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HomeMy WebLinkAbout08/22/1994 - Regular MeetingCOUNCIL MEMBERS CR 1'�s T �"I I Present x x Absent Motion All Ayes M Lon All Ayes • • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 2:00 P.M. DATE: August 22, 1994 X. I x I x I x I x I ROLL CALL x x Reading of Minutes of Meeting of August 8, 1994 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. MATTERS WHICH A COUNCIL MEMBER WOULD LIRE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Council Member Hart requested tentative maps be included in future Modifications meeting backup material for reference. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REP RT• None. JOINT MEETING WITH THE BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE. Chairperson Joann Lombardo gave a summary regarding their agenda, emphasizing Bicycle Master Planning and Bicycle Safety, and requested that as vacancies occur on the advisory committee, Council seek those residents whose interests are in bicycling. Barbara Gaughran, Committee Secretary, commented that most of the discussions at the meetings center around the Ocean Front Boardwalk expansion issue, and several bicycle committee members have become disgruntled as a result. Chairperson Joann Lombardo announced that the Annual Bike Event will be October 16 at Newport Dunes, and that everyone is invited. Donald Harvey, Member, addressed the Council advising that he has been working on updating the City's Bicycle Master Plan to be consonant with the requirements of SB1095, and SB821, etc., to be eligible for Bike Lane Account money. He also stated that he has solicited qualified bicyclists to apply for vacancies on the Committee. The Planning Director advised that the General Plan is amended three times per year (February, May and October) and updating the City's Bicycle Planning is a part of the Circulation Element. Donald Harvey advised that you will find more bike commuters if there are destination facilities (showers, clothes lockers and bike lockers to secure bike parking), and bike lanes on all of the arterials. Volume 48 - Page 295 MINUTES (24) COUNCIL MEMBERS CRLL I Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes M A es CITY OF NEWPORT BEACH MINUTES August 22, 1994 INDEX 24) 44) 68) 68) Frank Robinson, 1007 Nottingham Road, Member of 'Friends of Newport, addressed the Council on bicycle /pedestrian rights -of -way on Back Bay Road, pursuant to the Department of Motor Vehicles regulations where there are no sidewalks. COUNCIL COMMITTEE REPORTS - For discussion only (received and filed): x 1. Environmental Quality Affairs Committee - August 1, 1994 Minutes. STAFF REPORTS - For discussion (received and filed: x 2. Tree Abuse - Memorandum from General Services Director. x 3. Personal Service Establishments - Interim report from Planning Department. STAFF REPORTS - For discussion /action: x 4. Actions taken by the Planning Commission on August 18, 1994 - Following comments by the Planning Director, motion was made to receive and file report from Planning Department. SUPPLEMENTAL AGENDA ITEM: Balboa Bay Club - Report from City Manager. x Motion was made that pursuant to posting requirements of the Ralph M. Brown Act, the Supplemental Agenda Item (regarding the Balboa Bay Club Legislation) discussion be deferred to the 7:00 p.m., evening session. ADJOURNED TO CLOSED SESSION AT 3:00 P.M. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED AT 4:30 P.K.. BY THE CITY ATTORNEY AND CITY MANAGER AS FOLLOWS Purchase of the Wells Fargo Bank property at 600 E. Balboa, for the acquisition price of $787,500 was approved. The parcel is being acquired through the use of the Offstreet Parking Fund revenues, and is to be used for parking consistent with the limitations imposed on use of parking revenues. The specific funding for the acquisition of the property will come from Central Balboa parking fees (approximately $500,000), with the balance of the purchase price and improvement costs coming from other parking areas which will be reimbursed from the Central Balboa funds over a period of time. It is anticipated that this acquisition will generate much needed (39) parking spaces in Central Balboa and this item will return to the City Council for approval of plans and specifications for the improvements. RECESSED AT 4:40 P.M. RECONVENED AT 7:00 P.M. Council Member Cos was present for the evening session. Volume 48 - Page 296 INDEX 24) 44) 68) 68) CITY OF NEWPORT BEACH