HomeMy WebLinkAbout01/23/1995 - Regular MeetingROLL
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Motion
All Ayes
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CITY OF NEWPORT
REGULAR COUNCIL MEETING
BEACH
MINUTES
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PLACE: Council Chambers
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TIME: 7:00 P.M.
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DATE: January 23, 1995
W3Qi°0o
IND
CLOSED SESSION - 5:00 a.m. [Refer to separate agenda
from City Attorney]
CLOSED SESSION REPORT PRESENTED: None
RECESSED AT 6:50 P.M.
RECONVENED AT 7:00 P.M. for reaular meetina
X
x
x
x
x
x
x
ROLL CALL
X
Reading of Minutes of Special Meetings of January 3, 6
and 7, and Regular Meeting of January 9, 1995, 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.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO
REPORT ON AT A SUBSEQUENT MEETING:
Mayor Pro Tern Debay requested that staff report
back in 30 days regarding a summary response for
DISASTER RECOVERY. She stated that a
homeowner association in West Newport sustained
damage during the recent rains, and are not fully
aware of the procedure to follow regarding FEMA,
etc.
Mayor Pro Tern Debay requested that staff report
back in 30 days with suggestions regarding the
feasibility of PUBLIC FORUMS.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT.,
Mayor Hedges requested the Planning Department
and Planning Commission study the feasibility of
establishing SETBACKS ON ALLEYS 20 feet or wider
to zero.
CONSENT CALENDAR
X
The following Hems were approved, except for those items
removed:
ORDINANCES FOR INTRODUCTION - Pass to second
reading on February 13,1995:
1. Proposed ORDINANCE NO. 95 -3, being,
Ord 95 -3
Traffic
AN ORDINANCE OF THE CITY COUNCIL OF
(85)
THE CITY OF NEWPORT BEACH REVISING
SECTION 12.44.020(1) OF THE NEWPORT
BEACH MUNICIPAL CODE. [Memorandum
from Traffic Affairs Committee and
Supplemental Report from the Assistant City
Manager]
Volume 49 - Page 27
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January 23, 1995
INDEX
CONTRACTS AND AGREEMENTS
•
2. 503 32ND STREET OFFSITE PARKING AGREEMENT -
503 32nd St
Request to amend a previously approved off -site
Pkg Agrn
parking agreement which provides required off-
C -2801 (38)
street parking spaces for an existing office building
on property located at 503 32nd Street and which
are located at an off -site location at the rear of
the Via Lido Plaza Shopping Center in the RSC -H
District. [Report from Planning Department]
3. IRVINE AVENUE AND 17TH STREET /WESTCLIFF DRIVE
Irvine Av & 17t
INTERSECTION IMPROVEMENTS TEMPORARY
Westclf Dr
FUNDING AGREEMENT (CONTRACT NO. 2943) -
C -2943 (38)
Approve Temporary Funding Agreement with the
City of Costa Mesa, and authorize the City
Manager to execute subject Agreement. [Report
from Public Works Department]
4. PERSONNEL VACANCIES - Report from Personnel
(66)
Director.
5. CLAIMS - For Denial by the City Manager.
(36)
•
Richard A. Barror protesting Fire Department
charge of $150 to cleanup paint spill in alley on
November 18, 1994 at 709 Begonia Avenue.
Richard Conlon, III alleging damage to his parked
vehicle by City Refuse truck at Orange Street;
seeking reimbursement of $1,100.27.
Michael D. Johnson alleging damage to vehicle as
a result of accident with City vehicle on December
13, 1994 on Via Lido Nord.
Jack L. Keyes alleging City caused removal of
native material during March /April 1994 from street
resulting in slope damage on Half Moon Bay Drive.
Dragoslava Kulmatickl alleging damage to tire as a
result of hitting large piece of metal in roadway
from City Refuse truck on Newport Hills Road East
on December 31, 1994.
Newport Crest Homeowners Association alleging
City Refuse truck backed over light pole at 15
Intrepid on August 15,1994; seeking reimbursement
of 571.60.
Raypak, Inc. seeking indemnity from complaint
filed by Mireya Santiago, et al, vs. Reem
Manufacturing Company.
A. J. Vitarelli alleging overhanging tree at Emerald
and South Bayfront dented camper shell of
claimant's vehicle at 140 S. Bayfront on December
14, 1994.
Volume- 49 - Page 28
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January 23, 1995 INDEX
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Steven F. Weinstein alleging City caused removal
of native material from street in March /April 1994
resulting in slope damage on Half Moon Bay Drive.
6. PLANNING COMMISSION AGENDA FOR JANUARY
(68)
19, 1995.
7. BALBOA PARKING LOT - Approve an exemption to
Balboa Pkg Lot
partial moratorium on General Fund, Capital
(51)
Expenditures, adopted by the City Council on June
27, 1994 to be used for Balboa Parking Lot fee
equipment replacement in the amount of $22,400.
