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HomeMy WebLinkAbout11/28/1994 - Regular MeetingROLL CALL Present Mo A A on ned Motion All Ayes • Motion All Ayes Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH MINU'T'ES 01 RF,(,'DiAR COUNCIL MEETING U1 J PLACE: Council Chambers F-- ¢ U > W TIME: 2:00 F.M. 3 F M Q X O Z DATE: November 28, 1994 Q3Q=°L90 INL x x x x X x x ROLL CALL x Reading of Minutes of Adjourned Meeting of x x x x x x November 9, and Regular Meeting of November x 14, 1994, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. MATTERS WHICH A COUNCIL MEMBER WOULD LIRE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Council Member O'Neil inquired about the status of the ordinance regarding the Residential Building Records Report, and was informed that a staff report would be brought to Council on December 12; wherein he requested that they have input from the City Attorney regarding the legal ramifications involved if it is the desire of the Council to delete this from the Municipal Code. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Mayor Hedges commented that staff will be bringing a report to Council on December 12 regarding the possibility of combining some of the City Council Committees. Also, at that time the Council will be considering a 5:00 p.m. starting time for the closed session, with the Council meetings to begin at 7:00 p.m. COUNCIL COMMITTEE REPORTS - For discussion only (received and filed): x 1. Environmental Quality Affairs (24) Committee - Minutes of November 7, 1994. x 2. Underground Utilities Coordinating (24) Committee - Minutes of November 16, 1994. STAFF REPORTS - For discussion /action: 3. Construction of Underground Conduits (89) for Installation of Future Underground Utilities - Request from Council Member Hedges for information. [Report from Public Works Department] x Following discussion regarding the ongoing alley replacement projects it was requested that, if possible, those replacements be identified ahead of time to coordinate with potential undergrounding districts in the hopes of saving money; wherein, motion was made to receive and file the report. Volume 48 - Page 442 EX ROLL CALL Motion All Ayes • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES A O_ 3 0 W H Q X M W M W W g W 2 X O 0 � W o J 0 J -J Z 0 November 28, 1994 I 4. Balboa Bay Club - Request for Balboa Ba authorization to retain special legal C -519 (38 counsel; commence negotiations on a new lease; and establish community meetings to present the findings of the City's economic /appraisal consultants. [Report from the City Manager] X Following status report by the City Manager, staff was authorized to commence negotiations on a new lease for the Balboa Bay Club, prepare and return with a budget amendment for special legal counsel services to assist in the drafting of the agreement and negotiations, and authorize the establishment of community meetings to provide information to the community on the work of the City's two economic and appraisal consultants. ADJOURNED AT 2:20 P.M. TO CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 5:30 P.M. RECONVENED AT 7:00 P.M. CONSENT CALENDAR X The following items were approved, except for those items removed: CONTRACTS AND AGREEMENTS 5. Removed from the Consent Calendar. 6. Removed from the Consent Calendar. 7. POLICE FACILITY SHOOTING RANGE Police S MODIFICATIONS AND ELECTRICAL SYSTEM Range IMPROVEMENTS (CONTRACT NO. 2980) - C -2980 Award Contract No. 2980, including additional bid items Al, A2, and A3 to Perera, Inc. Construction and Design of Upland, California for $196,000, approve Budget Amendment of $180,000 from Unappropriated General Fund. [Report from Public Works Department] 8. UNIT III UPPER NEWPORT BAY PROJECT - Unit II] Execute an Amendment to the Bay Prj Engineering Services Agreement C- 2987(F (Contract No. 2987) for Project Management and design of the Unit III Upper Newport Bay Sediment Control and Enhancement Project with John M. Tettemer and Associates. [Report from Public Works Department] 9. PERSONNEL VACANCIES - Report from Personnel Director. Volume 48 - Page 443 1E X Club looting M Upr Np ) (38) CITY OF NEWPORT BEACH M T NT TT F: ROLL CALL Ln 3 W 1~ 3 A=° CE M M X o 0 Z o November 28, 1994 INDEX 10. CLAIMS - For Denial by the City (36) Manager • Farmers Insurance Group /Jacqualy Mllman alleging her rear wheel was damaged by open manhole cover on September 27, 1994 on Polaris Drive, 222 feet south of North Star Lane. Richard Grover/Farmers Insurance Kschange alleging City refuse truck backed into right side of passenger vehicle at Balboa Pavilion on September 4, 1994. Samuel S. Hathaway alleging property damage at 208 -1/2 41st Street as a result of water main break at River Avenue between 41st and 42nd Streets on November 20, 1994. Willard P. Bing, Jr., alleging personal injuries as a result of falling while in -line skating near Jamboree and Bayview Roads on August 22, 1994, claiming that the condition of pathway caused serious personal injuries. Billie Kunold alleging City Police Department damaged door to residence at 300 W. Coast Highway, Bayside • Village on November 6, 1994, in order to gain entrance; seeking reimbursement of $65 for repair. . Terry McKenzie alleging City employee moved electrical conduit when they ran new sewer along Cliff Drive above Pacific Coast Highway without permission at 1501. Rings Road on August 31, 1994; seeking reimbursement of $275. Orange County Transportation Agency alleging City vehicle involved in accident on October 18, 1994; seeking damages of $366.24. Jerry and Margie Schubert alleging City tree roots caused damage to water line at 53 Montecito Drive on September 20, 1994. Southern California Gas Company alleging backhoe operator for City damaged property at 3216 Ocean Avenue, Corona del Mar, on September 30, 1994. Southern California Gas Company alleging City crew punctured their • service while working on a sewer at 3328 Ocean Boulevard on October 7, 1994. Pamala Steadman alleging he was struck by quadricycle while on roller skates on 514 W. Oceanfront on Nay 29, 1994 causing personal injuries. Volume 48 - Page 444 CITY OF NEWPORT BEACH MINUTES ROLL CALL A 3 A3A H}¢m U) g Lad: X °moo o J Z November 28, 1994 INDEX Christine Vom Dyle alleging City Police Department broke bedroom window on November 3, 1994, at 1560 Placentia • Avenue while no one was home; seeking reimbursement of $77. 