Loading...
HomeMy WebLinkAbout04/25/1994 - Regular MeetingPresent Excused Motion All Ayes n A Ayes Motion Ayes No Motion All Ayes CITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL TIME: April rs ril 25Chambe x x MINUTES x x x x x ROLL CALL x x Reading of Minutes of Meeting of April 11, 1994, was waived, approved as written, and ordered filed. x Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. 1. The City Council met in joint session with the Board of Library Trustees to discuss the new Central Library and the Newport Beach Public Library Foundation, and the agenda was received and filed. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA OR RAISE FOR DISCUSSION• 2. Council Member Hart indicated that inasmuch as many of the items removed from the Consent Calendar have been taking up a considerable amount of time while people are waiting in the audience to address a public hearing item (which was advertised for 7:00 p.m.) she felt that public hearings should be placed on the agenda before the Consent Calendar. x Following discussion, motion was made by x x x Mayor Turner to leave the order of the x x agenda as presently exists. STAFF REPORTS - For discussion only:' 3. Report from Public Works Department - PRELIMINARY 1994 -95 BUDGET FOR CAPITAL PROJECTS, SPECIAL STUDIES AND CONTRACT MAINTENANCE. Following a summation by the Public Works Director, staff was directed to come back with additional information on certain items of Council concern. STAFF REPORTS - For action: 4. Report from Planning Department regarding CIOSA IMPLEMENTATION. x Following an outline of the staff report by the City Manager, comments by Tom Redwitz of The Irvine Company, and discussion by the Council, motion was made by Mayor Turner to approve the concept of the formation of a CIOSA Implementation District: allow the Ad Hoc Committee to continue meeting regarding the formation of the district; authorize staff to retain bond counsel to advise City staff on the formation of the district, and bring back a budget amendment at the next meeting. 5. Report from Utilities Department recommending adoption of Council Policy M -7, INSTALLATION AND OPERATION OF ELECTRONIC VOICE -MAIL COMMUNICATIONS. volume 48 - Page 124 INDEX PW (74) Planning (68) Council Policy M -7 (69) COUNCIL MEMBERS C\nLL Motion All Ayes • Motion All Ayes 3! CITY OF NEWPORT BEACH April 25, 1994 Following outline of the staff report by the City Manager, motion was made to adopt City Council Policy M -7 governing the installation and operation of Electronic Voice -Mail Communications. 6. Report from Revenue Manager, Finance Department regarding SPECIAL EVENT APPLICATION NO. 94 -001 - Approve the application, subject to conditions in the staff report for IN -LINE SEATING E%HIBITION at B- Street Parking Lot on July 31, 1994, from 11:00 a.m. - 4:00 p.m. Glen Everroad, Revenue Manager, summarized his report and stated the Council may approve the issuance of the permit upon satisfaction that the applicant has obtained the support of local businesses and residents for the proposed activities. Alternatively, Council may deny the issuance of this permit with a finding that the applicant cannot satisfy the requirements of Chapter 5.10 that the proposed event would be conducted in a suitable location with adequate off - street parking. Mr. Everroad submitted a letter from the Balboa Merchants /Owners Association, in support of the request, but also noted that the applicant made no attempt to communicate with residents in the affected area. Rick Stark, representing the applicant, offered the following information regarding the proposed event: it is geared as family entertainment and will be from 10 a.m. to 4 p.m.; ESPN sports channel will be providing publicity for the event, and it is their hope to allocate one - minute of television time to the City of Newport Beach; the event will be profit making for many of the merchants in the downtown Balboa area; they will provide as much security as needed, medical staff, and any additional police personnel as deemed appropriate, and no alcoholic beverages will be served on the premises. Following discussion regarding the proposed location of the event, and the setting up of ramps, tents, etc., in the evening hours, motion was made by Council Member Hedges to defer this item to Nay 9, 1994, in hopes that the applicant can find a more suitable location. Mr. Everroad commented that the only other alternative location was the Newport Dunes; however, it is his understanding that the date requested by the applicant has already been reserved for another activity at that location. 