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Home My WebLink About11/13/1995 - Regular MeetingROLL CALL Present Motion All Ayes Motion All Ayes 0 • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE CouncH Chnmhern P W FQC7 Q 3g2UC70 } W w W O w >W J H TIME: 7.00 P.M. DATE: November 13, 1995 CLOSED SESSION - 5:00 p.m. PRefer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED (None) RECESSED AT 6:55 P.M. RECONVENED at 7:00 P.M. for reaular meeting x x x x x x x ROLL CALL X Reading of Minutes of Meeting of October 19, 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. Bishop Thomas Thorkelson and youths from the Church of Jesus Christ of Latter -day Saints presented a RED RIBBON chain signed by 366 youths ranging in ages from 6 to 18 who have pledged to abstain from drug use during their lifetime. He outlined the purpose of the RED RIBBON program and requested the chain be used to decorate the Christmas free in the lobby of City Hall. Bishop Thorkelson also announced that on Sunday evening, November 19 at 7 p.m., the Newport, Irvine, Mesa Interfaith Council will be presenting a Music Festival of Thanksgiving at the South Coast Community Church and invited all interested persons to attend. Mayor Hedges presented Bishop Thorkelson with a letter of recognition in honor of RED RIBBON WEEK. Gordon Kilmer of the Environmental Quality Affairs Citizens Advisory Committee presented BEAUTIFICATION AWARDS to Newport Beach homeowners Ronald Divine, 301 Orchid Avenue and Kay Segal, 4633 Fairfield Avenue, and noted that Sophie and Ronald Morrell, 311 Jasmine Avenue could not be in attendance. City Manager Kevin Murphy introduced recently appointed Peggy Ducey, the new Assistant to the City Manager. He noted that she had competed with over 300 outstanding applicants, and will be responsible for the duties previously handled by Ken Delino. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: • Council Member Edwards requested a followup report on the vandalism at Galaxy Park. • Council Member Edwards requested a report back on the parking of motor homes on residential streets in the Galaxy Park and East Bluff areas, as well as those persons taking up residence in motor homes in parking lots. Volume 49 - Page 485 MINUTES INDEX ROLL CALL • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES m � X q LLJ F Q XP }w o M w u) M W O UU0 � w" >W 0 J J z , November 13, 1995 INL 7� MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: • Council Member Glover requested a report back regarding piecemeal sidewalk requirements throughout the City where properties are not abutting another sidewalk. CONSENT CALEN DAR X The following Hems were approved except for those Hems removed: ORDINANCES FOR INTRODUCTION - Schedule for public hearing on November 27, 1995: Report covering agenda Hems 1 -6 from Building Uniform Department and Fire and Marine Chief. BUildinc Codes(2E 1. Proposed ORDINANCE NO. 95 -56 Ord 95 -5 AMENDING CHAPTER 15.03 TO ADOPT THE UNIFORM HOUSING CODE 1994 EDITION. 2. Proposed ORDINANCE NO. 95 -57 Ord 95 -5 AMENDING CHAPTER 15.04 TO ADOPT THE UNIFORM BUILDING CODE 1994 EDITION. 3. Proposed ORDINANCE NO. 95.58 Ord 95 -5 AMENDING CHAPTER 15.05 TO ADOPT THE UNIFORM MECHANICAL CODE 1994 EDITION. 4. Proposed ORDINANCE NO. 95 -59 Ord 95 -5 AMENDING CHAPTER 15.06 TO ADOPT THE NATIONAL ELECTRICAL CODE 1993 EDITION. 5. Proposed ORDINANCE NO. 95 -60 Ord 95 -6 'AMENDING CHAPTER 15.08 TO ADOPT THE UNIFORM PLUMBING CODE 1994 EDITION. 6. Proposed ORDINANCE NO. 95 -61 Ord 95 -6 AMENDING CHAPTER 15.10 TO ADOPT THE NEWPORT BEACH GRADING CODE 1991 EDITION. 7. Proposed ORDINANCE NO. 95 -62 Ord 95 -6 (41) AMENDING TITLE 9 TO ADOPT THE UNIFORM FIRE CODE 1994 EDITION. [Report from Fire and Marine Chief) Volume 49 - Page 486 EX I /Fire �6 7 H E T R q CITY OF NEWPORT BEACH MINUTES ROLL CALL u' ('-¢W QCrWWO wXMMUL90 >w °Z November 13, 1995 INDEX RESOLUTIONS FOR ADOPTION 8. Resolution No. 95 -120 authorizing the issuance of CIOSA NEWPORT BEACH SPECIAL IMPROVEMENT DISTRICT Res 95 -120 NO. 95 -1 (CIOSA) SPECIAL TAX BONDS, SERIES A; (68) approving the execution and delivery of a Fiscal Agent Agreement, a Purchase Contract, a Continuing Disclosure Certificate and a Protocol Agreement; and the preparation of an Official Statement. [Memorandum from Administrative Services Director] 9. Resolution No. 95 -121 PROHIBITING PARKING ON Parking /Bal E THE NORTH SIDE OF BALBOA BOULEVARD between Res 95 -121 15th and 19th Streets from 9 a.m. to 6 p.m., on (8 5 ) Saturdays and Sundays from May 15 to September 15, as well as on Memorial Day, July 4 and Labor Day; and rescinding Resolution No. 88-55. [Memorandum from Public Works Department] 10. Resolution No. 95.122 declaring the City of Vacation Newport Beach's intention to VACATE A PORTION Res 95 -122 OF A SEWER EASEMENT AT 3002 AND 3014 BREAKERS (9 0 ) DRIVE, CORONA DEL MAR; and setting a public hearing on December 11, 1995. [Memorandum • from Public Works Department] 11. Resolution No. 95 -123 establishing TOW AWAY NO Parking PARKING ZONE on the north side of Bay Avenue Res 95 -123 between Palm Street and Adams Street between (8 5 ) the hours of 4 p.m. and midnight on Saturdays and Sundays. [Memorandum from Public Works Department] 12. Removed from the Consent Calendar. CONTRACTS AND AGREEMENT 13. Approve amendment to CONTRACT NO. 2835 with Coast Com COAST COMMUNITY COLLEGE DISTRICT for the College /Veh period December 1, 1995 through March 1, 1997 for Equip Mntnc EMPLOYEE EDUCATION (VEHICLE EQUIPMENT C -2835 MAINTENANCE). [Report from General Services (38 ) Director] 14. Approve CONSULTANT AGREEMENT with Emmet Emmet Berker} Berkery, P.E., for additional Project Management C -3074 Services during Fiscal Year 1995 -96 at a not to (3 8 ) exceed amount of $72,000. [Report from Public Works Department] Volume 49 - Page 487 CITY OF NEWPORT BEACH MINUTES ROLL CALL 3`- q w F Cl: 3g2UC70 X rw a:6 Ljc'xoz Z: U w >w 0 + November 13, 1995 INDEX • 15. Approve AMENDMENT NO. 2 to CONSULTANT Fletcher Jone AGREEMENT (CONTRACT NO. 3026- FLETCHER JONES & Emmet Berk - MOTORCARS/BAYVIEW WAY EXTENSION ) with ery C -3026 Emmet Berkery for additional Project Management (3 8 ) Services during Fiscal Year 1995 -96 