HomeMy WebLinkAbout09/11/1995 - Regular MeetingROLL
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Present
Motion
All Ayes
Motion
All Ayes
•
Motion
All Ayes
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CITY OF NEWPORT
REGULAR COUNCIL MEETING
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DATE: September 11, 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 6:50 P.M.
RECONVENED AT 7:00 P.M. for regular meetina
x
x
x
x
x
x
x
ROLL CALL
X
Reading of Minutes of Meeting of August 28, 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 announced that the
"blackball" issue originally scheduled for the
September 25 City Council meeting will now be held
October 9.
• Council Member Glover requested a status report on
the narrowing of Dover Drive.
• Mayor Hedges stated he intends to send a letter to the
Newport Mesa Unified School District offering the use
of the City's Council Chambers for their televised
meetings until such time as they are in their new
building.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT.
• Mayor Hedges requested staff review (internally)
lighted signs that face the Bay and Ocean Fronts.
CONSENT CALENDAR
X
The following Items were approved, except for those items
removed:
ORDINANCES) FOR INTRODUCTION
Pass to second reading on September 25,1995:
1. DELETED
Volume 49 - Page 404
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September 11, 1995
INDEX
2. Proposed ORDINANCE NO. 95 -44,
Ord 95 -44
•
Recreational
AMENDING SECTION 11.04.020 OF CHAPTER
Activities/
11.04 OF THE NEWPORT BEACH MUNICIPAL
Beaches
CODE PERTAINING TO PROHIBITED ACTIVITIES IN
(62 )
PARKS. [Report from Community Services
Director]
3. Removed from the Consent Calendar.
4. Proposed ORDINANCE NO. 95 -46,
Ord 95 -46
Public Nuis-
AMENDING CHAPTER 10.50 OF THE NEWPORT
ance Abatemen
BEACH MUNICIPAL CODE TO DEFINE WINDOW
(26/70)
REPLACEMENTS WITH MATERIALS OTHER THAN
GLASS AS A NUISANCE. [Report from Assistant
City Manager, Building and Planning]
RESOLUTION(S) FOR ADOPTION
5. Resolution No. 95.99, adopting the "BRADLEY-
Revenue
BURNS BILL OF RIGHTS." [Report from Revenue
Res 95 -99
Manager /Administrative Services Department]
(4 0 )
6. Resolution No. 95 -100, initiating amendments to
Title 20 /Autc
•
TITLE 20 AND VARIOUS PC TEXTS RELATING TO AUTO
Uses
USES. [Report from Planning Department]
Res 95-100(8E
7. Resolution No. 95 -101, declaring that WEEDS AND
Phase II Weec
OTHER NUISANCES exist and SCHEDULE PUBLIC
Abatement
HEARING ON SEPTEMBER 25, 1995, FOR PHASE II OF
Res 95 -101
THE 1995 WEED ABATEMENT PROGRAM, to hear
(41).
protests, if any, and certify the list of properties that
may require weed abatement and cleaning.
[Report from Fire and Marine Chief)
CONTRACT(S) AND AGREEMENT(S)
8. AMENDMENT TO BAHIA CORINTHIAN YACHT CLUB
Bahia Car
CONTRACT NO. 3057 - Approve an amendment to
Ycht Clb
the Tidelands Lease with the Bahia Corinthian
C -3057
Yacht Club for first year annual rent to be
(38 )
$29,256.51 and feasible lineal footage to be 2,079
feet. [Report from Fire and Marine Chief]
9. CLAIMS - For Denial by the City Manager.
(3 6 )
Olimpfu Apohidean for damages /personal injuries
as a result of being rear ended on February 26,
•
1995 by another vehicle while claimant was
waiting at the green light to merge southbound;
alleging negligent and defective highway design,
etc., at Intersection of MacArthur Boulevard [SR -73)
and San Joaquin Hills Road.
Volume 49 - Page 405
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September 11, 1995
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Jamie Shah for damages to windshield as a result
•
of City truck trailer wheel throwing up rock into
windshield of claimant's vehicle on the Newport
Freeway /55, southbound near end of the freeway
on May 11, 1995.
10. PLANNING COMMISSION AGENDA FOR
(68 )
SEPTEMBER 7, 1995.
11. UPPER NEWPORT BAY UNIT III SEDIMENT CONTROL
PW /Upr Npt Ba
AND ENHANCEMENT PROJECT STATUS REPORT -
Unit III
Receive and file. [Report from Public Works
C -2987
Department].
