Loading...
HomeMy WebLinkAbout09/27/1993 - Regular MeetingCITY OF NEUORT BEACH COUNCIL MEMBERS ROLL CRLL s Present x x x x x x Excused lxlll Motion x All Ayes Motion x All Ayes Motion All Ayes • X MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: September 27, 1993 ROLL CALL Mayor Turner presented a Certificate of Appreciation to Robert Olds in recognition of his dedicated service on the Aviation Committee for the past five years. Reading of Minutes of Meeting of September 13, 1993, was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. The following items were approved: INDEX 1. CONTRACTS AND AGREEMENTS - Contract with Graffiti Bonanza Mobile Wash and Steam Cleaning Removal for GRAFFITI REMOVAL SERVICES for period of October 1, 1993 through September 30, Srvs 1994 (refer to Budget Amendment No. C -2960 009). [Report from the General Services (38) Director) 2. PERSONNEL VACANCIES: Reports from (66) Personnel and General Services Director. 3. CLAI20 - For Denial by the City Manager: (36) Louis Bastone alleging his eye glasses were damaged when arrested by Police Department on June 6, 1993; seeking reimbursement. Peter J. J. Brady alleging he was pulled over by Police Department on August 26, 1993, claiming that his pocket phone was never returned; seeking reimbursement of $1,120. Melissa M. Brady alleging City vehicle struck her automobile while working on Finley Avenue on May 13, 1993. Bonnie Fisher alleging her vehicle was damaged by overspray of paint from Utilities Department doing work in area of oil well adjacent to Pacific Coast Highway on September 8, 1993. Todd S. Cue alleging damage to right alloy rim of his vehicle as a result of pot holes located at corner of MacArthur and Jamboree heading toward Corona del Mar. Stephany C. Hughlet alleging personal injuries as a result of being struck by automobile at Irvine Boulevard and Bristol Avenue on July 10, 1993 due to malfunctioning of traffic signal. Paul J. Iverson alleging his vehicle was struck by City Refuse Truck on Port Sheffield in August, 1993. Volume 47 - Page 250 COUNCIL MEMBERS CITY OF NEWPORT BEACH September 27, 1993 MINUTES TklnrV Russell Larson alleging damages to his right front fender as a result of baseball that was hit into the parking lot at Bonita Creek softball game on August 4, 1993. Ashley Rodden alleging City Refuse Truck ran over claimant's boogie board on Corona del Mar beach on August 25, 1993; seeking reimbursement of approximately $119. John Vanian alleging City -owned tree in front of his home at 1724 Newport Hills Drive West has shed berries onto his and his daughter's vehicles which cannot be polished out; seeking reimbursement of $8,000 for damages to three vehicles. Karen R. Whitaker alleging her car was towed in error on August 27, 1993 seeking reimbursement of $105. 4. PUBLIC HEARING SCHEDULING - October 11, Ambulance 1993 - Proposed resolution amending Rates RATES FOR AMBULANCE SERVICE within the (27) City. [Refer to report w /item 81 5. SPECIAL EVENTS APPLICATIONS - Approve Permit /Spc. APPLICATION NOS. 93 -141 for Newport Events Conservancy, and 93 -159 for American (27) Heart Association, subject to conditions in the staff reports from the Revenue Manager, Finance Department. 6. PLANNING COMMISSION ACTIONS - Memorandum • from the Planning Department regarding PLANNING COMMISSION AGENDA of September 9, 1993. 7. BUDGET AMENDMENTS: (40) BA -009, $42,000 - For appropriations in General Services Technical Services account for contracted Graffiti removal Services with BONANZA MOBILE WASH 6 STEAM CLEANING. [Refer to report with item 1] BA- 010, $240,565 - Increase appropriations to fully fund the City's cost of the EARLY RETIREMENT PROGRAN. [Report from Finance Director] (40) BA -011, $93,750 - Increase estimated revenue /estimated appropriations to reflect Police Department request for agreement with P.O.S.T. VIDEO GRANT for video project contract. BA -012, $250,000 - Transfer funds from the Building Excise Tax fund to the General fund for CONTRACT NO. 2913 FOR POLICE FACILITY ROOFING AND HVAC REPIACEMENT. Volume 47 - Page 251 COUNCIL MEMBERS NOV NO` Mk CITY OF NEWPORT BEACH September 27, 1993 PUBLIC HEARINGS a. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 93 -21, being, • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.14 OF THE NEWI.'ORT BEACH MUNICIPAL CODE PERTAINING TO AMBULANCE REGULATIONS. Report from the Fire Chief. Fire Chief Tim Riley, addressed the Council and advised that prior to implementing the recommendations contained in the staff report, his staff met with the current ambulance provider, Seal's Ambulance, to discuss the impact of the proposed franchise fee. Seal's Ambulance responded positively to the City's initial request; therefore, staff will be bringing back on October 11 a recommendation to proceed with the request for proposals for an ambulance contract. The following proposed changes have been made to the City's Ambulance Regulations: a. Clarified the definitions of Basic and Advanced Life Support making them consistent with the California Health and Safety Code which regulates the Emergency Medical Services system. b. Changed the level of services provided by the Contractor in the event of a disaster. C. Increased