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HomeMy WebLinkAbout10/10/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL Present x x x x x x x Mo All Ayes Motion All Ayes C 0 Motion All Ayes x x REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 2:00 P.M. DATE: October 10, 1994 ROLL CALL Presentation to Mayor Turner by Debbie Marsteller, representative of Vantage Foundation, Inc., - CERTIFICATE THANKING THE CITY FOR THEIR SUPPORT ON BEHALF OF PEOPLE WITH DEVELOPMENTAL DISABILITIES. Reading of Minutes of Meeting of September 26, 1994, 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. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Council Member Debay requested a staff report within 30 days regarding an update on the City's water project. Council Member Hart asked for a more comprehensive report on the costs - savings regarding the combining of the Community Services /Parks, Beaches and Recreation brochure. Council Member Hart requested staff bring back a report on October 24, 1994, concerning construction of Bolsa Park. Council Member Hedges requested a report with a cost - estimate and the feasibility of laying empty dry conduit in the ground during the ongoing alley and maintenance program which will facilitate undergrounding districts at some time in the future. Council Member Sansone requested City regulations regarding the use of fire rings on the beaches, and installation of signage in Spanish and Vietnamese. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Council Member Debay requested a staff report with input from the Planning Department, including a job description for a Municipal Compliance Officer and funding for this position, as there is a shortage of staff to regulate Code Enforcement. Council Member Cox gave his approval to allow more convenient utilization of electric charging units for new construction in the City, as the Building Department is considering an ordinance under the Building Code concerning the (voluntary at this time) use of electric vehicles. - Received and Bicycle Trails Citizens Advisory Committee - Minutes of September 12, 1994. Volume 48 - Page 356 MINUTES (24) COUNCIL MEMBERS ROLL 3ILL04 Motion All Ayes • • x �fA :9 CITY OF NEWPORT BEACH October 10, 1994 STAFF REPORTS 2. Planning Commission Actions of Meeting of October 6, 1994 (received and filed). 3. Non- profit Corporation and City Donations - Memorandum from Mayor Turner. Mayor Turner stated that over the years citizens from various walks of life have come forward with offers to donate something special to the City which is over and above the norm, i.e., the scholarship fund of former Mayor and Council Member Donald Strauss, the donation of property located in the McFadden Square area by the late Carl Ackerman, and more recently the proposal to donate cherry trees to the City worth approximately $30,000 by Mr. Matsumoto. Mayor Turner commented on the fact that based on the premise that people will be more generous to the City under certain conditions such as a separate corporation owned by the City distinct in name and function to insure that donors know that their funds will not wind up in the City's General Fund, but that they will be used for specific purposes which are approved by the City Council. In this respect, he suggested that the City establish a public benefits corporation which will be designed to take advantage of the federally supported tax deductible provisions of the Internal Revenue Codes such as a 501c(3) designation. Should the project go forward, the City Council Members should also act as the Board of Directors of the proposed corporation and the officers formed from an all volunteer operation, much the same as commission members and committee members appointed by the Council, who would be selected by the City Council, serve at the Council's pleasure and would be charged with the responsibilities which the Council establishes. Discussion ensued wherein Mayor Turner stated that there needs to be a policy, whereby the City Council would be its Board of Directors and approve the project and officers would be citizens who would be willing to go out and utilize that mandate to raise funds for specific projects. There would be a minimal cost to the City to set up the Corporation through the City Attorney's office regarding legal work and setting up the By -Laws. The City Attorney assured control of the use of the contributions through the Articles of Incorporation and the By- Laws which would specify a process by which the donations would be reviewed by City Staff /City Council, and establish guidelines that would cause those funds to be used for things other than normal maintenance of City infrastructure, etc. Volume 48 - Page 357 MINUTES �i (40) INDEX X611w(10 rw Wit 164:9 *0%0,�'100y%,,`Ylk ROLL CITY OF NEWPORT BEACH October 10, 1994 MINUTES INDEX Council Member Mart expressed concerns similar to Mayor Pro Tem Watt's with regard to the decision making of how and where the money would be spent, citing the new Library and the result of persons other than the City Council making the decisions here. Dolores Otting, 17 Hillsborough Drive, addressed the Council, expressing concerns about the establishment of a public benefits corporation and stating that she was confused, citing the fact that: 1) At the present time, the City has a non- profit corporation which is called the Newport Beach Public Facilities Corporation and that is how the City was able to issue the Certificates of Participation that enabled the Library to be built, a non- profit organization that is supposed to meet once a year the second Monday of July and hasn't met since its formation in May of 1992, adding that the City can't seem to get that non - profit organization together properly and now the City wants to start another one with a shortage of staff; 2) She has been in other Cities where contracts have been given to different people of different companies to do work and it seems that part of the contract, even though it's legal, is to give a donation of $150,000 to the public park corporation. So her concern is that, though not intended, this could become a vehicle by which • special interest groups and lobbyists could give money to the City in large quantities to influence things, or to influence jobs that they might want to get, and felt that this might be a way to circumvent the campaign reform in this City. She was concerned that there are a lot of different variables by which the City is putting in a vehicle that will help to corrupt the City, by comparing what is happening in other Cities. Mayor Pro Tem Watt