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HomeMy WebLinkAbout11/27/1995 - Regular MeetingROLL CALL r Present • CITY OF NEWPORT REGULAR COUNCIL MEETING PLACE: Council Chambers BEACH MINUTES W >Q4 0XM0XZI- owmmuoX N Q r w U H WI- TIME: 7:00 P.M. DATE: November 27, 1995 INE CLOSED SESSION - 5:00 p.m. (Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None RECESSED AT 6:55 P.M. RECONVENED AT 7:00 P.M. for reauldr meetina x x x x x x x ROLL CALL Presentation by Ed Hepner, Chairman of the ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE of Certificates of Appreciation to the following businesses that have contributed to protecting the environment: Newport Center Branch Bank of America, Coast Cleaners, Shock Boat Yards, Hard Rock Cafe, and El Tonto Grill. Mr. Hepner explained that the Subcommittee, Newport Green, encourages local businesses to share their ideas about how they are protecting the environment with other businesses. Tim Riley, Fire Chief and Marine Director advised that approximately $14,000 of financial proceeds were realized from the CLEAN WATER BALBOA 5 -K RUN EVENT held in October. He introduced City Harbor Inspector and Co- Chairman of the event, Wes Armand and the President of the Newport Chapter of the Surhider Foundation, Mr. Ryan Kelly, and a check was presented to the City as its share of the proceeds. ELECTION OF MAYOR The City Clerk presided for the ELECTION OF THE MAYOR, and called for nominations for the office of Mayor, wherein Jan Debay nominated John Hedges for the office of Mayor. Following closing of nominations, and by acclamation of the Council, John Hedges was elected MAYOR for a 2nd year. ELECTION OF MAYOR PRO TEM Council Member Waft nominated Jan Debay for the office of MAYOR PRO TEM; and following closing of nominations, by acclamation of the Council, Jan Debay was elected Mayor Pro Tern for a 2nd year. Volume 49 - Page 509 IEX ROLL CALL r� �i Motion All Ayes Motion All Ayes Motion All Ayes • • CITY OF NEWPORT BEACH MINUTES W n r W H November 27,1995 >rr¢0 '°Q W wr- uwpmuo3 W O, Q INE Council made new seating arrangements, and took their seats at the Council table. X Reading of Minutes of Meeting of November 13, 1995, was waived, approved as written and ordered Mod. X Reading of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None CONSENT CALENDAR X The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION Schedule for public hearing on December 11, 1995: 1. Proposed ORDINANCE NO. 95.65 Ord 95 -1 Zoning AMENDING PORTIONS OF TITLE 20, MORE (9 4 ) SPECIFICALLY CHAPTER 20.72 WITH REGARD TO REQUIRED FINDINGS FOR APPROVAL OF USE PERMI7S FOR ESTABLISHMENTS WHICH PROVIDE ALCOHOLIC BEVERAGE SERVICE (PLANNING COMMISSION AMENDMENT NO. 831). [Report from Planning Department] Pass to second reading on December 11, 1995: 2. Removed from the Consent Calendar RESOLUTIONS FOR ADOPTIQNN 3. Resolution No. 95 -126 approving the addendum O/C Cit: agreement to the Memorandum of Understanding Airbornf for the AIRBORNE LAW ENFORCEMENT SERVICES Enfrcm (CONTRACT NO. 3011). [Report from Chief of Res 95 -: Police] C-3011 CONTRACTS AND AGREEMENTS 4, Approve Consultant Agreement with Deist - Binsfield, MacAthr Inc., for Construction Management Services Wdng /Se< related to Segment 1 of MACARTHUR BOULEVARD C-2825(: WIDENING for a not to exceed amount of $390.000 (3 8 ) (CONTRACT NO. 2825(1). [Report from Public Works Department] Volume 49 - Page 510 IEX 55 Les/ a Law 3ry L26 (38) B1 T I C) ROLL CALL • s CITY OF NEWPORT BEACH It W > p3MC3 ca Q' Q W } Q g N W C 7 2 0, J M W zk- H 3 November 27, 1995 5. Approve a FUND TRANSFER AGREEMENT wit CALTRANS not to exceed $90,000 for the development of TRANSPORTATION MANAGEMENI ASSOCIATION SERVICES in the airport area [Report from Public Works Department] 6. CLAIMS - For Denial by the City Manager. Allstate Insurance Company for Diane Donovan alleging claimant was rear -ended by City vehicle on San Joaquin Hills Road on August 15, 1995. Kurt F. Briffain alleging his motor home behind 51E E. Modena Avenue was hit by City refuse truck or November 7, 1995.. Nada Hannaford alleging sewer line had beer capped off from her building (301 Main Street, Balboa) to Main Street on October 23, 1995; seeking reimbursement of plumbing expense foi total of $1,145. John P. Hogan alleging unfinished door of restroom at Cliff Park lacerated right top of his fool on October 1, 1995; seeking reimbursement of $161 for medical expenses. 