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HomeMy WebLinkAbout05/08/1995 - Regular MeetingROLL CALL • Present Motion All Ayes Motion All Ayes • • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING MINUTES IEX PLACE: Council Chambers A � } w W W W J � TIME: 7:00 P.M. ¢ X ¢ gXOZ > w DATE: May 8, 1995 q¢ W 3 W g W 2 O U J, C7 O INE CLOSED SESSION - 5:00 P.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None RECESSED AT 6:55 P.M. RECONVENED AT 7:00 P.M. for regular meetina x x x x x x x ROLL CALL x Reading of Minutes of Adjourned 2:00 p.m. Study Session, and Regular Meeting of April 24, 1995, 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. Mayor Hedges and Barbara Shelton of the ENVIRONMENTAL QUALITY CITIZENS ADVISORY COMMITTEE presented Certificates of Appreciation and $50 Savings Bonds to the winners of the SCHOOL POSTER CONTEST - 1995 THEME EARTHDAY- BIRTHDAY. Mayor Hedges presented a Proclamation to Paul Orris, Corona del Mar Basketball Coach, and their Team Captain, in recognition of their recent CIF CHAMPIONSHIP. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: • Council Member Watt requested that the Legislative Committee review and report back on the status of the bypass for Newport Coast Road, including the current lawsuit regarding the toll booth. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT- • Mayor Hedges requested staff review and report back on Municipal Code Section 15.32.015, Underground Utility Service Connection, with a view to modifying the requirement of undergrounding utilities when a property owner upgrades their electrical service in areas where there are no underground utilities. i; Volume 49 - Page 165 IEX ROLL CALL Mon All Ayes r �J E CITY OF NEWPORT BEACH (r q3g2UCO W r ¢ ¢ MfmXOZ W w W O y > J, J w May 8, 1995 INE CONSENT CALENDAR X The following Hems were approved, except for those Hems removed: ORDINANCE(S) FOR INTRODUCTION Pass to 2nd reading on May 22,1995: 1. Proposed ORDINANCE NO. 95 -15, being, Ord 95 -1 Offense: AN ORDINANCE OF THE CITY COUNCIL OF Nuisance THE CITY OF NEWPORT BEACH AMENDING (70/27) CHAPTER 10.54 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO INDECENT EXPOSURE. [Report from Assistant City Attorney] 2. Removed from the Consent Calendar. 3. Proposed ORDINANCE NO. 95 -17, being, Ord 95 -1 Entertai AN ORDINANCE OF THE CITY COUNCIL OF Estab THE CITY OF NEWPORT BEACH AMENDING (27) CHAPTER 5.28 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ENTERTAINMENT ESTABLISHMENTS. [Refer to report w /agenda item I] Schedule for public hearing on May 22, 1995: 4. Proposed ORDINANCE NO. 95 -18, being, Ord 95 -1 Zoning AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE THE REQUIRED REAR YARD SETBACK FOR RESIDENTIAL PROPERTIES ABUTTING ALLEYS WITH WIDTHS OF 20 FEET TO 24 FEET FROM 2 FEET 6 INCHES TO A ZERO FOOT REAR YARD SETBACK (PLANNING COMMISSION AMENDMENT NO. 820). [Report from Planning Department] RESOLUTION(S) FOR ADOPTION 5. Resolution No. 95 -37, requesting HARBOR Fees /Fir MUNICIPAL COURT'S ADOPTION OF A BAIL Res 95 -; SCHEDULE FOR VIOLATION OF NEWPORT BEACH (40) MUNICIPAL CODE SECTIONS 10.60.030, 5.96.015, 10.59.040, 10.59.050, 10.59.060 AND 10.54.020. [Report from Revenue Manager /Finance Department] Volume 49 - Page 166 ►EX 5 a/ :s .7 .nment lance 17 ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES v, of C QCrWW0OZ W F_ 382000 ¢ 0 > w May 8, 1995 INDEX 6. Resolution No. 95 -38, ESTABLISHING THE RETAIL Fees /Finance FIREARMS SALES PERMIT FEE FOR LARRY HARRIS. Res 95 -38 [Report from Revenue Manager /Finance (40.) Department] 7. Resolution No. 95 -39, REVISING FEES ASSOCIATED Fees /Finance WITH FIRE DEPARTMENT OPERATIONS (HAZARDOUS Res 95 -39 MATERIALS DISCLOSURE AND RESIDENTIAL (40) DEVELOPMENT OVER FOUR UNITS). [Report from Fire Chief] 8. Resolution No. 95.40, PUBLIC EMPLOYEE'S MEDICAL Empl Medical/ AND HOSPITAL CARE ACT, permitting the Newport Hospital Ins. Beach Employees League, Newport Beach P . E . R. S . Professional/rechnical Employees Association and Res 95 -40 Newport Beach City Employees Association to (47 ) participate in the PERS HEALTH CARE PROGRAMS now available to other City employees. [Memorandum from Personnel Director] 9. Resolution No. 95 -41, AUTHORIZING ISSUANCE OF Utilities/ BONDS AND APPROVING FORMS OF INDENTURE AND Assessment PURCHASE AGREEMENT FOR ASSESSMENT DISTRICT Dist 72 NO. 72 (UNDERGROUNDING UTILITIES IN BALBOA Res 94 -41 COVES). [Report from Public Works Department] (8 9 ) 10. Resolution No. 95 -42, APPROVING TEMPORARY Permit /Temp STREET CLOSURE OF VIA OPORTO BETWEEN VIA LIDO St Closure AND CENTRAL AVENUE for Lois L. Streit to display Res 95 -42 merchandise at events between the hours of 8 (65 ) a.m., and dusk on May 13 & 14, July 15 & 16, October 21 & 22, November 18 & 19, and December 9, 10, 16 & 17, 1995. [Memorandum from Recreation Manager /Community Services Department] 11. Resolution No. 95 -43, ACKNOWLEDGING RECEIPT OF Planning /CIOE A PETITION to form a SPECIAL IMPROVEMENT Res 95 -43 DISTRICT and authorizing and directing actions with (68 ) respect thereto. [Report from Finance Director] 12. Resolution No. 95 -44, DECLARING INTENTION TO Planning /CIO: ESTABLISH A SPECIAL IMPROVEMENT DISTRICT and Res 95 -44 authorizing the levy of special taxes. [Refer to (6 8 ) report w /agenda item 11 ] 13. Resolution No. 95 -45, DECLARING INTENTION TO Planning /CIO: INCUR BONDED INDEBTEDNESS of the proposed City Res 95 -45 of Newport Beach SPECIAL IMPROVEMENT DISTRICT (68 ) NO. 95 -1 (CIOSA). [Refer to report w /agenda item 11] 14. Removed from the Consent Calendar. Volume 49 - Page 167 ROL CAL r: �J CITY OF NEWPORT BEACH MINUTES L L ' M ' ¢ g W3g2U00 F- Q >M- ¢ W 0 W t9 W O W > J N W May 8, 1995 INDEX CONTRACT(S) AND AGREEMENTS) 15. Professional Services Agreement for preparation of Newport Pav Environmental Impact Report (for a fee not to Project exceed $53,750 plus reimbursable expenses which C -3046 would be paid by the applicant) for the NEWPORT (38 ) PAVILION PROJECT. [Report from Planning Department] 16. Removed from the Consent Calendar. 