HomeMy WebLinkAbout08/08/1988 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEM13ERS
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MINUTES
REGULAR COUNCIL MEETING
PLACE: Council Chambers
TIME: 7:30 P.M.
DATE: August 8, 1988
A. ROLL CALL.
B. Reading of Minutes of Meeting of
July 25, 1988, was waived, approved as
written, and ordered filed.
C. Reading in full of all ordinances and
resolutions under consideration was
waived, and City Clerk was directed to
read by titles only.
D. HEARINGS:
1. Mayor Cox opened the continued public
hearing pursuant to Newport Beach
Munincipal Code Section 5.13.140 to
consider adoption of a resolution
approving :rate increase for:
Newport Center Towing
16372 Construction Circle, East
Irvine, CA 92714
Report from Business License Supervisor,
was presented.
The City Manager summarized the staff
report, and discussed tow truck rate
comparisons, as outlined in a
supplemental report dated August, 1988.
Hearing no one wishing to address the
Council, the public hearing was closed.
Motion was made to adopt Resolution
No. 88 -81 approving rate increase for
subject towing company.
2. Mayor Cox opened the continued public
hearing regarding consideration of
Certificates of Convenience and
Necessity, pursuant to Newport Beach
Municipal Code Section 5.13.060,
regarding three towing companies.
Reports from Business License
Supervisor, were presented.
It was recommended that the City Council
continue public hearing to August 22,
1988 for the following two towing
companies, inasmuch as additional
information is still needed in order to
process their applications in accordance
with the Municipal Code:
California Towing
2202 Blest 5th Street
Santa Ana; and
Volume 42 - Page 294
Towing /PD
(70)
88 -81
Towing /PD
(70)
COUNCIL MEMBERS
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August 8, 1
Pacific Coast Towing
2209 Lyons
Santa Ana
The City Council considered the
application of Medlin's Towing, 13642
Milton Way, Westminster, wherein it was
pointed out that on July 19, the
applicant was requested to provide a
financial statement, prepared by a
certified public accountant, showing the
financial status of the applicant for
the past two years, but was advised that
the applicant was unwilling to submit
said statement to the City.
In view of the foregoing, it was
recommended the application of Medlin's
Towing be denied.
Hearing no one wishing to address the
Council, motion was made to continue the
public hearing to August 22, 1988 for
California Towing and Pacific Coast
Towing; and to close the public hearing
regarding the application of Medlin's
Towing and deny said application, as
recommended.
3. Mayor Cox opened the continued Public
hearing regarding proposed ORDINANCE N0.
88 -28, being
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 20.84 (AMENDMENTS) OF THE
MUNICIPAL CODE PERTAINING TO THE
DISTRIBUTION OF PUBLIC NOTICES FOR
PROPOSED AMENDMENTS TO TITLE 20 OF
THE MUNICIPAL CODE (Planning
Commission Amendment No. 666),
presented for second reading and
adoption, with report from the Planning
Department:.
It was noted that the proposed amendment
was reviewed at the City Council meeting
of July 25, 1988, at which time it was
requested that a change be made to
Section 20.84.030B to require, "in all
cases notice shall be given by mail to
the owner of the property that is the
subject of the proposed amendment." The
proposed ordinance was subsequently
reintroduced and the public hearing was
continued to this date.
Hearing no one wishing to address the
Council, the public hearing was closed.
Volume 42 - Page 295
Ord 88 -28
Zoning
Public
Notices
(94)
PCA 666
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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August 8, 1988
Motion
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Motion was made to adopt Ordinance No.
88 -28.
MINUTES
4. Mayor Cox opened the public hearing and
City Council review regarding USE PERMIT
NO. 3315, a request of JERRY ADAMS,
Newport Beach, approved by the Planning
Commission on July 7, 1988, to permit
the construction of two residential
dwelling units which exceed the basic
height limit in the 26/35 Foot Height
Limitation District on property located
at 508 - 29th Street, in the "Retail
Service Commercial Area" of the Cannery
Village /McFadden Square Specific Plan
Area. The proposal also includes a
modification to the Zoning Code so as to
allow the second and third floor
portions of the building to encroach
five feet into a required ten foot rear
yard setback adjacent to an alley; and
to allow the use of a compact parking
space for a portion of the required
off- street parking.
Report from the Planning Department, was
presented.
The City Manager summarized the staff
report, noting that the request is the
addition of a duplex on the rear portion
of the subject property. He stated that
the front portion of the property is a
commercial use, and the proposed
development is consistent with the
General Plan and the adopted Local
Coastal Program, Land Use Plan, and is
compatible with surrounding land uses.