[Report from Marine Department]
8. Removed from the Consent Calendar.
9. TIDELANDS OIL FIELD OPERATION STORM DRAIN AND
Tidelands Oil
SURFACE DRAINAGE IMPROVEMENTS (CONTRACT
Field Oper /Stamm
NO. 2976) - Approve the plans and specifications;
Drain/Srfc Drng
and authorize City Clerk to advertise for bids for
C -2976 (38)
construction of the project (bids to be opened at 2
p.m., Tuesday, January 31, 1995 in the office of the
City Clerk). [Report from Utilities Department]
•
10. Removed from the Consent Calendar.
11. Removed from the Consent Calendar.
12. HAZEL DRIVE WATER AND SEWER REPLACEMENT
Hazel Dr Wtr/Sw
PROJECT (CONTRACT NO. 2892) - Accept work and
RPIM Prj
authorize the City Clerk to file Notice of
C -2892 (38)
Completion and release the bonds 35 days after
Notice of Completion has been recorded pursuant
to applicable provisions of the California Civil
Code. [Report from Utilities Department]
13. Removed from the Consent Calendar.
14. Removed from the Consent Calendar.
15. ALISO AVENUE PUBLIC RIGHT -OF -WAY ADJACENT TO
Aliso Av Pblc
522 ALISO AVENUE, NEWPORT HEIGHTS - Approve
R-0--W Encroach+
application subject to execution of an
(65)
Encroachment Agreement for non - standard
improvements (City Clerk to have agreement
recorded); and an Encroachment Permit issued by
the Public Works Department. [Report from Public
Works Department]
•
16. PARKS, BEACHES AND RECREATION COMMISSION
PB &R Cmsn
(24)
VACANCY - Accept, with regret, letter of
resignation from Commissioner Cherie Hart and
direct City Clerk to advertise vacancy (nominees
to be presented on the February 27, 1995 agenda).
Volume 49 - Page 29
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January 23, 1995 INE
17. BUDGET AMENDMENTS
(40)
BA -020 - Removed from the Consent Calendar.
BA- 021, $8,804 - Increase the Fire Department
revenue estimates (grant revenues and private
donations) and appropriate these funds to
expenditure account for the purchase of a laptop
computer and associated software; Fire
Operations - Equipment Fund.
ITEMS REMOVED FROM THE CONSENT CALENDAR
8. Memorandum from Traffic Affairs Committee
Balboa BI
regarding BALBOA BOULEVARD LEFT TURNS.
Trfc
(85)
The Public Works Director stated that after the
agenda was printed and the staff report for this
item went out with the agenda, staff looked at the
possibility of a construction project that could
move the median island around within the street
section at 21st Street, thereby creating a left turn
lane and making some of the thru lanes narrower
than at present. The cost for the proposed project
would be approximately $25,000. He distributed
copies of a sketch depicting the subject
recommendation; described the design, and
stated that If this proposal is approved at this time,
he felt the project could be completed by
Summer.
Tom Hyans, President, Central Newport Beach
Community Association, addressed the Council
and spoke in support of a left -turn pocket at 21st
Street. He also discussed the existing traffic
problems at the subject location, and suggested
that in the interim, "No-Left Turn - Except for
Delivery Trucks" signs be posted at 21st Street.
Douglas Boyd, representing Balboa Peninsula Point
Association, addressed the Council and discussed
economic issues relative to the merchants who are
located in the subject area. He stated that if the
left -turn lane is closed at 21st Street, vehicles will
eventually "jam" into 22nd Place, and therefore,
recommended the City Council approve funding
for a left -turn pocket at 21st Street. He also
suggested consideration be given to "sqeezing"
the Balboa Boulevard merger lane into the parking
lot at McFadden Square. He stated that if this were
done, he felt only three parking spaces would be
lost in the lot, and that it would provide improved
access to the Spaghetti Factory and Crab Cooker
restaurants.
Volume 49 - Page 30
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January 23, 1995 INDEX
Sid Soffer, 900 Arbor Street, Costa Mesa, owner of
•
the Blue Beet restaurant in McFadden Square,
addressed the Council and expressed his concems
relative to the difficult traffic flow pattern in the
area.
Motion
x
Following consideration, motion was made by
All Ayes
Mayor Hedges to sustain the decision of the Traffic
Affairs Committee prohibiting left turns on
eastbound Balboa Boulevard at 21st Street,
creating a legal U -turn of 20th Street, and to direct
staff to prepare a budget amendment in the
amount of $25,000 for a Capital Improvement
Project for a separate left -tum lane at 21st Street to
be completed by Summer.
10. Report from Utilities Department recommending
Reservoir &
approval of plans and specifications for RESERVOIR
Purrp Station
AND PUMP STATION PROJECT (CONTRACT NO. 2961-
C- 2961 -B (38)
B).
Long Pham, 1529 W. Balboa Boulevard, addressed
the Council and expressed his concerns regarding
some of the provisions in the specifications for this
•
project.