17. MACARTHUR BOULEVARD WIDENING PROJECT MacArthr Wdng SEGMENT 1 CONSTRUCTION FROM PACIFIC COAST Seg I HIGHWAY TO 1000 FEET NORTHERLY OF SAN C -2825 JOAQUIN HILLS ROAD (CONTRACT NO. 2825) - (38) Approve Cooperative Agreement No. 12 -237 with Caltrans for Oversight of MacArthur Boulevard Widening Segment 1 Construction. [Report from Public Works Department] 18. BALBOA BOULEVARD, RECONSTRUCTION 12TH STREET Bal 131 Rcnst/ TO 14TH STREET (CONTRACT NO. 2936) - 1) Waive 12th -14th Sts the irregularities in the bid proposal of Gillespie C -2936 Construction Inc., as obvious clerical errors, and (3 8 ) accept their bid; and 2) Award Contract No. 2936 to Gillespie Construction, Inc. for the total bid price of $826,016.50. [Report from Public Works Department] 19. CONSTRUCTION OF WATER PIPELINE REACH NO. 1 Grndwtr Dev PIPELINE (Utilities Yard to Santa Ana River) Prj /Reach 1 GROUNDWATER DEVELOPMENT PROJECT C- 3004 -J (CONTRACT NO. 3004 -J) - 1) Find that the lowest (38) bidder, Vido Artukovich & Sons, Inc., can meet the requirements for completing the proposed contract work and declare them the "low bidder," and 2) Award Contract No. 3004 -J to Vida Artukovich & Son, Inc., in the amount of $1,971,245. [Report from Utilities Department] 20. PROFESSIONAL SERVICES AGREEMENTS (CONTRACT Grndwtr Dev NO. 3004) FOR THE GROUNDWATER DEVELOPMENT & Prj /Prf Sry RELATED CAPITAL PROJECTS - Execute Professional Agm Services Agreements with 1) Converse Consultants (C- 3004 -A &D) Orange County for Geotechnical Investigation & (3 8 ) Field Monitoring (Contract 3004 -A) for fee not to exceed $185,700 based on standard hourly rates; and 2) DMc Engineering for Field Surveying, Engineering & Project Management (Contract 3004 -D) for fee not to exceed $187,200 based on standard hourly rates. [Report from Utilities Department] Volume 49 - Page 168 CITY OF NEWPORT BEACH MINUTES ROLL CALL A Q�WW0 W X ¢ Z: U -J C7 w 0 May 6, 1995 INDEX 21. MOBILE VIDEO PROJECT AND FUNDING - 1)Approve Mobile Video a maximum expenditure of $196,860 to purchase Prj /Fndg fr 29 Mobile Video Systems for use in all marked Police Dpt Police Vehicles of the Newport Beach Police C -3047 Department and award bid to Kustom Signals, Inc., (38 ) and authorize the Police Chief to negotiate a contract with the vendor, subject to approval by the City Attorney's Office; 2) Approve the expenditure of $50,751 for related equipment needed for the implementation of the project; 3) Approve the expenditure of $11,000 for modification of the Police Facility to accommodate tape storage and distribution requirements of the overall project and the relocation of existing police function; and 4) Approve the financing recommendation proposed by the City Manager to purchase or lease the recommended police mobile video systems, related equipment, and building modifications. [Reports from City Manager and Police Department] 22. PERSONNEL VACANCIES - Report from Personnel (66) • Director. 23. CLAIMS For Denial by - the City Manager. (3 6 ) Jack Dempsey alleging property damage as a result of sewer stoppage on February 14, 1995 at 2 Rue Chamonix; seeking reimbursement of $447.70. Ed Dillon alleging property damage as a result of electrical cabinet door at Marina Mobile Home Park, falling onto automobile causing damage to windshield, paint, etc., on March 23, 1995. Vickie S. Langille alleging personal injuries as a result of trip and fall at 111 21st Street on March 11, 1995. Melvin S. Mann alleging hole in waterline caused flooding to garage and kitchen at 1219 W. Bay Avenue on March 24, 1995; seeking approximately $950 in property damages. Greg S, Jana McConaughey seeking reimbursement of plumbing work due to backup • and flooding of home at 3125 Bayside Drive on April 3, 1995. Alice Morales alleging loose sand on bicycle path at West Oceanfront and 16th Street on March 12, 1995, caused personal injury. Volume 49 - Page 169 ROL CAL FJ • CITY OF NEWPORT BEACH MINUTES I, i L Q Q 31- gQWWOJ, W 3g2U(.70 ¢ pggXOZ > w May 8, 1995 INDEX Ronald Samborskt alleging Police Officers detained and questioned him on April 7, 1995 at the former Delaney's grocery store parking lot; took his wallet with all its contents; seeking reimbursement of personal property. Kathleen B. Thomas alleging trip and fall due to construction in area of Jamboree and San Joaquin Hills Road on April 20, 1995; seeking reimbursement of $258 for medical bills. Louise Wyalt alleging heavy wind caused tree branch to fall on vehicle while parked in front of City bank building at Via Lido metered parking on April 10, 1995. 24. AGENDA OF MAY 4, 1995, FROM THE PLANNING Planning DEPARTMENT. (68 ) 25. PUBLIC HEARING SCHEDULING /May 22. 1995 - Use U/P 1956(A) Permit No. 1956(Amended) Thunderbird Club. (8 8 ) [Report from City Attorney] 26. Removed from the Consent Calendar. 27. ALCOHOLIC BEVERAGE OUTLET CITY COUNCIL Council Polic} POLICY - Adopt City Council Policy K -7, Alcoholic K-7 Beverage Outlets. [Memorandum from Assistant (69 ) City Manager] 28. MASSAGE OPERATOR'S PERMIT /MENA DALEY - Massage Perm/ Recommendation in staff report to deny. (Report Daley from City's Contract Attorney] (27 ) 29. MASSAGE OPERATOR'S PERMIT /JACQUELINE KING & Massage Perm/ JANINE BLAIR - Recommendation in staff report to King /Blair grant permit. [Report from City's Contract (27 ) Attorney] 30. MASSAGE OPERATOR'S PERMIT /EDWARD Massage Perm/ ROCKWOOD - Recommendation in staff report to Rockwood deny. [Report from City's Contract Attorney] (27 ) 31. NON - STANDARD IMPROVEMENTS FOR CITY SEWER Permit /321 EASEMENT AT 321 KINGS ROAD - Approve Kings Rd agreement for non- standard improvements within (6 5 ) the public right -of -way in an easement across the subject property; City Clerk to record with Orange County Recorder. [Memorandum from Utilities Department] Volume 49 - Page 170 ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES U, ���rgxoz q W F Q 3q ¢ W W =(JC70 O > J w May 8, 1995 INDEX 32. WATER PIPELINE CONSTRUCTION FOR REACH NO. 3 Grndwtr Dev/ WATER TRANSMISSION PIPELINE (CONTRACT NO. Reach 3 3004 4) GROUNDWATER DEVELOPMENT PROJECT - C- 3004 =L Approve plans and specifications and authorize (38 ) City Clerk to advertise for bids to be opened at 2 p.m., Wednesday, May 31, 1995 at the office of the City Clerk. [Memorandum from Utilities Department] 33. AVOCADO AVENUE WATER PIPELINE PROJECT Avocado Av CONSTRUCTION (CONTRACT NO. 2942) - Approve Wtr Pipeln the plans and specifications; and authorize the C -2942 City Clerk to advertise for bids to be opened at 2 (3 8 ) p.m., Tuesday, May 30, 1995 at the office of the City Clerk. [Memorandum from Utilities Department] 34. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Permit /2501 AND MAINTENANCE OF PROPOSED PRIVATE Ocean Bl IMPROVEMENTS WITHIN THE OCEAN BOULEVARD (65 ) PUBLIC RIGHT -OF -WAY ADJACENT TO 2501 OCEAN BOULEVARD, CORONA DEL MAR - Approve the application subject to Execution of an Encroachment Agreement for non - standard improvements; an Encroachment Permit issued by the Public Works Depart ment. (City Clerk to have the agreement recorded with the Orange County Recorder). [Report from Public Works Department] 35. