NO. 2836) - Make
a finding that Diversified Pacific
Construction Co., Inc., has failed to
enter into Contract No. 2836 awarded to
them on September 23, 1991; reject all
other bids for Contract No. 2836
received on August 21, 1991; and
authorize the City Clerk to re- advertise
for bids to be opened at 11:00 a.m., on
January' 8, 1992. [Report from the
Public Works Department]
Volume 45 - Page 364
� r . is a a•..
•
Motion
All Ayes
0
� •f
X
CITY OF NEWPORT BEACH
December 9, 1991
14. CITY COUNCIL TRAVEL AUTHORIZATION/
EXPENSE RECORD - Approve Coancil Member
John C. Cox, Jr. Is expense record in the
amout of ;x741.88 to attend the ANNUAL
LEAGUE OF CITIES CONFERENCE in San
Francisco, October 13 - 16, 1991.
15. BUDGET AMENDMENTS - For approval:
BA- 035, $20,000 - Increase in Budget
Appropriations for a public opinion
survey on land acquisition for open
space; General Fund. [Refer to report
m /agenda item F -3(c)]
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Report to the City Manager regarding
ACTIONS TAXEN BY THE PLANNING COMMISSION
on November 21, 1991, and for THE
PLANNING COMMISSION meeting of
December 5, 1991.
Motion was made to schedule public
hearing on January 27, 1992 on Use
Permit No. 3434, request to permit the
construction of a second dwelling unit
(Granny Unit) on property located in the
R -1 District located at 3130 Clay
Street, in Newport Heights; and receive
and file the remaining Planning
Commission actions.
H. ORDINANCES FOR ADOPTION:
1. Proposed INTERIM URGENCY ORDINANCE NO
91 -51, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
EXTENDING FOR TEN MONTHS, 15 DAYS,
THE PROHIBITION OF THE ISSUANCE OF
PERMITS FOR THE ESTABLISHMENT OF
NEW TANNING SALONS OPERATING IN
CONJUNCTION WITH THE LIVE MODELING
OF LINGERIE PENDING COMPLETION OF
A PLANNING STUDY AND APPROVAL OF
ZONING ORDINANCES.
Report from the Assistant City Attorney.
It was noted that on November 25, 1991,
the City Council adopted an interim
urgency ordinance prohibiting the
issuance of any permits for or the
establishment of new tanning salons
operating in conjunction with the live
modeling of lingerie pending completion
of a planning study. The initial period
for adoption of the interim emergency
ordinance is 45 days; However, with the
lack of a second meeting in the month of
December, 1991, the Council is being
requested to consider an extension of
the moratorium well in advance of the
authorized 45 -day period to prevent
expiration of the moratorium prior to
the next Council meeting on January 13,
1992. As the proposed moratorium
ordinance would expire before the and of
the 1992 calendar year, staff
anticipates a progress report well in
advance of that deadline.
Volume 45 - Page 365
MINUTES
Trvl/
Rcrd
(33)
(40)
Planning
(68)
U/P 3434
Ord 91 -51
Planning
(68)
�. a ra•..
•
C
Motion
All Ayes
•
01
x
CITY OF NEIWORT BEACH
December 9, 1991
Luana Stone, 2811 Galleria, Arlington,
Texas, co -owner of LJX, inc., addressed
the Council in opposition to the
proposed moratorium, and stated she owns
and operates five tanning salons in the
Dallas and Fort Worth area. She stated
she received her Newport Beach Business
License to operate on November 15, 1991
and has complied with all City
regulations which were in effect at the
time she submitted her application. She
remarked that there is absolutely no
physical contact between the attendant
and the client, and that the tanning
sessions do not take place behind closed
doors as referenced in a newspaper
article. She added that her business is
legitimate as well as innovative; the
employees are all monitored and all laws
are strictly adhered to; she felt she
was being treated unfairly; and that her
business was being put into the same
category as prostitution. She felt the
City is defaming the character of her
salon, and she will pursue her license
to operate by whatever legal means
possible.