(38 )
12. ACCEPTANCE OF BALBOA BOULEVARD AT 21ST
Bal Bl /21st
STREET LEFT TURN LANE (CONTRACT NO. 3045) -
St Lft Trn Ln
Accept the work; authorize the City Clerk to file a
C -3045
Notice of Completion; and to release the bonds
(38 )
35 days after the Notice of Completion has been
recorded in accordance with applicable portions
of the Civil Code. [Report from Public Works
Department]
13. MACARTHUR BOULEVARD WIDENING - SEGMENT i
MacA 131 Wdng/
PACIFIC COAST HIGHWAY TO 1000 FEET NORTH OF
Seg 1 PCH
•
SAN JOAQUIN HILLS ROAD (CONTRACT NO. 2825 -C)
C-2825(C)
Approve the plans and specifications for
(38 )
construction of Segment 1 of the MacArthur
Boulevard Widening project extending from Pacific
Coast Highway to 1000 feet northerly of San
Joaquin Hills Road; and authorize the
advertisement for construction of bids. [Report
from Public Works Department]
14. MAIN STREET INTERIM IMPROVEMENTS (CONTRACT
Main St Intrn
NO. 3060) - 1) award subject contract to Gillespie
Imp
Construction, Inc., for the total bid price of $42,470;
C -3060
and authorize Staff to negotiate extra quantities of
(38 )
work with Gillespie Construction, Inc., not to
exceed $25,000; or 2) if cannot successfully
negotiate the extra work, reject all bids, and direct
staff to readverfise for bids. [Report from Public
Works Department]
15. Removed from the Consent Calendar.
16. FINAL TRACT MAP NO. 14989 - Approve Final Map
Final Mp Tr
of Tract No. 14989, (Bayport Apartments) with the
14989
finding and subject to the condition as set forth in
.
Exhibit "A;" request to subdivide 20.36 acres of land
into 2 numbered lots for a 300 -unit residential
condominium development and 3 lettered lots for
open space. [Report from Planning Department]
Volume 49 - Page 406
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17. MASSAGE OPERATOR'S PERMIT - Uphold decision of
(27 )
•
Hearing Officer and deny Massage Operator's
Permit for Jeanette Martin. [Report from City
Attorney's Office]
18. OLD NEWPORT BOULEVARD SPECIFIC AREA PLAN AD
Old Npt Bl
HOC COMMITTEE - Receive and file notes of
SAP
meeting of August 15, 1995. [Memorandum from
(2 4 )
Planning Department]
19. EXCESS WORKERS' COMPENSATION INSURANCE -
Insurance/
Ratify the action of the City Manager in binding
Workers' COME
insurance for excess workers' compensation
(4 7 )
coverage. [Report from Administrative Services
Department]
20. SPECIAL EVENTS APPLICATIONS - Approve the
Special Even -
following applications, subject to conditions in the
Permit Apl
staff report from the Recreation Manager,
(27 )
Community Services Department:
Application No. 95 -135 - Race for the Cure 5 K
Apl 95 -135
Run /Walk, Susan G. Komen Foundation request
on Saturday, September 23, 1995 from 12 Noon
- 5 p.m. (expo only), and Sunday, September 24,
•
1995 (race and expo) from 7 a.m. - 12 Noon at
Fashion Island, with amplified sound requested
during the aforementioned dates and times.
Application No. 95 -216 - Removed from the
Consent Calendar.
Application No. 95 -238 - Christening Newport
Apl 95 -238
Harbor Nautical Museum, Friday, September 22,
1995 from 6:30 - 10:30 p.m., with request for use
of pyrotechnics for a fireworks display as part of
the event.
Application No. 95 -267 - Removed from the
Consent Calendar.
Application No. 95 -269 - Heart & Sole Classic
Apl 95 -269
Walk/Run/Cycling, Saturday, October 28, 1995
from 8 - 10 a.m., on Back Bay Road.
Application No. 95 -282 - 11th Annual Chili
Apl 95 -282
Cookoff, Balboa Peninsula Point Association,
Saturday, September 23, 1995 at "L" Street Park
from 7 a.m. - 4 p.m.; with request for amplified
•
sound in a residential area between the hours
of 12 Noon and 3 p.m.
Volume 4.9 - Page 407
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21. BUDGET AMENDMENTIS7
(40 )
BA -006, $17, 000 - To Ralph Andersen & Associates
to conduct EXECUTIVE SEARCH FOR CITY CLERK
POSITION, Consent Calendar Item 37 on the
August 28. 1995 agenda. (Letter from Ralph
Andersen and Associates)
BA- 007, $41,988 - Removed from the Consent
Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. Report from Assistant City Attorney regarding
Ord 95 -45
proposed ORDINANCE,
Animal Nuis
(27)
AMENDING SECTION 7.20.020 OF CHAPTER 7.20
OF THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO ANIMAL NUISANCES.
The City Attorney recommended the subject
Ordinance be introduced with the deletion of the
words "either willfully or through failure to exercise
due care control" in Section 7.20.020 - A -
Nuisances Committed by Animals. With the
recommended deletion, the revised paragraph
would read: "It shall be unlawful for the owner or
person having charge, custody or control of any
animal to permit such animal to defecate and to
allow feces to thereafter remain on any public
sidewalk, public beach or park or on any other
public property or on any private property other
than that of the owner or person who has custody
or control of the animal."
In response to question raised by Council Member
Glover, the City Attorney stated that if someone
observes a violation of the above, it is an infraction
and the Animal Control Department should be
notified.
X
Motion was made by Council Member O'Neil to
.s
introduce Ordinance No. 95 -45 as amended, and
pass to 2nd reading on September 25, 1995.