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Permit /1200 S, AND MAINTENANCE OF PRIVATE IMPROVEMENTS Bay Front WITHIN THE SOUTH BAY FRONT AND AMETHYST (65) STREET PUBLIC RIGHT -OF -WAYS ADJACENT TO 1200 SOUTH BAY FRONT, BALBOA ISLAND - Approve the application subject to Execution of an Encroachment Agreement for non - standard improvements; an Encroachment Permit issued by the Public Works Department (City Clerk to have the agreement recorded with the Orange County Recorder). [Report from Public Works Department] 36. Removed from the Consent Calendar. 37. BOLSA PARK CONSTRUCTION (CONTRACT NO. 2899) Balsa Prk - Approve the plans and specifications; and C -2899 authorize City Clerk to advertise for bids. (3 8 ) [Memorandum from Public Works Department] Volume 49 - Page 171 ROLL CALL • • CITY OF NEWPORT BEACH MINUTES v, 31--MM QQwwo�• W F XQ=UL90 ¢ 0 > 0Z w May 8, 1995 INE 38. POLICE DEPARTMENT /RECLASSIFICATION OF PD /Recla POSITIONS - Approve recommendations contained (7 0 ) in the staff report which outlines the process of reclassifying two swom officer positions and one non -swom Community Services Officer to three civilian Crime Scene Investigators and one Crime Analyst position at no additional cost to the City; and direct staff to work with the Civil Service Commission to establish appropriate job descriptions and conduct a recruitment for the positions. [Report from Chief of Police] 39. Removed from the Consent Calendar. 40. Removed from the Consent Calendar. 41. BUDGET AMENDMENT(S) (4 0 ) BA -034, $736,000 - Increase revenue estimates as well as appropriate funds for existing CONTRACT 3008 which is part of a larger traffic signal improvement project that is 80`9a funded through the MEASURE M, COMPETITIVE FUNDING PROGRAM. The 20% City match is being paid for with Gas Tax Funds. BA -035, $50,000 - Transfer from General Services - Parks, salaries, to their professional services account due to the privatization of the General Services - Parks Division and subsequent contracting of parkway and median services with LANDSCAPE WEST. [Memorandum from General Services Director] BA -036, $50,000 - Appropriate additional funds for professional AIRPORT CONSULTING FEES. Account represents estimate to complete the year. BA -037, $55,000 - Appropriate unbudgeted revenues received from Irvine Ranch Water District for the reconstruction of the CAMEO SHORES LIFT STATION and installation of new sewer force main facilities to serve PELICAN POINT AND PELICAN HILL per agreement dated 2/21/91. [Supporting documents from Utilities Department] ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Report from Assistant City Attorney regarding Ord 95- agenda items 1, 2 8, 3, proposed ORDINANCE, Adult E being (2 7 ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.96.010 AND 5.96.045 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ADULT BUSINESSES; and Volume 49 - Page 172 IEX isfctns •16 lus CITY OF NEWPORT BEACH MINUTES ROLL CALL tri 3 w3A [- } (w in W A = x'o °vi;o x W -il H z May B, 1995 INDEX 39. Report from City Attorney regarding ADULT Adult Entr • ENTERTAINMENT /ADULT BUSINESSES - Response to Bus Council Member Edwards' request regarding (2 7 ) recent development in municipal regulations. The following persons addressed the Council in opposition to the Mermaid Topless Bar and Restaurant near John Wayne Airport which will be opening soon: Sarah Sanserieri, 704 Marigold Avenue Clark Emerson, resident of Orange Marianne McDaniel, 127 Jade Avenue It was the opinion of the above speakers that sexually oriented businesses will: I) lower community standards; 2) negatively affect surrounding businesses; and 3) encourage violence against women and threaten their personal safety, civil rights and dignity. They also felt added police protection will be needed in the subject area inasmuch as these type businesses increase the opportunity for burglaries, theft, disturbance of the peace, etc., and the area around the airport • could eventually resemble Century Boulevard next to LAX if stronger restrictions are not imposed. In response to the above, the City Attorney reported that this City's regulations with regard to Adult Businesses are the most stringent in the State representing the maximum amount of regulations that the courts have permitted of Adult Businesses, and that regulations anymore stringent would be counter - productive in that they could be successfully challenged in the courts. The City's regulations began in 1980 in response to a 1976 Supreme Court ruling which authorized zoning ordinances to limit adult businesses from congregating in specific areas or allowed a public agency to force those businesses to congregate in one area to the exclusion of other areas. The City of Newport Beach chose to adopt a zoning ordinance which required these businesses to locate a certain distance from residential communities and a certain distance from one another. Over the years, periodic amendments to this Ordinance were approved by the Council to make sure they contained the maximum degree of • regulation permitted by the courts. In 1986, the courts concluded that the regulations the City had adopted were valid, but also said that a City our size with our diverse land uses, could not prevent Adult Businesses through zoning ordinances, and as a result, the City has to allow approximately 596 of Volume 49 - Page 173 CITY OF NEWPORT BEACH MINUTES ROLL CALL u•, ¢ QQWWO Wxg2000 �- > W ' °Z w May 8, 1995 INDEX the land area to be available for Adult Businesses if • they chose to locate in that particular area. The City has also adopted an Ordinance which prohibits total nudity within Adult Businesses consistent with court rulings. Motion x Mayor Pro Tern Debay advised that copies of the All Ayes City Attorney's memorandum are available to anyone interested, and moved to introduce Ordinance No. 95 -16 and to pass to second reading on May 22,1995; and to receive and file the City Attorney's report concerning Adult Entertainment /Adult Businesses. 