7. SPECIAL EVENTS APPLICATIONS - Approve the following applications, subject to conditions in the staff report from the Recreation Manager, Community Services Department: (a) Application No. 95 -349 - Private Garden Wedding and Reception at 208 Dahlia Avenue. Corona del Mar, on Saturday, December 2, 1995 from 4 - 9 p.m., and amplified sound in a residential area from 4 - 8 p.m. (b) Application No. 95 -369 - Removed from the Consent Calendar. (c) Application No. 95 -370 - Wedding Reception at the Bluffs Homeowners Community Association Clubhouse, 2414 Vista del Oro, on Sunday, December 3, 1995 from 12 Noon to 4 p.m., and amplified sound in a residential area for the duration of the event. 8. Removed from the Consent Calendar 9. Removed from the Consent Calendar. Volume 49 - Page 511 MINUTES INDEX Caltrans /Tsp Mgm Assn Srvs C -3077 (38) (36) (27) Apl #95 -349 Apl #95 -370 CITY OF NEWPORT BEACH MINUTES ROLL CALL IX w p - Nn - 3 OwHic.o3 a: M N LLJ A X J Z�_ November 27, 1995 INDEX • 10. ECONOMIC DEVELOPMENT COMMITTEE (VACANCY) - Accept with regret letter of resignation of Marie Economic Dev Cmte Schock; and defer replacement to December i1, (24) 1995 meeting. 11. BUDGET AMENDMENTS (40) BA -019, $25,000 - Removed from the Consent Calendar. BA -020, $90,000 - To Execute a Fund Transfer Agreement with CALTRANS regarding a feasibility study and implementation of a program of Transportation Management Association services in the airport area; PUBLIC WORKS- TRAFFIC. [Refer to report w /agenda item 5] BA -021, $7,514.01 - To Transfer from the Hoag Paramedic Reserves for the purchase of an AKS Trainer (Training Mannequin); FIRE & EDUCATION TRAINING FUND. ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Report from City Attorney recommending Ord 95 -66 • introduction of Proposed ORDINANCE NO. 95 -66 Campaign Contribution AMENDING CHAPTER 1.25 PERTAINING TO (39) MUNICIPAL ELECTIONS AND CAMPAIGN EXPENDITURE CONTROL. Council Member Glover stated that she requested the Legislative Committee address the City's present Campaign Contribution Ordinance to eliminate the confusion between local and state reporting requirements for the ordinary citizen so that they can run their own election campaign. Motion x Council Member Edwards advised that he feels comfortable with the campaign contribution limit as is, and therefore, made a motion to introduce proposed ORDINANCE NO. 95 -66, and pass to second reading on December 11, 1995, with the $200 limit. Motion x Mayor Hedges moved to amend the ordinance to make the campaign contribution limit $700, citing the expenses involved in running a campaign for public office. • Comments were made by Council Members Glover and Watt in support of the $200 limit, and Council Member Cox in support of raising the limit to $700; wherein, Council Member Edwards indicated that he would offer a "political" compromise for a $500 limit, to which Mayor Hedges Indicated acceptance and changed his above amendment from $700 to $500. Volume 49 - Page 512 CITY OF NEWPORT BEACH MINUTES ROLL CALL W > oQWW UwQMUOX in fm � QQe9 } rn W °Z¢ -J WH November 27, 1995 INDEX Dolores Offing, 17 Hillsborough, addressed the Council stating that most of the other cities have put a $250 limit on campaign contribut(ons, and she feels that raising the limit to $500 or $700, would put a lot of pressure on contributors and make it more difficult for the less affluent citizen to run for an elected office. Ayes x x x x x Hearing no one else wishing to address the issue, Noes x x the amendment made by Mayor Hedges to change the campaign contribution limit ordinance to reflect the $500 limit was voted on and carried. Ayes x x x x x Mayor Hedges called for a vote on the main Noes x x motion as amended. 7.(b) Report from the Recreation Manager, Community Special Event Services Department recommending approval Apl #95 -369 subject to conditions in the staff report for Special (2 7 ) Event Application No. 95 -369 - Annual Christmas Walk and Toys for Tots Merchant's Open House on Sunday, December 3, 1995, from 11 a.m. - 4 p.m.; amplified sound in a commercial /residential area • for the duration of the event and adopt a resolution for three (3) street closures. Motion x Following an open invitation to the public by Toni All Ayes Van Schultze, President of the Corona del Mar Chamber of Commerce, motion was made to approve SPECIAL EVENT Application 95 -369 and adopt RESOLUTION NO. 95 -127 authorizing the Res 95 -127 TEMPORARY STREET CLOSURES OF; Heliotrope Avenue from PCH to 2nd Street; Marigold Avenue from PCH to the first alley; and Poinsettia from PCH to the first alley. 