6.(b) Report from the City Manager regarding ZERO EMISSIONS VEHICLE (ZEV) PROGRAM. Volume 48 - Page 125 MINUTES INDEX Special Event Apl 94 -001 (27) (85) CITY OF NEWPORT BEACH COUNCIL MEMBERS RN 1 fR{ I� * �o-k\ April 25, 1994 MINUTES INDEX Motion x Following discussion, motion vas made by Mayor Pro Tem Watt to draft a resolution supporting the need for Zero Emission Vehicle submitted by the League of California Cities and transmit the same to the California Air Resources Board. Mon x Substitute motion was made to authorize the Mayor to send a letter to the California Air Resources Board as directed by the City Council. Motion x A second substitute motion was made by Ayes x x x Council Member Debay to defer this item to this evening's agenda, which motion Noes x x x was voted on and FAILED. Ayes x x x x The substitute motion made by Council Noes x x Member Hedges vas voted on and carried. 6.(c) Report from the City Manager regarding Business PERSONAL CARE FACILITIES. License/ Personal Council Member Sansone indicated he Care Fac placed this item on the agenda regarding (27) information he recently received that a current nail and beauty salon located on Pacific Coast Highway in Corona del Mar was planning on moving and expanding into a new location. The planned expansion would create 50 chairs into a former bank facility with 25 parking spaces. The proposed Ordinance is an interim emergency measure prohibiting the issuance of any permits for or the establishment of new retail personal • service businesses. Roy Hagerthy, 303 Narcissus, stated he was speaking on behalf of residents in the immediate area, and urged support of the proposed emergency Ordinance. He emphasized the impact the proposed salon would have on parking in their residential area, and referenced a petition that was circulated over the weekend with approximately 30 signatures against the proposed use. Motion x Following consideration, motion vas made Emerg Ord All Ayes by Council Member Sansone to adopt 94 -22 Emergency Ordinance No. 94 -22. The meeting adjourned to Closed Session at 4:15 p.m. and recessed at 6:00 p.m. The meeting reconvened at 7:00 p.m. with Council Member Cox in attendance. Presentation by Members of the Environmental Quality Affairs Citizens Advisory Committee of ENVIRONMENTAL ACHIEVEMENT AWARDS to Ensign Jr. High School students and Oasis Senior Club. Mayor Turner presented a Proclamation to Virginia Herberts, Parks, Beaches and Recreation Commissioner, in recognition of ARBOR DAY, APRIL 28, 1994. Ralph Rodheim, Newport Beach resident, showed a short video highlighting the WHITBREAD AROUND THE WORLD SAII RACE. He introduced Dr. Neil Barth who officially announced that he will be entering the 1997 sailing yacht race. Volume 48 - Page 126 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CALL �y�y Motion All Ayes • 0 • April 25, 1994 INDEX Ord 94 -18 Mariners Mile /Zoning (94) PCA 796 x Motion was made by Mayor Turner to consider Agenda Item No. 24 relating to proposed ORDINANCE NO. 94 -18 at this time. CONTINUED BUSINESS 24. Reintroduction of proposed ORDINANCE N0. 94 -18, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING PORTIONS OF THE MARINERS NILE SPECIFIC AREA PLAN (CHAPTER 20.62 OF THE NEWPORT BEACH MUNICIPAL CODE) RELATING TO PARCELS ON THE NORTHERLY SIDE OF WEST COAST HIGHWAY SO AS TO ALLOW THE PLANNING COMMISSION OR CITY COUNCIL TO WAIVE A PORTION OF THE OFF - STREET PARKING REQUIBELJENT IF CERTAIN CRITERIA ARE MET, AND MODIFY THE FINDINGS REQUIRED TO APPROVE STRUCTURES EXCEEDING THE BASIC 26 -FOOT HEIGHT I T UP TO 35 FEET (PLANNING COMMISSION AMENDMENT NO. 796); AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT. Report from Planning Department. The City Clerk advised that after the agenda was printed, two letters were received regarding the proposed Ordinance from the Balboa Bay Club and Dickson Shafer, 232 Evening Canyon Road. In addition, seven telephone messages were received in opposition to changing the current Ordinance. The City Attorney stated that by way of introduction, he prepared a packet which contains six variations of the proposed Ordinance, i.e., 1) current language, 2) Council initiated amendment, 3) Council discussed amendment, 4) Ordinance recommended for introduction on April 11, 