14. Report from Marine Department recommending Balboa Ycht adoption of proposed Resolution ADJUSTING THE Basin Slip SLIP FEES FOR THE BALBOA YACHT BASIN from $12.25 Fees per foot per month to $14.50 per foot per month. (40 ) The following persons addressed the Council in opposition to the proposed increase in fees: John Sipple, 452 Seaward Avenue Ron Bower, 1430 Seranade Terrace • Charles Mitchell, 2897 Velasco Lane, Costa Mesa Dr. Daniel Rose, 2144 Camellia Lane, Fullerton Robert Elliott, 1319 Parkside Drive, Riverside Sid Soffer, 900 Arbor Street, Costa Mesa Art Ciancio, 21871 Seacrest, Huntington Beach Gerald Lester, 2231 -C1 Pacific Avenue, Costa Mesa It was indicated by the above speakers that the proposed 18% increase in slip fees is "outrageous and unreasonable," particularly in the current economy, and will force existing tenants to look elsewhere; the market will not support this type of increase without creating vacancies; the City does not provide any amenities to justify this increase such as security, larger end -ties, recreational facilities, laundry, etc.: the proposed increase should be more in line with the average Consumer Price Increase which was only 2.3 % per year for the last three years; the proposed rate is higher than the marinas in Long Beach, San Diego, Marina Del Rey, and Huntington Harbor which are in the $6 to $8 range; many of the boat tenants are • on fixed incomes and the increase will cause a financial hardship; if the City is not careful, it will "price itself out of the market;" the tenants should have received notification of this matter at a much earlier date in order to respond adequately; the proposed increase should be deferred for further study and a more reasonable recommendation. Volume 49 - Page 174 RC C.A. CITY OF NEWPORT BEACH MINUTES )LL LLL W M g W F— Q XQ=000 r m W W m W O W > J? w May 8, 1995 INDEX The City Attorney referenced his Supplemental Balboa Ycht Report on this item noting as follows: Basin Slip Fees "In 1982, the City entered into a 'Loan and Operation Contract' with the State Department of Boating and Waterways (Department). The Department loaned the City $2.5 million which was used to renovate the Balboa Yacht Basin. The City agreed to repay the loan 'from gross revenues originating from fees and rentals charged users of the Balboa Yacht Basin." As part of the repayment obligation, the City is required to: '. . . reviewing berthing charges of public and privately owned boating facilities in the general area of Newport Bay, serving the same boating public, and shall then set rates at comparable levels for comparable facilities and services... (and) adjust such rates as necessary to keep them at comparable levels with other public and privately owned boating facilities in the general area . . .'(Section 4(c)). The contract also requires the City to adjust rates no less than once per year. Moreover, the City is required to increase slip fees in an amount at least equal to the percentage change in the CPI —which is approximately 10% over the past four years. In summary, the City is legally obligated to adjust slip fees to reflect prevailing rates in the Harbor and must do so on an annual basis." The City Attorney further noted that the rental fees that are charged boat owners are not property taxes; they are rent paid for space; the State Lands Commission typically requires the City to lease or rent Tidelands at Fair Market Rental Value. The City Manager advised that each year the staff reviews the income received from Tidelands properties, and attempts to calculate the costs attendant to serving those Tidelands areas, however, in calculating those costs for the current fiscal year, it was pointed out that there is a deficit of 1.5 million dollars. He noted that the last time the slip rate at the Balboa Yacht Basin was adjusted was in September 1991. A survey was done April 17, 1995 indicating that marina rates within the City as of July I, 1995 will range from $12.50 per foot . per month to as much as $20.00 per foot per month, and the average appears to be in the area of $14.00 per foot per month. As a result, the Marine Volume 49 - Page 175 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, a 3 gXMMULD W ~P'gxoZ 3g2UC70 (r 0 W �' May 8, 1995 INDEX Department recommended that rates be adjusted. Balboa Ycht • Following consideration and review by the Finance Basin Slip Committee and the Harbor and Beaches Fees Committee, the recommendation was to charge $14.50 per foot per month for all size slips. Tony Melum, Acting Marine Director, addressed the Council and projected on the screen, the Marina Rate Comparisons per foot as of July I, 1995 as enumerated in his report, and answered questions of the Council. Motion x Council Member Cox stated that this item has been studied and debated by the Finance and Harbor and Beaches Committees at great length, and the City does have a responsibility to the public of California that the assets the City has, such as the Tidelands, do get a fair market return on their income. The City is not in a profit- making business, but it is in the business to earn revenue from assets just like any private sector would earn revenue from assets of a fair market rate. He felt it would be totally unfair for the City to provide some type of advantage to a select group of individuals, • and inasmuch as the City has not raised its slip fees in the last four years, he felt the increase was reasonable, and therefore, moved to adopt Resolution No. 95 -46, Motion x Substitute motion was made by Council Member Edwards to increase the monthly fees as follows: slips 40 feet and over to $14.00 per foot: slips 35 to 39 feet to $13.50 per foot, and slips 31 to 34 feet to $12.75 per foot. Council Member Edwards stated he felt his substitute motion was fair and comparable with the CPI. Council Member Glover stated she will not be supporting the substitute motion inasmuch as the Finance and Harbor and Beaches Committees have studied this issue in depth prior to making their recommendations. Mayor Pro Tern Debay expressed her concern with the need to provide some type of amenities at the Balboa Yacht Basin, and questioned if the original • motion carries, could staff look into this matter and report back. Ayes x x The substitute motion was voted on and FAILED. Noes x x x x x All Ayes The original motion as made by Council Member Cox was voted on and carded. Volume 49 - Page 176 CITY OF NEWPORT BEACH MINUTES ROLL CALL cr, ¢ Q¢WWxooz W t- M ¢ A M U ' O w o Mays, 1995 INDEX 16. Report from Public Works Department Stage 10 /Fed • recommending approval of an Agreement with Coop Beach County of Orange providing for City participation Erosion in STAGE 10 OF THE FEDERAL COOPERATIVE BEACH C -3049 EROSION CONTROL PROJECT. (3 8 ) At the request of Mayor Pro Tern Debay, the Public Works Director summarized the proposed project for the benefit of those in the audience and those watching this meeting on television. He stated that this particular agreement between the Corps of Engineers and the County provides for the City's participation in Stage 10 of the Federal Cooperative Beach Erosion Control Project. The Corps of Engineers has put together a