stated that she was in support of exploring the concept, but that there would have to be a lot of questions answered before finalizing the corporation. Motion x Mayor Turner made a motion to direct All Ayes staff to verify the proper IBS designation of the corporation, establish a suggestion policy to carry out the goals of the corporation and report back to the City Council for confirmation. ADJOURNED AT 2:37 P.M. TO CLOSED SESSION [Refer to separate agenda from City Attorney] • CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 5:10 P.M. BECONVENSD AT 7:00 P.M. Mayor Turner extended best wishes to Council Member Sansone in recognition of his 75th birthday. Volume 48 - Page 358 MINUTES INDEX COUNCIL MEMBERS � %\ Motion All Ayes • • X CITY OF NEWPORT BEACH October 10, 1994 CONSENT CAT —BAR The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION Passed to 2nd reading on October 24, 1994: 4. Proposed ORDINANCE NO. 94 -49, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.32.020(b) OF THE NEWPORT BEACH MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES EXCEEDING 6,000 POUNDS FROM OPERATING ON CERTAIN STREETS WITHIN THE CITY LIMITS. [Memorandum from Traffic Affairs Committee] 5. Removed from the Consent Calendar. Schedule for public hearing on October 24, 1994: 6. Removed from the Consent Calendar. 7. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS 8. OCEAN FRONT STREET END CONSTRUCTION PROGRAM /ORANGE STREET ASPHALT WAI"AY - Award CONTRACT NO. 2984 to Damon Construction Company of Carson, California, for the total bid price of $132,054.50. [Recycled report of September 26, 1994 from Public Works Department] 9. Removed from the Consent Calendar. 10. PERSONNEL VACANCIES - Report from Personnel Director. 11. CLAIMS - For Denial by the City Manager: Janice Aldridge alleging her windshield was damaged as a result of rock hitting it from vehicle in front of her on Pacific Coast Highway near Iris Avenue approximately two to three months ago. Arturo I. Concepcion alleging damage to rear end of vehicle as a result of being struck by City vehicle at Lucky's Shopping Center, Balboa Boulevard on September 2, 1994. Federal Insurance Company/The Chubb Group for Harriette Witmer alleging property damage as a result of City tree falling onto her home at 1714 Starlight on April 24, 1994. Elisabeth Levin alleging personal Injuries as a result of being hit by a bicycle from behind while walking on the Oceanfront Boardwalk on April 1, 1994. Volume 48 - Page 359 MINUTES 1 110 Ord 94 -49 Commercial Vehicles (85) Ocn Frnt Cnstrctn C -2984 (38) (66) COUNCIL MEMBERS ROLL • • CITY OF NEWPORT BEACH MINUTES October 10, 1994 INDEX Asta Puttner alleging personal injuries as a result of trip and fall on step she did not see because of insufficient and unsafe lighting caused by broken or burned out light bulb on Corona del Mar beach near Marguerite Avenue on April 30, 1994. Diana and Steve Levelling alleging ficus trees in parkway caused sewer backup at 1101 Goldenrod Avenue on September 3, 1994, seeking reimbursement of $149 for plumbing bill and requesting trees be removed immediately. Pacific Bell alleging City damaged 200 pair underground telephone cable and conduit at 607 W. Bay Avenue on April 12, 1994, seeking reimbursement of $756.77. Jon Schisler alleging personal injuries, etc., as a result of traffic collision at MacArthur Boulevard and 73 Freeway on April 2, 1994. Shaun Schisler alleging personal injuries, etc., as a result of traffic collision at MacArthur Boulevard and 73 Freeway on April 2, 1994. Raymond A. Smith alleging property damage as a result of City sewer backup at 206 La Jolla Drive on September 16, 1994. State Farm Insurance Company for Evelyn Lewis alleging damage to vehicle as a result of traffic incident with City street sweeper on 12th Street, on July 14, 1994. Lori Tooker alleging tree limb caused her car antenna to break at Birch and Teller Streets on August 1, 1994; seeking reimbursement of $260. 12. RESDBDIVISION NO. 997 - Approve the Resub 997 improvement plans and specifications and (84) accept the public improvements constructed in conjunction with Resubdivision No. 997; authorize the City Clerk to release the Faithful Performance and Labor and Material Bonds (13- 40 -87) in six months provided no claims filed. [Report from Public Works Department] 13. IRVINE AVENUE AND 17TH STREET/WESTCLIFF Irvine Ave, DRIVE STREET IMPROVEMENT CONTRACT NO. 17th St 2943 - Approve the plans and C -2943 specifications and authorize City Clerk (38) to advertise for bids to be opened at 11 a.m., November 2, 1994. [Report from Public Works Department] 14. POLICE FACILITY SHOOTING RANGE Police MODIFICATIONS AND ELECTRICAL SYSTEM Fclty Shtn, IMPROVEMENTS CONTRACT NO. 2980 - Approve Range an exception to the Capital Projects moratorium; approve the plans and C -2980 specifications; and authorize staff to (38) advertise for bids. [Report from Public Works Department] Volume 48 - Page 360 COUNCIL MEMBERS • • Mo 'on yes CITY OF NEWPORT BEACH October 10, 1994 15. 212 KINGS PLACE CITY UTILITY EASEMENT - Approve an agreement for non - standard improvements within the City's public utilities easement at the subject property; City Clerk to have agreement recorded with the Orange County Recorder. [Report from Utilities Department] 16. 324 POPPY AVENUE - Approve an agreement for non- standard improvements within the public right -of -way adjacent to the subject property; City Clerk to have agreement recorded with the Orange County Recorder. [Report from Utilities Department] 17. 3366 VIA LIDO CITY UTILITY EASEMENT - Approve an agreement for non - standard improvements within the City's public utilities easement at the subject property; authorize City Clerk to record with the Orange County Recorder. [Report from Utilities Director] 18. 