1994, 5) Cliff -Haven proposal, and 6) Merchant's proposal. He stated this item is an outgrowth that began 2 to 3 years ago regarding a concern of the economic impact of dedication provisions in the Mariners Mile Specific Area Plan which required property owners to dedicate the 12 foot of highway frontage on the inland side of Coast Highway whenever their property was going to redevelop. The Ordinance under consideration applies only to property on the inland side of Coast Highway between the Arches Bridge and Rocky Point. Last November, the City Council adopted two amendments to the Mariners Mile Specific Area Plan Ordinance, i.e., 1) the first amendment revised the dedication criteria so that dedication is no longer required unless the project is at least 25,000 sq. ft., generates a certain amount of traffic and creates the need to widen the highway, and 2) the second amendment added the highway Volume 48 - Page 127 INDEX Ord 94 -18 Mariners Mile /Zoning (94) PCA 796 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL April 25, 1994 MINUTES setback dedication area to the Mariners calculation of buildable area. As a Mile/ result of other concerns, two more Zoning amendments were adopted, 1) changed the criteria to allow a structure to go from 26' to 351, and 2) authorized a waiver of parking that might be required for that additional floor area. Reference was made to two handouts prepared by staff at the request of Council Member Hart identifying a typical lot in Mariners Mile area on the inland side to determine whether or not, using the current zoning restrictions, the density could actually be built. The Planning Director explained the drawings, and noted that each solution shows how that particular lot could be developed within the 26' height limit and still get all of the square footage and parking on the property. During discussion it was pointed out that the City's height limit zones have been in effect since 1972, and the only portion of a roof that could reach to 40• would have to be a pitched roof and it could only be the ridge of the roof. Following discussion, Mayor Turner re- opened the public hearing and asked for public testimony. The following persons addressed the • Council and urged the current Ordinance be left unchanged: John Sturgess, 601 Cliff Drive Art DeLaLoza, 220 Kings Place Fran Fagan Bennett, 3000 Cliff Drive Steve Jacobsen, 5 Park Place Don Williams, 2936 Cliff Drive Bob Newberry, 6 Park Place Vicki Edwards Ziesche, 2401 Cliff Drive William Bennett, 3000 Cliff Drive Nancy Chocek, 233 Santa Ana Avenue David Grant, 2205 Cliff Drive Christopher Laurence, 3012 Cliff Drive Jack Yearlings, 411 Kings Road Howard Tuttle, 4 Park Place Dana Anderson, 340 Catalina Drive Carol Drew, 420 Kings Road Shelly Sturgeon, 436 Snug Harbor Sandra Ayers, 2800 Cliff Drive The above speakers indicated, in part, the following: 1) they were not notified of the proposed amendment, 2) the Negative Declaration is invalid and predates the language in question, 3) if the proposed Ordinance is adopted, public and private views will be lost • and property values will decrease, 4) the lack of parking on Coast Highway will increase parking on their neighborhood streets, 5) the proposed document violates the intent of Mariners Mile Specific Area Plan, sets several very dangerous precedents, and does more harm than good, and 6) the City should Volume 48 - Page 128 CITY OF NEWPORT BEACH COUNCIL MEMBERS R01 I CRI t��sT� ����\\ April 25, 1994 MINUTES IISIW4 pay just compensation for its property Mariners rights and those rights not be taken at Mile/ the expense of others. Zoning Steven Sutherland, representing Mariners Mile Association,, spoke in support of the Merchants' proposal contained in the packet referred to earlier in the meeting by the City Attorney. He also read from a flyer which was circulated in the area regarding this issue which he indicated contained many false statements. Sid Soffer, 900 Arbor Street, Costa Mesa, discussed public views, property rights, and public hearing notice requirements. Dan Daniels, representing Ardall Investment Co., stated that they do not intend to develop their property in the immediate future, and are in support of the Merchants' proposal. Ernie Lisk:e, 503 32nd Street, stated the wording contained in the Merchants' proposal is the exact language that exists in the present Specific Area Plan, plus the language proposed by the City Attorney two weeks ago. Also, there is no change in the protection of views in the Merchants' proposal. He recommended the Council adopt the Ordinance attached to the staff report which incorporates the language of the existing Mariners Specific Area Plan and the language which appeared to be acceptable proposed by the City Attorney. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made by Council Member Hart to reintroduce ordinance Ho. 94 -18, approving Alternative Mo. 2 (attached to the staff report). Council Member Hart stated it is also her intent to move ahead with the waiving of the setback requirements to Dover Drive, and that the City Council initiate the waiving of the 12 foot setback as well as go to the Coastal Commission on these items. She stated this motion, in essence, says that the current language on anything above 26 feet would stay as it is today in the Specific Area Plan. Motion x Substitute, motion was made by Mayor Turner to reintroduce Ordinance Mo. 94- 18, but that the basic height limit for all buildings and structures be 26 feet; however, this height limit may be exceeded up to a maximum of 35 feet with a use permit, providing the Planning Commission, in granting such use permit, • finds that all of the following criteria are met: 1) Those portions of the structure which exceed the basic_ height limit do not significantly reduce bay or bay corridor views Volume 48 - Page 129 CITY OF NEWPORT BEACH COUNCIL MEMBERS s � ROLL CRLL April 25, 1994 MINUTES 01M from any existing public view site Mariners (flat top of the park and benches Mile /Zo i- on the slope) in Cliff Drive Park or Ensign View Park. This finding shall be based upon a photographic analysis of the view impact of that portion of the structure that exceeds 26 feet. • 2) The building or structure, as proposed, is more attractive and architecturally distinctive than a structure conforming with the basic height limit. 3) For those properties abutting West Coast Highway, that the additional height above the basic limit will facilitate all, or a portion of, the additional floor authorized by Section 20.62.030(B)(5). 4) The increased height shall in no case result in a floor area exceeding the floor area permitted by Section 20.62.030. 5) In all cases, those property affected by Section 20.62.030 (B) (5) will be allowed to build the permitted maximum floor area. Following discussion, the City Attorney stated that in reference to Mr. DeLaLoza's earlier remarks regarding whether or not this public hearing was • noticed properly in accordance with the Brown Act:, as well as pursuant to the requirements set forth in the State Zoning and Planning Act, he just researched this matter and under these circumstances, publication in a newspaper of general circulation 10 days prior to the hearing is all that is required under State law. He also stated that there was no EIR prepared for this amendment as stated by Mr. Delaloza; however, pursuant to our CEQA guidelines, the City's Environmental Coordinator prepared a Negative Declaration. There have been some changes to 'this proposal since the Negative Declaration was completed, but it is up to the City Council to determine whether or not those changes raise environmental concern which the Environmental Coordinator did not consider. Following further consideration, the City Attorney suggested the staff be given 30 days in which to meet with representatives from the affected homeowner associations and a representative from Mariners Mile, in • hopes of coming up with a compromise to this matter. Council Member Hart indicated she would like her motion to be a basis to work from. Volume 48 - Page 130 Motion 111 Ayes Kotion 911 Ayes i i COUNCIL MEMBERS 00V40?\A nom \k X CITY OF NEWPORT BEACH MINUTES April 25, 1994 In view of the foregoing suggestion by (Mariners the City Attorney, the Mayor withdrew Mile /Zoninf his substitute motion. Council Member Hart also withdrew her original motion, and made a new motion directing staff to meet with one representative from each of the affected homeowner groups, a representative from Mariners Mile Association, and two Council Members, on this proposed Ordinance and that it be brought back at the May 23, 1994 Council meeting. CONSENT CALENDAR The following items were approved, except for those items removed: RESOLUTIONS FOR ADOPTION Resolution No. 94 -21 declaring City's Vacation/ intention to VACATE AND ABANDON portions Abandm of public