program to help provide erosion control along the beaches in a seventeen mile stretch which starts at the City's harbor entrance and ends at Anaheim Bay. Over the last 32 years, eight groins have been constructed, and 1.7 million cubic yards of sand have been placed on the City beaches. The Corps of Engineers have also placed 6 million yards of sand at Sunset Beach with the hope that the sand would gradually wash down coast to • Newport Beach to an off -shore canyon. As a result of further City studies regarding the movement of sand off - shore, the Corps of Engineers was convinced to not put all of the sand in the Sunset Beach area, but rather to put 1.5 million yards in the Sunset Beach and 150,000 yards in the area of Newport Beach between the pier and 56th Street. As part of the Corps of Engineers Santa Ana River project last year, they moved a large amount of sand out off the shore in the West Newport area and built what has been termed as a feeder beach, and that sand has gradually been washing on shore, cleansed, and building up the beach in that area. It is the Corps of Engineers proposal to take 150.000 yards of sand in West Newport, using scrapers and tractors, and haul it down to the groin field area and deposit it there to build the beach up. It is anticipated this project will go to bid in late fall so that they can work during the winter months when the beach is least used. When the actual schedule is complete, more meetings will be held with the community in West Newport in the fall. The City's share in this project is 1.79% of the total project cost or $189,740.00 which is • currently budgeted. _�tion x There being no further comments, motion was 1 1 Ayes made by Mayor Pro Tern Debay to approve the recommended action. Volume 49 - Page 177 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ QQWWO W 382000 ¢ ' °Z w Maya, 1995 INDEX 26. Memorandum from Assistant City Manager Council Polic} • recommending adoption of K -8, SEASHORE- K -8 OCEANFRONT COMPREHENSIVE PLAN, CITY (69) COUNCIL POLICY. The City Manager stated that as a result of the Seashore Oceanfront Comprehensive Plan, the proposed Policy memorializes both the planning process and the actions adopted or recommended during the process; however, the Public Works Department has recommended deletion of the item referring to cul -de -sacs and returning to two-way streets (page 4, section 6) because discussions with the community have produced no consensus. Motion x Motion was made by Mayor Pro Tern Debay to All Ayes approve Council Policy K -8 with the recommended changes as outlined. 36. Report from Public Works Department regarding Permit /3912 & ENCROACHMENTS OF WALLS INTO THE 40TH STREET 4000 River Av RIGHT -OF -WAY AT 3912 AND 4000 RIVER AVENUE (65) ADJACENT TO NEWPORT BAY - 1) Appeal of Ann Santas, representing the owner of 3912 River • Avenue, to retain a stucco wall that encroaches 5' into the 40th Street right -of -way constructed with the recent redevelopment of the property; and 2) Appeal of Vickie Prendergast, the owner of 4000 River Avenue, to retain a brick and wood fence that encroaches 5' into the 40th street right -of -way constructed in excess of 10 years ago. Gertrude Arnold, owner of 3912 River Avenue, addressed the Council in support of her appeal to retain a stucco wall that encroaches 5' into the 40th Street right -of -way constructed with the recent development of the property. She stated she was unaware that a permit was needed for the wall, but felt it is a definite improvement to the property, and she is hopeful she will not have to tear it down and rebuild. She stated she did, however, execute an Encroachment Agreement on July 13, 1994 to construct decorative sidewalk and steps within the parkway area of the 40th Street right -of -way. She stated the street end has never been improved, and reiterated that she did not intentionally have • the wall constructed without the benefit of a permit. Vickie Prendergast, owner of 4000 River Avenue, addressed the Council in support of her appeal to retain a brick and wood fence that encroaches 5' into the 40th Street right -of -way constructed in excess of 10 years ago. She stated that she purchased the property one year ago, and that Volume 49 - Page 178 CITY OF NEWPORT BEACH MINUTES ROLL CALL Q Q Q¢WW0JZ W 3ga:000 ¢ L" 0 ' IJ W May 8,199's INDEX during the past year, various City inspectors have Permits • visited her property and at no time did anyone indicate she had violated a City policy. She stated that from what she understands, the brick and wood fence was constructed in 1978, and if the fence were tom down and a new fence installed at the property line, she would have to tear out the entire front of her house. She stated she is a widow and lives alone, and purchased the home because of the somewhat secluded entrance and security the fence provided. She noted that the property was sold twice before she bought the home, and at no time were those property owners required to reconstruct the fence. Motion x Motion was made by Mayor Pro Tem Debay to defer action on the two subject appeals at this time, but in the interim, staff be directed to perform a non - comprehensive survey of the street ends and encroachments in this area showing how many have been constructed in years past, the impact of these encroachments on the properties in the subject neighborhood, and the number of street ends that make it difficult to get access to • the water. In response to question raised by Council Member Glover regarding the fence at 4000 River Avenue which was constructed over 10 years ago, the Public Works Director noted that the Council Policy that governed encroachments in the 1980's would still not have permitted the fence to be constructed; the fence was only discovered when the staff was investigating the new encroachments adjacent to 3912 River Avenue. The City Attorney advised that there is no situation where an encroachment would be "grandfathered." Council Member Watt indicated she was opposed to the two encroachments in principle, but she does support Mayor Pro Tern Deboy's motion for a survey and more staff input. Mayor Hedges indicated he sympathized with the two property owners in question; however, he felt • this is an appropriation of public properly for private use; also, most of the homes in the City do border on sidewalks as opposed to City -owned property. The Public Works Director suggested that the area to be surveyed around the bay be westerly of 32nd Street, the West Newport area, Newport Island, and the Finley Tract across from City Hall. Volume 49 - Page 179 CITY