Bill Schock, owner of 504 29th Street,
adjacent to the subject property,
addressed the Council in opposition to
the request. He stated that he operates
an outboard engine repair shop on his
property and felt that the noise and
smell generated from the engines would
disturb and offend the tenants next
door. He also felt that multiple - family
residential use was not appropriate in
Cannery Village.
In response to Mr. Shock's comments,
Council Member Turner noted that the
recently adopted Specific Area Plan for
Cannery Village encourages residential
use in this area.
James McCulloch, owner of property
across the alley from the proposed
development, addressed the Council in
opposition to the request, stating he
Volume 42 - Page 296
U/P 3315
(88)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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August 8, 1988
Motion
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felt the proposed neighboring tenants
will eventually be complaining about the
industrial /commercial usage in the area.
Nancy Adams, wife of applicant, 505 29th
Street, addressed the Council and stated
that they reside across the street from
the subject property, and do not feel
living in a mixed use area is a problem.
She stated. they enjoy the restaurants,
retail shops, etc., which the Cannery
Village offers, and they hope their
tenants would feel the same.
Discussion. ensued, wherein the Planning
Director noted that the proposed
structure was originally three (3) feet
higher than what is now being requested
by the applicant.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Strauss expressed his
concerns regarding the proposed
development, indicating that if the use
permit is approved, it could set an
undesireable precedent for future
requests, and in view of this
possibility, he moved to deny Use Permit
No. 3315, based on the Findings for
Denial designated as Exhibit "B" of the
staff report.
Council Member Turner spoke against the
subject motion, pointing out that the
Specific Area Plan was designed to
encourage the type of use as is being
requested, and the purpose of the
conditional use permit procedure to go
above the 26/35 height limit was
designed for cases like the one under
consideration. He stated that inasmuch
as the request is consistent with
established procedures, and the General
Plan, as well as the Specific Area Plan,
he cannot support the motion.
The motion was voted on and FAILED.
In view of the foregoing, motion was
made to sustain the decision of the
Planning Commission, and approve Use
Permit No. 3315.
5. Mayor Cox opened the public hearing
confirming the report of the Fire Chief
concerning the cost of abatement of
weeds and other nuisances.
Volume 42 - Page 297
/P 3315
Weed Abatmt/
Fire
(41)
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felt the proposed neighboring tenants
will eventually be complaining about the
industrial /commercial usage in the area.
Nancy Adams, wife of applicant, 505 29th
Street, addressed the Council and stated
that they reside across the street from
the subject property, and do not feel
living in a mixed use area is a problem.
She stated. they enjoy the restaurants,
retail shops, etc., which the Cannery
Village offers, and they hope their
tenants would feel the same.
Discussion. ensued, wherein the Planning
Director noted that the proposed
structure was originally three (3) feet
higher than what is now being requested
by the applicant.
Hearing no others wishing to address the
Council, the public hearing was closed.
Council Member Strauss expressed his
concerns regarding the proposed
development, indicating that if the use
permit is approved, it could set an
undesireable precedent for future
requests, and in view of this
possibility, he moved to deny Use Permit
No. 3315, based on the Findings for
Denial designated as Exhibit "B" of the
staff report.
Council Member Turner spoke against the
subject motion, pointing out that the
Specific Area Plan was designed to
encourage the type of use as is being
requested, and the purpose of the
conditional use permit procedure to go
above the 26/35 height limit was
designed for cases like the one under
consideration. He stated that inasmuch
as the request is consistent with
established procedures, and the General
Plan, as well as the Specific Area Plan,
he cannot support the motion.
The motion was voted on and FAILED.
In view of the foregoing, motion was
made to sustain the decision of the
Planning Commission, and approve Use
Permit No. 3315.
5. Mayor Cox opened the public hearing
confirming the report of the Fire Chief
concerning the cost of abatement of
weeds and other nuisances.
Volume 42 - Page 297
/P 3315
Weed Abatmt/
Fire
(41)
COUNCIL MEMBERS
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Motion
All Ayes
Motion
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CITY OF NEWPORT BEACH
MINUTES
August 8, 1988
Report from Fire Chief, was presented.
Hearing no one wishing to address the
Council, the public hearing was closed.
Council Member Sansone requested that in
the future, the staff report include
street addresses of the vacant lots to
be cleaned, as well as information
relative to how many times the lot has
been cleaned in past years.
Motion was made to adopt Resolution No.
88 -82 confirming the report of the Fire
Chief, dated August 8, 1988, concerning
the cost of the abatement of weeds and
other nuisances, and requesting the
Auditor - Controller of Orange County to
enter the amount of each assessment
referred to in said report on the County
Tax Roll.