15. ALTERNATIVE FUEL DEMONSTRATION PROJECT -
Planning
Report from Planning Department recommending
(68 )
the City Manager be authorized to submit Grant
Application for AB 2766 funding for the conversion
of a portion of the City's heavy duty vehicle fleet
to alternative fuels; and authorize staff to
investigate the feasibility of establishing entitlement
for an alternative fuel refueling facility at the
southwesterly comer of Jamboree Road and
MacArthur Boulevard (Jamboree /MacArthur site).
Volume 49 - Page 408
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September 11, 1995
INDEX
Council Member Glover stated she will not be
supporting this project inasmuch as it will be very
costly, and it is not a project the City can afford to
do at this time. She stated that when a grant is
awarded and the grant money runs out the
taxpayers must pick up that funding. She felt this
was a very questionable project which is based on
the philosophy that someday there will be mini -
fleets of alternative fuel which ultimately may be
true; however, due to the current budgetary
constraints and the staff time involved, she will vote
against this proposal.
The City Manager referenced a Supplemental Staff
Report that was sent out to the Council last Friday
which highlighted several key points which he
outlined. He also stated it is unknown at this time if
the City will be successful in obtaining the subject
grant, but staff believes there will be a mandate in
the future for the City to convert portions of its
fleets to alternative fuels, i.e., natural gas,
methanol, propane, and an electric charging
facility. If it is determined that the City will be
receiving the grant, then it can decide at that time
whether or not to move forward with this project.
Motion
x
Council Member Cox made a motion to approve
the recommended action, stating this Is one step In
a series of long steps which is Intended to save the
City money rather than cost the City money.
Mayor Hedges stated he will support the motion,
but noted that any future projects the City
considers will be determined on the rise and fall of
the merits of the economy at that time, long and
short term.
Ayes
x
x
x
x
x
x
The motion was voted on and carried.
Noes
x
20. SPECIAL EVENTS APPLICATIONS:
(27 )
Application No. 95 -216 - Balboa SK Run /2K Walk for
Apl 95 -216
Clean Water, Newport Beach Fire /Marine
Department and the Surfrider Foundation, on
Saturday, October 14, 1995 from 7:30 to 10 a.m. on
the Balboa Peninsula; and request for use of
amplified sound during the event.
•
The City Manager stated that after reviewing this
Application, the Recreation Manager felt it was
more appropriate for the City to waive all fees for
City services connected with this event inasmuch
as it is identical in nature to the City- sponsored
Corona del Mar Scenic 5K Run.
Volume 49 • Page 409
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Application No. 95 -267 - World Champion of
Apl 95 -267
•
Skateboarding, Hard Rock Cafe, Fashion
Island/Transworld Publications, Sunday, October 1,
1995 from 10 a.m. - 4 p.m., at the Hard Rock
Cafe /Fashion Island parking lot; with use of
amplified sound during the event.
The City Manager stated that he had just been
notified by the Recreation Manager that originally
it was estimated there would be 4,000 participants
(observing and participating) in this event;
however, that number has increased to 10,000. As
a result, the Police Department has been advised
and there will be additional Police personnel to
handle the crowd.
Motion
x
There being no comments from the Council, motion
All Ayes
was made by Council Member Edwards to approve
the Application Nos. 95 -216 and 95 -267 as
recommended.
21. BA -007, $41,988 - To recognize a donation from
(40 )
the Friends of the Oasis totaling $32, 918; approve
a transfer of $9,070 of O.C. Transit Authority grant
revenue received in the General Fund; and
•
appropriate an additional $41,988 in the
Equipment Maintenance Internal Service Fund
regarding EQUIPMENT PURCHASES [report from
General Services Director].
The City Manager recommended that the subject
Budget Amendment be approved, but that staff
also bring back at the September 25 Council
meeting, a change in Council policy which would
allow vehicle or equipment purchases previously
approved by the Council after budget review be
exempt from a second City Council review,
provided the purchase amount does not exceed
the amount previously approved by Council and
that City Purchasing Procedures are followed. The
Administrative Services and General Services
Directors shall review and approve all equipment
bids and purchases jointly.
In response to question raised by Council Member
Glover regarding the taking home of City vehicles,
the City Manager stated this item would be on the
September 25 Council agenda.
M
x
Motion was made by Council Member Cox to
A yes
approve Budget Amendment No. 007, and that
staff bring back the proposed revised Council
Policy regarding the purchase of vehicles and
equipment as recommended.
Volume 49 - Page 410
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•
PUBLIC HEARING(S)
22. Mayor Hedges opened the public hearing
Ord 95 -38
regarding proposed ORDINANCE NO. 95 -38,
Zoning
(94)
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 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 CONTROL (PLANNING
PCA 807
COMMISSION AMENDMENT NO. 807).
Report from Planning Department.
Ken Delino, Assistant City Manager, Planning and
Building, gave a brief overview of this item noting
that it has been before the Council a number of
times over the last year and one -half, and several
years in the making. The most recent time this
issue was reviewed by the Council was in
November 1994 and again in May 1995. The major
concems were noise from leaf blowers and
heating, ventilating and air conditioning
•
equipment which hopefully are resolved as a result
of the proposed Ordinance.
