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HomeMy WebLinkAbout03/24/1986 - Regular Meeting• Present x x Motion All Ayes Motion All Ayes n • • X x x x x X x Mayor Maurer presented a Proclamation to a representative of the American Red Cross recognizing March as 1 °Red Cross Month." A presentation was given regarding the Statement on World Peace by the Spiritual Assembly of the Bahais of Newport Beach. A Distinguished Service Award from the California Youth Authority was presented to the Newport Beach Police Department for their Substance Abuse Program. A. ROLL CALL. B. The reading of the Minutes of the Meeting of March 10, 1986, was waived, approved as written, and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Maurer opened the public hearing and City Council review of USE PERMIT NO. 3185, a request of JAMES ADAMS, Newport Beach, to permit the construction of an office building in the Mariners Mile Specific Plan Area which exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District and contains a gross structural, area in excess of .5 times the buildable area of the site. The proposal also includes a modification to the Zoning Code so as to allow the use of compact and tandem parking spaces for a portion of the required off - street parking, and a request to use a substandard aisle width with wider than normal parking spaces for a portion of the required parking; and the acceptance of an Environmental Document. As an option to the tandem parking spaces, the applicant is willing to purchase an equal amount of in -lieu parking spaces on an annual basis in the Mariners' Mile Municipal Parking Lot. Property located at 2620 Avon Street, on the northerly side of Avon Street between Riverside Avenue And Tustin Avenue; zoned SP -5. Report from the Planning Department, was presented. Council Member Strauss commented that this item had been called up by him, and at that time it was only two or three Volume 40 - Page 92 J/P 3185 (88) COUNCIL MEMBERS • Motion All Ayes • Motion All Ayes • • x x MINUTES March 24, 1986 days after the Planning Commission had approved it, and therefore, the Council did not have available to them the minutes of that meeting, but were aware there was a height problem. Subsequent to that time he has talked with the applicant and people that live close to the proposed development, and as a result, he has no problem with the height issue whatsoever and will support the Planning Commission's recommendation for approval. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission. E. PUBLIC COMMENTS: 1. Dr. Skinner, 1724 Highland Avenue, addressed the Council regarding the need for additional pump -out stations in the bay. He distributed a map depicting the harbor divided into nine zones where the facilities were necessary. He stated that all boats would be within one -half mile, or six minutes from a pump -out station, and offered his assistance so that such a program can be implemented. Mayor Maurer advised Dr. Skinner that he had just received a report on this issue today and that pump -out stations are being planned in every zone, except Zone 6; that within the year, eight pump -out stations should be completed, and within 18 months, there should be a total of ten. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on April 14, 1986: (a) Proposed ORDINANCE NO. 86 -4, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.04 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO GENERAL PROVISIONS OF BUSINESS LICENSES AND REGULATIONS. Volume 40 - Page 93 Stations Ord 86 -4 Business License Regulations (27) COUNCIL MEMBERS n\ ��9GSnG�tn9G.p���� • • • • • R� $ MkIM91 • 9C \ F MINUTES March 24, 1986 2 (b) Removed from the Consent Calendar. (c) Proposed ORDINANCE NO. 86 -6, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 9.04 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADOPT THE UNIFORM FIRE CODE, 1985 EDITION (Report from the Fire Chief). ` RESOLUTIONS FOR ADOPTION: (a) Resolution No. 86 -17 opposing Assembly Bill 2994 authorizing the transfer of litigation challenging certain land use decisions by a local entity to a county other than the one in which the local agency is located. (Report from the City Attorney) (b) Resolution No. 86 -18 amending Resolution No. 9782 pertaining to Business License Fees pursuant to Title 5 of the Newport Beach Municipal Code. (Report from the City Attorney) Ord 86 -6 Fire Code (41) lea 86 -17 (48) Lic /Fees Res 86 -18 (27) (c) Resolution No. 86 -19 authorizing PD participation of Newport Beach Res 86 -19 Police Department in the Remote (70) Cp-,24 /V Access Network of the