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HomeMy WebLinkAbout06/23/1986 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES \C0 0 2i s 5 9 REGULAR COUNCIL MEETING 99A cPLACE: Council Chambers d, TIME: 7:30 P.M. DATE: June 23, 1986 f61nGy Present x x x x x x x A. ROLL CALL. Motion x B. The reading of the Minutes of the All Ayes Meeting of June 9, 1986, was waived, approved as written, and ordered filed. Don x C. The reading in full of all ordinances All Ayes 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 UP 3122 and City Council review of an appeal by (88) attorneys for Roland Vallely and the VALLELY FAMILY, Newport Beach, from the decision of the Planning Commission on May 8, 1986, approving USE PERMIT NO. 3122 (AMENDED) and WAIVER OF PARCEL MAP REQUIREMENT_. Use Permit No. 312-2 - (Amended) requests amendment of a previously- approved use permit which permitted the construction of a commercial building and related parking structure known as EDGEWATER PLACE, on property located at 309 Palm Street, on the northerly side of East Bay Avenue between Palm Street and Adams Street, in Central Balboa, zoned C -1. The proposed • amendment includes a request to delete Condition No. 2 which requires the fulfillment of all applicable conditions of Resubdivision No. 797. The Waiver of Parcel Map Requirement is a request to waive the requirement for a parcel map to create a single parcel of land where twelve lots, a portion of one lot, a vacated portion of Edgewater Place, and a portion of a vacated alley, now exist. Report from the Planning Department, dated June 9, 1986 and appeal, was presented. The City Clerk advised that after the printing of the agenda, a letter was received from Lowell C. Martindale, Jr., Attorney representing the Vallely Family Trust, stating they wish to withdraw their appeal as they have been able to reach an agreement with Edgewater Place. Motion x Hearing no one desiring to address the All Ayes Council on. this item, motion was made to close the public hearing and accept • withdrawal. of the appeal as requested. Volume 40 - Page 223 COUNCIL MEMBERS \CAL .O'ROLL • • a CITY OF NEWPORT BEACH June 23, 1986 MINUTES INDEX GPA 85 -1(B) (45) 2. Mayor Maurer opened the public hearing regarding: GENERAL PLAN AMENDMENT 85 -1(B) - Request initiated by the CITY OF NEWPORT BEACH, to amend the Land Use, Circulation, and Recreation and Open Space Elements of the Newport: Beach General Plan, so as to allow construction of an additional 1,275,000 sq.ft. of office uses, 248,000 sq.ft. of retail and restaurant uses, and 700 residential units on property located in Newport Center and various peripheral sites. Also proposed is a revision to the Circulation System Master Plan to delete the Avocado - MacArthur one - way - couplet and establish MacArthur Boulevard as a two -way major arterial roadway; and the acceptance of an environmental document; AND AMENDMENT 140. 9 TO THE CITY OF NEWPORT BEACH LOCAL COASTAL PROGRAM, LAND USE PLAN - Request to amend the Certified Local Coastal Program, Land Use Plan, for the Newporter North, Bayview Landing, and Pacific Coast Highway /Jamboree Road sites. Report from the Planning Department was presented. Letter from Orange County Environmental Management Agency regarding draft Environmental Impact Report for General Plan Amendment 85 -1(B) for Newport Center and Peripheral Sites was presented. Letter from Edward P. Benson supporting General Plan Amendment No. 85 -1(B) was presented. The City Clerk reported that after the agenda had been printed, six additional letters were received regarding the proposed General Plan Amendment from the following: (1) SPON (2) Newport Harbor -Costa Mesa Board of Realtors (3) Douglas Wood & Associates (4) Friends of Newport Bay (5) Newport Heights Community Association (6) Western Center on Law and Poverty Volume 40 - Page 224 INDEX GPA 85 -1(B) (45) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \0\�Mp ROLL F9 June 23, 1986 MINUTES INDEX Patricia Temple, Environmental GPA 85 -1(B) Coordinator, addressed the Council and (45) stated that the General Plan Amendment under consideration at this time was the subject of three public hearings held by • the Planning Commission in March, April and May of this year. In reviewing the various proposals associated with the General Plan Amendment, several issues were considered, including the balance of community and residential development, community facilities, and traffic and circulation. The project being recommended to the City Council by the Planning Commission is the original plan proposed by The Irvine Company as a framework, with revised plans and components to achieve an overall project which balances the uses within the Center and provides several community facilities requested during the public hearing process. Ms. Temple advised that the changes recommended by the Planning Commission include a change in Newport Village from a major office site to a residential use, a reduction of restaurant use on Bayview Landing, an increase in retail development in Fashion Island in order • to accommodate major tenant expansion, addition of a day care center and an athletic club within the plan, and preservation of open space and cultural resources on Bayview Landing, Newporter North and Westbay, and Fire Station reservation on San Diego Creek North. Ms. Temple reviewed the Land Use proposals on an individual basis as depicted on an aerial photograph on display for the following sites in Newport Center: (1) Fashion Island (2) Block 600 (3) Civic. Plaza Expansion (4) Block 800 (5) PCH /Jamboree (6) Corporate Plaza West (7) Newport Village (8) Avocado /MacArthur (9) Big Canyon /MacArthur (10) Bayview Landing (11) Newporter North (12) Westbay (13) San Diego Creek North San Volume 40 - Page 225 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL June 23, 1986 MINUTES INDEX It was also pointed out with respect to CPA 85 -1(B) affordable housing, that thirty percent (45) (30 %) of the total dwelling units constructed on all sites shall be affordable to low and moderate income • families, and that the term of affordability shall be 20 years from the date of initial occupancy. Ms. Temple further noted that contained in the staff report is a review of the Planning Commission's recommendation and a description of the formal responses of The Irvine Company. Clarification of the Planning Commission's intent in regards to MacArthur Boulevard improvements has also been prepared for Council's information. Mr. David Neish, representing The Irvine Company, addressed the Council and introduced Mr. Tom Nielsen, President of The Irvine Company, who presented the plan for completion of Newport Center. Mr. Nielsen stated that Newport Center is nearly 20 years old, and