The City Attorney responded that the
proposed interim urgency ordinance was
not directed at the above speaker, but
rather to the particular type of
business and the impacts it could have
on property values in the area. In
reply to Council Member Hedges and Mayor
Pro Tem Turner, he added that staff will
be investigating what affect this kind
of business could have on the
neighborhood from a land use standpoint,
as well as the feasibility of requiring
a conditional use permit.
There being; no further comments, motion
was made to adopt Ordinance No. 91 -51.
being.
Proposed EMERGENCY ORDINANCE NO. 91 -52,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
EXTENDING FOR ONE YEAR A
MORATORIUM ON THE ISSUANCE OF
PRBMITS FOR NEW MASSAGE
ESTABLISIDIENTS AND PROHIBITING THE
EXPANSION OF EXISTING MASSAGE
ESTABLISHMENTS PENDING COMPLETION
OF A PING STUDY AND APPROVAL
OF ZONING ORDINANCES.
Report from the Assistant City Attorney.
It was noted that on January 14, 1991,
the City Council adopted a moratorium on
the issuance of permits for new massage
establishments in response to concerns
of the Police Department over a dramatic
increase in the number of massage
establishments within the City. On
February 25, 1991, the City Council
received and approved a report on the
steps intended to be taken to determine
what, if any, zoning restrictions should
be placed on the massage establishments,
and extended the moratorium for a period
Volume 45 - Page 366
MINUTES
qry
Tanning
Salons
(27)
91 -52
I, !r i ?rte
%ML
0
*on
All Ayes
0
x
CITY OF NEWPORT BEACH
MINUTES
December 9, 1991
INDEX
of ten months and fifteen days, with a
direction to report to the Council on or
before December 9, 1991. Staff has
proposed a comprehensive zoning
ordinance for the establishment of
massage businesses with certain
proposals for disbursal of the location
of such businesses, and the requirement
of a use permit. This proposal was
considered by the Planning Commission on
November 7„ 1991, and rejected by a 6 -1
vote. On November 25, 1991, the City
Council set the matter for hearing on
January 13, 1992. The proposed
extension of the moratorium ordinance
for one additional year is expected to
expire well before the end of the year
in anticipation of completion of the
January 13, 1992 deliberations by the
City Council on the proposals made by
staff.
The following persons addressed the
Council in support of the proposed
Massage Establishment Moratorium and
Ordinance:
Paul Musser, Chairman of the Government
Relations Committee for the American
Massage Therapy Association
John Black, owner of "A Place to Relax ",
4001 Birch Street
Michael B. Epstein, President, American
Massage Therapy Association of Orange
County
Hearing no other comments, motion was
made to adopt Ordinance No. 91 -52.
I. CONTINUED 13USINESS:
1. Report from the City Attorney asking for odifica
clarification concerning terms/ o. 3p10
conditions related to MODIFICATION (94) r
GRANTED TO CIL FERGUSON, 300 Sapphire
Avenue, Balboa Island.
The City Manager summarized the history
relative to the subject Modification
approved by the City Council on May 28,
1991, but noted that the Planning
Department staff report submitted to the
Council did not discuss Condition No. 4
which states:
"That if it is the desire of the
applicants to enclose the subject
parking space, a sliding gate
shall be utilized. An
encroachment permit shall be
required if said gate is located
in the public right of way."
The City Manager further commented that
the City Council minutes do not reflect
any discussion of Condition No. 4 or the
sliding gate requirement. The gates
currently installed by the Fergusons
avoid the concerns expressed by staff
during the Planning Commission meeting.
