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HomeMy WebLinkAbout08/14/1995 - Regular MeetingROLL CALL • Present Motion Ayes Abstained All Ayes Motion All Ayes • • CITY OF NEWPORT REGULAR COUNCIL MEETING BEACH MINUTES NDEX r LA"; l-vunc i ;-nam Uers W H TIME: 6:00 P.M. M F ¢ W 0 > W DATE: August 14, 1995 3 F M 17 X O Z LLJ U0o I CLOSED SESSION - 4:00 p.m. [Refer to separate agenda from City Attorney) CLOSED SESSION REPORT PRESENTED: None RECESSED AT 5:50 P.M. RECONVENED AT 6:00 P.M. for regular meeting x x x x x x x ROIL CALL x Reading of Minutes was waived, approved as written, and ordered Filed: x x x x x x Regular Meeting of July 10, 1995. x Adjourned Study Session of July 24, 1995. 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 presented CERTIFICATES OF APPRECIATION to former members of: Board of Library Trustees John Nicoll and Nancy Jones; Arts Commissioners Phyllis Drayton and Shelli Stewart; and Parks, Beaches and Recreation Commissioner Taylor Grant, for their service to the City. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Council Member Watt requested status reports on the following: 1. Irvine Ranch Water District Demonstration Project (August 28 agenda). 2. Upper' Newport Bay Dredging Project (September 11 agenda). 3. Groundwater Well Site Project (September 25 agenda). Volume 49 - Page 333 NDEX CITY OF NEWPORT BEACH MTN[TTF.q ROLL CALL Cr Q¢WW0J? W ~ 3 Cr L7 c� 2 C� > C7 W 0 August 14, 1995 INDEX CONSENT CALENDAR tc X The following items were approved, except for those items �1 es removed: ORDINANCE(S) FOR INTRODUCTION Schedule for public hearing on August 28,1995: 1. Proposed ORDINANCE NO. 95 -31, Ord 95 -31 Zoning AMENDING TITLE 20 OF THE NEWPORT BEACH (94) MUNICIPAL CODE TO ADD "NAIL SALONS" TO THE TABLE OF PERMITTED USES IN THE RSC, APF AND RMC DISTRICTS, AS WELL AS VARIOUS SPECIFIC AREA PLANS; TO DELETE THE USE PERMIT REQUIREMENT FOR "NAIL SALONS" WITHIN VARIOUS SPECIFIC AREA PLANS; AND TO ADD SPECIFIC PARKING REQUIREMENTS FOR RETAIL AND SERVICE ESTABLISHMENTS TO THE HARBOR VIEW HILLS PLANNED COMMUNITY DISTRICT (PLANNING COMMISSION AMENDMENT NO. PCA 826 826). [Report from Planning Department] 2. Proposed ORDINANCE NO. 95 -32, Ord 95 -32 Zoning AMENDING PORTIONS OF TITLE 20 OF THE (94) ® NEWPORT BEACH MUNICIPAL CODE, TO REZONE NEWPORT CENTER BLOCK 500 FROM THE APF -H AND THE OS DISTRICTS TO THE P -C (PLANNED COMMUNITY) DISTRICT; ADOPTION OF PLANNED COMMUNITY DISTRICT REGULATIONS; AND AMENDMENT TO DISTRICTING MAPS NO. 49 AND 50. (PLANNING COMMISSION AMENDMENT NO. PCA 827 827). [Report from Planning Department] Pass to second reading on August 28, 1995: 3. Proposed ORDINANCE NO. 95- 33, Ord 95 -33 Building AMENDING SECTION 15.32.015 OF THE NEWPORT (26 ) BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS FOR UNDERGROUND UTILITIES. [Report from Public Works and Building Departments] 4. Removed from the Consent Calendar 5. Proposed ORDINANCE NO. 95 -35, Ord 95 -35 GS /Civil • AMENDING CHAPTER 6.04, SECTIONS 6.04.080 AND 6.04.240 OF THE NEWPORT BEACH Penalties (44) MUNICIPAL CODE PERTAINING TO CIVIL PENALTIES. [Report from Assistant City Attomey] Volume 49 - Page 334 CITY OF NEWPORT BEACH MINUTES ROLL CALL Vi Q i,i ¢ 3 W M= N w o 0 � 0 J ? 0 August 14, 1995 INDEX 6. Proposed ORDINANCE NO. 95 -36, Ord 95 -36 • Building /Floor AMENDING SECTIONS 15.50.070 AND 15.50.220 Ins. OF THE NEWPORT BEACH MUNICIPAL CODE TO (26) MAKE CONSTRUCTION WITHIN THE FLOOD PLAIN CONSISTENT WITH THE MINIMUM REQUIREMENTS OF THE NATIONAL FLOOD INSURANCE PROGRAM. [Report from Building Director] 7. Proposed ORDINANCE NO. 95.37, Ord 95 -37 Hearing Ofcr ADDING SECTION 1.08.055 OF THE NEWPORT (53) BEACH MUNICIPAL CODE PERTAINING TO DESIGNATION OF HEARING OFFICER. [Report from City Attorney] RESOLUTION($) FOR ADOPTGON 8. Resolution No. 95 -90, ordering the summary Cannery Vlg/ VACATION AND ABANDONMENT OF A PORTION OF A McFadden Sq PUBLIC UTILITY EASEMENT LOCATED IN LOT 6 OF TRACT SAP /Vac /Aband NO. 1117 ADJACENT TO 32ND STREET NORTHERLY OF utility Easm VIA OPORTO, LOCATED IN THE CANNERY Res 95 -90 VILLAGE /MCFADDEN SQUARE SPECIFIC PLAN; and (90 ) direct the City Clerk to have the resolution recorded • by the County Recorder. (Report from Public Works Department] 9. Resolution No. 95 -91, requiring all traffic entering Stop /Villa Wal the intersection of VILLA WAY AND 31ST STREET TO & 31st St STOP. [Memorandum from Public Works Res 95 -91 Department/Traffic Engineering] (85) 10. Resolution No. 95 -92, requesting a grant in the Marine /Pump- amount of $3,094 from the STATE BOATING AND out Fac WATERWAYS TO REBUILD AN EXISTING PUMPOUT Res 95 -92 FACILITY WITHIN THE CITY OF NEWPORT BEACH. (51) [Report from Fire and Marine Department] 11. Removed from the Consent Calendar. CONTRACT(S) AND AGREEMENTS) 12. Removed from the Consent Calendar. 13. FEDERAL COOPERATIVE BEACH EROSION CONTROL Federal Coop PROJECT, STAGE 10 (CONTRACT NO. 3049) - Beach Erosn Approve an amended Agreement between the Cntrl Prj City and the County of Orange providing for City C -3049 participation in Stage 10 of the Federal (38 ) ® Cooperative Beach Erosion Control Project. [Report from Public Works Department] Volume A19 - Page 335 CITY OF NEWPORT BEACH MINUTES ROLL CALL v� QCcLjWO W XM=000 r Cr w w > °Z ~ w August 14, 1995 INDEX 14. SOUND WALL CONSTRUCTION FOR SEGMENT 1 OF MacArthur Bl MACARTHUR BOULEVARD WIDENING PROJECT Wdng Prj /Snd (CONTRACT NO. 2825 -D) - Accept the bids Wall Cnstr /S #: received and declare the intent to award C- 2825 -D Contract No. 2825(D) to the low bidder, All Pro (38) Masonry for the total price of $326,250.00. [Report from Public Works Department] 15. SOUND WALL AGREEMENTS FOR SEGMENT 1 MacArthur Ell CONSTRUCTION OF THE MACARTHUR BOULEVARD Wdng Prj /Snd WIDENING PROJECT (CONTRACT NO. 2825) - Wall Agms /S #1 Approve eleven [il) separate Sound Wall C -2825 Agreements with owners of property affected by (38.) Segment 1 construction. [Report from Public Works Department] 16. Removed from the Consent Calendar. 17. AMENDMENT NO. 2 TO LEASE AGREEMENT Lincoln /Npt- (CONTRACT NO. 2528) LINCOLN Mesa Unifd SCHOOL/NEWPORT.-MESA UNIFIED SCHOOL DISTRICT School Dist - Policy designating a Tobacco Free Environment. Amd C -2528 [Report from Community Services Director] (3 8 ) 18. GREEN ACRES RECLAIMED WATER PROJECT "END- Green Acres USER" AGREEMENT FOR BIG CANYON - Approve "End- User" Agreement. [Report from Public Works Prj /End -User Agms /Big Cnyn and Utilities Department] C -3055 (38) 19. Removed from the Consent Calendar. 20. Removed from the Consent Calendar. 21. Removed from the Consent Calendar. 22. CLAIMS - For Denial by the City Manager: (3 6 ) Martha Benvenuti, alleging water main was broken by Griffith Company causing damage to plumbing at 474 E. 17th Street, Costa Mesa, on May 1, 1995. Bo Calabrese, alleging he was physically abused by City Police Officer, wrongfully arrested, etc., on February 17. 1995 on Linda Isle; seeking damages totalling $336,000. John Cadenhead, alleging he was intentionally assaulted while in custody by Police Officer with • knife on June 16, 1995, thereby receiving contusion and laceration, etc. Barry Danielsen, alleging his vehicle struck hole in the street on May 16, 1995 on MacArthur Boulevard, causing damage to right front tire, rim. etc. Volume 49 - Page 336 CITY OF NEWPORT BEACH MINUTES ROLL CALL A Q¢WwoJZ W 3MMUC70 Q (9 � w August 14, 1995 INDEX Shawn Hawthorne, alleging wrongful death of Byran Hawthorne caused by dangerous design • and maintenance of above intersection of Irvine Avenue and Westcliff Drive on Febnjary 10, 1995; seeking damages in the amount of $10.000,000. Matthew Kot, alleging damage to parked vehicle as a result of tree falling onto automobile between Iris and 3rd Streets on July 26, 1995. Ken Kvammen, alleging bike damage as a result of hitting pipe which was protruding up from roadway behind Newport Dunes as it enters Back Bay Drive on July 9, 1995; seeking damages of $250 for repair of bike. John and Sandra Miller, alleging ongoing problem over years regarding large City tree uplifting, splitting driveway and sidewalk at 5105 River Avenue. Kevin 1. Palmer, alleging City Police Officers damaged his vehicle looking for drugs at Harbor Municipal Court on July 7, 1995; seeking damages of $9,311.43. • Jamie Polidore, alleging property damage and personal injuries as a result of City Animal Control employee who was exiting the parking lot of the Harbor Municipal Court on February 15, 1995, striking him on the passenger side. Josephine Refchel, application to present late claim. alleging personal injuries, loss of earnings, etc., as a result of fall on curb ramp on s/s main driveway entrance to Edwards Big Newport on July 22, 1994. Franklin E. Sides, alleging City pickup hit and damaged metal post on property at 106 26th Street; seeking reimbursement of $147. Stacy Upton, alleging head injuries as a result of trip and fall on sidewalk on Iris Street on April 30, 1995, which was under construction and not properly marked. Erika Wilson alleging Police vehicle backed into her car on July 10. 