they believe it is time to upgrade the Center, to make it responsive to changing community needs for the next 20 years, and to fulfill the: original goal of making • Newport Center the "Town Center" for the Newport Beach Community. He stated they generally concur with the Planning Commission proposal as it incorporates the several. objectives they had in mind when they began their comprehensive plan for the completion of Newport Center over two years ago. Those objectives are: (1) Make Newport Center more of a community focal point by providing a greater variety of goods, services, activities and residential opportunities in an exciting architectural setting. (2) Resolve long standing planning, transportation, and housing issues for Newport Center and peripheral sites„ (3) Complete the undeveloped parcels in and around Newport Center and upgrade existing uses so as to . insure the long -term vitality and economic viability of the Center. Volume 40 - Page 226 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL June 23, 1986 MINUTES INDEX (4) Provide for a continuing strong GPA 85 -1(B) balance of mutually- supportive land (45) uses and activities including residential, office, retail, • recreational, and cultural. (5) Improve transportation, by completing the City's arterial system in and around the Newport Center area, by contributing to regional transportation solutions through the construction of Pelican Hill Road, and by implementing transportation system management techniques, such as the experimental shuttle, van pools, flex hours, through an on site coordinator. Mr. Nielsen stated that as has been indicated by staff, the plan before the Council tonight is not the same plan they originally submitted. Over the past year they have been meeting with and listening to their residential neighbors and the business community. Many ideas and suggestions were offered. In more than 30 separate meetings with community groups and three Planning Commission public hearings, they have heard that people want the City's road • system to be implemented; they want a greater variety of shopping and entertainment opportunities in Fashion Island; and they want identifiable cultural and community amenities in Newport Center. In working with staff and the Planning Commission, they have also heard the City's specific goals for increased housing opportunities in the community. The plan before you tonight they believe meets all these objectives. Mr. Nielsen discussed the proposed expansion of retail opportunities in Fashion Island, the new restaurant uses on the Bayview Landing site, which also includes a new park, their major commitment to new residential housing and the proposals for a cultural facility, day care facility, and health club. They are also working with the Restaurant Association and the PTA to provide the? opportunity for a "Teen Center" at one of the four restaurant sites they are requesting at Bayview • Landing. Volume 40 - Page 227 CITY OF NEWPORT BEACH COUNCIL MEMBERS co s o t 9q �!'�, qG,p q9� �9J, CF(n ROLL CAL G�i3' �F9 June 23, 1986 MINUTES INDEX In concluding his remarks, Mr. Nielsen GPA 85 -1(B) discussed transportation improvements (45) which are made possible by the plan, pointing out that a major component of the road program is the construction of • Pelican Hill Road, providing a by pass around Corona del Mar for regional through traffic. They are committed to implementing Pelican Hills Road at the earliest possible time, and have submitted preliminary plans for the profile and alignment of the road to the County for review and approval. Assuming General Plan approval for Newport Center, they expect to be under construction with Pelican Hills Road a year from now. With respect to major road improvements around Newport Center itself, they do not feel the completion of Newport Center generates the need for MacArthur Boulevard to be expanded to eight lanes between Ford Road and Bonita Canyon Road. The extension of San Joaquin Hills Road to Pelican Hills Road is also included. They intend to construct this road as early as possible. Mr. Nielsen also commented that their company will also contribute to various intersection improvements as needed to • improve traffic flow. In addition, they have met with members of the Mariner's Mile Association and nearby residents. While they are not proposing specific transportation improvements for Pacific Coast Highway in this area, they are proposing contributions toward improvements and are committed to working with the Mariner's Mile Association, residents, and the City on implementing improvements. In conclusion, Mr. Nielsen noted that the intensity of the proposed plan is significantly less than the allowed intensities in other areas of the City, such as Corona del Mar and areas north of Bristol Street. Their goal for Newport Center has been to create balance, not intensity, in order to ensure the Center's viability in the coming decades. The new development will contribute more than $1 million per year in surplus tax revenue (over and • above the cost of providing public services). He stated he hoped the Council would agree that Newport Center should remain a place of diversity and vitality and that it should fulfill its Volume 40 - Page 228 CITY OF NEWPORT BEACH COUNCIL MEMBERS (+ \15 ROLL COL t 9 June 23, 1986 MINUTES V1d *3 original vision as the "Town Center" for GPA 85 -1(B) Newport Beach. (45) Mr. Neish addressed the Council again and stated that there are two areas they • wish to take issue with regarding the Planning Commission's recommendations, i.e. (1) Bayview Landing and (2) dedication of the Westbay site. With regard to Bayview Landing, Mr. Neish commented that this is a 20 acre parcel, and because of its location and proximity to Upper Newport Bay, they thought it highly desirable for restaurant uses. Their original proposal was for 60,000 square feet with up to six restaurants in operation. Subsequently, they refined their plan and requested Planning Commission's consideration of 35,000 square feet for four restaurant sites. The Planning Commission voted to recommend 25,000 square feet total, with no restaurant uses to be located on the upper level of the parcel. They believe that the City's.goal for view preservation, public access, and a new view park can be accommodated in conjunction with their proposed development plans. Restaurant uses on the upper level of • the site will be located and designed so as to preserve the existing views of the bay. They will construct a view park at the expense of The Irvine Company. They are requesting City Council consideration for a total of 35,000 square feet which would permit two restaurants on the upper level and two restaurants on the lower level, including the proposed