California C3 g) Identification System (Cal -ID). (Report from the Police Department) (d) Resolution No. 86 -20 authorizing Traffic/ traffic control at certain Seashore Dr intersections at Seashore Drive. Res 86 -20 (Report from Traffic Affairs (85) Committee) (e) Resolution No. 86 -21 approving an Personnel/ agreement between the City of M -O -U Newport Beach and the Newport Beach Firefighters Firefighters Association regarding Res 86 -21 compliance with the Fair Labor C -2060 Standards Act. (Report from (38) Personnel Director) (f) Resolution No. 86 -22 consenting to CATV /Grp W the reorganization of Group W Res 86 -22 Cable, Inc. (Report from Executive (42) Assistant to the City Manager) Volume 40 - Page 94 COUNCIL MEMBERS \CALROLL G�if March 24, 1986 MINUTES 1!.`1OW1 3. CONTRACTS/AGREEMENTS: • (a) Award Contract No. 2549 to Sierra St Light Pacific Electrical Contracting, Cnvsn PhsII Inc., in the amount of $216,568; C -2549 . and authorize the Mayor and City (38) Clerk to execute said contract for Street Light Conversion Program, Phase II [see Budget Amendment No. 075]. (Report from Public Works) (b) Authorize the Mayor and City Clerk PCH Wideng/ to execute a Local Agency /State Bayside- Agreement to provide the necessary MacArthur right -of -way supervision for the C -2560 acquisition of property needed to (38) widen Coast Highway [Coast Highway Widening, Bayside Drive to MacArthur Boulevard]. (Report from Public Works) 4. COMMUNICATIONS - For referral as indicated: (a) Removed from the Consent Calendar. (b) To Library for response, letter Library from Margaret Howland regarding (50) suggestions for placement of paperback books, magazines and new books at Newport Center Library. (Attached w /reply to Mrs. Howland from Acting City Librarian) (c) To City Attorney for inclusion in City Atty/ the records, Notice of Hearing SPON /Ping scheduled for June 2, 1986, at 9:30 (31/68) a.m.,in Department 21 of the Superior Court of State of California, Orange County, regarding SPON vs. City of Newport Beach [vacate and set aside Council action on November 12, 1985 adopting Ordinance No. 85 -30, amending Council Policy S -1; and certifying a negative declaration in connection with the project]. (d) To staff for response, complaint PW /Bal....is from Alan L. Blum regarding Sdwlks /Alys maintenance and responsibility of (74) stagnant water on sidewalks and alleys on Balboa Island after high tide or heavy rains. • (e) To Marine Department for reply, Marine Dpt letter from Eric Keawekane (51) requesting a change in the time the "black balled11 flag is displayed so • that surfers can enjoy the better surfing areas. Volume 40 - Page 95 CITY OF NEWPORT BEACH COUNCIL MEMBERS C \r s o S S 9 q1 �-V c�F 62f10 1 March 24, 1986 MINUTES INDEX (f) To Marine Department for response, Marine Dpt letters from Howard E. (51) Waldstreicher, Peter C. Vail and Steve Schuster in support of a live • bait receiver. (g) To City Clerk for inclusion in the Ping /Lido records, letter of appreciation Prk MHPrk from Patricia Krimian, Secretary, (68) Lido Park Mobile Homeowners Association for Council's attention at the March 10 Council meeting regarding their lease of February 1984 and addendum of February 1986. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Division League of Cities Minutes of January 9, 1986. (b) Orange County Local Agency Formation Commission Minutes of February 5, 1986. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Larry Allbright alleging City Allbright Police Department did not return • gold chain when he was released after his arrest on February 24, 1986 at Pacific Coast Highway and Jamboree. (b) Monte del Bolinger claiming del Bolinger personal injuries sustained, loss of vehicle, work, etc., as a result of traffic accident at MacArthur Boulevard and intersection of Bonita Canyon Road on December 2, 1985, alleging dangerous condition of public property existed on and adjacent to said roadway. (c) Richard Carroll alleging Police arroll Department did not return his driver's license when he was released, as a result of arrest on January 25, 1986 at Newport Beach Police Department. (d) William A. Rodrigues alleging one Rodriguez green emerald earing not returned to him when he was released after his arrest on March 4, 1986 at the Newport Beach Police Station. Volume 40 - Page 96 SRI COUNCIL MEMBERS n0 t F3f11 C°�,9 March 24, 1986 (e) Stephen J. Ruzek alleging his truck Ruzek • hit by City truck he was working on at the Corporation Yard, Superior and Industrial Way on February 14, • 1986. 