11. PUBLIC HEARING SCHEDULING - Schedule CDBG /HUD public hearing on December 12, 1994 (87) for adoption of the CITIZEN PARTICIPATION (CP) PLAN and receipt of public comment: on the development of the CONSOLIDATED PLAN DOCUMENT (CPD) FOR FT•S 1995 -2000 including a one year action plan for 1995 -96 (CDBG/HUD). [Memorandum from Planning Department] 12. Removed from the Consent Calendar. 13. DRUG TESTING - [Report deferred - Memorandum from Personnel Department] 14. Removed from the Consent Calendar. 15. HARBOR PERMIT APPLICATION NO. 130 -2692 Harbor Permit - Approve application by the J.A.W. Apl 130 -2692 Family Trust to revise the pier and (51) float bayward of 2692 Bayshore Drive, subject to conditions in the staff report. [Memorandum from Marine Department] • 16. Removed from the Consent Calendar. 17.' ENCROACEMENT AGREEMENT POINSETTIA Permit /Encr Ago AVENUE AND THIRD AVENUE - Approve 601 Poinsettia application for construction and (65) maintenance of proposed private improvements within the Poinsettia and Third Avenues public rights -of -way adjacent to 601 Poinsettia Avenue, subject to execution of an Encroachment Agreement for non- standard improvements (agreement to be recorded) and an Encroachment Permit issued by the Public Works Department. [Report from Public Works Department] 18. RHSUBDIVISION NO. 1001 - Approve the Resub 1001 improvement plans and specifications (84) and accept the public improvements located at 501 and 503 Poppy Avenue constructed in conjunction with Resubdivision No. 1001; and authorize the City Clerk to release the Faithful Performance Surety and the Labor and Materials Surety (cash deposit in the amount of 57,600 deposited into Account No. 01.0 -2202 on June 24, 1994; deposit should be returned to Marsh Development Company, 400 Westchester Place, Fullerton, CA 92635). [Report • from Public Works Department] Volume 48 - Page 445 ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES U of X A30MU �~ QQ W g Z X 0 0 November 28, 1994 INE 19. BALBOA PENINSULA STREET LIGHT Balboa Pn REPLACEMENT (CONTRACT NO. 2925) - St Light Accept the work and authorize the City C -2925 (3 Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 20. APPROVAL IN CONCEPT/VAGATION AND Vac /Aband ABANDONMENT OF A PORTION OF 4717 Vic /4717 HAMPDEN ROAD, CAMEO SHORES - Approve (90) in concept the abandonment and sale of a portion of Hampden Road adjacent to 4717 Hampden Road; and direct staff to work with the property owner on details of the abandonment so that a date can be set for public hearing to abandon a portion of Hampden Road. [Report from Public Works Department] 21. BUDGET AMENDMENTS (40) RA -015, $70,000 - To appropriate funds for environmental, geotechnical, engineering and management professional services to be provided by outside consultants for development entitlements (DEVELOPMENT OF SAN DIEGO GREEK NORTH PROPERTY); Capital Projects - Circulation and Transportation Fund. [Refer to report w /agenda item 6] BA -016, $180,000 - To appropriate funds for modifying the POLICE FACILITY SHOOTING RANGE/ELECTRICAL SYSTEM IMPROVEMENTS PROJECT; Capital Projects fund. [Refer to report w /agenda item 71 BA -017, $2,500 - To appropriate funds for the ANNUAL REFURBISHMENT OF TENNIS COURTS from Tennis Court reserves; Community Services - Recreation Fund. ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Report from Public Works Department Universit recommending execution of a Impry Supplemental Engineering Services C -2851 (; Agreement with IWA Engineers for UNIVERSITY AVENUE IMPROVEMENTS - SANTIAGO DRIVE TO UNIVERSITY DRIVE (CONTRACT NO. 2851) Mayor Pro Tem Debay referred to Page 2 of the staff report where it states that the City will relinquish responsibilities, ownership and maintenance of the bicycle /pedestrian trail to the County upon completion, and questioned if the County would be responsible for any future liability on the bike trail, to which the Public Works Director replied in the affirmative and stated it will be one of many provisions enumerated in the agreement with the County. Volume 48 - Page 446 EX sla Rplcm 8) Hampde :y Av Im CITY OF NEWPORT BEACH W Ni 1TR S ROLL CALL 3� A 3 Q = xwZ 0 ; November 28, 1994 INDEX Motion x In view of the foregoing, motion was kl os made by Mayor Pro Tem Debay to approve the recommended action. 12. Report from General Services Director GS /Solid Waste recommending approval and publication (44) of SOLID WASTE PERMIT REGULATIONS for Calendar Year 1995 to the City Manager. In response to question raised by Council Member Edwards, the City Manager stated that the regulations under consideration are for the next calendar year and this is an item the Council approves annually pursuant to the Solid Waste Recycling Element which was adopted several years ago. He noted that these regulations are necessary to implement a mandatory recycling plan for commercial solid waste to meet the State mandate of 258 recycling of all Solid Waste by 1995. One of the aspects of the Permit Regulations is the gradual increase (58 per year since 1990) in the recycling requirements. This was timed so as to reach a 258 recycling rate on January 1, 1995; however, as of October 1, 1994, the cumulative recycling rate for commercial waste haulers was 238, but staff has • received assurances from the haulers that a 258 diversion rate is obtainable. Under the former plan, the recycling rate would have been increased to 308 in 1995, however, staff has outlined the reasons for delaying the recycling rate increases for at least one year as enumerated in their report. 