The gates open in so they do not
obstruct the sidewalk or the view of a
Volume 45 - Page 367
Wl
SKIM
•
Motion
•
Motion
Motion
All Ayes
•
CITY OF NEWPORT BEACH
X
x
December 9, 1991,
driver exiting the space. The gates can
be secured in a way that allows a
vehicle to be parked in the space while
providing some measure of security for
the property owner. However, the gates
do not slide and are not in full
compliance with Condition No. 4.
Therefore, staff would like the Council
to determine if the swing -in gates now
in place satisfy the intent of Condition
No. 4, or if the Fergusons are required
to install. a sliding gate as specified
by the Condition.
It was pointed out that Mr. Ferguson was
unable to attend this meeting due to a
commitment out of state.
Discussionn ensued wherein Council Member
Watt stated that when this issue was
before the Council, she remembers there
being a reference to a "sliding" gate,
and inasmuch as she has not viewed the
site to observe the non - sliding gate in
question, she moved to determine that
the gate does not comply and directed
staff to enforce City Council action.
The City Attorney stated that in talking
with Planning Commissioner Harold
Merrill, it was his intention when this
matter was considered by the Commission,
that the property owner be given the
option of either installing a sliding or
swinging gate.
The City Manager advised that a gate was
not required by either the Building or
Zoning Code, however, the applicant
desired the gate for security purposes.
Following discussion, Council Member
Watt withdrew her motion on the basis
that the: applicant was not in
attendance, and because she has not had
an opportunity to view the site.
Council Member Plummer spoke in support
of the sliding gate, stating the
applicant offered to install a "sliding"
gate, and as a result, that is what the
Planning Commission and City Council
approved. She therefore moved to find
that the gate does not comply and
directed staff to enforce City Council
action.
At the suggestion of the City Manager
recommending this item be continued due
to Mr. Ferguson's legitimate absence
because of Pearl Harbor observance
ceremonies,, Council No or Plvmmer
withdrew the foregoing motion, and made
a motion to continue this matter to
January 21', 1992.
2. Report from the OCEAN FRONT WALK CITY
COUNCIL AD HOC COMMITTEE.
The City Manager advised the Committee
recommends that a short term program be
implemented and monitored which includes
imposing speed limits for all users of
Volume 45 - Page 368
MINUTES
4odificatn
No. 3810
(24)
Fr
CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
RMA\\* * \ December 9, 1991
0
Motion
All Ayes
Motion
All Ayes
x
the walk (B MPH); prohibition of unsafe Ocean Fr
or reckless activity; the creation of a Walk
"walk bicycles zone" through the
McFadden Plaza at Newport Pier;
implementation of an educational
program; and simplyfing the operational
characteristics of the walk by revising
the striping configuration. The
Committee recommends that the short term
ppilot program be adopted and est
bY the proposed ordinance.
Committee and City staff will
its effectiveness and continue
on finding long term solutions
of the Ocean Front walk.
sblished
The
monitor
efforts
for use
Council Member Hedges, Chairman of the
Ocean Front Walk Committee, added that
the Committee separated its tasks into
two phases, with the short term pilot
program and ordinance the result of the
first aspect. The Committee is meeting
again on December 12 to discuss phase
two and evaluate ideas which are more
"capital and time intensive in nature."
In response to question raised by
Council Member Hart, the City Attorney
commented that the proposed ordinance is
the necessary vehicle for enforcement of
the regulations by the Police
Department.
Hearing no further remarks, motion was
Ord 91 -53
made to introduce proposed ORDINANCE NO.
(24)
91 -53 and pass to second reading on
January 13. 1992, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ESTABLISHING THE OCEAN FRONT
BOARDWALK USER SAFETY PROGRAM.
J. CURRENT BUSINESS:
1. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL
Council
STANDING AND AD HOC COM!ITTEES; AND
Committees
JOINT GOVERNMENTAL COMMITTEES.
By virtue of Council Policy A -9, the
Mayor is a member of all Standing and Ad
Hoc Committees.