to increase the not to exceed amount from $55,000 to $70,000. [Report from Public Works Department] 16. Approve CONTRACT with William Avery & Avery & Assoc Associates for the performance of all requested or Labor Rel required services within the LABOR RELATIONS C -3075 ACTIVITIES of the City of Newport Beach (refer to (38 ) Budget Amendment No. 016 for $45.000 to pay for the monthly retainer and travel expenses of Mr. Avery for the period October 1, 1995 through June 30, 1996). [Report from Administrative Services Director] 17. Award CONTRACT NO. 3001 to Nobest Inc., for the Ocean Fr St total price of $97,755.50 for OCEAN FRONT STREET End Imprvm END IMPROVEMENTS. [Report from Public Works C -3001 Department] (3 8 ) 18. Renew CONTRACT NO. 2775 with Municipal MRC /Revenue • Resource Consultants - Agreement to AMEND Enhncm & Infc SCOPE OF REVENUE ENHANCEMENT & C -2775 INFORMATION SERVICES FOR THE CITY OF NEWPORT (3 8 ) BEACH. [Report from Revenue Manager] 19. CLAIMS - For Denial by the City Manager. (3 6 ) Patricia Cabada and David Valdovinos alleging they were hit by a Police vehicle on the left side of claimants' car in the City of Irvine on June 27, 1995. John Cadenhead alleging his vehicle was towed in error on June 16, 1995; (charges against him have been dropped) seeking reimbursement for towing, storage and return of vehicle. Diana Donovan alleging she was rear -ended by City vehicle at San Joaquin and Jamboree on August 15. 1995. Kalee R. Fonseca alleging she was hit by Police Jeep at 17th Street and Superior Avenue on October 19, 1995. • James A. Garvey alleging his vehicle was damaged while parked in City Yard on October 11, 1995; seeking reimbursement of $817.86. Sheila K. Neathery alleging damage to her vehicle and windows /windshield as a result of City construction on Riverside, Pacific Coast Highway and Irvine Avenue, approximately three months ago. Volume 49 - Page 488 CITY OF NEWPORT BEACH `llyv�-N ROLL CALL A¢MW Lil3,2000 ¢ °0? >w November l3, 1995 INDEX • Marco and Kathy Otero seeking Indemnity from claim filed by Kawabe, U.S.A., Inc., on August 5. 1995 concerning the Newport Beach Marina. 20. Removed from fhe Consent Calendar. 21. Removed from the Consent Calendar. 22. ILLUMINATED SIGNS ON THE BAY - Review, Planning comment, and if desired, direct staff to initiate (68 ) amendments to the ZONING STANDARDS FOR LIGHTED SIGNS within the comprehensive re -write of the Zoning Ordinance now in process. [Memorandum from Assistant City Manager, Building and Planning] 23. Removed from the Consent Calendar. 24. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Encroachm AND MAINTENANCE OF PROPOSED PRIVATE Agm /302 -306 IMPROVEMENTS WITHIN THE MAIN STREET PUBLIC Main St RIGHT -OF -WAY ADJACENT TO 302 -306 MAIN STREET, (6 5 ) BALBOA PENINSULA - Approve the application • subject to execution of an Encroachment Agreement for non - standard improvements (to be recorded); an Encroachment Permit issued by the Public Works Department; approval from the Utilities /Public Works Committee, Balboa Merchants Owners Association and Planning /Building Department; and direct staff to develop guidelines and a policy for future non - standard building facade encroachments. [Report from Public Works Department] i 25. MAIN STREET INTERIM IMPROVEMENTS CONTRACT Main St Intrr NO. 3060 - Accept the work; authorize the City Imprvms Clerk to file a Notice of Completion, and release C -3060 the bonds 35 days after the Notice of Completion (3 8 ) has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 26. TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE Tustin Av AVENUE AND CLIFF DRIVE ROAD RECONSTRUCTION Stm Drn /Rvrsc BETWEEN IRVINE AVENUE AND COAST HIGHWAY - Av /Clf Dr Rd CONTRACT NO. 2782 - Accept the work; authorize C -2782 the City Clerk to file a Notice of Completion, and (3 8 ) release the bonds 35 days after the Notice of . Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] Volume 49 - Page 489 CITY OF NEWPORT BEACH ROLL CALL q ¢ Q¢LjW0 L,d3P2000 w m � -j J w - November 13, 1995 INDEX • 27. BUDGET AMENDMENTS (4 0 ) BA- 016, $45,000 - Increase in Budget Appropriations and Decrease in Budgetary Fund Balance to provide for professional services under a LABOR NEGOTIATIONS CONTRACT. jRefer to report w /agenda item 16] BA -017, $16,557 - Removed from the Consent Calendar. BA -018, $10,000 - Increase in Budget Appropriations and Decrease in Budgetary Fund Balance to provide for Children's Services at the BALBOA BRANCH LIBRARY. ITEMS REMOVED FROM THE CONSENT CALENDAR 12. Report from City Manager recommending Council adoption of proposed Resolution modifying duties Legislative and activities of the LEGISLATIVE COMMITTEE. Committee (24) The City Manager recommended that the next to the last paragraph in the proposed Resolution be • modified as follows: "Now, Therefore, Be It Resolved by the City Council that the duties of the Finance Committee related to annexation issues shall be the responsibility of the Legislative Committee. The duties shall be to:..." Motion x Motion was made by Council Member Cox to Res 95 -124 All Ayes adopt Resolution No. 95.124 as revised modifying the DUTIES AND ACTIVITIES OF THE CITY COUNCIL LEGISLATIVE COMMITTEE to include annexation issues. 20. PLANNING COMMISSION AGENDA - November 9, Planning 1995. (68) Motion x. Motion was made by Council Member O'Neil to All Ayes schedule public hearing on RESUBDIVISION 1019 on Resub 1019 property at 352 Hazel Drive for December 11, 1995 and to receive and file remainder of report. 21. Informational report from General Services Director GS /Scavenging • regarding REFUSE SCAVENGING. (4 4 ) The General Services Director updated the Council on this issue noting that an item will be sent out to all residents with the City's Water billing during December /January informing them of the steps to help prevent scavenging, and requesting that recyciables be put inside the trash containers. Also, the Police and General Services Departments Volume 49 - Page 490 ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES U, cr¢D q M QWW0-j MMMU00 >W November 13, 1995 INE Departments have noticed a decline in scavenging the past few weeks which he felt was partially due to the combination of public information and enforcement. He added that they will continue to address this problem on a daily basis. Dolores Offing, 17 Hillsborough Drive, addressed the Council regarding the collection and recycling of newspapers, and suggested the City give consideration to installing drop -off stations throughout the City, including the City Yard, which could help in eliminating unwanted scavengers. Mayor Pro Tern Debay also suggested residents divide their newspapers into different refuse containers and then put their trash on top. Inasmuch as this Item was an Informational report, no action was taken. 