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Steven Bohunis Complaint for Bohunis Damages for Deprivation of Civil Rights and Demand for Jury, United States District Court, Case No. 86 -1266. Claim was denied by City Council on August 12, 1985. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Typist Clerk I, Parks and Recreation Department. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Simonis & Moreland Accountants, Finance/ Inc. letter to the City regarding Audit FY °85 financial statements /audit for the (40) • year ended June 30, 1985. (b) Memorandum from City Manager Insurance/ regarding STATUS OF PUBLIC Pblc Liab LIABILITY INSURANCE -- POLICY RENEWAL (47) 1986 -87. (c) Approval of COUNCIL POLICY A -10, Council 1°PROCEDURAL RULES FOR THE CONDUCT Policy A -10 OF CITY COUNCIL MEETINGS.° (69) 10. PUBLIC HEARING SCHEDULING - For April 14, 1986: (a) APPEAL OF SAID SHOKRIAN ON USE U/P 3191 PERMIT NO. 3191 - From the Planning (88) Commission decision of February 20, 1986, to include some seating and permit beer and wine to be served on the property at 3601 East Coast Highway, Corona del Mar. 11. SAN JOAQUIN HILLS TRANSPORTATION Building CORRIDOR - Uphold staff's SJHTC /Fee • recommendation to waive the San Joaquin Hills Transportation (26) Corridor Fee (SJHTCF) in the amount • of $17,212 due to the unique circumstances and unfortunate Volume 40 - Page 97 COUNCIL MEMBERS \CALG� 9G,p 9j, J ��9 F9 DOLL • • • • • n F` March 24, 1986 I NF14 timing involved in issuing the permit for this project. (Report from Building Director) 12. HARBOR PERMIT APPLICATION #124 -3400 - Harbor Perm Uphold staff's recommendation to approve 11124 -3400 the application by Duncan McIntosh to (51) temporarily revise a section of the commercial dock bayward of Lido Village, subject to conditions listed in the staff report. (Report from the Marine Department) 13. SPECIAL EVENTS PERMITS - (Reports from Permit/ Business License Supervisor) Special Evnt (65) Recommending denial: (a) Removed from the Consent Calendar. Recommending approval, subject to conditions listed in the staff report: (b) Application #86 -066, for Volvo #86 -066 1800 Club Car Show, to close Via Opporto in Lido Marina Village on April 27, from 10:00 a.m. to 3:00 p.m.; (c) Application #86 -036, for #86 -036 MacIntosh Boat Show, to close Via Opporto in Lido Marina Village, from April 3 through 21, 1986; and (d) Application #86 -057, for #86 -057 Newport Beach Athletic Club, for street closures at Newport Center for a run on April 20, 1986. 14. GAS LINE FROM OIL FIELD TO HOAG HOSPITAL Hoag Hsptl/ (C -2522) - Accept the work; and Gas Line authorize the City Clerk to file a C -2522 Notice of Completion and release the (38) bonds 35 days after Notice of Completion has been recorded, provided no claims have been filed. (Report from Public Works) 15. SIDEWALK, CURB AND ROADWAY PAVEMENT Bal Pnsla/ REPLACEMENT ON BALBOA PENINSULA (C -2555) Sdwlk /Curb - Approve the plans and specifications; C -2555 and authorize the City Clerk to (38) advertise for bids to be opened at 11:00 a.m. on April 16, 1986. (Report from Public Works) Volume 40 - Page 98 COUNCIL MEMBERS \CAL<*®LL Gss 9 � March 24, 1986 MINUTES I'w IN 16. BALBOA PARKING LOT TICKET BOOTH (C -2398) Balboa Prkg • - Approve the plans and specifications; Lot TcktBth and authorize the City Clerk to C -2398 advertise for bids to be opened at 11:00 (38) a.m. on April 17, 1986. (Report from . Public Works) 17. TRACT NO. 12309, LOT 4 - Approve a Tract 12309 Subdivision Agreement guaranteeing completion of the public improvements required with Tract No. 12309, Lot 4 (portions of Block 51 and 57, Irvine's Subdivision, located on property bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and San Diego Creek in the North Ford Planned Community); and authorize the Mayor and City Clerk to execute said agreement. (Report from Public Works) 18, CORONA DEL MAR ELEMENTARY SCHOOL SITE - dM ElmSchl Accept the offer of dedication of a park Site Prk site, Lots 16, 18, 20 and 22, Block 631, (74/62) Corona del Mar Tract; accept the offer of dedication of a municipal parking lot, Lots 15, 17, 19 and 21, Block 631, Corona del Mar Tract; (Lots No. 15 -22, Block 631, Corona del Mar Tract, located on the southeasterly side of Carnation Avenue between Second Avenue and Fourth • Avenue in Corona del Mar) and authorize the Mayor and City Clerk to execute subject deeds. (Report from Public Works) 19. IMPROVEMENTS IN TRACT NO. 12164 - Accept ract 12164 the public improvements constructed in conjunction with Tract No. 12164 (Tract No. 11041, located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as Belcourt Area ' %,11 within the Aeronutronic Ford