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HomeMy WebLinkAbout05/24/1993 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS �O REGULAR _ eI: Council Chambers TIME: 7:00 P. M. ��� \�\ � \\ S DATE: May 24, 1993 .Present .Motion .Ayes Ainei n All Ayes • Motion All Ayes • x I x I x I X I x I x I x I ROLL CALL R Reading of Minutes of Adjourned Meetings of May 5 and 12, 1993; and Regular Meeting of May 10, 1993, was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. PUBLIC HEARINGS 1. Mayor Turner opened the continued public hearing on APPEAL OF AVE% REALTY CORPORATION FOR RESUBDIVISION NO. 997 from request of Penco Engineering, Inc., applicant to resubdivide two existing parcels of land into three parcels for conveyance purposes, located in the APF- H District, 210 Newport Center Drive, on property bounded by San Miguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive in Newport Center. Report from the Planning Department. Recycled appeal application from Avex Realty Corp. The City Clerk advised that after the agenda was printed, a packet of information was received from Michael Burnett, attorney representing the appellant, urging City Council disapprove Resubdivision No. 997. The City Manager reported that based on information received earlier in the day to City Attorney Burnham, it is recommended this item be continued to June 14, 1993. Hearing no objections, motion was made to continue this public hearing to June 14, 1993. 2. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 93 -9, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING VARIOUS CHAPTERS OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SETTING THE BASIC WATER QUANTITY RATE AT $1.69 PER HUNDRED CUBIC FEET; AND MODIFYING THE "WATER CAPITAL IMPROVEMENT CHARGES" FOR LAND DEVELOPMENTS TO $2,950 PER ACRE. Report from the Utilities Department. Jeff Staneart, Utilities Director, summarized the proposal which is an increase of 35 cents per hundred cubic feet of water, and is a 26% increase in the basic water rate. He noted that Metropolitan Water District's price to the City is increasing by 20% effective July 1, 1993. He also cited the four Volume 47 - Page 107 MINUTES INDEX Resub 997 (84) Ord 93 -9 Utilities Basic Wtr Qnty Rate (89) x X X X X X X x X R Reading of Minutes of Adjourned Meetings of May 5 and 12, 1993; and Regular Meeting of May 10, 1993, was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. PUBLIC HEARINGS 1. Mayor Turner opened the continued public hearing on APPEAL OF AVE% REALTY CORPORATION FOR RESUBDIVISION NO. 997 from request of Penco Engineering, Inc., applicant to resubdivide two existing parcels of land into three parcels for conveyance purposes, located in the APF- H District, 210 Newport Center Drive, on property bounded by San Miguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive in Newport Center. Report from the Planning Department. Recycled appeal application from Avex Realty Corp. The City Clerk advised that after the agenda was printed, a packet of information was received from Michael Burnett, attorney representing the appellant, urging City Council disapprove Resubdivision No. 997. The City Manager reported that based on information received earlier in the day to City Attorney Burnham, it is recommended this item be continued to June 14, 1993. Hearing no objections, motion was made to continue this public hearing to June 14, 1993. 2. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 93 -9, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING VARIOUS CHAPTERS OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING SETTING THE BASIC WATER QUANTITY RATE AT $1.69 PER HUNDRED CUBIC FEET; AND MODIFYING THE "WATER CAPITAL IMPROVEMENT CHARGES" FOR LAND DEVELOPMENTS TO $2,950 PER ACRE. Report from the Utilities Department. Jeff Staneart, Utilities Director, summarized the proposal which is an increase of 35 cents per hundred cubic feet of water, and is a 26% increase in the basic water rate. He noted that Metropolitan Water District's price to the City is increasing by 20% effective July 1, 1993. He also cited the four Volume 47 - Page 107 MINUTES INDEX Resub 997 (84) Ord 93 -9 Utilities Basic Wtr Qnty Rate (89) CITY OF NEWPORT BEACH COUNCIL MEMBERS d' May 24, 1993 ROLL CRLL MINUTES Q111* factors necessitating the water rate Utilities increase as enumerated in his report. Council Member Hedges, Member of the Utilities Committee, referred to Council Policy M -5, Water Rates, which states • that the water rate structure shall provide sufficient income to cover certain annual costs such as water purchased from MWD; operation and maintenance of the water system; water system betterment and improvements; reserve for water quality; water for City parks, buildings, highway landscaping; sewer and storm drain flushing; and fire fighting, system losses, and operating reserves. However, in reviewing how the water expenses were calculated, he noticed that funds were included for salaries and the Geobase Information System (GIS), etc., which are items not provided for in Council Policy M -5. He stated he is not against a water rate increase, but he does not think the water fund should be paying for salaries not associated with provisional water. In response to the above comments, Mr. Staneart stated that in the past, the City Council and Utilities Committee had chosen to spread the costs of management and operation of the Utilities Department across the board. The GIS positions included in the water fund • budget have been reclassified to more accurately reflect their duties in recent years, and the manager of the GIS project is a 24 -year employee of the Utilities Department who started out in computers, mapping, and drawings, and keeping those records for the water department is a primary function of that individual. Council Member Hedges also referenced expenditures of other items he felt did not conform to Council Policy M -5, to which Mr. Staneart responded that they are part of the City's sewer system. Council Member Cox stated he felt some of Council Member Hedges' points are worthy of evaluation; however, he felt those concerns dealt more with accounting practices than just personnel, and that in the future, the City should look at an improved method of accounting so it doesn't look like the City is hiding such items. Hearing no one wishing to address the Council on this matter, the public hearing was closed. • Council Member Sansone stated that it has been his desire for many years to have a policy whereby the basic water rate is set at 10 units to take care of the low water users, and then escalates depending on how much is used (the more water you use, the more you pay). Volume 47 - Page 108 CITY OF NEWPORT BEACH COUNCIL MEMBERS