23. Report from Planning /Building Department GPA 95- regarding GENERAL PLAN AMENDMENT 95 -3 - (45 ) Request to initiate various amendments to the Newport Beach General Plan as follows and to sustain the action of the Planning Commission to initiate proposed amendments C. D & E; direct staff to proceed with the preparation of any necessary environmental documents and schedule for public hearing before the Planning Commission: A. 2201, 2207, 2215, 2301 & 2345 E. 16th Sfreet Request to amend the General Plan Land Use Element to change the land use designation for these properties from Single Family Residential to Multi - Family Residential; and B. 507, 509. 511 & 513 West Balboa Boulevard: Request to amend the General Plan Land Use Element to change the land use designation for these properties from Single Family Residential to Multi - Family Residential; and C. Newport Beach Country Club /Corporate Plaza We Request to amend the General Plan Land Use Element and the Local Coastal Program, Land Use Plan to allow residential, hotel, spa, and office development in conjunction with a Master Plan for the Newport Beach Country Club, Golf and Tennis Club; and Volume 49 - Page 491 IEX ROLL CALL • i 0 CITY OF NEWPORT BEACH MINUTES to ¢r¢U 31—MM w3az°0o N M >w 0z J November 13, 1995 IND D. 400 Angelifa Drive, Irvine Terrace: GPA 95 -: Request to amend the General Plan Land Use Element to allow for the subdivision of an existing lot into two lots for single family development: and E. 0077 8 515 Orange Avenue: Request to amend the General Plan Land Use Element to change the land use designation for these properties from Two Family Residential to Multi - Family Residential, to allow for the development of eight units on the properties. Val Skoro, 1601 Bayadere Terrace, Vice Present of Irvine Terrace Homeowners Association, addressed the Council regarding Item D above, and stated that he attended the Planning Commission meeting when this matter was discussed; however, his Association had not had time to take a position on the proposal. Subsequent to that meeting, their Board of Directors considered the request and "vigorously" opposed the proposed subdivision. He stated that Irvine Terrace has approximately 380 homes in its development and there has never been a lot subdivided in its history; their concern is that if this is approved, it would not be fair to the homeowners and would create a "nightmare." He referenced a petition signed by 35 residents in opposition to the request stating it was their feelings that it would be in the best interest of all to maintain the current configuration of plot size as originally designed, and that the proposed subdivision would set a precedent and alter the character and quality of the Irvine Terrace neighborhood. Patricia Temple, Planning Manager, noted that in Irvine Terrace, as in many other residential areas of the City, the Land Use Element contains a provision that no subdivision which would result in additional dwelling units is allowed. This provision was incorporated into the General Plan in 1988, in response to a number of requests. for subdivision of lots in contemporary subdivisions. Most of these requests involved lots which were larger than average due to the presence of slopes or other access restrictions which caused the original subdivider to increase the lot size. This particular request represents the exact situation which the General Plan provision was intended to address. This lot is larger than average due to its location on Volume 49 - Page 492 w1 CITY OF NEWPORT BEACH MINUTES ROLL CALL n W Cr = rW A o c°» W November 13,1995 INDEX the outside curve of the comer of Angelita Drive GPA 95 -3 and Bayadere Terrace, in association with a significant grade differential between the street and the lot. It is also an unusually shaped lot. She described the potential subdivision proposed as enumerated in her report. It was indicated that if the Irvine Terrace Association had actively opposed the subject request when it was before the Planning Commission, the Commission might have voted to deny the proposal, Janet Aengst, 2021 Bayadere Terrace, addressed the Council and stated she and her husband reside adjacent and below to the lot in question, and if the request is approved, it would maximize the space, increase density and could set a precedent, also, any new building would overlook their house and they would lose the privacy they now enjoy. She submitted the petition in opposition referenced earlier by Mr. Skoro. James W. Ray, 424 Angelita Drive, addressed the • Council in opposition to the proposed subdivision, stating he would lose his view if approved. In response to question raised by Mayor Hedges, the City Attorney stated there is a provision in the General Plan that would currently prevent lot splits in this particular area; however, what is being requested is an amendment to the General Plan, not approval of a lot split and not approval of a parcel map; issues relative to access, lot configuration, etc., would be addressed during the parcel map stage, and during that process there are seven findings which would mandate denial of the parcel map. What is being asked at this time is very preliminary to the actual evaluation of the tract map. Council Member O'Neil indicated he was not aware of any controversy regarding this particular issue, and therefore, is not prepared to vote to initiate the requested General Plan Amendment. He also felt there was not enough evidence at this time to convince him that this proposal is necessarily a good