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HomeMy WebLinkAbout09/12/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING PLACE: Council Chambers i TIME: 2:00 P.M. DATE: September 12, 1994 Present Absent M6 on Ayes Abstainer Motion All Ayes C J X X MINUTES X x x x ROLL CALL x x Mayor Turner officiated in the following presentations: Certificate of Achievement awarded by Government Finance Officers Association to the City for ANNUAL FINANCIAL REPORTING/FISCAL YEAR ENDING JUNE 30, 1993 - accepted by Finance Director Dennis Danner. Proclamations presented by the Fire Department - AWARDS FOR BRAVERY AND HEROIC ACTION to Jason Brooks and Jesse Hood. NADD AWARDS (Mothers Against Drunk Drivers) presented to six City Police Officers based on number of DUI arrests made for period of July 1, 1993 through June 30, 1994, by Secretary of the Board Judy Dutton and her assistant Patty Crawford. Proclamation presented to Ed Hepner, Member of the Environmental Quality Affairs Citizens Advisory Committee - POLLUTION PREVENTION WEEK, September 19 - 25, 1994. Proclamation presented to Code Enforcement Supervisor Jim Sinasek recognizing CODE ENFORCEMENT WEEK, September 24 - 30, 1994. x Reading of Minutes of Meeting of August 22, x x x X 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. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Council Member Sansone requested that the results of a study completed a year ago regarding REGULATION/NONREGULATION OF CLOSED CIRCUIT TV IN THE CITY be brought back at the next Council meeting. Council Member Hedges requested TRAFFIC AFFAIRS COMMITTEE evaluate a NO -TURN SIGN ON EASTBOUND BALBOA AT 21ST STREET. Council Member Hart requested that the UTILITIES COMMITTEE REVIEW THE WATER BILL, as she has been continually receiving complaints (letter dated September 4 from Novell and Ron Hendrickson) that the water bill, entitled Municipal Service Bill, looks .more like a property tax bill with fees not related to water billing. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None Volume 48 - Page 311 INDEX CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �`°c�s9ys o �9�� � 9�� not - ROLL CRLL September 12, 1994 TNnrY COUNCIL COMMITTEE REPORTS Motion x 1. Environmental Quality Affairs Committee (24) All Ayes - September 6 Minutes, received and filed. . f1o� x 2. Pacific View Memorial Park City (24) es Council /Citizens Ad Hoc Committee - July 20 Minutes, received and filed. !lotion x 3. Bicycle Trails Citizens Advisory (24) P.11 Ayes Committee - August 1 Minutes, with minor correction to paragraph III -B, Bike Safety (Back Bay Drive), to clarify that Cal Poly Pomona will present a proposal with a "Student Study" to City staff for review /consideration by City Council regarding ways to help bicycle riders and pedestrians exist more harmoniously together on the trail; wherein, motion was made to receive and file with correction noted. STAFF REPORTS 4. Dog Nuisances - Report from General (44) Services Director. Following summary by General Services Director recommending approval for the use of discreet recognition signs of donors sponsoring dispensers and dog nuisance bags in areas where the problem arises, a short presentation was given by Chris Crosson, President of Doggie Walk Bags, who displayed the signage and • dispenser, and distributed sample bags to the Council. Dolores Otting, 17 Hillsborough Drive, questioned the safety aspect of the bags which might be accessible from the dispenser to children. The City Manager suggested that agreements with sponsors of the concept would be brought back for Council approval on an individual basis. lotion x Following discussion, motion was made to .11 Ayes receive and file the report. 5. Briefing on the proposed Noise Element (68) and Noise Ordinance - Reports from Planning Department/Memorandum with comments from EQAC. Letters received from Dickson Shafer, and Canyon Point Community Association in support of proposed revisions to the noise ordinance. The Planning Director summarized the events of the proposed comprehensive • revision of the Noise Element of the General Plan, which will involve a number of complex issues associated with noise control policies and programs, prior to agendizing the formal introduction of the ordinance. Volume 48 - Page 312 COUNCIL MEMBERS CRL�L`��s, kl • • • CITY OF NEWPORT BEACH September 12, 1994 Discussion ensued, wherein the City Attorney advised that the noise element mandated by State law requires that all elements to the General Plan be consistent with one another. The City's noise element has not been updated for some time, and this is an effort to make sure that the noise element is consistent with both the Circulation and Land Use Elements. Patrick Alford, Senior Planner, addressed the Council advising that in the coming weeks the Council will be asked to review two documents. The first is a comprehensive revision of the Noise Element of the General Plan that provides technical information, a summary of noise issues within the community, an inventory of noise sources, set of policies and a number of implementation programs. The main implementation program is the second document, which is a comprehensive noise ordinance that establishes the standards for noise control within the City, covering all noise sources unless they are specifically exempted or limited. He cited three main issues to address as a result of the public outreach process and through the public hearings before the Planning Commission: 1) Air conditioning equipment; 2) Property Maintenance, I. e., leaf blowers; and 3) Other maintenance of property, specifically lawn mowing, tree trimming - type activities. Following questions from the Council, Mr. Alford advised that restrictions regarding public agencies would be considered on a case by case basis. Council Member Hart distributed changes to pages 19 (Boats) and 21 (Boat Party Noise) submitted by the Harbor Quality Committee for consideration. Mr. Alford advised that today's presentation is basically to field questions and issues before a public hearing is scheduled. Vincent Mestre, of Mestre Greve Associates, the City's Noise Element Consultant, advised that the noise element at this point simply introduces and reiterates the current policies of the City *of Newport Beach relative to John Wayne Airport. It does incorporate by reference the Settlement Agreement and the Access Plan and is part of the record in the General Plan, but there are no new policies or implementation guidelines relative to John Wayne Airport. The Noise Element of the City's General Plan under State guidelines has a rather limited scope, and is simply a land use planning document. 90% of the Noise Element's primary focus is for the City to develop policies on how to deal with new Volume 48 - Page 313 MINUTES CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G�_P�� September 12, 1994 INDEX developments, and the Noise Element does not really have any good grasp into airports, and particularly an airport that the City does not operate. There was some thought given to institutional- izing the policies that the City does have into a part of the General Plan. The City Attorney stated that he proposes to indicate in the Noise Element that the City's Circulation and Land Use decisions are based in large part upon certain assumptions as to aircraft noise, and those assumptions are in turn based upon the provisions of the Settlement Agreement and the current Access Plan. While the City cannot enforce local ordinances against aircraft operating out of John Wayne Airport or against the County, they can at least indicate that a lot of the decisions of the Council are based upon assumptions that the County will do everything to restrict noise and the City will do everything to maintain the current regulatory structure. This additional language will help the City whenever the County makes decisions