8. Report from Fire and Marine Chief recommending Harbor Permit HARBOR PERMIT APPLICATION NO. 175 -112 be Apl #175 -112 denied - request by Mr. and Mrs. Floyd Schenk to (51) revise the residential pier bayward of their residence at 112 Via Lido Nord, subject to Harbor Permit Policies, Section 5 -8. Pete Swift, representing the Schenk family, addressed the Council, stating that he has been a dock builder in Newport Harbor for 13 years, and that the Schenks are requesting to put a picket fence as a safety device on their pier to protect • the grandchildren, and asked for Council's approval. Following clarification regarding the differences in the submitted drawing and construction permit, it was indicated by Mr. Swift that the drawing was not updated showing the proposed picket fence. Volume 49 - Page 513 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ix W > °aP°"xzi- {Jj a xMim W r M=UOX N W J FA Novennber 27, 1995 INDEX Floyd Schenk, 112 Via Lido Nord, appellant, Harbor Permit addressed the Council stating that several of his Apl #175 -112 neighbors along with his wife, Marie, are present in the audience in support of their request and to explain that the picket fence was left off the plans inadvertently by Mr. Swift's contractor. He stated that they have had the picket fence all along the bulkhead for many years, and presented photos to the Council; they have the approval of their neighbors, with the exception of the Bakers; and urged that the Council approve their application with the picket fence so that the safety of their grandchildren can be preserved. Dan McGurk, 114 Via Lido Nord, addressed the Council in support of his next door neighbors, the Schenks, stating that the picket fence is not objectionable to him. Robert and Sheila Baker, 108 Via Lido Nord, the neighbors who are objecting to the extended picket fence, addressed the Council in rebuttal to the foregoing testimony, stating that the extended pickets are not in conformance with any of the • surrounding properties, and not in accordance with the plans that were submitted to the City or approved by them, as no pickets were shown on the plans and the height violates their CC &R's. Marcia Dossey, 2101 E. Coast Highway, local realtor, addressed the Council in behalf of the Bakers, stating that the picket fence is not consistent with the normal bayfront railing, wherein the normal railing is horizontal so that the view is not inhibited, and that her view was totally impaired when in the sitting position. She added that prior to the Bakers' purchasing the house, one of the vessels in question had been there for several years and is not a new rental boat. Cheryl McGurk, 114 Via Lido Nord, next door neighbor of the Schenks- addressed the Council, stating that the picket fence was there when they moved in eight years ago. She feels that the problem is that the Bakers' boats obstruct the views. Tony Melum, Deputy Chief, Fire and Marine Department, responded to questions of the Council, wherein he advised that the only problem with the application is the deficiency with the picket fence. With regard to City liability, he advised that the standard drawings and the Volume 49 • Page 514 CITY OF NEWPORT BEACH MINUTES ROLL CALL W 0:KMMXZf- � a M W } P= W W U J H 0 X November27, 1995 INDEX • design standards indicate that there is a minimum distance between the rails. The minimum distance being 12" for a residential dock vs. a commercial installation which can be no larger than to allow a 6" spear to pass through, and is consistent with the Uniform Building Code. As far as the Harbor Permit Policy and the design drawings, he has discussed the liability issue with the City's Public Works Department, and the Uniform Building Code does not apply out over the water. Motion x Mayor Hedges moved to uphold staff's Ayes x x x x x x recommendation to deny Harbor Permit Noes x Application No. 175 -112. Mayor Hedges requested that staff review the Council Policies and the appeal process for deviations from standard drawings. 