COUNCIL MEMBERS yF� ROLL CALL Fs August 22, 1994 MINUTES Tory Presentation of thermoplaques to the following former members of Boards /Commissions; Jean Kiger, Board of Library Trustees; Albert Graham, Jr., Civil Service Board; Virginia Herberts, Parks, Beaches & Recreation; and Harry Merrill, Planning Commission. SUPPLEMENTAL AGENDA ITEM° Balboa Bay Club Legislation - Report Balboa Ba, from the City Manager. Club The City Manager advised that following C -519 discussions with the State Lands (38) Commission and Senator Marian Bergeson's office, in the staff report of August 19, 1994 to Council, the recommendation is for endorsement of a legislative proposal; wherein the City will receive 958 of the Bay Club's revenues, with 5% received by the State Lands Commission to fund State review of management of public trust property; and five years after the effective date of any new Bay Club lease, the State Lands Commission would be required to approve a formula of 90% to the City and 10% to State Lands. Presumably at that time the City would be receiving greater revenues from the expanded and redeveloped project which would permit sharing with the State Lands Commission for greater oversight activities on their part. Also, the City staff endorses this legislative proposal for • several reasons: 1) Based on conversations with the City's economic analyst on the Bay Club project the redevelopment of the Bay Club is economically infeasible without the resolution of the Terrace Apartments issue (State Lands staff contends the private apartments are located in a State Tidlands Zone and, therefore, be open to the public). The Terrace Apartments now represent a significant portion of the revenue stream and will be relied upon for any redevelopment to take place by a lender. If conversion of the apartments in 1998 isn't resolved, the redevelopment and lease negotiations will await future legislative or judicial action; 2) This session is the last session of the State Legislature for Senator Bergeson who has effectively lobbied for this legislation on the City's behalf. The City will have to start over next year with new State representatives who may not have the political strength and prominence now enjoyed by Senator Bergeson; Volume 48 - Page 297 CITY OF NEWPORT BEACH COUNCIL MEMBERS c�, �ti`o, �9�'� IR\`A9f ROLL CRLL s August 22, 1994 MINUTES INDEX 3) Staff does not believe that any Balboa Ba} future attempts at this Club legislative resolution will be successful without the provisions for State Lands financial assistance; . 4) Legal or judicial attempts to resolve the issue of uplands or tidelands may be very expensive and without guarantee that the City would succeed. Motion x Council Member Hart stated that she feels the new wording the City staff has come forward with is more factual than what was originally presented and more helpful to the Council; and therefore, made a motion to adopt the legislation with the changes. Motion x Discussion ensued, wherein Mayor Pro Tem Watt made a substitute motion that the City include in the requirements, °that of the 108, 58 would go toward the funds the State Lands Commission uses for interest in public access or wetlands protection." The City Attorney stated that he discussed the foregoing with the City's representative at the State Lands Commission this afternoon, and the reply was that the State Lands staff would oppose the legislation. • Council Member Cox discussed his concerns, but stated that in other legislation that he has come in contact with, he recalls a figure of 38 maximum for administration and suggested that this might be pursued. Mayor Turner stated that he will support the original motion made by Council Member Hart because of the risks at this point, but with the understanding that staff talk with Senator Bergeson and perhaps strike a better deal and insert some language that puts the State Lands Commission in a position whereby they would have to justify their budget and if they have excess money this should go back to wetland uses, etc. Motion x Council Member Hedges made a second substitute motion to give staff the authority to the extent proposed by Council Member Hart in her main motion, and for staff to work with Senator Bergeson and State Lands staff to achieve the goals proposed by Mayor Pro Tem. Watt. Beverly Ray, Chairman of the Board of Directors, Balboa Bay Club, addressed the Council stating she is concerned that since an offer has already been