HomeMy WebLinkAbout01/09/1995 - Regular MeetingROLL
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CITY OF NEWPORT BEACH
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REGULAR COUNCIL MEETING
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PLACE: Council Chambers
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TIME: 7:00 P.M
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DATE: January 9,1995
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CLOSED SESSION - 5:00 p.m. [Refer to separate agenda
from City Attorney]
CLOSED SESSION REPORT PRESENTED: None
RECESSED AT 6:05 P.M.
RECONVENED AT 7:00 P.M. for reeular meeting
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x
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ROLL CALL
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X
Reading of Minutes of Emergency Meeting of December 1;
Adjourned Meetings of December 5, 6 and 7; and Regular
Meeting of December 12, 1994, was waived, approved as
written, and ordered filed.
X
Reading in full of all ordinances and resolutions under
consideration was waived, and City Clerk was directed to read
by titles only.
Mayor Pro Tem Debay presented Proclamations to Coaches and
Captains of the Newport Harbor Football and Girls Volleyball
Teams in recognition of both teams winning the CIF
Championships for 1994 -95.
MATTERS WHICH A COUNCIL MEMBER WOULD
LIKE STAFF TO REPORT ON AT A SUBSEQUENT
MEETING: None
MATTERS WHICH A COUNCIL MEMBER MAY WISH
TO PLACE ON A FUTURE AGENDA FOR ACTION AND
STAFF REPORT: None
CONSENT CALENDAR
X
The following items were approved, except those items
removed from the Consent Calendar.
ORDINANCES FOR INTRODUCTION
1. Removed from the Consent Calendar.
2. Removed from the Consent Calendar.
RESOLUTIONS FOR ADOPTION
3. Removed from the Consent Calendar.
4. Resolution No. 95 -2, establishing a NO PARKING
TOW -AWAY ZONE on the east side of Monrovia
Avenue between 525 feet and 633 feet north of 15th
Street. [Memorandum from Public Works
Department/Traffic Engineering]
5. Removed from the Consent Calendar.
Volume 49 - Page 3
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Parking /Tow-
Away Zone
Res 95 -2
(85)
CITY OF NEWPORT BEACH
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CONTRACTS AND AGREEMENTS
6. Removed from the Consent Calendar.
7. Removed from the Consent Calendar.
8. Removed from the Consent Calendar.
9. Authorize execution of Agreement to transfer the L
Laid 1 aw /
existing contract with Sealson, Inc., to laidlaw A
Ambulance Sri
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January 9,1995
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PJ's Surfer/Patrick Redmond alleging plate glass
window broken during Police arrest at 2122 W.
Oceanfront on November 17, 1994; seeking $394.84
for emergency board -up service and glass replacement.
Veldhuis- McMabon alleging City's storm drain
and/or sewer line caused substantial water damage to
his premises at 3653 Pacific Coast Highway on
September 26, 1994.
11. PUBLIC HEARING SCHEDULING - January 23, D
Diamond Cab
1
1995. Certificate of Public Convenience and Necessity (
(2 7 )
to operate taxi cabs for applicant DIAMOND CAB
COMPANY, 6782 STANTON AVENUE, BUENA
PARK, CA 90621. [Memorandum from Revenue
Manager]
12. PLANNING COMMISSION AGENDA FOR P
Planning (6 8
JANUARY 5,1995.
13. CONSTRUCTION OF WATER PIPELINE W
W t r Pipeline
CITY OF NEWPORT BEACH
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17. Refer to Minute ]Page 16 for disposition.
18. APPROVE ENCROACHMENT AGREEMENT
Permit /123
FOR CONSTRUCTION AND MAINTENANCE
Grand Canal/
OF PRIVATE IMPROVEMENTS WITHIN THE
Overend
GRAND CANAL PUBLIC RIGHTS -OF -WAY
(6 5 )
ADJACENT TO 123 GRAND CANAL, BALBOA
ISLAND (EP -94 -418) - Application of Mr. and Mrs.
Ralph Overend, subject to execution of an
Encroachment Agreement for non- standard
improvements; and An Encroachment Permit issued
by the Public Works Department; and direct City
Clerk to have the agreement recorded with the Orange
County Recorder. [Report from Public Works
Department]
19. Removed from the Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR
1. Proposed ORDINANCE being,
Fishing R e g s j
Ocean Piers
AN ORDINANCE OF THE CITY COUNCIL OF
(6 2 )
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 11.20 FISHING REGULATIONS OF
THE MUNICIPAL CODE TO REGULATE
•
ACTIVITY ON OCEAN PIERS. [Report from
Assistant City Manager]
Tom Hyans, President, Central Newport Beach
Community Association, addressed the Council in support
of the proposed Ordinance; however, he expressed a
concern with regard to Section 11.20.030 regarding
overhead casting, indicating he felt a person cannot fish
from a pier without engaging in overhead casting.
In response to the above, the City Attorney stated that the
prohibition of overhead casting has been in the Municipal
Code since 1949 and adopted in the 1930's. He stated that
it is possible to cast from a jetty or a wharf on the water
using a sideways motion as opposed to an overhead
motion, and therefore, he felt that this provision should
remain in the Ordinance .