Mayor Pro Tern Debay advised that she and
Council Member Watt along with the Utilities
Director, met with Mr. Pham following the last
Council meeting, to respond to his concems
relative to the Groundwater Project, and at that
time, requested that Mr. Pham address any
technical questions he has to the staff and /or
Council Member prior to a City Council meeting.
In response to the remarks made by Mr. Pham, the
Utilities Director stated that the reservoir and the
facilities that are considered a part of the
proposed contract, have been designed in
accordance with the National and California
seismic codes to withstand a 7.2 seismic event on
the Newport/Inglewood fault. With regard to the
capacity of the pump station, the 11.500 gallon per
minute figure in the staff report speaks to what will
be the normal operating capacity of the pump
station, however, the pump station will have five
pumping units that will meet the City's demands.
The plans and specifications for this project
consists of 89 plan sheets along with four volumes
of contract documents and detailed technical
specifications, and he would be happy to review
these items with anyone who is interested.
Volume 47 - Page 31
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January 23, 1995
INDEX
Sid Softer, 900 Arbor Street, Costa Mesa, addressed
•
the Council and expressed his concerns with
regard to the recent earthquake in Japan, and
seismic activity in general.
Motion
x
There being no further comments, motion was
All Ayes
made by Mayor Pro Tern Debay to approve the
subject plans and specifications and authorize the
City Clerk to solicit bids for construction of the
project from the list of pre - qualified contractors,
said bids to be opened at 1:30 p.m., Wednesday,
March I, 1995, in the office of the City Clerk.
11. Report from Utilities Department recommending
Riverside /Avon
approval of plans and specifications for
St Wtr & Swr
RIVERSIDE /AVON STREET WATER AND SEWER
Tmprvm
IMPROVEMENTS (CONTRACT NO. 3027).
C -3027 (38)
The City Manager stated that in the last few days,
staff has met with the merchants and property
owners in the subject area , and based on their
concerns to get this project completed, he
recommended that the bid opening date be
changed from February 28 to February 14, 1995.
M n
x
There being no comments, motion was made by
Al yes
Council Member O'Neil to approve the subject
plans and specifications, and authorize the City
Clerk to advertise for bids to be opened at 2:00
p.m., February 14, 1995, In the office of the City
Clerk
13. Report from Public Works Department
1994 -95 Sdwlk
recommending approval of plans and
Crb & Gutr Rplc
specifications for 1994.95 SIDEWALK, CURB AND
Phase II
GUTTER REPLACEMENT PROGRAM AND LIDO ISLE
C -3021 (38)
SIDEWALK REPLACEMENT PHASE II (CONTRACT NO.
3021).
In response to questions raised by Council Member
Glover, the City Manager stated that this project is
only jointly funded with the Lido Isle Homeowners
Association; and that the City would be
undertaking the expenses on Balboa Island and
Corona del Mar areas on Coast Highway.
The Public Works Director noted that the City must
maintain and accept the responsibility for all the
trees planted in the public right -of -way on Coast
•
Highway.
Motion
x
Hearing no further remarks, motion was made by
All Ayes
Council Member O'Neil to approve the plans and
specifications for this project and authorize the City
Clerk to advertise for bids to be opened at 11 a.m.
on February 15, 1995.
Volume 49 - Page 32
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Motion
Ayes
Abstained
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14. Progress report from Public Works Department
Upr Npt Bay
regarding UPPER NEWPORT BAY SEDIMENT CONTROL
Unit III
AND ENHANCEMENT PROJECT.
C -2987 (38)
In response to question raised by Council Member
Edwards, the City Manager stated that this project
is very unique and complex, and a more detailed
report will be presented to the City Council on
February 27, 1995.
x
In view of the foregoing, motion was made by
Council Member O'Neil to receive and file the
subject report, with the understanding that staff will
prepare an in -depth report, including
recommendations for authorization of specific
activities as well as the issue of funding, for
consideration on February 27, 1995.
Council Member Cox stated that it looks as
though the Clean Water Act is moving through
Congress, which could have an impact on this
project in the future, and therefore, he requested
this subject also be referenced in the staff report
on February 27.
Hearing no other comments, the motion was voted
on and carried.
17. BA -020, $100,000 - Increase the Airport Fund to
(40)
provide for remainder of the 1994 -95 fiscal year for
governmental relations consultants relative to
airport matters. [Report from City Attorney]
X
Mayor Hedges stated he will abstain from voting
X
x
x
x
x
x
on this item due to a possible conflict of interest,
X
and therefore, motion was made by Council
Member Cox to approve the recommended
action.
PUBLIC HEARINGS
18. Mayor Hedges opened the public hearing on
Diamond Cab
request of DIAMOND CAB COMPANY FOR
(27)
CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY to operate taxi in Newport Beach.
Report from Revenue Manager /Finance
Department.