1995, on Hoag Hospital property • causing extensive damage. For refection /late claim of: Adrian F. Herr, alleging physical abuse by City Police Department on Balboa Peninsula on July 4, 1992; seeking reimbursement of hospital bills. Volume, 49 - Page 337 CITY OF NEWPORT BEACH MTNTTTF.q ROLL CALL ¢ M w3Qi°0o (rWWXOZ ¢ W c9 K > J w August 14, 1995 INDEX 23. AGENDA FOR AUGUST 10, 1995 /ACTIONS BY THE (68 ) • PLANNING COMMISSION. 24. POLICE FACILITY SHOOTING RANGE MODIFICATION Police Fac/ (CONTRACT NO. 2980) - Accept the work; and Shooting Rng authorize the City Clerk to file a Notice of C -2980 Completion and release the bonds 35 days after (3 8 ) the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 25. Removed from the Consent Calendar. 26. RESUBDIVISION NO. 1003 - Accept the offer of Resub 1003 dedication of Vehicular Access Rights to East (8 4 ) Coast Highway except at approved access locations for Lots 2, 3 and A of Tract No. 5361; Parcel 4 of Parcel Map No. 93 -111 (Resubdivision No. 995); a portion of Block 54, Irvine's Subdivision; and Sections 26 and 27, Township 6 South, Range 10 West, San Bernardino Meridian, located at 201- 299 East Coast Highway, on the southerly side of East Coast Highway between the Bay Bridge and Bayside Drive, adjacent to Linda Isle. [Report from Public Works Department] 27. RESUBDIVISION NO. 1007 - Approve a subdivision Resub 1007 agreement guaranteeing completion of the public (8 4 ) improvements required with Resubdivision No. 1007 for portion of Lot 171, Block 54 of Irvine's Subdivision, more particularly described as 2888 Bayshore Drive. [Report from Public Works Department] 28. TRACT NO. 14839 - Parcel 1 of Parcel Map 10/20 Tract 14839 (Resubdivision No. 23 and 240), located at 1001- 1147 Granville Drive, on the westerly comer of Newport Center Drive and Granville Drive, in Newport Center: 1)Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 14839; 2)Authorize the City Clerk to release the faithful performance surety; (cash deposit in the amount of $9,000.00 was deposited into Account No. 010 -2202 on June 17, 1994 and the deposit should be returned to GV- Newport Center, LP at 270 Newport Center Drive, Suite 100, Newport Beach, CA 92660); and 3)Authorize the City Clerk to release the labor and material surety • (cash deposit in the amount of $9,000.00 was deposited into Account No. 010 -2202 on June 17, 1994 and the deposit should be returned to GV- Newport Center, LP at 270 Newport Center Drive, Suite 100, Newport Beach, CA 92660) in six months provided no claims have been filed. [Report from Public Works Department] Volume 49 - Page 338 CITY OF NEWPORT BEACH MINUTES ROLL CALL Lfi ¢ Q¢Wwo LJXM ¢ N 0 U � > °Z U J w 0 August 14, 1995 INDEX 29. QUITCLAIM DEEDS FROM SIGNAL LANDMARK IN THE Signal /Land- NEWPORT SHORES DEVELOPMENT IN CONJUNCTION mark /Npt Shrs WITH THE ISSUANCE OF A CERTIFICATE OF Clubhouse COMPLIANCE FOR THE CLUBHOUSE PARCEL - (74) 1)Accept the Quitclaim Deed dedicating a 20 -foot strip of land known as Assessor's Parcel 114- 661 -10, more particularly known as Canal Street; authorize the City Manager to execute the Acceptance Certificate; and authorize and direct the City Clerk to have the Quitclaim Deed recorded with the Orange County Recorder, 2)Accept the Quitclaim Deed dedicating a corner cut -off over the southwesterly corner of Assessor's Parcel 114- 661 -09, known as Canal Circle from Signal Landmark; authorize the City Manager to execute the Acceptance Certificate; and authorize and direct the City Clerk to have the Quitclaim Deed recorded with the Orange County Recorder, 3)Accept the Quitclaim Deed dedicating land known as Assessor's Parcel No. 114- 661 -08, being a portion of the Santa Ana River bed, lying and being contiguous to Tract No. 4601 as per map recorded in Book 175, Pages 26 and 27 of Miscellaneous Maps, for public access and waterway purposes Pursuant to Section 66477.2 of the Subdivision Map Act; authorize the City . Manager to execute the Acceptance Certificate; and authorize and direct the City Clerk to have the Quitclaim Deed recorded with the Orange County Recorder. [Report from Public Works Department] 30. PUBLIC WORKS REORGANIZATION PLAN - 1)Approve PW the establishment of five new classifications: (7 4) ' Utilities Services Manager, Engineering Services Manager, Development Services Manager, Construction Engineer, and Administrative Manager; 2)Autho(ze filling the Development Services Manager position through an in -house recruitment; 3)Authorize filling the Utilities and Engineering Services Manager positions through open recruitment; 4)Authorize the upgrade of Associate Civil Engineer - Utilities to Utilities Design Engineer; 5)Authorize the reclassification of Field Engineer to Construction Engineer, 6)Authodze the reclassification of Public Works Management Analyst to Administrative Manager. (Report from Public Works Department] 31. OCEAN FRONT STREET END IMPROVEMENTS Ocean Front (CONTRACT NO. 3001) - Affirm the Notice of St End Imprvn • Exemptions for the Ocean Front Street End C -3001 Construction Improvements; approve the plans (38) and specifications; and authorize the Staff to advertise for bids. [Report from Public Works Department] 32. Removed from the Consent Calendar. Volume 49 - Page 339 CITY OF NEWPORT BEACH 15180142vow ROLL CALL QrCE armgxoz M W 3gC70 :K } w M U w >w ,9 N August 14, 1995 INDEX 33. ANNUAL NARCOTICS ASSET FORFEITURE REPORT - PD • [Report from Chief of Police] (70 ) 34. STATUS REPORT OF FIRE AND MARINE MERGER - (41) Review and approval for policy direction. [Report from Fire and Marine Chief] 35. ARTS AND CULTURAL GRANTS /1995 -1996 - Approve (24) recommendations for Arts and Cultural Grants 1995 -1996. [Report from Arts Commission] 36. CONFERENCE CENTER FEASIBILITY STUDY UPDATE - (68) Receive and file report . [Report from Planning and Building Department] 37. OLD NEWPORT BOULEVARD SPECIFIC AREA PLAN AD (24) HOC COMMITTEE - Receive and file subject report of May 16 and June 18, 1995. [Report from Planning Department] 38. HARBOR PERMIT APPLICATION NO. 175 -112 - Harbor Pemit Approve, subject to conditions in the staff report, Apl #175 -112 request by Floyd Schenk to revise the residential (51) pier and float bayward of 112 Via Lido Nord. [Report from Fire and Marine Department] ® 39. MARINAPARK MOBILE HOME TRANSFER - Approve (73) transfer of Space 12 -E to Henry and Debbie Casden. [Report from Assistant City Manager] 40. MAIN STREET IMPROVEMENTS (CONTRACT NO. 3060) Main St Imprn - Approve plans and Specifications, and authorize C -3060 staff to advertise for bids. [Report from Public (3 8) . Works Department] 41. Removed from the Consent Calendar. 42. BUDGET AMENDMENTS (40) BA -002 - Removed from the Consent Calendar. BA -003, $2,000 - To provide for purchase of seven new surfboards for use in sung instruction from account designated for this purpose; COMMUNITY SERVICES - RECREATION. BA -004, $ 6,000 - Approve an appropriation of $6,000 from Account No. 010 -3766 Off Street Parking Reserve to Account No. 7014 - 05100261 Balboa Parking Lot Project; PALM STREET PARKING LOT (CONTRACT NO. 3044). [Memorandum from Public Works Department] BA -005 - Removed from the Consent Calendar. Volume 49 - Page 340 CITY OF NEWPORT BEACH MINUTES ROLL CALL U, M Of 3 Q F -WgXOZ a } Q u` `'' = c°» w ~ o August 14, 1995 INDEX • ITEMS REMOVED FROM THE CONSENT CALENDAR 4. Proposed ORDINANCE NO. 95 -34, Ord 95 -34 Planning /Code AMENDING SECTION 1.12.020 OF THE NEWPORT Enfrcm BEACH MUNICIPAL CODE AMENDING THE CODE (53) ENFORCEMENT AUTHORITY OF THE CODE ENFORCEMENT SUPERVISOR AND THE SENIOR CODE ENFORCEMENT OFFICER. [Report from Planning Department] Mayor Pro Tern Debay asked the City Attorney if the proposed Ordinance and recommended action would limit the enforcement personnel to only the City's two Code Enforcement Officers. The City Attorney stated it was his understanding that the action being recommended is only eliminating the duties of the former Municipal Compliance Officer as referenced in the Municipal Code, and adding in its place, the existing titles of Code Enforcement Supervisor and Senior Code Enforcement Officer. 40 x In view of the foregoing, motion was made by Mayor Pro Tern Debay to introduce Ordinance No. 95.34 and pass to second reading on August 28, 1995. Council Member Edwards questioned if the City has the ability to enforce the Code as a result of the above change, to which Mr. Delino stated the City has two Code Enforcement Officers, and it is his intent over time to have them enforce provisions of the Code other than just Title 20. All Ayes The motion was voted on and carried. 11. Report from General Services Director regarding GS /Countywide proposed resolution adopting the COUNTYWIDE Integ Waste INTEGRATED WASTE MANAGEMENT PLAN. Mgm Pln (44 ) Madelene Arakelian, South Coast Refuse, addressed the Council and asked the purpose of the proposed action, indicating she felt some of the reporting requirements could be redundant. Inasmuch as the General Services Director had left • the Council Chambers momentarily, this issue was deferred to the end of the items removed from the Consent Calendar. Volume 49 - Page 341 CITY OF NEWPORT BEACH 1MR-SIONIUMM ROLL CALL p M gXmmuuo W CELjW 3g2UC.70 ¢ In U 0OZ � w August ta, 1995 INDEX Dolores Citing, 5 -Star Rubbish, addressed the Council and stated it was her understanding that • this item should have been a public hearing and not placed on the Consent Calendar. She also suggested a copy of the Integrated Waste Management Plan be available at the Central Library. Yvonne Houssels, President, Harbor View Hills South Homeowners Association, addressed the Council and asked if the subject Plan had anything to do with Automated Refuse Collection, to which the Mayor replied in the negative. The Mayor noted that the Integrated Waste Management Plan is a compilation of the Source Reduction and Recycling Element, Household Hazardous Waste Element, and a Non - Disposal Facility Element from each city in the County as required by AB 939. 