9. Original report & supplemental report of opposition City Attorneys from Law Office of George Grove, Jr., Attorney Massage /Brown representing Ms. Brown, and response from City (7 0 ) Attorney recommending determination of hearing • officer as final be upheld concerning MASSAGE TECHNICIAN PERMIT DENIAL FOR SHERRY BROWN. George Grove, Jr., Attorney representing Sherry Brown, addressed the Council, stating that he was present to answer questions, and deferred testimony to Norma Gaunt and Debra Ehret. Norma Gaunt, 2166 Garnet Circle, Huntington Beach, 23 years experience as a massage technician, stated that the material administered in the City's test is designed not to protect clients, but excessive in scope. Debra Ehret, 25002 Hidden Hills Rd, Laguna Niguel, does not believe the exam is fair, and had she known that she would be required to know advanced kinesiology, advanced physiology and advanced anatomy she would have taken these as electives, and after two years of schooling she finds that her credential is useless in Newport Beach. Dan Ohl, Deputy Attorney in the City Attorney's Office, addressed the Council, advising that with • respect to the appeal, the applicant took the test in February and scored 47%: in April she scored 6495: the City requires 70% for an applicant to receive a license. lie stated that the City has had Volume 49 - Page 515 CITY OF NEWPORT BEACH MINUTES ROLL CALL W p Uwgi 'n X XMIM } N W °o3 J ZI~- November 27, 1995 INDEX • six outside experts review and write the examination given by the City and each 'one of them has found that it is appropriate for 300 hours of education. The expert who testified at the hearing indicated that most of the questions that were asked should have been answered correctly by someone with 200 hours of education, which Ms. Brown has had. In response to Council inquiry, Mr. Ohl advised that he estimated approximately 150 -250 operators have taken the City's examination over the past two years. and roughly 50-60% have passed the test in any given month. In addition, they have three chances to pass the test, with the City providing study, materials and information where applicants can obtain additional study sources. Debra Cot of Manhattan Beach, addressed the Council stating that she passed the test last year as she had taken 300 hours at the massage school, but that kinesiology is a very detailed study of the body. She asked how many people passed the test that she just failed three weeks ago. She • added that she is a 4.0 community college student and after taking 320 hours in massage school she cannot pass the City's test that is being given now, and feels that the advanced studies that the City is basing their test on is for doctors and physical therapists. Motion x Motion was made to uphold the determination of All Ayes the hearing officer as final. 11. BA -019, $25,000 To provide for Tennis Court (4 0 ) Reserves; COMMUNITY SERVICES DEPARTMENT. Motion x Motion was made to remove Budget Amendment All Ayes 019 from the calendar Indefinitely. PUBLIC HEARINGS 12. Mayor Hedges opened the continued public Balboa Transp hearing regarding BALBOA TRANSPORT for request (27 ) of a certificate of public convenience and necessity to operate an eight passenger electric vehicle contingent upon the appl'icant's ability to satisfy the requirements of Municipal Code Section • 12.40.170, the Police Department's and Traffic Engineer's safety concerns. Volume ,49 - Page 516 CITY OF NEWPORT BEACH MINUTES ROLL CALL w p - M P 3 wQ= > oW w M Z °oax: H 1-- November 27, 1995 INDEX • Recycled report of November 13. 1995, from Revenue Manager. Glen Everroad, Revenue Manager, addressed the Council, advising that the public hearing for this application began September 11, 1995 to review the request of Balboa Transport to provide electric transportation services on Balboa Island. On November 13, Council referred the issue to the Traffic Affairs Committee who reviewed the request and interviewed the applicant as well as those affected by the applicant's operation on Balboa Island. Since then the Traffic Affairs Committee resolved many of the issues, i.e., hours of operation, parking locations and the time limits associated With his parking at designated areas that the applicant intends to operate in. The Traffic Affairs Committee has prepared recommended conditions for the applicant's operation and the only issue to be resolved is the route, identified as Condition No. 1. All other issues associated with the applicant's parking of the vehicle, the hours of operation, time limits associated with his parking on designated locations has been resolved to the • Traffic Affairs Committee's satisfaction. Roger Michael, Balboa Transport, and applicant, addressed the Council stating that he believes he has met all the requirements to date. Motion x Motion was made to receive oral report from City All Ayes staff on the results of the Traffic Affairs Committee meeting on November 22, 1995, and approve the application, subject to the conditions imposed by City Departments with additional condition for the Traffic Affairs Committee to review the operation after nine months, or at any time that staff receives complaints, and make recommendations to Council if there are unresolved problems. 