Rush Hill, Vice Chairman of Newport Pier Association,
and Chairman of the Economic Development Commit tee,
addressed the Council and stated that both groups are in
strong support of the proposed Ordinance and felt it will
give the City Manager the flexibility he needs to help
alleviate the problems that exists at Newport Pier .
i0o
Hearing no further comments, motion was made by
Ord 95-1
n
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Council Member Cox to introduce Ordinance No. 954
and pass to second reading on January 23,1995.
Volume 49 - Page 6
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January 9,1995 INDEX
In response to question raised by Council Member Glover,
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the City Manager indicated that the subject Ordinance
grants him the authority to close the piers as needed;
however, it is staffs intention to monitor when that might
occur. In either case, the City Council would be advised
prior to any closure.
All Ayes
The motion was voted on and carried.
2. Proposed ORDINANCE, being,
Zoning/
Recyclables
AN ORDINANCE OF THE CITY COUNCIL OF
(9 4 )
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
PCA 808
COMMISSION AMENDMENT NO. 808). [Report
from Planning Department]
The Planning Director stated that when the subject
Ordinance was assembled, pages 11, 12 and 13 were
inadvertently mtat(, and he wanted the Council to be
®
aware of this at this time so that it could be acted upon
without any problem
Motion
x
Hearing no further remarks, motion was made by
Ord 9 5 - 2
All Ayes
Council Member Edwards to introduce Ordinance No.
95-2 and to schedule for public hearing on January 23,
1995.
3. Report from Finance Director concerning adoption of
Finance/
proposed resolution giving approval for the destruction
Records D s t r
of certain FINANCE DEPARTMENT RECORDS;
(4 0 )
AND ONGOING GUIDELINES REGARDING
RETENTION OF FINANCE DEPARTMENT
RECORDS.
Sid Soffer, 900 Arbor Street Costa Mesa, addressed the
Council and indicated that in view of the Orange County
Bankruptcy issue, he felt it was more important to
determine who should have the authority to spend over a
certain amount of money rather than considering the
disposition of old records.
Motion
x
Following comments by the City Manager relative to the
All Ayes
purpose and intent of the proposed resolution, motion was
made by Council Member O'Neil to adopt Resolution
Res 95-1
No. 95-1 as presented.
5. Memorandum from Traffic Affairs Committee
T r f c /Skate —
regarding proposed resolution prohibiting
boarding
SKATEBOARDING ON CERTAIN STREETS
Prohibition
AND SIDEWALKS and rescinding Resolution No.
(8 5 )
94 -25.
Volume 49 - Page 7
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January 9,1995 INDEX
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Sid Soffer, 900 Arbor Street, Costa Mesa, addressed
the Council and indicated he felt the City was over-
regulating itself which would eventually impact sales
tax revenue.
The City Manager noted that the subject proposal is a
result of a request from the Balboa Island
Improvement Association for prohibition of
skateboarding on the 100 block of Agate Avenue near
the Ferry, and along the north, cast and south Bayfront
sidewalks on Balboa Island. The Traffic Affairs
Committee agrees with the request and feels the
recommended action will help control the problem and
increase safety in these areas.
Motion
x
Council Member 'Watt stated this matter has been in
Res 95-3
All Ayes
discussion for approximately six months due to young
people skateboarding around the Ferry who were
interfering with the health, safety and welfare of the
general public as well as businesses in the area; and
therefore, moved to adopt Resolution No. 953.
6. Report from Utilities Department recommending
W t r Pipeline
execution of an Amendment to the Professional
Reach No. 1
Services Agreement on behalf of the City, with AKM
Groundwtr Pr
Consulting Engineers to prepare additional detailed
C— 3 0 0 4 E
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Plans and Specifications for realigning part of the
(3 8 )
REACH NO. 1: 36 -INCH DIAMETER WATER
PIPELINE INTO WHITTIER AVENUE AND
19TH STREET, (CONTRACT NO. C- 3004 -E); for
a fee not to exceed $49,148; and adopt the finding
contained in the staff report pertaining to Addendum
No. 3 to the Final EIR for the GROUNDWATER
DEVELOPMENT PROJECT; and
7. Report from Utilities Department recommending
Groundwtr Pr
execution of a Professional Services Agreement on
Reach No. 3
behalf of the City with ASL Consulting Engineers, for
C — 3 0 0 4 G
a fee not to exceed $87,900 to prepare detailed Plans
(3 8 )
and Specifications for construction of a 9,400 foot long
reach of 36 -inch diameter water transmission pipeline
for REACH NO. 3, CONTRACT NO. 3004 -G,
GROUNDWATER DEVELOPMENT PROJECT;
and
8. Report from Utilities Department recommending the
16th St Res v
execution of a Professional Services Agreement on
Pump S t a t i o r
behalf of the City with Daniel Boyle Engineering, Inc.,
Groundwtr P1
for 16TH STREET RESERVOHt & PUMP
C — 2 9 61 C _
STATION, CONTRACT NO. 2961 -C,
(3 8 )
GROUNDWATER DEVELOPMENT PROJECT,
to provide construction management services related to
the Reservoir & Pump Station for a fee not to exceed
$253,090.