relating to aircraft noise, which requires Environmental Documentation. Tom Schriber, President, Big Canyon Country Club, addressed the Council stating that tee off's start at approximately 6:30 a.m. on weekends, and 7:00 a.m. during the week. It is • important from a maintenance standpoint that their crews organize before they mow the golf course with over 100 acres, and they would like to work with staff to determine an equitable solution. The Planning Director advised it is anticipated that within two weeks the proposed ordinance would be placed on the agenda for introduction and public hearing scheduling, with a total of four weeks from today before the public hearing takes place. Dolores Otting, 17 Hillsborough, commented that she felt the Planning Commission meeting regarding the Noise Element was one of the most interesting meetings that she has ever attended. As a result of the meeting, staff was to go to various golf courses in the area to determine what time they tee off. In addition to inquiring what type of sales tax revenue the City gets from the golf courses, she asked if the City Attorney had met with the attorney from Big Canyon Country Club and addressed concerns of the woman who was also in • attendance at the meeting. The Assistant City Attorney, in response to Mrs. Otting's remarks, stated that, yes, she spoke with the woman who had the noise problem (her property is located next to the maintenance shed), and this has since been resolved. Also, that she spoke again with Dennis Harwood, who was the representative from Big Canyon Country Club. Volume 48 - Page 314 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL F September 12, 1994 MINUTES mory Dickson Shafer, 232 Evening Canyon Road, made reference to his letter and said he was happy to see that the Planning Commission modified the staff's recommendation so as not to grandfather in air conditioning equipment which had been installed at the time of the • adoption of the ordinance, because he feels that this would be most unfair. John Hudson, 327 Milford Drive, Corona del Mar, General Manager, Big Canyon Country Club for the past 14 years, advised that between the hours of 6:30 - 9:00 a.m., on Saturdays and Sundays, they tee off 95 to 110 players. This is the most popular tee off time of the approximately 10 - 11 hours of play during the day on the course. To lose the 6:30 - 9:00 a.m. starting times would reduce available play in excess of 20% of the time; the mowing operation would be much slower because of player interruption and a significant danger to the workers at the club because they would be mowing greens and fairways, etc., while people were playing on the course; it would mean a significant loss of income to the club and would also restrict the members playing golf and bringing in their guests to play; and the facility would be extremely crowded because they would have to accommodate more players in a shorter amount of time. He added that he did call many of • the local clubs in this area and Mesa Verde commences mowing at 6:30 a.m., Santa Ana Country Club at 6:00 a.m., Tustin Ranch at sun -up; Newport Beach 5:30 a.m., Tijeras Creek, Rancho Santa Margarita at 6:00 a.m., and Big Canyon Country Club at 6:00 a.m. He would hope that Council would grant an exemption to Big Canyon Country Club so they can continue to maintain their greens in a satisfactory condition and allow them to be mowed in the morning for the members and their guests and all local people, and in the best shape possible. Motion x Motion was made to receive and file the All Ayes report. Clark Graves, resident on the fourth fairway close to the fourth green, 13 Sea Island, stated that he does not find the noise objectionable. STAFF REPORTS ' 6. Planning Commission Actions, meeting (68) September 8, 1994 - Verbal report by Planning Director. Mo 'on x Motion was made to receive and file. yes 7. Boards, Commissions and Committees (24) (possible consolidation of committees) - Report from Assistant City Manager. Volume 48 - Page 315 CITY OF NEWPORT BEACH COUNCIL MEMBERS September 12, 1994 ROLL CALL • • Motion All Aye! MINUTES INDEX (70) Discussion ensued with suggestions to combine City Boards and Committees, or sunset various Ad Hoc Committees, i.e., Offstreet Parking Committee with the staff Traffic Affairs Committee; Ocean Front Ad Hoc Committee (sunset or) combine with the West Newport Comprehensive Ad Hoc Committee; Citizens Advisory Committees - combine Environmental Quality Affairs, Harbor Quality, Bicycle Trails; Joint Governmental Committees - reduce Council representatives to Sanitation Districts 5, 6, & 7; combining Orange County Housing Commission and SRO Task Force Advisory Committees with staff as representative; explore the idea that the Ocean Front Sidewalk issues be placed under the responsibility of the Parks, Beaches and Recreation Commission for a more publicized public hearing process. Suggestion was made by Council Member Hart that the Economic Development City Council /Citizens Ad Hoc Committee be a Standing Committee so that Council Members would have an opportunity to appoint the members. Council Member Sansone questioned the status of the City's representative to the Hazardous Waste Material Joint Governmental Committee; wherein it was suggested that this might be combined with Environmental Quality Affairs Citizens Advisory Committee. Council Member Hedges suggested that some of the Council Committees be consolidated also; i. e., Budget and Income Property Committees; and Underground Coordinating Utilities and Utilities Committees. x Motion was made for staff to do a comprehensive review with recommendations brought back to Council in November. 8. Police False Alarm Responses - Report from the Police Chief; wherein he advised that the alarm calls represent a significant drain on the Police Department's resources when responding to thousands of false alarms. He cited that the alarms in the last five years have been 99.4% false; responding to 5,398 alarms in 1993 and only 31 of those were actually founded alarms. The cost of managing the Alarm Program and responding to those alarms should be substantially offset by associated fees as recommended in his staff report. Police Chief McDonell reviewed the staff recommendations 1 - 7, and advised that no action be taken today, other than to set the matter to the September 26 Council meeting to give the public the opportunity to comment on these recommendations, with a final vote on a proposal to occur at the October 10 Council meeting, or later if Council Volume 48 - Page 316 INDEX (70) 0 Motion All Ayes Motion All Ayes is COUNCIL MEMBERS x CITY OF NEWPORT BEACH September 12, 1994 needs more time. The Police Department will be hosting an informational meeting to anyone affected by the proposed recommendations, in the Council Chambers at 7:00 p.m. on Wednesday, September 21, with the comments directed back to Council. Dolores Otting, 17 Hillsborough, commented that she has high regards for the Police Chief, but questioned what constitutes a false alarm, and how much money is being asked for here, as she doesn't really see any reason for fee increases for anything in the City right now. She cited a recent Budget Amendment request for $100,000 for a consulting company to look at the Police Department computer system and another Budget Amendment for $43,000 to study the City system and make changes after that. With regard to the foregoing, Police Chief McDonell advised that the Municipal Code regulations states: "False Alarm means the activation of an alarm system through mechanical failure, accident, misoperation, malfunction, misuse, or the negligence of either the owner or lessee of the alarm system or any of their employees or agents. False alarms shall not include alarms caused by acts of God, the malfunction of telephone lines, circuits or other causes which are beyond the control of the