13. Mayor Hedges opened the public hearing bell Club/ regarding changing the land use designation for PA95-1(E) the EBELL CLUB located at 515 West Balboa (45) Boulevard from "Governmental, Educational and Institutional Facilities" to "Single Family Residentlal:" and rezone four existing lots from R-3 to R -1, to allow the construction of single - family residences: • Report from Planning Department. Council was advised that after the agenda was printed a letter was received from Ebell Club President Marie Cray for postponement. Volume 49 - Page 517 CITY OF NEWPORT BEACH MINUTES ROLL CALL W p owAmuo3 U, 3p¢gOXZF > W H November Z7, lvvs INDEX Mo on x Motion was made to table Indefinitely GENERAL yes PLAN AMENDMENT NO 95 -1(E); LOCAL COASTAL PROGRAM AMENDMENT NO. 40; and proposed ORDINANCE NO. 95 -52 (PLANNING COMMISSION AMENDMENT NO. 828). 14. Mayor Hedges opened the public hearing Corona del Mai regarding application of THE IRVINE COMPANY for Plaza /GPA 95- the construction of a specialty retail shopping 2(C) PCA 835 center, CORONA DEL MAR PLAZA on property (45 ) located in the Newport Village Planned Community District at 2400 East Coast Highway and in order to approve this project the consideration of the applications for. GENERAL PLAN AMENDMENT NO. 95 -2(C) to designate the property for Retail and Service Commercial use and establish the permitted intensity of development; AMENDMENT NO. 835 to amend the Newport Village Planned Community District Regulations: SITE PLAN REVIEW NO. 74 to allow the establishment of a specialty retail shopping center on the property; and TRAFFIC STUDY NO. 101. Report from Planning Department. Supplemental report from Planning Department. Council was advised that after the agenda was printed, a letter was received from Jack Carr with concerns about the proposed project. Patricia Temple, Planning Manager, advised that the City's consultants are all present tonight, including Keeton Kreitzer, the Environmental Consultant, Joe Foust, the Consulting Traffic Engineer, and Stan Hoffman, the Fiscal Consultant, should Council need to have technical questions answered. She offered the following information regarding the project: This project has been in process since approximately March of 1995: it was recently considered and recommended for approval by the Planning Commission with five recommendations for modification to the proposed 105,000 sq. ff. specialty retail shopping center, which is proposed for a 10 -acre site on the comer of East (:oast Highway and MacArthur Boulevard. The revisions include: 1)the relocation of a proposed access on MacArthur Boulevard southeriy approxirately 450 ff. ; 2)an increase in • the required parking ratio from 4.5 to 4.9 parking spaces for each 1,000 sq. ff. of development; 3)the elimination of drive-in and fast Volume 49 - Page 518 CITY OF NEWPORT BEACH MINUTES ROLL CALL It JQWWOZ¢ in n wa } w =Uoa H November 27, 1995 INDEX • food restaurants and arcades from the list of Corona del Mar permitted uses within the project; 4)the Plaza incorporation of an additional condition of approval regarding homeowner association review of the proposed lighting plan: and 5)the elimination on a policy basis of the driveway volume associated with the MacArthur Boulevard driveway which would be used to determine the addition of travel lanes on Coast Highway. Since the Planning Commission meeting, additional correspondence has been received from the Library Board of Trustees expressing 10 concerns and request for project modification. There have also been verbal communications from residents in Harbor View Hills, Irvine Terrace and Old Corona del Mar in regards to particular aspects of the project. As a result a Supplemental Staff Report was prepared today and has been distributed to the Council. Some additional refinements to modified conditions have been drafted by staff and have been distributed to the Council. Ms. Temple reviewed In detail these two Supplemental Reports as follows: On Wednesday, • November 22, staff received a lengthy letter from the Board of Library Trustees expressing some very specific operational considerations in regards to the interaction between the proposed shopping center and the existing Newport Beach Central Library on Avocado Avenue. The first concern suggested that an additional right turn