Planned Community); authorize the City Clerk to release the Faithful Performance Surety in the Form of an ' Assignment (No. 25- 09000358) and release the Labor and Material Surety in the form of an Assignment (No. 25- 09000341) in six months, provided no claims have been filed. (Report from Public Works) 20. IMPROVEMENTS IN TRACT NO. 11604 - Accept Tract 11604 the public improvements constructed in conjunction with Tract No. 11604 (Tract . No. 11041, located on the southeasterly corner of Bison Avenue and Jamboree Road, commonly known as " Belcourt" Area 8, within the Aeronutronic Ford Planned Community); and authorize the City Clerk to release the Faithful Performance Volume 40 - Page 99 MINUTES fl fT*7 Surety in the form of a pass book • account (#25- 09000374) and release the Labor and Material Surety in the form of • a pass book account (7125- 09000366) in six months, provided no claims have been filed. (Report from Public Works) 21. BUDGET AMENDMENTS - For approval: (25) BA -070, $2,000 - Transfer of Budget Appropriations for donation to the Imagination Celebration; Nondepartmental Fund. BA -071, $5,205 - Increase in Budget Appropriations for regulator beach signs, truck bed for new chassis, and arrowboard for top of truck; General Fund. BA -072, $17,111 - Increase in Budget Appropriations and Revenue Estimates for developer's contribution to improvement of 28th Street at Lafayette Avenue; Contribution Fund. BA -073, $5,000 - Decrease in Unappropriated Surplus and increase in Budget Appropriations for consultant to seek passage of Senate Bill 1694; • Nondepartmental Fund. BA -074, $12,500 - Decrease in Unappropriated Surplus and increase in Budget Appropriations for replacement of damaged canopy which provided shelter and area lighting over diesel fuel island at the Corporation Yard; General Fund. BA -075, $216,520 - Increase in Budget Appropriations and Revenue Estimates for State Energy Commission loan for Phase II of Street Light Conversion Program; General Fund. BA -076, $500 - Transfer in Budget Appropriations for purchase of hangers for Council Chambers art works; Nondepartmental Fund. (Report from the krts Cmsn Executive Assistant to the City Manager) (24) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: . 1. Request from Corona del Mar Chamber of hristmas Commerce to include in the 1986 Budget, ecorations/ the Chamber donated Christmas dM Chmbr . trees /decorations for the east entrance (25) of Newport Beach and Pacific Coast Highway, was presented. Volume 40 - Page 100 4 MINUTES 1Rq&JMr4 M tion x Motion was made to refer subject letter Ayes to budget considerations next month. 2. Application #86 -084, for Karl Drews ermit /Spcl Wedding, to close Ocean Blvd., between Evnt Orchid and Narcissus for four hours on #86 -084 May 17, 1986, was presented. (65) Karl Draws, 3516 Ocean Boulevard, addressed the Council and spoke in favor of his request. He stated that he was getting married on May 17 and is desirous of having the reception at his parents' home on Ocean Boulevard. There would be a band, a few tables placed outside for dining, and hopefully the street closed. He had signatures of affected neighbors endorsing the event, and if approved, will provide the required certificate of insurance for $1 Million. In addition, no alcoholic beverages will be served on the street, only in the residence. He noted that approvals had been given by the Fire and Traffic Departments; however, the Police Department was recommending denial. Motion x Council Member Agee stated that he could Ayes x x x x x x not support the request, inasmuch as Noes x Ocean Boulevard is a major thoroughfare; and therefore, moved to deny the request for street closure. 3. Proposed ordinance pertaining to the Ord 86 -5 Uniform Transient Occupancy Tax, was UniformTOTx presented. (40) The City Clerk advised that after the agenda was printed, a letter was received from the Arts Commission recommending that 25% of the proposed 1% increase of the Transient Occupancy Tax be designated for "Art in Public Places." Council Member Hart expressed her dissatisfaction with some of the language in the proposed ordinance which states, "The tax shall be deposited in the General Fund and utilized for general revenue purposes." She stated she did not feel the wording clearly reflected what the tax will actually be used for, and that there should be a report clarifying such proposal when the Council considers its adoption. Volume 40 - Page 101 COUNCIL MEMBERS c� J o ai 3 ti 9 �¢ 99 CGS 9G9 99,' c�F ROLL CAL Gds ��� �� $�� March 24, 1986 MINUTES In response to Council inquiry, the UniformTOTx • Assistant City Attorney stated that after Proposition 13, there became two general classifications of taxes. One classification is what is called a "general1° tax, which is a tax raised for • general revenue purposes that is put into the General Fund with no specific statement regarding the raising of that tax, and what it will be used for. The other classification is a "special" tax that is earmarked for a specific purpose and the specific purpose is stated in the ordinance. This tax requires a vote of the electorate and 2/3 of the voters must give their approval. The Assistant City Attorney continued by stating that what the City is doing in this situation is to raise the tax from 8% to 9 %, and then during the budget process the Council can choose what to do with any portion of the 9% after it goes into the General Fund. It is her understanding that the City Council is going to consider allocating some of the additional funds, after the funds are put into the General Fund, to a number of specific purposes such as the Newport Beach Conference and Visitors Bureau and the City's Arts Commission. • Council Member Strauss stated that he felt the Assistant City Attorney's explanation was very clear, but it was also very clear to him that the proposed procedure was an indirect way to get around the law. There has been a specific request from the Conference and Visitors Bureau, who want to take the 1% increase and use it for a certain purpose, and to handle this matter in two parts to get around the 2/3 vote strikes him as something less than a direct way of approaching this situation. As a second issue, Council Member Strauss stated that he does not agree with the idea that the City should subsidize any industry, including the hotel industry, and it seems to him that the City Council is bouncing away from the free enterprise business and into the subsidy business, which he does not support and will oppose in principle. • Council Member Agee stated that the City Council has made a conscientious effort • over the years to keep hotels limited in number, including limiting the size of conference rooms, etc. He feels the Volume 40 - Page 102 COUNCIL MEMBERS \CAL s� ro ti ti 9 ROLL March 24, 1986 MINUTES 1W61W14 Council has a commitment to try and make UniformTOTx • the industry successful and look to all options available to successfully fill those hotels. He also feels the Council should select the less "cumbersome" . option and have this issue decided by a majority vote of the Council rather than 2/3 of the electorate. Council Member Heather stated that she "echoed" Council Member Agee °s remarks. She also felt the Arts Commission made a good point in their letter of request for 25% of the proposed 1% increase. Chip Stuckmeyer, President, Newport Beach Conference and Visitors Bureau, addressed the Council and stated that he was speaking for the hospitality industry of Newport Beach, which includes restaurants, shops and also hotels. The hotels are not asking for the money. The hotels are willing to tax themselves to help promote the City of Newport Beach. With regard to the request by the Arts Commission, the funding to attract visitors to spend money in the City vs. funding to enhance art in the City are two different issues which he has not been able to discuss • with his board as yet. Deborah Polonsky, Member of the Arts Commission and Chairman of Art in Public Places, addressed the Council and stated that Newport Beach is a wonderful place in which to live and a beautiful place to visit. However, a resource that is missing is public art. Art in Public Places wants to expand art from the museum to the City streets. They are requesting 25% of the proposed 1% increase be designated for Art in Public Places because they believe that their objectives and those of the Conference and Visitors Bureau are complimentary. The Arts Commission promotes sculptural services for the enrichment and pleasure of residents and visitors, and the Conference and Visitors Bureau promotes Newport Beach as a desirable location for visitors and conferences. More visitors would create a need for more cultural attractions and more cultural attractions bring more visitors. Together they could work to enhance the • economic vitality of Newport Beach. • Volume 40 - Page 103 $ •. F t t j . �- M COUNCIL MEMBERS \CALROLL March 24, 1986 MINUTES 1 M tion x Following further discussion among the Ayes Council, motion was made to introduce and pass to second reading on April 14, 1986, proposed ORDINANCE NO. 86 -5, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3.16 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO UNIFORM TRANSIENT OCCUPANCY TAX. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from the Tidelands Affairs Harbor Perm Committee regarding HARBOR PERMIT #256 -504 APPLICATION #256 -504 by Robert Teller (51) and Byron Stiegemeyer, was presented. Report from the Marine Department, dated February 24, 1986, was presented. It was noted that this application was referred to the Tidelands Affairs Committee by the City Council on February 24, 1986. On March 7, 1986, the Tidelands Affairs Committee met with • one of the applicants,•Byron Steigemeyer and his representative Mitch Brown, at which time the project was discussed in detail. The applicant has indicated the purpose of the building on the docks is to carry out the upland architectural theme from the land side to the docks for an overall blending. The Balboa Island Improvement Association voted 9 to 3 in favor of the building on the docks, with 3 abstentions. With regard to the existing pier and floats, which are in desperate need of repair, it was pointed out that the applicant is proposing a total demolition of the deteriorated structure and a complete rebuilding. Motion x Following consideration, motion was made All Ayes to approve the application to revise the commercial pier and float bayward of 504 South Bay Front, subject to the conditions of approval listed in the staff report. ' 2. Report from the Executive Assistant to Arts Cmsn/ the City Manager regarding R. BRET PRICE Metalphor • SCULPTURE "METALPHOR,1° was presented. (24) Volume 40 - Page 104 COUNCIL MEMBERS co d'� o ti v �c� gap ��� `���, plop 0. ®p Gad' ��P �P March 24, 1986 MINUTES It was noted that the Arts Commission is Arts Cmsn/ • recommending that the sculpture be Metalphor placed in front of City Hall near the location of the existing structure, which commemorates the Nation's 200th • Anniversary. The Arts Commission further recommends that the commemorative sculpture be removed and relocated to the garden area opposite the entrance to the planning building. It was also pointed out that the staff's recommendation is to place the sculpture at a location near 32nd Street, as both " Metalphor" and the commemorative sculpture are heavy and difficult to move. The front lawn location will require heavy equipment on the recently landscaped area necessitating expensive repairs. In addition, the City does not have the capability of relocating the existing commemorative sculpture, and an outside contractor will be necessary. Council Member Agee spoke in favor of the Arts Commission recommendation. Mayor Pro Tem. Plummer indicated she was not in support of either recommendation, and expressed her desire to place the sculpture near the entrance of City • Hall. She also suggested this item be referred back to the staff and Arts Commission to come up with a more suitable plan. Patti -Gene Sampson, Chairman of the Arts Commission, addressed the Council and introduced Bret Price, Sculptor of " Metalphor." Mr. Price addressed the Council and stated that the map attached to the staff report does not accurately reflect exactly where the sculpture will be located. It is proposed that " Metalphor" be placed towards the front of City Hall and closer to the main sidewalk going into the building. The sculpture is a 19 -foot -long I -beam, which is 9h feet tall and weighs approximately 1200 lbs. He suggested a forklift be used in its delivery. M ion x Following discussion, motion was made to Ayes concur in the recommendation of the Arts Commission. Volume 40 - Page 105 MINUTES iiM0:614 • 3. Letter from Gilsand Company regarding scheduling an earlier hearing date for Cannery Vlg/ Property the Cannery Village lots, was presented. Acquired (73) The City Clerk advised that after the • agenda was printed, a letter was received from Ben Jackson, Attorney for the Gilsand Company, to City Attorney Robert Burnham, dated March 21, 1986, regarding Eminent Domain Proceedings for 411 -413 30th Street. It was noted by staff that this item was scheduled for continued public hearing on April 28, 1986, and the letter from the Gilsand Company is requesting that the hearing be scheduled for April 14, 1986. Ben Jackson, Attorney for the Gilsand Company, addressed the Council and discussed some of his concerns, as set forth in his letter to the City Attorney. He stated that the Gilsand Company is ready to proceed and it makes it very difficult when the project is continually delayed. They are in a waiting period right now and nothing is occurring. What they are asking is that, as soon as possible, the City • Council make a decision