idea. Mdtlon x Mayor Pro Tom Debay stated that based on the facts presented by the Planning Manager, she would move to deny the subject request. Volume 49 - Page 493 CITY OF NEWPORT BEACH MINUTES ROLL CALL a q W ~P ¢ 3g2UC70 ¢ W W0-J, a' O > J w ` November 13, 1995 INDEX • Mayor Hedges spoke in opposition to the motion, GPA 95 -3 stating there is nothing in the City's Zoning Code that would prohibit what is being requested, and in order for the property owner to enjoy due process rights associated with the ownership of that real property, the property owner ought to be allowed to go through the administrative process which is what this is. He is not prepared at this point to consider any evidence which Is really not even before the Council, and he does not believe that a denial on this basis achieves those goals of protecting owners property rights or their due process to enjoy those property rights. Council Member Waft stated she is going to support the motion to deny the request, but wanted to take issue with the Mayor's previous comments, and that she would be concerned if the Council made it a practice to change the General Plan zoning in areas like Irvine Terrace at the request of an individual lot owner. Ayes x x x x x x The motion was voted on and carried. N ax M n x Council Member Waft referenced Hem E in the above, stating that two of the Planning Commissioners voted against this initiation because of it being a "piecemeal" type rezoning of properties in the area, and therefore, she moved to not Initiate this request. Motion x Council Member Glover stated that she felt this was a very good project for the area and a positive step for the neighborhood. She added she is not aware of any opposition to the request, and therefore, made a substitute motion to sustain the action of the Planning Commission and initiate a General Plan Amendment on the subject request. in response to question raised by Council Member Edwards regarding the design of the proposed eight units, Council Member Glover indicated that some of the development will share some wails, but in essence, the project will resemble small houses. Mayor Pro Tern Debay stated she will be supporting • the substitute motion inasmuch as there will be a site plan review and the development will be built in the configuration of townhomes. Ayes x x x x x x The substitute motion was voted on and carried. Noes x Volume 49 - Page 494 CITY OF NEWPORT BEACH MINUTES ROLL CALL q Q¢WLwo w3QM000 H ¢ (n O W > °Z J W November 13,1995 INDEX M n x 27. BA -017, $16,557 - To provide additional funds for BA -017 yes the revision of signage throughout the City (40) resulting from changes to the DOG NUISANCE ORDINANCE, was not approved and motion was made by Mayor Hedges to direct staff to prepare requests for proposals for the subject signage and to advertise for bids to the private sector as well as the City sign shop. PUBLIC HEARINGS 28. Mayor Hedges opened the continued public Balboa Transp hearing regarding application for Certificate of (27 ) Public Convenience and Necessity by BALBOA TRANSPORT to operate a public transportation vehicle. Report from Revenue Manager. Rodger Michael, Applicant, addressed the Council and stated he has met all the requirements of the Police Department, Revenue Department and City Engineer. He described his route to and from the Balboa Ferry and emphasized he will not be in • anyone's way. He noted there will be a place for him to drop off people safely and legally, and that he has obtained all the required insurance. He also has met with the Balboa Island Business Association and addressed all their concerns. Motion x Council Member Wait pointed out that there is no All Ayes evidence to the effect that this proposal has been accepted by the Balboa Ferry, Balboa Island Business Association and Balboa Island Improvement Association, therefore, she made a motion to continue this public hearing to November 27, and to refer this matter to the Traffic Affairs Committee for review of the permit for the traffic plan. 29. Mayor Hedges opened the public hearing to Solid Waste consider the granting of NON - EXCLUSIVE Collection FRANCHISES FOR SOLID WASTE COLLECTION to the (4 4 ) following: A- Trojan Disposal, John K. Agomalian, President Browning -Ferris Industries, John Deckord, • General Manager Costa Mesa Disposal, Ramon O. Rangel, President Federal Disposal, Don Shubin, President 5 Star Rubbish, Anthony M. Otting, President Great Western Reclamation, Ed Caliri, General Manager Volume 49 - Page 495 CITY OF NEWPORT BEACH MINUTES ROLL CALL A ��P Q¢WW0J? LJ3M2000 (!7 O 0z J November 13, 1995 INDEX • Haul Away Containers. Norton Smith, Solid Waste General Manager Collection Orange Disposal Service, Sam Jambarian, President Orco Disposal, Norton Smith, General Manager Rainbow Disposal, Stanley F. Tkoczyk, Vice - President South Coast Refuse, Edward Arakelian, President Ware Disposal, Judith Ware, President Waste Management of Orange County, Robert J. Coyle, Division President Western Waste, Vic: Mazmanian, Division Manager Reports from Assistant City Attorney and General Services Director. The City Manager summarized the purpose of the two proposed Ordinances and the proposed Commercial Solid Waste Collection Franchise Agreement. He noted minor changes to the Agreement on page 4 (Item 3), page 7 (Item B), page 11 (Item C), page 15 (Item D) and page 26 (Addition of last sentence). • Robert J. Coyle, Division President, Waste Management of Orange County, addressed the Council and complimented the General Services Director and City Manager for their cooperative spirit in working with the refuse haulers on the proposed franchise document. He stated the proposed agreement includes language which gives the City the option to audit the waste collectors records. Waste Management recommends that this audit be a mandatory requirement which will be performed by a CPA and paid for by the waste collector. A mandatory audit of each contractor's gross receipts and disposal records will insure that the City is receiving accurate payments for franchise fees and the environmental liability fund fees and that recycling /diversion reports submitted by the contractor are