E. PUBLIC COMMENTS:
None.
F. CONSENT CALENDAR:
The following actions were taken as
indicated, except for those items removed.
1. ORDINANCES FOR INTRODUCTION - Pass to
second reading on August 22, 1988:
(a) Removed from the Consent Calendar.
2. RESOLUTIONS FOR ADOPTION:
None.
3. CONTRACTS /AGREEMENTS:
None.
4. COMMUNICATIONS - For referral as
indicated:
Res 88 -82
(a)
To Police Department for response,
PD
letter of complaint from Peter J.
(70)
Carol.an, Garden Grove, regarding
alleged police harassment on April
11, 1.988.
(b)
Removed from the Consent Calendar.
(c)
To staff for reply, letter from
PD /Animal
Earl V. Nellesen concerning City
Control
signs; being 'vague" when dealing
(70)
with dogs on the beach.
Volume 42 - Page 298
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CITY OF NEWPORT BEACH
MINUTES
August 8, 1988
(d) To Traffic Affairs Committee for TAC
response, letter regarding Seaview (85)
Community Association's request for
four -way stop sign on San Miguel
Drive at Yacht Coquette and Port
Sutton entrance.
(e) To City Clerk for inclusion in the
records, letter of thanks from the
local chapter of the National Group
of Concerned Women for America,
regarding the manner of display of
sexually explicit material in
newsracks in Newport Beach.
(f) To Police Department for inclusion
in the records, letter from Mr. and
Mrs. Carstensen commending Police
Officer Sergeant Thomas for his
assistance on July 4th, when their
car stalled on Placentia Avenue at
Hospital Road, at approximately
11:30 p.m.
(g) To Executive Assistant to the City
Manager for response, letter from
John W. Reeder, Jr., suggesting
that a pattern be established to
have plane takeoffs from a
cross-section with alternating
times to give some relief to those
residents who are subjected to
airport noise.
Bus Lie/
Newsracks
(27)
PD
(70)
O/C-John
Wayne Arprt
(54)
(h) To Planning for inclusion in the Planning
records, suggestions from Lars de (68)
Jounge regarding resubdivision in
Old Corona del Mar; ground level
encroachments; elder care homes;
and change of Building Code.
5. COMMUNICATIONS - For referral to the
City Clerk for inclusion in the records:
None.
6. CLAIMS FOR DAMAGES - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
(a) Peter J. Carolan alleging police
harassment, mental distress, loss
of income, etc., sustained on April
11, 1988 at 28th Street and Ocean
Front.
Volume 42 - Page 299
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS
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August 8, 1988
MINUTES
(b) Michael Sean Dempsey for personal
injuries as a result of claimant,
while riding a bicycle, colliding
with taxicab driver exiting a
private driveway on east Coast
Highway, east of Bayside Drive, on
March 2, 1988, alleging obstruction
made it difficult for cab driver to
see claimant in time to prevent
accident.
(c) Application to present late claim of
Randall H. Johnson alleging
physical abuse by City Police
Department at Hemingways Restaurant
on December 23, 1987.
(d) Jonabette Markovich for property
damage as a result of being hit by
car rear -ended by City Refuse Truck
on Jamboree Road on June 27, 1988.
(e) Wayne B. Orlin alleging police
officer damaged door of residence
when pursuing complaint of noise at
2141 E. Ocean Front on July 16,
1988.
(f) Michael E. Rausch alleging City
improperly installed, maintained
center divider and that street
construction was without adequate
lighting on Irvine Avenue on
January 23, 1988, and as a result,
he was hit head -on by vehicle which
had crossed center divider.
(g) Gregory Remsen, passenger in
vehicle which was hit head -on by
on- coming vehicle that had crossed
center divider on Irvine Avenue on
January 23, 1988; alleging City
improperly installed, maintained
center divider and street
construction without adequate
lighting.
(h) Jeffrey J. Troegner alleging tire
damage to vehicle on June 12, 1988
on 40th Street, was the result of
broken sign in sand.
7. SUMMONS AND COMPLAINTS - For denial and
confirmation of the City Clerk's
referral to the claims adjuster:
None.
Volume 42 - Page 300
Dempsey
(36)
COUNCIL MEME
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CITY OF NEWPORT BEACH
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August 8, 1988
8. REQUEST TO APPROVE /FILL PERSONNEL
VACANCIES: (Report from the City
Manager)
(a) One Groundsworker II, Parks
Division.
(b) One Utilities Specialist II,
Wastewater Division.