Volume 49 - Page 8
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January 9,1995 I NIC
Long Pharr, 1529 W boa Boulevard, addressed the
G r o un d w t
Council and requested permission to slow a short video
that reveals "very clear evidence as to how the staff has
been misleading the City Council relative to the
Groundwater Project."
in response to the above, Council Member Cox stated that
Mr. Pharr has come to a number of City Council
meetings in the last six months continually raising
accusations against the staff who have gone out of their
may time and time again to reply to those accusations. He
noted that this Groundwater Project has been the desire of
the City for many years, and that the items on toniglu's
agenda have nothing to do with the misrepresentation Mr.
Pham is characterizing at this time.
Following consideration of Mr. Pham°s request, the City
Council reviewed the video which was an excerpt of a
previous Council meeting in which the Groundwater
Project was discussed, and the concerns of Evelyn Hart
were expressed regarding the Tax Revenue Participation
Note. Mr. Pharr also distributed and discussed a handout
containing an assortment of information regarding
municipal and imlushial adopted and projected water
rates, average cast to produce Groundwater, cost of
Groundwater production for uses other than irrigation,
OCWD water supply and demand, and Orange County
Regional Water Reclamation Project. He urged the
Council to stop the Groundwater Project until its
determined if the City has the fiords to proceed and if the
project is valid.
In response to the above remarks, the City Manager
referenced his Supplemental Report on this item, and
stated that staff still believes this is a cost-effective project,
and recommended the Council move ahead with the items
on the agenda at this time in order to stay on schedule of
constructing the project which will ultimately bring a
higher quality of water to the City at a lower cost. He
stated he will meet with Mr. Pham again if that is his
desire to fiuther review his concerns regarding this
project
Council Members Edwards and Glover spoke in support
of this project and indicated the City should move forward
as recommended.
Charlie Gabbard, 436 Heliotrope Avenue, addressed the
Council and asked for clarification regarding Agenda
Items 6 and 8.
In response to the above, the Utilities Director outlined the
purpose and scope of work for both contracts as
enumerated in his reports, and stated, if desired, he would
gladly share this information more in detail with Mr.
Gabbard.
Sid Soffer, 900 Arbor Street, addressed the Council and
suggested consideration be given to initiating public
Volume 49 - Page 9
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January 9,1995
INDEX
forums for matters such as the one under consideration.
He stated that this is a significant and important issue,
and that many residents have deep concerns which cannot
be aired in just five minutes during a City Council
meeting.
Motion
x
Following consideration, motion was made by Council
Member O'Neil to approve the recommended action
for Agenda Items No. 6, 7 and &
Council Member ANatt stated she was supportive of the
motion, but in response to Mr. Soffees comments, she did
want to point out that in her opinion, a public forum was
conducted indirectly on this matter due to the number of
times this subject has been before the City Council and the
number of questions and concerns that have been
answered
All Ayes
There being no further remarks, the motion was voted on
and carried.
19. COUNCIL POLICY F -1 - STATEMENT OF
Council P o l i c
INVESTMENT POLICY.
F-1 (6 9 )
•
Dennis Danner, Finance Director, addressed the Council
and reviewed the proposed revisions as recommended by
the City's Finance Committee. These changes came about
in two meetings, December 16, 1994 and January 3, 1995,
and is the third revision of the policy since it was
rewritten on October 22, 1990. He stated that as a result of
a meeting with Council Member Glover and a member of
the public this afternoon, three additional changes are
being recommended as follows:
1) Certificates of Deposits - The institution must have a
net worth to asset ratio of at least 6% (rather than 4 %).
2) Negotiable Certificates of Deposit - add the following
language after U.S.Banks "whose underlying securities
are rated A -1 or P -1 by one of the two top rating
agencies......"
3) Repurchase Agreements (Repos) - add the following
language after United States "with a net worth to asset
ratio of 6% ...... In addition, the word "dealers" in
the same paragraph is changed to the word "firms."
The City Manager referenced the section 'Liquidity'
which states, in part, that ".. A shall be the policy of the
City to return all interest earnings to reserves," and noted
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that this sentence was added by Mayor Hedges and
unanimously approved by the Finance Committee.
However, in talking with Mayor Hedges earlier today, he
indicated a willingness to take a further look at this issue
due to the fad that there is a budget policy which also
makes reference to the City's reserves. He stated Mayor
Hedges told him that he originally added the subject
language to this policy in order to begin to rebuild the
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January 9,1995
reserves given the Pict of the Orange County BankmF
issue, but would accept referring it back to the Final
Committee to determine whether this provision sho
remain in F -1 or be added to Council Policy F -2,
Council Member Edwards stated be had no objection
referring the above portion of Policy F -1 back to
Finance Committee for further review.
Council Member Glover, also member of the Fina
Committee, stated she felt it was imperative for the Citl
build up its reserves, and would not be in favor of t
matter being referred back to the Finance Committee.
Mayor Pro Tern Debay stated that in the past, the City
been able to use interest earnings for capital projects
well as supplement the City's budget; however, becaust
the Orange County Bankruptcy issue, and the uncertai
of the impact the State's budget will have on the City,
suggested the words "unless otherwise directed
Council" be added after the word "reserves" at the ent
the referenced sentence.