12. Report from Public Works Department regarding Diego Crk No. DEVELOPMENT OF SAN DIEGO CREEK NORTH prop /FJones PROPERTY (CONTRACT NO. 3026) - Recommending C -3026 approval of Amendment No. 1 to the (38 ) Memorandum of Understanding between the City of Newport Beach and FLETCHER JONES MOTORCARS. Dolores Otting, 17 Hillsborough Drive, addressed the Council and asked if the total cost for this project had been established as yet, to which Mr. Delino indicated a report will be coming to the Planning Commission on August 24 which will be available to the public. Motion x In view of the foregoing, motion was made by All Ayes Mayor Pro Tern Debay to approve the staff's recommendation. 16. Report from Public Works Department SJoaauin Hill; recommending approval of the SAN JOAQUIN Trnsp Crdr HILLS TRANSPORTATION CORRIDOR (SJHTC) - MAJOR (SJHTC) Mjr THOROUGHFARE AGREEMENT with the Thoroughfare Transportation Corridor Agency. Agm C- 2548(38 Yvonne Houssels, President, Harbor View Hills South Homeowners Association, addressed the Council and asked for clarification of the proposed action. In response to the above, the Public Works Director stated that the subject agreement is a document • which will ultimately be an agreement between the City and Caltrans. This is an action that each agency along the Corridor must execute, and it pertains to the roads that are both crossed over, gone under, or connect to the Corridor within their corporate boundaries. This agreement covers the portion that is near Bristol and Jamboree. Volume 49 - Page 342 CITY OF NEWPORT BEACH MINUTES ROLL CALL L5 X w3A=UUo H } M LO w g X 11� w O ~ Z August 14, 1995 INDEX • The City Attorney noted that the California Supreme Court has ruled that this particular Corridor is a matter of State wide concern, and therefore, the City's Charter provisions requiring voter approval for freeway agreements are not effective. In response to question raised by Roya Fouladi, resident, the Public Works Director reiterated that the only portion of the Corridor that is in the physical boundaries of the City of Newport Beach is in the vicinity of Jamboree Road and Bristol Street. Motion x Hearing no further remarks, motion was made by All Ayes Mayor Pro Tern Debay to approve staff's recommendation. 19. Report from Public Works and Utilities Department Green Acres regarding ORANGE COUNTY WATER DISTRICT, the Prj (Bonita GREEN ACRES PROJECT BONITA CREEK PARK Crk Park) IRRIGATION IMPROVEMENTS (CONTRACT NO. 3055) - C -3055 Recommending the City Council find that the lowest (3 8 ) bidder, Accurate Landscape & Maintenance Corporation, can meet the requirements for completing the proposed contract work and • declare them the "low bidder," and award subject contract in the amount of $53,824.29. Mayor Pro Tern Debay referenced a comment in the staff report which states: "Because of the bankruptcy and OCWD's staff limitations, the formal agreement authorizing these expenditures has not been executed. In the interim, City funds will be expended for the retrofitting." She questioned if there was a hurry to proceed with this contract or could the City wait until authorization is given by OCWD. Michael J. Sinacori, Acting Utilities Manager, advised that the Council could defer action on this item; however, the staff was hopeful of completing the work at this time so as to not impact park use and have it completed by September. He stated that the District has agreed to fund a portion of the improvements in the amount of $25,000; however, a formal agreement will not be ready until sometime in October. If the Council does not award the contract at this time, the City would lose the low bid of $53,824.29 (the Engineer's estimate was • $82,000.00). Motion x Following discussion, motion was made by Mayor Pro All Ayes Tern Debay to approve staff's recommendation, contingent upon the City receiving a letter of Intent from the OCWD to fund a portion of this project. Volume 49 - Page 343 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ui ¢ ¢ 3 �' w Hcl:0 ~L'gxoZ ¢L'�'OJ` 3g2(..)C70 } w w >w ~ August 14, 1995 INDEX 20. Report from Public Works and Utilities Department Groundwater • recommending approval of GROUNDWATER Dev Prj /Rch #3 DEVELOPMENT PROJECT/TALBERT FLOOD CONTROL C- 3004 -L PANEL CHANNEL (D••02) REACH NO. 3 PIPELINE - (38) Revised Easement Deed and Pipeline Easement Agreement. In response to inquiry of Council Member Edwards regarding whether or not there would be an expenditure of funds for this item immediately, the Public Works Director replied in the affirmative stating the Board of Supervisors approved this Agreement on August 1, 1995 and that the City would be acquiring the 15 foot wide easement providing it is approved by the Council as set forth in his report. The Public Works Director noted that the contractor for this project is ready to proceed and they are hopeful to complete the work by mid - October. Dolores Otting, 17 Hillsborough Drive, addressed the Council and urged this item be postponed for at least six weeks. She also indicated that there were questions and concerns in the EIR for the Groundwater Project by the City of Fountain Valley • that were not addressed. Mayor Pro Tern Debay referenced the investigation being done by the City of Fountain Valley, and advised that it has to do with the amount of increased energy it takes for them to pump their water. They are in the process of developing a fee that will be charged annually to Newport Beach and this is the reason for the investigation. Michael J. Sinacori, Acting Utilities Manager, stated that if this project is delayed, the City would have to pay the contractor (C.K. Construction) who was awarded this project sometime ago to get out of the contract. He noted that a pre - construction meeting was held with the contractor on Friday and they are waiting to proceed. Motion x Following discussion, Council Member Cox stated he Ayes x x x x x felt a delay would only cost the City money, and Noes x x therefore, moved to approve the staff's recommendation. • 21. PERSONNEL VACANCIES - Report from (66 ) Administrative Services Director. Council Member Glover referenced the request from the Public Works /Utilities Department to fill certain vacancies as a result of their reorganization, and discussed her concerns. Volume 49 - Page 344 CITY OF NEWPORT BEACH MTNTTTF:'.R ROLL CALL � AMWQ W 3Q Q LLI =U00 °J? � w August 14, 1995 INDEX The Public Works Director advised that there are Personnel • currently four vacancies between the Engineering Vacancies and Utilities Divisions; the 1995 -96 Budget provides for 73 positions between the two different divisions and no new positions will be added that are not already provided for in the Budget; however, a number of positions are being reclassified as a result of the reorganization; if all four positions were filled at this time, the department salary allocation would be between $6.000 and $9,000 higher than what is in the Budget. Council Member Glover indicated it was her understanding that once the reorganization plan was in place, the City was going to be "money - ahead," but it now appears additional funding is needed which concerns her very much. Discussion ensued regarding the reorganization plan, wherein the Public Works Director noted that the three proposed management positions will be five percent (5 %) above the principal civil engineering level and that the Utilities Director and Deputy Utilities Director positions will be eliminated • which were considerably higher in salary. In view of the comments made by the Public Works Director, Council Member Glover indicated she will not support the requests as recommended. Mayor Pro Tern Debay pointed out that when Ben Nolan retired, Mr. Webb took on two jobs because his position was not replaced. Just recently one of his principal engineers, Steve Badum, left to become the Public Works Director for Seal Beach, and the Utilities Director, Jeff Staneart, recently resigned to go to IRWD. In essence, Mr. Webb has taken on at least three positions. She stated she is prepared to vote on this matter tonight so that he can proceed with the recommended plan. Motion x Following consideration, motion was made by Council Member Watt to approve the requested positions as outlined In the subject report. Mayor Hedges indicated he would like Mr. Webb to "sharpen his pencil" to see if further salary reductions can be made in the four requested • positions, and report back in two weeks. Council Member O'Neil stated he is in support of the motion on the floor, with the understanding the Public Works Director will strive to continue to look at his organization internally in an attempt to try