9. STAFF AND COMMISSION REPORTS -
For Council information and approval:
(a) Report from the Planning Department
regarding the ANNUAL RENTAL VACANCY
RATE SURVEY.
For Council information and filing:
(66)
Planning
(68)
(b) Report to the City Manager regarding IPlanning
ACTIONS TAKEN BY THE PLANNING Cmsn
COMMISSION ON JULY 21, 1988. (68)
(Attached)
10. PUBLIC HEARING SCHEDULING:
None.
11. USE PERMIT NO. 1527(A), EDWARDS THEATRE
- Approve a Use Permit Agreement .
guaranteeing completion of the public
improvements required with Use Permit
No. 1527; (300 Newport Center Drive, on the
southeasterly corner of Newport Center
Drive East and San Miguel Drive and a
portion of Design Plaza at the
northwesterly corner of Avocado Avenue and
Farallon Drive in Newport Center) and
authorize the Mayor and City Clerk to
execute subject agreement. (Report from
Public Works Department)
12. TRACT NO. 7817 - Accept the public
improvements constructed in conjunction
with Tract No. 7817; (Newport Crest
Development on the westerly side of
Superior Avenue, north of West Coast
Highway and at the southerly end of
Monrovia Avenue); authorize the City
Clerk to release the Faithful
Performance Bond (Bond No. 2036267)
providing for completion of public
improvements and the extension of
Ticonderoga Street; and release the
Faithful Performance Bond (Bond No.
2036267) providing for completion of
public improvements and the relocation
of existing sewer and storm drain
facilities located between Tract No.
Volume 42 - Page 301
U/P 1527(A)
(88)
Tract 7817
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
August 8, 1988
7817 and West Coast Highway. (Report I
from Public Works Department)
13. TRACT NO. 7852 - Accept the public Tract 7852
improvements constructed in conjunction
with Tract No. 7852; (westerly side of
Superior Avenue, north of West Coast
Highway at the southerly end of Monrovia
Avenue in West Newport) and authorize
the City Clerk to release the Faithful
Performance Bond and Labor and Material
Bond (Bond No. 948100) providing for
completion of public improvements and
the extension of Ticonderoga Street.
(Report from Public Works Department)
14. ENCROACHMENT PERMIT - Approve request of
Permit/
Donald A. :Pfaff to encroach 12 to 21
Pfaff Encr
inches into the public right -of -way at
(65)
2411 Via Marina with a 24- to 32 -inch
high concrete block retaining wall,
subject to execution of an agreement for
nonstandard improvements, and that no
fences or railing be constructed on the
encroaching wall. (Report from Public
Works Department)
15. HARBOR PERMIT APPLICATION # 124 -3400, Harbor Perm
DUNCAN MACINTOSH - Approve the #124-3400 -
application, subject to the conditions Macintosh
of approval listed in the staff report (51)
to temporarily revise the commercial docks
bayward of Lido Village at 3366 Via
Lido. (Report from Marine Department)
16. PLANNING COMMISSION VACANCY - Accept Ping Cmsn
with regret the resignation letter dated (24)
July 22, 1988, of Rena Koppelman from
the Planning Commission (City Clerk has
posted the proper vacancy notices as of
7/26/88).
17. CITY COUNCIL EXPENSE RECORD - Approve Council
Travel Authorization and Expense Record Expense
for Council Member Ruthelyn Plummer for (33)
attendance at California League
Conference in Monterey from July 19 to
July 22, 1988, in the amount of $712.52.
18. BUDGET AMENDMENTS - For approval:
BA -003, $150,000 - Increase in Budget
Appropriations and Revenue Estimates for
1988 -89 Federally adopted Forfeiture
Fund Budget; Forfeitures Fund.
BA -004, $600 - Increase in Budget
Appropriations and Revenue Estimates for
donations from Friends of the Library to
Volume 42 - Page 302
(25)
COUNCIL MEMBERS
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Motion
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CITY OF NEWPORT BEACH
MINUTES
August 8, 1988
support Summer Program and purchase
large type edition books; Library Fund.
G. ITEMS REMOVED FROM THE CONSENT CALENDAR:
1. Letter from Louisa S. Cooper with
suggestion to paint red stripes across
the sidewalks at the alleys to warn
small children of the danger of cars,
was presented.
Motion was made to refer the subject
letter to the Traffic Affairs Committee
for investigation, with the request that
they look at other areas, as well as
Balboa Island; and that the Traffic
Engineer reply to Louisa S. Cooper with
a copy to City Council.