the duration of the contract from two years with an option to extend the contract for two additional years to a three -year contract with the same two years extension option. d. Established a franchise fee for emergency ambulance transportation services in the City of Newport Beach. e. Increased the professional liability , insurance requirement from one million ($1,000,000) dollars combined single limit, bodily injury and property damage to two million ($2,000,000) dollars combined single limit, bodily injury and property damage. Volume 47 - Page 252 MINUTES 1_ Ord 93 -21 Ambulance Regs (27) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES V September S 27, 1993 ROLL CRLL W1114A In response to question raised by Council Member Sansone regarding the proposed franchise fee, Chief Riley stated that the ambulance operator will be required to pay a fixed percentage of ten percent (108) of the gross receipts of the service. • It was also pointed out that a public hearing will be held on October 11 regarding a proposed resolution amending the rates for ambulance service within the City pursuant to Section 5.14.090 of the Municipal Code. Hearing no one else wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member Hart All Ayes to adopt Ordinance No. 93 -21. 9. Mayor Turner opened the public hearing U/P 3485(R) regarding USE PERMIT N0. 3485 (Revised) (88) - Request to revise a previously approved use permit that permitted the establishment of a restaurant/brewpub with on -sale beer and wine and outdoor seating, on property located in the Specialty Retail area of the Cannery Village/McFadden Square Specific Plan. The proposal involves a request to rescind the City Council's previous action that permitted the expanded use of daytime in -lieu parking spaces in the Cannery Village Municipal Parking Lot • which were to be used in conjunction with the daytime operation of the proposed restaurant/brewpub at 2920 Newport Boulevard. The proposal also includes a request to change the daytime parking requirement for the facility from one parking space for each 40 square feet of "net public area," to one parking space for each 50 square feet of "net public area "; and reduce the allowable daytime "net public area" to 1,500 square feet before 5:00 p.m., property located at 2920 Newport Boulevard, an the southeasterly corner of Newport Boulevard (northbound) and 30th Street, in Cannery Village. Report from the Planning Department. The Planning Director advised that this application was before the City Council in March 1993 and a use permit was approved, subject to revisions of the off -site parking agreement which would have allowed the applicant to use 29 parking spaces in the Cannery Village Municipal parking lot prior to 5 p.m. However, at the Coastal Commission hearing In July, the staff and Coastal Commission disagreed with the action • that had been taken by the City, and it was their determination that the use of the 29 parking spaces in the lot would conflict with the public use of the same spaces prior to the hour of 5 p.m.; therefore, they took action Volume 47 - Page 253 CITY OF NEWPORT BEACH COUNCIL MEMBERS s � September 27, 1993 ROLL CALL *on All Ayes • MINUTES INDEX (R; A to modify the approval, subject to four U/P 3485 conditions: 1) that the applicant record a deed restriction which would allow no more than 1500 square feet of service area being used prior to 5 p.m.; 2) that 41 off -site parking spaces will be maintained between 6 a.m. and 5 p.m. daily and 67 off -site parking spaces between 5 p.m. and 2 a.m., (the 41 off - site parking spaces between 6 a.m. and 5 p.m. are on privately owned property under the same ownership immediately adjacent to the brewpub and the additional spaces would be in the Municipal lot and would be used after 5 p.m.); 3) that the City Council rescind its earlier action allowing the use of the off -site parking spaces in the Municipal lot prior to 5 p.m.; 4) that the City will agree to enforce the restrictions on the area of service (the 1500 square feet being used prior to 5 p.m.). James Person, representing the applicant, addressed the Council and stated they feel this is a reduction of intensity in use from the time it was approved by the City Council last March; however, they do agree to the conditions of approval as imposed by both the City and the Coastal Commission. Hearing no one else wishing to address the Council, the public hearing was closed. X Motion was made to by Council Member Debay to approve Use Permit No. 3485 (Revised) with the findings and subject to the conditions of approval set forth In the attached Exhibit "A." ITEMS REMOVED FROM THE CONSENT CALENDAR None. PUBLIC COMMENTS The following persons addressed the Measure Council and expressed their reasons for opposing Measure A on the November ballot - Proposed Open Space Assessment District: Stuart Williams, 1748 Bayport Way Helen Rieron, 3201 Fourth Avenue Tom and Mike Sullivan, 121 Marine Avenue Mary Ann Towersey, 501 Rings Place, member of the Newport Conservancy Board of Directors, addressed the Council to promote the "Walk on the Wild Side" event which is scheduled for Sunday, October 10 and begins at the Castaways site at 16th Street and