owner or lessee of the alarm system." He added that the Budget Amendments are necessary to develop a systematic integration of an effective Management Information System to communicate between Finance and Police Departments. Following discussion, motion was made that the Police Chief proceed with the recommendations in the staff report. City's Sphere of Influence - Report from Planning Department. Discussion began regarding John Wayne Airport and the City's interest in including JWA in the Sphere of Influence. Due to the electric power outage caused by the Edison Company, motion was made to defer further discussion to the evening session at 7:00 p.m. ADJOURNED AT 4:05 P.N. TO CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None RECESSED AT 4:45 P.N. RECONVENED AT 7:00 P.N. Volume 48 - Page 317 MINUTES (21) `Ilklli?EI COUNCIL MEMBERS • • Motion All Ayes x CITY OF NEWPORT BEACH September 12, 1994 Council Member Cox was in attendance. City's Sphere of Influence - Report from Planning Department. Patricia L. Temple, Advance Planning Manager, summarized the subject staff report noting there are three (3) areas within the City's Sphere of Influence, i.e., Santa Ana Heights, West Newport Oil Company property, and the Newport Coast. In response to a request by Council Member Hart, she did investigate potential expansion of the City's Sphere in four other areas, i.e., 1) Costa Mesa /Irvine Avenue Boundary; 2) John Wayne Airport; 3) City of Irvine /Newport Ridge; and 4) Crystal Cove State Park /Laguna Greenbelt, which she described as set forth in her report. Following comments by the City Manager and Council Member Sansone, Council Member Hart stated that LAFCO will be having only two more meetings this year, October 9 and November 2, and she would like the Council to consider asking LAFCO to review the City's Sphere of Influence on one of those dates. She stated that even though John Wayne Airport is not likely to be a part of the City's Sphere, she felt it was important to show an intent of being willing to annex it and take the responsibility for its future growth in that area, as this could very well go to another City, such as Irvine or Costa Mesa. Following discussion, motion was made by Council Member Sansone to direct the City Manager to establish a staff committee to discuss Sphere -of- Influence boundary /annexation issues relative to the Costa Mesa boundary, the Newport Ridge boundary, the Newport Coast boundary, and John Wayne Airport. This committee shall develop issue /position papers on each under the guiding principals of logical and definable boundaries, service impacts and fiscal sustainability. The City Manager's office shall also initiate discussions with the Cities of Irvine and Costa Mesa regarding boundary issues, with the intent of developing mutual agreement on logical and appropriate municipal boundaries. Due to the actions taken by the City of Irvine regarding the Newport Ridge boundary, this area should be addressed as soon as possible. In addition, staff to aggressively pursue the feasibility of including John Wayne Airport in the City's Sphere of Influence, and request that LAFCO schedule a public hearing on this matter at the earliest possible date. Volume 48 - Page 318 MINUTES (21) CITY OF NEWPORT BEACH COUNCIL MEMBERS S September 12, 1994 ROLL CRLL Motion All Ayes • • MINUTES INDEX Legislation Res 94 -80 (48) Eire Res 94 -81 (41) Pkg Rstrctr Res 94 -82 (85) ComSysSrv/ C -3019 (38) CdM Wtr Mn( Aly Rplcm Bal Pnsla C -2939 (38) (36) CONSENT CALENDAR X The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Schedule for public hearing on September 26, 1994: 10. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 11. Resolution No. 94 -80 in support of the "Committee for 21,000 New Jobs" efforts to pass the "ORANGE COUNTY/EL TORO ECONOMIC STIMULUS INITIATIVE" on the November 1994 Ballot. 12. Resolution No. 94 -81 regarding DESTRUCTION OF CERTAIN FIRE DEPARTMENT RECORDS. (Memorandum from Fire Chief) 13. Resolution No. 94 -82 establishing NO PARKING RESTRICTIONS on designated streets on certain days and times to improve STREET SWEEPING EFFECTIVENESS. (Memorandum from Traffic Affairs Committee] CONTRACTS AND AGREEMENTS 14. Removed from Consent Calendar. 15. Approve RADIO EQUIPMENT MAINTENANCE AGREEMENT with Communications Systems Services for maintenance of the City - Wide fixed and mobile radio equipment (Police, 800 MHz Fire, Marine Safety and Public Works Band Radios). [Report from Utilities /Police Departments] 16. CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENT /BALBOA PENINSULA ALLEY REPLACEMENT PROGRAM (CONTRACT NO. 2939) - Award subject contract to John T. Malloy, Inc., of Anaheim, California for the total bid price of $380,075. [Report from Public Works Department] 17. Removed from Consent Calendar. 18. Removed from Consent Calendar. 19. Removed from Consent Calendar. 20. CLAIMS - For Denial by the City Manager: Frank Blickensderfer alleging water valve lid was out of casing and lying upside down in the middle of Pacific Coast Highway between Seaward and Hazel, Corona del Mar on August 2, 1994, causing the ripping open of engine oil pan and transmission cooler lines of his vehicle. I John E. Bucholz and Sally Ann Finley for property damage at 312 Poppy Avenue, as a result of Hazel Drive sewer and water main replacement /street improvement project (Contract No. 2892), August 19 - 23, 1994. Volume 48 - Page 319 INDEX Legislation Res 94 -80 (48) Eire Res 94 -81 (41) Pkg Rstrctr Res 94 -82 (85) ComSysSrv/ C -3019 (38) CdM Wtr Mn( Aly Rplcm Bal Pnsla C -2939 (38) (36) CITY OF NEWPORT BEACH COUNCIL MEMBERS ss � ROLL CRLL September 12, 1994 0 • MINUTES INDEX 'ract :47.95 J/P 3533 (88) Permit /EAV (65) Antonio Dinuto - Application for Leave to Present Late Claim for personal injuries /false arrest sustained at the Police Department on February 11, 1992. Jon P. Jarvi. for personal injuries, etc., as a result of his motorcycle hitting a deep rut in the street at 500 block Pacific Coast Highway on February 23, 1994. John McAlearney and Bill Handy for property damage to garage walls (stains) and door at alley of 1101 West Bay Avenue, as a result of construction of new waterline by City's contractor. Carol Miller claim for reimbursement for flat tire as a result of exit obstacles at Corona del Mar main beach on August 10, 1994. Eric Ochoa vs Rheem Mfg., Et Al. (Debin Enterprises, Inc., Continental Energy System, dba Debin 6 Associates, David A. Carlson) for damages regarding explosion of hot water boiler/heater /tank combination (E1 Torito Restaurant, Fashion Island) August 1, 1993. Mary M. Van Allen for tar and oil damage to her vehicle in May 1994. Molly M. and Eric A. Wittenberg for property damage to house at 1919 Glenwood Lane, as a result of sewer backup on November 9, 1993 (costs incurred not paid by insurance - $2,579.33). 21. Removed from Consent Calendar. 