2. Proposed ordinance to provide for
application of vehicle code to Bayview
Circle, was presented with report from
Traffic Affairs Committee.
The City Manager advised that the
subject ordinance had been held over
from the City Council meeting of
July 25, as requested by Council Member
Sansone because of his concerns
regarding police enforcement on private
streets. In addition, questions were
raised regarding the cost of providing
said services, particularly in an area
where the majority of the property taxes
do not come to the City, but go to the
County Redevelopment Project.
The City Manager noted that the Traffic
Affairs Committee discussed the above
issues and conclude as follows:
"Chapter 12.66 of the Newport Beach
Municipal Code provides for the
application of the provisions of
the California Vehicle Code to
privately owned and operated roads
that are open to the public. Five
residential communities have
requested and been approved for
enforcement on their private
streets under this section of the
Municipal Code.
"The Police Department has
indicated that they anticipate only
a slight increase in workload if
Bayview Circle is approved for
vehicle code enforcement. Their
employees will routinely patrol the
public streets in the area and they
expect only a minor number of
Volume 42 - Page 303
TAC
(85)
Ord 88 -30
Bayview Cr/
Vehicle
Code Aplictn
(85)
COUNCIL
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CITY OF NEWPORT BEACH
MINUTES
August 8, 1988
complaints to originate on this
short private street.
"The current minimum parking
citation bail for the offenses
likely to occur on Bayview Circle
is $29.00. All of this money comes
to the City except for the small
percentage of citations that are
appealed to the court and even then
the City receives 85% of the bail.
"Prior to the annexation of the
Bayview area, the City did an
economic analysis to identify the
expected costs and revenues. The
annual loss of property taxes to
the Redevelopment Agency was
estimated at $219,000. With this
loss the net revenue to the City
was projected to be $472,977 per
year. The primary source of
revenue is the Transient Occupancy
Tax paid by the Marriott Hotel."
x Council Member Sansone stated that he
was opposed to the proposed ordinance,
inasmuch as the project was approved,
conditioned upon the applicant providing
said service, and for the City to now
"step in" and provide vehicle code
enforcement at no cost to the developer
is something be could not support. He,
therefore, moved to disallow
introduction of the proposed ordinance.
Council Member Strauss suggested
consideration be given to estimating the
cost of providing the enforcement and
then invoicing the developer for
reimbursement of said cost.
• x x Following comments, the motion was voted
on and carried.
Mayor Pro Tem Hart stated that she had
made an error in casting her vote, and
moved to reconsider the subject motion.
• x x The motion was voted on again, and
FAILED.
In view of the foregoing, motion was
X made to introduce and pass to second
• x reading on August 22, 1988, proposed
ORDINANCE NO. 88 -30, being,
Volume 42 - Page 304
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CITY OF NEWPORT BEACH
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August 8, 1988
complaints to originate on this
short private street.
"The current minimum parking
citation bail for the offenses
likely to occur on Bayview Circle
is $29.00. All of this money comes
to the City except for the small
percentage of citations that are
appealed to the court and even then
the City receives 85% of the bail.
"Prior to the annexation of the
Bayview area, the City did an
economic analysis to identify the
expected costs and revenues. The
annual loss of property taxes to
the Redevelopment Agency was
estimated at $219,000. With this
loss the net revenue to the City
was projected to be $472,977 per
year. The primary source of
revenue is the Transient Occupancy
Tax paid by the Marriott Hotel."
x Council Member Sansone stated that he
was opposed to the proposed ordinance,
inasmuch as the project was approved,
conditioned upon the applicant providing
said service, and for the City to now
"step in" and provide vehicle code
enforcement at no cost to the developer
is something be could not support. He,
therefore, moved to disallow
introduction of the proposed ordinance.
Council Member Strauss suggested
consideration be given to estimating the
cost of providing the enforcement and
then invoicing the developer for
reimbursement of said cost.
• x x Following comments, the motion was voted
on and carried.
Mayor Pro Tem Hart stated that she had
made an error in casting her vote, and
moved to reconsider the subject motion.
• x x The motion was voted on again, and
FAILED.
In view of the foregoing, motion was
X made to introduce and pass to second
• x reading on August 22, 1988, proposed
ORDINANCE NO. 88 -30, being,
Volume 42 - Page 304
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CITY OF NEWPORT BEACH
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August 8, 1988
complaints to originate on this
short private street.
"The current minimum parking
citation bail for the offenses
likely to occur on Bayview Circle
is $29.00. All of this money comes
to the City except for the small
percentage of citations that are
appealed to the court and even then
the City receives 85% of the bail.