OF NEWPORT BEACH MINUTES ROLL CALL M, M M CIE A¢WW w3caMU0o ~ ¢ in °0? ' �' May 8, 1995 INDEX Mo n X Substitute motion was made by Mayor Hedges to Ay X deny the subject two appeals in accordance with No X X X X X X staff's recommendation, which motion FAILED. All Ayes The original motion made by Mayor Pro Tern Debay was voted on and carried. The City Manager indicated that staff would report back within 45 to 60 days. 40. Report from City Manager recommending City Mgr /0-C approval of SPECIAL BANKRUPTCY COUNSEL Bankruptcy SERVICES - Agreement with Mitchell, Silberberg and investm Pool Knupp for joint representation with all other C -3048 Orange County cities in the ORANGE COUNTY (38) INVESTMENT POOL BANKRUPTCY. Motion x Council Member Edwards stated he was not All Ayes prepared to vote on this issue until additional information is known regarding the "whole scope of what this representation will be, the duration, and to what extent the City be participating," and therefore, moved to continue this Hem for report back • PUBLIC HEARING(S 42. Mayor Hedges opened the continued public CdM Undrgr hearing for UNDERGROUNDING UTILITIES IN BLOCK Utilities/ 133, CORONA DEL MAR, BOUNDED BY FERNLEAF Assessment AVENUE, SEAVIEW AVENUE, GOLDENROD AVENUE Dist 67 AND BAYVIEW DRIVE (Proposed Assessment District (89) No. 67). Report from Public Works Department. The Public Works Director stated that following the last public hearing on this issue on April 24, 1995, he did talk with the Legal Counsel and Assessment Engineer regarding concerns expressed at that meeting, but at this time, there are no recommended changes or modifications. He did note however, that since the last public hearing, the City has received two written withdrawals of protest which reduces the protest now to 42% based on land area. Carter Wurts, 2700 Ocean Boulevard, addressed the Council in" opposition to the proposed • Assessment District. He noted that in the Municipal Improvement Act of 1913, it states that those who gain the most benefit should pay the most cost; however, he does not think this is the case in this particular instance. He stated that the majority of the property owners within the District will all be paying the same tax, but not all will be receiving Volume 49 - Page 180 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, ¢ Q¢WW WXPX000 ¢ om °o? > w May B, 1995 INDEX the some view benefit. He felt that the 1913 Act is Assessment • out -of -date for the circumstances within this Dist 67 Assessment District, especially when the City has other Ordinances that state that views are very valuable and very important to this community, and therefore, urged the Council to not allow such an inequality. He also added that the two written withdrawals of protest are from property owners who have their homes for sale. John Steams, 2711 Seaview Avenue, addressed the Council in opposition to the proposed Assessment District, stating his lot is the smallest parcel in the block. He noted that three utility poles will be removed along his alley; however, one pole will still remain which is located only 10' from his home. Because this particular pole is on Seaview Avenue, it is his understanding it cannot be included in this Assessment District. He stated he will receive no benefits whatsoever from the undergrounding inasmuch as the pole nearest his home will not be removed and, therefore, strongly objects to paying the assessment of approximately $3,500.00. • Hearing no others wishing to address the Council, the public hearing was closed. Motion x Council Member O'Neil commented that he. is aware there is a feeling of unfairness as to how the assessments are being spread, but after meeting with the Bond Counsel and Assessment Engineer, he learned there is very little leeway and flexibility in the methodology of how these assessments are spread. Also, there has been a great deal of case law and litigation in interpreting the Municipal Improvement Act of 1913, and after studying this issue, he agrees there is little that can be done to change the numbers recommended by the Assessment Engineer and supported by the Bond Counsel. He stated in view of the 42% protest, and the amount of money the City has already invested in this proposed District, he felt it would be in the best interest of the City to proceed, and therefore, moved to adopt the following resolutions: Resolution No. 95 -47 APPROVING AGREEMENTS Res 95 -47 with the respective utility companies for the underground work, and authorizing execution of the contracts; Volume 49 - Page 181 CITY OF NEWPORT BEACH MINUTES ROLL CALL U11 ¢ Q¢HPLYooz waaxv�o '— ¢ N ' 0! ' J W Mays, 1995 INDEX • Resolution No. 95 -48 CONFIRMING ASSESSMENTS which takes final action Res 95 -48 regarding any protests, confirms the assessment, approves the final Engineer's Report and orders the works of improvements; and Resolution No. 95 -49 AUTHORIZING ISSUANCE Res 95 -49 OF BONDS AND APPROVING FORMS OF INDENTURE AND PURCHASE AGREEMENT which sets forth the terms and conditions for the sale of bonds and approves the Purchase Agreement submitted by the designated underwriter. Council Member Glover stated she supports underground utilities; however, in this particular instance, she is going to support the minority because "common sense tells her this does not seem fair" inasmuch as all those who are being assessed are not receiving a direct benefit. Ayes x x x x x x The motion was voted on and carried. Noes x Mayor Hedges referenced those opposing certain • provisions of the Municipal Improvement Act of 1913, and stated if they feel amendments to the Act are needed, letters should be transmitted to State legislators. 43. Mayor Hedges opened the public hearing Diamond Taxi regarding APPLICATION BY DIAMOND CAB Cab Co. COMPANY TO INCREASE TAXICABS. (27 ) Report from Revenue Manager /Finance Department. The City Manager stated there are currently seven taxicab companies authorized to operate a total of 164 vehicles in the City. All seven companies use these vehicles to service other Orange and Los Angeles County cities. Diamond Cab Company was issued a certificate of public convenience and necessity to operate three taxicabs in January 1994. The applicant has requested permission to add six Ford sedan vehicles to the vehicles authorized to operate in the City. Diamond Cab Company operates a total of seventeen vehicles in nine other cities. The six vehicles listed on their • application were inspected by the Police Department and meet applicable Municipal and California Vehicle Code requirements. Hearing no one wishing to address the Council, the public hearing was closed. Volume 49 - Page 182 ROLL CALL Mo A es 0 • CITY OF NEWPORT BEACH tri 3 W I- H-MMX0Z XQ }w ¢ (3 UU(D0 w� w May 8, 1995 X Motion was made by Council Member Cox concur with staff's recommendation to approve tl request of Diamond Cab Company to add six taxicab vehicles, bringing the total number taxicab vehicles they are authorized to operate the City to nine (9). 