made, the City's hard work regarding the Terrace Apartments could be jeopardized if staff has to go back again. "yes x x x x x x Second substitute motion made by Council Member Hedges, was voted on and carried. oes x Volume 48 - Page 298 COUNCIL MEMBERS ROLL CRLL \ Motion All Ayes • • CITY OF NEWPORT BEACH August 22, 1994 CONSENT CALENDAR. The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Schedule for public hearing on September 12, 1994: 5. Proposed ORDINANCE NO. 94 -44, 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 ADD CHAPTER 20.65 (SPECIFIC PLAN DISTRICT: CENTRAL BALBOA) AND AMENDING DISTRICTING MAP NO. 11 TO REDESIGNATE THE AREA WITHIN THE PROPOSED BOUNDARIES OF THE CENTRAL BALBOA SPECIFIC AREA PLAN FROM RSC -R, RSC -R -Z, MFR, R -2, R -2, AND U TO SP -8 (PLANNING COMMISSION AMENDMENT NO. 802); [Report from Planning Department] F PI GENERAL PLAN AMENDMENT NO. 94 -1 D - Request to initiate an amendment to the Land Use Element of the General Plan so as to reflect land use changes proposed as part of the Central Balboa Specific Area Plan, and the acceptance of an Environmental Document; AND Local Coastal Prostram Amendment No. 33 - Request to initiate an amendment to the Local Coastal Program Land Use Plan so as to reflect land use changes proposed as part of the Central Balboa Specific Area Plan; AND AMENDMENT NO. 802 - Request to initiate an amendment to Districting Map No. 11 so as to redesignate the area within the proposed boundaries of the Central Balboa Specific Area Plan from RSC -R, RSC -R -Z, MFR, R -2, R -1, AND U TO SPE -8 and to amend the Zoning Ordinance Text to add Chapter 20.65: Specific Plan District (Central Balboa). RESOLUTIONS FOR ADOPTION 6. Resolution No. 94 -77 authorizing the TEMPORARY CLOSURE OF VIA OPORTO AND CENTRAL AVENUE for Antique Symposium, September 17 and 18, 1994. [Memorandum from Revenue Manager, Finance Department] CONTRACTS AND AGREEMENTS Approve amendment to CONTRACT NO. 2835 with Coast Community College District for period July 1, 1994 through June 30, 1995 regarding EMPLOYEE EDUCATION CONTRACT VEHICLES. [Memorandum from General Services Director] Volume 48 - Page 299 MINUTES Drd 94 -44 Zoning (94) 94 -1(D) 33 t Closure es 94 -77 ast Com llege Dis 38) COUNCIL MEMBERS ROLL CRLL • • CITY OF NEWPORT BEACH August 22, 1994 8. Removed from the Consent Calendar. 9. Removed from the Consent Calendar. 10. Amendments to Professional Services Agreements for DESIGN & FIELD MONITORING 6 GEOTECHNICAL WORK AT 16TH STREET SITE FOR THE GROUNDWATER DEVELOPMENT PROJECT (CONTRACT NO. 3004A- Converse Consultants Orange County; CONTRACT NO. 3004D -DMc Engineering, Inc.; CONTRACT NO. 2968 - John Carollo Engineers; CONTRACT NO. 2961A- Daniel Boyle Engineering, Inc.). [Report from Utilities Department] 11. Removed from the Consent Calendar. 12. CLAIMS - For Denial by the City Manager: Continental Energy Systems, Inc., seeking indemnity regarding Victor Zapian, at al, vs Rheem Manufacturing, at al. Dimitra B. Fobnatos alleging City workers shut off water then turned it back on without advising tenant, and flooding occurred on July 12, 1994 at 4233 Dana Road; claimant seeking reimbursement for property damage. Neel Hershey alleging his bicycle was stolen as a result of negligence on the part of Police Officer on August 10, 1994 at Cassidy's, Newport Boulevard. Mildred Husband alleging personal injuries as a result of falling into pothole on Poppy Avenue crosswalk on north side of Pacific Coast Highway on June 10, 1994. Jun Payoyo alleging Civil Service Board and City, on June 6, 1994, unjustly terminated his position as Police Officer. Lena Rennert alleging personal injuries as a result of falling off picnic bench on Balboa Pier on June 8, 1994. Jodie Seekatz alleging her bicycle was stolen on August 10, 1994 at Cassidy's, Newport Boulevard, as a result of negligence on the part of a Police Officer. Toplis 6 Harding, Inc., seeking indemnity from claims filed as a result of explosion on August 1, 1994 (E1 Torito Restaurant). 13. Removed from the Consent Calendar. 