Council Member Cox stated he does not disagree with
desire; to build up City reserves, however, he does
think it is necessary to approach it in a rigid pd,
statement because then it is being looked at out of oml
with the budget itself. He stated that many agencies h
looked at interest earnings as a way of providint
revenue stream of keeping user fees down, etc. He
this is the type of an issue that should be looked
annually to detemtine how much should be pm i
reserves or elsewhere based on financial conditions t
are taking place in the market at that time.
Council Member OWeil, Chairman of the Fina
Committee, stated that he had considerable involvem
in the proposed revisions to Council Policy F -1, and
talked at length with the Mayor as to why he is suggest
that the subject of "interest earned be returned
reserves." He stated that as a statement of general pol
the Committee felt it was a healthy signal to be send
out to the staff and community, recognizing however, l
it maybe unrealistic in the short term. He does feel i
appropriate to have the Finance Committee take a sea
look at this issue in view of the Mayor's conversation v
the City Manager, and inasmuch as the language may
a little too rigid as referenced by Council Member Cox
Dolores Offing, 17 Hillsborough, addressed the Cow
inquiring as to exactly how much the City has in
reserves. She also felt the Council should be more fist
prudent in its spending, and indicated her support t
interest earned should be returned to reserves and used
capital improvement projects. She also asked how in
money the City earned in interest from the van
investment pools.
Volume 49 - Page ll
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January 9, IM
995
Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the
Council and discussed portions of Council Policy F -1, lie
also stated that he felt "no one person should have the
authority to put money where he or she thinks is the best"
In response to Mr. Soffer, Council Member ONeil
indicated it is the Finance Committee's opinion that the
staff should have the discretion to invest, reinvest, move
money around, etc., in order to take the best advantage of
the market place. He noted that all of the CiWs
investments am controlled within very specific guidelines
and are relatively short-teen investments. Also, at the last
Committee meeting, they reviewed reports from three
investment counsels, and he is quite comfortable that the
City is investing very conservatively and that the funds are
not in any Jeopardy whatsoever.
x
Following consideration, motion was made by Council
Member O'Neil to adopt Council Policy F-1 as revised,
including the three changes as recommended by the
Finance Director in the foregoing, but that the
sentence regarding "interest earned be returned to
reserves" be deleted from said Policy and referred
back to the Finance Committee for further review and
report back to the Council.
Council Member Glover stated she will be voting against
the motion because she feels that interest earned should
be returned to reserves.
x
x
x
x
x
The motion was voted on and carried.
x
PUBLIC HEARINGS
20. Mayor Pro Tem Debay opened the public hearing
regarding:
A. TENTATIVE MAP OF TRACT NO. 15011
Request to subdivide 89.2 acres of land into 173
numbered lots for single family detached residential
development; 5 lettered lots for public open space
purposes; 3 lettered lots for private open space
purposes; and 17 lettered lots for private street
purposes; and the acceptance of an Environmental
Document;
AND
B. SITE PlI AN REVIEW NO. 70 - Request to
approve a Site Plan Review for the development of 173
single family detached dwelling units and
approximately 3.4 acres of private open space on
property LOCATED AT 1501 JAMBOREE ROAD
in the Newporter North Planned Community (a
portion of Block 55, Irvine's Subdivision, on the
northwesterly side of Jamboree Road, between the
Newporter Resort and San Joaquin Hills Road).
Volume 49 - Page 12
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en Map/
ract 15011
ite Pln
eview 70
CITY OF NEWPORT BEACH
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Report from Planning Department
Ten Map/
Tract 15011
The Planning Director noted that this item includes
Tentative Map and Site Plan Review Applications that
have been unanimously approved by the Planning
Commission. At the Planning Commission hearing of
December 9, 1994, no one appeared in opposition to the
proper plan The staff has transmitted to the Council
copies of the staff reports represented to the Commission
as well as the minutes of the Commission hearing.
Council Member 'Watt stated she called this item up
because she felt it was a major project with significance
issues dealing with the future of public open space, and
therefore, it should receive public input.
Tom Redwitz, Vioe-President of Development and
Entitlement, The Irvine Company, addressed the Council
and noted as follows: this project is part of the
Circulation Improvement and Open Space Agreement
approved by the City Council in 1992 and the California
Coastal Commission; the comprehensive agreement calls
for a total of 158 aces of open space to be dedicated to the
City as well as over $20 million in mad funding for
circulation improvements; with the implementation of the
Newporter North project, the City will begin to derive the
•
benefits of flat agreement; similar to their other properties
in the agreement, the Newporter North site was a subject
of over five years of wensive dialogue, community input,
and consensus building to arrive at the final plan; the
result of that consensus building effort is a plan tbat
provides for more open space, land for a significant bluff
top public view park preservation of wetlands, enhanced
and heavily landscaped setbacks along Jamboree Road,
and views from portions of Jamboree Road to the lower
bay area In summary, a tremendous effort went in over a
long period of time to create a plan that addresses a wide
spectrum of interests He also thanked the Planning and
Public Works staff for their help in bringing this project to
the City Council at this time.