Teen Center. Pertaining to dedication of the Westbay site, Mr. Neish stated that The Irvine Company feels that the dedication requirement is somewhat premature, and that it is basically not associated with this General Plan Amendment request. They feel that the issues regarding the ultimate use of the Westbay parcel should be resolved through future discussions with the City and County of Orange over the feasibility of establishing an Upper Bay Regional Park, and would encourage those discussions to take place, but.not in conjunction with • Newport Center. Regarding the subjects of affordable housing and residential phasing, Mr. Neish commented that The Irvine Company Volume 40 - Page 229, CITY OF NEWPORT BEACH COUNCIL MEMBERS 0' s A 2i S S 9 p� 99 `G� .9G� �9� c< Rnl 1 rAl GS`P ��p F9 ��� June 23, 1986 MINUTES INDEX concur's with the staff's GPA 85 -1(B) recommendations on both of these key (45) items. In conclusion, Mr. Neish described the • proposed major landscape improvements, and their locations, in conjunction with this General Plan Amendment. He also discussed the improvement of Pelican Hills Road as referenced by Mr. Nielsen. The following persons appeared before the Council in favor of General Plan Amendment 85 -10): Audrey Moe, 4518 Roxbury Road, representing the Natural History Foundation of Orange County Dorothy Hardcastle, 507 "J" Street, representing Board of Directors of Speak Up Newport (SUN) Ronald E. Robison, 23 Tiburon Bay Drive William Hamilton, President, Newport Harbor Area Chamber of Commerce • Jane Boyd, 2512 Lighthouse Lane, representing Newport Harbor -Costa Mesa Board of Realtors Chuck Colesworthy, 450 Vista Roma Avenue: Patti - -Gene Sampson, 1942 Santiago Drive;, Chairperson, City Arts Commission Ray J. Johnson, One Trafalgar, President, Newport Harbor Art Museum Board of Trustees John Konwiser, President, Irvine Terrace Community Association Mary L. Richmond, 1307 Seacrest Drive Pam Howard, 1827 Tahuna Terrace Angela Monroe, 1104 Dolphin Terrace Ed Luse, 02 Fashion Island • Karen Evarts, 426 Piazza Pido, Chairperson, Library Board of Trustees Volume 40 - Page 230 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL J'� -0 1i ti ti 9 d ROLL June 23, 1986 MINUTES iNnF Y Dee Masters, 140 Fernleaf Avenue, GPA 85 -1(B) representing Corona del Mar Chamber (45) of Commerce (submitted letter) Richard Marowitz, 2719 Setting Sun Drive, President, Newport Center Association (submitted copy of resolution adopted by Association) Ray Watson, 2501 Alta Vista Drive Norma J. Glover, 450 Santa Ana Avenue William P. Ficker, 522 W. Ocean Front (submitted letter) Lee Spencer, 3716 Ocean Boulevard Michael Shea, 260 Newport Center Drive Chuck Hirsch, 4141 MacArthur Boulevard, former member of City's Transportation Committee (submitted letter) James Bailey, 2301 Margaret Drive Vin Jorgensen, 1533 Antigua Way Barbara Aune, 1800 Antigua Circle Jim Dale, 118 Apolena Avenue, representing Villa Nova Restaurant The following persons addressed the Council in opposition to the proposed General Plan Amendment: Jackie Pirkle, 216 Onyx, representing SPON (submitted letter) Ron Covington, President, Corona del Mar Community Association (submitted letter) Allan Beek, 1945 Sherington Avenue Dick Nichols, 519 Iris Avenue (submitted copy of map showing 1980 Traffic Flow) Karen Harrington, President, Newport Heights Community . Association (submitted letter) Susan Doering, 2627 Blackthorn Street, President, East Bluff Community Association Volume 40 - Page 231 CITY OF NEWPORT BEACH COUNCIL MEMBERS F June 23, 1986 O0 ROLL MINUTES INDEX Susie Ficker, 110 9th Street GPA 85 -1(B) (supports cultural facilities only) (45) In response to comments made by Ms. Pirkle regarding the EIR and inclusion • of SPON's comments in said EIR, the Environmental Coordinator responded that previous correspondence received from SPON was under the letterhead of their legal counsel in San Francisco, and therefore, a copy of the City's responses to comments were forwarded to that office. In response to the amount of development which would be permitted in the "down coast" area prior to construction of Pelican Hills Road, the Planning Director stated that there is a certain amount of development that The Irvine Company would be allowed to construct prior to construction of Pelican Hills Road. Said development would be limited to a certain number of dwelling units and a certain number of hotel rooms. Above and beyond that first threshold, the construction of Pelican Hills Road would be required. In reply to inquiry of Mrs. Doering regarding the EIR, the City Attorney advised that pursuant to State guidelines, the law states that a draft EIR shall be prepared directly by, or under contract to, the lead agency. In essence, the City either prepares the document in- house, or contracts with a consultant, which was done in this case. Therefore, it is the City's Environmental Document and not The - Irvine Company's. J. Leslie Steffensen, Cameo Highlands Drive, addressed the Council and spoke neither for or against the proposed General Plan Amendment. He expressed his support of representative government:, and indicated he felt the City Council would make the "right" decision with regard to the proposed development. Frank Robinson, 1007 Nottingham Road, representing Friends of Newport Bay, addressed the Council regarding the development of lands which may impact Upper Newport Bay ecological reserve, as enumerated in their letter of June 23, 1986. Volumd 40 - Page 232 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL G 9ss June 23, 1986 MINUTES wnry In response! to the concerns addressed in GPA 85 -1(B) the above letter, Fred Talarico, (45) Consultant, stated that he has suggested two different 100 foot setbacks regarding the Newporter North and John • Wayne Gulch sites; one which deals with the geological stability and the other which pertains to biological setback. The Environmental Coordinator pointed out that the site in question is the Newporter North parcel, and includes a bluff and biological resource area on the edge next to Newport Bay, and also an area commonly called John Wayne Gulch. The 100 foot setback is measured from the biological resources which along the bluff face constitutes the top of the bluff. In terms of John Wayne Gulch, the setback is from the actual location of biological resources which may be somewhat lower than the top of the bluff. Mr. Robinson stated he accepted the clarification which defines the biological resource as the top of the bluff, and stated he had no further comments. • In response to water quality of the bay referred to by Ms. Ficker, Mr. Talarico stated the subject was addressed in the EIR. He introduced James W. Anderson, Attorney, and former member of the State