14. OCEAN FRONT STREET END CONSTRUCTION PROGRAM /ORANGE STREET ASPHALT WAI"AY, CONTRACT NO. 2984 - Approve plans and specifications; affirm Notice of Exemptions; and authorize City Clerk to advertise for bids to be opened at 11:00 a.m., September 8, 1994. [Report from Public Works Department] Volume 48 - Page 300 MINUTES Ground Wtr Dev Prj C- 2961/296£ 3004 (38) (36) Ocean Fr St End /Orange C -2984 (38) COUNCIL MEMBERS �0 \\i 'P ROLL CALL • • 001r1; : ;IRR MINUTES August 22, 1994 INDEX 15. SOUTH BAY FRONT PUBLIC RIGHTS- OF -VAY S. Bay Fr ADJACENT TO 206 SOUTH BAY FRONT, BALBOA Pblc R -O -W ISLAND - Approve application for (65) construction and maintenance of private improvements, subject to execution of an Encroachment Agreement for nonstandard improvements (to be recorded); and an Encroachment Permit issued by the Public Works Department. [Report from Public Works Department] 16. Removed from the Consent Calendar. 17. CITY CALENDAR - Allow Environmental EQ /CAC Quality Affairs Citizens Advisory (24): Committee (EQAC) to collect funds on behalf of the City to pay for the full cost of the production and printing of an environmental poster calendar bearing the City seal; and authority granted for staff to enter into a contract with a private company to produce 2000 copies of the calendar at a cost of $5,500. [Report from General Services Director] 18. Removed from the Consent Calendar. 19. Removed from the Consent Calendar. 20. Removed from the Consent Calendar. 21. Removed from the Consent Calendar. 22. DEFERRED COMPENSATION PLAN DOCUMENT - (66) [Report from Finance Director] SPECIAL EVENTS APPLICATIONS - Approve the Permits following applications, subiect to conditions (27)' in the staff reports from the Revenue Manager, Finance Department, and Community Services Superintendent: 23. Application No. 94 -267: Request by Danskin Women's Triathlon on Sunday, September 11, 1994 from 7 - 10 a.m., at Newport Dunes and Back Bay areas. 24. Application No. 94 -103: Request for the 17th Annual Human Race Triathlon, Sunday, October 9, 1994 from 7 - 10:30 a.m., Newport Dunes, Back Bay Drive, Eastbluff Drive and Jamboree Boulevard areas. 25. Removed from the Consent Calendar - Application No. 94 -429. 26. Application No. 94 -117: Request for Annual Race for the Cure 5K Run/Walk and Fitness Expo, on Sunday, September 25, 1994, from 6:00 a.m. - 12 Noon, Fashion Island, Newport Center area. 27. Application for SeaFest: Request of Newport Harbor Area Chamber of Commerce for various special event permits (10) in conjunction with the 1994 Newport .SeaFest held on September 9 - 18, 1994 (refer to staff report for details). Volume 48 - Page 301 CITY OF NEWPORT.BEACH COUNCIL MEMBERS ROLL CALL s � F ' F i August 22, 1994 is Motion All Ayes M Al es Motion • Ayes Noes MINUTES INDEX rfc Sgnl om Equip -3015 38) rfc Sgnl quip -3016 38) al B1 /Swr mprvms 3014 38) ;ncroachm 'ark Av ' -O-W ,65) ITEMS REMOVED FROM THE CONSENT CALENDAR 8. Reports from Public Works /Traffic 7 Engineering recommending award of purchase and installation of TRAFFIC SIGNAL COMMUNICATIONS EQUIPMENT to General DataComm, Inc., in the amount of $42,902; AND 9. Award purchase of TRAFFIC SIGNAL 7 EQUIPMENT to Intersection Development 1 Corporation in the amount of $222,303.03. x Following remarks by Sid Soffer, 900 Arbor Street, Costa Mesa, questioning the money being spent here, and suggesting that traffic signalization was much better before computerization, motion was made to approve the foregoing contracts per action on the agenda. 11. Report from utilities Department 3 recommending approval of Agreement for CONSTRUCTION OF SEWER IMPROVEMENTS IN BALBOA BOULEVARD SOUTH OF COAST HIGHWAY and cost sharing with the County Sanitation Districts; require Orange County Sanitation District to obtain a public works encroachment permit on behalf of their contractor for all project improvements and waive fees for same. X Following clarification of the total cost of the project ($135,500); motion was made to approve the foregoing contract per action on the agenda. 13. PARK AVENUE RIGHT -OF -WAY - Report from 1 Public Works Department recommending I approval of application for construction and maintenance of private improvements adjacent to 1305 Park Avenue, Balboa Island, subject to execution of an Encroachment Agreement for nonstandard improvements (to be recorded); and an Encroachment Permit from the Public Works Department. x Mayor Pro Tem Watt made a motion to approve the recommendation of the Public Works Department, subject to a determination by staff that the encroachment does not overlap the neighbor's property as is currently the case according to the survey that was done, which was so noted by the Public Works Director to take appropriate action. Jean Bain, 124 Onyx Avenue, Balboa Island, addressed the Council in opposition to granting the encroachment, for reason:; of obstructing the