to "fine -tune it" where possible. Ayes x x x x x x The motion was voted on and carried. Noes x Volume 49 - Page 345 CITY OF NEWPORT BEACH MINUTES ROLL CALL L0 Q��0 Q¢WWO W Xmmuuo } W w >w °? ~ August 14, 1995 INDEX 25. Report from Public Works Department Bayfront St • recommending approval of BAYFRONT STREET END End Encrchms/ ENCROACHMENTS IN WEST NEWPORT BAY WNpt Bay Chnl CHANNELS - 1)That structural encroachments be (74) prohibited in street ends adjacent to the West Newport Bay Channels; 2)That the Public Works Department notify the property owners with structural encroachments into the Boyfront street ends to Newport Channel to remove the encroachments within 90 days; 3)Deny the appeal of Ann Santos, 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 )EP -94- 180); and 4) Deny the 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. Ann Santos, representing her Mother who resides at 3912 River Avenue, addressed the Council regarding her appeal to retain the stucco wall that encroaches 5' into the 40th Street right -of -way constructed with the recent redevelopment of the • property. She stated she does not disagree that the wall encroaches into the public sidewalk; however, the street ends in her area are so heavily planted it is impossible to get down to the Bay, with the exception of her Mother's lot which is four to five times larger than any other street end in the area, and which is completely open with nothing planted on it. She stated that the public is very aware that they have access to the Bay from that street end, which is not the case in many of the other street end locations in the area. Motion x Mayor Pro Tern Debay indicated this has been a All Ayes very difficult issue to deal with, that Ms. Santos has made some good points, and that possibly the City ought to do some trimming in the street ends in her area. She stated that inasmuch as this encroachment is not in compliance with Council Policy, and because it could set a precedent, she would move to approve the four recommendations as set forth in the staff report. 32. Report from Assistant City Manager regarding (6 8 ) • VACANT BUILDING REPORT. Volume 49 - Page 346 CITY OF NEWPORT BEACH MTNUTFIR ROLL CALL cn Cr Q¢WW°Jz W H MM } a: w 0 =UU0 `�' > -J W — — — August 14, 1995 INDEX Mon x Council Member Glover stated that she had Vacant Bldg requested staff report back on regulations that Report could be imposed on property owners of commercial vacant parcels which would address landscaping, broken glass, etc., and noted that many of the unsightly properties are owned by banks. She stated that at the time she brought this up, Mayor Pro Tern Debay requested the staff report also include vacant lots, and therefore, she made a motion to direct staff to formulate an ordinance creating standards for vacant, unoccupied or abandoned buildings and lots. Mr. Delino noted that with the exception of broken glass, the City already has regulations on the books to enforce what has been expressed. He also stated it is very difficult to find someone who will take responsibility when dealing with bank -owned properties. Council Member Glover stated it was her assumption that no regulations were on the books because nothing has ever been enforced in this regard. • Mr. Delino stated this is one of the duties and responsibilities he would hope the Business Improvement Districts would also undertake as an alternative to enforcement. Council Member Edwards pointed out that the City may have the necessary ordinances as referenced by Mr. Delino, but there are only two Code Enforcement Officers to handle the enforcement of same. The City Attorney noted that last year, the City Council adopted property maintenance amendments to the Public Nuisance Abatement Ordinance which are suitable for enforcement of the problems referenced by Council Member Glover and Mayor Pro Tern Debay, with the exception of the broken glass issue. Following discussion, Council Member Glover changed her motion to direct the staff to review the existing regulations relative to enforcement of the above - mentioned items, and If deemed appropriate, to bring back an amendment to the • Public Nuisance Abatement Ordinance on August 28, 1995. Mayor Hedges requested that staff also investigate the unsightly area in front of the Stag Liquor Store, 125 McFadden Place. All Ayes The motion was voted on and carried. Volume 49 - Page 347 CITY OF NEWPORT BEACH MINUTES ROLL CALL cn O 31~ W --Mim Cr } Q W UU W 0Z L99 ~ 0 August 14, 1995 INDEX • 41. Report from Public Works Department regarding NEWPORT COAST DRIVE - Recommending support PW /Npt Coast Drive Extnsn for the extension of Newport Coast Drive and the (7 4 ) position that Newport Beach will not participate in the lawsuit challenging the tolls on the westerly end of the transportation corridor, and authorize the Mayor to send a letter to the City of Irvine expressing the City's position concerning Newport Coast Drive extension. Council Member O'Neil outlined the history connected with this particular issue noting, in part, that this came up earlier in the year when the City of Irvine amended their General Plan to include the extension of Newport Coast Drive in their Circulation Element which made the City of Irvine General Plan consistent with the County of Orange Master Plan of Arterial Highways. The County is processing a design for the extension of this roadway and he understands that half of the funding is available for construction of the roadway and the remaining one -half will hopefully be forthcoming so that this extension will be operational on or about the time the toll road opens in the Spring of 1997. At the July 11, 1995 • Irvine City Council meeting, there was an action to reconsider the inclusion of the extension of Newport Coast Drive in their General Plan and there was some testimony given by someone who clouded the issue as to whether or not the City of Newport Beach City Council was in favor of this extension. Thereafter, he and Mayor Pro Tern Debay met with two members of the Irvine City Council on July 21 to review this issue and to assure the Irvine City Council of the fact that Newport Beach City Council is very much in favor of the extension, not only because it creates a toll booth around Newport Coast Drive, but that it fulfills the regional circulation system for that area. They were told at that meeting that they would appreciate receiving a letter from the City of Newport Beach clarifying its position, and as a result, a letter has been drafted for Council approval which is included with the staff report supporting the roadway extension. Motion x In view of the foregoing remarks, motion was made by Council Member O'Neil to support the extension of Newport Coast Drive, and the position that • Newport Beach will not participate in the lawsuit challenging the tolls on the westerly end of the transportation corridor, and to authorize the Mayor to send a letter to the City of Irvine expressing the City's position concerning the Newport Coast Drive extension. Volume 49 - Page 348 ROLL CALL • • CJ CITY OF NEWPORT BEACH MINUTES 3 M wXMXUL90 F HM[]X0Z Q Q W W O j J, r j August 14, 1995 INE Council Member Watt suggested a revision to the Npt Coas subject letter which the City Attorney read into the Extnsn record as follows: (Second sentence, next to last paragraph) - "While a majority of Newport Beach Council Members oppose the imposition of a toll at Newport Coast Drive, the City Council has declined to participate in the lawsuit after reviewing an analysis provided by the City Attorney." There were no objections to changing the letter as stated in the foregoing. Yvonne Houssels, President, Harbor View Hills South Homeowners Association, addressed the Council regarding the bypass the City Council is supporting. She stated their association does not feel the bypass is really viable, and that there should be a parallel bypass. She stated the bypass directly impacts residents in her homeowners association who reside on San Joaquin Hills Road and on Marguerite Avenue as well as property owners in the Spyglass Hill Homeowners Association. She also referenced an article in the Orange County Register which stated that San Joaquin Hills Road will serve as a new bypass to Newport Coast Drive when the toll road opens. She stated she feels "very deceived" as she was assured this would not occur. She urged the Council to reconsider its action on this item, and that the City work with the City of Irvine in developing an "honest" ao rallel route rather than supporting the proposed extension. Alan Remington, 1164 Boise Way, Costa Mesa, addressed the Council and stated he uses Newport Coast Drive frequently, and inasmuch as the public has no access to the TCA, he felt it has "fragmented all of the responses that the citizens of each city have as to input or control over the process." The Newport Coast Drive is already a public road and he does not think it is unreasonable for the TCA to build a toll road without disturbing Newport Coast Drive. George Gallagher, 67 Heritage, Irvine, addressed the Council and stated that the Cities of Irvine and Newport Beach are the only thing standing between the County and the TCA wasting 17.5 million dollars of taxpayers' money to build a bypass which should remain a free public road. He discussed the County bankruptcy issue, and indicated he felt it was up to the elected officials at the local level to deal with the County on this matter. He discussed the lawsuit concerning Volume 49 - Page 349 IEX ,t Dr CITY OF NEWPORT BEACH 15M N ROLL CALL a 3 Q3A ~ ~WW0_J, ¢ =°00 w w August 14, 1995 INDEX Newport Coast Drive, and asked the Council to • refrain from sending the subject letter to the City of Irvine. He stated the City of Irvine does not want to construct the bypass and does not want Newport Coast Drive taken from them and a toll placed on it. He urged the Council to not send the letter and to reconsider supporting the lawsuit in some manner. Council Member Watt stated that by adding the language to the letter as cited earlier by the City Attorney, she felt it made it clear that practically speaking, the City of Newport Beach would not like there to be a toll on Newport Coast Drive. All Ayes The motion as made by Council Member O'Neil, and amended by Council Member Watt, was voted on and carried. 