Water Quality Control Board, Santa Ana Region, who stated that the water quality near the Bahia Corinthian Yacht Club and the Balboa Yacht Club has been a concern of the Board for sometime now and therefore they conducted studies of the bacteriological quality of the bay. The City of Newport Beach has done considerable work on siltation and drainage control, however, the issues relative to the bay need to be addressed further by the Board and he believes those studies are being continued. He noted that the studies of the Board and the County Health Department do show that Newpert Beach is bacteriologically safe and meets the standards for body contact recreation during the Summer months. Marian Rayl, 426 San Bernardino, addressed the Council and requested clarification regarding the construction of Pelican Hills Road. She also asked Volume 40 — Page 233 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL-V S ROLL j' June 23, 1986 MINUTES T9Ti i ve "is it really necessary that there be GPA 85 -1(B) 'total' buildout of Newport Center for (45) The Irvine Company to assist the City in its cultural and community needs ?" • The Environmental Coordinator, in response to the above question regarding Pelican Hills Road, advised that pursuant to the EIR, the numbers that triggered the need for Pelican Hills Road in The Irvine Company's coastal development, is 150 residential units and 300 hotel rooms. In terms of The Irvine Company's development itself, the proposed construction of Pelican Hills Road is a 6 -lane major arterial roadway which will be a 6 -lanes divided roadway. In addition, Sand Canyon would also be developed in conjunction with the development as a 2 -lane road. Douglas Wood & Associates, 3800 Inlet Isle, representing Spyglass Hill and Spyglass Ridge Community Associations, addressed the Council and stated that both of their Associations are "generally supportive" of the proposed General Plan Amendment. However, their major concern is San Joaquin Hills Road, and would like to suggest the following revisions to the Planning Commission's • Conditions of Approval: (1) That Pelican Hills Road be completed from Coast Highway to MacArthur Boulevard prior to the extension of San Joaquin Hills Road. (2) That the extension of San Joaquin Hills Road be a 4 -lane primary arterial from its current terminus to Pelican Hills Road. (3) That dedication of necessary right - -of -way occur to accommodate San Joaquin Hills Road to a 6 -lane in the event of the need arising for its widening. (4) That there be an initiation of an amendment to the Circulation Element of the General Plan to redesignate San Joaquin Hills Road as a primary arterial, 4 -lanes divided, between Marguerite and • Pelican Hills Road. Volume 40 - Page 234 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL P o 3 S S 9 ROLL June 23, 1986 MINUTES I2A] *3 Grace Secketa, representing County of GPA 85 -1(B) Orange Environmental Management Agency, (45) Parks & Recreation, addressed the Council and requested that the Westbay site not only be designated as • Recreation and Open Space in the proposed General Plan Amendment, but also that dedication to the Orange County Harbor, Beaches & Parks District be required. Barry L. Allen, 1021 White Sales Way, representing Harbor View Hills Homeowners Association, addressed the Council and stated that their Association has reviewed the proposed General Plan Amendment and are in favor, with the exception of the staff's recommendation regarding the widening of MacArthur Boulevard. Their Association voted unanimously that MacArthur Boulevard be widened to only 4 thru- lanes„ and "that is all." They believe that if MacArthur Boulevard is widened from 4 -lanes to 6- lanes, then there will be 6 -lanes to 4 -lanes at Coast Highway which will encourage 6 -lanes thru Corona del Mar. Motion x Hearing no others wishing to address the yes Council at this time, motion was made to continue the public hearing to July 14, 1986. With regard to this item, the staff was requested to bring back additional information at the next meeting pertaining to: (1) Traffic Improvements - (intersection impacts in Corona del Mar as a result of General Plan Amendment and Pelican Hills Road) (2) Sales Tax - (revenue projections in terms of retail sales from General Plan Amendment) (3) Day Care Center - (some type of guarantee that a Day Care Center will be included in the overall plan) (4) Employee Housing Demand - (how is it absorbed in surrounding • areas) Volume 40 - Page 235 CITY OF NEWPORT BEACH COUNCIL MEMBERS c s o S ti v O� �y CG3 9G9 99.E �9i, �d` ROLL CAL Gss � • • • MINUTES June 23, 1986 INDEX GPA 85 -1(B) (45) (5) 1'raffic Management Plan - ('ride sharing, etc., how extensive) (6) Traffic Improvements - (estimated cost if Council approves recommendation of Planning Commission) (7) San Joaquin Hills Road /Pelican Hills Road - (tie -in time frame) (8) park Credits - (status with respect to this General Plan Amendment) (9) Quality of Life Recommendation •- (staff response to the Committee's recommendation that the EIR not be certified) (10) Police Protection, Water, Sewers, Libraries, etc. - (estimated cost revenue impact as a result of General Plan Amendment) (11) MacArthur Boulevard - (should evaluate Poppy, Fifth and Marguerite Avenue at the same time MacArthur Boulevard widening is evaluated) (12) Pelican Rills Road - (impact on PCH in Corona del Mar when coastal development completed) (13) Pedestrian /Bicycle Overpass - (evaluate the feasibility of an overpass that would go over MacArthur Boulevard in the vicinity of Harbor View Hills Drive and San Miguel) (14) One -Way Couplet - (discussion of adequacy of two -way MacArthur vs. one -way couplet) Council Member Agee made reference to SPON's letter of June 16, 1986, which suggested that an advisory committee be formed of representatives from .interested homeowners associations in the City to consider the impact of this General Plan Amendment, and stated that in his opinion, the City Council is such a committee, inasmuch as Council Members are elected by the voters and represent Volume 40 - Page 236 INDEX GPA 85 -1(B) (45) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \��p 9 Gc�F ROLL Get yF9 June 23, 1986 MINUTES INDEX seven different areas. He also felt that the City.Council has an obligation to not delegate that responsibility. • 3. Mayor Maurer opened the public hearing acation/ regarding VACATION AND ABANDONMENT OF A Abdn Swr PORTION OF A. 10 -FOOT EASEMENT FOR WATER smt -Poppy PURPOSES AS DESCRIBED IN A DEED TO THE Ave CITY OF NEWPORT BEACH RECORDED IN BOOK (90) 13602, PAGE 1043 OF OFFICIAL RECORDS OF ORANGE COUNTY (Blocks 95 and 96 of Irvine's Subdivision filed in book 1, page 88 of Miscellaneous Record Maps, County of Orange (southerly of Tract 6425 and northerly of Poppy Avenue). Report from Public Works Department was presented. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. es 86 -48 kl l Ayes 86 -48 ordering the vacation of a portion of a 10 -foot easement for water purposes; and direct the City Clerk to have the resolution recorded by the Orange County Recorder after the existing water main has been relocated to the satisfaction of the Public Works Department. E. PUBLIC C0141ENTS: 1. Susie Ficker, 110 9th Street, addressed the Council and suggested the City's ordinance regulating noisy construction be amended so that work cannot commence before 8 a.m., particularly during the Summer months. It was indicated by the Mayor that Ms. Picker's request would be considered at a future study session. 2. Council Member Heather announced that she will not be seeking re- election in November, stating she has been involved with the City for 15 years and is proud of what she has accomplished during that time. F. CONSENT CALENDAR: on x The following actions were taken as _. Ayes indicated, except for those items removed: Volume 40 - Page 237 CITY OF NEWPORT .BEACH COUNCIL MEMBERS \CALROLL sf �fl �� June 23, 1986 MINUTES INDEX i 1. ORDINANCES FOR INTRODUCTION - Pass to second reading on July 14, 1986: (a) Removed from the Consent Calendar. • (b) Proposed ORDINANCE NO. 86 -22. Ord 86 -22 being, (62) AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING MUNICIPAL CODE BY DELETING SECTION 11.08.060, PICNICKING ON BEACHES (Report from the Assistant City Attorney) (c) Proposed ORDINANCE NO. 86 -23, Ord 86 -23 being„ (21) AN ORDINANCE OF THE CITY OF NEWPORT BEACH APPROVING REDEVELOPMENT PLAN FOR SANTA ANA HEIGHTS PROJECT AREA. (Report from Executive Assistant) 2. RESOLUTIONS FOR ADOPTION: (a)- Resolution No. 86 -49 adopting Res 86 -49 regulations for candidates for Rgltn for elective office pertaining to Candidates candidates statements submitted to for Electiv • the voters at an election to be Ofe held on Tuesday, November 4, 1986. (39) (b) Resolution No. 86 -50 establishing Res 86 -50 the salaries for management and Key Employe other key employees for Fiscal Year (66) 1986 -87 and amending City's Classification and Compensation Plan to reflect said changes. (Report from the City Manager with resolution) (c) Resolution No. 86 -51 establishing Res 86 -51 salaries for temporary and seasonal Temporary/ classifications. Seasonal (66) (d) Resolution No. 86 -52 adopting the budget for the 1986 -87 Fiscal Year. Res 86 -52 Budget 3. CONTRACTS /AGREEMENTS: (25) (a) DESILTING BASIN MODIFICATION AND Desilting CONTRACTOR'S STORAGE YARD - Award Basin Contract No. 2553 to FAV Mdfctn Engineering for the total price of C -2553 $91,500, and authorize the Mayor (38) and the City Clerk to execute said agreement. (Report from the Public Works Department) Volume 40 - Page 238 CITY OF NEWPORT BEACH COUNCIL MEMBERS f+ s .o 4i S S 9 ROLL CAL Gds y�P June 23, 1986 MINUTES INDEX (b) STORM DRAIN IMPROVEMENT PROGRAM - Storm Drain . -. Award Contract No. 2546 to Imprvmnt Spiniello Construction for the C -2546 total price of $139,505 and (38) authorize the Mayor and the City • Clerk to execute said agreement. (Report from Public Works Department) (c) COAST HIGHWAY WIDENING AGREEMENT Cst Hwy Wdng FOR APPRAISAL SERVICES - Authorize Appraisal the Mayor and the City Clerk to Svc execute a Local Agency /Consultant C -2590 Agreement with George Hamilton (38) Jones, Inc., for the preparation of an appraisal report for the fair market value of land, leasehold interests and mobile homes existing in De Anza Bayside Village to be acquired to widen Coast Highway. (Report from Public Works Department) (d) COAST HIGHWAY WIDENING, NEWPORT Cst Hwy BOULEVARD TO WESTERLY OF ORANGE Widening STREET (COOPERATIVE AGREEMENT WITH C- 2591(A) CALTRANS AND ENGINEERING SERVICES C- 2591(B) AGREEMENT) - Authorize the Mayor (38) and the City Clerk to execute the subject Cooperative Agreement with CalTra.ns; and authorize the Mayor and the City Clerk to execute the subject engineering Services Agreement with Robert Bein, William Frost and Associates. (Report from Public Works Department) (e) Approve Agreement regarding Mobilehome Transfer of Mobilehome Space #8 -E C -2592 and compensation for services and (38) costs;. and authorize the Mayor and the City Clerk to execute said agreement. (f) Approve Agreement between Daniel Daniel Freeman Hospital and Newport Beach Freeman Hosl to participate in Paramedic Field C -2593 Training Program. (Report from (38) Fire Chief) Report from City's Negotiation Team, recommending approval of the following Memorandum's of Understanding for Fiscal Year 1986 -87: (g) Newport Beach Employee's League MOU • Association (C- 2065). C -2065 (38) Volume 40 - Page 239 L CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL June 23, 1986 MINUTES INDEX (h) Newport Beach Professional and Technical Employee's Association MOU (C- 2051). C -2051 (i) Newport Beach Fire Fighter's MOU • Association (C- 2060). C -2060 (j) Newport Beach Police Employee's Association (C- 2056). MOU C -2056 (k) Newport Beach Lifeguard's Association (C- 2058). MOD C -2058 (1) Newport Beach Employee's Association (C- 2059). MOU C -2059 4. COMMUNICATIONS - For referral as indicated: (a) To Executive Assistant to City Manager for response, letter from (52) Donna Ducate requesting Trolley stop at Senior Residence near Marguerite on Pacific View Drive. (b) To Marine Department for response, Marine Dept letters from Claudia Mirkin and (51) M.A. Richley, Jr. regarding pollution of bay. . (c) Removed from the Consent Calendar. (d) To Planning Department for Planning inclusion in the records, letter (68) from Lois B. and Val W. Detling commending Code Enforcement Officer _ Jim S'inasek. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Minutes of Orange County Local Agency Formation Commission of May 7, 1986. (b) Orange County Local. Agency Formation Commission, notifying of adoption of Resolution regarding annexation of Upper Newport Bay (No. 91). (c) Letter from Assistance League of Newport Beach, concerning future negotiations. Volume 40 - Page 240 CITY OF NEWPORT BEACH COUNCIL MEMBERS \rAl RAI I G ds p y�9 June 23, 1986 MINUTES INDEX 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City. Clerk's referral to the claims adjuster: (a) Richard S. Bell alleging City Truck Bell backed into his vehicle causing damage to grill and hood on May 28, 1986, at 18th Street. (b) Monica and Vincent Bartolone, nee Bartolone Jesse Stuart alleging unlawful arrest, emotional distress and punitive damages against City Police Department on February 24, 1986, at Harden School. (c) Barbara Golden alleging her vehicle Golden was accidently sprayed with white paint when speed bumps were painted in front of her house on week of April 24, 1986, at 2 Beacon Bay. (d) Clyde Johnston alleging cement Johnston contractor working in May, 1986 for City splattered concrete on 6' redwood fence which had just been painted in March, 1986, at 311 N. Bay front. (e) Spyglass Hill Community Association Spyglass alleging damage to hillside as a Hill Cmnty result of City -owned water tank leaking at property fronting Muir Circle and bordering Goleta Point Drive, on April 16, 1986. (f) Gary Steven Winn seeking Winn reimbursement of medical expenses and loss of productivity on self- e:mployed.job, as a result of assisting in apprehension of fleeing suspect who was on foot on April 4, 1986 at E. Bay and Washington Street. For rejection: (g) Late claim of Auto Club of Southern Rametta California for Sam 3 Jeanmarie Ramett:a alleging damage to vehicle as a result of tree falling on car which was parked at 708 Narcissus on February 14, 1986. • Volume 40 - Page 241 CITY OF NEWPORT BEACH COUNCIL MEMBERS CO d+� .o f 9 <G G ROLL CAL 9�r June 23, 1986 MINUTES U`J{bInKli r 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Sally Jo Menefee, et al, for Indemnity and Declaratory Relief, Menefee Orange County Superior Court, Case 'No. 473181. Claim was denied by City Council on April 18, 1986. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Police Clerk, Administrative Section. (b) Approve two Police Officers, Patrol Section. (c) Approve one Emergency Equipment Dispatcher, Patrol Section. (d) Approve one Associate Planner, Current Planning and Projects. (e) Approve one Typist Clerk II, Fire Department. (f) Approve one Library Clerk I, Corona del Mar Branch. . (g) Approve one Refuse Crewworker, Refuse Division. (h) Approve one Maintenance Worker I, Asphalt Crew. 9. STAFF AND COMMISSION REPORTS - For Council. information and approval: (a) Report. from the Planning Department Rental regarding the annual RENTAL VACANCY Vacancy Rte RATE SURVEY. (68) (b) Report from Parks, Beaches and West Nwpt Recreation Director, recommending Park City Council reaffirm the position (62) of having West Newport Park developed as submitted to the Coastal Commission without parking; and authorize the Chairman of the Parks, Beaches and Recreation Commission to appear before the Coastal Commission and testify on this matter. Volume 40 - Page 242 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s q ti s v ROLL Gds June 23, 1986 • • • MINUTES GPA 86 -2(A) (45) r PCA 635 (94) I 3n in 9 o UP 3208 g (88) HE he nt. on C -2503 (38) Slurry Seal 10. PUBLIC HEARING SCHEDULING - For July 1 1986: (a) GENERAL PLAN AMENDMENT 86 -2(A) - Request initiated by the CITY OF NEWPORT BEACH to amend the CIRCULATION ELEMENT of the NEWPOR' BEACH GENERAL PLAN so as to redesignate MacArthur Boulevard northerly of Ford Road. (Report from the Planning Department) (b) PLANNING COMMISSION AMENDMENT NO. 635 - A request of THE PACIFIC CLUB, Newport Beach, to amend a portion of the KOLL CENTER PLANNE - COMMUNITY DEVELOPMENT STANDARDS s as to delete restaurant uses from Office Site "A," and to permit a private club in Office Site "A," not to exceed 30,000 sq.ft. in area, subject to the securing of use permit; and the acceptance of an environmental document. Property located in Koll Center; bounded by MacArthur Boulevard, V Karman Avenue and Birch Street; zoned P -C; AND TRAFFIC STUDY - A request to approve a traffic study in conjunction with the expansion of THE PACIFIC CLUB, a private club the KOLL CENTER PLANNED COMMUNITY AND USE PERMIT NO. 3208 - A request t permit the expansion of the dinin areas and the addition of an accessory athletic facility for I PACIFIC CLUB, a private club in t KOLL CENTER NEWPORT PLANNED COMMUNITY. Report from the Planning Departme 11. ACCEPTANCE OF SLURRY SEAL, 1985 -86 (C -2503) - Accept the work; and authorize the City Clerk to file a Notice of Completion; and release the bonds 35 days after Notice of Completi has been recorded, provided no claims have been filed. (Report from Public Works Department) Volume: 40 - Page 243 MINUTES GPA 86 -2(A) (45) r PCA 635 (94) I 3n in 9 o UP 3208 g (88) HE he nt. on C -2503 (38) Slurry Seal CITY OF NEWPORT BEACH COUNCIL MEMBERS o� 9 s � June 23, 1986 R01 L_ MINUTES INDEX 12. ACCEPTANCE OF RIVERSIDE AVENUE RELIEF C -2463 STORM DRAIN (C -2463) - Accept the work; (38) and authorize the City Clerk to file a Riverside Notice of Completion; and release the Ave Relief bonds 35 days after Notice of Completion Storm Drain • has been recorded, provided no claims have been filed. (Report from Public Works Department) 13. ACCEPTANCE OF SIDEWALK, CURB AND C -2555 PAVEMENT REPLACEMENT ON BALBOA PENINSULA (38) (C -2555) - Accept work; and authorize Sidewalk/ the City Clerk to file a Notice of Curb /Pvmnt Completion; and release the bonds 35 days after Notice of Completion has been recorded, provided no claims have been filed. (Report from Public Works Department) 14. ACCEPTANCE OF GRAND CANAL MAINTENANCE C -2506 DREDGING AND ROCK BUTTRESS (C -2506) - (38) Accept work; and authorize the City Grand Canal Clerk to file a Notice Completion; and Maintenance release the bonds 35 days after Notice Drdgng /Rock of Completion has been recorded, Buttress provided no claims have been filed. (Report from Public Works Department) 15. Removed from the Consent Calendar. 16. TRACT NO. 12309, LOTS 5 AND 7 (portions Tract No. • of Block 51 and 57, Irvine's 12309 Subdivision, located on property bounded by MacArthur Boulevard, Bison Avenue, Camelback Street, Jamboree Road and San Diego Creek in the North Ford Planned Community) - Approve a subdivision agreement guaranteeing completion of the public improvements required with Tract No. 12309, Lots 5 and 7; and authorize the Mayor and the City Clerk to execute said agreement. (Report from Public Works Department) 17. ACCEPTANCE OF IMPROVEMENTS IN Resub No. RESUBDIVISION NO. 659 (Parcel 2 of 659 Parcel Map 152 -28, 29) (located at 2121 (84) East Coast: Highway and the southwesterly corner of East Coast Highway and Avocado Avenue in Corona del Mar) - Accept the public improvements constructed in conjunction with Resubdivision No. 659; and authorize the City Clerk to release the faithful performance bond (Certificate No. 13319); and authorize the City Clerk to release the labor and • material bond (Certificate No. 13320) in six months provided no claims have been filed. (Report from Public Works Department) Volume 40 - Page 244 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL \101�\ June 23, 1986 ROLL M INUTES INDEX 18. SPECIAL EVENTS PERMITS - Uphold staff's Permits/ recommendation, subject to conditions Spcl Evnts listed in the reports from Business (65) License Supervisor for approval of the following: (a) Application 1186 -156 - Banner $86 -156 advertising