In answer to question raised by Council Member
Edwards, Mr. Delino stated that the proposed
Ordinance can be amended at anytime.
Norman Rosen, 200 Poppy Avenue, addressed the
Council regarding the noise from the busses that
park in their neighborhood to drop off and pick up
the students who visit the tidepools at Corona del
Mar State Beach.
The City Attorney advised that the proposed
Ordinance deals specifically with non -
transportation noise sources and does not pertain
to noises generated by motor vehicles.
The City Manager reported that he had discussed
this issue with Mr. Rosen and others, and as a result,
staff has attempted to move the bus stop location
and revise the program. He was unaware that
there was any problem at this time, and stated he
will meet with Mr. Rosen and the Fire and Marine
•
staff again in hopes of resolving this issue.
Volume 49 - Page 411
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Judy Rosen, 200 Floppy Avenue, also addressed
Zoning /Noise
•
the Council and cited Section 10.26.035,
Element
Exemptions to the Noise Ordinance, which states in
part that "without limitation, sporting and
recreational activities which are sponsored or co-
sponsored by the City of Newport Beach or the
Newport Mesa Unified School Distract." She felt the
City does co- sponsor the tidepool program, but is
exempting itself from the Noise Ordinance, and this
"frightens her." She stated that many of the
properties in the area have been for -sale for a
long period of time because of this nuisance, and
that said nuisance is also devaluating the
properties. She suggested as a solution to this
problem, that the students be bussed to Crystal
Cove State Beach where the busses can park free
and the program will be safer for the students as
well.
Dickson Shaffer, 232 Evening Canyon Road,
addressed the Council regarding noise created by
air conditioning and other HVAC equipment that is
allowed to be placed and operated in narrow side
yards. He commended the City Council for its
efforts to adopt a Noise Ordinance which would
•
replace the April 1981 Noise Ordinance. The
proposed regulations will be slightly more
protective of noise impacted neighbors, and their
property rights than is the existing code; however it
will be less protective than ordinances enacted in
recent years by various southern California coastal
cities which have similar high density residential
noise problems. He urged the Council to adopt
the proposed Ordinance, but stated that hopefully
at a later date the document will be amended to
address equivalent noise level measurement as he
felt the property line is the most reasonable and
simple place to take: such a measurement.
Hearing no one else wishing to address the
Council, the public hearing was closed.
Motion
x
Motion was made by Mayor Pro Tem Debay to
All Ayes
adopt Ordinance No. 95 -38.
Mayor Hedges requested that staff bring back on
September 25, an amendment to the proposed
Ordinance which addresses those residential
properties immediately adjacent to commercial
•
areas with a view to considering them under the
mixed -use provision of the Ordinance. He also
requested the staff address any special problems
which may arise as a result of those institutions
providing emergency or vital public services to the
community.
Volume 49 - Page 412
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September 11, 1995
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Council Member Watt requested staff report back
as soon as possible on the noise created by the
tidepool program.
23. Mayor Hedges opened the public hearing
Ord 95 -39
regarding proposed ORDINANCE NO. 95 -39,
Zoning
(94)
AMENDING TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE TO REINSTATE NOTICE AND
APPEAL PROCEDURES FOR SPECIALTY FOOD
SERVICE APPLICATIONS (PLANNING
PCA 829
COMMISSION AMENDMENT NO. 829).
Report from Planning Department.
Assistant City Manager Delino stated this item was
initiated by the City Council in response to some
complaints, particularly on Balboa Island,
regarding lack of notice or appeal regarding
specialty food ordinances, and as a result, the
proposed Ordinance contains language which
provides for a special procedure to allow property
owners within 100 feet of specialty food
establishments to appeal that establishment to the
•
Modifications Committee.
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made by Council Member Edwards to
adopt Ordinance No. 95 -39.
Council Member Edwards stated that the subject
Ordinance "is not perfect and he will continue to
work with the Planning Commission on this item."
All Ayes
The motion was voted on and carried.
24. Mayor Hedges opened the public hearing
Ord 95 -42
regarding proposed ORDINANCE NO. 95 -42,
CIOSA
Dev Agm No. 6
ADOPTING FIRST AMENDMENT TO THE
C -2920
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
(38)
NEWPORT BEACH AND THE IRVINE COMPANY,
INC., WITH RESPECT TO THE CIRCULATION
IMPROVEMENT AND OPEN SPACE AGREEMENT
(CIOSA) (DEVELOPMENT AGREEMENT NO.6);
•
AND
Volume 4.9 - Page 413
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Proposed ORDINANCE NO. 95 -43,
Ord 95 -43
•
Fletcher Jone
ADOPTING A DEVELOPMENT AGREEMENT
Motorcars
BETWEEN THE CITY OF NEWPORT BEACH AND
Dev Agm No. 9
FLETCHER JONES MOTORCARS, INC., WITH
C -3067
RESPECT TO THE FLETCHER JONES MOTORCARS -
(38)
MERCEDES BENZ DEALERSHIP PROJECT
(DEVELOPMENT AGREEMENT NO. 9).