Allan Beek, 2007 Highland Avenue, addressed the
Council and stated that one of the most refreshing things
about living in Newport Beach is the views of the Ocean
and Bay, and he would hope that the views from
Jamboree Road could be preserved, as he felt it enhances
the quality of life for the residents as well as increases
property values He urged the Council to demand that the
project be redesigned to preserve those views from the
first turn leaving Santa Barbara Avenue southerly onto
•
Jamboree Road
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Sanuary 9,1995 I
Gordon Glass, 2024 Avenida Chico, addressed the
Ten map,
Council and stated that in 1992 he appeared before both
Tract 15
the Planning Commission and City Council when the EIR
for this prged was being considered He distributed
copies of the letter lie wrote at that time which referenced,
in part, his concerns with the loss of public view from
motorists souihboumd on Jamboree Road. He stated that
Jamboree Road is one of the major entrances into the City,
heavily traveled by visitors, commuters, and residents.
The view in question is, especially during the seven or
eight colder months of clear air and crisp views, both
ne&eshing and inspiring. It is the only comprehensive
overview of the harbor, peninsula, and ooean from a
major thoroughfare within the City. In order to preserve
and enhance that vnew, he proposed at that time that three
conditions be placed in the Planned Community District
Regulations for the Newporw North site as enumerated
in his letter He stated that once the development is built,
the existing view will be lost forever. He invited the
Council to drive or walk Jamboree Road with him to see
what an inspiring view will no longer be if this proposal is
approved
Mr. Redwitz responded to Mr. Glass by stating that
during the approval of the Cmda&on Improvement and
Open Space Agreement, the above concern was addressed
in their Site Plan process as well as in the EIR. He
referenced the Site Plan on display and showed where the
development has been "pulled back" along Jamboree Road
to allow for views to the lower bay area.
In reply to W. Redwitz, Mr. Glass addressed the Council
again and stated that the view at that point is the back of
Newporter Knoll, unless a motorist tuns his head ninety
degrees to the right to catch a glimpse of the Upper Bay
through narrow John Wayne Gulch, and that contradicts
the previous text about speed of motorists. He felt the
main reason for the pull-back is topography and the
proposed building pads are so far above the downhill
Jamboree Road at that point it will require extensive and
unbuildable slopes. He stated he is dismayed the Planning
staff did not question that `Ylimsy premise."
Council Member Watt noted that back in 1986, a measure
was defeated which would have allowed the expansion of
Newport Center and peripheral sites, including this one,
which would have doubled in the number of houses had it
been approved She stated she feels that over the years,
the City has come a long way in retaining some of the
values on the site.
Volume 49 - Page 14
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Discussion continued, and in response to questions raised
Ten Map)
by Council Member Watt, Ivlr. Redwitz referred to the
Tract 1
Site Plan and suited that the berating that would occur
along Jamboree Raid is in an area directly in front of the
development and will create a more diverse street frontage
along Jamboree Road as well as help shield the noise from
Jamboree Road to the homes. It is also entirely consistent
with the diagram contained in the Planned Community
Text as pan of the approval of the Circulation
Improvement and Open Space Agreement The
maximum height of the two story homes will be 29 feet
and is also consistent with the zoning text and agreement.
Regarding slope stabilization, Norm Witt of Coastal
Community Builders and representing the applicant,
stated that along the area of wetlands along San Joaquin
Hills Road, they have engagod a geotechnical engineer
who has looked at the site and has determined that they
can adequately mitigate any soil stability issue along that
� of property.
In response to the concerns of the resource agencies (fish
and wild life) regarding the habitat in the area, the Public
Works Director stated that this was one of the issues
raised at the Planning Commission hearing inasmuch as
the final plans that would show what the trail width would
be, location, surface type, etc., have not been prepared;
however, it was felt that the building and grading permits
for the remainder of the site should not be held up until
those decision are made. He stated that he will be
working with stall the resources agencies, and The Irvine
Company in the design of that access.
Mr. Witt addressed the Council again and explained the
Z-lot parking design for the development and suited there
are four parking spaces for each single family dwelling in
the project, plus an extra 10 spaces within the
development There is also some 76 spaces that are
between 19 and 20 feet that do not technically qualify as
parking spaces. With regard to views, he stated that the
project as currently planted, does not provide for a
viewscape from &ants Barbara to 1200 feet south The
amount of grading that would be required in order to get
homes low enough so that someone could see a view over
the existing homes, would require an export of many
thousands of yards of dirt. This site is currently balanced
and they have graded the lower tier so that they can
accommodate the viewscapes defined in the agreement
Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the
Council and stated that if a person wants a view, then that
individual should in turn buy it He indicated that a
property owner has the right to develop his land within
City regulations.
Hearing no others wishing to address the Council, the
public hearing was closed
Volume 49 - Page 15
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In speaking to this project, Mayor Pro Tem Debay stated
that in response to the Council listening to all tbe voices
in the community, the City went through a costly and
elaborate exercise in determining the will of the majority
of the people in this City, and it was recognized. We now
recognize private property rights. We cannot expect or
allow the public to design projects belonging to the owner
of a property. She believes The Irvine Company has been
very sensitive to all voices and has found a suitable design
in the considerate compromise. She submits that the
speed of traffic on Jamboree Road does not accommodate
a prolonged viewing opportunity, but she felt that The
Irvine Company has met the conditions that were imposed
on it in the approval.
x
Hearing no further remarks, motion was made by
Council Member Glover to sustain the action of the
Planning Commission.
x
17. Following a brief recess, Council Member ONed advised
P e rin i t
that Robert K Nicholson, the applicant regarding Agenda
Nichols
Item No. 17, APPEAL FOR CONSTRUCTION AND
(6 5 )
MAINTENANCE OF PRIVATE
IMPROVEMENTS on Balboa Island, had just
approached him and told him that he had arrived too late
to address the Council regarding his appeal on the
Consent Calendar, and therefore, motion was made by
Council Member O'Neil to reconsider this item on
January 23,1995.
