HomeMy WebLinkAbout03/08/1993 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
.4 ] �+ REGULAR COUNCIL MEETING
���� �f PLACE: Council Chambers
S TIME: 7:00 P.M.
DATE: March 8, 1993
ROLL CRLL
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Present x x
Motion
All Ayes
Motion
All Ayes
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Invitation extended by the Newport East Little
League for their opening day, March 13, at
Lincoln School, parade, carnival and barbecue.
Mayor Turner acknowledged the Proclamation for
RED CROSS MONTH, MARCH, 1993, and commended
the American Red Cross organization who will
celebrate 112 years of humanitarian service
this year.
Mayor Pro Tem Watt introduced Gordon Kilmer,
member of the ENVIRONMENTAL QUALM AFFAIRS
COMMITTEE, who presented Certificates of
Appreciation to Max and Lila Morgan, and Hans
and Michele Mutzke.
xIXI X X X ROLL CALL
x
X
Reading of Minutes of Regular Meeting of
February 22, 1993 was waived, approved as
written, and ordered filed.
Reading in full of all ordinances and
resolutions under consideration was waived,
and City Clerk was directed to read by titles
only.
M ��1:3 A (y t 1;A:1;i 12CA
Mayor Turner opened the public hearing
to consider proposed ORDINANCE NO. 93 -1,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLE 20 OF THE MEOPORT
BEACH MUNICIPAL CODE SO AS TO
CLARIFY LANGUAGE IN CHAPTER 20.33
AND TABLE 20.33, AND AM AMENDMENT
TO CHAPTER 20.68 TO PERMIT MASSAGE
ESTABLISHMENTS AS AN INDEPENDENT
USE IN THE APF DISTRICT, SUBJECT
TO HOUSEKEEPING CHANGE TO CORRECT
SECTION REFERENCES IN CHAPTER
20.33 AND TO ESTABLISH MORE
SPECIFIC LOCATION REQUIREMENTS FOR
INDEPENDENT MASSAGE ESTABLISHMENTS
(PLANNING COMMISSION AMENDMENT NO.
778).
Report from the Planning Department.
Planning Director, Jim Hewicker,
summarized the foregoing proposed
ordinance, stating that Amendment 778,
initiated by the Planning Commission, is
a "housekeeping" amendment, dealing with
massage parlors, particularly those
located in the APF District. This
amendment is designed to address three
issues: 1) Clarifies the existing
provisions with respect to the required
500 ft. separation between uses and
makes reference to the individual sites
upon which they sit, as opposed to the
actual distance between tenant and
improvements; 2) amends the
Administrative- Professional- Financial-
Commercial (APF) District to permit
independent massage establishment as a
permitted use subject to a use permit as
is done in the commercial areas in the
City; and 3) Amends a table of uses
within the zoning ordinance so as to
differentiate in the APF District
Volume 47 - Page 32
MINUTES
Ord 93 -1
Zoning/
Massage
Establ
(94)
CITY OF NEWPORT. BEACH
COUNCIL MEMBERS
CRLL S `�, March 8, 1993
ROLL
MINUTES
TNWY
between the two types of massage
establishments in the City (the
Accessory Establishment which is allowed
without a use permit, and the
Independent Establishment which requires
a use permit and appropriate hearing).
Amendment 778 was considered by the
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Planning Commission on February 4, 1993,
and was approved unanimously.
After it was determined that no one
wished to address this issue, the public
hearing was closed.
Motion
x
Motion was made to adopt Ordinance Mo.
All Ayes
93 -1.
PUBLIC COMMENTS
1. Council Member Hart, who represented the
Governor's
City, gave a review of Governor Wilson's
Meeting
meeting in Sacramento with policy
proposals for California, wherein his
staff reviewed their 1993 -94 budget and
how it will be affecting cities, i.e.,
implementing State's agenda for job
creation, budget reform, safe streets
and preventive services primarily for
California children. She advised that
she participated in a discussion
regarding "Why politicians don't
understand the crime (gang) problem."
She stated that in attending the
Governor's meeting, her role had to do
with the City's finances and future
state's extraction of the City and
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Special District funds for the 1993 -94
budget; however, the Governor's staff
emphasized that the most important role
for California is to provide jobs.