It was noted that 'there are currently six taxicab
companies authorized to operate a total of 161
vehicles in the City. All six companies use these
vehicles to service other Orange and Los Angeles
county cities. Section 5.12.100 provides that the City
Council shall, by resolution, establish a schedule of
Volume 49 - Page 33
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January 23, 1995
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rates applicable to all taxicab companies
operating in the City. Resolution No. 89 -112 was the
last rate revision authorized by Council. Diamond
Cab Company has submitted an application for
certificate of public convenience and necessity to
operate three taxicabs in the City. Their vehicles
were inspected by the Police Department and
their report indicates that they meet applicable
Municipal and California Vehicle Code
requirements.
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made by Council Member O'Neil to
All Ayes
approve the recommended action contained in
the staff report.
19. Mayor Hedges opened the public hearing on
Yellow Coast Cal
request of COAST YELLOW CAB COOPERATIVE, INC.,
(27)
to consider request for rate change for taxicab
services in Newport Beach.
Report from Revenue Manager /Finance
Department.
It was noted that Municipal Code Section 5.12.100
provides that the rates charged by taxicabs
operating in the City shall be approved by the City
Council. No requests for rate increases have been
received since 1989. Coast Yellow Cab
Cooperative has submitted a request to increase
taxicab rates as enumerated in the staff report.
The Consumer Price Index (Los Angeles, Long
Beach, Anaheim) has increased 17.676 since the last
rate increase was approved in 1989. The requested
rate increase appears reasonable in comparison
to the increase of the CPI.
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made by Council Member O'Neil to
Res 95 -12
All Ayes
adopt Resolution No. 95 -12 reflecting the requested
rate increase.
20. Mayor Hedges opened the public hearing
Ord 95 -2
regarding Proposed ORDINANCE NO. 95 -2, being,
Zoning /Recyclb]
(94)
•
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
TITLE 20 OF THE NEWPORT BEACH MUNICIPAL
CODE SO AS TO ADD REGULATIONS RELATED
TO THE COLLECTION AND LOADING OF
RECYCLABLE MATERIALS IN NEW
DEVELOPMENT PROJECTS (PLANNING
pCA 808
COMMISSION AMENDMENT NO. 808)
Volume 49 - Page 34
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Motion
All Ayes
40
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January 23, 1995 I NE
Report from Planning Department.
The City Clerk advised that after the agenda was
printed, a letter was received from Rainbow
Disposal Company in support of the proposed
Ordinance.
The Planning Director noted that the proposed
Ordinance was originally approved by the
Planning Commission in August 1994, and has been
before the City Council on numerous occasions. It
was referred to the Integrated Waste Management
Board, and some suggested modifications to the
Ordinance came back from the Board and have
been included in the subject document. The
revised Ordinance was introduced by the City
Council on January 9, 1995.
Hearing no one wishing to address the Council, the
public hearing was closed..
x
Motion was made by Council Member Edwards to
adopt Ordinance No. 95 -2.
21. Mayor Hedges opened the public hearing
PCA 814
regarding:
Zoning
(94)
A. Amendment No. 814- Request to amend the
North Ford Planned Community District Regulations
so as to modify the parking requirements for Area 4
of the Development Plan to allow for the reduction
of 40 parking spaces as required to comply with
the requirements of the U.S. Fish and Wildlife
Service; and the acceptance of an Environmental
Document;
AND
B.Tentative Mac of Tract No. 14989 - Request to
Tent Map
subdivide 20.36 acres of land into two numbered
Tr 14989
lots for a 300- unit residential condominium
development and 3- lettered lots for open space;
AND
C. Site Plan Review No. 72 - Request to approve a
Site Pla
Site Plan Review for the development of 300
Rev 72
residential condominium units and approximately
2.49 acres of open space on Property located in
the North Ford Planned Community District.
Report from Planning Department.
The Planning Director noted that this item was
approved by the Planning Commission on January
5, 1995, and if approved by the City Council, the
applications submitted will allow the subdivision of
Volume 49 - Page 35
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January 23, 1995 INDEX
the San Diego Creek South property for multi - family
•
development (Baypoint Apartments). An
amendment to the adopted North Ford Planned
Community District Regulations is requested to
reduce the parking requirement for this project in
order to provide the additional wildlife habitat
area requested by the U.S. Fish and Wildlife
Service.
In response to question raised by Mayor Pro Tern
Debay regarding emergency access, the Public
Works Director stated that included in the
subdivision are two locations for emergency
vehicle access as well as a separate access for
bicycles.
Tom Redwitz, Vice President of Development and
Entitlement, The Irvine Company, addressed the
Council and stated this project is part of the
Comprehensive Circulation Improvement and
Open Space Agreement with the City and
provides significant circulation improvement
funding and open space dedications to the City.
This site was the subject of extensive dialogue with
•
the community over a period of years before
arriving at the final plan. He introduced Rick
Lamprecht, Vice President of Development with
Irvine Apartment Communities who will be the
owners, developers, and managers of the project.
Mr. Lemprecht addressed the Council and
thanked the Planning and Public Works staff for
their cooperation on this project. He also stated
they accept the Conditions of Approval as
outlined in the staff report.