"Prior to the annexation of the
Bayview area, the City did an
economic analysis to identify the
expected costs and revenues. The
annual loss of property taxes to
the Redevelopment Agency was
estimated at $219,000. With this
loss the net revenue to the City
was projected to be $472,977 per
year. The primary source of
revenue is the Transient Occupancy
Tax paid by the Marriott Hotel."
x Council Member Sansone stated that he
was opposed to the proposed ordinance,
inasmuch as the project was approved,
conditioned upon the applicant providing
said service, and for the City to now
"step in" and provide vehicle code
enforcement at no cost to the developer
is something be could not support. He,
therefore, moved to disallow
introduction of the proposed ordinance.
Council Member Strauss suggested
consideration be given to estimating the
cost of providing the enforcement and
then invoicing the developer for
reimbursement of said cost.
• x x Following comments, the motion was voted
on and carried.
Mayor Pro Tem Hart stated that she had
made an error in casting her vote, and
moved to reconsider the subject motion.
• x x The motion was voted on again, and
FAILED.
In view of the foregoing, motion was
X made to introduce and pass to second
• x reading on August 22, 1988, proposed
ORDINANCE NO. 88 -30, being,
Volume 42 - Page 304
COUNCIL MEMBERS
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Motion
All Ayes
Motion
All Ayes
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CITY OF NEWPORT BEACH
MINUTES
August 8, 1988 INmy
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF NEWPORT BEACH ADDING
SECTION 12.66.066 TO THE NEWPORT
BEACH MUNICIPAL CODE TO PROVIDE FOR
APPLICATION OF VEHICLE CODE TO
BAYVI:EW CIRCLE.
H. ORDINANCES FOR ADOPTION:
1. Proposed ORDINANCE NO. 88 -29, being, Ord 88 -29
PW /St /Sdwlk
AN ORDINANCE OF THE CITY COUNCIL OF Imprms
THE CITY OF NEWPORT BEACH AMENDING (74)
SECTION 13.05.010 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
STREET AND SIDEWALK IMPROVEMENTS,
was presented for second reading and
adoption with recycled report from the
City Manager, dated July 25, 1988.
Motion was made to adopt Ordinance No.
88 -29.
I. CONTINUED BUSINESS:
1. Proposed ORDINANCE NO. 88 -24, being, Ord 88 -24
Massage
AN ORDINANCE OF THE CITY COUNCIL OF Estb Opr
THE CITY OF NEWPORT BEACH AMENDING (27)
SECTION 5.50.020 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO
MASSAGE ESTABLISHMENT OPERATOR
PERMITS,
was presented for second reading with
report from Business License Supervisor.
The City Manager summarized the current
provisions of the Code relating to
Massage Operators, and the proposed
revisions, as set forth in the staff
report. He stated it was the
recommendation of staff that the City
Council adopt the new revisions,
requiring an applicant for massage
operator permit to report essentially
all criminal convictions and require
that only one of the principals of the
business be licensed as the operator of
the facility.
Motion was; made to adopt Ordinance No.
88 -24.
J. CURRENT BUSINESS:
1. Report from Public Works Department SJoaquin
regarding SAN JOAQUIN TRANSPORTATION Hls Trnsp
CORRIDOR E:IR COMMMENTS, was presented. Crdr
(74)
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CITY OF NEWPORT BEACH
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August 8, 1988
Letter with comments by Harbor Hill, SJoaquin
Harbor View, Newport Hills, and Seawind Hls Trnsp
Community Associations to Environmental Crdr
and Special Projects Division, EMA,
Santa Ana, was presented.
The City Clerk advised that after the
agenda was printed, a letter was
received from representatives of the
following six homeowner associations
regarding the impact of the San Joaquin
Hills Transportation Corridor on their
communities:
Harbor View Community Association
Newport Hills Community Association
Harbor Hill Homeowners Association
Seawind Community Association
Seaview Community Association
Harbor View Knoll Community
Association
The Public Works Director advised that
the County, as the lead agency for this
project, will be conducting formal
public hearings on this issue on the
following dates:
County Planning
Commission - August 30 at 1:30
p.m., and
September 27 at
1:30 p.m.
Board of
Supervisors - October 12 at 9:30
a.m.
The Public Works Director outlined the
staff report and recommendations, as
listed below:
(a) Continue this item to the
meeting of August 22, 1988;
OR
(b) Support the acceptance of the
EIR and recommend that
Alternatives A, R and L be
implemented;
Recommend that a realigned
Ford Road be considered to
mitigate traffic impacts on
Ford Road and San Miguel
Drive;
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Recommend that an additional SJoaquin
mitigation measure be included Hls Trnsp
to cover review by local Crdr
agencies of construction
phasing, traffic control plans
and proposed detours; and
Recommend that transparent
noise barriers be considered
when views might be affected.