accurate. Dolores Offing, 5 -Star Rubbish, addressed the Council and stated that she was opposed to the proposed mandatory audit by a CPA as suggested by Mr. Coyle, indicating her company is very small and the audit could be costly. She referenced the • Insurance Requirements as enumerated on page 13 of the agreement, particularly the requirement for sudden and accidental coverage, noting she has contacted City staff to get a clarification. She stated she had copies of City contracts with Landscape West and West Coast Aborists who do Volume 49 - Page 496 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, 3 w3A= H r M W g X 0 W O moo Z November 13, 7495 INDEX • work for the City on a daily basis, and questioned why their insurance requirements are much less Solid Waste Collection than what is being required of the refuse haulers. She also pointed out that the two named companies are not required to provide sudden and accidental coverage. She further stated that her refuse company operates on private streets whereas the two companies under contract with the City perform their work on public streets. She also added that the companies in the City who generate and /or pick up hazardous waste do not have to indemnify the City, and suggested this be looked into by staff. In closing, she expressed appreciation to the City Manager and staff for the time and effort they have put forth on this subject, but indicated she still felt the contract document needed further work. Madelene Arakelian, South Coast Refuse, addressed the Council and also spoke in opposition to the suggestion by Robert Coyle for a mandatory audit by a CPA. She also stated that the City Manager has been more than cooperative in listening to their concerns. • Regarding the classification of insurance required, she felt it should be lowered, particularly for the smaller refuse companies. She stated she is also in support of the non - exclusive franchise and open competition, but noted that the franchise and insurance indemnification fee being charged to the franchisee will have to be charged back to the consumer, and would hope the City can provide the haulers with a letter to this effect that they can put in their billings. Hearing no others wishing to address the Council, the public hearing was closed. In response to questions raised by Council Member Edwards, the City Manager noted that with regard to a mandatory CPA audit, there is a provision in Section 9 of the agreement that states "The books of account, income statements and supporting documents shall be made available to City at Franchisee's place of business during normal business hours upon request or demand of the City Manager, City Administrative Services Director, City Attorney, or other City officer, employee or • consultant authorized by any of these officers." He indicated he felt the City would be auditing the records annually or every other year. With respect Volume 49 - Page 497 CITY OF NEWPORT BEACH MTNTTTFI.R ROLL CALL C1 Q¢WA L�XM=000 a: °o? ' w November 13,1995 INDEX • to the insurance requirements, page 15 of the agreement has. been amended to give a little Solid Waste Collection more flexibility and now reads "Insurance shall be placed with an insurance company certified to do business in the State of California, with Best's rating A -VI 1 or better, unless otherwise approved by the City Risk Manager. Lauren Farley, Risk Manager, addressed the Council with regard to the sudden and accidential exposure, stating the requirement is an additional coverage for automobile liability; there is basic automobile liability coverage, but sudden and accidential is for "spilling of the load" and in essence is a pollution coverage. Relative to the Best rating, the A -VI l level is for an excellent company rated by the Best Company and that is standard language in many of the City's contracts, and means that the company the City is under contract with is a financially solvent company and has the surplus and assets to back up the paying of losses under the limit of liability coverage. Mark Zahorgin, Insurance Broker, Cal- Insurance, addressed the Council and concurred with the • definition of sudden and accidential coverage and Best Rating as explained by the Risk Manager. He stated that refuse haulers are a unique class of business compared to other vendors the City contracts with. As to the rating of A -V11, he stated it is a minimal standard, and based on his discussions with City staff, he felt this rating was appropriate. Motion :k Hearing no further comments, motion was made by Ayes x x x x x x Council Member Glover to introduce: Abstained x Proposed ORDINANCE NO. 95 -63 Ord 95 -63 REPEALING EXISTING CHAPTER 12.63 IN ITS ENTIRETY AND REPLACING IT WITH A NEW CHAPTER 12.6 TO REQUIRE A FRANCHISE; AND Proposed ORDINANCE NO. 95 -64 Ord 95 -64 • GRANTING NONEXCLUSIVE FRANCHISES TO PROVIDE SOLID WASTE COLLECTION SERVICES UPON THE CITY STREETS AND WITHIN THE CITY OF NEWPORT BEACH, Including the amendments to the agreement as enumerated by the City Manager, and pass to second reading on November 27,1995. Volume 49 - Page 498 CITY OF NEWPORT BEACH MINUTES ROLL CALL Lr, 3 W Hp�ggXOZ Cr r A w =° w 0 ~ o November t3, 1995 INDEX • Mayor Hedges requested the City Manager investigate and report back on the issue of transporting the disposal of hazardous waste within the City. 30. Mayor Hedges opened the public hearing Ord 95 -51 regarding: Councilmanic Districts Proposed ORDINANCE NO. 95 -51 (2 4 ) CHANGING AND REDEFINING THE BOUNDARIES OF THE COUNCILMANIC DISTRICTS WITHIN THE CITY OF NEWPORT BEACH. Report from Planning /Building Department. It was noted that approval of this ordinance will adjust the Councilmanic Districts to balance the population between Districts. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made, by Mayor Pro Tern Debay to Ales adopt Ordinance No. 95 -5L 31. Mayor Hedges opened the public hearing Ord 95 -52 regarding proposed ORDINANCE NO. 95-52 Ebell Club (94) AMENDING PORTIONS OF DISTRICTING MAP NO. 10 AND REZONING THE PROPERTY FROM THE R -3 DISTRICT TO THE R -1 DISTRICT - REQUEST OF EBELL CLUB, 515 WEST BALBOA BOULEVARD (PLANNING COMMISSION AMENDMENT NO. 828). ]?CA 828 Report from Planning Department. The City Clerk noted that late this afternoon, a FAX was received from Charles Pifer, Applicant, requesting this item be removed from the agenda. Motion x In view of the foregoing request and no one All Ayes wishing to address the Council, motion was made by Mayor Hedges to table this Rem indefinitely. 