PUBLIC BEARINGS
21. Mayor Pro Tem Debay opened the public hearing
G P A 9 4 — 2
regarding GENERAL PLAN AMENDMENT 94-
(4 5 )
2(A) - Request of the Community Services Department
to amend the Land Use Element and the Recreation
and Open Space Element of the General Plan to
designate the public street segment of Bolsa Avenue
between Old Newport Boulevard and Broad Street for
park purposes. The amendment of the Land Use
Element of the General Plan will include an area
description for the park in the text. The amendment to
the Recreation and Open Space Element of the
General Plan will add the park site to Service Area 3
as a mini park in the Recreation and Open Space Plan
and on the Service Area 3 Map; and the acceptance of
an Environmental Document
Report from Planning Department.
Letter from R. U. Hall and R. E. hall Family Limited
Partnership, expressing concern over the lack of
parking in the area and traffic flow to the Riverside
Post Office.
Volume 49 - Page 16
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The Planning Director stated that the subject proposal is a
G P A 9 4 — 2 (A)
•
request to amend the Land Use and Recreation and Open
Space Element of the General Plan to designate a portion
of Balsa Avenue between Old Newport Boulevard and
Broad Street for a Mini Park This proposal has received
a great deal of commuraty support and was unanimously
approved by the Planing Commission on December 8,
1994.
The Planning Director referenced the letter received
subsequent to the Planning Commission approval from
R.E. Hall Family Limited Partnership and noted that staff
has responded to those comments in a Supplemental
Report distributed to the City Council last Friday.
Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the
Council and stated he owns property on Old Newport
Boulevard, and that he is personally against the proposed
park, but because the neighbors are in support of it, he has
no objections. He also felt there is adequate parking on
Old Newport Boulevard.
Stacy Wise, 3233 Broad Street, addressed the Council in
support of proposed Bolsa Park, and asked staff for an
•
update on the plans.
The Public Works Director commented that the plans are
approximately 95% complete, and pending the outcome
of this hearing and the removal of the moratorium on the
expenditure of General Fund monies, they should be able
to advertise for bids in approximately 30 days.
Hearing no others wishing to address the Council, the
public hearing was closed.
Motion
All Ayes
x
Motion was made by Council Member Glover to adopt
Res 95-4
Resolution No. 95-4, amending the Land Use
Element and the Recreation and Open Space
Element of the General Plan so as to designate the
public street segment of Bolsa Avenue between Old
Newport Boulevard and Broad Street for park
purposes. This amendment also includes the
acceptance of an Environmental Document.
22. Mayor Pro Tent Debay opened the public hearing
B e l c o u r t Dr/
regarding STREET NAME CHANGES - Request to
Landsdowne Dr
consider street name changes of "BELCOURT
St Name Chang,
DRIVE;" AND A CHANGE OF "LANDSDOWNE
(B 3 )
DRIVE" TO "CHATHAM COURT" in the Belcourt
Area of the Aeronutronic -Ford Planned Community
•
District
Report from Planning Department
Volume 49 - Page 17
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The Planning Director noted that this item was
unanimously approved by the Planning Commission on
December 8, 1994, and will not involve any cost to the
City inasmuch as the streets are all private.
Vaughn Hapeman, 9 Belcourt Drive South, Board
Member of Belcourt Homeowners Association, addressed
the Council in support of their request which he stated is
essentially a "clean -up" item, and non - controversial.
Hearing no others wishing to address the Council, the
public hearing was closed
x M
Motion was made by Council Member O'Neil to R
Res 95—.
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Police Chief Bob McDonell noted that the proposed Party
House Ordinance has been studied for several months;
that a series of meetings have been held with properly
management firms that typically handle most of the rental
property in West Newport, as well as meetings for the
general public, and that the community feedback has been
very positive. To date, everyone is quite satisfied with the
manner in which the ordinance will be enforced and no
one has expressed opposition to the proposed revisions.
The following persons addressed the Council in support of
the proposed ordinance:
Dave Bent, 4904 Seashore Drive, President, West
Newport Beach Association
Jeff Bracy, 215 Orange Street
Peter Tarr, 5023 Lido Sands Drive
It was indicated by the above speakers that they are
hopeful the proposed regulations will provide some relief
to the existing problems of inconsiderate behavior, and
improve the quality of life in the area
Mayor Pro Tem Debay expressed her appreciation to the
residents of the West Newport Beach area for their
interest in building community pride, and stated she felt
this particular area will soon be a credit to the rest of the
City.
x H
Hearing no further remarks, Mayor Pro Tern Debay made
a motion to (a)Adopt Ordinance No. 94-56;
and(b)Adopt Resolution No. 95-6, establishing Civil R
Res 95-6
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I NE
(District 3) Council Member Glover's
appointments deferred to 1- 23 -95.