Report from Planning Department.
City Manager Kevin Murphy gave a brief overview
of this item noting that in 1994, the City became
aware that Fletcher Jones Motorcars was
considering relocation to a site in the City of Irvine.
After discussions with Ted Jones, the City and the
applicant decided to pursue entitlement to allow
for construction of a new automobile dealership
on the San Diego Creek North site in the City of
Newport Beach. As part of the agreement
between the applicant and the City, a sharing of
entitlement and development costs was agreed to
in a Memorandum of Understanding executed on
March 10, 1995. That agreement provided for the
City to offset certain development costs which
•
were extraordinary, due to the highly constrained
nature of the proposed development site.
Mr. Murphy summarized some of the key
components in the Development Agreement as
follows:
I) The City will make its best effort to acquire
three parcels of land located at 3300 Jamboree
Road which are currently owned by The Irvine
Company, the Transportation Corridor Agency
and Caltrans.
2) The City is also going to make its best efforts to
obtain all non -City permits in cooperation with
Fletcher Jones.
3) The City committed to the preparation of the
Environmental Impact Report and will split those
costs on an appropriate basis with Fletcher
Jones.
4) The City has committed to the construction of
the Bayview Drive extension 600 feet east of
•
Jamboree Road at an estimated cost of
$400,000 and Fletcher Jones has agreed to
reimburse the City $80,000 for the next five years
to pay for those costs.
Volume 49 - Page 414
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5) The City has agreed to convey The Irvine
Fletcher Jone
•
Company parcel to Fletcher Jones at no cost, to
convey the Caltrans parcel to Fletcher Jones at
a cost equal to the purchase price paid by the
City to Caltrans, and to lease the Transportation
Corridor Agency parcel to Fletcher Jones for $1.00
per year.
Mr. Murphy pointed out that Fletcher Jones will be
developing on a site which contains a wetlands,
habitat of the California Gnatcatcher, two major
water lines which traverse through the middle of
the property, a major overhead electric
transmission line which needs to be relocated, and
will incur extraordinary costs to bring utilities to this
site.
6) The City has also committed to promptly
process all City permits and agreed to basically
split the cost of the entitlement process 50-50.
The developer has agreed to pay for all costs to
construct the new dealership, and to prepare all
the plans and specifications for the project.
7) If there is any future sale of the site within 20
•
years, the City and Fletcher Jones would split any
net profit after all the development costs have
been considered. Under the terms of the
Development Agreement, the project must
generate 80 million dollars per year for the first
five years or the developer agrees to reimburse
the City's portions of its costs to put this project
together. The Agreement also contains a
provision whereby the property would revert to
the City if Fletcher Jones fails to operate as a car
dealership or another permitted use on the site in
the future.
Hearing no one wishing to address the Council, the
public hearing was closed.
Motion
x
Motion was made by Council Member Edwards to
All Ayes
adopt /approve the following:
1) Resolution No. 95 -102, certifying Elk No. 155;
Res 95 -102
2) Resolution No. 95 -103, approving General Plan
Res 95 -103
Amendment No. 95 -1(D);
•
3) Resolution No. 95 -104, approving local Coastal
Res 95 -104
Program Amendment No. 39;
4) Resolution No. 95.105, approving Planning
Res 95 -105
Commission Amendment No. 823:
Volume 49 - Page 415
CITY OF NEWPORT BEACH
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5) Sustain the Action of the Planning Commission
U/P 3565/TfC
•
for Traffic Study No. 108 and Use Permit No. 3565;
Stdy 108
6) Ordinance No. 95 -42, approving the First
Ord 95 -42
Amendment to Development Agreement No. 6 -
CIOSA and
7) Ordinance No. 95 -43, approving Development
Ord 95 -43
Agreement No. 9 - Fletcher Jones Motorcars.
25. Mayor Hedges opened the continued Public
Balboa Trnsp
hearing regarding request of BALBOA TRANSPORT,
(27 )
5432 Mildred Circle. Cypress, for CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY to operate
taxi in Newport beach.
Report from Revenue Manager, Administrative
Services /Finance Department.
The City Manager advised that the electric vehicle
in question had not properly complied with
requirements of the Vehicle Code, and therefore, it
is recommended this item be continued to
September 25.
•
Roger Michael, Applicant, Balboa Transport,
addressed the Council and referenced letters he
had received from 40 business owners and 23
residents on Balboa Island who were in support of
his idea to provide transportation between the
Marine Avenue business district and the ferry
landing at Agate Street and charge $1 each way.
He also proposes to park the vehicle in the loading
zones on Agate at South Bayfront, and Marine and
Park Avenues to await patronage, as well as
load /unload passengers.
Motion
x
Council Member Watt indicated she felt the
Council should not act on this item until the
concerns of the Police and Traffic Departments
regarding parking, interruption of traffic, etc., have
been addressed. She also stated she would not be
at the Council meeting on September 25, and
therefore, moved to continue this matter to
October 9.