42. BUDGETAMENDMENT(S) (40) BA -002, $102,000 - Memorandum from Fire and Marine Chief requesting provision for medical supplies and medications to be recovered through patient billings (previously provided by Hoag Hospital); FIRE EMERGENCY MEDICAL SERVICE. Council Member Glover stated she had met with Fire and Marine Chief Tim Riley regarding clarification of this issue, and as a result, she would like to see the City make this service self - sufficient. Fire and Marine Chief Riley discussed the meetings he had with Council Member Glover regarding her concerns over the collection vs. the non - collection rates for this program. He stated that a 60% collection ratio is the average for this type of service due to the transient nature of the population that is served, and the fact that there are numerous people who access this type of public service who have no means of support. Their department will continue to use a more aggressive collection type of approach in an attempt to receive the largest amount of return. They will also continue to study the emergency medical services program to determine its true cost, etc., with a view to making it more self - supporting, and report back to the Council within • a few months in this regard. If the subject Budget Amendment is not approved, then once the existing budget is depleted for emergency medical service supplies, they will no longer be able to purchase supplies and the Paramedics would be without same. Volume 49 - Page 350 CITY OF NEWPORT BEACH MINUTES ROLL CALL U, X Q¢wwo�, W F Xmxuuo } Q(9 W W >W H August la, 1995 INDEX Harry Merrill, 25 Montecito Drive, addressed the • Council and stated the requested Budget Amendment is a result of action taken by the Council in June of this year which established charging for medical supplies to Paramedic users. The program includes a 30% markup which is not adequate to cover all costs inasmuch as only 60% of the cost is recovered by non - subscribers. At this time, the Council is being asked to establish a budget for revenues based on unspecified overcharges to Paramedic subscribers and other paying users to cover uncollected charges from some 40% non - subscriber users. The staff report gives no range of the marked up cost to be levied on paying customers. Prior to adopting the fees, he felt there should be some public exposure of these fees and he is sure that such information is available from Hoag Hospital. He indicated the City is losing money on the Paramedic program and more expenses are being added. He noted that $18,000 was spent this last year just to market this program. Dolores Otting, 17 Hillsborough Drive, addressed the Council regarding the Paramedics program, and • stated that Medicare and Medical do not pay 100% for Paramedic service and she is hopeful that this is an issue that will be addressed in the forthcoming report from the Fire and Marine Chief. Motion x Hearing no further comments, motion was made BA -002 All Ayes by Council Member Glover to approve BA -002 in the amount of $102,000 as requested. BA -005, $15,300 - Memorandum from General Services Director requesting funding for an efficiency study of the CITY FLEET MANAGEMENT FUNCTION. In response to questions raised by Council Member Glover, the General Services Director explained the need for an efficiency study of the City Fleet Management Funclion noting that the firm of ETS Consulting of Oak Harbor, Washington, has performed this type of study for local governments from Alaska to Oceanside, California. The Efficiency Study will have three phases, 1) Interview with the customers/users (Fire and Police Departments, etc.), 2) Assessment of the • Operations and Cost Analysis, and 3) Presentation of the Conclusion and Recommendation. He felt that by doing the Efficiency Study first, which will include a recommendation on privatization, they can justify the rates that have risen the last two years in the Internal Service Fund. Volume 49 - Page 351 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, 3 w3Qi°0o F } W g X W O ~ Z August 1a, 1995 INDEX Mo x Hearing no further comments, motion was made BA -005 Ales by Council Member Glover to approve BA -005 in the amount of $15,300 as requested. 11. COUNTYWIDE INTEGRATED WASTE MANAGEMENT GS /Countywide PLAN (contd.(: Integ Waste Mgm Pln The General Services Director stated that the (4 4 ) subject plan is a three - volume plan which consists of all the Recycling programs for all of the 31 cities in the County, plus the unincorporated area, the Household Hazardous Waste Element, and a Siting Element of all the disposal facilities such as landfills throughout the County. This plan will be submitted to the State for approval, and the action recommended to the Council at this time is the adoption of a resolution endorsing the Countywide Integrated Waste Management Plan. Motion x Motion was made by Mayor Hedges to adopt Res 95 -93 All Ayes Resolution No. 95.98, as recommended. PUBLIC HEARING(S) 43. Mayor Hedges opened the public hearing 4717 Hampden • regarding VACATION AND ABANDONMENT OF A Rd /Cameo Shrs PORTION OF HAMPDEN ROAD ADJACENT TO THE Vac /Aband PROPERTY LOCATED AT 4717 HAMPDEN ROAD IN (9 0 ) CAMEO SHORES. Report from Public Works Department. The Public Works Director stated this is an item which was initiated by the property owner who lives at the very end of Hampden Road, and it is requested the City abandon the portion of road that is in front of his home so that he can utilize a portion of the property and create a more normal cul-de -sac. A public utility easement will be retained for existing Edison, gas, water, sewer and storm drain facilities located within the area to be vacated. If the Council approves this request, he would recommend that Condition No. 4 be amended to substitute the word "review" for the word "approved." Following comments by Mayor Pro Tern Debay, the public hearing was closed. M 4Al x Motion was made by Council Member O'Neil to Res 95 -94 yes adopt Resolution No. 95 -94, ordering the vacation and abandonment of a portion of Hampden Road adjacent to 4717 Hampden retaining an easement for public ufBily purposes where needed; and direct the City Clerk to have the resolution recorded by the Orange County Recorder when directed by the Volume 49 - Page 352 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ PMwLd0oZ '� w ¢MrilOJ` 3g2UC70 � ' ' w August Ta, 1995 INDEX • Public Works Department that the required Parcel Map has been prepared and is ready to be recorded, that construction plans for the reconstruction of Hampden Road has been completed and that an appropriate surety has been provided guaranteeing completion of the required public improvements; and that Condition #4 be amended as recommended in the foregoing. Robert Chickering, President, Cameo Community Association, addressed the Council and stated he only wanted to say that their Association is in support of the subject request. 