4otion x Motion was made by Council Member Edwards to approve the recommended action. Madelene Arakelian, South Coast Refuse, addressed the Council and stated that she will be submitting some minor recommended changes to the subject regulations to the City Manager. She also distributed copies of a newsletter entitled "Infocycling" published by the California Integrated Waste Management Board. Dolores Otting, 5 -Star Rubbish Service, addressed the Council and stated that Newport Beach is one of four cities in the County that allows free enterprise and competition for • solid waste hauling; she discussed AB939 and referenced the letter she received from the General Services Director regarding the proposed Solid Waste Permit Regulations for Calendar Year 1995; she stated there was never a fine in place where the City would have to pay up to $10,000 per day for not diverting 258 of the waste because Volume 48 - Page 447 CITY OF NEWPORT BEACH 'A d T NTT T'P L� CN ROLL CALL ¢ Q3A=° Cr g X o ;b Z _ IVA l 1 v v a 1:J 1-7 povember 28, 1994 INDEX the fine applies only if the City did not have a plan or attempt to implement that plan; she noted that • green waste is well over 25% in the City; she discussed source reduction, recycling and composting, and stated she was hopeful the waste haulers would be given an opportunity to meet with the General Services Director this year to discuss their concerns prior to adoption of the proposed regulations inasmuch as compliance is not required until May 1996. She also indicated she felt that some of the City's current Solid Waste Permit Regulations were in conflict with AB939. 11 Ayes There being no further comments, the motion on the floor was voted on and carried. 14. Report from Marine Department Harbor Permit recommending approval, subject to Apl 112 -503 conditions in the staff report for (51) HARBOR PERMIT APPLICATION NO. 112 -503 - by Landing Associates to remove and replace existing fuel tanks and piping at 503 Edgewater, subject to conditions in staff report. • Council Member O'Neil stated he removed this item from the Consent Calendar due to a possible conflict of interest. )tion x In view of the foregoing, motion was jes x x x x x x made by Council Member Cox to approve )stained x the recommended action. 6. Report from Public Works Department SD Crk N /Prpty recommending approval of a $70,000 C- 3026(A) (38) budget for environmental, goetechnical, engineering and management professional services to be provided by outside consultants for development entitlements for DEVELOPMENT OF SAN DIEGO CREEK NORTH PROPERTY (CONTRACT NO. 3026); execution of an Amendment to the existing Engineering Services Agreement with Gail P. Pickett, P.E., (Contract No. 2997.) for Project Management Services; execution of Engineering Services Agreement with Emmet Berkery, P.E., for Project Management; and authorizing staff to negotiate an agreement with the Transportation Corridor Agency to provide for construction of the Jamboree Road flyover ramp (jr -5) to be on a structure over the San Diego • Creek North parcel and to provide for surface use under the structure. Dolores Otting, 17 Hillsborough Drive, addressed the Council and questioned the amount of revenue derived from Fletcher Jones Automobile Agency, and some of the dollar figures set forth in the attachment to the staff report. Volume 48 - Page 448 CITY OF NEWPORT BEACH MINUTES ROLL CALL Q 3 W3Q ¢w N A =°L90 X 'X o -J z November 28, 1994 INDEX In reply to the above, the City Manager commented that Fletcher Jones is the number one sales tax producer in the City and generates in excess of • a quarter of a million dollars per year; the City also receives a large amount of property tax revenue from this source; it is a very valuable site to the City, and in an attempt to retain the Fletcher Jones Agency, the total cost to put the proposed project together could be $8.6 million. He outlined the major components of the project, the estimated costs of each component, and noted that a comprehensive Memorandum of Understanding between the City, Mr. Jones, and The Irvine Company will be prepared and presented to the Council at the December 12 or January 9 meeting. At this time, Mr. Jones has a lease which expires in December 1996 on the current site, and he also has a pending offer to relocate in the City of Irvine. He stated that since this issue has gone public, the City has been contacted by other automobile agencies who have indicated that if the proposed project with Fletcher Jones is not culminated, they are very interested in obtaining the proposed site for an auto dealership. M x Hearing no further discussion, motion Al es was made by Mayor Pro Rem Debay to approve the recommended action. 16. Report from Planning Department GPA 94 -3 concerning GENERAL PLAN AMENDMENT 94- (45) 3, a request to initiate amendments to the Newport Beach General Plan as follows: A. CalTrans West - Request to amend the General Plan Land Use and Recreation Open Space Elements, and the Local Coastal Program, Land Use Plan for the CalTrans West parcel. This request would change the land use designation of Multi - Family Residential with an allocation of 152 dwelling units to add an alternate designation of Recreational and Environmental Open Space which may be implemented subject to specific criteria set forth in the General Plan; AND B. 424 Old New-port Boulevard - Request to amend the General Plan Land Use Element to redesignate a portion of • the property located at 424 Old Newport Boulevard from Retail and Service Commercial to Two Family Residential. This request would allow for subdivision and development of the rear portion of the property fronting on Westminster. Ralph Neal, District Division Chief of Right -of -Way for CalTrans, addressed the Council and spoke in support of Volume 48 - Page 449 CITY • Me All Ayes is OF NEWPORT 28, 1994 BEACH the proposal for the CalTrans West parcel. He also complimented the staff on the "excellent job they did in working with CalTrans in resolving their problems and concerns." Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and asked for clarification of the proposal for Item B (above), to which the Planning Director replied that the intent of the property owner of this particular parcel is to divide the lot east and west so as to create one residential site which would have frontage on Westminster Avenue, and one retail and service commercial site facing Old Newport Boulevard. In essence, the parcel would be divided into two lots. Currently, the General Plan would allow a mixed use development on the east side of Old Newport Boulevard if that property is designated retail and service commercial. With respect to the status of Old Newport Boulevard Specific Area Plan Committee, the Planning Director stated they are meeting on a monthly basis and hopefully their work will be completed sometime next year. Motion was made by Council Member Glover to approve the recommended action for Items A and B. Louise Greeley, 16 Swift Court, Chairperson of the Committee for the Acquisition of Sunset Ridge, also known as CalTrans West, addressed the Council and expressed her appreciation and support of the recommended action. The motion was voted on and carried. PUBLIC HEARINGS 22. Mayor Hedges opened the continued public hearing regarding proposed ORDINANCE NO. 94 -48, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 1.12, 6.04, 10.28, 10.32, 15.02, 20.01, 20.10 AND 20.70 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE CURRENT NOISE CONTROL REGULATIONS TO BE CONSISTENT WITH THOSE CONTAINED IN THE NOISE ELEMENT OF THE GENERAL PLAN AND TO ADD CHAPTER 10.26 COMMUNITY NOISE AND VIBRATION CONTROL (PLANNING COMMISSION AMENDMENT NO. 807). Report from Planning Department. Volume 48 - Page 450 MINUTES INDEX Ord 94 -48 Zoning Noise Regs (94) PCA 807 Q 0 a J ROLL 3 �- M 0 n z CALL n Cr W WO J, W 3 Q 2 V U 0 • Me All Ayes is OF NEWPORT 28, 1994 BEACH the proposal for the CalTrans West parcel. He also complimented the staff on the "excellent job they did in working with CalTrans in resolving their problems and concerns." Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and asked for clarification of the proposal for Item B (above), to which the Planning Director replied that the intent of the property owner of this particular parcel is to divide the lot east and west so as to create one residential site which would have frontage on Westminster Avenue, and one retail and service commercial site facing Old Newport Boulevard. In essence, the parcel would be divided into two lots. Currently, the General Plan would allow a mixed use development on the east side of Old Newport Boulevard if that property is designated retail and service commercial. With respect to the status of Old Newport Boulevard Specific Area Plan Committee, the Planning Director stated they are meeting on a monthly basis and hopefully their work will be completed sometime next year. Motion was made by Council Member Glover to approve the recommended action for Items A and B. Louise Greeley, 16 Swift Court, Chairperson of the Committee for the Acquisition of Sunset Ridge, also known as CalTrans West, addressed the Council and expressed her appreciation and support of the recommended action. The motion was voted on and carried. PUBLIC HEARINGS 22. Mayor Hedges opened the continued public hearing regarding proposed ORDINANCE NO. 94 -48, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 1.12, 6.04, 10.28, 10.32, 15.02, 20.01, 20.10 AND 20.70 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE CURRENT NOISE CONTROL REGULATIONS TO BE CONSISTENT WITH THOSE CONTAINED IN THE NOISE ELEMENT OF THE GENERAL PLAN AND TO ADD CHAPTER 10.26 COMMUNITY NOISE AND VIBRATION CONTROL (PLANNING COMMISSION AMENDMENT NO. 807). Report from Planning Department. Volume 48 - Page 450 MINUTES INDEX Ord 94 -48 Zoning Noise Regs (94) PCA 807 CITY OF NEWPORT BEACH MINUTES ROLL CALL 3 Q3 ;=o;o x o Of j Z November 28, 1994 INDEX Letter from Newport Harbor Area Noise Regs Chamber of Commerce addressing concerns with the proposed ordinance • and requesting further study and discussion. It was noted that on October 10, 1994, the City Council approved a comprehensive update of the Noise Element of the General Plan. One of the policies of the new Noise Element calls for the City to adopt a comprehensive noise ordinance to control noise from non - transportation sources. As a result, an ordinance was introduced and set for hearing on September 24, 1994. The second reading of the ordinance was set for October 24, 1994. However, the City Council directed staff to return with additional information and potential methods of controlling noise from air - conditioning equipment and leaf blowers. The City Council revised the proposed regulations for such equipment and reintroduced the ordinance on November 14, 1994. Also, following the Council's last action, a letter was received from the Newport Harbor Area Chamber of Commerce raising several issues regarding leaf • blowers. Discussion ensued wherein it was noted that if this item is referred to the Economic Development Committee for report and recommendation relative to the Chamber's concerns, a new notice of public hearing would be published prior to bringing it back to the Council. Council Member Cox spoke in support of referring this item back to staff and the Economic Development Committee stating he, too, has concerns regarding leaf blowers, and indicated he felt the document needed further study prior to final adoption. Mayor Pro Tam Debay suggested that when this item comes back to the Council that there be a clarification relative to the measurement of air - conditioners, i.e., bels