2401 CLIFF DRIVE CITY UTILITY EASEMENT - Approve an agreement for non - standard improvements within the City's public utilities easement at the subject property; and City Clerk record agreement with Orange County Recorder. [Report from Utilities Department] 19. HOAG HOSPITAL - Accept offer from Hoag Hospital to dedicate a linear park. [Report from City Attorney] ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda No. 5. Memorandum from Contract Attorney, City Attorney's office recommending introduction of proposed ORDINANCE, being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING A NEW CHAPTER 10.50 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE ABATEMENT. In response to question raised by Council Member Hedges regarding the storage of old cars, boats, etc., in driveways or on the street, the City Attorney advised that there is a separate chapter in the Municipal Code that deals with the abatement of nuisances that are of a vehicular nature, and conforms to requirements set forth in the Vehicle Code. In view of the foregoing, motion vas made by Council Member Hedges to introduce Ordinance No. 94 -50 and pass to second reading on October 24, 1994. Vole 48 - Page 361 E MINUTES INDEX Non -Std Impv (65) Non -Std Impv (65) Non -Std Impv (65) Non -Std Impv (65) Hoag Hspt] C -2912 (38) Public Nuisance (70) Ord 94 -50 COUNCIL MEMBERS CRLL G\ck` 1K • Motion All Ayes 0 x CITY OF NEWPORT BEACH October 10, 1994 Report from Planning Department recommending introduction and scheduling of public hearing on October 24, 1994 for proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS PERTAINS TO BALCONIES AND DECKS TO ENCROACH A MAXIMUM OF THREE FEET INTO REQUIRED FRONT YARD SETBACKS ON RESIDENTIAL LOTS ALONG EAST OCEAN FRONT AND WEST OCEAN FRONT ON THE BALBOA PENINSULA AND IN WEST NEWPORT (PLANNING COMMISSION AMENDMENT NO. 785). At the request of Council Member Hedges, this item was removed from the Consent Calendar because of a possible conflict of interest, and therefore, motion was made by Mayor Turner to introduce Ordinance No. 94 -51 and schedule for public hearing on October 24, 1994. 7. Report from Planning Department recommending introduction and scheduling of public hearing on October 24, 1994 for proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.72.010 OF CHAPTER 20.72 AND 20.87.265 OF CHAPTER 20.87 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE DEFINITION OF RESTAURANTS (PLANNING COMMISSION AMENDMENT NO. 810). In response to question raised by Council Member Hedges as to whether or not the proposed Ordinance had been referred to the Economic Development Committee for comment, staff replied in the negative, but indicated there still was time to do so if that was the desire of the Council. Council Member Hart indicated she felt it would be inappropriate to refer this item to the Economic Development Committee after it has already been to the Planning Commission. The Planning Director reported that the proposed amendment is one of three different amendments that will be processed through the Planning Commission and City Council. The other two amendments deal with the definitions of the term "nightclub and bar," and the type of emphasis that is placed on each one of those types of uses. This matter has come about as a result of the current definition of "restaurant" which encompasses bars, and theaters/ nightclubs. What the staff has attempted to do in the proposed Ordinance is to provide a definition which places the emphasis on the term "restaurant" for a business establishment which serves food and beverage, but where entertainment, dancing, and the like is secondary. Volume 48 - Page 362 MINUTES Iek TO Balconies/ Decks Encroach PCA 785 (94) Ord 94 -51 Restaurant PCA 810 (94) COUNCIL MEMBERS ROLL CR �`��s9y���� • Motion All Ayes Motion All Ayes • x x CITY OF NEWPORT BEACH October 10, 1994 The Planning Director noted that since the Planning Commission hearing on this item, it was determined that the 258 threshold is substantially larger than any existing restaurant or proposed restaurant would have in the City devoted to the provision of live entertainment, and therefore, he recommended that Section 20.72.010 (Line 7) be amended to change the threshold so as to not exceed "208 of the net public area" and in so doing, this would not affect any existing restaurant. Following discussion, motion was made by Council Member Hart to introduce Ordinance No. 94 -52, as amended in the foregoing, and to schedule public hearing on October 24, 1994. Report from Utilities Department recommending approval of Professional Services Agreement with Boyle Engineering Corporation for $90,782 to prepare a MASTER PLAN OF SEWERS. Following comments by Council Member Watt, motion was made to approve the recommended action, but that staff come back with a report within one month on the relevance of the consultant's report to large current projects such as the Castaways and Fashion Island, and if desirable,. develop a means of timing such a report to be available during hearings for these projects. PUBLIC HEARINGS 20. Mayor Turner opened the continued public hearing regarding proposed ORDINANCE NO. 94 -45, 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 ADD REGULATIONS RELATED TO THE COLLECTION AND LOADING OF RECYCLABLE MATERIALS IN NEW DEVELOPMENT PROJECTS (PLANNING COMMISSION AMENDMENT NO. 808). Report from Planning Department. It was noted that this amendment was introduced and originally set for public hearing on September 26, 1994; however, in the interim a question arose as to whether the ordinance, as introduced by the City Council, would meet the requirements of AB1327 or if the City is now required to adhere to the requirements of the model ordinance adopted by the State. This matter was therefore continued to the City Council meeting of October 10, 1994. The General Services Director is now in the process of soliciting an opinion from the California Integrated Waste Management Board, and therefore, it was recommended this item be further continued to the City Council meeting of October 24, 1994. Volume 48 - Page 363 MINUTES Ord 94 -52 Master Plan /Sewer C -3020 (38) Ord 94 -45 Recyclable Materials PCA 808 (94) COUNCIL MEMBERS s 'P ROLL CRLL Motion All Ayes • • Motion All Ayes CITY OF NEWPORT BEACH October 10, 1994 Hearing no one wishing to address this issue, and in view of the foregoing recommendation, motion was made by Mayor Turner to continue this public hearing to October 24, 1994. At the request of Council Member Sansone, Agenda Item No. 23 was brought up at this time. 23. Mayor Turner opened the public hearing regarding Council review of USE PERMIT NO. 3539 - Request to permit the establishment of a restaurant with on- sale beer and wine and live entertainment and tandem parking in conjunction with a full time valet parking attendant, on property located in the RSC District, 3140 East Coast Highway, on the northwesterly corner of Larkspur Avenue and East Coast Highway, in Corona del Mar. The proposal also includes a request to waive a portion of the required off - street parking spaces. Report from Planning Department. The City Clerk advised that after the agenda was printed, two letters were received in opposition to the proposed restaurant from property owners at 3200 East Coast Highway and 418 -1/2 Larkspur. Council Member Sansone stated it is his understanding that the applicant for the proposed restaurant does not have a lease or contract with the subject property owner, and therefore, suggested this matter be continued to October 24, 1994. John McLaughlin, Applicant, addressed the Council and stated he is in the process of securing a small business loan for the proposed restaurant; however, the landlord is not receptive to executing a lease for the property until the City has approved the use permit. The City Attorney stated that a use permit application can be submitted by the owner or an agent for the owner, or someone having a contractual interest in the property, and therefore, the City Council may wish to continue this matter to determine whether Mr. McLaughlin or the property owner wishes to proceed with the use permit application. In view of the foregoing comments, motion was made by Council Member Sansone to continue this public hearing to October 24, 1994. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -47, being. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLES 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE REVISING THE CITY'S CONDOMINIUM CONVERSION REGULATIONS (PLANNING COMMISSION AMENDMENT NO. 809). Volume 48 - Page 364 MINUTES INDEX Use Permit 3539 (88) Condo Conversioi PCA 809 (94) COUNCIL MEMBERS ROLL CRLL��s9y�J� • • Motion • Ayes X x X X X Abstained x CITY OF NEWPORT BEACH October 10, 1994 Report from Planning Department. The Planning Director stated this item was approved by the Planning Commission on September 8, 1994, and the Ordinance was introduced by the City Council on September 26, 1994, with one additional change pertaining to- the waiver modification or delaying of underground electrical connections to the units being converted. The major changes are as follows: 1) Eliminates the requirement for a use permit and a Planning Commission hearing; 2) Eliminates the requirement for a parcel map on a conversion of four or fewer units; 3) Allows for the modification of standards by a simple majority of the Modifications Committee instead of a super majority by the Planning Commission; 4) Eliminates the requirement of the 5,000 sq. ft. lot for conversion projects; 5) Eliminates the requirement to bring structures up to current Building Codes; 6) Modifies the vacancy rate regulations so as to apply to projects with 15 units or greater, and the survey can be conducted over the telephone by the Planning Department as opposed to a more lengthy process; 7) Notice of Intent to Convert is increased from 120 days to 180 days to conform to the requirements of the Subdivision Map Act. Council Member Debay complimented the Planning Director and Bill Ward, Senior Planner, for their efforts in developing the proposed Ordinance, and stated it will greatly affect the area in West Newport in that it will make it much easier to convert some of the duplexes to condominiums. It is her hope there will be an increase in more permanent residents. thereby reducing some of the problems related to weekly rentals. X Hearing no one wishing to address the Council, the public hearing was closed, and motion was made to adopt Ordinance No. 94 -47. Council Member Sansone indicated he will abstain from voting on this item due to possible conflict of interest. X The motion was voted on and carried. Volume 48 - Page 365 MINUTES BID 94 -47 COUNCIL MEMBERS ROLL CHLL CITY OF NEWPORT BEACH October 10, 1994 Volume 48 - Page 366 MINUTES A 87 -1(B ise ement (94) 94 -48 [mil Donald Regan, 924 W. Oceanfront, addressed the Council and stated that he will not be able to come back on October 24 to give his input regarding Agenda Item No. 23 which was discussed earlier and requested that he be heard • at this time. Motion x In view of the foregoing, motion was All Ayes made by Mayor Turner to allow testimony from Mr. Regan as requested. Mr. Regan stated he endorses the proposed restaurant at Larkspur and Coast Highway, and that the applicant is the current Chef at J.W.'s at the Anaheim Marriott which is one of the best restaurants in California. He stated Mr. McLaughlin operates a first - class, high - quality establishment which he personally felt would be of great benefit to Newport Beach. 22. Mayor Turner opened the public hearing regarding: GENERAL PLAN AMENDMENT NO. 87 -1(B) - Request to initiate an amendment to the Noise Element of the General Plan so as to conduct a comprehensive update of technical and policy information necessary to reflect the changes in community noise environment and noise- related issues which have • occurred since its original adoption; AND proposed ORDINANCE NO. 94 -48, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 1.12, 6.04, 10.28, 10.32, 15.02, 20.01, 20.10 AND 20.70 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE CURRENT NOISE CONTROL REGULATIONS TO BE CONSISTENT WITH THOSE CONTAINED IN THE NOISE ELEMENT OF THE GENERAL PLAN AND TO ADD CHAPTER 10.26 COMMUNITY NOISE AND VIBRATION CONTROL (PLANNING COMMISSION AMENDMENT NO. 807). Report from Planning Department. Letters from Michael H. Grey, resident of Big Canyon; Dennis Harwood, President of Big Canyon Country Club; Walter W. Charamza; Christoper C. Gibbs; Villageway Management, Inc.(on behalf of Canyon Fairway Community Association); Dana W. Reed, President, Big Canyon Townhomes Association; and Donald E. Slaughter. The City Clerk advised that after the agenda was printed, additional letters were received regarding the proposed Noise Ordinance from the following: Virginia H. Connolly, 7 Deerwood Lane; Tim Brown, President, Sea Island Community Association; Melinda Mason, Volume 48 - Page 366 MINUTES A 87 -1(B ise ement (94) 94 -48 [mil CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES tic�,g' mss'F F� October 10, 1994 ROLL CALL Tunry President, Big Canyon Condominium Noise Association; Keith & Cheri Jacobson, 1 Element Deerwood Lane; Barry & Jan Grumman, 5 Deerwood Lane; Stan & Elyse Katz, 11 Deerwood Lane; Daniel J. Rabun, 3130 Corte Hermosa; Michael Kubas, Property • Administrator, Villageway Management; W. Clark Graves, University Athletic Club; Terry C. Hackett, 3 Upper Newport Plaza Drive; William B. Resler, 9 Rue Villars; Bernie Rome, President, Canyon Hills Community Association; Ronald B. Haggard, Sr., Two Canyon Fairway Drive; John P. Murphy, 65 Sea Island Drive; Kirk S. Elliott, 5 Rue Fontaine; Cecilia & Randall Presley, 23 Burning Tree Road; Neal Lakenan, President, Canyon Island Community Association; John Hagestad, 23 Hermitage Lane; Jay Colliatie, Director of Golf, Pelican Hill Golf Club; Clinton Rygel, 1807 Galatea Terrace. Patrick Alford, Senior Planner, summarized the proposed Ordinance noting there are