public sidewalk, and setting a precedent. Mayor Pro Tem Watt advised that the arbor, which encroaches six inches, leaving a five and one -half foot sidewalk, must still go before the Modifications Committee. x x x x x The motion was voted on, and carried. x Volume 48 - Page 302 INDEX rfc Sgnl om Equip -3015 38) rfc Sgnl quip -3016 38) al B1 /Swr mprvms 3014 38) ;ncroachm 'ark Av ' -O-W ,65) COUNCIL ss ROLL CRLL • L J MEMBERS � 0 CITY OF NEWPORT BEACH August 22, 1994 16. DONATION OF CHERRY TREES - Report from General Services Director recommending to accept, in concept, the future donation of 2000 15 -gal. cherry trees by Mr. Matsuya Matsumoto for use in a future City park. Wendell Fish, Past President of the Sister City Association, and currently Chairman of the Okazaki Committee, advised that the Sister City Association is heartily in favor of seeing cherry trees in bloom here in Newport Beach, but they feel that any solicitation on their part: to introduce Mr. Matsuya Matsumoto, a Newport Beach resident, to discuss this concept to the City of Okazaki and secure a commitment of funds would jeopardize the Okazaki Sister City Association with Newport Beach. Mr. Fish added that the Sister City Association has notified Mr. Matsumoto that they will not be providing him or anyone else with an introduction to the Mayor of Okazaki at this time. Further, that Okazaki and Newport Beach have been Sister Cities for 10 years, and have developed a very meaningful relationship, particularly in the educational. area through the student exchange program; and Okazaki has already presented Newport Beach with some very expensive and meaningful tokens of friendship, including their generous contribution to the Newport Beach Library, The General Services Director addressed the Council, advising that in several conversations with Mr. Matsumoto he had not heard of the fact that Mr. Matsumoto plans to solicit the City of Okazaki for any funds at this time, and wants to do this on a private basis. Virginia Herberts, member of the Parks, Beaches and Recreation Commission Ad Hoc Tree Donation Committee, addressed the Council, stating that Mr. Matsumoto was requested by the Community Services Director to coordinate the concept of the cherry tree donation with Wendell Fish and the Sister City Association. Further, Mr. Matsumoto has committed $30,000 regardless if anyone helps or not, and needs approval in concept now, as he needs; to prepare the way for the nursery to start the growth of the cherry trees. Discussion ensued as to the placement of the cherry trees, and the cost of maintenance involved once the trees are planted. Ron Hendrickson, Architect and a former Planning Director who spent a lot of time working with landscape architects addressed the Council, stating that he feels it would be premature if the City makes a commitment to plant 2,000 cherry trees, which are deciduous trees. Volume 48 - Page 303 MINUTES CITY OF NEWPORT BEACH COUNCIL MEMBERS ROl I CH ���s9��,� �G��y9�T � �� August 22, 1994 MINUTES INBEX Motion x Motion was made to postpone decision All Ayes until Mr. Matsumoto returns to the City for a further presentation before the Council. 18. RENAMING OF 15TH STREET PARR - Veterans • Memorandum from Community Services Mem Prk Director with recommendation of the (62) Parks, Beaches and Recreation Commission to rename 15th Street Park as Veterans Memorial Park. Motion x Motion was made to accept staff's All Ayes recommendation, set forth in the foregoing. Pat Dolan, Cdr. American Legion Post 291, addressed the Council, expressing his thanks for the favorable consideration by the City Council and the Parks, Beaches and Recreation staff. He advised that the history of the organization started in 1923 with 37 members from WWI, and in 1937 they moved to their current location on 15th Street, which is designated as a historical building. They represent the second largest Post in the State, with about 1650 members, which includes two Medal of Honor winners and through its entire 70 year history, the Post has been very active in supporting the community, schools, youth programs, social organizations, Veterans of Newport Beach, and the Veterans • Hospital. 