vs. dBa's, and that staff translate exactly what that means. In terms of the Chamber's concerns regarding leaf blowers and the 200 ft. requirement in the commercial areas, she requested that when this is reviewed, consideration be given to a sound wall intervening • between parking lots and residential areas and whether or not this would mitigate some of the noise from gasoline powered leaf blowers. She stated she has also been told that electric leaf blowers are not effective. Volume 48 - Page 451 CITY OF NEWPORT BEACH T r T NTT T'P'V 0 ROLL CALL 3 w3 H M A=°vUo g x o z 111 1 \ V 1 1J IJ November 28, 1994 INDEX Council Member O'Neil spoke in support Noise Regs of referring this item to the Economic Development Committee, but also • suggested in the interim, that anyone wanting to give input on this matter submit those comments to the staff in writing for consideration. Council Member Edwards stated that after talking to a number of people who have contacted him regarding the proposed Noise Ordinance, he felt there are misconceptions as to what the Ordinance really states as presently written, and he would hope when it is brought back to the Council, it will be clear and concise as to what is being regulated. Council Member Watt pointed out that the basic issue in considering the subject Noise Ordinance is to "quiet" things down, and she is hopeful the Council does not lose ground with regard to what has already been accomplished and the compromises that have already been made. Council Member Glover stated that the original draft of the proposed Noise Ordinance was considered by the Planning Commission when she and • Council Member Edwards were on the Commission, but since that time, it has been revised. Some of the issues that people have been calling her about relate to electrical blowers not having enough power to do a sufficient cleaning job, increase in water usage, and the affects of the Ordinance on the business communities. If this document is referred to the Economic Development Committee, she felt they should be given six months with which to respond because of the complexities involved. Luvena Hayton, 235 Poppy Avenue, addressed the Council in support of the proposed Noise Ordinance as written. She indicated she did not feel it should be referred to the Economic Development Committee because of the Chamber's concerns at this late date, and that the Council should make a decision at this time one way or another. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and indicated that if an incentive were given to the leaf blower • manufacturers, he felt a quieter version could be built. Jean Beek, 2007 Highland Drive, addressed the Council in support of prohibiting gasoline powered leaf blowers in residential areas. She Volume 48 - Page 452 CITY OF NEWPORT BEACH IkTA i SON IBM M55 ROLL CALL 3 w a =°vdo x o z November 28, 1994 INDEX stated that at 7 a.m. several mornings Noise Regs during the week, she is awakened by • leaf blowers and feels they are more distracting than airplane noise. Lucille Kuehn, 1831 Seadrift Drive, addressed the Council and stated that she has outlawed the use of gasoline powered leaf blowers at her home and uses a rake and broom instead; she stated she felt it was highly irregular for the Council to refer the subject Ordinance to the Economic Development Committee rather than the Environmental Quality Citizens Advisory Committee inasmuch as there are environmental issues involved, and due to the fact that there already have been a number of public hearings and testimony given on this matter. She stated this issue has been resolved in Cities such as LaJolla, Carmel, Beverly Hills, Laguna Beach and Irvine, and she does not think it took those City Councils as long as it's taking Newport Beach to enact their noise regulations. Mike Wells, 2548 Westminster Avenue, Costa Mesa, Landscape Contractor, addressed the Council and submitted copies of letters he had written to his clientele in Newport Beach • regarding the use of gasoline powered leaf blowers. He stated that many residents in the City are unaware of the proposed Ordinance and this could be the reason why he only received a 30% response to his questionnaire. He felt the Council should consider the economic impact of the Ordinance on the residents, and given the image of Newport Beach, he felt an outright ban of leaf blowers would be a detriment to the City. He stated he would be available to attend any meetings the staff /Economic Development Committee might conduct regarding this matter. In response to question raised by Council Member Glover, Mr. Wells stated that he only received 30 responses out of approximately 120 letters; 27 of those were in favor of some type of regulation; 3 were in favor of an outright ban; he does think that gasoline powered leaf blowers will be built with lower noise levels in the future, but when that will be is undetermined; it is also his understanding that the electric • and battery operated leaf blowers are not as forceful as the gasoline powered; if the issue is noise, then he felt the Council should address that level rather than enact an outright ban on leaf blowers. Richard Luehrs, President, Newport Harbor Area Chamber of Commerce, addressed the Council and stated they Volume 48 - Page 453 CITY OF NEWPORT BEACH MTNTTT'FC ROLL CALL 'n 3 w3Q=°db F~ w A X W Z 1111 1 \ V 1 L IJ November 28, 1994 INDEX were unaware of the previous Noise Regs proceedings and public testimony regarding the proposed Noise • Ordinance, but it was not until the City Council took action on November 14 with regard to an outright ban of gasoline powered leaf blowers in residential areas and within 200 feet of commercial districts that prompted them to share their concerns. He referenced their letter of November 18, 1994 which outlined the number of small shopping areas located within 200 feet of residentially -zoned properties, and stated that