lane be added to the driveway to allow for less restricted egress from the Library Parking Lot and to prevent the stacking of cars from impeding Library access. In order to assess this particular request, staff caused the Consulting Traffic Engineer to prepare a Queuing Study this morning which is attached to the staff report. This study took into account the driveway design, the stacking distance from Avocado to the internal intersection of the parking lot and peak level traffic volumes. The study found that in the worst case the maximum stacking demand in the peak hour of the access was five cars in the left turn lane for southbound Avocado and two cars for the right turn lane for northbound Avocado. This particular driveway access has a stacking distance which is designed to • accommodate six cars in each lane. On this basis it is staff's opinion that an additional outbound lane for right turns is not necessary from a traffic engineering standpoint. The Library Board also suggested that a stop sian for vehicles traveling west in the parking area be installed at the internal Volume 49 - Page 519 CITY OF NEWPORT BEACH MINUTES ROLL CALL W p ; a o! x W } m ; u) W m _ ° J H Z 0 F- 3 November 27, 1995 INDEX • intersection of the parking lot to allow vehicles Corona del Ma exiting the Library an equal opportunity to turn Plaza right at that internal intersection. The City's Consulting Engineer also reviewed the operation of this internal intersection this morning, and indicated a number of options exist to control the flow of traffic through this area including the one proposed by the library Board, e.g., the installation of a stop sign on the northbound and southbound links of the intersection, and three stop signs or four stop signs. Basically, the determination of the traffic control mechanisms on the internal intersection should be determined by the Traffic Engineer upon final design of the parking lot, and the Planning Department suggests an additional condition which would state, "that the design of the internal intersection shall be subject to the review and approval of the City Traffic Engineer. This design shall include traffic control devices Including stop signs as deemed necessary to provide for adequate public safety, as well as optimal convenient access for the Library and shopping center patrons." The third item raised by the Library Board of Trustees deals with a • suggestion that the internal intersection be relocated to the east to increase the stacking distance in the Avocado Avenue driveway. With the discussion of item 1, in the Queuing Study that staff conducted this morning, the Planning Department believes that the data does not support the proposal to increase the stacking in the Avocado lane. The fourth request was that an additional mitigation measure should require the developer to make additional modifications in the future if problems arise. It should be noted by the City Council that this project is subject to the review and approval of a site plan review which is intended to review, among other things, operational issues of this nature. In this type of project it is standard practice for operational - problems to be subject to ongoing review and modification if necessary. In this particular case, the Planning Department suggests an additional condition which would be added to the prior suggested additional condition, "that the design of the traffic control measures at the internal intersection shall be subject to the ongoing review of the City Traffic Engineer," and on that basis, • additional modifications to the internal organization of the parking lot and accesses could be required if problems arise in the future. The fifth issue raised was the loss of parking on Avocado Avenue, southerly of the project entrance and a Volume 49 - Page 520 CITY OF NEWPORT BEACH MINUTES ROLL CALL w o3MwAxzF- ; M W r Q w = c°� H 0 3 November27, 1995 INDEX • request that parking on Avocado be replaced by Corona del Mar the applicant within the Library property. Plaza Currently, public street parking is available on Avocado Avenue, both northerly and southerly of the Library entrance. In discussions with the City Traffic Engineer this morning he indicated that use of the street spaces northerly of the access point occur on a rather routine basis, and that occasional use of the street spaces southerly of the access also occurs, primarily when a special event happens, or there is extraordinarily heavy use of the Library facility. Because the proposed project would