32 Public hearing regarding proposed ORDINANCE Ord 95 -53 NO. 95-53 Noise Levels (70/94) AMENDING CHAPTER 10.26 OF THE NEWPORT • BEACH MUNICIPAL CODE TO REVISE NOISE LEVELS FOR RESIDENTIAL AREAS ADJACENT TO COMMERCIAL AREAS AND TO EXEMPT NOISE SOURCES ADDRESSED BY PREVIOUSLY DISCRETIONARY APPROVALS. Volume 49 - Page 499 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, X w3Q= H } W g X 0 w O moo ~ Z November 13, 7995 INDEX • Report from Planning /Building Department. It was noted that the purpose of the proposed Ordinance will be to apply Noise Zone III standards to residential property adjacent to commercial property, and to exempt noise sources addressed through previously approved use permits, modification permits, development agreements and Planned Community District development plans. In response to question raised by Council Member Watt regarding the letter the City received from residents on Sea Island concerning the noise problem at Big Canyon Country Club Golf Course, the City Manager stated he has requested staff review the Noise Ordinance as well as the specifics of the particular complaints and get back to him so he can respond to the individuals. Hearing no one wishing to address the Council, the public hearing was closed. M n x Motion was made by CouncU Member O'Neil to AlWyes adopt Ordinance No. 95 -53. 33. Public hearing regarding proposed ORDINANCE Ord 95 -55 NO. 95-55 Restaurant imprvm Dist ESTABLISHING THE NEWPORT BEACH RESTAURANT (27) IMPROVEMENT DISTRICT. Report from Planning Department. John Douglas, Principal Planner, noted that on October 19, 1995, the City Council adopted a Resolution of Intention and introduced the Ordinance under consideration. Notices of this hearing have been mailed to all restaurants in the City, and as of, this date, ten (10) protests have been received which represents less than 4% of the total proposed assessment. If the District is approved, it would become effective January I, 1996 and generate approximately $45,000 to be used for advertising and promotion of the City- wide restaurant industry. • Karl Poetes, owner of Caffe Carlucclo, 2201 W. Balboa Boulevard, addressed the Council in support of the proposed Restaurant Improvement District, but stated he is concerned with the process in terms of rules, by -laws, structure, etc. He stated he would like to know who will be appointed to the Board, whether he will be able to give input, and how the funds will be spent. Volume 49 - Page 500 CITY OF NEWPORT BEACH AdTXTFTmTJ,c ROLL CALL Q A¢WW0J? LJ3g2000 F_ ¢ > W November 13, 1995 INDEX • Robert Roubian, owner of the Crab Cooker, 2200 Restaurant Newport Boulevard, addressed the Council and Imprvm Dist stated that when he opened his restaurant many years ago, he found that selling the world's best product at a fair price was the best recipe for success, without paid advertisement and governmental districts. He stated the harder he works the luckier he gets, and he does not feel their industry needs any more government in their business; however, he is not against an assessment to be put into the City's General Fund and to be used to give Newport Beach a more hospitable environment. In closing, he stated that how ever this issue is resolved, he will support it. Dan Marcheano, owner of Arches Restaurant and Chairman of the Newport Beach Restaurant Association, addressed the Council in support of the proposed Ordinance, stating that some of the goals they hope to attain is to promote and market the restaurants in the City a lot stronger than has been done in the past. The restaurants in Newport Beach make up a strong portion of the City's budget, however, more restaurants are • opening up in neighboring cities which is a concern. The Restaurant Association meetings are open to every member and input as to how the funds will be spent is invited. No one restaurant or group of restaurants will be promoted. They hope to work with the City in establishing rules that may come up from time to time for restaurants. The assessments will come to the City and put into a fund to be spent by the Restaurant Association in conjunction with the Newport Beach Conference Bureau where they will use their staff and offices. As a result, they have no expenses and therefore, all the money collected will be used to promote and market restaurants in Newport Beach. Bill Hamilton, owner of three restaurants in Newport Beach, addressed the Council and stated he felt their industry needs advertising and promotion because of the competition they never had before. He is supportive of the proposed Ordinance inasmuch as every dollar will be spent for the restaurant industry and nothing will be taken out for overhead, etc. • Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made by Mayor Pro Tem Debay to adopt Ordinance No. 95 -55. Volume 49 - Page 501 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ a R W ~a"'xoz Q 382000 � W W O > J w November 13, 1995 INDEX • In response to question raised by Council Member Edwards, the Assistant City Manager stated that all restaurants will be assessed twice if they are also in a Business Improvement District. In terms of keeping all the funds separate, there is a task force consisting of computer programmers, Revenue Manager, GIS staff, and John Douglas, Principal Planner, who will tag each of the business licenses as they are received so they are assessed correctly. All of the money received will go into a trust fund for each improvement district that the City holds, and in turn, the City will pay the bills for the improvement districts so they will not have any administrative overhead costs. All Ayes There being no further comments, the motion was voted on and carried. 