Hearing no one else wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made by Council Member Cox to
All Ayes
adopt Resolution No. 95 -8, approving Amendment
No. 814 and sustaining the Planning Commission
approval of Tentative Map of Tract No. 14989 and
Site Plan Review No. 72.
22. Mayor Hedges opened the public hearing
GPA 94 -3 (A)
regarding:
(45)
A. General Plan Amendment 94 -3(A) - Request to
101
amend the General Plan Land Use and Recreation
and Open Space Elements for the CALTRANS WEST
parcel. This request would change the land use
designation of Single Family Attached with an
allocation of 152 dwelling units to add an alternate
Volume 49 - Page 36
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January 23, 1995 INDEX
designation of Recreational and Environmental
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Open Space which may be implemented subject
to specific criteria set forth in the General Plan;
AND
B. Local Coastal Puoaram Amendment No. 35 -
LCPA 35
Request to amend the Local Coastal Program,
Land Use Plan for the CalTrans West parcel. This
request would change the language of the LCP to
be consistent with that approved in General Plan
Amendment 94�3(A);
AND
C. Amendment No. 815 - Request to amend the
PCA 815
Planned Community District Regulations for the
CalTrans West Planned Community. This
amendment will cross reference the provisions of
General Plan Amendment 94 -3(A) in order to
maintain internal consistency between the
General Plan and Zoning Regulations.
Report from Planning Department.
The Planning Director advised that this particular
item provides for an alternative land use to the
existing allocation of 152 dwelling units on the
CalTrans West property , and the alternative land
use would be designated as Recreation and
Environmental Open Space, and if approved, the
applications described above will provide the
California Department of Transportation (CalTrans)
greater flexibility in the disposition of the CalTrans
West property. The language under consideration
is intended to facilitate the acquisition of the
parcel by the City for community park purposes.
General Plan Amendment procedures are
described in Council Policy K -l.
In response to question raised by Mayor Pro Tern
Debay , the Planning Director stated he is not
aware of any proposal by the State to give this
property to the City.
In response to question raised by Council Member
Glover, the Planning Director advised that CalTrans
will be responsible for locating the transfer sites for
the 152 dwelling units, followed by a traffic
•
equivalency study, and approval by City Council.
Ralph Neal, representing CalTrans, addressed the
Council and encouraged the City to go forward
with this project. He stated he felt this was a "good
solution for CalTrans, the City and the neighbors."
Volume 49 - Page 37
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Motion
All Ayes
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January 23, 1995 INE
Louise Greely, 16 Swift Court, addressed the Council
in support of the General Plan Amendment. She
stated she felt this was a win -win situation for both
CalTrans and the City, and their Committee is
grateful to the staff for their creative negotiations
with CalTrans, and for the support and
encouragement from Mayor Pro Tern Debay and
Council Member Watt. She stated it is also the
Committee's recommendation that the subject
property be named Sunset Ridge as referenced in
the early 1960's by the Sheriff's Department who
patrolled the property at that time.
Bill Jennings, 280 Cagney Lane, and Dick Demmer,
2812 Cliff Drive, also addressed the Council in
support of the General Plan Amendment,
indicating that if approved, it will secure the
property for future development, and they hope to
see the site materialize into a bluff top park
system.
Hearing no others wishing to address the Council,
the public hearing was closed.
Mayor Pro Tern Debay reiterated that the City
does not presently own the subject property, but
she is hopeful that someday it will be part of the
City's park system.
x
Motion was made by Mayor Pro Tern Debay to
Res 95 -9
adopt the following: Resolution No. 95 -9 approving
General Plan Amendment 94 -3(A): Resolution No.
Res 95 -10
95 -10 approving Local Coastal Program
Amendment 35: and Resolution No. 95 -11
Res 95 -11
appproving Amendment No. 815.
PUBLIC COMMENTS: None.
ORDINANCES FOR ADOPTION
23. Proposed ORDINANCE NO. 95 -1, being,
Ord 95 -1
Pier Regs
AN ORDINANCE OF THE CITY COUNCIL OF
(62)
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.
The City Clerk advised that after the agenda was
printed, a letter was received from Ken Jones, also
known as The Pier Fisherman, regarding the
proposed Ordinance.
i
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INDEX
Ken Delino, Assistant City Manager, addressed the
Pier Regs
Council and displayed recent photographs of
conditions on the Newport Pier. He stated that the
ordinance requested is a "tool" for the City
Manager to help with the difficult problem of trash
on the Pier. He stated that in 1994, a series of
Ordinances were adopted, based on experiences
of other cities and other piers. As a result of those
new regulations, signs were posted, and cards and
promotional T- shirts were distributed to the
fishermen informing them of these new
ordinances. However, the program was
unsuccessful and, therefore, the proposed
Ordinance is under consideration. If the
Ordinance is approved, he intends to bring back
to the Council in 30 days an implementation plan.