May 24, 1993 ROLL CRLL Motion x • Motion x Ayes Noes Ayes No • i7 x X i x Hearing no other comments, motion was made to adopt Ordinance Ho. 93 -9. In response to question raised by Council Member Hedges, Mr. Staneart clarified the purpose of the water capital improvement charge of $2,950 set forth in the proposed ordinance. Council Member Hedges stated he felt it was important to "get the numbers right," and therefore, moved a substitute motion to refer the subject ordinance to the Utilities Committee for report back on June 14, 1993. If the adoption of the subject ordinance is postponed, staff pointed out that inasmuch as the subject ordinance has to be adopted 30 days prior to ,becoming effective, one water billing period would be missed in the next fiscal year. Mayor Turner and Council Members Sansone and Hart indicated the City Council should adopt the ordinance at this time as written, but refer the method of accounting back to the Utilities Committee for further study. Following consideration, the substitute motion was voted on and FAILED. The motion made by Council Member Sansone was voted on and carried. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 93 -10, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO INCREASE THE PERMITTED 3 FOOT HEIGHT 7 FOR FENCES, WALLS, HEDGES, AND SCREEN PLANTING WITHIN THE REQUIRED FRONT YARD SETBACKS IN SPECIFIC RESIDENTIAL DISTRICTS, AS WELL AS THAT OF ARCHITECTURAL FEATURES SUCH AS PILASTERS, GATES AND LIGHT FIXTURES (EXCEPT WITHIN REQUIRED SIGHT DISTANCE TRIANGLES); ADD LANGUAGE TO SECTION 20.02.070 OF THE MUNICIPAL CODE SO AS TO REQUIRE A SIGHT DISTANCE TRIANGLE AT THE INTERSECTION OF STREETS AND DRIVEWAYS; AND AN AMENDED SIGHT DISTANCE AREA AT STREET INTERSECTIONS; AND DELETE THE REQUIREMENT FOR A USE PERMIT FOR FENCES IN SPECIFIC LOCATIONS, SINCE SUCH FENCING IS CURRENTLY REVIEWED BY THE MODIFICATIONS COMMITTEE (PLANNING COMMISSION AMENDMENT NO. 777). Report from the Planning Department. Volume 47 - Page 109 MINUTES INDEX Utilities Ord 93 -10 Zoning (94) PCA 777 CITY OF NEWPORT BEACH COUNCIL MEMBERS �KP May 24, 1993 ROLL CALL MINUTES INDEX William Laycock, Current Planning Zoning Manager, outlined the proposed amendment as set forth in the staff report, and noted there are predominantly three areas within the City that exhibit perpetual nonconformities with regard to • the 3 foot height limit for fences and walls within the required front yard setbacks. These areas consist of Balboa Island, Old Corona del Mar, and Balboa Peninsula/West Newport. Mr. Laycock answered questions of Council Member Watt relative to how the proposed amendment would affect certain properties on Balboa Island. Mr. Laycock also pointed out that the ordinance does not include the areas of Newport Heights or Cliff Haven as questioned by Council Member Hart. Discussion ensued among the Council Members, and following consideration and hearing no one wishing to address the Council on this matter, the public hearing was closed. Motion x Motion was made by Council Member Sansone to adopt Ordinance No. 93 -10. Motion x Substitute motion was made by Council Member Watt that Balboa Island be excluded from the proposed ordinance at this time. • Mr. Laycock noted that public notices regarding the ordinance under consideration were mailed to all affected homeowner associations with no response. Council Member Watt indicated she felt the proposed amendments should be "examined" with the Balboa Island Homeowners Association prior to adoption. It was noted by the City Attorney that if Balboa Island were excluded from the ordinance, it would have to be reintroduced at this time and passed to second reading on June 14, 1993. Following discussion, Council Member Watt withdrew her substitute motion. Council Member Hedges suggested an amendment to the original motion whereby the language in Section 20.02.071 is revised to read: "the upper 2 feet of which must be at least 40% open" rather than the upper 3 feet.... yes Following further consideration, Council Member Hedges withdrew his amendment, and the motion as made by Council Member Sansone, was voted on and carried. Volume 47 - Page 110 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES May 24, 1993 ROLL CRLL INDEX 4. Mayor Turner opened the public hearing Ord 93 -11 regarding proposed ORDINANCE NO. 93 -11, Business being, License Tx AN ORDINANCE OF THE CITY COUNCIL (40) OF THE CITY OF NEWPORT BEACH ADDING SECTION 5.08.005; AND • AMENDING SECTIONS 5.08.010, 020, 022 AND RESCINDING SECTION 024 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO BUSINESS LICENSE TAX. Recycled report from Revenue Manager, dated May 10, 1993. The City Manager summarized the purpose of the proposed business license tax increase, noting that due to the anticipated loss of revenue in property taxes resulting from the adoption of the State's budget and that impact on the City last fiscal year as well as this fiscal year, it has caused the City to re- examine its budgetary process and to look at all options, including reductions and increase in fees and taxes. Anticipating that this proposal would be rather controversial with the business community, the staff, since the first of this year, has been meeting regularly with the Chamber of Commerce Budget Task Force as well as the City's Economic Development Committee on this proposal. The last increase to the business license tax was approved in • 1977, and if the proposed ordinance is approved, it is anticipated $1 million will be generated in additional revenue. He outlined the proposed tax structure as enumerated in the staff report and answered questions of the Council. In response to question raised by Council Member Debay regarding licensing requirements for persons selling real estate, the City Manager stated it is not the intent of the ordinance to require that each individual selling real estate obtain a business license. However, a license is required for the real estate office itself. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member Turner to adopt Ordinance No. 93 -11. Council Member Hedges, Member of the Budget Committee, stated the justification for the proposed business tax increase is to create additional revenue due to the State's budget shortfall, and inasmuch as the City Council will not be adopting the next year's budget until June 14, he felt it was premature to pass this tax increase for the following reasons: 1) the City has not yet fully developed all the revenue producing potential on City -owned property; Volume 47 - Page 111 COUNCIL MEMBERS 101:110 • Ayes x Noes x • CITY OF NEWPORT BEACH May 24, 1993 2) the City has not clearly demonstrated that it has made the cuts to the organization to support such a tax increase; and 3) the decline in municipal revenues due to the recession is not justification for a tax increase from an economic standpoint. Council Member Hedges urged that the City Council defer action on the proposed business license tax increase until the new budget is approved on June 14. Council Member Watt indicated she felt Council Member Hedges' comments were somewhat "out of line," inasmuch as there are several committees working diligently on income producing properties, and due to the fact that this City is way behind of other cities as to what the current business license fees should be. Mayor Turner and Council Member Debay also indicated their support of the proposed tax increase. Hearing no other comments, the motion was voted on and carried. PUBLIC COMMENTS John Lewis, Attorney representing former Police Department employee Rochelle Maier, addressed the Council regarding the request on the agenda by Arb Campbell, former Police Chief, for a hearing. He stated that he does not think the City Council should grant Mr. Campbell a hearing, but if the request is granted, he felt it should be a separate hearing from Tony Villa's, and it should remain open to the public. Also, if Mr. Campbell is granted a hearing before the Civil Service Board, then the documentation gathered during the investigation of the sexual harassment issue should be released and out into the open, and further, if both hearings are combined, then he felt his client Rochelle Maier should be included in that hearing. In response to the above remarks, the City Attorney noted the following: Mr. Lewis represents the 10 plaintiffs in the two lawsuits against the City; Mr.Campbell is entitled to a hearing pursuant to the Peace Officers Bill of Rights; Mr. Lewis did represent Rochelle Maier who was a probationary police officer with the Newport Beach Police Department, but who was rejected before she satisfactorily completed probation; she also requested that the Civil Service Board take jurisdiction over the dismissal, but the Board ruled that a probationary employee does not have the right to appeal to the Civil Service Board, and that Rochelle Meyer does not have the right to an AB301, or Peace Volume 47 - Page 112 MINUTES Business License Tx PD /Sexual Harassment CITY OF NEWPORT BEACH COUNCIL MEMBERS � � f �,r � May 24, 1993 CRLL • • is Officer procedural Bill of Rights hearing, all of which Mr. Lewis is aware of; what Mr. Lewis has stated is based on emotion and innuendos and not based on fact. Richard Thompson, private investigator with John Lewis' firm, addressed the Council and stated that he was a former police officer with the City of Newport Beach and worked with Arb Campbell and Tony Villa for a number of years. He stated he personally does not like Mr. Campbell and cautioned the City Council to not let their personal feelings interfere with what decisions must be made with respect to the request for a hearing by Arb Campbell. CONSENT CALENDAR The following items were approved except for those items removed: ORDINANCES FOR INTRODUCTION Schedule for public hearing on June 14, 1993: 5. Removed from the Consent Calendar. 6. Proposed ORDINANCE NO. 93 -13, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAPS NO. 36, 39, 40, 42, 43, 44 AND 61 SO AS TO RECLASSIFY THE SANTA ANA HEIGHTS AND EASTBLUFF PARCELS OF THE UPPER NEWPORT BAY REGIONAL PARE PROPERTY FROM THE UNCLASSIFIED R -3 -B AND R -4 -B -2 DISTRICTS TO THE PLANNED COMMUNITY DISTRICT (PLANNING COMIIISSION AMENDMENT NO. 779). [Report from the Planning Department] RESOLUTIONS FOR ADOPTION 7. Removed from the Consent Calendar. 8. Resolution Ho. 93 -35 approving an AMENDMENT TO THE CALIFORNIA STATE DEPARTMENT OF BOATING AND QATERWAYS /BALBOA YACHT BASIN RECONSTRUCTION LOANS CONTRACT 30. 2370. [Report from the Marine Department] 9. Resolution No. 93 -36 BAYSIDE MOBILE HOME PARR FINANCING OPTIONS. [Report from City Manager] (Mayor Turner announced for the benefit of those in the audience, that by approving the above resolution, it only authorizes staff to investigate their proposal, ascertain what the facts are, and bring back a recommendation to the Council. He emphasized that the action taken does not in any way mean it is a "done - deal. ") Volume 47 - Page 113 MINUTES Ord 93 -13 Zoning (45/94) 779 CA State/ Bal Yacht Ban Rcnstr Res 93 -35 C- 2370(38) Finance/ Bayside MH: Res 93 -36 (40) COUNCIL MEMBERS ROLL CFLL`i�s CITY OF NEWPORT BEACH May 24, 1993 MINUTES INDEX 10. Resolution No. 93 -37 establishing TElIPORARY PARKING RESTRICTIONS for the two City -owned lots on the west end of Seashore Drive, the lot at the corner of Superior and Pacific Coast Highway, and the City Hall Parking lot. • 11. Resolution No. 93 -38 approving the TEMPORARY INSTALLATION OF CUL DR SACS along Seashore Drive during the 4th of July Holiday. 12. Resolution No. 93 -39 authorizing sworn officers of the Newport Beach Police Department to CLOSE ALL OR A PORTION OF SEASHORE DRIVE, NEWPORT BOULEVARD, BALBOA BOULEVARD AND SELECTED FEEDER STREETS during the 4th of July weekend. CONTRACTS /AGREEML+NTS 13. Authorize execution of Professional Service Agreement with Centinela Hospital's Fitness Institute to provide FIREFIGHTERS with EXECUTIVE HEALTH AND FITNESS EVALUATIONS. [Memorandum from the Fire Chief] 14. READILY ACHIEVABLE ADA ALTERATIONS (C- 2934) AND PRIORITY STRUCTURAL ADA ALTERATIONS (C -2941) - Authorize the Mayor and the City Clerk to execute consultant agreements with the firms of Hutson & Rome Partnership and LEESAK • Architects AIA, Inc. [Report from the Public Works Department] 15. AMENDMENTS TO NEWPORT DUNES SETTLEMENT AGREEMENT CONTRACT NO. 2394 - Authorize execution of proposed amendments contained in the staff report. [Report from the City Attorney] 16. NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION CONTRACT N0. 