(District 4) Council Member Edwards'
appointments of Eugene Kaliher and
Robert Sattler.
(District 5) Council Member Watt's
reappointments of Donald Harvey and
Marianne Whitby.
(District 6) Council Member O'Neil's
appointment of Elizabeth Hart and
reappointment of Michael Kranzley.
(District 7) Council Member Coa's
reappointments of Paul Watkins and Jerry
Boyle.
Environmental Ouality Affairs Citizens
Advisory Committee
(District 1) Mayor Hedges' appointments
deferred to 1- 23 -95.
(District 2) Mayor Pro Tem Debay's
reappointments of Gregg Schwenk and
Raymond 7artler.
(District 3) Council Member Glover's
appointments deferred to 1- 23-95.
(District 4) Council Member Edwards'
appointments of Paul Field and Patricia
Sheban.
(District 5) Council Member Watt's
appointments of Kenneth Colbaugh and
Donald Lawrenz, Jr.
(District 6) Council Member O'Neil's
reappointments of Barbara Shelton and
Nancy Gardner.
(District 7) Council Member Coz's
reappointments of Margie Pantzar and
Gordon Kilmer.
Harbor Ouality Citizens Advisory
Committee
(District 1) Mayor Hedges' appointment
deferred to 1- 23-95.
(District 2) Mayor Pro Tem Debay's
reappointment of Susan Leifer.
(District 3) Council Member Glover's
appointment of Arthur Lewis
Volume 49 - Page 20
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INDEX
(District 4) Council Member Edwards'
•
appointment of John Drayton.
(District 5) Council Member Watt's
reappointment of Tom Houston.
(District 6) Council Member O'Nefl's
reappointment of Miriam Mayell.
(District 'n Council Member Cox's
reappointment of Nancy Skinner.
Note: Douglas Wall (Non - voting Alternate)
added to the Harbor Quality Membership
list.
CURRENT BUSINESS
26. Report from Public Works Department concerning
Park Site
PARK SITE STUDY.
Study /Upper S
Lower Casta-
The City Clerk advised that after the printing of the
ways
agenda, a letter was received from 1W & Mrs. Jeffrey
(6 2 )
Odell, 1245 Blue Gum Lane, and Robert Sargent, 1112
Grove Lane, homeowners in the Westcliff area, opposed
•
to the proposal for changing the location of the park for
the reasons as enumerated in their letter.
The City Manager noted that at the December 12, 1994
City Council meeting, the staff was directed to study the
possibility of accepting Lower Castaways for park
purposes in exchange for allowing The hvine Company to
develop up to 29 houses on the 4.8 acre park site at the
comer of Dover Drive and 16th Street The study was to
consider active park uses on Upper Castaways as well as
on the Lower Castaways.
It was pointed out that following a presentation by the
Public Works Director, public testimony would be
received, but that no action would be taken at this time
other than to schedule this item for a future public
hearing.
The Public Works Director first reviewed The Irvine
Company's proposal as it was submitted with the
Castaways Development which included the approved
tract layout with the 4.8 acre park at Dover Drive and 16th
Street, which includes two little league baseball fields,
soccer field overlay, tot lot, restmom facilities,
approximately 40 and 50 parking spaces and a trail
•
between the houses and the bluff top. He also referenced
the proposed passive open space park in the Upper
Castaways area
Volume - Page 21
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January 9,1995
INE
The Public Works Director also noted that if Lower
Park S i 1
Casaways were to be used for park purposes, the site is
Study
approximately 4.1 acres, with 3.5 acres of flat usable area,
and some possible uses could include testroom facilities,
basketball court, practice field for both soccer and
sollball/Little League, and a I acre dog park
It was pointed out that the staff informally presented the
Upper/Lower Castaways Park plan to the Parks, Beaches
& Recreation Commission on January 3. The
Commission supported the conceptual plan, but would
like four conditions considered as enumerated in his staff
report if the plan is implemented.
Tom Redwitz, Vice- President of Development, The Irvine
Company, addressed the Council and referencing the staff
report stated that they do have a concern over the impact
to the development area as imposed in the staffs plan, and
if the City Council does proceed with the revised plan,
they would suggest there be wide -spread community input
prior to proceeding with the plan.
Stan Cole, 2127 Windward Lane, President, Newport
Harbor Baseball Association, addressed the Council and
expressed his concerns regarding the proposed baseball
fields in the new plan, and requested his group be allowed
to add their input at the appropriate time
In Vandervort, ll47 Pembroke Lane, Mce-Chairman of
the Parks, Beaches and Recreation Commission,
addressed the Council in support of the original
development plan which she felt was a "fair, middle
compromise." She stated the plan included the 16th Street
active play park which, in her opinion, is a well thought
out facility to meet some of the City's active play field
needs. She also stated that the community needs some
accessible open space, and the view is incredible from the
point. She spoke against the proposed "tradeoff", and
urged that a public hearing be held on the plan as
compromised initially.