44. Mayor Hedges opened the public hearing Ord 95 -30 regarding proposed ORDINANCE NO. 95 -30; Zoning (94) AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO OUTDOOR DINING AND PARKING STANDARDS FOR RESTAURANTS (PLANNING COMMISSION PCA 824 AMENDMENT NO, 824). Report from Planning Department. Assistant City Manager Ken Delino stated this item was initiated by the City Council and has been under consideration since April. The Ordinance was modified and introduced at the Council meeting of July 10. The purpose of the Ordinance is to allow the Planning Director to approve, subject to call up by the Planning Commission and City Council, up to 25 %, of the net public area of a restaurant for outdoor dining, notwithstanding bulk or parking requirements. The ordinance also summarizes the restaurant parking standards into one section of the Code. The City Attorney rioted a typographical error in Section 20.72.018 - Accessory Outdoor Dining, and stated that it should read 1,000 square feet rather than 500 square feet. Marianne Zippe, 420 E. Bay Avenue, addressed the Council in ooaosition to the proposed Ordinance, indicating she felt the "public should be involved in any decisions along these lines, and that the power to make an approval or denial should not • rest with one person." Mayor Hedges pointed out to Ms. Zippe that the Ordinance does provide call up by the Planning Commission or City Council for referral to the Planning Commission within fourteen days. Volume 419 - Page 353 CITY OF NEWPORT BEACH MINUTES ROLL CALL U, ¢ Qa:WW0oz q¢wwoJ0 W 3g ' 2 U ' (�O w August la, 1995 INDEX Marsha Dossey, President, Newport Pier Zoning /Outdoo: • Association, addressed the Council in support of Dining /Pkg St, the proposed Ordinance, indicating it would add viable income to their area and the City as well as visibility. She also felt the Council should take into consideration the older areas that do not have the ability for new construction and allow them to have an outdoor area. Wayne Zippe, 420 E. Bay Avenue, addressed the Council and stated his main objection to the Ordinance is allowing the Planning Director to approve or deny an application. He stated that no single person should have that type of power. Discussion ensued wherein Mr. Delino noted that there are certain conditions that the Planning Director must take into consideration prior to approving an application, such as noise and its proximity to residential areas. He also stated that the Planning Director will have the same sensitivity to the desires of the residents as the Planning Commission. In response to Council inquiry, Mr. Delino advised • that the proposed Ordinance does not require notification to property owners within a 300 foot radius. The City Attorney reported that there is also a provision in the Ordinance that gives the Planning Director jurisdiction to impose additional conditions over time if the specialty food business does not conform to the conditions set forth in the Specialty Food Ordinance. Hearing no one else wishing to address the Council, the public hearing was closed. Council Member Watt reiterated her desire to give notification to property owners within a 300 foot radius of applications for outdoor dining, but following discussion, Mayor Pro Tern Debay requested that the Planning Department post the property in question to which there were no objections. Mon x Motion was made by Council Member Glover to J6 adopt Ordinance No. 95 -30 as presented. Motion x An amendment to the above motion was made by Council Member Edwards who recommended that Paragraph D of Section 20.72.018 be revised to read as follows: Volume 49 - Page 354 CITY OF NEWPORT BEACH MTNTTTRIR ROLL CALL a 3 M W ~�'g0OZ xMz:U0 3gSUt70 ¢ Ld > w August 14, 1995 INDEX • "An application to add outdoor dining may be denied or approval of an application may be revoked or modified by the Planning Director, subject to call up by the Planning Commission or City Council for referral to the Planning Commission within fourteen (14) days upon a finding of the failure to comply with the conditions in this Section and all other applicable conditions and regulations." Council Member Glover indicated she was opposed to including the above amendment in her motion. In response to Council inquiry, the City Attorney stated that in his opinion, the Planning Commission has the final authority with respect to the subject Ordinance. The City Council can call up an application, but only to refer it to the Planning Commission, and that there would be no continuing review beyond that. Ayes x x x The amendment made by Council Member Noes x x x x Edwards was voted on and FAILED. A x x x x x x The motion made by Council Member Glover was No x voted on and carried. 45. Mayor Hedges opened the public hearing on the U/P 3557/ application of ROBERT H. LEE ASSOCIATES for USE Trfc Stdy 105, PERMIT NO. 3557 AND TRAFFIC STUDY NO. 105 on 4201 Birch St property located at 4201 Birch Street - Request to (88) permit the establishment of an automobile storage facility for Avis automobile rental fleet on properly located in the M -1 -A District. The proposal includes washing, vacuuming and fueling services of the automobiles; and the approval of a traffic study for the proposed development. Also included in the application is a modification to the Zoning Code to allow a 6 foot high concrete block wall to encroach 5 feet into the required 15 foot street side setback along Dove Street; AND USE PERMIT NO. 3558, on property located at 848 8 U/P 3558 888 Dove Street - Request to permit the 848/888 Dove establishment of administrative and clerical offices St (88 ) and automobile maintenance facilities for Avis automobile rental fleet on property located in the Newport Place Planned Community. Report from Planning Department. Volume 49 - Page 355 CITY OF NEWPORT BEACH MINUTES ROLL CALL Lm QQWWO�I LJ3P2UC7O 0 w w August ,a,,99s INDEX Mr. Delino referenced the Site Map depicting the /P 3557/3558 • location of the two proposed uses, and stated the Planning Commission reviewed these two applications in tandem. He noted that an emergency ordinance has also been prepared for Council consideration which would adopt a moratorium on the establishment of certain auto service facilities within certain zoning and planned community districts. The two applications in question were approved by the Planning Commission, but called up by the City Council. The Birch Street project includes the demolition of an existing office building (approximately 23,500 square feet) to establish a quick turnaround facility for a 265 car rental fleet which will be shuttled to and from John Wayne Airport. The Dove Street project is a reuse of an unoccupied site of a former new car dealership for a major vehicle maintenance facility. These two projects together will support Avis Rental Car counter and services located at John Wayne Airport. Currently, Avis provides these services from a location in Santa Ana along the 55 Freeway. Relocation of these facilities nearer to the airport will substantially reduce operating costs for Avis. He discussed the • arguments supporting approval as well as the arguments for denial as enumerated in the staff report. Mr. Delino stated that if the above applications are approved, he would recommend that the Council approve the following additional Finding and Condition as set forth in Exhibit A: Finding - "That the proposed project(s) will tend to decrease the property and sales taxes which accrue to the City." Condition - "The applicant shall work with the Revenue Division of the City and provide best efforts to establish Newport Beach as a point of sale for the purpose of accruing sales tax associated with car rentals." Mayor Pro Tern Debay reported that she had viewed the projects in question, and that the applicant has dutifully pursued the entitlements for the intended uses. In response to her question • regarding the need for landscaping in front of the two sites, Mr. Delino advised that conditions have been imposed so that both developments satisfy this concern. Volume 49 - Page 356 CITY OF NEWPORT BEACH MINUTES ROLL CALL L, a 3 w F M; im N w g m X u '� w O U H Z o August 14, 7995 INDEX Mo x Council Member Glover stated the reason she /P 3557/3558 called these two projects up for public hearing was to review the area inasmuch as a number of properties have changed hands over the years. She stated she has visited the area and has had discussions with representatives of Avis as well as the Finance Department, and as a result, feels these two projects are not only good uses, but could generate some income for the City. Therefore, she moved to sustain the decision of the Planning Commission and approve Use Permit No. 3557, Traffic Study No. 105 and Use Permit No. 3558, including the added Condition and Finding described in Exhibit A of the staff report. Gary Semling, Architect with Robert H. Lee & Associates, representing the applicant, addressed the Council and stated they have been working with the Planning and Traffic Engineering Departments on their projects, and feel they have taken into consideration all concerns, including the issue expressed by Mayor Pro Tern Debay regarding landscaping in front of their developments. There will also not be any signage on the Birch Street site and very minimal signage at • the Dove Street location. They feel their projects will be beneficial to the City as well as John Wayne Airport and urged approval. Dolores Citing, 17 Hillsborough Drive, addressed the Council and indicated the City should try and work with the County Board of Supervisors to discuss a fee being paid to the City of Newport Beach for car rentals since the City of Brea has negotiated a fee on the imported trash that will be put into the Brea landfill. She noted that the City of Newport Beach does not receive any revenue from car rental transactions conducted at John Wayne Airport. Barry West, owner of property adjacent to Avis on Birch Street, addressed the Council and stated that he had only one concern with the proposed development, and that is the 12,000 gallon underground gasoline storage tank which is about 50 feet from his building. Also, behind his property is National Car Rental and they, too, have a 12,000 gallon underground gasoline storage tank. He stated his concern is that there is the potential of • an "accident waiting to happen." He also has an egress easement over the Avis property which he purchased at the same time he bought