2056 AND NEWPORT BEACH POLICE MANAGEMENT EMPLOYEES ASSOCIATION CONTRACT NO. 2932/MEMORANDUMS OF UNDERSTANDING - Approve subject Memorandums of Understanding. [Recycled report from the City Manager dated May 5, 1993] 17. PROSECUTION SERVICES FROM THE ORANGE COUNTY DISTRICT ATTORNEY'S OFFICE CONTRACT NO. 2031 - Approve contract to allow the District Attorney to criminally prosecute for violations of the City's ordinances (continuation of an on -going contractual relationship). [Memorandum from the Assistant City Attorney] 18. CLAIMS - For Denial by the City Manager: Jaklin T. Merciyan for damage to vehicle • on May 12, 1993, as a result of spilled paint on Newport Boulevard and Hospital Road. Bernard J. Piazza for Kailene S. Piazza for reimbursement of Seals Ambulance service as a result of Kailene breaking her arm on March 3, 1993, while playing handball at the Community Youth Center Handball activity. Volume 47 - Page 114 INDEX COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH May 24, 1993 David A. Rideout for damages as a result of being detained and handcuffed, cited on May 6, 1993, allegedly for removing trash from refuse cans in alley at 2400 W. Ocean Front, and then released. Joseph Tortorello for property damages as a result of toilets overflowing with raw sewage on July 4, 1992 at 309 32nd Street. John M. Vasquez for personal injuries as a result of trip and fall on Pacific Coast Highway at Poppy Avenue on November 8, 1992. Steven L. Vensand for damage to vehicle as a result of sprinklers on dirt hill going off mid -day on May 6, 1993, Avon Street parking lot next to Stuft Noodle Restaurant. Sidney Wald/United Services Auto Association, Western Regional Office for reimbursement for damages to vehicle as a result of being hit by City refuse truck on April 12, 1993, on Pacific Coast Highway and Bayside Drive. Julie Walker/Ed Montoya for damages alleging condition of roadway at MacArthur Boulevard and Birch Street caused the accident on November 22, 1992. 19. Public Hearing Scheduled for June 14, 1993 - Refer to report ;W/agenda item 6 for: A. General Plan Amendment No. 92-3(E) - Request to amend the Land Use and Circulation Elements of the General Plan so as to increase the allowable size of the proposed Interpretive Center on the Westbay parcel of the Upper Newport Bay Regional Park site from 8,000 sq. ft. to 10,000 sq. ft. and delete a secondary bicycle trail along the westbay parcel; and the acceptance of an Environmental Document; and B. Local Coastal Program Amendment No. 31 - Request to amend the Local Coastal Program Land Use Plan so as to increase the allowable size of the proposed Interpretive Center on the Westbay parcel of the Upper Newport Bay Regional Park site from 8,000 sq. ft. to 10,000 sq. ft.; and C. Planning Commission Amendment No. 779 (Ordinance introduction) - Request to amend a portion of Districting Maps No. 36, 39, 40, 42, 43, 44 and 61 so as to redesignate portions of the Upper Newport Bay Regional Park property from the U (Unclassified) District, R -3 -B and R -4 -B -2 Districts to the PC (Planned Community) District; and Volume 47 - Page 115 MINUTES (I X4 Auto ted 'IPA 92 -3(E) Upr Npt Bay Reg Prk (45/94) 31 779 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES May 24, 1993 INDEX D. Use Permit No. 3488 - Request to U/P 3488 approve a General Development Plan and Resource Management Plan for the Upper Newport Bay Regional Park, which would serve as a Planned Community Development • Plan and regulations for the regional park. 20. Public hearing for June 14, 1993 - 1993 -94 ANNUAL BUDGET FOR 1993 -1994, pursuant to Budget Section 1102 of the Newport Beach City Charter. [Memo from Finance Director] 21. Removed from the Consent Calendar. 22. RESUBDIVISION NO. 955 - Approve the Resub 955 improvement plans and specifications, (84) and accept the public improvements constructed in conjunction with Resubdivision No. 955, located at 229 and 231 Via Lido Soud, on the southwesterly side of Via Lido Soud, across from Via Cordova on Lido Island; authorize the City Clerk to release the Faithful Performance Surety (City National Bank Certificate of Deposit No. 18552) and release the Labor and Material Surety (City National Bank Certificate of Deposit No.18553) in six months provided no claims have been filed. [Report from the Public Works Department] 23. SAN DIEGO CREEK REGIONAL TRAIL BICYCLE S /Diego Cr) BRIDGE OVER BONITO CREEK CONTRACT NO. Reg Trl • 2900 Approve the plans and Bike Brdg specifications for the subject project; C -2900 and authorize the City Clerk to advertise for bids to be opened on June (38) 16, 1993, at 10:00 A.M. [Report from the Public Works Department] 24. BALBOA PENINSULA STREET LIGHT Bal Pnsla REPLACEMENT (CONTRACT NO. 2925) - St Lgt Approve the plans and specifications; Rplm .and authorize the City Clerk to C -2925 advertise for bids to be opened at 11:00 A.M. on June 16, 1993. [Report from the (38) Public Works Department] 25. 1992 -93 STREET AND MISCELLANEOUS SLURRY 1992 -93 SEAL AND RESURFACING PROGRAM CONTRACT St /Misc NO. 2938 - Approve the plans and Slurry Sl specifications; and authorize the City C -2938 Clerk to advertise for bids be opened at 11:00 A.M. on June 17, 1993. [Report (38) from the Public Works Department] 26. TRAFFIC SIGNAL MODIFICATIONS AT VARIOUS Trfc Sig LOCATIONS CONTRACT NO. 2937 - Approve Mod /Var the plans and specifications; affirm C -2937 Categorical Exemption; and authorize the (38) City Clerk to advertise for bids to be opened at 10:00 a.m. on June 17, 1993. [Report from the Public Works • Department /Traffic Engineering] 27. Removed from the Consent Calendar. Volume 47 - Page 116 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s+ � May 24, 1993 DLL CRLL INDEX - 28. LEGAL PUBLICATIONS FOR 3 -YEAR CONTRACT Legal Adv/ COVERING FISCAL YEAR JULY 1, 1993 TO CClerk JUNE 30, 1996 - Authorize the City Clerk 7/93 -6/96 to publish a notice advertising for bids (32) to be received on or before the hour of 4:00 p.m., on Thursday, June 10, 1993 for a 3 -year contract covering the • publishing and printing of legal notices, or other material required to be published in a newspaper of general circulation published and circulated in the City of Newport. 29. BIG CANYON RESERVOIR ELECTRIC CONTROL Big Canyn PANEL RECONSTRUCTION OF ELECTRIC Res ELec CONTROLS CONTRACT NO. 2923 - Approve the Cntrl plans and specifications and authorize C -2923 the City Clerk to advertise for bids to be opened at 10:30 a.m., June 16, 1993. (38) [Report from the Utilities Department] 30. FIRST AVENUE WATER MAIN REPLACEMENT 1st Ave /Wtr PROJECT FOR CONSTRUCTION OF WATER Mn Rplcm PIPELINE CONTRACT NO. 2944 - Approve the C -2944 plans and specifications; and authorize (38) the City Clerk to advertise for bids to be opened at 10:45 a.m., June 16, 1993. [Report from the Utilities Department] 31. Removed from the Consent Calendar. 