Mr. Michael responded that he has been waiting
six weeks to get approval of his request, that he
has purchased the required insurance, and
•
because of financial reasons, he would hope it
would not be delayed beyond September 25.
Dan Stringer, Balboa Island resident, addressed the
Council and stated he was not opposed to Mr.
Michael's idea, but he would urge the Council to
not rush into approving his request without giving it
serious consideration.
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September 11, 1995
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The motion made by Council Member Watt was
voted on and carried.
PUBLIC COMMENTS
Jan Vandersloot, 2221 E. 16th Street, addressed the
Council and submitted a copy of a letter dated
September 10, 1995 to the Coastal Commission
regarding the proposed residential development
on the Castaways site, requesting they follow their
staff's recommendation and approve the
proposed project, with special conditions to
require redesign of the project to eliminate
wetlands impacts. The redesign would mean that
9 or 10 parking spaces be found elsewhere on the
site so that a parking lot extension would not be
built into a ravine which contains 19 willow trees
among assorted other trees. The redesign would
also mean that a 15 -foot tall retaining wall would
not be built into the wetlands. He also cited four
alternatives for the parking spaces as enumerated
in his letter. He felt the proposed project does
great damage to the ravine and the wetlands, as
well as to the Coastal Act and jeopardizes
wetlands throughout coastal California. He stated
he also included with his letter to the Coastal
Commission, letters from the Newport
Conservancy, SPON, and Council Member Jean
Watt, all in support of relocating the 10 parking
spaces to eliminate wetland impacts.
ORDINANCE(S) FOR ADOPTION
26. Proposed ORDINANCE NO. 95 -40,
Ord 95 -4
Tfc /Pedi
AMENDING SECTION 12.56.010 AND ADDING
Surrey C
SECTION 12.56.150 TO CHAPTER 12.56 OF THE
(8 5 )
NEWPORT BEACH MUNICIPAL CODE PERTAINING
TO THE OPERATION AND USE OF SURREY CYCLES
AND PEDICABS.
Recycled report dated August 21, 1995 from
Assistant City Attorney.
The City Manager stated that the proposed
amendment will define the terms "surrey cycle"
and "pedicab" and place the prohibition in a
separate section of the Municipal Code. The
amendment will also require businesses that rent
surrey cycles or pedicabs to inform renters where
the surrey cycles or pedicabs are prohibited. The
rental companies must also post the surrey cycles
and pedicabs with the restrictions. In addition, any
person who operates a surrey cycle or pedicab
rental service, shall fix a flag to it of international
orange or similar color to increase its visibility.
Volume 49 - Page 417
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cabs
ycles
CITY OF NEWPORT BEACH
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Hearing no comments, motion was made by
A yes
Council Member O'Neil to adopt Ordinance No.
95 -40.
27. Proposed ORDINANCE NO. 95.41,
Ord 95 -41
Animals on
AMENDING SECTION 7.04.030 OF THE NEWPORT
Beaches
BEACH MUNICIPAL CODE PERTAINING TO
(62)
ANIMALS PROHIBITED ON THE BEACHES.
Recycled report from Community Services Director.
The City Clerk advised that after the agenda was
printed, a letter was received from Robert C. Bums,
urging the Council to prohibit dogs on the
beaches.
The City Manager noted that the proposed
Ordinance would prohibit dogs on any. ocean
front beach, ocean front sidewalk, bay front
beach, or bay front sidewalk between the hours of
9:00 a.m. and 5:00 p.m.
n
x
Motion was made by Council Member O'Nell to
AM yes
adopt Ordinance No. 95 -41.
CURRENT BUSINESS
c
28. Report from Planning Department conceming
Planning /LCP
STATUS ON LCP CERTIFICATION.
(6 B )
Ken Delino, Assistant City Manager, Planning and
Building, noted that in 1993, the Planning
Department commenced an effort to complete
the certification of the City's Local Coastal
Program. Staff developed a work program and
reviewed the task list with the staff of the Coastal
Commission. The work program was then reviewed
with the City Council at their study session on
October 25. 1993. As indicated in the report, there
are several major obstacles to completion of the
certification program. The most significant are:
1. Loss of the categorical exclusion for single
family dwelling and duplexes. Coastal staff had
initially indicated that many areas in the City's
current categorical exclusion areas would no
longer qualify, and would, therefore, be subject
•
to the new Coastal Development Permit hearing
procedures.
2. Coastal Access requirements to private
beaches and City lease -holds (Lido Island
beaches, Marina Park and the American Legion
Hall which come up for renewal in the year
2000).
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September 11, 1995
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Mayor Pro Tern Debay stated it is anticipated this
LCP
•
project will become active after the processing of
the Old Newport Boulevard Specific Area Plan and
the adoption of the revised Zoning Ordinance,
and questioned how long that time frame will be,
to which Patricia Temple, Planning Manager,
estimated it would be four to six months before
starting the project, plus 12 to 18 months
preparation time.