Allan Beek, 2007 Highland Avenue, addressed the
Council and spoke against the revised conceptual plan
which he stated would mean giving up the open space on
the point and move the active park from 16th Street to the
point so that The Irvine Company could build more
homes. He urged the Council to "dump" the revised plan.
Cary Guesman,15185 Sylvia Lane, addressed the Council
and stated he endorses staffs attempt to move the 16th
Stmt active play park away from Dover Drive, and felt
the revised conceptual plan is much improved overall
because of the additional recreational areas it will provide.
Volume 49 - Page 22
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Virginia Herbeerts, 2.290 Channel Road, former Member P
Park Sit
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CITY OF NEWPORT BEACH
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I
that they have selected five nominees, and two from this
list will be appointed on January 23. Rather than put one
nominee against another, each Council Member will have
two votes and the two nominees receiving the most votes
will be appointed
X
In view of the foregoing, motion was made by Mayor
Pro Tern Debay to confirm the following nominations:
Mitchell Brown
Michael Kranzley
Edward Selich
Stephen Sutherland
Tom Thomson
28. Report from Assistant City Manager concerning
League o
LEAGUE OF CALIFORNIA CITIES Legislative
Cities
Delegate to make regular contact with a state
(61)
legislator.
x
Motion was made by Mayor Pro Tern Debay to
confirm appointment of Thomas C. Edwards.
29. Report from Public Works Department regarding
P C H /New p
PACIFIC COAST HIGHWAY NEWPORT
I n t e r c h a
BOULEVARD INTERCHANGE
Imprvm P
IMPROVEMENT PROJECT.
C -2886
(38)
The Public Works Director stated that pursuant to Council
direction, the staff has for the last two to three years been
looking at some design concept alternatives for the
reconstruction of the Arches interchange to bring it up to
the standard provided for on the City's Master Plan of
Arterial Highways. The study is now complete and
includes three alternatives as set forth in the staff report,
however, he recommended that the Council only proceed
with one alternative at this time which is designated as the
"Interchange Bridge Structure Design Concept." He
explained the main elements of the concept noting that it:
1) provides for the widening of the bridge over Coast
Highway on Newport Boulevard; 2) allows for lanes that
are of current design standard; 3) provides for an
additional lane to be added on each side of the bridge; 4)
provides for the completion of the bridge over the
channel; 5) provides for adequate sidewalk and bike
facilities. He discussed the various sources of funding for
the project. which he stated is estimated at $9 million
dollars. He recommended that the Council approve an
engineering s6M s agreement with IWA Engineers for
the preparation of the Project Study Report for the
Interchange Bridge Structure design concept at a cost not
to exceed $44, 000, noting these funds are in the current
budget. He stated it is hopem the contract for this project
will be awarded prior to July 1, 1997, with an estimated
completion period of 18 months.
Volume 49 - Page 24
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INDEX
Discussion ensued wherein the Public Works Director
P C H /Newport B
•
responded to various questions raised by the Council
Interchange
regarding this project and its funding. He also noted that
Imp ry P r j
if the Council had a specific concern they wanted
investigated more in detail inw1ving this project, the staff
would try to accommodate that during the appropriate
phases of the study by IWA Engineers.
Peter Tarr, 5023 Lido Sands Drive, addressed the Council
in support of the proposed project, indicating he felt it was
long overdue. He referenced the 'bare - i ' areas
surrounding Hoag Hospital that are in need of
landscaping, and requested these areas be given some
attention.
Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the
Council and indicated he would like to see the alignment
of Old Newport Boulevard remain unchanged.
Bill Shaver, 127 Via Nice, addressed the Council in
support of improving the Arches bridge because of safety,
access and beauty . He stated he would be opposed to
making Old Newport Boulevard a cul-de-sac. He noted
that Alternative No. 2 provides additional bicycle paths,
and the bridge appears to be wider. He would hope that
some of Alternative No. 2 could be included in
•
Alternative No. 1.
Jerry Tucker, President, Old Newport Boulevard Property
Owners Association, addressed the Council and stated
they support the Interchange Bridge Structure proposal,
but they strongly oppose any access to Old Newport
Boulevard being cutoff. He added however that they
would like to improve the entrance to Old Newport
Boulevard.
George Baker, 434 Old Newport Boulevard, addressed the
Council and stated he would be opposed to anything that
would preclude ingress and egress at Old Newport
Boulevard and Pacific Coast Highway.,
Elaine Linhof� 1760 E. Ocean Boulevard, addressed the
Council regarding safety of the bicycle had on Newport
Boulevard leaving and coming onto the Peninsula.
Motion
x
Hearing no further comments, motion was made by
All Ayes
Council Member Cox to receive and file the Pacific
Coast Highway and Newport Boulevard Interchange
Improvement Study and preliminary landscape plans,
•
and authorize execution of an engineering services
agreement with IWA Engineers for the preparation of
the Project Study Report, taking into account the
remarks made during public testimony.
Meeting adjourned at 11:25 p.m.
Volume 49 - Page 25
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The agenda for thus meeting was posted on
January 4, 1995 at 4:15 p.m., on the City Hall
Bulletin Board located outside of the City of
Newport Beach Administration Building.
Mayo
ATTEST:
City Clerk
"•
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Volume 49 - Page 26
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