44. Mayor Hedges opened the public hearir regarding: A. General Plan Amendment No. 88 -2(E) - Request amend the Land Use Element of the General PI so as to redesignate the subject property frc "Retail Service Commercial" use "Governmental, Educational, and Institutior Facilities" use; and the acceptance of Environmental Document; AND B. local Coastal Proaram Amendment No. 36 Request to amend the Local Coastal Progrc Land Use Plan so as to redesignate the subje property from "Retail Service Commercial' use "Governmental, Educational, and Institutior Facilities" use; AND C. Proposed ORDINANCE NO. 95 -14, being, AN ORDINANCE OF THE CITY COUNCIL r THE CITY OF NEWPORT BEACH AMENDIF TITLE 20 OF THE NEWPORT BEACH MUNICIP CODE BY AMENDING PORTIONS DISTRICTING MAP NO. 4, SO AS RECLASSIFY THE EASTERLY 114 FEET OF LOT TRACT NO. 1117 AND LOTS 1197 -1200, TRA NO. 907, FROM THE RSC -H DISTRICT TO T GEIF [0.5/.75] DISTRICT (PLANNIt COMMISSION AMENDMENT NO. 818); AND D. Use Permit No. 3549 (Public Hearing) - Request allow the phased construction of a new chur facility including a 375 seat sanctuary, a srr chapel, a parish hall with related kitchr administrative offices, library and classrooms. T proposal also includes a use permit to allow t transfer of development rights to the church s from property located at the southwesterly con of 32nd Street and Lafayette Avenue and t approval of a use permit so as to allow a chur tower and eight foot cross to exceed 35 feet in Volume 49 - Page 183 MINUTES INDEX to ie 6) of in T to GPA88 -2(E) m (45) m to al m LCPA 36 m ct to al Ord 95 -14 Zoning )F (94) G AL )F 'O 6, :T iE IG PCA 818 to IU /P 3549 ::h all rn, ie ie le, ier ie :�h CITY OF NEWPORT BEACH MINUTES ROLL CALL em Q Q¢wwo w3g2000 t— ¢ W ' °? w May s, 1995 INDEX height; the approval of an off-site parking • arrangement; and the approval of a modification to the Zoning Code so as to allow four tandem parking spaces in the Phase 2 design of the off -site parking area; AND E. Variance No. 1204 - Request to allow the proposed Var 1204 development to exceed .5 times the site area on property with a .5/.75 variable Floor Area Ratio; AND F. Lot Line Adtusfinenf No. 95 -2 - Request to permit a Lot Line Adj lot line adjustment so as to combine five existing 95 -2 parcels of land into one parcel for church purposes, on property to be zoned GEIF [0.5/.751; Church Site: Lots 1197, 1198, 1199, and 1200, Tract 907 and a portion of Lot 6, Tract No.1117 located on the southwesterly comer of Via Udo and Via Malaga. Off-Site Parking Location: Lots 7-12,16-21, and portions of Loh 13 and 15, Block 530, Lancaster's Addition, located on the southwesterly comer of 32nd Street and Lafayette Avenue, In Central Newport for St. James Episcopal Church, Newport Beach. Report from Planning Department. The Planning Director stated this is a multi - permit project encompassing two sites for the phased redevelopment of St. James Church. The first three permits involve amendments to the General Plan, Local Coastal Program and Districting Map so as to place the sites in the Governmental, Educational and Institutional designation. The Use Permit is required for the construction of the 375 seat sanctuary, chapel and parish hall complex, as well as the transfer of development rights from the parking lot parcel to the church site, and the construction of the tower and cross in excess of the 35 foot height limit. The Variance is required to exceed the .5 FAR on the site which allows up to .75 times the buildable area of the site, and the Lot Line Adjustment is required to combine the five lots between Via Lido and Via Oporto into a single building site. The City Council previously approved • on March 27, 1995 an off -site shared parking arrangement involving the former Bank of Newport site and the City Hall parking lot whereby the Church has use of the City Hall lot on Saturdays, Sundays and municipal Holidays. The Planning Commission approved the subject applications on April 6, 1995, with five ayes, and two absent. Volume 49 - Page 184 ROLL CALL • Motion All Ayes • • CITY OF NEWPORT BEACH 0 MINUTES May 8, 1995 Bill Dunlap, 400 Snug Harbor Road, representing St. James Episcopal Church, addressed the Council jrs support of their request. He stated they have been working with City staff on this project for approximately six months, and their next step is to obtain Coastal Commission approval. It is their hope to commence the first phase of work in June. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made by Mayor Hedges to approve /adopt the following: Resolution No. 95 -50, approving General Plan Amendment No. 88-2 (E), amending the Land Use Element of the General Plan so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities" use. Resolution No. 95 -51, approving Amendment No. 36 to the Local Coastal Program Land Use Plan, so as to redesignate the easterly 114 feet of Lot 6, Tract No. 1117 from "Retail Service Commercial" use to "Governmental, Educational, and Institutional Facilities." INDEX Res 95 -50 Res 95 -51 Ordinance No. 95 -14 (Amendment No. 818), Ord 95 -14 amending a portion of Districting Map No. 4 so as to reclassify the subject properly from the RSC -H District to the GEIF [0.5/.75] District. Sustain the action of the Planning Commission I U/P 3549/ approving Use Permit No. 3549, Variance No. 1204 Variance 1204/ and Lot Line Adjustment No. 95-2. Lot Ln Adj 95 -2 PUBLIC COMMENTS Dan Dunham, 603 Jasmine Avenue, representing the Corona del Mar Chamber of Commerce, addressed the Council regarding Caltrans possible removal of certain crosswalks on Pacific Coast Highway in Corona del Mar. He stated that as a result of a recent meeting with representatives from Caltrans, and because of the letter the City sent to Caltrans on this issue, it is now his understanding there is a very good chance that the crosswalks at Iris and Orchid will remain, but that the crosswalk at Dahlia will be removed. The Chamber of Commerce and the merchants in the area are still seeking additional improvements to the area in terms of keeping all three crosswalks, and the thought of obtaining a signal at Iris near the Albertsons Market. He requested the Council continue their support