technically, the use of leaf blowers would not be allowed in those areas if the proposed Ordinance were adopted. Additionally, he did not feel consideration has been given to the use of gasoline powered leaf blowers in apartment complexes such as Park Newport, Baywood, Promontory Point, etc., which have extensive greenbelts, trees and shrubs that must be pruned and trimmed on a regular basis. Lastly, he did not feel consideration was given to the affect this Ordinance might have on homeowner associations who must maintain their common green areas around the community. As a result of their concerns, he urged • this matter be given further study, and stated they would be very willing to work with the Economic Development Committee in this regard. lotion Hearing no further comments, motion was made by Council Member Cox to table this item at the present time, but to refer it to the Economic Development Committee for study and report back relative to the Chamber's concerns as well as those concerns expressed by the above speakers. Mayor Pro Tem Debay asked Council Member Cox if he would amend his motion to include a request that the Environmental Quality Citizens Advisory Committee participate in the discussions relative to the environmental concerns, wherein Council Member Cox stated that he had no objections. Council Member Edwards asked Council Member Cox if he had a time limit in mind with which to bring back the Ordinance, but Council Member Cox indicated he only wanted it back as • soon as feasible. Mayor Hedges stated he would also hope that staff would be included in the discussions with the two Committees, to which there were no objections. It was indicated that the only issues the Council wanted the two Committees to study further were leaf blowers and Volume 48 - Page 454 CITY OF NEWPORT BEACH ROLL CALL 3� Q3A=°do M nn x o z November 28, 1994 INDEX air - conditioners. The staff was also requested to notify Mike Wells of any meeting dates. • Mayor Hedges stated he would hope that when this Ordinance is brought back to the Council, it meet three tests, i.e., 1) that it be understandable, 2) that it be enforceable, and 3) that it accomplish what it is intended to accomplish. All Ayes The motion, as amended, was voted on and carried. 23. Mayor Hedges opened the public hearing GS /Nondisposal regarding CITY OF NEWPORT BEACH Facility Elemen NONDISPOSAL FACILITY ELEMENT (NDFE). (44) Report from General Services Director. The City Manager noted that this particular element is a follow -up to AB939 and AB3001 and requires each City and County to adopt a Nondisposal Facility Element to identify the nondisposal solid waste facilities utilized to implement programs designated in the South Reduction and Recycling Element. A nondisposal facility is defined as any solid waste facility (excluding landfills) required to obtain a State solid waste • facility permit from the California Integrated Waste Management Board. Based on this definition, nondisposal facilities include transfer stations, material recovery facilities, and composting facilities. Dolores Otting, 5 -Star Refuse, addressed the Council and stated that the City has a contract with CR Transfer, Inc., which states that all of the waste that is picked up by City employees is supposed to go to CRT's facility in Stanton; however, the City is taking waste to Sunset Environmental and Rainbow Disposal, and if this is waste that cannot be recycled at CRT, then it should be taken to the County Landfill at $22.75 per ton rather than paying $42.00 to $46.00 per ton to the other two disposal companies. She also discussed the importance of green waste and composting and asked for clarification of the contract with Gro -Rita Company of Irvine as referenced on handwritten page 12 of the staff report. David Niederhaus, General Services • Director, addressed the Council and noted as follows: the City now has several outlets for green waste, however, most of the City's refuse is taken to CRT where the City has a guaranteed recycling rate; green waste is still being recycled at the City Yard by the three tree trimmers who are still on the crew; they also have two containers at the City Yard that Volume 48 - Page 455 CITY OF NEWPORT BEACH MT NTTTFfi ROLL CALL aw X w H 0 X Cr Q= g X U O Z o November 28, 1994 INDEX are contracted out to Rainbow Disposal who takes the green waste to Los Angeles; the composting program the County started at the landfills ran • into problems because they were using internal combustion engines which did not meet AQMD requirements; most of the City's green waste is going out of the County as there is not a market for it here; green waste will be the issue for the next four to five years and that is how the City will make its 40 to 50 %; Orange County has five different material recovery facilities that the City can choose from to take the City's waste, however, the majority of it goes to CRT, but they have asked the City to not bring the City's street sweeping waste because it contaminates the loads; within a week the City "s fourth heavy 50 -foot refuse transfer trailer will arrive, and will allow expansion of the City's refuse transfer station which means they can then haul green waste and /or send separate loads to the County landfill; West Coast Arborists, Inc., the City's tree trimming contractor, has its own recycling facility and all the green waste, chipping, firewood, etc., that is collected is recycled and turned back into useful products. . Madelene Arakelian, South Coast Refuse, addressed the Council and stated she would like to meet with the City Manager and the General Services Director regarding this item as she felt there were some inequities, and therefore, requested this matter be deferred until she has given her input. Hearing no others wishing to address the Council, the public hearing was closed. 