two items under consideration: 1) General Plan Amendment to adopt the new Noise Element text, and 2) amendments to the Municipal Code to revise existing noise control regulations to be consistent with the policies of the new Noise Element. This includes adding Chapter 10.26 which would contain the proposed Noise Ordinance.. • Mr. Alford noted that the new Noise Element identifies noise sources and noise sensitive areas within the community, and the analysis includes traffic noise contours for all the major arterials within the City, noise contours for John Wayne Airport and a community noise measurement survey. As a General Plan document, it contains a number of solutions to existing and future noise problems within the community, including a set of goals, policies and implementation programs. The plan includes a land use noise compatibility matrix, set of performance standards, and a set of procedures and programs to implement the goals of the Noise Element. The key implementation program proposed is a comprehensive Noise Ordinance and would establish noise zones for commercial, industrial and residential land uses. All the noise sources within the community will be subject to the provisions of the Noise Ordinance unless they are specifically exempted. Other amendments to the Municipal Code include provisions relating to mechanical leaf blowers, loud and unreasonable noise, construction noise, sound amplifying • equipment, etc. Mr. Alford stated that in the course of the hearings before the Planning Commission, three main concerns were expressed, i.e.: 1) noise from air conditioning, 2) noise associated with property maintenance, particularl maintenance of golf courses, and 3T noise from activities at public schools Volume 48 - Page 367 CITY OF NEWPORT BEACH COUNCIL MEMBERS S' FA October 10, 1994 ROLL CALL • • and parks. He outlined these issues as enumerated in the proposed Ordinance and answered questions of the Council. With respect to property maintenance/ golf courses, it was noted that currently, the Municipal Code contains no specific provisions for controlling noise from property maintenance, with the exception of limits on the hours of operation for mechanical leaf blowers. It is proposed in the new Noise Ordinance that property maintenance be permitted without restrictions between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, and between the hours of 9:00 a.m. and 8:00 p.m. on Sunday. Outside of these hours, such activities would not be permitted to produce loud noise that disturbs the peace of those who work or reside in the vicinity. Speaking to concerns expressed by Council Member Watt regarding the mowing of greens at the various golf courses in the early morning hours, Council Member Debay advised that she had met with the General Manager and Golf Pro at the Big Canyon Country Club regarding this very issue, and she was informed that they are in agreement to start mowing the greens furthest from the homes first and that they will not get to green No. 4 until around 6:45/7:00 a.m. In addition, they demonstrated a quieter engine on the mower that is used on the greens as opposed to the type used on the fairways. Mayor Turner expressed his, concerns regarding the noise from whistles used at outdoor sporting events such as basketball, water polo, etc., in which Mr. Alford pointed out that the City has no jurisdiction over public agencies who sanction activities that could cause noise problems. However, that particular public agency does not have a "blank check" with respect to noise, inasmuch as there is language in the Noise Ordinance that does indicate they must stay within their respective "mission" statement. Don Slaughter, 2200 Aralia Avenue, addressed the Council regarding the noise from the whistles used during water polo events at the Marian Bergeson Aquatic Center in Corona del Mar. He stated that he was not opposed to the activities held at the Center or the scheduling of the events, but rather the "incessant" noise from the whistles used at those functions. The City Manager stated that at the October 4, 1994 meeting of the Parks, Beaches & Recreation Commission, they discussed the above issue and following their consideration, unanimously recommended that no activities start before 8 a.m. and, whenever possible, at 9 a.m., and that all events be scheduled to end at 9 p.m. Volume 48 - Page 368 MINUTES Element COUNCIL MEMBERS ROLL CRLL��y�j, CITY OF NEWPORT BEACH October 10, 1994 Volume 48 - Page 369 MINUTES INDEX Element Pete Compton, 56 Balboa Coves, member of the Parks, Beaches 6 Recreation Commission, addressed the Council and indicated that when the Commission considered this item, the whistle was not the main issue, but rather the time • events begin. He stated that whistles are necessary in certain activities such as soccer, basketball, water polo and sometimes they are all occurring at the same time. He stated he felt this matter should be reconsidered by the Parks, Beaches & Recreation Commission not only because of the noise from the whistles, but because not all events are City- sponsored, therefore the school district will need to be involved. Vince Mestre, 280 Newport Center Drive, Noise Consultant for the City, addressed the Council and stated that the most obvious and direct mitigation measure that could be applied regarding the Marian Bergeson Aquatic Center has already been done with the extension of the wall, and the next step in an attempt to alleviate the noise emanating from the pool would be to raise that barrier itself or install some type of patio cover to act as a wall to reduce some of the whistle noise. In response to question raised by Council Member Debay with respect to double pane windows, Mr. Mestre stated he would furnish the City Council with information in this regard. Debra Reed, 10 Canyon Island Drive, addressed the Council and asked for clarification regarding the maintenance of sandtraps, to which Mr. Alford stated that the exemption applies only to greens maintenance and that any other type of property maintenance of the golf course would have to be conducted during the specified hours. Ms. Reed stated that the Lakeside Country Club in Burbank begin their golf course maintenance at 8 a.m. in order to be good neighbors to the golf residents even though the City of Burbank has a starting time of 7 a.m. for maintenance work. She stated she would hope that Big Canyon Country Club could implement a similar maintenance program. Tina Simpkin, 5 Sea Island Drive, representing Sea Island Community Association, addressed the Council and stated they were in support of