19. BRET PRICE SCULPTURE - Report from Arts/Scull Community Services Department (62) recommending approval of the Board of Library Trustees, City Arts Commission and the Parks, Beaches and Recreation Commission to relocate the Bret Price Sculpture to the grassy locale below the City parking lot on the easterly side of the intersection of Coast Highway and Superior. Motion x Council Member Sansone advised that the Arts Commission raises money through juried arts exhibits, and this money goes into the City's General Fund. The $1500 to relocate the sculpture will be taken from this account; therefore, he made a motion to approve the recommended action by staff. Motion x Following discussion, Council Member Ayes x Hedges made a substitute motion to Noes x x x x x donate the sculpture to the Newport Harbor Art Museum, which motion FAILED. Ayes x x x x x The main motion by Council Member No x Sansone was voted on and carried. 20. FUN ZONE BOAT COMPANY - Report from City Fun.Zone Attorney recommending approval of Boat Co .findings in conjunction with application (65) of Fun Zone Boat Company for ticket booth and office building. Volume 48 - Page 304 Pt ROLL CRLL • • Motion Motion COUNCIL MEMBERS x Ayes x x N* x Motion All Ayes x X x x X CITY OF NEWPORT BEACH MINUTES August 22, 1994 INDEX Council was advised that three letters Fun Zone in opposition to the approval of Boat Co findings by the City Attorney were received after the agenda was printed from: Balboa Peninsula Point Association, Central Newport Beach Community Association, and Paul Medina of Medina Way. Dona Col.ombero, 1003 E. Balboa Boulevard, addressed the Council, stating that she was here at the request of the Balboa Peninsula Point Association that the City Council withdraw its approval of the Fun Zone encroachment permit, and that the application should be subject to a public hearing, as this would set a precedent - making decision for the benefit of one particular business at the expense of the general good of the residents of the City. Tom Hyans, President of Central Newport Beach Community Association, expressed their concerns of the pending action to complete approval of an application to construct a temporary ticket booth on the private property in front of 600 Edgewater Place in Balboa. In response to Council inquiry, the City Attorney advised that the findings before the Council are to distinguish the subject encroachment from any other applicant that might come forward. Further, that the City's standard encroachment agreement typically gives the City Council or staff the discretion to require the property owner to remove the structure or encroachment at any time if the City makes such determination. In addition, this particular property does not have a specific zoning designation, as we are dealing with temporary structures located on public property pursuant to an encroachment agreement. Mayor Pro Tem Watt made a motion to bring the request back, subject to a public hearing. Bruce Voss, 2424 S.E. Bristol, Newport Beach, Legal Counsel for Bay and Dorothy Handy, addressed the Council stating that the findings submitted by the City Attorney deals with, among other issues, a temporary building, safety and environment, and asked for favorable consideration tonight. Mayor Turner made a substitute motion to adopt the findings submitted by the City Attorney. 1 21. 1994 -95 ARTS AND CULTURAL GRANTS - Arts Grant: Report from the Community Services (24) Department upholding the recommendation of the City Arts Commission for the 1994 -95 Culture and Arts Grant. In view of the premature removal of this item, motion was made to approve the action on the agenda. Volume 48 - Page 305 CITY OF NEWPORT BEACH COUNCIL MEMBERS R(11 I f'A \s9�j� 1; August 22, 1994 VVICIAW INDEX 25. Special Events Application 93 -429 - Spcl Evnu Request for the Annual 2K /5K Harbor Apl 93 -421 Heritage Run/Walk, Saturday, October 1, (27) 1994, from 7 a.m. - 12 Noon, Newport Harbor High School area. MC x Following clarification of typographical Al yes error in staff report; approved recommended action. PUBLIC COMMENTS- 1. Charlie Gabbard, 436 Heliotrope, addressed the Council with regard to the City's policy of requiring A -rated insurance carriers for all construction projects regardless of the size of the project. He requested that when the City reviews this policy they consider any project under $30,000 reduced to a B -rated insurance company so that small local companies can compete. 