and let them out of the suspense. It is their strong desire that the project approved by the City Council in November, 1985, be allowed to develop. Motion x Council Member Hart stated that this project was given Council approval approximately five months ago, and she felt it had "dragged" on long enough, and therefore, moved to allow the Gilsand Company to proceed with their project. Council Member Cox stated that he concurred in Council Member Hart's remarks. He also felt there was a lack of community support and cooperation in terms of getting to the goal of dealing with the parking issue that once was the goal of the community several years ago when this was first initiated. He felt the Council should negate the condemnation proceedings and let the • Gilsand Company proceed. Volume 40 - Page 106 COUNCIL MEMBERS c s o s s v ROLL CAL G�`r ZAP March 24, 1986 MINUTES r Council Member Strauss stated that he Cannery shared the views of Council Members Cox Village/ • and Hart, as he too felt that getting Property into the condemnation proceedings was Acquired not particularly appropriate, and • therefore, would be pleased to see the issue terminated. Council Member Agee stated that he was surprised to hear a "change of heart" so rapidly from some Council Members. He stated that this recommendation for parking came out of the Off- Street Parking Committee's efforts, and as everyone knows, has been a very difficult issue to deal with over the years. He would hope, for the Committee's sake, that the Council would have the courtesy to wait this out until the hearing on April 28, and if there is no alternative to consider at that time, he is prepared to make a decision on this issue so that the Gilsand Company will know where they stand. Mayor Pro Tem Plummer stated that she felt it would be very premature to drop the condemnation proceedings at this time from the standpoint that the initial contact was made by the Assistance League to expand their • parking because they wanted to expand their dental clinic service, and if the alternative the Council is considering is going to be the answer, then the Assistance League will be the beneficiary; however, if it doesn't materialize and there is no plan to provide parking, then not only will the City be the loser, but also the Assistance League. She felt that until the City Council has more information about the alternative plan, they should not stop everything and proceed with the hearing on April 28. In response to Council Member Cox's inquiry into the so- called "alternative plan," the Planning Director stated that when difficulties started to occur regarding the Gilsand properties, and acquisition of the Assistance League lots, there was another property owner in the Cannery Village area that came forward to indicate that they had an interest in perhaps working out an • arrangement with the City in the event the Assistance League / Gilsand lots were not to be considered any longer. It is • a different group of lots in close proximity to the subject lots. Volume 40 - Page 107 COUNCIL MEMBERS c+ J o 2i S ti 9 O� 9,g CG3 9G9 q,QA tn�,� CAF ROLL CAL G�`P March 24, 1986 MINUTES iTO Ayes x x x Following further comments, the motion X x x x to allow the Gilsand Company to proceed at this time was voted on and FAILED. ion x In view of the foregoing, motion was Ayes made to deny the request to reschedule the hearing for April 14, rather than April 28 as scheduled. J. CURRENT BUSINESS: 1. Verbal presentation was made by Npt 2000/ Representatives of Newport 2000, Organz concerning survey results from Newport (61) Beach homeowners. Louis Scott, 2561 Circle Drive, representing Newport 2000, addressed the Council and stated that the purpose of their slide presentation was to present highlights from a survey of residents which was conducted under the sponsorship of Newport 2000. The survey was done in the Fall of 1985 and January, 1986. Their purpose was to examine homeowner attitudes on a number of issues important to the community, which are: Airport Expansion Traffic and Parking • Quality of Bay Water Police and Fire Protection Redevelopment and Zoning Industrial and Commercial Development Overall Quality of Life City Council Mr. Scott stated that his background is marketing and that he was personally involved in conducting the survey which was completed in a very professional manner. The survey was sent to 1,219 randomly chosen Newport Beach homes, and 12.2 percent of the people sampled responded. The Council viewed the results of the survey, and in concluding the presentation, Mr. Scott advised that they have prepared