his property from The Irvine Company. Volume 49 - Page 357 CITY OF NEWPORT BEACH MINUTES ROLL CALL A o gdWWO wacaxUL!)0 ,-� } C U) W 2 w >w °Z J ~ August 74, 7995 INDEX The Public Works Director advised that he talked U/P 3557/3558 • with Mr. West during the Council recess, and that the City's subdivision engineer as well as the Fire Marshal will meet with Mr. West regarding his concerns, and make modifications as necessary. There being no others wishing to address the Council, the public hearing was closed. All Ayes The motion made earlier by Council Member Glover was voted on and carried. There being no objections, the staff was directed to undertake a "quick fix" on the Zoning Ordinance clarifying the language as to uses that are ancillary to or supportive of the primary uses for this area, and return to the City Council in approximately 60 days. Motion x In the interim, Mayor Hedges moved to adopt an Emergency Ordinance ADOPTING A MORATORIUM ON THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OR EXPANSION OF CERTAIN AUTO SERVICE FACILITIES WITHIN CERTAIN ZONING AND PLANNED COMMUNITY DISTRICTS (Report from the • Assistant City Manager). Council Member Cox spoke in opposition to the moratorium, indicating the Council does not know what the impact will be once this action has been taken, nor does it know how many applications of this nature are in the process, and until the City has a better handle on this issue, he does not think enacting the proposed moratorium is the answer. Council Member O'Neil pointed out that if the Emergency Ordinance is adopted, it is only in effect for 45 days, and therefore, he does not see the need for it until further information is brought back to the Council. Ayes x x The motion made by Mayor Hedges was voted on Noes x x x x x and FAILED. Motion x At the recommendation of the City Attorney, Res 95 -95 motion was made by Council Member Glover to adopt Resolution No. 95 -95, declaring Intention to initiate amendments to the Newport Place Planned • Community Text. Volume 49- Page 358 CITY OF NEWPORT BEACH MINUTES ROLL CALL Im (1: Q3g2UCJ70 ¢ august LD ""Oz w W la, 1995 INDEX Council Member Edwards indicated his • concurrence with the remarks made by Council Member Cox, and offered an amendment to the above motion, requesting that when the subject Ordinance is brought back to Council, the staff report include not only some background Information, but an overview of the problem, to which there were no objections. All Ayes The motion, as amended, was voted on and carried. 46. Mayor Hedges opened the public hearing on the Variance 1202 APPEAL BY WILLIAM N. SMIRL regarding application 319 Carnation of Robert Losey for VARIANCE NO. 1202, on property (91) located at 319 Carnation Avenue - Request to permit the construction of a single family dwelling on property located in the MFR (2178) District which exceeds the allowable 1.5 times the buildable area of the site. The proposed development provides the required amount of open space, but the location of the open space does not meet Ordinance requirements. The proposal also includes a modification to the Zoning Code so as • to allow the proposed structure to encroach 10 feet into the required 10 foot front yard setback adjacent to the abandoned Carnation Avenue right -of way as established by Districting Map No. 17, and to encroach 6 feet into the required 10 foot rear yard setbacks. Said construction also proposes to extend beyond the original lot line adjacent to the vacated portion of Carnation Avenue, so as to encroach up to 12 feet with portions of the revised construction and an additional 16 inches± with a roof overhang, and three retaining walls which encroach 3 to 12 feet into said abandoned right -of -way. The application also includes a modification to permit an entry stairway which will also extend 10 feet beyond the original lot line adjacent to the vacated portion of Carnation Avenue and will measure 4 feet above natural grade where the Zoning Code limits such construction to a maximum height of 3 feet. Report from Planning Department. Appeal Application of William N. Smiri. Letter from Bertram and Edna Rowe objecting to • obstruction of views, both public and private, by the proposed variance. Letter from Law Offices of Joe DiPaola, Esq., representing appellant William N. Smiri. Volume 49 - Page 359 CITY OF NEWPORT BEACH MINUTES ROLL CALL L0 T Q¢WW0_jI W XMZ:U ¢'C' � W 0 august la, 7996 INDEX Mr. Delino explained the graphics on display which Variance 1202 • depicted the subject property as well as surrounding parcels; outlined the key issues and what was approved by the Planning Commission (referenced in orange in the graphics). The staff answered questions posed by Council, following which, Robert Losey, Applicant, 424 Goldenrod Avenue, addressed the Council in support of his application pointing out the following: The property at 319 Carnation Avenue is the ideal properly for which a variance is intended; three conditions must exist for a variance to be granted, i.e., 1) that there are exceptional circumstances applying to the land which do not generally apply to land in the same district, 2) that the granting of the application preserves substantial property rights of the applicant, and 3) the granting of such an application will not be materially detrimental to the public welfare or injurious to property improvements in the neighborhood; this particular lot has unique hardships, i.e., its unusual shape, steep slope, a sewer easement and an abandoned easement, because of the sewer easement and abandoned • easement, staff has interpreted this lot to have two front and rear yards which interpretation restricts a 5,560 square foot lot to a structure with a footprint of 1,140 square feet, permitting a house of only 1,710 square feet; in contrast, the typical Corona del Mar lot has 3,540 square feet, allowing for a footprint of 2,376 square feet; granting this variance is necessary to preserve substantial property rights because it allows a reasonable home of 3,930 square feet with less than 37% of lot coverage; the Planning Commission has reviewed this variance twice before and has found no substantial evidence that there is anything materially detrimental to the public welfare or injurious to property improvements in the neighborhood; further, the Planning Commission has found no private views lost as a result of this variance, in fact, the impact on private views is less than what would occur if he were to build as permitted by Code; he has met with his neighbors with respect to private views, and based upon their input and suggestions from the Planning Commission, he has made a number of • modifications to the plans to satisfy their concerns, such as lowering his roof line to guarantee Mr. Billings a bay view from his second floor, he also moved the garage back to mitigate its impact on Mr. Phelan's front entry, and he moved the bayside balcony back so that no aspect of the Volume 49 - Page 360 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ 3 gQwWOJ, W ~�'g0OZ 3g2(JC70 Q 0 � J w August 14, 1995 INDEX requested variance would impact private views; Variance 1202 • the subject structure is smaller than adjoining buildings and when compared to a typical single - family home, his structure has a smaller footprint and less coverage; he urged the Council to uphold the decision of the Planning Commission and grant his request. The following persons addressed the Council in opposition to the requested Variance: Joe DiPaola, Attorney representing William Smirl, Appellant Tom Phillips, 315 Carnation Avenue John Garrett, 313 Carnation Avenue Bill Phalen, 317 Carnation Avenue Ross Billings, 314 Carnation Avenue Be La Force, 311 Carnation Avenue Bertram Rowe, 407 -B Fernleaf Avenue Ralph Umbriaco, 405 -1/2 Fernleaf Avenue Clare Taber, 309 Carnation Avenue Rick Duggan, 57 Clermont Avenue Some of the concerns expressed by the above speakers were as follows: The proposed structure • will impact public and private views; self- induced hardship is not grounds for the Council to grant the Variance: the average home in the area is 2,000 sq. ft., whereas the proposed structure is 3.930 sq. ft.; the applicant is "over- developing" his property; the Planning Commission had no legal basis to approve the subject Variance because of the property rights it will be taking from all the other neighbors surrounding Mr. Losey's proposed structure; the Planning Department ignored factual data which would have forced the Planning Commission to deny the Variance; the placement of the Storey poles was inaccurate unlike what the Applicant represents, and therefore, is misleading; if the Variance is approved, the City will be faced with a "monstrous eyesore;" the proposal violates City Code regulations in at least 8 to 10 areas; the Variance will have a materially adverse affect on property values in the area; the Variance is excessive as well as unnecessary: the zero setback on the Carnation Avenue right -of -way is in violation of setbacks required of other properties • on Carnation Avenue: the right -of -way view of Begonia Park is a valuable neighborhood asset, and is used both as a public and private viewplace; parking is already a problem in the area, and the proposed structure is only providing a two -car garage for a home with several bedrooms; in closing, it was urged that the Variance be denied or referred back to the Planning Commission for a compromise. Volume A19 - Page 361 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, 3 W H 3 } M ; w Q = X ° w 0 ,3 ~ z o August fa, 1995 INDEX Buzz Person, Attorney for the Applicant, Robert Variance 1202 • Losey, addressed the Council in support of the Variance stating that the homes from 311 through 317 Carnation Avenue are in a 9,200 square foot building which contains four residences, and the building immediately to the south of that structure has 7,000 square feet. The particular lot in question is 5,500 square feet, and is the "perfect" type of application that warrants the granting of a Variance, and is the reason the Planning Commission granted approval. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Council Member O'Neil stated he has visited the subject property, and offered the following; he agrees that the property is unique and there are exceptional circumstances to take into consideration; he has attempted to look at preserving substantial property rights vs. material and injurious impacts on surrounding properties, and in so doing, he found that this Variance was granted approximately three years ago by the Planning Commission and that a new City Council • after five public hearings also granted this Variance with the necessary findings required by the Municipal Code, all of which information has been duplicated and provided to the current City Council; inasmuch as the Applicant has made some effort to modify the project to be less impacting upon the neighbors, and there is no compelling new evidence offered at this meeting that would persuade him to not uphold the decision of the Planning Commission; he, therefore, moved to sustain the decision of the Planning Commission and grant Variance No. 1202, based on the Findings and Conditions for Approval designated as Exhibit "A" in the staff report. Council Member Watt indicated she agreed that there are exceptional circumstances involved with this particular piece of property; however, she does not feel the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the applicant, but does feel the granting of the Variance will be materially detrimental to the public welfare and surrounding property. She is also concerned about • preserving the view from Begonia Park, as well as the height toward the rear of the subject property and its affect on the neighbor, and therefore, she will not be supporting the motion. Volume 419 - Page 362 CITY OF NEWPORT BEACH MTNTTTF.0 ROLL CALL km ¢ Q¢wW w3M2000 ¢ °oz � w August 14, 1995 INDEX Regarding the stability of the slope, the City Attorney stated that the City would not be liable for any damage caused by the issuance or the failure to issue any building permit or the granting of this Variance. ayes x x x x x x Following discussion, the motion was voted on and does x carried. 47. Mayor Hedges opened the continued public /P 1956(A) hearing concerning USE PERMIT NO. hunderbird 1956(AMENDED) FOR THE THUNDERBIRD CLUB at lub 3505 Via Oporto, to determine whether or not to (8 8 ) rescind the revocation of subject use permit. Report from City Attorney. Council Member O'Neil recused himself for the reasons stated at the July 10, 1995 City Council meeting, and to avoid any appearance of bias. Mayor Pro Tern Debay stated she was absent from the July 10, 1995 Council meeting, but has reviewed the video and minutes from the meeting, and therefore, will participate in these proceedings. The City Clerk advised that after the agenda was printed, a letter was received from Fritz Duda, on behalf of the merchants at Via Lido Plaza, urging the City Council revoke the subject Use Permit with respect to the operation of the Thunderbird Nightclub in Lido Marina Village for the reasons stated in the letter. The City Attorney referenced a letter he had received this date from Michael Montgomery, Attorney representing the Thunderbird Club, requesting this hearing be continued to September 11, 1995. He stated the Thunderbird has also agreed to the Council appointing a hearing officer to conduct the remainder of this hearing, and to submit a transcript to the City Council. The Thunderbird will also be submitting modifications to the conditions imposed by the City Council back in June 1994, and modifications to their ongoing or existing characteristics which might resolve some of the problems the City is experiencing with the Thunderbird. • Council Member Clover stated that inasmuch as this issue came before the Council in June of this year, she is very hopeful it can be wrapped up by September 11 in that she felt the City owes it to the community to come to some kind of decision. Volume 49 - Page 363 CITY OF NEWPORT BEACH MINUTES ROLL CALL q s :K 'Q¢wwoJ y� 3gS000 (n w > J w August 14, 1995 INDEX Dave Adss, co -owner of the Thunderbird Club, Thunderbird • addressed the Council and stated they anticipate Club adjusting their hours to include lunch and dinner trade and would like to have a patio set up outside by the fountain at the entrance of their building to expand restaurant operations, in addition to revising their parking plan. He stated it is their intention to submit both plans by August 28, 1995 to City staff. They also concur in the recommendation of taking public testimony before a hearing officer by September 11, and to submitting the transcript of that hearing to the City Council by September 25, 1995. Roya Fouladi (no address given) stated she lives directly across Newport Boulevard from the Thunderbird and from her bedroom window and front deck she has an unobstructed view of the establishment. She urged the Council to not defer action on this matter any longer, citing noise as a serious issue not only from individuals, but also from automobiles and motorcycles. Motion X Following discussion, motion was made by Mayor Hedges to continue this public hearing to • September 25, 1995, to appoint a hearing officer who will take testimony prior to September 11, 1995, and present a transcript of that testimony to the Council on September 25, 1995, and further, that the Thunderbird Club be required to submit their revised plans by August 28, 1995, and that said plans reflect that the applicant will operate in conformance with the existing Use Permit. As an aside, Mayor Hedges indicated that, in his opinion, the Thunderbird Club may be "pushing it" if they wish to expand their operation as mentioned in the foregoing. Ayes x x x x x The motion was voted on and carried. Noes x Abstained X PUBLIC COMMENTS Mary G. Vaught, 306 Columbia Avenue, addressed the Council and stated she is an art student, amateur photographer, painter and gardener, • and is concerned about the 14 trees planted in front of and along the side of the recently painted Balboa mural. She stated she submitted photographs to Mayor Pro Tern Debay depicting how the trees block 30% of the mural, and will even block it more when fully grown. She pointed out Volume 49 - Page 364 CITY OF NEWPORT BEACH MINUTES ROLL CALL 1171 ¢ 3f q¢wwU w -Wgxoz 3g2UC70 ¢ 0 w w August 14, 1995 INDEX that the trees and landscaping cost $11,000, plus • the cost to maintain. She indicated she wished the trees had never been planted. She also stated that the artist who painted the mural was never told that trees were going to be planted in front of the exhibit. Mayor Hedges suggested Ms. Vaught contact the Balboa Merchants and Owners Association who have overseen this project from the beginning. ORDINANCE(Sl FOR ADOPTION 48. Proposed ORDINANCE NO. 95 -29; Ord 95--29 Muni Code REPEALING OBSOLETE, OR PREEMPTED CHAPTERS Revisions OF THE NEWPORT BEACH MUNICIPAL CODE AND (53) PORTIONS THEREOF, AND AMENDING PORTIONS OF CHAPTERS 1.20, 3.22, 5.04, 5.12, 5.20, 12.46, 13.01, 15.32, 15.45, AND 19.12 FOR THE PURPOSES OF MAKING THE CODE INTERNALLY CONSISTENT AND CONSISTENT WITH STATE LAW. Recycled report dated July 6, 1995 from Assistant An City Attorney. x Motion was made by Council Member Cox to All Ayes adopt Ordinance No. 95 -29. CONTINUED BUSINESS 49. Appointments to the ECONOMIC DEVELOPMENT Economic COMMITTEE. Develop Cmte Motion x Motion was made to defer to August 28, 1995 All Ayes appointment of Planning Commission Representative replacing Mitchell Brown; and At large member replacing Edward Selich. CURRENT BUSINESS 50. Communication from LEAGUE OF CALIFORNIA League of CA CITIES - LEAGUE ANNUAL CONFERENCE - OCTOBER Cities /Votinc 22 - 24, 1995 IN SAN FRANCISCO. Delegate (61) Motion x Motion was made to designate Mayor Hedges, as All Ayes the City's Voting Delegate for the League Annual Conference; and Mayor Pro Tern Debay as Alternate. • Volume 49 - Page 365 CITY OF NEWPORT BEACH MINUTES ROLL CALL Lrj M ¢ Q¢wwo°? Ld Q M N U W ' U H w 0 August Ta, T995 INDEX • Mayor Hedges adjourned the meeting at 10:35 p.m., in memory of Jerry Garcia, lead singer and guitarist for the Grateful Dead, and Mickey Mantle, former New York Yankee Baseball Player. The agenda for this meeting was posted on August 9, 1995, at 1:40 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. AJA Mayor ATTEST: V P, '- v r7 City Clerk Volume 49 - Page 366