The following persons addressed the Council in
opposition to closing Newport Pier during peak
hour fishing time:
Mike Gorman, 981 W. 18th Street, Costa Mesa
Patrick Kennedy, Owner of Baldy's Tackle,
100 McFadden Place
Mark Coasich. Manager of Boldy's Tackle,
•
100 McFadden Place
Joe Imbriano, 22719th Street
Eric Anderson, Architect representing the
owner the Newport Pier Restaurant
Walter Burnam, 106 22nd Street
Ted Kramer, resident of Irvine
Sid Soffer, 900 Arbor Street, Costa Mesa
Ken Jones, "The Pier Fisherman" (submitted letter
dated January 21, 1995)
Lou Fichaux, 1806 W. Balboa Boulevard
Owen Minney, 2601 W. Coast Highway
Eric Tiery, Laguna Beach
Some of the concerns expressed by the above
speakers were: I) the City should enforce its
existing codes relative to pier fishing prior to
enacting the subject Ordinance; 2) the beaches
also need cleaning because they are dirtier than
the Pier, 3) the Pier should be closed between 12
midnight and 5 a.m. for cleaning inasmuch as 6
a.m. to 8 a.m. is prime time for fishing and will not
impact the businesses in the area; 4) the City could
•
generate revenue if citations were issued for
littering on the Pier, 5) trash receptacles need to
be increased at the end of the Pier as well as bait
cutting boards throughout the Pier, 6) Police
enforcement and visibility would be helpful on the
Pier, 7) the Newport Pier restaurant is not taking
care of its own trash properly; 8) fishing on the Pier
Volume, 49 - Page 39
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is a livlihood for many; 9) the Huntington Beach
Pier is closely monitored and violations are
Pier Regs
enforced; 10) the Pier is for the enjoyment of
everyone, and not just fishermen.
Rush Hill, representing the Economic Development
Committee and Newport Pier Association,
addressed the Council and stated they have been
working with the staff for over two years on this
issue, and felt the proposed Ordinance will give
the City Manager the flexibility he needs to
improve the situation. They have come a long
way with the Police Department in solving the
safety issues in the Pier area and they feel very
positive about that; however, in the last two years,
they have made very little headway in solving the
basic issue of cleanliness on the Pier. They have
conducted an education program regarding this
problem and have also stepped up Police activity
on the Pier, but feel the Ordinance under
consideration must be adopted in order to help
alleviate the situation.
Tom Hyans, President, Central Newport Beach
Community Association, addressed the Council in
•
support of the proposed Ordinance as written. He
stated the Pier is "absolute filth," and that the
owner of the Newport Pier restuarant is not
blameless with regard to trash. He also felt that
enforcement of the current regulations does not
work, and that the Pier must be closed in order to
clean it on a regular basis.
Discussion ensued, wherein the Assistant City
Manager advised that the Pier is cleaned at 6
a.m. six days a week by the General Services
Department, but gets dirty again very quickly. He
stated they have attempted to enforce the current
regulations, and the Police Department has been
very cooperative, but for some reason the City is
not getting the fishermens' attention and that is
why he feels the proposed Ordinance is so
important. He stated that blocking off certain
portions of the Pier for several weeks should get
some response from the fishermen and hopefully
this will be a beginning to solving the problem.
Morn
x
Following consideration, motion was made by
Council Member O'Neil to adopt Ordinance No.
95.1 as presented.
In response to questions raised by Mayor Pro Tem
Debay, the Assistant City Manager stated that staff
can begin immediately working with the businesses
in the area to make more people aware of this
issue as well as distribute additional T -shirts and
flyers promoting the clean -up campaign.
Volume 49 - Page 40
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M9on
x
Discussion continued wherein Council Member
O'Neil withdrew his motion and Mayor Hedges
made a motion to adopt Ordinance No. 95 -1, but
that said document not become effective until April
10, 1995 at which time an implementation plan will
be brought back to the Council for consideration.
In the interim, the staff is directed to work with the
fishing community in an attempt to resolve the
problems, and the Police Department is directed
to increase their enforcement profile on the
Newport Pier.
Council Member Cox stated that even though he
supports the "theme" suggested by Mayor Hedges,
he does have reservations with regard to the
proposed Ordinance in that he does not see its
effectiveness. He stated he felt the staff needs to
develop some type of benchmarking progress
and /or performance indicators on this issue when it
is brought back to the Council in April.
Council Member Edwards stated that in light of
Council Member Cox's suggestion, he will support
the motion.
Ayes
The motion was voted on and carried.
CONTINUED BUSINESS
24. Report from Public Works Department
Nicholson/
recommending denial of appeal of ROBERT H.
Encroactunent
NICHOLSON for construction and maintenance of
(65)
private improvements 2' behind the existing
sidewalk within the South Bay Front public right -of-
way adjacent to 206 South Bay Front, Balboa
Island.
It was noted that on January 9, 1995, the City
Council directed staff to determine the extent of
other encroachments in the 200 block of South Bay
Front right -of -way. There are six parcels located in
the 200 block of South Bay Front between Emerald
and Garnet Avenues as set forth in the staff report.