utility pipeline, storm drain Hoag Hsptl and road easements along the westerly Res 94 -21 side of the HOAG HOSPITAL PROPERTY; (90) public hearing to be set for May 23, 1994. [Report from Public Works Department] CONTRACTS AND AGREEMENTS S. IRVINE AVENUE AND 17TH STREET/WESTCLIFF Irvine Av F DRIVE CONTRACT NO. 2943 - Cooperative 17th /West- project agreement with City of Costa Cliff Dr Mesa. [Report from Public Works C -2943 Department] (38) 9. GROUNDWATER DEVELOPMENT PROJECT - Groundwtr PROFESSIONAL SERVICES AGREEMENTS Dvlp Prj CONTRACT NO. 3004 (A -D) for: Geotechnical investigation and Field C- 3004(A -D) Monitoring, to Converse Consultants; (38) Hydrogeology and Field Inspection Services to R. C. Slade and Associates; Professional Services and Engineering Consulting to Donald C. Simpson; and Field Surveying, Engineering and Project Management to DMc Engineering. [Report from Utilities Department] 10. GROUNDWATER DEVELOPMENT PROJECT - Groundwtr PROFESSIONAL SERVICES AGREEMENT/DESIGN Dvlp Prof OF REACH NO. 1, with AKM Consulting Srvs Agms Engineers to prepare detailed plans and C- 3004(e) specifications for construction of a 6,500 foot long reach of 36 -inch (38) diameter water pipeline for a fee not to exceed $101,517. [Report from Utilities Department] 11. GROUNDWATER DEVELOPMENT PROJECT - Groundwtr PROFESSIONAL SERVICES AGEEEMENT/DESIGN DvIp Prof OF REACH NO. 2, with ASL Consulting Srvs Agms Engineers to prepare detailed plans and specifications for construction of a C- 3004(f) 6,700 foot long reach of 36 -inch (38) diameter water pipeline for a fee not to exceed $97,000. [Report from Utilities Department] 12. WASTEWATER DISCHARGE FROM THE TIDELANDS astewtr OIL OPERATION - Agreement with West isch Tide - Newport Oil Company. [Memorandum from 1'(38), ands Oil Utilities Department] -3005 Volume 48 - Page 131 COUNCIL MEMBERS CITY OF NEWPORT BEACH April 25, 1994 MINUTES INDEX 13. CLAIMS - For Denial by the City Manager: (36) Bertha Copeland seeking reimbursement of $4,975.38, alleging water backup at 104 Via Ithaca on March 26, 1994, caused damage to carpets, baseboards, etc. Matt Jackson for damages, alleging he was threatened by City Police Officer, etc., on February 5, 1994 at 1508 Galaxy Drive. Anne Lemen for property damage, alleging City tree branch fell onto her parked van, breaking window on roof on March 4, 1994 on Marine Avenue, Balboa Island (City had just trimmed tree). LeRoy Shaw for personal injuries sustained by tenant living in rental unit at 406 Heliotrope Avenue, who tripped on sidewalk and sprained her ankle on April 8, 1994 as a result of raised tree roots. Paul Spradling for property damage, alleging City truck damaged awning on commercial building at 6310 Pacific Coast Highway on March 28, 1994. John Val.lely for property damage, alleging City tree branches fell onto parked vehicle on 2041 Commodore Road, causing damage on February 12, 1994. • State Department of Transportation seeking indemnity from claim filed by Stephan Galas regarding bicycle accident on Pacific Coast Highway near Tustin Avenue on September 3, 1993. 14. ACTIONS BY THE PLANNING DEPARTMENT - Planning April 7, 1994 Planning Commission (68) meeting agenda. 15. Removed from the Consent Calendar. 16. GROUNDWATER DEVELOPMENT PROJECT /3.0 Groundwtr KILLION GALLON RESERVOIR AT 16TH STREET Dev Prj/ UTILITIES YARD (CONTRACT NO. 2961 -B) - Utilities Approve plans and specifications, and yard authorize City Clerk to advertise for bids from the pre - qualified contractors; C- 2961 -B bid to be opened at 1:30 p.m. on (38) Wednesday„ June 1, 1994. [Memorandum from Utilities Department] 17. Removed from the Consent Calendar. 18. BUDGET ANENDNMS (40) BA -049, $1.5,000 - For Engineer's report, Edison and Pee Bell cost estimates, and Bond Counsel regarding UNDERGROUND UTILITIES /ASSESSMENT DISTRICT NO. 67. [Contracts approved on 4- 11 -94] • BA -050 Removed from the Consent Calendar. Volume 48 - Page 132 CITY OF NEWPORT BEACH COUNCIL MEMBERS �`� Fs April 25, 1994 ROLL C LL Motion All Ayes r-1 MINUTES IN13EX Council Policy G -5 (69) Special Events Apl 94 -071 (27) BA -051, $1,450 - For special refuse collection for the residents of NEWPORT SHORES on Saturday, June 11, 1994. [Memorandum from General Services Director] RA -052, $6,550 - For special refuse collection for the residents of NEWPORT ISLAND, WEST NEWPORT, NEWPORT SHORES AND HARBOR VIEW HILLS. [Memorandum from General Services Director] BA -053, $2,275 - For special refuse collection for the residents of HARBOR VIEW AND NEWPORT HILLS on April 30, 1994. [Memorandum from General Services Director] ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 15. Report from Community Services Department regarding PARR IMPROVEMENT DONATIONS - COUNCIL POLICY G -5. Mayor Turner indicated he did not feel the City should restrict the placement of plaques just to the one area as stated in the policy, and therefore, suggested the language be changed to read: "The tree -lined walkway at Oasis Passive Park beginning at 5th Avenue and Marguerite in Corona del Mar shall be identified as one area where a tree with a bronze plaque can be installed. Other trees with plaques can be donated and installed at locations approved by the General Services Director." Council Member Hart, former member of the Parks, Beaches and Recreation Commission, stated that a number of people like to donate trees; however, some of those trees are in poor condition, and as a result, maintenance is a major concern. Also, plaques can sometimes be difficult to mow or edge around. x Following consideration, motion was made by Mayor Turner to refer this item back to the Parks, Beaches & Recreation Commission for the development of a policy that accepts trees and at the same time recognizes people with a plaque. 17. Report from the Revenue Manager recommending approval of SPECIAL EVENTS APPLICATION NO. 94 -071, subject to conditions in the staff report, for Balboa Bay Club to have outdoor amplified sound in a residential area during a Country Western Party and Chili Cook -off on May 26, 1994, from 4:00 - 10:30 p.m. x Motion was made by Mayor Pro Tem Watt to approve the subject application, but to limit the amplified sound to 9:00 p.m. rather than 10:30 p.m. Volume 48 - Page 133 IN13EX Council Policy G -5 (69) Special Events Apl 94 -071 (27) CITY OF NEWPORT BEACH COUNCIL MEMBERS s f April 25, 1994 ROLL CALL MINUTES INDEX Motion x Substitute motion was made by Council All Ayes Member Hedges to approve the subject application, but to limit the amplified sound to 10:00 p.m., which motion carried. 18. BA -050, $55,000 - For Engineer's report, Budget Am( Edison and Pac Bell cost estimates, and 050 /Undrgi • Bond Counsel regarding UNDERGROUND Utilities UTILITIES /ASSESSMENT DISTRICT NO. 69. Dist [Contracts approved on 4- 11 -941 (40) (40 Council Member Hedges stated that he removed this item from the Consent Calendar in order to abstain from voting due to a conflict of interest. Motion x In view of the foregoing, motion was Ayes x x x x x x made by Mayor Turner to approve BA -050. Abstained x PUBLIC HEARINGS 19. Mayor Turner opened the public hearing Ord 94 -19 regarding proposed ORDINANCE NO. 94 -19, Fair Shari being, Traffic AN ORDINANCE OF THE CITY COUNCIL Cntrb OF THE CITY OF NEWPORT BEACH (26) AMENDING CHAPTER 15.38 OF THE NEWPORT BEACH MUNICIPAL CODE (FAIR SHARE TRAFFIC CONTRIBUTION ORDINANCE) TO ADD APPEAL PROVISIONS, TO PROVIDE A REVISED • LAND USE CATEGORY AND TRIP GENERATION RATE TABLE, AND TO MAKE WORDING CLARIFICATIONS. Report from Public Works Department. It was pointed out that the proposed amendment adds appeal provisions, provides a. revised land use category and trip generation rate table, and makes wording clarifications. It was also noted that the change that allows applicants that have paid fees under prof:est to appeal those fees as recommended in the Supplemental Report have been included in the revised Ordinance. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council in opposition to the Fair Share Ordinance, particularly the generation rate table, and suggested the table be reviewed again to determine if it is the "fair trip ends that are really going to be generated." He also questioned how trip ends are ascertained. Mayor Turner advised that he will be stepping down on this item due to a conflict of interest, and therefore, Mayor Pro Tex Watt took the Chair. Volume 48 - Page 134 C.