a proposed traffic management initiative ordinance to amend the City's general plan and will be filing the document with the City Clerk tomorrow morning. The purpose of the initiative is to prevent further build -up of traffic congestion in the • City and puts a "lid" on significant Volume 40 - Page 108 • 1 �/� FvT , }`4� � µ 4•{ .'4 M �, N'k L. �a El 3. COUNCIL MEMBERS March 24, 1986 -o o R[1 A Q r MINUTES new, large -scale development until the Npt 2000/ roadways and intersections in the City Organiz are adequate to accommodate the increased load generated by the development. They are prepared to take • the initiative to the voters and place it on the November ballot. Council Member Cox stated that he knows Mr. Scott as they both are in the same business, and is shocked that Mr. Scott would lend his name to such a "sham." He stated that apparently Newport Beach politics is coming back to the dirty tricks days of what occurred some years ago. He, in all of his experience and profession, has never seen such a proposal which is supposedly called a "survey," and feels the document is a fund - raising document, rather than a survey. He pointed out that the document has a cover letter attached to the questionnaire, which addresses "fellow homeowners" cites examples of ineptness of the City Councils failure of the City Councils high -rise in Corona del Mar, etc.; and in conclusion asks for money to be contributed to their committee. He stated it was obvious the document is not a survey and would hope the City Council will not allow itself to be "duped0° by such political maneuvering. It is also obvious this presentation was for the benefit of the news media and he would hope the news reporters get their facts correct before printing anything as erroneous as this document. This document is from a political action committee which has its own intent and desires, of which he has no quarrel with, but to try and get the City Council to believe that the results of the survey represents the opinions of the residents of Newport Beach is absolutely wrong. There were no additional comments from the Council and no action was taken. 2. Report from Executive Assistant to the Trolley City Manager regarding proposal and Service/ contract for Trolley Service, was CSS Venture presented. C -2561 (38) Letter from The Irvine Company expressing an interest in participating in the City's experimental trolley • program, was presented. Volume 40 - Page 109 �. ;fir` -.j COUNCIL MEMBERS C s s s v 0'f' 9.V6 CG�i qG.p ��A FAA CF`(� Rnj g ,eg ss ��' �� $�'P March 24, 1986 MINUTES v The City Manager referred to Page 3 of Trolley the staff report and noted that Service/ commitments for Interior Ads have been C&S Venture revised to 15 for $15,000 and the projected subsidy is, therefore, . decreased to $88,370 based on revenues as set forth in the report. Council Members Agee, Plummer and Heather spoke in support of the proposed Trolley Service. Mayor Maurer stated that he was in favor of the proposal; however, he did not like the proposed route and did not think the trolley should go out onto the Peninsula because of the traffic and turn- around time. He suggested the route be from Corona del Mar to Lido Village and City Hall, via Bayside Drive, but not onto the Peninsula itself. Council Member Strauss stated he will support the Trolley Service; however, he does not want to see the Peninsula excluded from the route. Council Member Agee summarized the route proposed for the Trolley, noting it is to begin in the extreme end of Corona del Mara with stops at Oasis, the Corona del Mar Business District, Newport Center, entrance to Balboa Island, Mariners Mile area, Lido Village /Cannery Village /City Hall area, and turning around in the Balboa area. Council Member Hart suggested the staff look into including a stop near Corona del Mar State Beach, as well as possibly Ford Aeronutronics and Hughes for morning and evening stops. Council Member Cox suggested staff investigate the possibility of including the residential areas in Harbor View Hills and in Council Member Heather's District. Council Member Agee made note of the suggestions, indicating they would all be given consideration by the Off- Street Parking Committee. s Volume 40 - Page 110 �o¢ on Ayes • • MEMBERS March 24, 1986 x There being no further comments, motion was made to approve the Operating Agreement for Trolley Service, and direct the City Manager to make provisions in the 1986 -87 Budget for such service. K. ADDITIONAL BUSINESS: None. Meeting adjourned at 10:25 p.m. MINUTES Volume 40 - Page 111 Trolley Service/ C &S Venture