2. Dolores Otting, 17 Hillsborough Drive, addressed the Council regarding increased Cable charges, and the inconsistency of franchise fee charges on customer billings. Also, in reviewing the franchises that the City has, she was concerned that the City was not getting all of the franchise fees that they should as the City records revealed that the franchises have not been audited since 1990. In 1990 the City took in approximately $600,000 from the Gas and Electric Companies, and approximately $423,000 from the Cable Companies, which amounts to over $1 million. But last year the City only took in $900,000 in franchise fees, and this coming year the Budget reflects $1.2 million. She also stated that her Cable bill lists the telephone number of 714 - 644 -3309, but when she dialed that number the City says that they have nothing to do with her Cable, and to call Dimension Cable, but she feels that if the City is going to collect 5 %, which amounts to a half million dollars, she feels that the City should assume some responsibility. When she called Washington, they mailed her a document which, in part, states that there should be a 30- day advance notice when the cable bills are raised. She suggested that there are enough interested residents of the City to serve on a Citizens Cable or Finance Committee. In response to Mayor Turner's inquiry, Mrs. Otting replied that Ken Delino referred her to Washington, D.C., as the City has nothing to do with Cable television any more. 3. Stuart Williams, 1748 Bayport Way, addressed the Council, stating that he was concerned about Irvine Avenue, and what a disgrace it is to the rest of the City, with the unkempt eucalyptus trees and root problem, and overgrown weeds in the ice plant from Dover to Holiday. He feels that the residents on the west side of Newport are neglected regarding landscaping, and something should be Volume 48 - Page 306 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CflLL� August 22, 1994 h!(1h11 *1 10111304 done now. He suggested that some of the $30,000 State Grant funds for trees be used here. In summary, he stated that the City of Newport Beach take control of the entire median strip towards the beautification of Irvine Avenue if Costa • Mesa refuses to live up to their responsibility to take care of their half of the area. Sid Soffer, 900 Arbor Street, Costa Mesa, requested a legal loading zone designation at the entrance of 21st Place and McFadden, where it is red now. PUBLIC HEARINGS- 28. Mayor Turner opened the Second public Marine Chr hearing regarding MARINE CHARTER TAX. Tax (40) Report from Revenue Manager, Finance Department. The City Manager stated that recently there have been some concerns expressed by the Council on the exemption section of the ordinance, Section 3.32.025, as well as the question dealing with the CPI. Therefore, staff would like to request continuance for two weeks, with answers to the exemption as it applies to whale watching and the section dealing with the CPI; suggestions that were offered by Council Member Cox at the last meeting on the indexing of rates, as well as the tax itself. Motion x Notion was made by Council Member Cox to continue the public hearing to September 12, 1994. Motion x Substitute motion was made by Council Member Hedges to table the proposed Ordinance No. 94 -42. Motion x Second substitute motion was made by Ayes x x x x Mayor Pro Tem Watt to continue the Noes x x public hearing to September 26, 1994, which motion carried, regarding proposed ORDINANCE NO. 94 -42, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.32 TO THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A MARINE CHARTER TAX. Council Member Hart requested staff review again those passenger boats that are not based in the harbor, and make some recommendation to Council. 29. Mayor Turner opened the public hearing Fire /Weed regarding ANNUAL WEED ABATEMENT PROGRAM Abatement - CONFIRMATION OF COSTS - Report from (41) • Fire Chief. Motion x Motion was made to continue public All Ayes hearing to September 12, 1994. Volume 48 - Page 307 COUNCIL MEMBERS CRLL Fs • :7 Motion x All CITY OF NEWPORT BEACH August 22, 1994 30. Mayor Turner opened the public hearing initiated by the City of Newport Beach regarding: A. General Plan Amendment No. 94 -1(A) - Request to amend the Land Use Element of the General Plan redesignating property at the westerly corner of Newport Center Drive and 1001 -1147 Granville Drive, from "Multi Family Residential" to "Administrative Professional and Financial Commercial" uses and to allow 5,000 square feet of office development; rte; B. Local Coastal Program Amendment No. 34 - Request to amend the Local Coastal Program Land Use Plan redesignating property at the westerly corner of Newport Center Drive and Granville Drive from "Multi Family Residential" to "Administrative Professional and Financial Commercial" uses and allow 5,000 square feet of office development; nE C. Proposed ORDINANCE NO. 94 -39, bein¢. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE BY AMENDING PORTIONS OF DISTRICTING NAP NO. 48 SO AS TO RECLASSIFY PROPERTY AT THE WESTERLY CORNER OF NEWPORT CENTER DRIVE AND GRANVILLE DRIVE FROM THE U DISTRICT TO THE APF[.5,000SF] DISTRICT, AND TO RECLASSIFY THE RMULINDER OF THE PROPERTY PREVIOUSLY KNOWN AS THE GRANVILT.A APARTMENTS FROM THE U DISTRICT TO THE MFR (69DU) DISTRICT, AND ESTABLISH VARIOUS FRONT YARD SETBACKS ON DISTRICTING NAP NO. 48 WHICH PERTAIN TO EACH OF THE PROPERTIES (PLANNING COMMISSION AMENDMENT NO. 805). Report from the Planning Department. Bill Ficker, Executive Architect for the Granville conversion, was prepared to answer questions by the Council, and requested concurrence on the recommendation in the staff report. Hearing no one else wishing to address this item, the public hearing was closed. Notion was made to (a) Adopt Resolution No. 94 -78, approving General Plan Amendment No. 914 -1(A), amending the Land Use Element of the General Plan so as to designate the subject property for "Administrative Professional and Financial Commercial" use; LZ Volume 48 - Page 309 MINUTES 94) INDEX 94 -1(A) 34 94 -39 805 94 -78 CITY OF NEWPORT BEACH COUNCIL MEMBERS S August 22, 1994 ROLL CRLL MINUTES INDEX (b) Adopt Resolution No. 94 -79, Res 94 -79 approving Amendment No. 34 to the Local Coastal Program Land Use Plan, so as to designate the subject property for • "Administrative Professional and Financial Commercial" use; AND (c) Adopt Ordinance No. 94 -39. ORDINANCES FOR ADOPTION 31. Proposed ORDINANCE NO. 94 -40, being, Ord 94 -40 CIOSA AN ORDINANCE OF THE CITY COUNCIL (68) OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.35 TO THE NEWPORT BEACH MUNICIPAL CODE AND CREATING A SPECIAL IMPROVEMENT DISTRICT FINANCING CODE ( CIOSA). Recycled report dated August 3, 1994, from the City Manager. The City Manager advised that the detailed staff report recommending the "umbrella" ordinance would allow financings specifically for the public improvements associated with the circulation improvements and the CIOSA agreement between the City and The Irvine Company. In adopting the proposed ordinance, provision is made • for extensive number of subsequent steps before any such financings for public improvements would actually occur, including an election with the properties limited to those CIOSA properties in question. Council Member Hart requested that a straw vote be taken on the selection of Exhibit A or Exhibit B when the Council is prepared to vote. Motion x Straw -vote was taken on motion made by Ayes x x x x x Council Member Cox to adopt Ordinance Noes x No. 94 -40, including Exhibit A (City- wide broad powers). Council Member Hart stated that the reason she would not support Exhibit A is because a lot of the conditions and findings here would not have anything to do with regard to any other redevelopment in the City of Newport Beach, and supports a less broad ordinance. Motion x Council Member Cox made the motion to All Ayes approve the recommended action to adopt Ordinance 514 -40, including Exhibit A. • 32. Proposed ORDINANCE NO. 94 -41, being, Ord 94 -41 Fees /Pkg AN ORDINANCE OF THE CITY COUNCIL Mtr OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.040 OF THE (40/85) NEWPORT BEACH MUNICIPAL CODE ESTABLISHING PARKING METER FEES. Volume 48 - Page 309 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL August 22, 1994 • Motion All Ayes • • MINUTES INDEX Recycled report dated August 8, 1994, from the Offstreet Parking Committee. The specific recommended charges are to bring consistency in the transitional zone between the higher rates at the beach and the lower rates within Cannery Village; i.e., increase the rate from $.25 to $.50 per hour along the easterly curb of northbound Newport Boulevard and to decrease the rate from $1.00 to .50 at meters along the island between northbound and southbound Newport Boulevard. a Notion was made to adopt Ordinance No. 94 -41. Meeting adjourned at 9:20 p.m. The agenda for this meeting was posted on August 11, 1994 at 11:15 a.m., and the Supplemental Agenda was posted on August 19, 1994 at 4:50 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. May ATTEST: PO krW City Clerk cq <iF�a�`P Volume 48 - Page 310 INDEX