4otion x Motion was made by Council Member Cox Res 94 -105 111 Ayes to adopt Resolution No. 94 -105, adopting a Nondisposal Facility Element Pursuant to the Requirements of the Public Resources Code. Council Member Watt expressed appreciation to Ms. Otting and Ms. Arakelian for their comments, and advised that the subject resolution can be amended at a future date if deemed appropriate. 24. Mayor Hedges opened the public hearing Ord 94 -55 regarding proposed ORDINANCE NO. 94- Zoning • 55, being, Bar /Theater/ AN ORDINANCE OF THE CITY COUNCIL Nightclub OF THE CITY OF NEWPORT BEACH (94) AMENDING SECTION 20.72.010 OF CHAPTER 20.72 AND ADDING SECTIONS 20.87.033 AND 20.87.325 TO CHAPTER 20.87 OF TITLE 20 OF Volume 411 - Page 456 A CITY OF NEWPORT BEACH ROLL Q 4 } 3 H } W W W o J W H H MINUTES THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING DEFINITIONS FOR A BAR AND A THEATER/MIGHTCLUB • B (PLANNING COMMISSION AMENDMENT P PCA 812 NO. 812) Report from Planning Department. The Planning Director noted that the subject item is a follow -up amendment to Planning Commission Amendment No. 810 which redefines the term "restaurant," and that the matter under consideration is defining the terms "bar" and "theater /nightclub." Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and asked for clarification regarding provisions affecting live entertainment and dancing. The Planning Director commented that the area devoted to live entertainment and dancing is the area of the dance floor within the restaurant that is defined in the Use Permit; the area for live entertainment would be that area that is designated on the floor plan and approved in the Use Permit, and may include a raised stage. • H Hearing no others wishing to address the Council, the public hearing was closed. tion x x N Notion was made by Council Member CITY OF NEWPORT BEACH MINUTES ROLL CALL 3�Mgx0Z A 3 A= o; d J o November 28, 1994 INDEX CONTINUED BUSINESS 25. Report from Utilities Director Utilities/ regarding GROUNDWATER DEVELOPMENT Groundwater PROJECT. Dev Prj Jeff Staneart, Utilities Director, (89) addressed the Council and gave an overview and status report on the Groundwater Project by way of a slide presentation which highlighted the following: Objectives of the Project History of the Project Project Components Project Hydraulics Reach No. 3 Pipeline Seawater Transmission Line Reach No. 2 Pipeline Reach No. 1 Pipeline Reservoir Design Pump Station Design Reach No. 4 Pipeline Project Costs The Project Team Project Management What Has Been Done? Key Issues Next Steps Project Schedule What We Haven't Covered • In response to question raised by Council Member Cox, the Utilities Director explained that the purpose of this project is to 1) provide an alternate source of water inasmuch as Newport Beach is 100% reliant on MWD as its sole source of water, and 2) provide economic benefits inasmuch as the City will save approximately $2 million dollars each year once this project is operating. In response to questions raised by Council Member Watt, the Utilities Director stated that the project should improve water quality primarily in the area of taste and odor. He also discussed the Orange County Water District's use of highly treated reclaimed waste water for operating the seawater injection barrier. With regard to the use of asbestos concrete water piping, he stated that it is now out of production because of the asbestos dust created while manufacturing it, and as many are aware, airborne asbestos has been a proven health concern because of the diseases it can lead to. As to the use • of asbestos cement pipe, he stated there is no need to remove it because it does not rust or corrode and is very resistant to movement and seismic activity. Volume 48 - Page 458 CITY OF NEWPORT BEACH TifTNTFJPFC ROLL CALL a: 3 A H F 3 Q M ; M _ X ° 7 0 ; W Z o 1111 1 \ V d L F..J November 28, 1994 INDEX In response to question raised by Groundwater Council Member Glover, the Utilities Director stated that the $18 million • estimated for this project does not include the right -of -way acquired, except for some of the costs relative to the reservoir and pump station. The majority of the right -of -way for the pipelines are in public streets, and essentially no cost to the City except for a one -time easement purchase fee in Reach No.3 Pipeline; there is an annual on -going cost for the Tamara School well site which has already been approved in a lease agreement between the Fountain Valley School District and the City as well as the Slater /Dolphin well site. Long Pham, 1529 W. Balboa Boulevard, addressed the Council and referenced a letter he wrote to the City over a month ago regarding this project and his concerns relative to the economic aspects and whether or not the project will provide an independent source of water supply. He also indicated he felt the City was misleading the public in this regard. Dolores Otting, 17 Hillsborough Drive, addressed the Council and stated she • was concerned with the leased water pipeline that formerly was the seawater salt pipeline, and it is her opinion that the residents would not mind paying another $2.5 million to get the City's own pipeline in that particular area; she also discussed the use of "ingested" asbestos, and nitrates in the drinking water. Mr. Pham addressed the Council again and asked for a response regarding the economic aspects of this project. Elaine Linhoff, 1760 E. Ocean Boulevard, addressed the Council and asked for clarification of the concerns enumerated in the EIR by the Public Works Director of Fountain Valley. The City Manager distributed a handout listing estimates from the Orange County Water District and Orange County Groundwater Basin Recharge as follows: Total groundwater extractions last year - 273,590 acre feet. ® Reclaimed water used for injection last year - 8,161 acre feet. Santa Ana River run -off captured for recharge - 196,590 acre feet. Volume 48 - Page 459 CITY OF NEWPORT BEACH MINU'T'ES ROLL