Trolley Service for month of July across Newport Boulevard at 32nd Street. (b) Application 1186 -157 - Amplified 1186 -157 sound for Charlton Associates picnic_ July 12, 1986 at the Dunes Aquatic Park. (c) Application 1186 -138 - Two mile 186 -138 ocean swim competition on July 12, 1986, by the Newport Beach Lifeguard Association. (d) Application 11 86 -139 - Balboa 186 -139 Improvement Association to use amplified sound in conjunction with concerts at Balboa Pier Gazebo on July 6, 13, 20, 27, and August 3, 10, 17, 24, 31. (e) Application 1186 -045 - Amplified 186 -045 sound for Rick Cole Car Show July • 11, 12, 13, 1986 at the Newporter Resort. (f) Application 1186 -072 - United 186 -072 Cerebral Palsy 8 -K Run on July 13, in area of Meredian Hotel and City of Irvine. (g) Application 1186 -154 - Amplified 186 -154 sound on July 13, 1986 at Le -. Biarritz Restaurant. (h) Application 1186 -149 - Vido 186 -149 production on public beach by Look Productions on July 17, 1986 at 47th Street. (i) Application 1186 -152 - Amplified 186 -152 sound by National Education Corp on July 3, 1986 at Newport Dunes. (j) Application 1186 -158 - Amplified 186 -158 sound. by Brett Williamson on July 4, 1986 at 311 North Bayfront, Balboa Island. • (k) Application 1186 -143'- Road closure 186 -143 for PB &R's Independence Day Parade on July 4, 1986 Mariners Drive. Volume 40 - Page 245 CITY OF NEWPORT BEACH COUNCIL MEMBERS June 23, 1986 0 ROLL G MINUTES I:111W1 (1) Application #86 -147 - Road closure #86 -147 for Newport Island Picnic on June 28, 1986 at Marcus Street between 38th & 39th Streets. 19. LEGAL ADVERTISING FOR FISCAL YEAR Legal 1986 -87 - Uphold staff's recommendation Advertising to award bid to the Newport Ensign; and (20) authorize the issuance of a purchase order. (Report from the City Clerk) 20. BICYCLE TRAILS CITIZENS ADVISORY BTCAC COMMITTEE - Accept with regret, the (24) resignations of David Paine, Steve Fobes and Mary Petropoulos, effective immediately, and direct the City Clerk to post vacancy notice. (Memo from the City Clerk and letter from Mary Petropoulos attached) 21. THE QUALITY OF LIFE COMMITTEE - Accept uality of with regret, the resignation of Rosemary ife Luxton, Harry 0. Merrill and Virginia (24) Herberts, effective immediately, and direct the City Clerk to post vacancy notice. (Letters from Harry 0. Merrill and Virginia Herberts attached) 22. BUDGET AMENDMENTS - For approval: (25) (a) Report from the City Manager regarding Budget Amendments 091 through 099: BA -090, $1,234.48 - Transfer in Budget Appropriations to provide for Twelve additional :Lockers for women's locker room; Police - Administrative Fund. BA -091, $6,643,075 - Decrease in Budget Appropriations to provide for appropriation reserve; General Fund. BA -092, $750,465 - Decrease in Budget Appropriations to provide for appropriation reserve; Park and Recreation Fund. BA -093, $51,935 - Decrease in Budget Appropriations to provide for appropriation reserve; State Gas Tax (Section 2106) BA -094, $381,440 - Decrease in Budget Appropriations to provide for appropriation reserve; State Gas Tax (Section 2107) • BA -095, $20,315 - Decrease in Budget Appropriations to provide for appropriation reserve; Arterial Highway Financing. Volume 40 - Page 246 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL ROLLy `GSi 9G9 99� �9� ctetn June 23, 1986 MINUTES INDEX BA -096, $26,675 - Decrease in Budget Appropriations to provide for appropriation reserve; Contributions Fund. • BA -097, $229,495 - Decrease in Budget Appropriations to provide for appropriation reserve; State Gas Tax (Section 21.26) BA -098, $138,160 - Decrease in Budget Appropriations to provide for appropriation reserve; Building Excise Tax Fund. BA -099, $237,190 - Decrease in Budget Appropriations to provide for appropriation reserve; Water Fund. (b) BA -100, $5,121 - Increase in Budget Appropriations to provide for paint spray booth electrical connection; General Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Letter from Woodrow Lewis requesting Building investigation of homes on Polaris Drive Dept in Dover Shores, etc., was presented. (26) n x Following discussion with the City Ayes Manager regarding the contents of this letter, motion was made to refer said communication to the Building Department for response. 2. Report from Public Works Department Upper Nwpt regarding UPPER NEWPORT BAY BICYCLE AND Bay Bicycle EQUESTRIAN TRAIL (C -2435) - Recommending Equestrian approval. of the plans and Trail specifications, was presented. C -2435 (38) Motion x Motion was made to continue this item to All Ayes July 14, 1986, as recommended by staff. 3. Proposed Ordinance No. 86 -21, Ord 86 -21 prohibiting; the Sale of Food Products on Prohibiting Public Beaches, with a report from the Sale of Assistant City Attorney, was presented. Food Prdct on Beaches Lucy Dutton and Joseph and David Cohen, (27) representing the Bayside Cafe located in the Fun Zone, addressed the Council in opposition to the proposed ordinance. They described their operation of off -site food service to the patrons on . the beaches, between Washington and Palm Streets, indicating they serve their food from hot and cold containers. Volume 40 - Page 247 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL y�9 June 23, 1986 MINUTES 11NO N They are the only restaurant in the area Prohibiting that provides this type of service and Sale of Food would like to be able to continue. They do not serve any alcoholic beverages and rdct on Beaches • would close each day at 2 p.m. They also would take the responsibility of (27) removing any litter from the beaches which was purchased from the Bayside Cafe. Discussion ensued wherein the Planning Director stated that the blanket Use Permit granted to the Fun Zone for the various take -out restaurants located there, did not include approval of this type of off' -site catering business to customers on the beaches, and if the City were to adopt a regulation allowing this type of activity, the Use Permit for the Fun Zone must still be amended. The City Attorney advised that a more in -depth staff report will be prepared for the July 14 City Council meeting when the ordinance will be considered for adoption. In the interim, the Assistant City Attorney will be reviewing with the County Health Department, the legality of serving food under the above- described circumstances. • Angela Picker White, 1132 W. Bay Avenue, addressed the Council and spoke in favor of the Bayside Cafe's operation, and requested the City Council "give them a chance." Joseph Cohen addressed the Council again, and inquired if they could continue their food service operation on the beaches, inasmuch as an ordinance has not yet: be enacted prohibiting such activity. Motion x Following consideration, motion was made to introduce Ordinance No. 86 -21, and pass to second reading on July 14, 1986. In response to Mr. Cohen's above question, the City Attorney stated that there is currently no ordinance, in his opinion, which would prevent the Bayside Cafe from continuing their present operation on the beaches, inasmuch as the subject: ordinance has not been introduced as an emergency measure. If this ordinance is adopted by the City . Council on July 14, it would not be effective until August 13, 1986. Volume 40 - Page 248 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL G�`r � y�9 June 23, 1986 MINUTES INDEX However, there is still the consideration referred to earlier by the Planning Director who indicated this type of business may be a violation of the blanket. Use Permit granted to the • Fun Zone, and in this regard, he would suggest the! owners of the Bayside Cafe contact the! Planning staff. All Ayes The motion on the floor was voted on and carried. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 86 -16, being, Ord 86 -16 CATV AN ORDINANCE OF THE CITY OF NEWPORT (42) (42) BEACH AMENDING ORDINANCE NO. 1891 TO EXTEND THE AREA OF A NON- EXCLUSIVE FRANCHISE WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY; AND Proposed ORDINANCE NO. 86 -17, being, Ord 86 -17 Group W AN ORDINANCE OF THE CITY OF NEWPORT (42) • BEACH AMENDING ORDINANCE NO. 1197 TO EXTEND THE AREA OF A NON- EXCLUSIVE FRANCHISE. WITH GROUP W CABLE TV COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY, presented for second reading with report dated June 9, 1986 from the Executive Assistant. Motion x Motion was made to adopt Ordinance No. All Ayes 86 -16 and Ordinance No. 86 -17. 2. Proposed ORDINANCE NO. 86 -18, being, Ord 86 -18 ewsracks AN ORDINANCE OF THE CITY COUNCIL OF (27) THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.70 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO NEWSRACKS, presented I -or second reading with report dated May 29, 1986 from the Assistant City Attorney. It was noted in the staff report that newsracks have proliferated in certain areas to the extent that they constitute Volume 40 - Page 249 CITY OF NEWPORT BEACH COUNCIL MEMBERS F June 23, 1986 \LPIP�� ROLL A MINUTES INDEX a threat to public health, safety and welfare. Specifically, Marine Avenue on Balboa Island is an extremely popular tourist destination with unusually high pedestrian and vehicular traffic volumes • in the summer months and holidays. On Marine Avenue, there is an interference with pedestrian and traffic circulation and increased safety hazards. Due to unique problems along Marine Avenue, it is necessary to specifically limit the number of locations and spaces for news.racks. It was also pointed out that the proposed ordinance was drafted in response to citizens' concerns and reflects input from newspaper and newsrack vendors. If the ordinance is adopted, the permit process will be transferred from the Police Department to the new License Supervisor, with assistance from other departments as deemed appropriate. Discussion ensued with regard to the regulations contained in the ordinance and the number of newsracks permitted at certain locations, and what if a new newsrack vendor wants to place a • newsrack at: a location that already has its "quota" for that location. The City Attorney, in response, advised that it has; taken approximately one and one -half years to reach an agreement with the newspaper distributors that currently have racks on Marine Avenue to arrive at the set allocation. The City Council can reallocate the spaces on Marine Avenue sometime in the future. There is a procedure outlined on page 8 of the ordinance that establishes a priority system for placement of material in the racks that are authorized,. That priority system can be revised if the City Council believes that the manner of allocation is unfair. !lotion x In view of the foregoing comments, All Ayes motion was made to adopt Ordinance No. 86 -18. 3. Proposed ORDINANCE NO. 86 -19, being, Ord 86 -19 Massage AN ORDINANCE OF THE CITY COUNCIL OF Establish . THE CITY OF.NEWPORT BEACH AMENDING (27) CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO .MASSAGE ESTABLISHMENTS, Volume 40 - Page 250 °. CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\13�p 9 v� G S ROLL s`r F,9 June 23, 1986 MINUTES INDEX presented for second reading with report dated May 22, 1986 from the Assistant City Attorney. Motion was made to adopt Ordinance No. n x 86 -19 . yes 4. Proposed ORDINANCE NO. 86 -20, being, Ord 86 -20 Phasing of AN ORDINANCE OF THE CITY COUNCIL OF Develop/ THE CITY OF NEWPORT BEACH AMENDING Traffic CHAPTER 15.40 OF THE NEWPORT BEACH Impry MUNICIPAL CODE PERTAINING TO (26) PHASING OF DEVELOPMENT WITH TRAFFIC IMPROVEMENTS (ALSO READOPTION OF COUNCIL POLICY S -1 AND ACCEPTANCE OF ENVIRONMENTAL DOCUMENT), presented for second reading with report dated June 3, 1986, from the City Attorney. Report from the City Attorney was presented. Motion x Following clarification of the subject All Ayes ordinance, and Council Policy S -1, by the City Attorney, motion was made to adopt Ordinance No. 86 -20, accept • Environmental Document and Readopt Council Policy S -1. I. CONTINUED BUSINESS: None. J. CURRENT BUSINESS: 1. Report from Public Works Department City Chartr regarding AMENDMENT TO SECTION 1110 OF Contracts/ CITY CHARTER "CONTRACTS ON PUBLIC Public WORKS." Works (39) It was recommended by the staff that the City Council submit to a vote of the people, a proposed Charter amendment 'providing an increase in the dollar amount of work requiring formal public . works contracting procedures from the present $12,000 to $30,000, and that the electorate also approve substitution of the words "such facilities" for the words "streets, drains, or sewers" in the second sentence of the first paragraph of Section 1110 of the City • Charter. Volume 40 - Page 251 CITY OF NEWPORT BEACH COUNCIL MEMBERS O ROLL F yFP 0 Motion All Ayes Motion All Ayes Motion All Ayes • • MINUTES June 23, 1986 86 -53 In response to Council Member Hart, the Public Works Director stated that item in question. would apply to budgeted capital projects and therefore would be approved by the City Council during the budget process. Motion was made to approve the foregoing x recommendation and authorize staff to place the proposed amendment on the November ballot. K. ADDITIONAL BUSINESS: x 1. Motion was made to adopt Resolution No. 86 -53, amending an operating agreement with C & S Ventures Inc., dba American Trolley Lines, to authorize monthly subsidy payments. 2. Motion was made to schedule public x hearing on Use Permit No. 1758 for July 28, 1986. Meeting ad' urned a 4a.ma. _f Mayor ATTEST: City Clerk ear �L1 FORN`P Volume 40 - Page 252 86 -53