Dover Avenue and concludes at the same site for a sunset picnic and other attractions for public enjoyment. Registration forms are available at the libraries and at the Parks, Beaches 6 Recreation Department!. Volume 47 - Page 254 (R; A COUNCIL MEMBERS MWO' • CITY OF NEWPORT BEACH September 27, 1993 Randy Johnson, representing Newport Taxpayers Alliance against Measure A, addressed the Council and stated why he felt the Newport Conservancy should cease its contributions to the Committee to preserve the Castaways and Newporter North parcels. He also felt the "Walk on the Wild Side" activity has become a blatant political event. Claudette Mann, representing Newport Mesa Board of Realtors, addressed the Council regarding a community outreach program they are sponsoring on Measure A on October 6, 7:30 p.m. in the City Council Chambers. She stated the Board is not taking a position on the Measure, and that the purpose of the meeting is just to keep everyone informed. She stated the panel will consist of Mayor Turner, and a representative from The Irvine Company, the Newport Taxpayers Alliance and the Newport Conservancy. Delores Otting, 17 Hillsborough, addressed the Council and stated she is still waiting for a response to the letter she wrote concerning the City's recycling program, ana the rrancnise with Dimension Cable Television. In addition, she asked questions regarding the proposed Automated Refuse Collection program. The City Manager advised Ms. Otting that he has gathered the information needed to respond to her letter and she should be hearing from him soon. Dave Niederhaus, General Services Director, in reply to some of Ms. Otting's remarks, reported that the barrels that will be used for the Automated Refuse Collection program have not yet been purchased; however, the City will be conducting two informational meetings, including a demonstration of the truck that will be used in the program, tomorrow evening at 7 p.m. at the Police headquarters on Santa Barbara, and on Wednesday evening at the Mariners library. He stated that even though there are funds in the current budget, no purchases have been made for trucks or containers for this program which is not scheduled to begin prior to mid - January. The barrels come in 60 and 110 gallon sizes and it is up to the consumer to select the size they feel fits their needs. Mr. Niederhaus also stated he has a video showing the thirteen cities already using the Automated Refuse Collection program which he will share with the City Council at a future meeting, as well as a live demonstration of the equipment and containers for the benefit of those watching the meeting on television. Volume 47 - Page 255 MINUTES Measure A Recycling/ Cable TV COUNCIL MEMBERS \M OV ROLL is • • CITY OF NEWPORT BEACH \ \\ September 27, 1993 Bruce Lloyd, 1826 Toyon Lane, addressed the Council and spoke in opposition to Measure A, and the proposed Automated Refuse Collection program. He also felt that if the City closes Newport Pier, it will only create additional crime - related problems in the City's parks. Bruce Gage, Marcus Lane, addressed the Council and received clarification from the Mayor on the difference between the proposed assessment district and a bond issue. John Sipple, 452 Seaward, addressed the Council in opposition to Measure A and the proposed Automated Refuse Collection program. He also stated that the City park adjacent to the Elks Lodge on Via Oporto has been in need of upgrade for over one year and should be investigated. In response to the comments made by the speakers regarding Measure A. Mayor Turner and Mayor Pro Tem Watt emphasized that the Measure on the ballot in November is only an advisory vote and does not institute a tax. If Measure A receives a 60% favorable vote to initiate an assessment district, then two public protest hearings must first be held and more than 50% of the property owners must protest the proposed tax in order for the assessment district to not occur. It was also noted that assessment districts do not fall under the jurisdiction of Proposition 13. Helen &ieron, 3201 Fourth Avenue, addressed the Council again regarding privatization of the City tree trimmers. Sid Soffer, 900 Arbor Street, Costa Mesa, and owner of three parcels in the City, addressed the Council and indicated he felt the 10% penalty the City imposes on delinquent water bills is somewhat high. In his opinion, he does not feel that the property values in the :McFadden Square area have increased since the improvements were made by way of an assessment district, and that closing the pier or increasing meter operation will not help the small businessmen in the area. John Sipple, 452 Seaward Avenue, addressed the Council again and complimented the City on its services; however, he felt it was not in the best interest of the City to contract outside the City for services such as certain refuse collection, tree trimming, etc. Volume 47 - Page 256 MINUTES INDEX Measure A Privatiza- tion City Servs Revenues/ Taxes CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES R01 I CA \ September 27, 1993 TMWV CONTINUED BUSINESS 10. BICYCLE TRAILS CITIZENS ADVISORY BT /CAC COMMITTEE VACANCY. Motion x Motion was made by Mayor