\RL-L • • Motion X CITY OF NEWPORT BEACH • Ayes x x x x x Noes x Abstained x April 25, 1994 In reponse to questions raised by Council Member Hedges regarding the trip generation table, etc., Rich Edmondson, Traffic Engineer, reported that the list included in tha staff report, and the rates on that list, were developed in 1988 when the City last reviewed the transportation model. Many of the rates were adjusted based specifically on counts taken within the City on a variety of land uses. With regard to beaches, he stated-it is assumed since a beach basically has been here and there is no new beach being developed, it is a category to quantify land within the City, but that by itself has no specific separate generation rate. There is also a provision in the Ordinance that if a use stays the same, there is no additional fee; however, if the use increases from an office to a restaurant, then that person would have to pay the differential between the two rates. Don Webb, City Engineer, commented that the Fair Share Fee is to try to make up the difference between what public funding can take care of, and the cost to build out the Circulation System. The Fair Share fee right now is handling 15 %. The other 85% of public funding is handling the part that is regional beach use. Brooke Bentley, Manager of the Pacific Club, spoke in support of the proposed amendment, particularly the appeal provision inasmuch as when they converted a dirt cellar to a storage area they were charged $7,000 in Fair Share Fees. They feel they have taken traffic off the streets since deliveries are less frequent, and as a result, are going to appeal the charge. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made by Council Member Cox to adopt Ordinance Mo. 94 -19; and Resolution Ho. 94 -22 providing the Fair Share Implementation Resolution that is required by the revised Fair Share Traffic Contribution Ordinance. Council Member Sansone stated he will not be supporting the fee increase as he does not feel it is justified, inasmuch as the City is receiving Measure M funds for road improvements, etc., which the people are already being taxed on. Following discussion, Council Member Hedges requested that at a future meeting, the City Council discuss the matter of reviewing the Fair Share rates on an annual basis. The motion was voted on and carried. Mayor Turner resumed his Chair at this time. Volume 48 - Page 135 MINUTES INDEX Fair Share Traffic Cntrb Res 94 -22 CITY OF NEWPORT BEACH COUNCIL MEMBERS S IR April 25, 1994 ROLL CRLL • Aye s M Al yes MINUTES INDEX Ord 94 -20 Zoning/ Appeal (94) PCA 795 Ord 94 -21 Zoning (94) PCA 798 20. Mayor Turner opened the public hearing regarding proposed ORDINANCE MO. 94 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLES 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REDUCE THE REQUIRED APPEAL PERIOD FOR PLANNING COMMISSION ACTIONS TO LESS THAN 21 DAYS (PLANNING COMMISSION AMENDMENT NO. 795). Report from Planning Department. It was noted that in order to streamline the development review process and reduce some of the processing time, it is recommended the appeal period be reduced from 21 days to 14 days, which is consistent with the 14 day appeal period from the Modifications Committee's action. Such a change will still allow 10 working days in which to file an appeal. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that the appeal period in Costs Mesa is only 7 days, and he has always been in favor of the 21 day appeal period in Newport Beach. Hearing no others wishing to address the Council, the public hearing was closed. X Notion was made by Mayor Turner to adopt Ordinance No. 94 -20. 21. Public hearing regarding proposed ORDINANCE NO. 94 -21, 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 PROVIDE MORE SPECIFIC WORDING IN THE CODE THAT RESTRICTS ROOF HEIGHTS ABOVE TOP OF CURB, ON THE BLUFF SIDE OF OCEAN BOULEVARD IN CORONA DEL MAE (PLANNING COMMISSION AMENDMENT NO. 798). Report from Planning Department. It was noted that the proposed amendment would establish a horizontal plain extended from the top of curb as a reference point and allow the Planning Director to interpret the regulation in each case where a question arises as to where the height would be measured. Hearing no one wishing to address the Council, the public hearing was closed. x Following discussion, motion was made by Council Member Sansone to adopt Ordinance No. 94 -21. Volume 48 - Page 136 INDEX Ord 94 -20 Zoning/ Appeal (94) PCA 795 Ord 94 -21 Zoning (94) PCA 798 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRL�L������ April 25, 1994 MINUTES INDEX 22. Mayor Turner opened the public hearing 1994 -95 F regarding "Statement of Community CDBG Prg Development Objectives and Proposed Use (87) of Funds" for the CDBG PROGRAM, 1994 -95 FISCAL YEAR. Report from Planning Department. • Craig B1uell, Principal Planner, addressed the Council and reported that in