The South Bay Front right -of -way varies from 2.4
feet behind back of walk at Emerald Avenue to 7.7
feet behind back of walk at Garnet Avenue. The
private improvements encroach anywhere from
0.2 feet into the public right -of -way to 5.9 feet into
•
the public right -of -way.
The owner of the property located at 206 South
Bay Front on Balboa Island previously requested
that he be permitted to encroach 5'6" into the
South Bay Front right -of -way (2' behind the existing
sidewalk) with the construction of a raised patio
with grouted brick wall, a planted, a step, and
grouted paving stones. The new wall was to
Volume 49 - Page 41
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January 23, 1995
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replace an old wall that had been removed in the
•
same location. The City staff informed the
architect representing the owner of Council Policy
L -6, Private Encroachments in Public Riahts -of-
Wav," but the property owner feels he should be
allowed to rebuild the wall 2' behind the South Bay
Front sidewalk for the reasons enumerated in the
staff report.
Reference was made to photographs showing the
properties on either side of the subject property
which indicate a 2' setback.
Zachary Sham, Architect representing the property
owner of 206 South Bay Front, addressed the
Council and submitted three letters in support of
Mr. Nicholson's appeal from property owners in the
200 block of South Bay Front. He stated the
Nicholsons have owned the current home for over
50 years, and their real concern is a safety factor in
that they felt the encroachment should be the
same (or even) with that of their adjacent
neighbors or it would be a dangerous hazard.
M90
x
Council Member Watt stated she did not feel it was
justifiable to talk about just the one block on South
Bay Front inasmuch as Council Policy L -6 affects
the entire Island. She noted that there are a
number of new homes on the Island that had to
comply with Policy L -6, and therefore, she made a
motion to sustain staff's recommendation and deny
the subject appeal.
In response to question raised by Council Member
O'Neil, the City Attorney stated that the property
owner is required to defend and indemnify the City
for any accident or injury that occurs in the area of
encroachment and, in his opinion, the City is not
creating a dangerous condition in this particular
situation.
All Ayes
The motion was voted on and carried.
25. APPOINTMENTS TO CITIZENS ADVISORY
CAC
COMMITTEES.
Motion
x
Motion was made by Mayor Hedges to confirm the
All yes
following appointments:
Bicycle Trails Citizens Advisory Committee
(District 1) Mayor Hedges' appointment of Peter
Beck and Melvin Mann.
(District 3) Council Member Glover's appointment
of Marianne McDaniel and Stuart Macfarland.
Volume 49 - Page 42
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Ayes
Abstained
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January 23, 1995
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Environmental Quality Affairs Citizens Advisory
Committee
(District 1) Mayor Hedges' reappointment of Mike
Kilbride and appointment of Randy Johnson.
(District 3) Council Member Glover's appointment
of Sue Hogan and reappointment of Ed Hepner.
Harbor Quality Citizens Advisory Committee
(District 1) Mayor Hedges' reappointment of
Leonard Miller.
26. APPOINTMENTS TO PLANNING COMMISSION
Planning
VACANCIES.
Carmiissic
Mayor Hedges stated that 52 applications were
submitted for the two current vacancies; 16
applicants were interviewed by the Nominating
Committee, and that it was very difficult to narrow
it down to the five nominees listed on the Agenda.
The Council was instructed to vote for (2) nominees
and abstain for (3).
X
x
x
x
Mitchell Brown
X
x
x
X
x
x
x
x
Michael Kranzley
X
x
Edward Selich
Stephen Sutherland
Tom Thomson
Mitchell Brown and Michael Kranzley were
appointed to the Planning Commission to fill the
unexpired terms of Thomas C. Edwards and Norma
J. Glover, ending on June 30, 1997.
(Refer also to Page 46)
27. ECONOMIC DEVELOPMENT COMMITTEE VACANCY.
Fconanic
Developm
The Council was requested to confirm an
cmmittei
appointment as a result of the resignation of Phillip
Bettencourt, representative from the Building
Industries, but Mayor Hedges suggested action on
this Rem be deferred until the new Council Policy
relative to the Economic Development Committee
has been considered, and there being no
objections, it was so ordered.
I
Volume 49 - Page 43
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January 23, 1995
1 N
CURRENT BUSINESS
28. AVIATION COUNCIL /CITIZENS COMMITTEE
Aviation/
VACANCY.
Citizens
CarmAttee
Letter from Balboa Island Improvement Association
President Leroy Sutherland.
X
Motion was made by Mayor Hedges to confirm
appointment of Ralph Rodheim (replacing Tom
O'Brien) as the Homeowners representative, and
Leroy Sutherland as Alternate.
SUPPLEMENTAL AGENDA ITEM
29. Discussion regarding January 9, 1995 decision of the
Arches Ir
City Council to approve, in concept, proposed
change In
IMPROVEMENTS TO THE ARCHES INTERCHANGE.