32. (Item deleted) ITEMS REMOVED FROM THE CONSENT CALENDAR • AGENDA ITEM NO. 5. Report from the Revenue Manager /Finance Ord 93 -12 Department recommending introduction of UniformTOT proposed ORDINANCE NO. 93 -12, being, (40) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF CHAPTER 3.16 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE UNIFORM TRANSIENT OCCUPANCY TAX. The City Clerk advised that after the agenda was printed, a letter was received from Balboa Beach Company in opposition to the proposed ordinance. A letter was also received from Newport Mesa Board of Realtors expressing desire to participate in discussion regarding the proposed ordinance. Council Member Debay stated that shd had been contacted by a number of people in the real estate industry who are property managers for summer rentals, and their concern is that they have already accepted checks and issued contracts for their rentals, and therefore, would like the City Council • to not make the subject Ordinance effective until September. Volume 47 - Page 117 COUNCIL MEMBERS Motion Ayes Abstaine Motion Motion Ayes Noes IA X CITY OF NEWPORT BEACH fflV1% X X X I X I X I X I X I X Hay 24, 1993 The City Manager advised that he had talked with Council Member Debay regarding this matter, and that possibly a provision could be added to the ordinance whereby if a summer rental agreement had already been executed prior to the effective date of the ordinance, then the Uniform Transient Occupancy Tax (UTOT) would not apply until October 1, 1993. Janice Schuller, 1207 Oxford Lane, addressed the Council and stated she has a real estate business at 603 E. Balboa Boulevard, and that she books summer rentals sometimes one year in advance. She stated it would be most appreciated if the City Council could provide some type of a grace period in the ordinance for summer rental contracts currently executed. Claudette Mann, 96 Corsica Drive, Realtor, addressed the Council and stated that since she just became aware of the proposed ordinance, she would like to study it further with her committee between now and the public hearing on June 14. Following consideration, motion was made to introduce and schedule for public hearing on Jame 14, 1993, Ordinance No. 93 -12, with the proviso that the City Attorney amend the ordinance to allow some type of grace period for summer rental contracts executed prior to a specific date being exempt from paying the UTOT this year. 7. Proposed Resolution No. 93 -34 establishing the ANNUAL BUSINESS TAX RATES PURSUANT TO CHAPTER 5.08 OF THE NEVPORT BEACH MUNICIPAL CODE. Notion was made by Council Member Hedges to table the subject resolution until after adoption of the 1993 -94 budget. Substitute motion was made by Council Member Cox to adopt Resolution No. 93- 34. Council Member Cox indicated he felt there was no need to wait on approving the proposed resolution, inasmuch as the item has been discussed in depth by the Budget Committee and the Ordinance approving the new Business License Tax has been adopted. The substitute motion was voted on and carried. 21. Report from Planning Department regarding PLANNING COMMISSION MEETING ACTION OF MAY 6, 1993 AND AGENDA FOR MAY 20, 1993 for Council information and approval. Volume 47 - Page 118 MINUTES INDEX iniformTOT BusLicTax/ Res 93 -34 (27) Planning (68) COUNCIL MEMBERS 0%kX1&V1% Motion All Aye • r� • x CITY OF NEWPORT BEACH May 24, 1993 Motion was made by Mayor Turner to schedule public hearings on June 28, 1993 for the following three items, and to receive and file the remaining actions: From the Planning Commission Meeting of May 6, Item No. 2 (Use Permit No. 3493) and Item No. 5 (Modification No. 4056); and from the May 20 agenda, Item No. 8 (Variance No. 1190). 27. Report for Council information and approval from the General Services Director with recommendations regarding REFUSE PRIVATIZATION STUDY. Dolores Otting, resident of Newport Beach and representing Five -Star Rubbish, addressed the Council referencing the study done by SCS Engineers, and noted one correction in that the City of Costa Mesa pays the land fill fee which is not reflected in the report. As a result, Newport Beach has one of the most cost effective refuse rates in the County. She also expressed her concern with the City going to automated refuse pickup, pointing out the weight and size of the containers; how they must be in an exact location for pickup or the barrels do not get picked up; and how sightly they look on the street. She expressed her opposition to the proposal for automated refuse pickup and urged the City Council to consider this matter very carefully. The City Manager noted that staff has included in the 1993 -94 budget, the lease purchase of automated trucks and bins, as well as the retrofitting of an existing piece of equipment, primarily to have the funds set aside for when the City is ready to begin the program. He also agreed that prior to implementing such a program, the City must sell the idea to the public. Madelene Arakelian, representing South Coast Refuse, addressed the Council and suggested consideration be given to establishing a committee to deal with refuse issues consisting of people in the trash hauling business which she has been involved in for over 40 years. She discussed automated refuse pickup which is being done in South Orange County and stated the program is not being well - received by its users. She also indicated that the City should investigate its contract with CR Transfer for refuse recycling inasmuch as the City's Refuse Division is not taking all trash to CRT for disposal, and as a result, the City is not complying with AB939 relative to State recycling requirements. David Niederhaus, General Services Director, in response to the above comments regarding recycling, stated that only the residential waste stream material is taken to CRT, and that refuse collected from street sweeping Volume 47 - Page 119 DeLIAW GS /Refuse (44) • n yes COUNCIL MEMBERS X CITY OF NEWPORT BEACH May 24, 1993 and beach cleaning goes to Sunset Environmental Company. Approximately 35,000 tons are taken to CRT. With respect to the proposed automated refuse pickup program, he stated that he has visited South Orange County where the program is in place and found it is normal during the first three to six weeks in converting to automation, that an unusually high level of complaints are expected as people get used to the new containers. He stated that he and some of his staff are trying out the new 90 gallon containers at their homes and it does take some getting used to; the containers have solid wheels and are guaranteed for 10 years; and the average home will probably be able to get by with either a 60 or 90 gallon container, and will also be given an option for a second container. Mrs. Arakelian addressed the Council again and emphasized her concern over the City not complying with AB939 inasmuch as the Refuse department is not taking all of the City's trash to only one facility. She stated that the law is very explicit in this regard and that the General Services Department is in noncompliance with AB939, and as a result, it is not meeting the State mandates. She urged that the City Council investigate this matter further. Mr. Neiderhaus responded that the reason the entire residential waste stream does not go to CRT is because the processing equipment at CRT would become foul due to street sweeping and beach type litter. CRT segregate the City's containers as the crews unload and process whatever is required to make the 25% recycling requirement. If CRT processes 50% of the City's waste stream, and retain 35% on a daily basis, then they have exceeded the monthly basis. The other half of the equation to meet AB939 is going to come from the commercial side. Mrs. Arakelian spoke in rebuttal by stating that in order to comply with AB939, the City should be taking 100% tonnage overall (commercial and residential combined) to one facility for the 25% recycling requirement, and because Newport Beach is only taking a portion, it is not complying with that law. She reiterated that other trash haulers are "working their tail off" to comply with all the requirements of AB939, not just a portion. Hearing no further comments, motion was made to approve the recommendations contained nnn the subject report. 