Pro Tom Watt (District 5) to defer appointment to • October 11, 1993 to fill the unexpired term of Dorothy Beek ending December 31, 1993.. So ordered There being no objections, it was so ordered. CURRENT BUSINESS 11. Report from the Deputy City Manager 4210 River concerning CONSIDERATION OF BIDS FOR Prop Acq 4210 RIVER AVENUE. (73) The Deputy City Manager summarized his initial and supplemental staff reports, noting that pursuant to previous City Council action, the staff can only approve an offer that nets the City $350,000, and anything below that amount must come back to the Council for approval. An all cash offer for the property was received for $362,500, subject to City Council approval, following a counter -offer negotiation. In the interim, another offer was received for $367,000, also all cash. The net to the City for the latter offer is $345,650 due to the $18,350 commission; however, the net amount is • still below the $350,000 and that is the reason this item is back before the Council. The Deputy City Manager further noted that since the above two offers were received, the second highest bidder has stated that he would be willing to match the $367,000 offer, and as a result, the Deputy City Manager recommended the City Council direct the City Clerk to receive additional sealed bids from the current two highest bidders for the purchase of 4210 River Avenue up to 10 a.m., Tuesday, September 28, 1993. He stated that the bidder who nets the City the most will be the successful bidder. Tom Miller, Realtor, Property House, 6308 W. Coast Highway, addressed the Council and stated his client submitted the highest offer and would like to see this transaction consummated at this time and not have to submit another bid offer. He indicated that if the City takes the risk of going to the sealed bid process, someone could drop out and the City could end up with a lower net than has already been offered. • Volume 47 - Page 257 CITY OF NE"ORT BEACH COUNCIL MEMBERS Motion Motion Ayes Noes Motion All Ayes • X X x x x x x X September 27, 1993 Ron Beard, 218 48th Street, addressed the Council and stated that he is the person who accepted the counter offer from the City of $362,500. He noted that he has the cash in the bank; he has lived in the area for 13 years; and inasmuch as he submitted an offer which was accepted, subject to City Council approval, he felt his bid should be valid and approved. He stated he did not think it was fair for the City to accept his offer and then "shop" later for a higher offer. He also has executed a written contract with the City which he stated should be honored. Discussion ensued wherein the City Attorney commented that there is no specific statutory process for the sale of real property other than what the City has already complied with, and he does not believe the contingency that the Deputy City Manager put on the offer "subject to City Council approval," deprives the City Council of the option to accept the higher bid. However, he does feel that Council's failure to accept the highest bid or to proceed with a sealed bid process could have an affect on future bidding where there has been an offer made by the City, accepted by the other party, subject to Council approval. He also felt that Mr. Beard's argument was a valid one relative to the effect of not accepting his bid in future cases where the City is selling property. The City Council has the option of rejecting both offers inasmuch as the City has yet to reach the net of $350,000 as originally intended. Following consideration, Mayor Turner made a motion to direct the City Clerk to receive additional sealed bids for the purchase of 4210 River Avenue up to 10 a.m., Tuesday. September 28, 1993 when all 'bids will be opened, and to authorise the Mayor and City Clerk to execute all documents to transfer the property to the bidder who provides the highest net dollar value to the City as determined. by the City Manager, provided however, that the accepted bid shall be no less than $345,650 net to the City. Motion was made by Council Member Debay to amend the foregoing motion to require that the net to the City shall be no less than $350,000, which motion carried. 12. AVIATION COMMITTEE VACANCY. Motion was made to accept letter of resignation from Robert Olds with regret, and defer appointment to October 11, 1993 to fill vacancy as Homeowners Association Representative. Volume 47 - Page 258 MINUTES INDEX 4210 River Avenue Aviation Cmte (24) M A es • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES t September 27, 1993 INDEX Parking/ Meters (85) 13. Report from Off- Street Parking Committee recommending adoption of proposed resolution to extend hours of operation of PARKING METERS ADJACENT TO RENDEZVOUS CONDOMINIUMS at Palm and Ocean Front. X Due to new information received relative to this item, motion was made by Council Member Debay to defer action on this matter until the staff has met with the affected parties. Meeting adjourned at 8:45 p.m. The agenda for this meeting was posted on September 23, 1993, at 10:30 a.m. , on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayo ATTEST: City Clerk P ®RT k O P / FO FL Volume 47 - Page 259 INDEX Parking/ Meters (85)