22. FINAL MAP OF TRACT NO. 14795 - Approve, with the finding and subject to the condition of approval set forth in Exhibit "A;" request to subdivide a 1.22 acre parcel of land into 18 lots for conveyance purposes on property located at 540 -626 Seaward Road, between Isabella Terrace and De Anza Drive, in Corona Highlands. [Report from Planning Department] 23. USE PERMIT NO. 3533 - Approve a subdivision agreement guaranteeing completion of the public improvements required with subject use permit located at 3400 East Coast Highway (Marigold Avenue and East Coast Highway). [Report from Public Works Department] 24. ENCROACHMENT AGREEMENT FOR CONSTRUCTION/ MAINTENANCE PRIVATE IMPROVEMENTS WITHIN OCEAN BOULEVARD AND "M" STREET PUBLIC RIGHTS -OF -WAY ADJACENT TO 2061 OCEAN BOULEVARD IN THE PENINSULA POINT AREA Approve application subject to execution of Encroachment Agreement for non- standard improvements (agreement to be recorded); and issuance of an Encroachment Permit. [Report from Public Works Department] Volume 48 - Page 320 INDEX 'ract :47.95 J/P 3533 (88) Permit /EAV (65) COUNCIL MEMBERS Fs � s- ROLL CALL • i • CITY OF NE"ORT BEACH MINUTES September 12, 1994 INDEX 25. SIDEWALK AND CURB AND GUTTER REPLACEMENT Lido Is /Sdw PROGRAM/LIDO ISLE SIDEWALK REPLACEMENT & Gtr Rplcn (CONTRACT NO. 2769) - Accept the work; C -2769 authorize City Clerk file Notice of (38) Completion and release bonds 35 days after recordation in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 26. HARBOR PERPIIT APPLICATION NO. 124 -3400 - arbor Per¢ Approve application, subject to Apl 124 -340 conditions in the staff report, for (51) request by Duncan McIntosh to temporarily revise the commercial docks bayward of Lido Village at 3366 Via Lido. [Report from Marine Department] 27. SPECIAL EVENT APPLICATION NO. 94 -103 - Special Approve request for use of Galaxy View Events Park for wedding ceremony with amplified Apl 94 -103 sound from 11:00 a.m. - 12 Noon; park (27) rental is from 9 a.m. - 1 p.m., on Saturday October 8, 1994; subject to conditions in the staff report. [Report from Recreation Superintendent /Community Services Department] 28. BUDGET AMENDMENTS RA -004, Removed from Consent Calendar. BA -005, Removed from Consent Calendar. BA -006, $4,000 - Appropriate funds for the annual refurbishment of tennis courts from Tennis Court reserves; Community Services/Recreation. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. Report from Planning and General Areas /Recyc Services Departments concerning proposed Mater New ORDINANCE, introduction /scheduling for Dvlpms public hearing on September 26, 1994, (94) being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS AND GUIDELINES RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS IH NEW DEVELOPMENT PROJECTS (PLANNING COMMISSION AMENDMENT NO. 808). Madeline Arakelian, South Coast Refuse, addressed the Council regarding AB 1327, the California Solid Waste Reuse and Recycling Access Act, indicating she felt the proposed Ordinance was not in compliance with the State's model ordinance and should be reconsidered. It was noted in the staff report that provisions of AB 1327, and the proposed City Ordinance to implement that legislation, will have no significant impact on development in the City of Newport Beach at this time because of the availability of the solid waste processing facilities negating the Volume 48 - Page 321 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CflLL �`�� `r September 12, 1994 INDEX need for sorting and storing of separated recyclable materials at the site of new development. Additionally, the proposed Ordinance exempts all areas of the City served by collection of commingled solid waste and recyclable materials for transportation to a mixed - • waste processing or materials recovery facility. However, should the City ever modify its own MRF program to require source separation of recyclable materials, development projects would then need to comply with the revised code amendments. The City Manager pointed out that as long as the City continues to have the materials recovery facility, he feels the City is in compliance with State law. The General Services Director has also been in contact with officials at the State level, and they feel the City will be in compliance if the proposed Ordinance is adopted. Motion x Following comments by Council Member Ord 94 -45 Hedges and additional remarks by Ms. Arakelian regarding AB 939, motion was made by Mayor Turner to introduce Ordinance No. 94 -45 and schedule for public hearing on September 26, 1994. Council Member Sansone stated that when the proposed Ordinance goes before the County Waste Management Commission to incorporate it into the SSRE, he felt • they are going to turn it down unless the City makes provisions in the document for separation. Ayes x x x x x The motion was voted on and carried. Noes x 14. Report from Utilities Department Ground WV recommending approval of an Easement Dev Prj Deed and Pipeline Easement Agreement (89) with Orange County Flood Control District /Talbert Flood Control Channel (D -02) Reach No. 3 Pipeline - GROUND WATER DEVELOPMENT PROJECT. Dolores Otting, 17 Hillsborough, addressed the Council regarding the total cost of the subject agreement, in which the City Manager pointed out that there is a one -time purchase payment of $111,490 for the permanent pipeline easement, and a one -time temporary construction easement which will cost $22,298. Long Pham, 1529 W. Balboa Boulevard, addressed the Council and stated he has reviewed the proposed project and does not feel it has any merit and should be further evaluated. Mayor Turner informed Mr. Pham that the City has one source of water which is from the Metropolitan Water District; the City has the permission to put the City's pipeline into a section of the County (near the San Diego Freeway) to obtain underground water as an alternate Volume 48 - Page 322 Motion All Ayes • • COUNCIL MEMBERS x CITY OF NEWPORT BEACH September 12, 1994 source, and therefore, the City will not have to rely on MWD as its sole source of water. The City has been accumulating funds to build this project which is estimated at $18 million, some of which is being floated by a bond issue to help defray the cost in order that future water rates can be held to a minimum. Council Member Hedges stated that if Mr. Pham has specific recommendations for change on this project, he would be happy to submit them to the Utilities Committee for consideration. Motion was made by Mayor Turner to approve the recommended action. Council Member Sansone noted that the MWD has plans to develop a $10 billion capital improvement program to increase the supply of water from the Colorado River to new reservoirs in Southern California. Additionally, because of reduced water sales, the revenue from the MWD has gone down drastically, and the only way they can get the money to pay for this capital improvement program is to increase the water rates to its users. Therefore, he feels the proposed Groundwater Development Project under consideration is worthwhile and will ultimately result in lower water rates for the City. 17. READILY ACHIEVABLE ADA ALTERATIONS AND PRIORITY STRUCTURAL ADA ALTERATIONS (CONTRACT NO. 2941) - Report from Public Works Department recommending subject contract be awarded to Allied Engineering & Construction, Inc., for the total bid price of $466,650; L.``t] 18. CONSULTANT AGREEMENT /STRUCTURAL ADA ALTERATIONS (CONTRACT NO. 2948) - Report from Public Works Department recommending execution and approval of an agreement with the firm of Hutson and Partners, not to exceed $43,500. Council Member Hedges referred to Agenda Item No. 18, and asked the City Manager if this particular work could be performed in- house. The City Manager responded that 908 of the design work for the City is done by contract. The Public Works Director stated that neither the Public Works or Building Departments' staff have architectural capabilities, and in addition, because of the recent reduction in employees, its been up to the private sector to perform the majority of the design workload. Council Member Hedges pointed out that the above two proposals are as a result of Federal mandate, and will cost the City a total of $510,000 to comply with Volume 48 - Page 323 MINUTES (38) INDEX Altrtns 41 Cnsltn 948 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES OG�s92 �P\ ROLL CRLL `r F` September 12, 1994 `111 one phase of the American Disabilities Act. He estimated the City spent $200,000 last fiscal year in compliance, and because of these requirements, the costs will be ongoing. He indicated that with all of the other Federal mandates being forced on municipalities, cities • are losing control, and he just wanted the public to be aware of where their tax dollars are being spent. Motion x There being no further comments, motion All Ayes was made to approve the recommended action on Agenda Items No. 17 and No. 18. 