The proposed alignment alternatives were
summarized by the Public Works Director,
as enumerated in the staff report.
Reference was made to Resolution
No. 85 -11, expressing the City's
position on the Corridor. He stated two
of the issues in the resolution that
concerned the City were the interchange
at Ford Road and the connection of San
Joaquin Hills Road to the Corridor. The
EIR includes a section called the West
End Analysis. The conclusions indicate
that the deletion of any one connection
will result in increased traffic on one
or more of the other arterials and on
sections of the Corridor. Bison Avenue,
MacArthur Boulevard, Jamboree Road,
Pelican Hill Road and San Joaquin Hills
Road are most affected. He stated it is
recommended that the Corridor design not
be modified to exclude either of the
connections in the interest of achieving
a balanced design, as expressed in
Paragraph 13 of Resolution No. 85 -11.
Reference was also made to a map
depicting projected volumes of traffic
for the year 2010 generated by growth
within nearby cities and the County.
He also discussed the deletion of the
Ford Road Interchange and its impact on
Bison Avenue.
In response to question raised by
Council Member Sansone regarding the
construction of Pelican Hill Road, the
Public Works Director stated that the
portion of Pelican Hill Road that will
be built from Pacific Coast Highway to
the San Joaquin Hills Transportation
Corridor remains unchanged. The portion
connecting to MacArthur Boulevard
hopefully will be incorporated in total
into the Transportation Corridor.
In response to question raised by
Council Member Turner regarding a toll
road and off - ramps, the Public Works
Director commented it is his
understanding from the technical staff
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iOLL CALL August 8, 1988 INDEX
of the Transportation Corridor Agency,
SJoaquin
that it is not necessary to delete any
Hls Trnsp
of the connections at the westerly end
Crdr
of the Corridor near Newport Beach.
However, he does believe there is one
location in the Mission Viejo area where
one of the proposed interchanges will
have to be eliminated, but other than
that, there are no significant
modifications to the proposed
interchange locations that are needed to
accommodate the toll road concept.
In response to question raised by Mayor
Pro Tem Hart regarding the vacant land
just off of MacArthur Boulevard, which
The Irvine Company will be building on,
and the realignment of a new Ford Road,
the Public Works Director stated it is
his understanding that the initial
proposal of the City of Irvine to
transfer substantial density to the
subject parcel, as part of their Open
Space Amendment, was subsequently
revised to the point that the future
land uses projected for the area
generate approximately the same amount
of traffic that had been projected
before their Open Space Element was
adopted. That projected figure is about
29,000 to 30,000 A.D.T. He stated it is
suggested in the staff report that the
City also recommend to the County that a
realignment of a portion of Ford Road be
investigated.
Richard Luehrs, President of the Newport
Harbor Area Chamber of Commerce,
addressed the Council in support of the
Transportation Corridor; however, he
stated that they have two concerns:
1) With regard to the Ford Road
Interchange, they recommend
that the City Council reverse
its objections to that
interchange, recognizing that
if the interchange is not put
in place, traffic increases in
other areas of the Corridor
will take place;
2) With regard to San Joaquin
Hills Road, they would like
the City Council to remove its
objections of completing the
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road easterly of Pelican Hill
Road and placing that
intersection at the San
Joaquin Hills Transportation
Corridor, which they feel
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would alleviate additional
traffic constraints on Pacific
Coast Highway and through
Corona del Mar.
Mr. Luehrs stated that they agree with
City staff in their recommendation of
Alternative A in terms of the number of
lanes for the Corridor.
Rick Hamilton, President of Harbor View
Community Association Board of
Directors, and representing five other
homeowner associations, as listed in
their letter of August 2, 1988,
addressed the Council regarding their
concerns. He stated that they would
like the City Council to direct staff to
reiterate their comments in the City's
response to the draft EIR. He also
advised that the connection of Ford Road
to the Corridor will receive support of
their ad -hoc committee, subject to the
following mitigation measures which will
reduce, to an acceptable level, the
significant adverse impact of the
connection of Ford Road to the Corridor:
1) Connection of San Joaquin
Hills Road to the Corridor
Prior to, or In conjunction with,
the opening of the Ford
Road /Corridor interchange, a four
(4) lane, San Joaquin Hills Road
must be completed from its current
terminus at Spyglass Hill Road to a
full interchange with the Corridor.