34. Mayor Hedges opened the public hearing Phase II —Weed regarding 1995 WEED ABATEMENT PROGRAM - Abatement Prg PHASE 11. (41) Report from Fire and Marine Chief. The City Clerk advised that after the agenda was printed, a letter was received from Margaret H. Howe, 1517 Dolphin Terrace, requesting the City waive the $90 administrative fee for the reasons as enumerated in her letter. Tim Riley, Fire and Marine Chief, stated that staff has met with Ms. Howe concerning her dispute and apparent misunderstanding. Ms. Howe has agreed to pay the contractor's cost for the work; the City will waive the $90 administrative charge, and her property will not appear on the assessment list. Cyrus Tabaz 21 Linda Isle, owner of vacant lot at 2209 Bayside Drive, addressed the Council and stated he received a certified letter on August 25 from the Fire and Marine Department, advising him he must remove all weeds and nuisances from his lot. He immediately complied with the order and put the weeds in trash bags in front of his lot and called the General Services Department for pickup. On September 1, he received another certified form letter identical to the letter sent on August 25. He assumed that the responsible department had not noticed that he had cleared his lot so he ignored the letter. On November 3, he received another certified letter advising that he had not complied with the previous order and that he was being assessed $282. At that point he contacted the Volume 49 - Page 502 CITY OF NEWPORT BEACH MINUTES ROLL CALL x�x(3 Q¢WWO w X }W im U w� >W °? 0 0 November 73, 1995 INDEX • Fire and Marine Department, only to find out that the reason the latter two letters were sent was because the trash bags had not been removed. He stated that in his opinion, the City should have sent him a different letter regarding the trash bags or contacted him personally by telephone rather than wasting City time sending two additional form letters by certified mail that did not even address the real problem. He stated he brought this item before the Council on a matter of principle only. Mayor Hedges thanked Mr. Tabaz for bringing this issue to staff's attention and requested they review the current procedures. Hearing no one else wishing to address the Council, the public hearing was closed. Motion x Motion was made by Mayor Pro Tem Debay to Res 95 -125 All Ayes adopt Resolution No. 95 -125 confirming assessments. 35. Mayor Hedges opened the continued public U/P 1956 (A) hearing regarding USE PERMIT NO. 1956 (AMENDED) Thunderbird FOR THE THUNDERBIRD CLUB. (88 ) Report from City Attorney. The City Attorney advised that his office has prepared a Stipulation consistent with the agreement reached at the October 19 City Council meeting, and that the Stipulation has been signed by Mr. Ariss and his attorney, as well as Mr. Mulholland. Mr. Burnham stated he has the original document in his office, and that it also provides for the signature of Mr. Freidman on behalf of the property. Mr. Freidman contacted him today and indicated he intends to sign the document tomorrow. The City Attorney stated that no action was required of the Council at this time, and no one indicated they wished to address the Council on this matter. PUBLIC COMMENTS Roger Michael, representing Balboa Transport, • addressed the Council regarding his request to operate an eight passenger electric vehicle on Balboa Island. Mayor Hedges informed Mr. Michael that his request was discussed earlier under Public Hearings and that the Council referred the matter to the Traffic Affairs Committee for report back on November 27 or December 11 at the latest. Volume 49 - Page 503 CITY OF NEWPORT BEACH AAA T NTT TrV'V C ROLL CALL Lr' ¢ Q¢wA L. �- XM=UUO ¢ °oz > w November 13, 1995 INDEX • Mr. Michael stated that he was aware of the Council's action, but it has also been three months since he submitted his application to the City, and since he has met all the necessary requirements he would like to proceed as soon as possible. CONTINUED BUSINESS 36. Status report from Public Works Department IRWD- Wetlands regarding the IRVINE RANCH WATER DISTRICT (IRWD) Water Prj WETLANDS WATER SUPPLY PROJECT, and proposed (74) Resolution expressing the City's opposition. The City Attorney recommended this item be continued to November 27, 1995. He advised that the Council has retained a number of experts to evaluate the environmental and public health impacts of this project and those reports will not be received by staff until November 20, 1995 at the earliest. He felt it appropriate for those reports to be shared with the Council and public before the proposed resolution is adopted. This delay in adopting the resolution will not be prejudicial to the City since IRWD has agreed to defer certification of the EIR to December 4. He also felt the delay will help City staff prepare appropriate comments on the EIR as well as comments to IRWD on December 4. Motion x Hearing no other comments, motion was made by All Ayes Council Member Watt to continue this matter to November 27, 1995 as recommended, including the proposed resolution. i 37. Status Report on NEWPORT COAST DRIVE Newport Coast EXTENSION. Drive Extnsn The City Manager reported that staff has been working very closely with other local agencies on this project, and as a result, plans have been prepared for the roadway, however, the funding for this extension was anticipated from two primary sources, 1) remaining funds in the Irvine Coast Assessment District, and 2) County Gas Tax Revenues. Because of the recent bankruptcy issue, $23 million of the Gas Tax Revenues will be utilized to repay the Orange County Transportation Authority for their advance to assist the County in • recovering from the bankruptcy, which leaves the County with only $10 million left in Gas Tax Revenues for their miles of roads for capital and maintenance programs. As a consequence, there were two casualties in terms of capital projects from that outcome, 1) Laguna Canyon, and 2) Newport Coast Drive extension. Since that process, the City staff has been working with OCTA, Volume 49 - Page 504 CITY OF NEWPORT BEACH MINUTES ROLL CALL v� Q�Cc Q�WW wXmxuuo r w °o? W >w ~ November 13, 1995 INDEX • Supervisor Bergeson and others to try and find a way to fund this project and the gap which exists as a result of losing that Gas