Further, that there will be a major
reorganization of the State, wherein a
model for clear separation between the
State and local government will be
mandated; and that the state's role is
schools and welfare - -that the local role
(Cities) has to do with community based
services and responsibility for
criminals. It is anticipated that the
State will be taking the sales tax
revenues and the Cities will be
receiving the property taxes; and that
cities can and should expect additional
revenue reductions this year. Federal
mandates that are not funded to the
State of California by May 15 will be
budget -cut causing a major
redistribution from Governor Wilson's
budget, as he is mandated by the State
to adopt a balanced budget. Regarding
the Aerospace refund, the State has no
intention of continuing any "good faith"
fight here, but will listen to new
information on the Aerospace Refund
Sales Tax. The future for the Department
of Motor Vehicles License Tax will be
forthcoming sometime this week. She
suggested that the Mayor reaffirm the
City's support to the Federal government
to fund any mandates handed down by
them.
Volume 47 - Page 33
COUNCIL MEMBERS
VXMIVO , \�\
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Motion
All Ayes
u
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EA
CITY OF NEWPORT BEACH
March B. 1993
2. Dolores Otting, Harbor Hill, addressed
the Council, stating that she had hoped
the State and cities could do something
about the gang problem, such as to
provide more trade school opportunities.
She also expressed concern about the
expense of the helicopter program in
Newport Beach, and suggested the use of
a memorandum of understanding between
the Cities of Costa Mesa and Newport
Beach to continue the helicopter
service.
CONSENT CALENDAR
The following items were approved, except for
those items removed:
ORDINANCES FOR INTRODUCTION
Pass to 2nd reading on March 22, 1993 -
2. Removed from the Consent Calendar.
RESOLUTIONS FOR ADOPTION
3. Removed from the Consent Calendar.
CONTRACTS /ACREMEMS
4. Removed from the Consent Calendar.
5. USE PERMIT NO. 3485 - Approve Amendment
to existing off -site parking agreement
and expand the daytime use of in -lieu
parking spaces in the Cannery Village
Municipal Parking Lot beyond the limits
established by the sales agreement
between the original property owner and
the City„ so as to allow the
establishment of a restaurant/brewpub
facility on the adjacent site located at
2920 Newport Boulevard and 30th Street.
[Report from the Planning Department]
MINUTES
/City
J/P 3485
(88)
6. CLAIMS - For Denial by the City Manager: 1(36)
California State Department of CA State
Transportation regarding claim for Dpt Transp
personal injuries by Mary Sharon
O'Brien, alleging claimant stepped into
an area of a pothole and slipped and
fell at corner of Pacific Coast Highway
and Marguerite Avenue on May 2, 1992.
Laurie A. Doran alleging damage to
vehicle as a result of hitting pothole
and series of broken asphalt at Jamboree
and Bristol on January 14, 1993.
Federal Insurance Company alleging Federal Ins
property damage as a result when City Company
put high pressure hose adjacent to
residence, causing 10,000 gallons of
savage to overflow into home at 1521
Kings Road on December 18, 1992.
Scott Casey Flanegia alleging his watch Flanegia
fell off while being handcuffed by
Police Department at 55 and 405 Freeways
on February 3, 1993; seeking
reimbursement.
Volume 47 - Page 34
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL CRLL S `��` March 8, 1993
MINUTES
TKMY
Paul Grano /Charles Grano alleging Police
Grano
vehicle rear -ended automobile causing
damage to bumper, etc., on Balboa
Boulevard, east of McFadden on
December 2, 1992.
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Andrew Gass alleging property damage as
a result of his vehicle's left front
Guss
tire hitting a pothole on Balboa
Boulevard (heading west) by 18th Street
on January 16, 1993.
Susan K. Iannitti alleging personal
Iannitti
injuries as a result of fall, fracturing
her ankle caused by defective condition
located on sidewalk area adjacent to 615
Goldenrod on February 2, 1993.
Abbey Joshi alleging damage to vehicle
Joshi
as a result of being rear -ended by
Police employee while stopped at red
light on Bristol Avenue on October 16,
1992.
Margaret M. Kennedy alleging damage to
Kennedy
tire and rim as a result of hitting
pothole on 55 Freeway northbound at 19th
Street on February 11, 1993.
Charles V. Masters, Sr., alleging City
Masters,
tree roots have come under sidewalk and
Sr.
cracked surface of parking lot at 3810
E. Coast Highway, Corona del Mar, which
is an on -going problem.
John P. Valley alleging damage to tire,
Nalley
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wheel, etc., as a result of swerving to
miss open manhole on Pacific Coast
Highway north of Newport Center Drive on
February 8, 1993.
20th Century Insurance Company /Abhay
20th Cen-
Joshi alleging he was rear -ended by
tury Ins
Police vehicle on Bristol Avenue on
Company
October 16, 1992.
The following represent claims for
Police
reimbursement of back pay, allegedly as a
Department
result of having to report for duty 30 minutes
earlier than regular shift time (Police
Department);
Douglas D. Fletcher; John Freeman;
Michael R. Jackson; Tim Newman; John A.