31. Report from the Traffic Affairs Committee, recommending the City Council sustain the decision of the Committee regarding the INSTALLATION OF TRAFFIC CONTROLS ON BAYSIDE AND EL PASEO DRIVES AND THE SPEED LIMIT ON BAYSIDE DRIVE. Volume 47 - Page 120 MINUTES GS /Refuse Trfc /Baysd Drive (85) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL C s May 24, 1993 • • • The City Clerk advised that after the agenda was printed, two letters were received in support of stop signs at the above location from Mr. & Mrs. Sanford Lewis, 1633 Bayside Drive, and D. W. Whitney, 1311 Bayside Drive. The Public Works Director presented the subject report, noting that as a result of a request from Gary Hamilton of 1621 Bayside Drive, as well as some other residents in the area, the Traffic Affairs Committee considered the request for additional traffic controls on Bayside Drive in the area of E1 Paseo Drive. The principle elements of the request were to decrease the speed limit from E1 Paseo to Jamboree from the present 35 MPH to 25 MPH, to install more speed limit signs, and to install stop signs at the intersection of E1 Paseo and Bayside Drives. The Traffic Affairs Committee denied the majority of the request with the exception of moving one speed limit sign. He noted the reasons for denial as enumerated in the staff report, citing the most significant reason being, the traffic volumes at the subject intersection were too low to meet warrants for the installation of stop signs. In the case of the speed limit from E1 Paseo Drive to Jamboree Road, the State Vehicle Code requires the speed limit of that type be established in accordance with a traffic and engineering survey. Gary Hamilton, 1621 Bayside Drive, addressed the Council and stated the purpose of the request is to correct an unsafe condition for both vehicular and pedestrian traffic in the area of El Paseo Drive and Jamboree Road. It is the only portion, of the two lane portion, of Bayside Drive where there is a speed limit posted in excess of 25 MPH. He stated he understands some of the concerns of the Traffic Affairs Committee; however, he felt that the benefits to be derived from his request far outweigh those concerns. He also emphasized the need for a decrease in speed limit to 25 MPH on Bayside Drive due to vehicular and pedestrian traffic who attend the Bahia Corinthian Yacht Club and have to cross Bayside Drive to get to the club. In response to question raised by Council Member Sansone, the City Attorney stated that the only "down- side" to approving the stop sign at the subject location would be placing a sign at a location where traffic warrants have not been met. It could also set a precedent for similar requests where traffic warrants have not been met. Volume 47 - Page 121 MINUTES Trfc /Baysd Drive CITY OF NEWPORT BEACH COUNCIL MEMBERS �O \% May 24, 1993 CflLL • Motion All Ayes'', • .Motion All Ayes Motion All Ayes • x x x It was also noted by staff that because the subject area is zoned Multiple - Residential, it is defined as commercial in the California Vehicle Code and that is the reason for the 35 MPH current speed limit; however, this is an issue that could be reviewed further if it is the desire of the City Council. Following discussion, motion was made to overrule the decision of the Traffic Affairs Committee, and adopt Resolution No. 93 -40, approvin¢ the requested stop sign, but that t e request for a decrease in speed limit on Bayside Drive from El Paseo Drive to Jamboree Road, be referred back to the Traffic Affairs Committee for further study. ORDINANCES FOR ADOPTION 33. Proposed ORDINANCE NO. 93 -8, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING A DEVELOFMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. 6). Report from the Planning Department. A supplemental report from the Planning Department dated May 24, 1993 received after the agenda was printed. The City Manager advised that the language that is before the City Council as an addendum to the CIOSA Agreement has been accepted by the staff of the Coastal Commission. Hearing no other comments, motion was made by Council Member Watt to adopt Ordinance No. 93 -8. CONTINUED BUSINESS 34. Recycled report dated April 21, 1993 from the City Attorney, concerning ARB CAMPBELL'S REQUEST FOR HEARING. Recycled memorandum from Jeffrey M. Epstein, Attorney for Arb Campbell. At the request of the City Attorney, motion was made by Mayor Turner to continue this item to June 14, 1993. 35. Report from the Building Director regarding APPEAL OF MARE. SCHULTHEIS REQUESTING CITY COUNCIL TO WAIVE UNDERGROUND UTILITIES AT 406 ALISO AVENUE. Volume 47 - Page 122 MINUTES Res 93 -40 Ord 93 -8 CIOSA /Dev Agm No. 6 C -2920 (38) C /Attorney (31) Building/ Schultheis Appeal (26) k I XX • M Al yes • CITY OF NEWPORT BEACH \ \\ May 24, 1993 x It was noted by the City Manager that the owner of property at 406 Aliso Avenue, has sent a letter of appeal requesting that the existing overhead utilities be permitted to remain, rather than undergrounding the electric service as required by Section 15.32 of the Municipal Code. The owner would like to have the requirement waived until an underground utility district is formed. The owner's application for waiver of the undergrounding requirement was denied because inadequate reasons exist to grant a variance from the Municipal Code and the Building Department's written policy and Section 15.32.015 of the Municipal Code. Mark Schultheis, appellant, 406 Aliso Avenue, addressed the Council and stated he is in the process of constructing a new home on the site. He stated that all of the electrical, cable, and telephone service for approximately 24 homes in his immediate area are overhead and in the alley, and to place his utilities underground would cost an additional $2,000 with no practical benefit, inasmuch as no other homes in the area have their utilities underground. He stated he would provide financial assurance to the City for the installation of underground utilities at such time as it is required by the City for all homeowners in his block. Council Member Hart stated she has viewed the subject site, and inasmuch as the appellant has agreed to support an underground utility assessment district for his block at the appropriate time, and because the installation of underground utilities would create a $2,000 financial hardship at this time, she moved to waive such requirement and grant the appeal. Council Member Hedges recommended the City Council review Section 15.32.015, Underground Utilities, at a future study session. The City Manager advised that he will refer this code section first to the Underground Utilities Committee, and then bring a report back to the Council if there are no objections. 