include the addition of a service driveway for the shopping center on Avocado Avenue, that proposal will reduce, if not totally eliminate, those parking spaces on Avocado Avenue southerly of the access driveway. Therefore, the elimination of these parking spaces could be attributed to this project. The onstreet parking spaces provide a source of overflow parking for the Library today. The reduction in onstreet spaces could adversely affect the parking supply for the Library. However, it should be noted that, even though no formal arrangements are being proposed, some Library • overflow will now utilize the excess spaces in the shopping center parking lot being proposed for development, particularly those in close proximity to the Library, and also that on the site plan there is a parking area which bears a greater relationship to the Library than the shopping center and more than likely would be used by patrons of the Library rather than the shopping center, except during times of peak utilization. However, it is appropriate for the Council to consider the imposition of an additional condition of approval which would require replacement parking on the Library property, although it should be noted that the loss of parking is onstreet public parking and not private parking on the Library site. The sixth issue raised by the Library Board of Trustees requests that the same setback proposed for the shopping center be allowed for the Library property. The Planned Community District regulations included in the Council packet for approval tonight sets forth the required setbacks for both the Library site and the retail site, and on Avocado Avenue both sites are consistent 20 foot • setbacks from Avocado Avenue. There are no other formal requirements such as in the Library Exchange Agreement for an increased setback for the Library Project. The greater landscape setback for the Library was probably imposed as part of Volume 49 - Page 521 ROLL CALL • CITY OF NEWPORT BEACH MINUTES w >a:CrU p CJ7 M X W } M mmuo3 w CI H wF- Z t- November 27, 1995 IND The Irvine Company's design review of the Library. Corona c Should the City desire to construct either parking or Plaza buildings up to the required 20 foot setback, it would be subject to the design review procedures of The Irvine Company, but in speaking with representatives of The Irvine Company today, they indicated that a reduction of the landscape setback could be considered in association with a specific request. _ The seventh concern raised by the Library Board of Trustees is that employees of the businesses In the new shopping center would be directed to park in the Library parking lot during peak periods. This particular concern can be addressed by imposing an additional standard condition which would read, "that the employees of all businesses in the project shall park onsite or at another location offsite if approved by the City Traffic Engineer." The eighth issue suggested by the Library Board of Trustees would be that The Irvine Company be required to install and maintain landscaping, watts, or other similar improvements intended to delineate the boundary between Library parking and project parking areas, and to create a safety barrier in areas where there will be retaining walls or slopes due to the elevation between the two sites. The revised site plan distributed with the Council packet shows that the grade differential between the two sites will require the installation of a retaining wall or other retention structure for a large portion of the common properly line. The conceptual landscape plan included in the packet also shows perimeter landscaping which provides a visual separation between the two sites. Additionally, the Building Department will review the grading and landscape plans to assure that appropriate safety devices will be installed in areas where a fall hazard might be present. These facts should adequately address the issues raised by the Library Board of Trustees in this area. The ninth concern requested that adequate and safe pedestrian and vehicular access be provided to the Library during construction. This issue was addressed in Mitigation Measure No. 1 contained in the EIR which requires that the applicant shall prepare a construction access plan in order to maintain safe access to the Library during construction. The construction access plan shall be approved by the Public Works Department prior to the issuance of the grading permit. The tenth and final consideration raised by the Library Board of