Notion was made to confirm the
appointments for agenda items J -1 and J-
2, as follows:
I. COUNCIL STANDING COMMITTEES
A. Pending Leaislation and Procedural
Ethics Committee
1. Chairman: City Attorney
2. City Manager
3. Mayor Pro Tom Clarence
Turner
4. Council Member John Hedges
B. Underground Utilities Coordinating
Committee
1. Chairman: City Manager
2. Public Works Director
3. Council Member John Hedges
Volume 45 - Page 369
[ M:lml
•
•
CITY OF NEWPORT BEACH
December 9, 1991
C. Utilities Committee
1. Chairman: Council Member
Evelyn Hart
2. Mayor Pro Tam Clarence
Turner
D. Appointments Committee
1. Chairman: Mayor Pro Tam
Clarence Turner
2. Council Member Ruthelyn
Plummer
E. Budget Committee
1. Chairman: Council Member
John Cox
2. Mayor Pro Tam Clarence
Turner
F. Off- Street Parking Committee
1. Chairman: Mayor Pro Tom
Clarence Turner
2. Council Member Ruthelyn
Plummer
G. Tidelands Affairs Committee
1. Marine Director
2. Chairman: Council Member
Evelyn Hart
3. Council Member Ruthelyn
Plummer
II. COUNCIL AND CITIZENS AD HOC
COMMITTEES
A. Annexation Committee
Mayor Phil Sansone
Council Member John Cox
Mayor Pro Tam Clarence Turner
B. Aviation Committee
Chairman: Mayor Pro Tem Clarence
Turner
Council Member John Hedges
City Attorney
City Manager
Pete Drummond - Homeowners Assn
Jim Pistols - (Alt. to abv)
Dan Stringer - Homeowners Assn
Tom Obrien - (Alt. to abv)
Dan Gilliland - Homeowners Assn
Randolph Kroenert - (Alt. to abv
Robert Olds - Homeowners Assn
Bernard Pegg - (Alt. to abv)
C. Airport Committee
Chairman: Mayor Pro Tam Clarence
Turner
Council Member Evelyn Hart
Mayor Phil Sansone
Volume 45 - Page 370
MINUTES
101;
CQKIL MEPMERS
•
•
•
CITY OF NETPORT BEACH
December 9, 1991.
D. Bicentennial of the United States
Constitution /Ad Hoc Citizens
Advisory Committee
PB & R Director
Liaison: Council Member Ruthelyn
Plummer
Lynn S. Turner (Resident)
Jackie Heather (Resident)
Karen Hochadel (Resident)
Richard Mahoney (Resident)
Holley Wilkinson (Resident)
Debra Allen (Resident)
Anita Ferguson (Resident)
Georgia Spooner (Resident)
Rae Cohen (Resident)
Bill Grundy (Resident)
Dee Edwards (Resident)
Betty Jo Bailey (Resident)
Bill Hamilton (Resident)
Bill Ficker (Resident)
E. Air Quality Management Plan
Coordination Ad Hoc City Council
Committee
Chairman: Council Member John Cox
Council Member Evelyn Hart
Council Member Jean Watt
F. Balboa Bay Club City Council Ad
Hoc Committee
City Manager
City Attorney
Mayor Phil Sansone
Chairman: Council Member Evelyn
Hart
Council Member Ruthelyn Plummer
G. Circulation Buildout City Council
Ad HoC Committee
Staff
Mayor Phil Sansone
Mayor Pro Tam Clarence Turner
Council Member Jean Watt
H. Central Balboa Specific -Area Plan
Ad Hoc Committee
Mayor Phil Sansone
Council Member John Hedges
Council Member Ruthelyn Plummer
Balboa Peninsula Pt Asn
Representives: .