Section 10.28.045 to regulate Real Property Maintenance, and would also support exclusion for Big Canyon Golf Course Maintenance if they would agree to work with the Associations and homeowners that are affected by the early morning maintenance noise. Volume 48 - Page 369 MINUTES INDEX Element CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �`� FS October 10, 1994 ROLL CALL TNnFY Jerry Anderson, Director of Golf Noise Operations at Newport Beach Country Element Club, addressed the Council and stated they are very cognizant of the adjacent property owners who reside on the golf course and work very closely with them • to be good neighbors. He stated it would be very difficult for them to move their morning maintenance program to 7 a.m. because their first golf starting time is 6:28 a.m. Judy Rosen, 200 Poppy Avenue, addressed the Council regarding the noise from school children who are bussed to her residential area to view the Tidepools at Little Corona beach. She stated that as many as 300 children a day, six to seven months a year congregate around her home and the noise level is very difficult to comprehend; she felt the school program violates parking regulations as well as the Noise Ordinance; the buses are a nuisance, and as a result, property values in the area have declined. The City Manager advised that he has met ° with Mrs. Rosen regarding this matter and has another meeting scheduled for tomorrow with her and the Acting Marine Director, and it is hopeful they can come closer in resolving the noise problem. . Council Member Sansone stated that he is very aware of this problem, and has suggested on numerous occasions to have the Police Department issue parking citations to the buses who park in the loading and unloading areas.. Tony Melum, Acting Marine Director, addressed the Council and stated that their Department has been managing the Tidepools since 1968. In previous years, there used to be 1500 to 2000 children per day visiting the Tidepools, and they believe the program they are now overseeing with 300 children per day is much improved. He stated the problem is that the streets being used are public, as well as the beach, and the Tidepools at Little Corona are the best in Orange County. They do have some ideas they are going to present at tomorrow's meeting with the City Manager and Ms. Rosen which hopefully will alleviate the problem. Mike Francik, 3728 Ocean Boulevard, addressed the Council regarding the noise created by the school children visiting the Tidepools. He stated that one of the problems is that many of the • children sing while enroute to the Tidepools as well as on their return to the busses. He also stated that 50% of the homes on Ocean Boulevard are for sale and he felt it was because of the noise from the children and school busses. Volume 48 - Page 370 COUNCIL MEMBERS ROLL CRLL��s����� TG�2���� • • CITY OF NEWPORT BEACH October 10, 1994 Christine Hehir, 53 Sea Pine Lane, addressed the Council regarding the noise from the mowing of the greens at Big Canyon Country Club. She stated she resides in the townhomes adjacent to the golf course, and that the maintenance crews began last Thursday at 5:30 a.m. She stated she felt that even 6 a.m. was excessive relative to noise, and urged that they not be allowed to begin work on the greens until 7 a.m. Luvena Hayton, 235 Poppy Avenue, addressed the Council regarding the noise created by mechanical leaf blowers. She stated it is not just the noise that is the problem, but felt it was a matter of health because of what is blown into the air from the leaf blowers. She also noted that the cities of Carmel and Beverly Hills do not allow gas powered leaf blowers, and she felt that Newport Beach should ban them as well. Dennis Harwood, President, Big Canyon Country Club, addressed the Council and stated that he has enumerated their position in a letter to the City. He discussed a survey they conducted recently as to noise levels from the maintenance equipment; they open golf play at 6:30 a.m. and begin maintenance at 6 a.m. on Green #1 which means they will not get to Green #4 until approximately 7 a.m.; there are 200 homes that face the golf course and the closest home to a green is approximately 140 feet; it takes approximately 15 to 20 minutes to cut the greens, and they mow the fairways two to three times a week. Dana Reed, 10 Canyon Island Drive, Chairman of the Big Canyon Townhomes Association, addressed the Council and urged that no maintenance be allowed on the greens, fairways or sandtraps before 7 a.m. He stated that if the 6 a.m. time is approved for the greens, he would hope that the Council would adhere to no earlier than 7 a.m. for the fairways and sandtraps. Dick Wagner, 2315 Aralia Street, addressed the Council regarding the noise from the water polo events held at the Marian Bergeson Aquatic Center. He stated he agreed with the comments of Mr. Slaughter regarding the annoying whistle noise which occurs every three to five seconds, and he would be very appreciative of whatever assistance the City could give to the residents in the area. Debbie Mc]ain- Jarecki, 1 Sea Island Drive, addressed the Council in opposition to the 6 a.m. golf course maintenance starting time. She stated she resides approximately 20 feet from a sandtrap and that on Sundays around 5:45 a.m., a very loud three -wheel tractor mows around that sandtrap. She also stated that she has double -pane Volume 48 - Page 371 MINUTES INDEX CITY OF NEWPORT BEACH COUNCIL MEMBERS ��y �j� �G.r, �pT Hof. �`m9 S F� October 10, 1994 ROLL CRLL MINUTES INDEX windows and wears ear plugs at night, Noise but it still does not cover up the Element noise. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and • discussed how he has used double -pane windows to cut down on outside noise. He also stated he felt that lawn mowers should be required to have mufflers, and that mechanical gas leaf blowers should be banned. With regard to the noise from the children visiting the Tidepools, he felt that if the children were tutored early on to be quiet when going out into public, there would not be a problem. Dickson Shafer, 232 Evening Canyon Road, addressed the Council regarding his letter dated September 8, 1994 concerning existing air - conditioning noise. In response to Mr. Shafer's concerns, staff referenced Section 10.26.045 (B) regarding existing HVAC equipment, and noted, in part, that HVAC equipment legally installed prior to the effective date of this ordinance and after April 22, 1981 shall operate with an exterior noise limit of 55 dBA. Long Pham,. 