Simon; Rudolph J. Valenti; Timothy J.
Riley.
STAFF AND COMMISSION REPORTS
For Council information and approval:
7. Memorandum from the Fire Chief regarding
Fire Dpt
FY 192/93 BUDGET ADJUSTMENT AND REQUEST
(41)
TO FILL POSITION.
For Council information and filing:
B. Memorandum to the City Manager regarding
Planning
PLANNING COMMISSION ACTION AT ITS
(68)
MEETING OF FEBRUARY 18, 1993.
Volume 47 - Page 35
COUNCIL MEMBERS
ROLL C s
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CITY OF NEWPORT BEACH
March 8, 1993
PUBLIC HEARINGS SCHEDULING: March 22, 1993:
Requests to permit the continued
operation of an existing independent
massage establishment on property
located in the M -1 -A District; and
request to waive the location
requirement which requires that an
independent.massage establishment be at
least 500 feet from another independent
massage establishment for the following
use permits (appeal applications
attached):
USK PERMIT NO. 3476 - APPEAL OF
CANDICE M. NGOYEN, on property
located at 4301 Birch Street; and
USE PERMIT NO. 3478 - APPEAL OF
MYONG CHA DRAKE on property
located at 4222 Campus Drive.
10. Removed from the Consent Calendar.
11. RESUBDIVISION NO. 978 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 978;
located at 4201 and 4229 Birch Street,
on the northwesterly corner of Birch
Street and Dove Street, across from the
Newport Place Planned Community.
[Report from the Public Works
Department]
12. RESUBDIVISION NO. 982 - Approve a
Subdivision Agreement guaranteeing
completion of the public improvements
required with Resubdivision No. 982;
located at 301 and 353 East Coast
Highway, between Bayside Drive and
Promontory Point, across from the De
Anza Mobil Home Park. [Report from the
Public Works Department]
13. ENCROACHMENT AGREEMENT FOR CONSTRUCTION
AND MAINTENANCE OF PRIVATE IMPROVEMENTS
WITHIN THE CAMDEN DRIVE RIGHTS -OF -WAY
ADJACENT TO 4615 CAMDEN DRIVE, CORONA
DEL MAR - Approve the application
subject to execution of an Encroachment
Agreement for non - standard improvements;
and City Clerk to have the agreement
recorded with the Orange County
Recorder. [Report from the Public Works
Department]
MINUTES
U/P 3476
(88)
U/P 3478
(88)
Resub 978
(84)
Resub 982
(84)
Permit /
4615 Camder
Dr /Encroact
(65)
14. TRAFFIC CONTROL AT THE INTERSECTION OF Traffic/
CENTER DRIVE AND NEWPORT CENTER DRIVE - Center Dr
Direct staff to proceed with the Npt Ctr Dr
installation of a pedestrian crossing (85)
sign with flashing beacons at Center
Drive and Newport Center Drive. [Report
from the Traffic Affairs Committee]
Volume 47 - Page 36
COUNCIL MEMBERS
s
ROLL CHLL
•
Motion
All Aye:
•
CITY OF NEWPORT BEACH
MINUTES
March 8, 1993
INDEX
GPA 93 -1
(45)
Harbor
Permit
Apl 132 -201
Traffic/
Back Bay Dr
(85)
Ord 93 -2
15. GENERAL PLAN AMENDMENT NO. 93 -1, request
to initiate an amendment to the Newport
Beach General Plan as follows: [Report
from the Planning Department]
A. Seaward Road: Request of
Seaward 17, Inc., to amend
the General Plan Land Use
Element to redesignate a
strip of property adjacent
to Lots 164 through 181 of
the Corona Highlands
Subdivision in an
unincorporated portion of
the Newport Coast
development from
Recreational and
Environmental Open Space to
Single Family Detached, as
an action preliminary to
the incorporation of the
area into the City of
Newport Beach.
16. HARBOR PERMIT APPLICATION 132 -201 BY THE
IRVINE COMPANY - Approve request to
revise the permit for the Commercial
Marina bayward of 337 East Coast
Highway, subject to conditions in the
staff report. [Report from the Marine
Department]
ITEMS REMOVED FROM THE CONSENT CALENDAR
Agenda Item No.
2. Report from the Traffic Affairs
Committee recommending 15 MPH speed
limit on Back Bay Drive between
Shellmaker and Eastbluff Drive.
J. F. Robinson, 1007 Nottingham Road,
addressed the Council, advising that he
was pleased with the proposed ordinance
to lower the speed limit to 15 MPH, and
expressed his appreciation for the work
that has been done on this issue, but he
felt that some ground rules should be
set by the City in the form of a policy
as to what the purpose of Back Bay Road
is, i.e., pedestrians vs. bicycle
traffic.