Ms. Temple advised that originally Hoag Hospital
was considering applying for a segmented LCP
certification for the hospital master plan, and in so
doing, they could sustain the cost of preparing the
Administrative Procedures which is a very time
consuming part of the effort, however, they have
now notified the City that they do not intend to
pursue this in the foreseeable time frame.
Mayor Pro Tern Deboy requested the subject report
be forwarded to the Economic Development
Committee.
Council Member Glover stated she was aware that
this project is a long and tedious process because
•
of so many components: that everyone must be
patient and understanding, and that she does not
know of a way to speed it up. She also noted that
the cities of Huntington Beach and Laguna Beach
have completed their certification.
Ms. Temple advised that the County has not
certified in several of their segments, and it is
estimated that State -wide, only about 409o' of the
cities have certified.
There being no objections, Mayor Hedges
instructed the staff to move forward with the
project.
SUPPLEMENTAL AGENDA ITEM
29. Verbal report regarding IRVINE RANCH WATER
IRWD WetlandE
DISTRICT WETLANDS WATER SUPPLY PROJECT and
Wtr Sply Prj
related Environmental Document as requested by
Council Member Glover.
Mayor Hedges announced that on Monday,
September 18 at 7:00 p.m., the Irvine Ranch Water
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District will be conducting an informational
meeting in the City Council Chambers to discuss
the San Joaquin Marsh and Wetlands Water
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Supply Demonstration Projects and their impacts
IRWD Wetlands
•
on Newport Bay. He stated this meeting is being
Wtr Sply Prj
held at the request of the City Council to allow
citizens and interested persons to obtain
information regarding the proposed Irvine Ranch
Water District projects. He also stated that notices
are being sent to all homeowner associations as
well as the media.
Council Member Glover stated the reason she
requested this itern be put on this agenda is
because the Irvine Ranch Water District will be
hearing public responses to their EIR on September
25, and therefore, she thought it might be prudent
to hold a special Council meeting prior to their
meeting to discuss and vote on the City's
responses to that EIR.
Council Member Glover noted that as a result of
Council action on August 28, a letter was
authorized to be sent to the IRWD regarding this
issue which she voted on reluctantly because she
does not think the City should be excluded from
the process. She stated she is willing to listen to the
information that will be presented by IRWD on
•
September 18, however, she personally is very
opposed to this project as she does not think it is in
the best interest of the City.
Council Member Watt stated she too has some
concerns, and has been following this project very
closely. She indicated the Council should look at
this project objectively and listen to all the
information inasmuch as it is a project relatively
new in terms of dealing with waste water and
methods of getting rid of waste water in a
somewhat productive manner. She felt the
objective for Newport Bay is to improve it in
appearance, physical quality, and public
perception. If the project has the potential to
diminish any of the three objectives she
mentioned, or if the City does not know whether it
will, then the Council should continue to
disapprove it and leave the burden of proof on
the project that it will achieve all of the City's
objectives. She stated she would be in support of
making the September 18 informational meeting a
special Council meeting so that it would be more
•
in the Council's "lap" as to discussion.
Mayor Pro Tern Deboy stated that the Utilities
Committee as well as the Harbor Quality
Committee, both of which are Chaired by Council
Member Watt, have received some information on
this project, but not the needed information in
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order to adequately respond. She stated she has
IRWD Wetlands
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received telephone calls and letters which
Wtr Sply Prj
indicate it is the perception of the public that
sewage is going to be dumped into the bay, and
therefore, she is very appreciative of the
September 18 informational meeting in order to
clear up this misconception.
Jim Hyde, Irvine Ranch Water District, stated it is
their hope the EIR will be certified by the Irvine
Ranch Water District Board on September 25. The
draft EIR has been circulated, the comment period
has been closed, and they are preparing their
response to comments at this time. They will
accept public testimony at that meeting up to the
time the vote is taken to certify the EIR.
Mayor Hedges pointed out that this project is
being proposed by the IRWD and will require a
permit from the California Regional Water Control
Board. Approximately one month ago, the City of
Newport Beach made comments to the EIR
relative to the City's position, i.e., no harm to the
Bay, no nitrate increase, no cost to the City, etc.
Mayor Hedges emphasized that the City Council
•
has absolutely no decision - making authority
relative to this project, and that persons wishing to
express their concerns should address the
representatives of the IRWD at the informational
meeting on September 18.
The following persons addressed the Council in
opposition to IRWD's proposed project:
Bob Caustin, 58 Beacon Bay (submitted a copy
of a letter from law offices of Jacobson, Runes
and Bordy)
Susan Skinner, 2421 E. 16th Street
Catherine Walcott, 120 36th Street,
Long Pham,1529 W. Balboa Boulevard
Roy Van Orden, President, Newport Island Inc.