19. ATM LEASE WITH :ELLS FARGO BANE - Report Wells Far from Assistant City Manager recommending Bnk /ATM L, approval of subject agreement. C -3018 The City Manager noted that Wells Fargo (38) Bank, after reviewing the subject agreement, has suggested four minor changes to the document and recommended staff be given the authority to make those minor modifications. Motion x There being no objections, motion was All Ayes made by Council Member Hedges to approve the City Manger °s recommendation and authorize execution of the agreement as revised. 21. HUMAN SERVICES ORGANIZATION ASSISTANCE Human Sry REQUESTS - Report from City Manager Org Asst recommending approval of grants pursuant (40) to 1994 -95 Budget/Reserve Fund for Human • Services containing $25,000 for Harbor Area Adult Day Care Center - $1,000; Y.E.S. Harbor Area - $1,000; Assessment and Treatment Services Center - $2,000; Newport - Mesa - Irvine YMCA - $12,000; S.P.I.N. - $1,100; YMCA Counseling Service - $5,000; and Orange County Human Relations Council - $2,900. Mayor Turner stated that in reviewing the types of services being offered, he would like to suggest the recommended allocation to S.P.I.N. be increased to $2,000 and the amount for YMCA Counseling Service be reduced to $4,100. The City Manager advised that if the above suggestion is approved, the City Council would be varying from the adopted Council Policy guidelines for this subject. Council Member Hart stated that she will abstain from voting on this matter inasmuch as she serves on the Board of Directors of two of the agencies under consideration. She noted however, that the YMCA serves primarily Newport Beach and Costa Mesa and is located off of Irvine Avenue, whereas the YMCA Counseling Service is a separate branch that offers counseling on a sliding scale to all residents of Orange County. Volume 48 - Page 324 COUNCIL MEMBERS ROLL CALL�s����� Motion • Motion Ayes Noes x x Abstaine ,r u is CITY OF NEWPORT BEACH September 12, 1994 Council Member Hedges stated that the Orange County Human Relations Council is requesting $2,876, and the City Manager is recommending approval of $2,900; however, inasmuch as this organization has a "zero tract record" in the City, he moved to take $900 from the recommended amount for OCHRC and give it to S.P.I.M., with the remaining $2,000 to go to the YMCA. The City Manager reported that the OCHRC has given numerous presentations before the Orange County City Managers Association and the particular dollar figure being recommended works on a formula that has been developed for all the Cities in the County. This organization has indicated that their funding has been substantially reduced from the County of Orange; and therefore, they are looking to cities as partners inasmuch as they provide services to all incorporated cities in addition to County areas. He stated he will provide further backup information to justify his recommendation if deemed necessary. Following the above comments, substitute motion was made by Mayor Turner to approve the City Manager's recommendation inasmuch as it complies with Council Policy. 28. BA -004, $776,932.82 - Appropriate funds for the purchase of the Wells Fargo Bank property on Balboa from Off Street Parking Reserves; Balboa parking lot project/Wells Fargo land; -] BA -005, $20,097,571 - Report from Finance Director request to re- appropriate available capital project budgets not expended or encumbered as of June 30, 1994; Various Capital Project Accounts. At the request of Council Member Hart, the City Manager gave a brief explanation of the above two items, as follows: BA -004: The purchase of the subject property comes from the Off- Street Parking Fund; the City annually takes a portion of the parking meter revenue and sets it aside for future acquisition of parking spaces with the last purchase being a lot in Cannery Village; there has been a need identified in the Central Balboa area for additional parking; this particular site was purchased by Wells Fargo Bank in 1990 for $1,400,000; and there are 21 parking spaces on the site as it exists, but the City will be demolishing the building and adding 18 additional parking spaces, making a total of 39 parking spaces which will generate additional revenue from the parking meters. Volume 48 - Page 325 MINUTES (40) 005 (40) INDEX Amn Amn X I X I X x September 12, 1994 Council Member Hedges stated that the Orange County Human Relations Council is requesting $2,876, and the City Manager is recommending approval of $2,900; however, inasmuch as this organization has a "zero tract record" in the City, he moved to take $900 from the recommended amount for OCHRC and give it to S.P.I.M., with the remaining $2,000 to go to the YMCA. The City Manager reported that the OCHRC has given numerous presentations before the Orange County City Managers Association and the particular dollar figure being recommended works on a formula that has been developed for all the Cities in the County. This organization has indicated that their funding has been substantially reduced from the County of Orange; and therefore, they are looking to cities as partners inasmuch as they provide services to all incorporated cities in addition to County areas. He stated he will provide further backup information to justify his recommendation if deemed necessary. Following the above comments, substitute motion was made by Mayor Turner to approve the City Manager's recommendation inasmuch as it complies with Council Policy. 28. BA -004, $776,932.82 - Appropriate funds for the purchase of the Wells Fargo Bank property on Balboa from Off Street Parking Reserves; Balboa parking lot project/Wells Fargo land; -] BA -005, $20,097,571 - Report from Finance Director request to re- appropriate available capital project budgets not expended or encumbered as of June 30, 1994; Various Capital Project Accounts. At the request of Council Member Hart, the City Manager gave a brief explanation of the above two items, as follows: BA -004: The purchase of the subject property comes from the Off- Street Parking Fund; the City annually takes a portion of the parking meter revenue and sets it aside for future acquisition of parking spaces with the last purchase being a lot in Cannery Village; there has been a need identified in the Central Balboa area for additional parking; this particular site was purchased by Wells Fargo Bank in 1990 for $1,400,000; and there are 21 parking spaces on the site as it exists, but the City will be demolishing the building and adding 18 additional parking spaces, making a total of 39 parking spaces which will generate additional revenue from the parking meters. Volume 48 - Page 325 MINUTES (40) 005 (40) INDEX Amn Amn CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES tiF�s� ROLL CAL September 12, 1994 INDEX BA -005: Each year the City allocates funds for Capital Projects; unfortunately, not all of those projects are completed that particular year. The staff is requesting approval at this time to re- appropriate available capital project budgets not expended or • encumbered as of June 30, 1994. He referenced. a list of the Capital Projects included with the staff report which he stated has undergone stricter examination this year than in the past in order to eliminate all unnecessary projects and thus return unexpected funds to reserves. The Public Works Director distributed a Supplemental Report dated September 9, regarding the Police Facility Shooting Range and stated that in order to fund the rehabilitation of the shooting range at the Police facility, $172,500 is needed and a budget amendment will be coming before the Council for approval. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed the Off- Street Parking Fund as it relates to McFadden Square; the revenue generated from the parking meters at that location; and the funding to purchase the Wells Fargo Bank property. Art De La Loza, 220 Kings Place, addressed the Council and spoke in • support of rehabilitating the Police Facility Shooting Range, stating he felt it would be a prudent expenditure inasmuch as police officers are currently 'having to commute to Fountain Valley to train. Dolores Otting, 17 Hillsborough, addressed the Council and stated that she has reviewed the Preliminary Budget for 1994 -95, particularly the Water and Sewer Enterprise Funds; however, the dollar amounts do not match up as to what is being allocated and /or transferred. Mayor Turner commented that the staff recently implemented an improved method of identifying budgetary items which could be confusing to some people, and suggested Mrs. Otting contact the Finance Director for clarification of her concerns. Motion x Motion was made by Council Member Hart All Ayes to approve Budget Amendments 004 -and 005 as presented. • PUBLIC HEARINGS 29. Mayor Turner opened the continued public Fire /Weed hearing regarding WEED ABATEMENT PROGRAM Abatement 1994• 1994 (41) Report from the Fire Chief. Volume 48 - Page 326 CITY OF NEWPORT BEACH COUNCIL MEMBERS S September 12, 1994 ROLL CRLL • Motion All Ayes n • MINUTES INDEX GPA 94 -1D (45) Central Bal LCP 33 Ord 94 -44 Zoning (94) PCA 802 The City Manager stated that there are only four properties being assessed in this year's Weed Abatement program, and that all owners have been notified of this hearing to voice any objections. The City Council may make such modifications to the charges as deemed equitable and the costs will then be forwarded to the Revenue Manager. If the Revenue Manager is unable to collect said assessments, the uncollected amount will then be forwarded to the County Auditor to enter the amount of the respective assessments on the County Tax Roll opposite each parcel of land. There being no one wishing to address the Council, the public hearing was closed. x Motion was made by Council Member Hart to adopt Resolution No. 94 -83 confirming the weed abatement costs to be assessed to property owners listed in the staff report. 30. Mayor Turner opened the public hearing regarding: A. GENERAL PLAN AMENDMENT NO. 94 -1 D - 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. Location: 300 to 800 blocks of East of Balboa Boulevard, 500 to 800 blocks of East Bay Avenue and East Ocean Front; 100 to 300 blocks of Palm Street, Washington Street, and Main Street; east side of the 200 to 300 blocks of Adams Street; and west side of the 100 to 300 blocks of A Street; and the acceptance of an Environmental Document; AND B. Local Coastal Program Amendment No. 33 - 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 C. 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); Volume 48 - Page 327 INDEX GPA 94 -1D (45) Central Bal LCP 33 Ord 94 -44 Zoning (94) PCA 802 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CRLL September 12, 1994 TNnFx Report from Planning Department. Zoning The City Clerk advised that after the agenda was printed, a letter was received from the Balboa Peninsula Point • Association in opposition to the proposed Specific Area Plan for Central Balboa in its present form. Patrick Alford, Senior Planner, summarized the applications as set forth in the staff report, and noted the following: "This plan is the recommendation of a citizens committee who have worked at directing the drafting of the plan over a three -year period. The committee consisted of representatives of the Peninsula Point and Central Newport Beach Homeowners Associations, and the Central Balboa Merchants Association. "The Specific Area Plan contains a set of goals, objectives and policies to guide development of the area; a set of land use regulations designed to see that the use of property conforms with the goals of the Specific Area Plan; a set of property development regulations designed • to see that the physical development of property conforms to the goals of the Specific Area Plan. Included are incentives for new development; measures to maintain and strengthen the general pedestrian orientation; decorative streetscape improvements; screening of refuse storage areas, mechanical equipment, revised sign regulations and revised landscaping standards. "It is hoped that the above components, working in conjunction, will create an environment to improve the area's economy and character." Council Member Hedges expressed appreciation to all the committee members for their hard work and efforts in developing the proposed Specific Area Plan, and welcomed public input. Chan Lefebvre, 2112 E. Balboa Boulevard, representing Balboa Peninsula Point Association Board of Directors, addressed the Council and outlined their concerns as enumerated in their letter: • 1) traffic increases, 2) additional public parking areas, 3) Wells Fargo site, 4) additional traffic signal at Washington Street, 5) precondition to expenditure of City funds, 6) maintenance district, 7) Balboa Boulevard building setback, and 8) private encroachments into public right - of -way. In conclusion, they Volume 48 - Page 328 COUNCIL MEMBERS yc���s9y s CRLL • CITY OF NEUORT BEACH September 12, 1994 requested the Council consider what makes other older commercial areas of the City relatively successful. Marine Avenue on Balboa Island, downtown Corona del Mar and Lido Village have not required large amounts of taxpayer money, and they each have proportionately less parking than Balboa. In response to the concern as to who will pay for the proposed improvements, the City Manager noted that on Page 32 of the staff report, Public Improvement Component, it describes that many of the improvement projects would be funded over a number of years during the City's regular budget cycle. As he views the proposed Specific Area Plan, this is the "first leg of a stool" to revitalize Central Balboa. It is clearly going to take a partnership between the public and private sector to implement the Plan as the City cannot totally fund all the improvements. Being fully cognizant of the City's budgetary constraints, he felt there might be funding available through the Community Block Grant program because of the proposed economic development. Tom Hyans, President, Central Balboa Homeowners Association, addressed the Council and stated they support, in concept, the majority of the concerns cited by Mr. Lafebvre and feel the Plan is a good document and guideline for the future. He stated that there was a great deal of difficulty implementing the Specific Area Plan for Cannery Village/McFadden Square primarily because of the assessment districts, and the assessment district that was to resolve the "mixmaster" for the benefit of the residents was never accomplished, and has even gotten worse. He briefly discussed the circulation and parking plan for Balboa; the proposed traffic signal at Washington Street; and stated if the traffic concerns are resolved he felt the Plan will prove beneficial. Elaine Linhoff, 1760 E. Ocean Boulevard, addressed the Council in opposition to the proposed traffic signal at Washington Street and Balboa Boulevard, stating she felt it was unnecessary and unacceptable. She urged that Main Street not be made into a "pedestrian street only" as it could result in loss of the Post Office, and questioned the reference to a traffic study in the notice of this public hearing. Mr. Alford responded that as part of the environmental review of this project, a traffic study was required to assess possible impacts of the land use changes being proposed, and as a result, a Negative Declaration was prepared in- house. Volume 48 - Page 329 MINUTES Zoning CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL F September 12, 1994 MINUTES INDEX Curtis Herberts, 2290 Channel Road, Zoning addressed the Council and stated he owns the property where the Balboa Saloon and Pizza Pete's is located on Washington Street, and opposes the proposal