1529 W. Balboa Boulevard, • addressed the Council regarding the noise from gas powered leaf blowers, and suggested the City look into only allowing electrical leaf blowers which are much quieter. Norman Rosen, 200 Poppy. Avenue, addressed the Council and asked for clarification as to whether or not the proposed Noise Ordinance applies to the issue of the noise created by the school children visiting the Tidepools at Little Corona beach. In response to the above, the City Attorney stated that in terms of the Noise Ordinance's application to governmental entities, the City cannot control governmental activities of other public entities within the City as long as they are functioning within their governmental capacity. However, if they go outside that realm, then the City can step in. He has included in the proposed Ordinance language to regulate the activities of other public entities when they are not engaged in a governmental function. Ken Goan, 316 -1/2 E. Ocean Front, addressed the Council and urged that the • City ban gas powered leaf blowers. With respect to the proposed Noise Abatement Programs referenced in the Noise Ordinance, Mr. Alford stated it was the intent to place these programs in the subject document in order to address very specific problems, and rather than attempt to add additional regulations or exemptions, the staff Volume 48 - Page 372 COUNCIL MEMBERS ROLL CRLL CITY OF NEWPORT BEACH October 10, 1994 felt this would be another vehicle where a specific issue can be addressed separately. Council Member Watt suggested staff look • into banning gasoline powered leaf blowers in residential areas as well as prohibiting bus parking on Ocean Boulevard in Corona del Mar. She also discussed the letter received from Clinton Rygel regarding air - conditioning noise, and air - conditioners in side yards. Mr. Mestre addressed the Council regarding mechanical leaf blowers and stated there are three types of powered leaf blowers, i.e.: 1) gasoline powered, 2) electric, and 3) battery operated. The latter two are significantly quieter than the gasoline type. Also, most electric leaf blowers can be used in reverse as a vacuum. In response to question raised by Council Member Hedges as to the regulating of vibrations as referenced in the proposed Ordinance, Mr. Mestre stated that in the case of home construction, the hours of construction limitation would be enforced within the Ordinance, and not subject to those particular vibration limits. As a practical matter, noise and vibration are related; noise is much easier to measure and there is generally a noise problem if there is a vibration problem as well. Council Member Hedges noted that there were no time limits set forth in the proposed Noise Ordinance regarding vibrations and discussed his concerns with respect to enforcement of same. Mr. Mestre stated that noise sources associated with or vibration created by construction, repair, remodeling, demolition, or grading of any real property are subject to the provisions of Chapter 10.28. In response to question raised by Council Member Hedges regarding Violations as referenced in Section 10.26.075, the City Attorney stated that the Municipal Code in Title 1 allows the Municipal Court or the citing officer to deem any violation of the Code an infraction as opposed to a misdemeanor; the difference being, a misdemeanor is punishable by a fine or imprisonment or both, whereas an infraction is punishable by a fine. With regard to how • the Noise Ordinance "will be enforced, he stated it will be on a complaint basis, following an investigation and determination that there is an actual violation of the Ordinance. At this time, the City Council indicated they would straw -vote the following changes: Volume 48 - Page 373 MINUTES WY M Sv i M A: Ni Mi CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL�A:�\\ October 10, 1994 MINUTES 11VL1G� otion x Motion was made by Council Member Hart Noise to amend Section 6.04.055 - B. - Use of Element Mechanical Blower - and add the words "adjacent private properties" after the word "any" in line 3; that Section • 6.04.055- C- ii.- Violations - be changed to read: "Any person who operates any mechanical blower between the hours of 6:00 p.m. and 8:00 a.m. shall be guilty of an infraction, and that no blowers shall exceed the noise levels set forth in Chapter 10.26." otion x Substitute motion was made by Council Member Debay that gasoline leaf blowers not be allowed in residential areas, but that they would be permitted in commercial and industrial areas. otion x Mayor Turner made a second substitute motion to adopt Section 6.04.055 as written, with the exception of the added language to Item B, and that the hours in Item C -ii be changed to 6:00 p.m. and 8:00 a.m. Mr. Mestre noted that if Mayor Turner's second substitute motion passes, it would prohibit any mechanical leaf blowers in any area other than the hours of 8:00 a.m. to 6:00 p.m. However, the motion would allow any mechanical blower in any area of the City between 8:00 a.m. and 6:00 p.m. • In view of the foregoing remarks, Mayor Turner stated he would like to leave the Noise Ordinance as written as it pertains to Mechanical Leaf Blowers. Following discussion, the City Attorney indicated that the staff can work out the language and logistics of the leaf blower issue in the Noise Ordinance once the City Council has given direction as to whether mechanical leaf blowers should or should not be permitted in the City and in which areas. Mr. Alford noted that mechanical leaf blowers are a property maintenance activity, however it is in a separate section because it was called up as a separate type of restriction by the Planning Commission, and it had to remain in the existing Section 6.04 because the hours are different than other property maintenance activities. >tion x Following further consideration, Mayor 7es x x x Turner changed his substitute motion to place no restrictions on gasoline leaf >es x x x x blowers, which motion FAILED. n x In view of the foregoing, motion was made by Council Member Debay to allow • the quieter version of leaf blowers in .residential areas, but that there be no restriction in the commercial and industrial areas. Council Member Cox pointed out that the issue of prohibiting mechanical leaf blowers in the City has been discussed by the City Council on numerous occasions, and because of the serious Volume 48 - Page 374 N n r P r Q M A M A N CITY OF NEWPORT BEACH COUNCIL MEMBERS �` ��S�� 9f October 10, 1994 ROLL CALL MINUTES T?dncv impact it carries with it, he felt this Noise issue should be looked at as a separate Element item at a future date. .otion