John Shafer, 4208 -1/2 River Avenue
Some of the comments made by the opposing
speakers were: if the project goes forward,
prospective purchaser's of property will have to be
told of the plan to expel treated sewage effluent
into Newport Bay; there is already tertiary- treated
•
water being dumped into the Bay; there is a moral
issue involved here and the more people that
oppose the project, the better chance it has of not
going through; this project could harm public
health for those who swim in the Bay; treated water
is not always "disease" free; the water in the Bay
has
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gotten worse over the year, not better, any
IRWD Wetlands
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changes into the Bay should be beneficial; the
Wtr Sply Prj
primary responsibility of the City Council as well as
the EPA is to protect the interests of the residents in
the City; the letter sent by the City to IRWD should
be rescinded; the City Council should never have
supported a project that allows sewage (treated or
untreated) into the Bay; there has not been
adequate time for public input on this matter
there should not be any experimentation in the
Bay as the down -size risks are too great.
Troy Kelly, representing State Department of Fish
and Game, and Area Manager for Upper Newport
Bay Ecological Reserve, addressed the Council
and submitted a letter containing their comments
to the draft EIR for this project. He stated he will be
In attendance on September 18 for questions.
Peer Swan, President, IRWD, addressed the Council
and stated he would hope that the concerns
expressed by the opposing speakers would again
be given at the September 18 meeting as there will
be representatives from IRWD available to answer
their questions and hopefully put their concerns to
•
rest. He stated that reclaimed water is clear, that
IRWD would never propose a project that would
cause any harm or danger to anyone in the City of
Newport Beach, and that the City has his absolute
assurances on that," and further, he is looking
forward to next week when he can bring this
project into perspective.
Motion
x
Council Member Glover stated that over the years,
the residents and users of Newport Bay have
improved it, protected it, and preserved it, and
even though the City cannot stop this project, the
City must "monitor" it for these reasons. Therefore,
she moved that the Informational meeting on
September 18 be a special City Council meeting In
order that the Council can take some type of
action on this project.
Council Member Edwards asked if the meeting on
the 18th were a special Council meeting, what type
of input would be given to the Council by City staff
prior to that date, and questioned whether it
would be sufficient to warrant action and /or take
•
a position.
In response to the above, Council Member Watt
indicated she felt that prior to September 18, the
Council would have in their possession, letters from
other outside agencies which would provide some
input and could be helpful. She also pointed out
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that the Council has not taken a very in -depth
IRWD Wetlands
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position on the EIR, but then again, maybe the
Wtr Sply Prj
Council would prefer not to go further in this
regard.
Council Member O'Neil stated that Council
Member Watt has been involved in environmental
and Bay related issues for many years, and
because of her and Council Member Glover's
concerns over this project, he would recommend
that the original letter sent to IRWD be rescinded;
thereafter the Utilities Committee can meet and
reconsider the issue and then forward those
comments to the IF'WD.
Mayor Pro Tern Debay asked that staff provide the
Council with copies of letters and reports received
from outside agencies on this project prior to the
September 18 meeting. She also asked if there are
any recent reports on recent testing of the water in
the Bay. She further stated that the comment
made by one of the earlier speakers indicating
that the City's Groundwater project will be
bringing sewer water down into our drinking water
taps is totally inaccurate, and she resents that type
•
of false statement.
Council Member Cox stated he is not prepared to
vote on anything tonight relative to this subject,
and if he is forced to vote, he is voting "no." He
stated he felt this has been a one -sided
presentation by individuals in opposition to IRWD's
project; the Council was not provided with a staff
report prior to this meeting; the issue of waste
water is an extremely tough problem as nobody
wants it in its backyard and no one wants to pay
for it; unfortunately it all runs down stream. There
has been no discussion of what kind of cost is
involved in this project; the Council is "way out on
a limb" trying to make a decision or send a signal
of any kind that says this project is right or wrong
based on different emotional appeals.
Discussion ensued wherein the City Attorney stated
that it is his understanding that the IRWD hearing
on September 18 is an effort on their part to explain
their side of the issue, why they feel the EIR is
adequate, and deal with questions posed. He
•
indicated it would be his recommendation that the
Council delegate to the Utilities Committee the
responsibility for submitting the City's position and
any response, to the EIR, after staff has taken a
look at the document, and after IRWD has offered
its input on September 18.
Volume 49 - Page 423
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September 11, 1995
x
In view of the foregoing, Mayor Hedges mad
substitute motion to not schedule a special Cot
meeting on September 18; to appoint Cot
Member Glover to fake his place at the Uttl
Committee meeting on Wednesday, Septembe
and to request said Committee to prel
recommended action regarding the IRWD pro
following that meeting.
Council Member Watt stated she supports
idea of having the Utilities Committee n
following the IRWD informational meeting
September 18, but will vote against the substi
motion because she felt the informational mee
should have been a special Council mee
because of its importance.
x
x
x
x
x
x
The substitute motion was voted on and carried.
x
Meeting adjourned at 9:10 p.m., in memory of for
Mayor and 12-year City Council Member Donald Strc
who passed away on August 30, 1995.
The agenda for this meeting was posted on Septemb
199S of 4:15 p.m., and the Supplemental Agenda
posted on September 8, 1995 of 4:30 p.m., on the City
Bulletin Board located outside of the City of New
Beach Administration Building.
Mayor
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RWD Wetlands
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