2) The realignment of Ford Road
north of its current location
In conjunction with the Corridor,
Ford Road must be realigned north
of its current location as shown on
the attached exhibit. This road
will connect the Corridor with
MacArthur Boulevard, as well as
provide major circulation for the
future Bonita Canyon Village area
of Irvine. Existing Ford Road will
serve our residential developments
in Newport Beach.
3) Implementation of a traffic
circulation plan for San
Miguel Drive
Through traffic from the Corridor
and Irvine must be encouraged to
utilize realigned Ford Road and
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MacArthur Boulevard instead of San SJoaquin
Miguel Drive. Elements of a Hls Trnsp
traffic plan would include limiting Crdr
left turn access from New Ford Road
onto Tian Miguel Drive and stop
signs in lieu of trafffic signals
at intersections on San Miguel
Drive between Ford Road and San
Joaquin Hills Road. The intent is
to retain San Miguel Drive as a
Newport Beach community road.
4) Relocation of Park and Ride
facility to Bison Road /Corridor
interchange
It is unclear from the draft what
the intent of locating the Park and
Ride facility at the Ford
Road /Corridor interchange is. As a
destination facility for high
occupancy vehicles /transit
passengers, it would be more
appropriate to locate this facility
near a major attractor such as QCI.
In addition, this would be a better
transfer location for passengers to
shuttle vehicles north and
southbound on MacArthur Boulevard
to employment centers such as
Newport Center and the Irvine
business complex.
In conclusion, Mr. Hamilton stated that
they understand there is a need to
improve the regional circulation system
in Orange County. They also understand
that the vacant land around their homes
will ultimately be developed. Their
position has been carefully determined
to provide the needed circulation
improvements while protecting the
quality of life for the City's
residents.
The Public Works Director stated that
the EIR took a preliminary look at two
major alternative realignments, i.e.. 1)
essentially immediately northerly of the
present location; and 2) significantly
northerly of the present location almost
bisecting the vacant land, and that a
detailed study would have to be made to
determine which location is best.
Deborah Allen, 1021 White Sails Way,
addressed the Council and stated that
her homeowners association strongly
supports the San Joaquin Hills
Transportation Corridor. She also felt
that the City Council will adopt
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August 8, 1988
alignments which will protect the
various neighborhoods in the community
and balance the interest. She was also
pleased to know that the Corridor will
reduce traffic on MacArthur Boulevard.
With regard to the construction of
Pelican Hill Road, she stated she would
hope construction of the Corridor would
not, in any way, delay its construction.
In response to the comment regarding the
construction of Pelican Hill Road from
Pacific Coast Highway to MacArthur
Boulevard, Mayor Cox advised that it is
anticipated construction will commence
within a few months and could be
completed within 18 months. If the
current schedule for the Corridor is
followed, construction of the Corridor
could begin around December 1989, and be
completed by early 1993.
Royal Radtke, President of the Corona
del Mar Chamber of Commerce, addressed
the Council in support of the San
Joaquin Hills Transportation Corridor,
and the staff's recommendations relating
thereto contained in the report of the
Public Works Department.
Council Member Sansone requested that
when this item is brought back at the
next Council meeting that there be
something in writing clarifying the
extension of Pelican Hill Road.
Hearing no other comments at this time,
motion was made to continue this item to
August 22, 1988.
2. DESIGNATION OF VOTING DELEGATE FOR
LEAGUE ANNUAL CONFERENCE - Scheduled for
October 16 - 19, 1988, in San Diego.
Motion was made to confirm Mayor Cox as
the City's Voting Representative, and
Mayor Pro Tem Hart as Alternate.
3. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS
ADVISORY COMMITTEE VACANCY:
Letter from Jo Vandervort was presented.
Motion was made to accept the
resignation letter of July 3, 1988, of
Jo Vandervort from the Environmental
Quality Affairs Citizens Advisory
Committee, as a result of being
appointed to the Parks, Beaches and
Recreation. Commission on June 27, 1988;
and confirm (District 4) Council Member
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CITY OF NEWPORT BEACH
COUNCIL MEMBERS MINUTES
August 8, 1988
Turner's appointment of Thomas Edwards
to fill the! unexpired term ending
December 31., 1988.
Meeting adjourned in memory of Dorothy
Hardcastle, a member of the Ad Hoc Aviation
Committee, and active in numerous community
affairs, including the Dorothy Hardcastle
Scholarship Fund, who passed away on
Saturday, August: 6, 1988.
The agenda for this meeting was posted
on August 4, 1988, at 8:45 a.m., on the
City Hall Bulletin Board located outside
of the City of Newport Beach Administra-
tion Buildins.
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