CALL 3 W X M g X X U W 0 z o November 28, 1994 INDEX Untreated MWD Replenishment Groundwater water for recharge - 196,794 • acre feet. Talbert injection barrier water recharge - 11,171 acre feet. The City Manager pointed out that of the 412,716 acre feet of artificial basin recharge last year, only 8,161 acre feet of it was from tertiary treated reclaimed wastewater. This is less than 2 percent of the total artificial recharge and does not account for other additional natural recharge. He further added that because of economics, many of the cities in Orange County are using groundwater as opposed to purchasing water from MWD. In response to some of the remarks expressed during public testimony, the Utilities Director noted as follows: with regard to the concerns of the Public Works Director of Fountain Valley as referenced by Ms. Linhoff, he stated the City did address all of those comments prior to the City Council approving the EIR; concerning the use of the seawater line, he stated that alkalinity in water tends to deposit on the walls of pipes • rather than corrode them; and he is very confident the pipeline will meet the needs of the City and felt it would not be beneficial to the City to spend an additional $2.5 to $3 million to construct a new pipeline; with regard to nitrates in the drinking water, he stated this is an area of focus and concern of the Regional Water Quality Control Board as well as public agencies, however, with the technology that is used in the tertiary treatment for that reclaimed waste water and its injection, it is very effective in removing salts and their various components, including nitrates; concerning Mr. Pham's comments regarding whether or not this project will be an independent source of water supply, he stated the groundwater project will be an alternate source of water supply. .otion x Hearing no further comments, motion .11 Ayes was made by Mayor Hedges to receive and file the subject report. CURRENT BUSINESS • 26. Report from Traffic Affairs Committee TAC /Pkg concerning APPEAL FROM DENYS OBERMAN, Oberman OWNER OF 1210 H. OCEANFRONT, to permit (85) parking behind her home in the public alleyway. Volume 48 - Page 460 CITY OF NEWPORT BEACH OU&NDURINE ROLL CALL A 3 Q F~— 3 w Q 'n g = X ° 'r o d J Z o November 28, 1994 INDEX The City Clerk advised that after the TAC /Pkg agenda was printed, a letter was faxed to City Hall from the appellant • concerning her request. Rich Edmonston, City Traffic Engineer, addressed the Council and summarized the subject item. He stated that the alley behind the appellant's property is 20 feet in width and is the only access to the homes along the ocean for the residents as well as emergency vehicles; Ms. Oberman has indicated to staff that for many years she parked at the rear of her property in a manner that encroached one to two feet into the public alley without receiving any citations from the Police Department; however, this past year, she has received a number of citations; staff is concerned about the impact of that alley width because of vehicles parking behind the garages as well as access by emergency vehicles. He referenced photographs which depict the wide range of setbacks along that stretch of alley from zero to eighteen feet, and stated he felt the Traffic Affairs Committee denied the subject request because of the issue of access to parking and • public safety response vehicles. Denys Oberman, appellant, 1210 W. Oceanfront, addressed the Council and displayed an illustration of the subject alley. She stated she only has one parking space at her home, and recommended that consideration be given to designating the alley behind 12th Street as "One- Way;" she felt this remedy has been applied successfully in other City streets and alleys where there is an issue of passage; she noted that the alley is in a residential neighborhood and not adjacent to piers or commercial areas which necessitate high volume traffic; she has polled the residents in her area and they are in agreement that some accommodation is in order. In response to questions raised by various Council Members, she stated she resides in her home with her fiance and brother and each person has a vehicle; she only has a 1 -1/2 car garage so two of their vehicles park in the alley; she stated it is very rare when parking is available on the street. ® Mayor Hedges stated that from a policy standpoint he would question whether or not the City should allow the use of City property in this manner, and if the answer is yes, then is it granted individually or addressed in a more comprehensive form? Volume 48 - Page 461 ROLL CALL Motion All Ayes • Motion All Ayes • • CITY OF NEWPORT BEACH U' X Q W F~-- D= 3 Cr X> W Q Z M W 2 O U J C7 Ld O November 28, 1994 x Following consideration, motion v made by Mayor Hedges to sustain t decision of the Traffic Affai Committee denying the request to use portion of the alley for parking, b that staff be directed to investiga the feasibility of establishing a on way alley between 9th and 13 Streets, as well as the overa question as to whether or not t alleys in the subject neighborho would lend itself to some type parking. 27. Letter of resignation from Philip Bettencourt, representative from t Building Industries Association on t ECONOMIC DEVELOPMENT COMMITTEE. x Motion was made by Mayor Hedges defer appointment to January 9, 199 Meeting adjourned at 10:32 p.m., in memo of Hugh Brian Fitzpatrick, (passed am November 22, 1994) who made a maj contribution to transportation and econom issues in Orange County, Sacramento a Washington, D.C. The agenda for this meeting was post on November 23, 1994, at 3:30 p.m., the City Hall Bulletin Board locat outside of the City of Newport Bea Administration Building. Mayor ATTEST: �¢ P Cft3F Clerk Volume 48 - Page 462 ss he rz a it to th L1 ie �d �f R. he he to i. ry sy Dr Lc ad ad on ad eh � � a MINUTES INDEX Economic Dev Committee (24)