36. Report from the Public Works Department concerning SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR - NEWPORT COAST DRIVE TOLL ISSUE. The City Clerk advised that after the agenda was printed, three letters were received regarding the proposed tollway and the proposed location of the tollway booth from Harbor View Hills South Homeowners Association, Eileen Forsberg of Port Seabourne Way, and Jasmine Creek Community Association. Volume 47 - Page 123 MINUTES Building 74) Joaquii s TC/ Cst Dr CITY OF NEWPORT BEACH id111LNdtMKAVkM] 4 �,��j� s- S May 24, 1993 ROLL CALL MINUTES 101-141 The Public Works Director outlined on a SJHTC /Npt map the options that are being studied Cst Dr in order to provide a toll free Toll extension of Newport Coast Drive to connect with Bonita Canyon Road/Ford Road. He stated the recommendation • contained in the staff report is for the City to go on record as supporting Alternative 3 (the most westerly alignment), as a toll -free alternative. However, there have been three concerns voiced about this possibility which he discussed. Those concerns being' the community and political opposition in the City of Irvine to a direct extension of Culver Drive, the lack of a source of funding for constructing the Newport Coast Drive extension, and the extra distance of the route. He advised that the Irvine City Council is scheduled to consider this matter tomorrow evening, and there has been some indication that they may support Alternative 3. With respect to funding, he noted that the County of Orange has made application to the Measure M regional funding program for funding of this extension. If all of these elements come into place, there should be a toll -free route, open and available to traffic before the SJHTC is completed and before the tolls are imposed. The Public Works Director advised that if the Council is not satisfied with the above recommendation, or if satisfactory • progress is not made, the following actions could be taken: 1. Address a letter or resolution to the TCA requesting that the toll be eliminated from the Newport Coast Drive connection. (Although the TCA has informally indicated that the toll cannot be eliminated because of financing commitments, this request has not been formally made by the City). 2. Investigate withdrawal from the TCA. (If the Council desires to pursue this action, it may wish to ask the City Attorney to report on possible legal ramifications). The Public Works Director also indicated that withdrawal from the TCA would not likely result in the desired elimination of the toll, and could have some disadvantages to the City. The City's • participation in the TCA as a member agency offers a better opportunity to influence design issues and policies, (other than the toll issue) than would be the case if the City were a non- member. Volume 47 - Page 124 COflU,NCIL MEMBERS s ROLL CALL • • • CITY OF NEWPORT BEACH May 24, 1993 Council Member Cox, Chairman of the SJHTC Agency, summarized some of the background history relative to the Corridor when he became a resident of the Harbor View Hills South area in 1970, and noted that when he ran for City Council in 1980, his platform was the importance of the SJHTC and Newport Coast Drive (formerly Pelican Hill Road). When it became clear that there was no chance of ever obtaining State or Federal funding to pay for the Corridor, the State Legislature approved a toll concept which has never been done in California, and ultimately allowed the construction of the Corridor. Since the completion of Newport Coast Drive, there has been a tremendous relief of traffic from going through Corona del Mar. In March of this year, the investment community agreed that people will pay a toll to drive on the Corridor, and by using the Corridor, 16,000 vehicles a day are being removed from Coast Highway and the City's residential streets. He emphasized the importance of Alternative 3, stating he felt it was a win -win situation for everyone, and that "you cannot get the cars off the road without the Corridor, you cannot build the Corridor without funds, and you cannot fund it without tolls." Yvonne Houssels, representing Harbor View Hills South Homeowners Association, as well as other associations in the area, addressed the Council and stated they are very concerned about the lack of knowledge regarding the proposed toll booth. They are not opposed to the Corridor, but they are opposed to the location of the toll booth. They do agree that Newport Coast Drive provides a tremendous relief for traffic through Corona del Mar, but also felt that if a toll booth in installed, people will not pay the fee to use the road and go back to their old routes, thereby defeating the purpose. Discussion ensued wherein the Public Works Director pointed out that the bulk of the traffic now using Pacific Coast Highway and Newport Coast Drive does originate from the South County and commuters use these alternatives as opposed to I -5. Most of that traffic, when the Corridor is built, is going to be on the Corridor itself. Ron Hendrickson, 1911 Port Claridge Place, addressed the Council in support of Alternative 3. He stated he was appreciative of the City's efforts with regard to the Corridor, particularly the leadership of Council Member Cox, and felt that once the Corridor is completed, it will be of great benefit to the City. He also felt the issue of the toll is something that will be accepted by the commuters in time. Volume 47 - Page 125 MINUTES INDEX SJHTC /Npt Cst Dr Tol: CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL S' May 24, 1993 MINUTES INDEX Council Member Sansone stated that he SJHTC /Npt has been a supporter of the Corridor Cst Dr Tol: since he was elected to the City Council; however, there has been digression on this issue inasmuch as the entire time the Council was considering • the Corridor, the 1.6 miles of Newport Coast Drive from MacArthur Boulevard to the intersection of Bonita Canyon Road, there was a definite impression