W. Channing LeFrebvre
William Wren
Douglas M. Boyd, Alternate
Walt Thompson, Alternate
Central Newport Beach C /Asn
Representatives:
Fred Thompson
Stephanie Houghton
Tom Hyans, Alternate
Harry Heily, Alternate
Volume 45 - Page 371
MINUTES
CITY OF NLIWORT BEACH
December 9, 1991
MIKHES
Bel boa Improvement Asn
Representatives:
Doug Cavanaugh
Phil Tosier
Doug Salisbury
Charlie Bauman
•
Bob Black, Alternate.
Kent Maddi, Alternate
Ralph Komides, Alternate
Anthony Nongello, Alternate
I. Historical Preservation Ad Hoc
Committee
Mayor Phil Sansone
Chairman: Council Member Evelyn
Hart
VChairman: Council Member John
Hedges
Bill Grundy - Historical
Society
Grant: Howald - Corona del Mar
Jean Boyd - Balboa
Bill Schoulau - McFadnSq/
Mariners Mile
Nary Wolff - Balboa Island
Bill Hendricks - City Historian
Phil Edmonston - Architect
J. ocean Front Walk Ad Hoc Committee
Mayor Phil Sansone
Council Member Ruthelyn Plummer
Council Member John Hedges
Balboa Peninsula Pt Asn
•
Robert Vaughan
Bambi Wiltchik
Central Newport Beach C /Asn
William Ficker
Fred K. Thompson
West Newport
Gary Beck
West Newport Beach Asn
Bill Schoulau
McFadden Square Business Asn
Res Chandler
Bicycle Trails CAC
Rob Patterson
Tom Taillon
III. JOINT GOVERI1MENTAL COMMITTEES
A. Citv- School Liaison
Committee
•
City Manager
Reporting Council Member
John Cos
Council Member John Hedges
Volume 45 - Page 372
MIKHES
CITY OF NEwpow BEACH
I
,
B. Inter -City Liaison
Committee
City Manager
•
Reporting Council Member
Evelyn Hart
Mayor Pro Tam Clarence
Turner
C. Joint Committee for the
E v a l u a t i o n a n d
Implementation of the Duper
Newort Bay Cooperative
Agreement
Reporting Council Member
Evelyn Hart
Council Member Jean Watt
(Alt)
D. League of California
Cities /Orange
County Division
Mayor Phil Sansone
Council Member Jean Watt
(Alt)
E. Orange County Vector
Control District /Board
Trustees
Council Member Ruthelyn
Plummer
•
F. Orange County Sanitation
Districts
District 5
Mayor Phil Sansone
Council Member John Cos
(Alt)
Council Member Ruthelyn
Plummer
Council Member Evelyn Hart
(Alt)
District 6
Council Member Evelyn Hart
Council Member Ruthelyn
Plummer (Alt)
District 7
Council Member John Cox
Council Member Ruthelyn
Plummer (Alt)
G. Southern California
Association of
Governments (SCAG)
Mayor Phil Sansone
•
Mayor Pro Tam Clarence
Turner (Alt)
Volume 45 - Page 373
I
,
�7-
•
•
'CITY OF NEWPORT BEACH
December 9, 1991
H. Santa Ana River Flood
Protection Agency
Council Member Ruthelyn
Plummer
Council Member John Hedges
(Alt)
I. Orange County Cities
Airoort Authority
Devuty City Manager
Mayor Pro Tem Clarence
Turner
Council Member Evelyn Hart
(Alt)
J. Orange County Housing
Commission - Advisory
Committee
Craig Bluell (Adv Planning
Staff)
Leslie Daigle (Alt Planning
Staff)
K. San Joaquin Hills
TransPOrtation Corridor
Joint Powers Aaencv Board
of Directors
Council Member John Cox
Mayor Pro Tem Clarence
Turner (Alt)
L. Hazardous Waste Material -
Joint Powers Authority
Council Member Jean Watt
M. Single Rrcoom Occuoancv (SRO)
YINE Foe (Affordable
Housinin
Council Member John Hedges
Craig Bluell (Adv Planning
Staff)
N. Growth Management Area
Mayor Phil Sansone (City's
Rep)
IV. CITIZENS ADVISORY COMMITTEES
A. Bicycle Trails /Citizens
Adv sore Committee
Reporting Council Member
John Hedges
Protect Engineer
B. Environmental Oualitv
Affairs /Citizens Advisory
Committee
Reporting Council Member
Jean Watt
Council Member Ruthelyn
Plummer
Environmental Services
Coord
General Services Director
Volume 45 - Page 374
MINUTES
CITY OF NEWPORT BEACH
COLKIL ,,a is r..