Following discussion, an additional
recommendation, "No. 6 - Staff to
develop and promote an equitable policy
for all users of Back Bay Drive," was
added to the staff report from the
Traffic Affairs Committee.
X
Notion was made to introduce, and pass
to second reading on March 22, 1993,
Proposed ORDINANCE NO. 93 -2,
being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ESTABLISHING A 15 MPH SPEED I T
ON BACK BAY DRIVE BETWEEN
SHKIJ21AKE11 AND EASTBLUFF DRIVE.
Volume 47 - Page 37
INDEX
GPA 93 -1
(45)
Harbor
Permit
Apl 132 -201
Traffic/
Back Bay Dr
(85)
Ord 93 -2
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
S March 8, 1993
ROLL CELL
MINUTES
101fS 1
3. Report from the Fire Chief recommending
Paramedic
establishing, by resolution, PARAMEDIC
User Fees
USER FEES AND A PARAMEDIC MEMBERSHIP FEE
(40/41)
SCHEDULE.
The City Manager summarized that under
this proposal, if you dial 911 the
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Paramedic Services will respond, but the
change will be that if basic life
support services are used there will be
a charge of $150; if advanced life
support services are used it will cost
$250. However, there are two choices- -
the service can be used and paid for, or
by subscription cost of $42 a year which
covers the permanent family household
members. He. advised that the public
will be informed of this program within
the next few months, if it is approved
tonight.
Fire Chief, Tim Riley, addressed the
.Council with additional information
concerning the three components of the
program for revenue purposes for ENS
related businesses, which are the user
fee (required of every person who uses
the service); membership program (either
resident or business may subscribe for
everyone at that address and be covered
for all services during the course of
the year); and an ambulance franchise
fee. He advised that the ultimate goal
of the program is to offset the cost of
the City's EMS programs to recover costs
from people who are not residents of the
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City, and at the same time provide a
benefit for residents and businesses of
the City who subscribe.
Motion
x
Following discussion regarding the large
Res 93 -11
All Ayes
number of visitor users, especially in
the summer months, (approximately 50 %)
motion was made to adopt Resolution No.
93 -11 establishing PARAMEDIC SERVICE
USER FEES AND PARAMEDIC MEMBERSHIP FEE
SCHEDULE, as provided for in the City of
Newport Beach Municipal Code Chapter
5.60.
4. Report from the Public Works Department
Library
concerning CENTRAL LIBRARY ARCHITECTURAL
C- 2778(a)
AGREEMENT CONTRACT NO. 2778(a); and
(38)
10. Report from the Public Works Department
PW /Pln Chcb
concerning ADOPTION OF PLAN PREPARATION
Guidelines
AND PLAN CHECK GUIDELINES.
(74)
Motion
x
Following remarks from Mayor Turner
All Ayes
concerning the study session
recommendation for Consent Calendar
items No. 4 (further review regarding
the accounting breakdown to date) and 10
(further review of the technical
aspects), motion was made to defer
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action to March 22, 1993.
Volume 47 - Page 38
COUNCIL MEMBERS
"g, ``� �o
s
ROLL CRLL
Wn
ye;
Motion
All Aye!
•
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CITY OF NEUORT BEACH
MINUTES
March 8, 1993
INDEX
WNpt Comp
Plan Exec
Steering
Cmte
(24)
Gang Task
Force Cmte
CONTINUED BUSINESS
17. WEST NEWPORT COMPREHENSIVE PLAN
EXECUTIVE S'KXQIN AD HOC CITY
COUNCIL/CITIZENS COMMITTEE.
X
Notion was made to accept letter of
resignation from Sally Cook, and confirm
appointment of Jeff Jacobs.
18. CANG TASK FORCE AD HOC CITY
COUNCIL/CITIZENS COMMITTEE.
X
Notion was made to confirm Council
Members Debay and Hedges; Shirley
Feller, Fred Hernandez, At -Large
Members; and Judy Franco, Newport -Mesa
Unified School District Board of
Trustees Representative.
Meeting adjourned at 7:45 p.m. to closed
session to discuss pending litigation and
personnel matters;.and adjourned at 9:15 p.m.,
with no action taken.
The agenda for this meeting was posted
on March 4, 1993, at 8:45 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach
Administration Building.
yor
ATTEST:
City C lark �6R
Volume 47 - Page 39
INDEX
WNpt Comp
Plan Exec
Steering
Cmte
(24)
Gang Task
Force Cmte