of the Chamber's desires, and stated that at their recent Volume 49 - Page 185 RO CA 4 CITY OF NEWPORT BEACH MINUTES L L LL Q QQWwo L,� 3 ¢ M ' M U ' °z L9 W O May 8, 1995 INDEX meeting, the Chamber Board of Directors voted ' unanimously to continue their opposition to the removal by Caltrans of any of the crosswalks on Pacific Coast Highway as it is against the five -year plan the Chamber developed for the community, and not in the best interest of public safety. CURRENT BUSINESS 45. Memorandum from Assistant City Manager Off -Shore Oil concerning OFF -SHORE OIL MORATORIUM. (87 ) The City Manager noted that a moratorium on off- shore oil drilling for the past several years has routinely been approved by Congress on an annual basis. The annual extension apparently has not survived a committee hearing in the U.S. Congress. A flyer noticing a meeting of concerned local officials is scheduled for Thursday, May 11 in San Francisco, and it is recommended that the Council authorize a member of the staff or a Council Member to attend this meeting. In past years, the City has contributed funds to a coalition of local governments who hired a lobbyist to promote the continuance of the off -shore moratorium. That coalition has disbanded because of lack of funds and the expected continuation of the moratorium. The Assistant City Manager stated that Mayor Blackburn from Laguna Beach will be attending the meeting in San Francisco and intends to hold a briefing for all local officials upon her return. Council Member Watt indicated she would like to see the City stay "very involved" in this issue, but she herself could not attend the meeting because of another meeting with the Harbor and Beaches Committee. Council Member Edwards stated this is a major issue and could have a great impact on the City; he has been in contact with Congressman Cox's office as well as U.S. Senators Boxer and Feinstein, and felt that if the City cannot be represented in San Francisco, a letter should be sent outlining the City's position or someone should attend the ' meeting with Mayor Blackburn. Following discussion, Mayor Hedges indicated this issue warranted further discussion by the Legislative Committee. Mayor Hedges also authorized Council Member Cox to attend the meeting In San Francisco on Thursday, May 11, 1995. Volume 49 - Page 186 CITY OF NEWPORT BEACH MINUTES ROLL CALL LrJ M � Q W cl: 3C]2UC70 } ¢ W U W ' H W (allay e, 1995 INDEX 46. Report from Assistant City Manager concerning Planning SPECIALTY FOOD USES. i 68 j The Assistant City Manager noted that at the City Council meeting of March 27, 1995, Council Member Edwards requested a report on this subject, and as such, he discussed this issue with the Planning staff and has outlined in his report mechanisms by which such notification and appeal can be reinstituted. He also discussed the alternative the Council may either do Citywide or in a localized area as set forth in his report. Motion x Council Member Edwards stated that what was intended when he made this request, was not to revisit the Specialty Food Ordinance, but rather to allow landowners within 100 feet of an establishment that has been approved for a Specialty Food permit, be permitted one appeal and one appeal only, to the Modifications Committee. The sole criteria at the Modifications Committee for those landowners would be whether or not the Specialty Food permit meets the actual criteria. This would allow applicants to proceed without delay and would allow people to have some input in terms of whether or not the applicant actually meets the criteria for a Specialty Food permit. He, therefore, moved to direct staff to initiate actions to re- institute notification and appeal procedures in accordance with his comments. John Noyes, 221 Marine Avenue, Balboa Island, addressed the Council and expressed appreciation to Council Member Edwards for bringing up this item again. He stated they are currently going through a marketing plan, and one of the items they will be addressing is a business mix, and anything the City can do to "hold the line" on Specialty Food permits until they get through this process, it would very beneficial to Balboa Island. In response to questions raised by Council Member Glover, the City Attorney stated that Council Member Edwards' concept limits the jurisdiction of the Modifications Committee, specifically to considering whether the proposed Specialty Food use meets the criteria and there is substantial evidence to that effect. The proposed procedure would be City -wide and not site - specific. Volume 49 - Page 187 I 1 I I I I I 1 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, Q¢w.WOO? W3A=�0o � , um >0 w May 8, 1995 INDEX Council Member Glover stated she will not be Planning • supporting the original motion due to the time and effort that was put forth by the Planning Commission on this subject: she also questioned whether this minor change would really produce a different result. Council Member O'Neil stated he supports the original motion because he feels there is a need to have some form of due process even if it isn't as extensive as the normal appeal process. He also felt this proposal would give people an opportunity to be heard. He suggested that the notice be posted rather than mailed to each property owner and that the appeal be expedited by staff in order to meet the agenda deadline for the next Modifications Committee meeting. Council Member Watt indicated she felt this proposal was "part and parcel" as to what has been occurring on Balboa Island in their attempt to develop the criteria for its business mix. Ayes x x x The substitute motion was voted on and FAILED. Nce x x x x Prior to voting on the original motion made by Council Member Edwards, he requested that the notices regarding the issuance of a Specialty Food use be posted rather than mailed, and that all costs be bome by the appellant. All Ayes There being no further comments, the motion was voted on and carried. SUPPLEMENTAL AGENDA ITEM 47. BALBOA PENINSULA PLANNING ADVISORY COMMITTEE. Motion x Mayor Hedges made a motion to confirm All Ayes appointment of James E. Dobroff, Member At Large. • Volume 49 - Page 189 ROLL CALL 0 0 0 CITY OF NEWPORT BEACH MINUTES uy 3 g W F Q 3 g W g N � q W 2 X O U L > O J 0 J w Z May S, 1995 I Meeting adjourned at 9:40 p.m. O iiiii0itiiiiii0iiiii The agenda for this meeting was posted on May 3, 1995 of 3:15 p.m., and the supplemmenfal agenda was posted on May 5, 1995 of 2:20 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: 4iC lerk " �p J y�� ti cq <�t:oaN` i Volume 49 - Page 190 NDEX