Council Member Glover advised that following the
last City Council meeting, she was contacted by
representatives of the Mariners Mile Business
Association and Old Newport Boulevard Property
Owners Association concerning this issue, and as a
result, she would like the staff to clarify exactly what
the City Council voted on at their last meeting as
well as hear input from affected parties.
Owen Minney, 2601 W. Coast Highway, addressed
the Council and stated he would like the proposed
study for Phase 1, Improvement of the Arches
Bridge, brought back for further discussion. He
stated that he has talked with many individuals
throughout the City regarding the subject proposal,
and felt that if improvements to the bridge are
made, it will greatly impact the Lido Isle business
community as well as the businesses on Mariners
Mile, and Old Newport Boulevard. He discussed
the drainage problems in the culverts near the
Arches bridge and other streets, and
recommended they be repaired. He also
expressed concern for safety of the bicycle lane on
the bridge.
Bill Shaver, 127 Via Nice, addressed the Council in
support of the proposed study for Phase 1,
Improvement of the Arches Bridge, and emphasized
that the Old Newport Boulevard Property Owners
Association fully endorsed the some as referenced
in their letter dated January 24, 1995. He stated he
felt the existing bridge is unsafe for children using it
on bicycles, and noted that because of its age, the
bridge does not meet earthquake standards. He
also felt the improvement would help traffic flow,
and urged the Council to uphold their decision of
January 9, 1995 to move ahead with the study.
Volume 49 - Page 44
EX
CoLmcil
(24)
ter -
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Peter Tarr, 5023 Lido Sands Drive, addressed the
Council and stated that the bridge is inadequate,
Arches Inter -
change Imprvr
the lanes are too narrow, access is poor, traffic
merging lanes are non - existent, and the City
should take the opportunity to fix it properly.
Jerry Tucker, President, Old Newport Boulevard
Property Owners Association, addressed the
Council and reiterated their support to proceed
with the proposed study. He stated the bridge is
dangerous as evidenced by an average of 44
accidents per year.
Karen Evarts, 426 Piazza Lido, addressed the
Council in support of upgrading the Arches bridge,
and stated she felt it was imperative for the City to
move ahead.
Tom Hyans, President, Central Newport Beach
Community Association, addressed the Council
and urged they sustain their decision of January 9,
1995 and proceed with the study.
Motion
X
Hearing no further testimony, the following motion
was read into the record by Council Member
•
Glover.
"This motion is intended to clarify the City
Council's action taken on January 9, 1995
concerning the consultant's contract for the
preparation of a Project Study Report (PSR) for
the Interchange Bridge Structure design
concept for the Coast Highway /Newport
Boulevard Interchange Improvement Project.
"The approval of the consultants contract to
prepare the PSR was for the Interchange Bridge
Structures Improvements Concept only and the
consultant is not to consider or do any further
work that would lead to the implementation of
either the Ramp Modification and Storm Drain
Improvements Concept or the Full Standard
Concept (Pinwheel or Star Concept). The City
Council does not support either of the last two
mentioned concepts and furthermore does not
want to pursue any concept that would impact
the flow of traffic to Old Newport Boulevard
from Coast Highway or remove parking spaces
•
from Coast Highway. The City Council does not
object to working with CalTrans to correct the
storm drain situation along Old Newport
Boulevard that has recently flooded and closed
Coast Highway on two occasions."
Volume 49 - Page 45
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All Ayes
Motion
All Ayes
Ayes
Abstained
Ayes
Abstained
Ayes
Abstained
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January 23, 1995
INE
In response to question raised by Council Member
Edwards, the City Manager indicated that the
above motion does not amend or alter the action
taken by the City Council on January 9, 1995. He
also noted that the minutes for that meeting reflect
that the study includes only the bridge project.
The motion was voted on and carried.
26. PLANNING COMMISSION APPOINTMENTS
Planning
Carnnissia
x
Motion was made by Council Member Cox to
reopen this Item to continue the voting process for
the Planning Commission vacancies inasmuch as
not all Council Members voted twice.
x
Edward Selich
x
x
x
x
x
x
x
x
x
Stephen Sutherland
x
x
x
x
x
Tom Thomson
X
x
x
x
x
x
(Refer to Minute Page 43 for previous action.)
Meeting adjourned at 10:00 p.m., in memory of Leon
Argyros, father of George Argyros, who passed away
recently. George Argyros is an outstanding individual
whose efforts contributed significantly in the support and
implementation of Measure A (El Toro).
The Council further adjourned to Closed Session at 10:00
p.m., reconvened at 11:30 p.m. with no action taken, and
immediately adjourned.
....................
The agenda for this meeting was posted on January 18,
1995 at 1:10 p.m., and on January 19, 1995, at 2:15 p.m.,
the supplemental agenda was posted on the City Hall
Bulletin Board located outside of the City of Newport
Beach Administration Building.
S
Mayor
ATTEST:
City Clerk
Volume 49 - Page
SEX