left with four members of the then City Council that the actual intersection of the Corridor with Newport Coast Drive would be near the Bonita Canyon intersection. When that was changed "God only knows," but that was the impression he and others had on the Council as well as the former City Manager. There was never an indication that from Bonita Canyon Road to MacArthur Boulevard there was going to be a toll. With regard to proposed Alternative 3, as late as February of this year at a meeting of the TCA, there were only two alternatives, but during the last 90 days Alternative 3 was suggested, and it is acceptable to him. He also stated it is his understanding that the proposed fifty cent toll will increase to seventy -five cents within 2- 1/2 years. In concluding his remarks, Motion x Council Member Sansone moved the following action: "It is the intention of the City of Newport Beach to withdraw from the SJHTCA effective July 30, 1993, unless the following steps are accomplished: 1. Newport Coast Drive extension southwest alignment (Alternative 3) as presented in the County of Orange Environmental Management letter to the City of Newport Beach is accepted by the City of Irvine and the Transportation Corridor Agency. 2. Continue to work with the County of Orange and with the City of Irvine to secure community acceptance of the Newport Coast Drive extension. 3. The County of orange, Cities of Newport Beach and Irvine, and Orange County Transportation Authority will secure funding for construction of the Newport Coast Drive Alternative 3. Volume 47 - Page 126 COUNCIL MEMBERS ROLL CRLL s E i C J CITY OF NEWPORT BEACH May 24, 1993 4. An agreement is consummated that Newport Coast Drive extension and New Ford Road will be open for traffic before Newport Coast Drive is closed between the Corridor /Newport Coast Drive intersection and MacArthur. 5. Corridor design accommodates the Newport Coast Drive extension Alternative 3. 6. Ensure that the Master Plan of Arterial Highways is amended to reflect the change. "The Newport Beach City Council will review on July 26, 1993, this motion to withdraw from the Transportation Corridor Authority with final decision to be based upon receipt of accomplishment of the conditions cited above." Mayor Turner referenced the preamble in Council Member Sansone's motion regarding the City's intention to withdraw from the TCA on July 30, 1993 if the six conditions are not met, and stated he could not support this language, as he felt it would not help the City to withdraw from the TCA. He stated the Corridor will be built whether the City is a part of it or not, and for the City to withdraw at this point doesn't accomplish anything, in fact, it puts the City on the outside looking in, similar to the City of Laguna Beach. He felt Council Member Sansone's six conditions are a good "plan of action," but he felt that in the long -term, it would be in the best interests of the City to remain a member of the TCA. Council Member Debay stated that she also supports the six conditions set forth in Council Member Sansone's motion, but cannot support the preamble to withdraw from the TCA if those conditions are not met. She stated that what the City has already accomplished by belonging to the TCA is very impressive, i. a., 1) the Newport Irvine Agreement in the environmental downsizing from 8 -lanes to 6- lanes, 2) the realignment of Ford Road, 3) the MacArthur interchange, 4) the deletion of the connection of San Joaquin Hills Road to the Corridor. She felt there will be significant decisions made in the future by the agency members with only 35% of the Corridor designed, and she does not want to absent the City of Newport Beach from that process. Therefore, she strongly supports staying in the agency. Volume 47 - Page 127 MINUTES INDEX SJHTC /Npt Cst Dr Tol: COUNCIL MEMBERS CITY OF NEWPORT BEACH May 24, 1993 Council Member Hart spoke in support of the preamble to the six conditions, noting that it states "it is the City's intention to withdraw - - - - ", it does not state the City is dropping from the • agency, and because of the City's real concern it has had the last two months, it has helped the entire County of Orange focus on what needs to get done. It has also stepped up actions taken by the City of Irvine and the County. Council Member Hedges indicated he felt the preamble gave the motion "some teeth," and also provides clear direction to our representative on the TCA (Council Member Cox), the desires of the City Council, and clearly states what the City wants to accomplish with respect to the other entities involved in the construction of the SJHTC. Council Member Cox spoke in opposition to the motion, noting the following: this City has been involved in the Corridor process for 20 years and has accomplished a great deal of benefit to the City with more to come; these accomplishments did not occur because the City threatened the agency and "acted tough," but rather by cooperation and being involved; he has been there every step of the way, and does not think it is in good taste or at all • professional to threaten the agency in order to get things done; the rest of the cities in the County look at Newport Beach like a "bunch of fools," and yet this City is benefitting the most from the Corridor; he does not disagree with the six key points suggested by Council Member Sansone because they have to happen, they are right on target and we must say those things, but to not be a part of this negotiating process does not buy the City anything, and as a result, he does not support the intention to withdraw from the TCA. Mayor Turner asked Council Member Sansone if he would consider deleting the preamble from his motion, to which he replied in the negative. Council Member Hedges stated that the negative action would be to summarily withdraw from the TCA, whereas the positive action is that which is proposed by Council Member Sansone, and the hundreds of letters received in response to this important issue. In response to the above, Council Member Cox stated that he believes the public • has been misinformed, and not been given the facts. If the public were involved in the process, he feels that the Council would not be receiving those kinds of letters. Volume 47 - Page 128 MINUTES SJHTC /Npt Cst Dr Toll CITY OF NEWPORT BEACH COUNCIL MEMBERS S May 24, 1993 ROLL CRLL Ayes Noes • • • MINUTES INDEX I x x x There being no further discussion, the x x x motion was voted on and carried. Meeting adjourned at 10:40 p.m. ,� at * tk tk sk yr yr �r * a• 9t 9t The agenda for this meeting was posted on May 20, 1993, at 8:45 a.m., on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. May ATTEST: ,�F�'4✓QC)�, �3 6 City Clerk n " y #i Volume 47 - Page 129