order for the City to participate in this program, the City must annually adopt this Statement and use it for its submission to the Department of Housing and Urban Development. It is HUD'S requirement that all activities accomplish at least one of the three national goals of principally benefiting low -and moderate- income persons, preventing or eliminating slums and blight, or responding to urgent health and safety needs. HUD regulations also require cities to spend at least 70% of their program funds to directly benefit low income persons. This public hearing has been noticed in accordance with HUD and City requirements. Debbie O'Connor, Executive Director of FISH, addressed the Council and thanked them for their support in the past years. She stated that due to the economy, the homeless situation is getting worse as well as the jobless rate. Besides helping the homeless, their organization helps those who are at risk of becoming homeless, as well as to keep them off the streets. The number of homeless would increase if they did not receive financial support from outside agencies. Jean Wegener, Executive Director of SPIN and resident of Newport Beach, addressed the Council and expressed appreciation for past funding assistance, and outlined the various programs and support services they provide to the homeless, etc. Barbara Carlson, representing Interval House Crisis Shelter for Women and Children, addressed the Council and read into the record a prepared statement about their organization, its purpose and functions, and thanked the City for their continued support. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Notion was made by Mayor Turner to adopt Res 94 -2. All Ayes Resolution No. 94 -23, authorizing the City Manager to submit the 1994 -95 Final Statement, including all understandings and assurances contained therein, and to • act as the official representative of the City in connection with the submission and application and to sign contracts with appropriate subagents to carry out programs in the approved budgets. Volume 48 - Page 137 COUNCIL MEMBERS CITY OF NEWPORT BEACH April 25, 1994 MINUTES INDEX 1 23. Mayor Turner opened the public hearing PCA 799 regarding PLANNING COMMISSION AME'NDMBNT Zoning /Kol NO. 799 - Request to amend the Koll Center P -C Center Newport Planned Community (94) Development Standards so as to increase the allowable building height in "Light Industrial Site No. 1" from 55 feet to 75 feet, .located at 4311 Jamboree Road • between MacArthur Boulevard and Birch Street. Report from Planning Department. Council Member Sansone vacated his chair at this time due to a conflict of interest. It was noted that the proposed amendment will accommodate the addition of air handling equipment necessary for planned additions to the manufacturing portion of the research facility. The surrounding area is developed with mid and high rise office buildings, and the proposed height limit is considered compatible with the area. The applicant has submitted an elevation of the facility which depicts the height of the structures with the existing height limit. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Notion was made by Mayor Turner to adopt Res 94 -24 Ayes x x x x x x Resolution No. 94 -24. Ab�ned x 0 PUBLIC COMMENTS 1. Dr. Harold S. Jasper, 1218 Sand Key, representing Newport Beach Taxpayers Alliance, submitted a prepared statement which he read into the record describing how the City can prevent the $3,000,000 in budget cuts recently proposed by the City Manager without increasing taxes. The City Manager stated he would like to meet with Dr. Jasper to clarify and respond to some of his statements which may have been misconstrued regarding employee medical coverage. PERS contributions, cost of living increases, etc. 2. Sid Soffer., 900 Arbor Street, Costa Mesa, stated that whenever he addresses the City Council, he attempts to generalize his comments, not make personal attacks on individual Council Members, and felt overall that the Newport Beach City Council is a "well - balanced /educated" Council. • Meeting adjourned at 11:30 p.m. Volume 48 - Page 138 1 • is CITY OF NEWPORT BEACH COUNCIL MEMBERS \*00 G` X April 25, 1994 The agenda for this meeting was posted on April 20, 1994 at 3:30 p.m.; and the supplemental agenda was posted on April 22, 1994 at 4:15 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ( 4 Mayo ATTEST: Volume 48 - Page 139 MINUTES