\ December 9, 1991
'te \.
0
•
Harbor Ouality /Citizens
Advisory Committee
Marine Director
Reporting Council Member
Jean Watt
Council Member John Hedges
Youth Council /Citizens
Advisory Committee
Council Member Jean Watt
Recreation Sunv /PBBR
(Staff)
2. APPOINTMENTS BY THE CITY COUNCIL TO THE
CITIZENS ADVISORY COMMITTEES for a
one -year term expiring December 31, 1992
(appointed by Council upon
recommendation of each Council Member).
Bicycle Trails Citizens Advisory
Committee
(District 1) Council Member
Hedges'reappointment of Randy
Johnson, and deferred remaining
appointment to January 13, 1992.
(District 2) Council Member
Plummer's reappointment of Frances
Ferrer, and appointment of Shirley
Woods.
(District 3) Council Member Hart's
reappointment of Joann Lombardo
and Thomas Taillon.
(District 4) Mayor Pro Tem
Turner's appointment of Robert
Vaughn, and Bruce Sumner.
(District 5) Council Member Watt's
reappointment of Sally Crow, and
Rob Patterson.
(District 6) Mayor Sansone's
reappointment of Chad Napier, and
deferred remaining appointment to
January 13, 1992.
(District 7) Council Member Cox's
reappointment of Stanley Jones,
and Craig Weber.
Environmental Quality
Affairs /Citizens Advisory
Committee
(District 1) Council Member
Hedges' reappointment of Janine
Gault, and remaining appointment
deferred to January 13, 1992.
(District 2) Council Member
Plumner's reappointment of Deborah
Lucas, and appointment of Mary Ann
Miller.
Volume 45 - Page 375
MINUTES
Citizens
Advisory
Committees
0
•
CITY OF NEWPORT BEACH
MINUTES
December 9, 1991
(District 3) Council Member Hart's
reappointment of Mike Taylor, and
appointment of Terrance Phillips.
(District 4) Mayor Pro Tom
Turner's reappointment of Richard
Luehrs, and appointment of Cheryl
Jaffe.
(District 5) Council Member Watt's
reappointment of Geneva Matlock,
and appointment of Walter Koch.
(District 6) Mayor Sansone's
reappointment of Barbara Shelton,
and Barbara Kowalski.
(District 7) Council Member Cox's
reappointment of Margie Pantzar,
and Gordon Kilmer.
Harbor Quality /Citizens Advisozy
Committee
(District 1) Council Member
Hedges' reappointment of Nancy
Skinner.
(District 2) Council Member
Plummer's appointment of Pete
Babbitt.
(District 3) Council Member Hart's
reappointment of Rosemary Luxton.
(District 4) Mayor Pro Tem
Turner's reappointment of John
Curci.
(District 5) Council Member Watt's
reappointment of Tom Houston.
(District 6) Mayor Sansone's
reappointment of Ed Amyes.
(District 7) Council Member Cox's
reappointment of Richard Wood.
Meeting adjourned at 8:20 p.m. to 7:30 a.m.,
January 6, 1992, to permit the City Council to
meet and commence interview process for the
City Manager position.
* * * * * IF * * * * * * *
The agenda for this meeting was posted
on December 5, 1991, at 8:40 a.m., on
the City Hall Bulletin Board located
outside of the City of Newport Beach
Administration Building.
44-��
-
Volume 45 - Page 376
`l1i111