Tax allocation. He distributed a draft funding plan which estimated the cost of construction at $10.5 million and also referenced funding sources and funding shortfall. The goal is to attempt to open Newport Coast Drive extension simultaneously with the opening of the Corridor which is anticipated in early 1997. Council Member O'Neil stated he, along with Mayor Hedges and Mayor Pro Tern Debay, has attended a series of meetings with Irvine City Council Members, and even though the Newport Coast Drive extension benefits our City, it is thought to adversely impact nearby communities in the City of Irvine, and as a result, there is a difference of opinion as to whether this project should go forward. He added that Mayor Hedges in talking with individual Council Members in Irvine, thought it would be beneficial to join resources and to work together to explore other alternatives which could benefit both communities. In these meetings, they looked at different types of resolutions involving movement of the toll facility, diverting funds that would normally be used to construct the extension to the Transportation Corridor Agency, and other scenarios, etc. These were also reviewed by respective staffs and even involved the attorneys from both cities. The bottom line is that after spending a great deal of time in studying this issue with our colleagues in Irvine, we were unfortunately unable to come up with any viable solution that solved their problem and helped Newport Beach. Because of this, last week we did have a final meeting and decided to go our separate ways. He felt the meetings were still beneficial and established good communications and relations, and that both cities understand each others position more clearly. r, Inasmuch as this Rem was only a status report, the Council took no action. 38. Report from City Manager regarding NAMING OF Upper Casta- THE NEW PARK SITE ON THE UPPER CASTAWAYS Park PROPERTY as requested by Mayor Hedges. `aG2s • The City Clerk advised that a letter was received from Nancy Skinner, 1724 Highland Drive, this afternoon regarding her concerns as to how the proposed naming of the Castaways sports park has been handled. Volume 49 - Page 505 CITY OF NEWPORT BEACH MINUTES ROLL CALL c Q¢wwo wX1 ¢ -1MU 9 > °? w 0 November 73, 1995 INDEX • The City Manager summarized his report as well as Upper Casta- his report of November 3, 1995 to the Parks, ways Park Beaches and Recreation Commission, noting that pursuant to Council Policy 1 -9, the Parks, Beaches & Recreation Commission is the recommending body to the City Council on the naming of City parks. He stated it was his suggestion that the Commission recommend to the City Council the following: 1. Name the active portion of the Castaways Park, "Bob Henry Park," and the passive portion, "Castaways Park." 2. At the Bob Henry Park, on the comer of 16th and Dover immediately behind where the park name sign is located, create a special area through accented landscape and special pavers, concrete or similar materials to place a plaque recognizing Bob Henry and his supreme sacrifice to the residents of Newport Beach. 3. This special area would also include a flag pole, which would be illuminated in the • evening hours. 4. In dedicating the park and naming the Bob Henry Park, the final action would include language indicating that the Park is being named in Bob Henry's memory and in recognition of the service that he and other City employees provide to the residents of Newport Beach. If there should be other City employees who lose their lives in the direct line of duty for the City, they would be recognized at Bob Henry Park in the future in the special area near the? flag pole and recognition plaque. The City Manager advised that the Commission met last week and at the conclusion of their discussion, they voted to continue the item to its meeting in December to allow consideration of other alternative names. Three of the Commissioners indicated that when this matter returns in December they would support the staff recommendation. • Jo Vandervort, Chairperson of the Parks, Beaches & Recreation Commission, addressed the Council regarding their meeting when this issue was considered, and stated that some of the Volume 49 - Page 506 ROLL CALL Motion All Ayes El CITY OF NEWPORT BEACH Volu 49 - Page 507 err orx� ss a ,ners Dout that Bob the pion, this [heir N [I to $" :t in tfor :ver Nho of five as City fiber dley tee, V of Nho 19, was Hall port 0 MINUTES INDEX er Casta- s Park tri H g g M Ld X O j W W November 13, 1995 Commissioners "wanted to go into the proce little longer, however, she, and Commissic Demmer and Schonlou were really excited al the opportunity to be the first to recommend the active portion of the park be named Henry Park'." Diana Springer, 2000 Beryl, former member of Parks, Beaches and Recreation Commis addressed the Council, and recommended item be sent back to the Commission for input, " because this name will be with us f4 long time and it would behoove the Counc stay with the procedure for naming of City pad X M Mayor Hedges stated that Ms. Springer is corre, that the name of Bob Henry will be with the Cit a very long time, and a name the City will n, forget. The City celebrates Bob Henry's name, made the supreme sacrifice following the lin, duty, and therefore, he moved to name the ac play portion of the park "Bob Henry Park" recommended in Items I through 4 of the Manager's report. Meeting adjourned at 9:15 p.m., to 5:00 p.m., Noven 20, 1995 for Closed Session, and in memory of F. He Wilkinson, former Newport Beach Library Board Trus who passed away on October 27,11995; and in memos Peg Forgit, wife of former City Councilman Al Forgit, passed away on November 2, 1995. ..................... The agenda for this meeting was posted on Novemb4 1995 at 1:40 p.m.; and the supplemental agenda posted on November 10, 1995 at 4:00 p.m., on the City Bulletin Board located outside of the City of New Beach Administration Building. Mayor ATTEST: . ..... f7 �. City Clerk ss a ,ners Dout that Bob the pion, this [heir N [I to $" :t in tfor :ver Nho of five as City fiber dley tee, V of Nho 19, was Hall port 0 MINUTES INDEX er Casta- s Park