to place a traffic signal at Washington • Street and Balboa Boulevard. He stated he objects to any change in the traffic flow in the downtown Balboa area; he also is opposed to making Main Street for pedestrian use only; and he is not in favor of placing rock salt on the sidewalks. He discussed his concerns regarding the construction of commercial development, and the proposed zone changes in the Specific Area Plan. Sid Soffer, 900 Arbor Street, Costa Mesa, -speaking to the issue of promoting tourism on the Peninsula, stated that "you can't expect to bring in more people in this City without increasing traffic." He also discussed the poor economic situation at McFadden Square this past Summer, and made comments regarding the McFadden Square parking meter fund. Gus Chabre, 1130 E. Balboa Boulevard, addressed the Council and discussed the reasons he felt the proposed Maintenance District in the Specific Area Plan is a drawback and should be reconsidered before a vote is taken on the Plan. • Council Member Hedges stated he attended the last regular meeting of the Balboa Merchants and Owners Association where they discussed the possibility of adding a fee to the Business License tax specifically to handle the maintenance problem. Bob Black, representing Balboa Merchants and Owners Association Board of Directors, stated they endorse the Specific Area Plan "pretty much as is." He realizes there is much more to work on once the Plan is implemented; he felt it is very important for property owners to maintain the areas around their property; that Balboa is really in need of a face -lift and the Specific Area Plan should be adopted. He stated their Association would like to address the issue of the ficus trees on Main Street inasmuch as they are growing so close together and some will eventually have to be removed. W. R. Dildine, owner of 320 E. Balboa Boulevard, addressed the Council and discussed his concerns as to the cost of the proposed improvements and how they will be funded. He also does not feel • his property should be included in the Specific Area Plan and requested that Blocks F, G, R, and 205 Cypress Avenue, zoned R -2 be deleted. In response to the above remarks, Mr. Alford stated that the original recommendation of the Specific Area Plan Committee was to have the last commercial block in that particular area Volume 48 - Page 330 COUNCIL MEMBERS 00 MAV`�` • • • September 12, 1994 (Block S), changed to two- family- residential in the Land Use Plan which is the equivalent to R -2 in the Specific Area Plan. However, during the Planning Commission hearing, some property owners indicated they felt that this change would be a down- zoning of their properties and requested a commercial designation be retained. Following a number of discussions, a compromise was reached and Block S is now to remain commercial in the General Plan with a new zone known as R -P incorporated into the Specific Area Plan. The R -P zone is • mixed use and allows residential with • limited amount of commercial. If the area in question is removed from the Specific Area Plan, there could be a problem because there would be no R -P zone equivalent in the current Zoning Code. The Planning Director pointed out that even though a parcel of property is included in the Specific Area Plan, this does not necessarily mean it will be included in an Assessment District, and that prior to any formation of a District, a study is required to determine what the benefits would be as well as a public hearing. Virginia Herberts, 2290 Channel Road, addressed the Council and stated she favors all of the ideas pertaining to enhancing and beautifying the down town area, and to maintain the district once it is improved; however, she is concerned about the proposed revised circulation plan, and felt there is no need for a traffic signal at Washington Street; she also hoped that the majority of the trees on Main Street would remain in order to keep the attractive "arbor" effect. Maudette Ball, President, Balboa Peninsula Point Association, addressed the Council and asked for clarification regarding the various types of available funding for the proposed improvements. In response to the above, the City Manager stated that as one source of funding, there would be money in the 1995 -96 Community Block Grant Program which possibly could be earmarked for improvements in Central Balboa. Jim West, owner of 514 E. Ocean Front, addressed the Council and commended the City for following through on a commitment and working with owners in the area in an attempt to improve the economic development in the Central Balboa area. He stated that many of the concerns talked about at this meeting can be resolved at a later date, and that the City should move forward with the Plan. James Petrilli, 2501 Bamboo Street, owner of 504 E. Ocean Front, addressed the Council and stated he was in support of revitalizing commercial interest in Volume 48 - Page 331 001WI Zoning CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y � September 12, 1994 ROLL CRLL \% INDEX the Central Balboa area; however, he did Zoning have some objections to the proposed Specific Area Plan as presented. He submitted a petition and prepared statement outlining his recommended amendments to the Plan, and stated he • felt that the increased height limitation, loosening of parking requirements, and rezoning to R -3 and R- 4 would be fair trade -offs for the residential property owners who are being negatively affected by the current plan which will increase traffic to the area and will increase the number of cars parked in front of their properties. Britta Pulliam, owner of restaurants at 111 Palm Avenue and 205 Main Street, addressed the Council in support of the Specific Area Plan and urged approval not be delayed any further. Roy Wilson, 913 W. Bay Avenue, owner of 701 E. Balboa Boulevard (Beach Cottage) at Washington Street, addressed the Council and discussed the proposed traffic signal at Washington Street, and the need to improve the Central Balboa area. He stated he has another retail store on Balboa Island that does a much better business than his shop on the Peninsula and he believes it is because of the upgraded environment. He stated he endorses the Specific Area Plan and • urges adoption. Madeline Arakelian, owner of property on Ocean Front, addressed the Council and received clarification as how to amend a Specific Area Plan once it is adopted; discussed the proposed traffic signal at Washington Street, and her concerns regarding increased traffic on the Peninsula. Gary Malazian, 4827 Cortland Drive, owner of property adjacent to the Balboa Theater where the chocolate store is located, addressed the Council, and stated that many of the issues brought up this evening have been discussed in detail at the Balboa Merchants and Owners Association meetings, and invited those concerned residents to attend any of their upcoming meetings. He stated that because some business property owners will not clean their sidewalks or windows, they are looking into the feasibility of establishing some type of assessment district with the City for the cleaning and maintenance of the sidewalks. He also noted that it is their recommendation to keep some parking spaces in front of the post • office on Main Street, but to remove all other parking so that it would be for .pedestrians only. With respect to the ficus trees on Main Street, it is the Association's recommendation to remove every other tree. Volume 48 - Page 332 COUNCIL MEMBERS ROLL CRLL��s����� • Mien x CITY OF NEWPORT BEACH September 12, 1994 Mari Kosger, 502 E. Ocean Front, addressed the Council and expressed her concerns and opposition to the recommended increase in parking spaces in the proposed Specific Area Plan in the 500 block of Ocean Front which faces the Balboa Pier parking lot. She stated she felt the additional vehicles, particularly recreational vehicles, will add noise and pollution to the area, as well as block some of their views. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Hedges stated he was Chairman of the Specific Area Plan Committee for the past three years, and would like to express appreciation to the Committee members as well as the public who attended their meetings. He commented that the proposed Plan is not perfect and will not satisfy everyone; however, he felt it is a good document which contains a number of concessions made during their many deliberations and at the Planning Commission hearings. Pertaining to the proposed traffic signal at Washington Street, he stated this would. only occur if the traffic study warrants installation. He added he is available to discuss individual concerns and /or clarify areas of the Plan for those who may wish to contact him. In view of the foregoing, motion was made by Council Member Hedges to: (a) Adopt Resolution No. 94 -84, approving General Plan Amendment 94 -1(D) and accept the Environmental Document; (b) Adopt Resolution No. 94 -85, approving Local Coastal Plan Amendment No. 33; (c) Adopt Ordinance No. 94 -44. Council Member Hart referenced the proposed traffic signal at Washington Street in which the staff noted that it is not included in the Specific Area Plan as a programmatic component, but could be brought up as part of the consideration of the revised Circulation Plan. Mayor Turner asked Council Member Hedges if he would include in his motion, direction Ito staff to investigate the various funding mechanisms that possibly could be used for the proposed improvements. Council Member Hedges Indicated he had no objections. Council Member Hedges referenced the concern over the ficus trees on Main Street, and following discussion, staff recommended that Item No. 4 on Page 33 of the staff report be revised to read as follows: Volume 48 - Page 333 MINUTES Zoning 94 -84 Res 94 -85 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CRLL t� September 12, 1994 TNnFY "Remove existing and install new Zoning trees on the east and west sides of the 100, 200 and 300 blocks of Main Street in conjunction with planned improvements. Existing trees shall be maintained to the • extent necessary to preserve the character of the tree lined canopy unless public safety or a diseased condition warrants removal. Tree wells are to be flush - mounted with steel grating with brick paver trim and /or brick surfaces." All Ayes Council Member Hedges stated he was in support of the above change, and the motion, as amended in the foregoing, was voted on and carried. PUBLIC COMMENTS 1. Council Member Hedges commented that the recent big band dinner and dance sponsored by the Balboa Merchants and Owners Association during the Seafest celebration was very enjoyable and he hopes it becomes an annual event. 2. Tom Hyans, President, Central Newport Beach Community Association, 217 19th Street, addressed the Council regarding the Off- Street Parking Meter Fund. He stated he also concurred in the earlier remarks of Mrs. Otting regarding the • need for clarification in interpreting the method in which certain items are listed in the budget document, as he felt it is getting more difficult to understand. The City Manager commented that with regard to referencing capital improvement projects in the budget, the staff is in the process of listing the actual project numbers for easier identification and match -up, and those numbers will appear in the final approved budget document once it is printed. He also invited anyone who needs clarification of the budget document to either contact him or the Finance Director. 3. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed promoting business in general as well as on the Peninsula. 4. Casey Davidson, 128 -1/2 43rd Street, addressed the Council and submitted a prepared statement regarding a police incident which took place on August 21, 1994 near Lucky's shopping center which involved her son and a friend and the • way in which they were treated by the Police Department. Mayor Turner stated he would have the Police Department investigate the allegations contained in the above statement. Volume 48 - Page 334 CITY OF NEWPORT BEACH COUNCIL MEMBERS �`� Fs� September 12, 1994 ROLL CALL MINUTES INDEX 5. Carmen Langford, P.O. Box 1783, Newport Beach, addressed the Council and stated that her vehicle was towed in error from 4507 Pacific Coast Highway, Newport/ Balboa Village. She stated that there were no signs posted designating "No • Parking," as required by Section 22658 of the Vehicle Code and requested that staff investigate the site as she intends to pursue the matter in court. 6. Dolores Otting, 17 Hillsborough, addressed the Council and emphasized the need for easier interpretation of the budget document. She stated that when she was researching certain items she was looking for the name of the project, and not project account numbers. She also expressed dissatisfaction over an article written by a Department Director in the recent City Manager's Weekly Newsletter, stating she would hope the Newsletter is not used as a "hit list" for people who want to participate in City government, and suggested an apology be made to the individual named in the memorandum. 7. W. R. Dildine, owner of 320 E. Balboa Boulevard, addressed the Council and stated for the past 30 years he has been involved with the City for various reasons, and has always been treated in a courteous manner by City staff. • S. Charlie Gabbard, 432 -1/2 Heliotrope Avenue, addressed the Council and invited those interested to attend Corona del Mar's 90th celebration, Tuesday, September 13 at 6 p.m. at Sherman Gardens. 9. Long Pham, 1529 W. Balboa Boulevard, addressed the Council regarding his concerns over the Groundwater Development: project, particularly the Geology Study. The City Manager requested Mr. Pham contact his office for the information he is interested in obtaining. 10. Margaret Spot, Corona del Mar (no address given), addressed the Council regarding dog nuisances, and suggested the staff look into imposing a fine on property owners who do not carry a plastic bag and pick up after their dog, as well as dog owners who violate the leash law. At the request of Council Member Sansone, the City Attorney stated he would investigate the above suggestion and report back. • CURRENT BUSINESS - SUPPLELENTAL AGENDA ITEM 31. Report from City Attorney regarding John Wayn PROPOSED INITIATION OF AIR CARGO SERVICE Airport /A AT JOHN WAYNE AIRPORT. Cargo Sry (54) Volume 48 - Page 335 COUNCIL MEMBERS �`��`r9yJ�'G�9�� CFFLL s • Motion All Ayes • 0 CITY OF NEWPORT BEACH September 12, 1994 The City Attorney summarized his report concerning proposed amendments to Phase 2 Access Plan, United Parcel Service, proposal to initiate all cargo service at John Wayne Airport, and recommended the following: Retention of McDermott, Will and Emery, a law firm who specializes in airport and CEQA litigation to evaluate DEIR 552; the comments submitted by the City to date, and make recommendations regarding submittal of additional documentation that may be necessary to protect the City's interest if approval of this project results in litigation; and further, to retain the legal counsel of Stansfield and Cutler who specialize in airport noise issues and will represent the City's interest before the FAA Administration. The City Attorney stated that the cost for the above would be a maximum of $5,000 to each law firm and any additional expenses would come back to the City Council for approval. Motion was made by Mayor Turner to approve the foregoing recommendation. Meeting adjourned at 11:00 p.m. The agenda for this meeting was posted on September 8, 1994 at 8:10 a.m., and the Supplemental Agenda was posed on September 9, 1994 at 11:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: Z Volume 48 - Page 336 MINUTES t /Air Sry