x In view of the foregoing remarks, X x x x x Council Member Debay withdrew her motion X x at this time, and instead moved to direct staff to bring back options regarding the leaf blower issue for consideration at a future date. otion x Motion was made by Council Member Debay 11 Ayes to approve the exception for property maintenance of the golf course greens beginning no earlier than 6:00 a.m. With regard to Marian Bergeson Aquatics Center, Mayor Turner stated he felt the language in the Noise Ordinance should remain as written, with the understanding that staff, and Parks, Beaches & Recreation Commission, work with the school district regarding the City's concerns and that a letter be .otion x sent to District to this effect. He .11 Ayes also moved to limit the hours of operation at the pool, from the City's point of view, to no earlier starting time than 8:00 a.m. In response to question raised by Dennis Harwood of Big Canyon Country Club regarding maintenance of the greens at the golf courses on Sundays, Mr. Alford • stated that the blanket regulations dealing with property maintenance is between 7 a.m. and 8 p.m., Monday through Saturday, and 9:00 a.m. to 8:00 p.m. on Sundays and Holidays, with the exception of greens maintenance which can begin at 6:00 a.m. seven days a week. Jerry Anderson of the Newport Beach Country Club, addressed the Council again and stated he was not aware of the 9 a.m. restriction on Sundays and Holidays for maintenance of fairways and sandtraps, and since Sundays is one of their busiest days, this change in time would definitely create a hardship. Dana Reed, resident of Big Canyon, stated that Sundays, for many residents, is the only day they can sleep in, and as a result, he would like to see the 9:00 a.m. restriction on Sundays for maintenance of other areas besides the greens remain in the Ordinance. otion x Motion was made by Council Member 11 Ayes Sansone to amend the Ordinanca to reflect that maintenance of the greens shall begin no sooner than 6 a.m. seven days per week, and for other areas of the course, such as fairways and sandtraps, no earlier than 7 a.m. seven days per week. otion x Motion was made by Council Member Hedges yes x x x x x to delete Section 10.26.060 regarding Vibrations because of the inability to o e s x x enforce. Volume 48 - Page 375 ROLL CRLL Motion Ayes Noes Motion All Ayes 16 COUNCIL MEMBERS CITY OF NEWPORT BEACH October 10, 1994 MINUTES x Motion was made by Council Member Hedges to amend Section 10.26.075 to reflect that Violations should be an infraction and not a misdemeanor. The City Attorney stated if the above motion carries, it reduces the penalties that can be imposed upon a violator in those situations where there is a chronic violator. With an infraction, you are limited to a daily fine for each violation, whereas with a misdemeanor, the court upon conviction, could retain control over at least the violator's activity for some period of time. x x x x x x The motion was voted on and carried. x x Motion was made by Council Member Hart to approve General Plan Amendment No. 87 -1(B), and to re- introduce Ordinance No. 94 -48 as amended, and pass to second reading on October 24, 1994. 23. (Refer to Minute Page 364) PUBLIC COMMENTS 1. Long Pham, 1529 W. Balboa Boulevard, addressed the Council and submitted a prepared statement regarding the Groundwater Development Project, and in light of his comments, he strongly urged the City Council to "put a hold on this project so that no more funding would be wasted until a thorough investigation/ evaluation could be conducted." The City Manager stated he felt Mr. Pham has a basic misunderstanding of what the new project will be producing. The City will be producing water out of the ground basin system and is not proposing to purchase recycled water. He stated he would be happy to meet with Mr. Pham to discuss his concerns with this project. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed a magazine article from Business Week, November 1993, regarding "How Companies Cope When They Cannot Raise Prices." 3. Council Member Hedges demonstrated the newly installed hearing devices to assist those with hearing deficiencies at City Council meetings, and pointed out that this was just one of the many programs cities are required to implement as a result of Federal mandate in accordance with the American Disabilities Act. ORDINANCE FOR RE- INTRODUCTION 24. Proposed ORDINANCE NO. 94 -46, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020 OF CHAPTER 1.12, CHAPTER 5.48, AND CHAPTER 5.49 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING ALARM SYSTEMS. Volume 48 - Pape 376 INDEX Noise Element Ord 94 -46 Alarm Systems (70) COUNCIL MEMBERS C\fu Motion All Ayes Motion All Ayes 0 X CITY OF NEWPORT BEACH 10, 1994 Memorandum from City Attorney. The City Clerk advised that after the agenda was printed, a letter was received from George B. Coffin, III, 1108 W. Bay Avenue, stating he felt the alarm cost should be placed on those who create the problem, and not a blanket set of fees to everyone. The City Manager noted that at the September 26, 1994 meeting of the City Council, public input was received concerning proposed amendments to the Alarm Ordinance, and the Ordinance was passed to a public hearing on October 10, 1994. As a result of the information discussed, staff has determined that it is necessary to make some modifications to the revisions of Chapter 5.48. The modifications are significant enough to require the City Council to reconsider and reintroduce the Ordinance with the modifications. The modifications consist of the addition of Section 5.48.010, which outlines the intent of the Ordinance, and the amendment of Section 5.48.080, which redefines the cost recovery fee to reflect its true nature as a service charge for the direct telephonic alarm service offered by the Police Department, which is not a required service offered of the City. The budget amendments and fee resolution referenced in Chief McDonell's report will be placed on the October 24, 1994 agenda for adoption. Motion was made by Council Member Cox to reintroduce Ordinance No. 94 -46 and pass to second reading on October 24, 1994. 25. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE VACANCY. Notion was made by Council Member Cox to defer this appointment to October 24, 1994 to fill the unexpired term of Craig Weber ending December 31, 1994. Meeting adjourned at 10:20 p.m. The agenda for this meeting was posted on October 5, 1994 at 12 Noon on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: i Volume 48 - Nays MINUTES Alarm Systems