Trustees requested that adequate signage for the Library be included at the main Avocado Avenue access point. From the Volume 49 - Page 522 IEX fel May. CITY OF NEWPORT BEACH lu i i111Uifl 1i 1 ROLL CALL It o3woxzF- 0WA_ M } w °o3 H November 27, 1995 INDEX • City's point of view, it is important that the new Corona del Max Central Library receive adequate and appropriate Plaza signage and have suggested an additional condition of approval, "that the sign program shall include provisions for sign identification program for the Newport Beach Public Library, the form of which is subject to the review and approval of the City Manager, Community Services Department, Public Works Department, and Planning Department. An additional set of concerns has been raised via telephone calls to the Planning Department and calls to various members of the City Council from residents in Irvine Terrace and Corona del Mar, in the area of Avocado Avenue. Currently some traffic from Avocado Avenue crosses Coast Highway and proceeds into the Corona del Mar area. This traffic is predominately local traffic, and since there are no convenient by -path routes through either Irvine Terrace or Old Corona del Mar, the Planning Department feels that only local traffic would tend to travel on Avocado southerly of Coast Highway. Based on the information • contained in the Traffic Study and the Traffic Study Addendum, any additional traffic which would be attributable to direct local traffic would be that which utilizes the new shopping center. The volume from the center is not anticipated to change as a result of a redesign of the access on MacArthur Boulevard since any traffic bound for southbound Avocado would be unlikely to use the MacArthur Boulevard exit in any case. There have been some ongoing conversations between various staff members and representatives of the Harbor View Hills area which has resulted in some suggested additional modifications and clarifications to the language adopted by the Planning Commission in association with their recommendation for approval of the project. The first clarification was in regards to the revised condition of approval which required the relocation of the MacArthur Boulevard access southerly approximately 450 feet from the originally proposed location at Harbor View Drive. The condition as stated in the First • Addendum Staff Report has been further modified by the Second Staff Report which was just distributed to the Council, listed as Revised Condition No. 101, which states, "that the MacArthur Boulevard access drive shall be relocated to a point approximately 450 feet southerly, but no less than 400 feet southerly of the prolongation of the current location of the south curb line of Harbor View Drive as reflected on the Volume 49 - Page 523 CITY OF NEWPORT BEACH MINUTES ROLL CALL W 0XMQxz1-- UQQi m M r W °o3 H - -- November 27, 1995 INDEX • approved site plan and shall be limited to a right Corona del Mai turn ingress only." The second clarification Plaza requested was the amount of time the homeowners association would be given to review the lighting plan and how that review would be merged with the staff review process of the lighting, plan. As a result, an additional modification to the last sentence in the modified Condition No. 85 (contained in the Second Addendum Report) which states that the lighting plans including the lighting of signs shall be submitted to the Harbor View Hills Community Association for review and comment. The Community Association will have four weeks from the date of receipt to prepare written comments on the lighting plan. The Irvine Company shall submit the Community Association's comments prior to, or concurrent with the submittal of the lighting plan to the City which will review any Community Association recommendations for potential incorporation into the lighting plan approval. Additionally, in the First Addendum Staff Report there is one additional sentence which would be added to Site Plan Review Condition No. 85, which would also state, • that all signs installed initially and subsequent to the initial installations shall be in conformance with the provision of the approved Lighting Program and the PC text." The Planning Commission included a requirement that the traffic volume associated with the new access on MacArthur Boulevard be discounted from the traffic volumes which would determine the potential for adding additional lanes on MacArthur Boulevard between Coast Highway and San Miguel Road. The Planning Department is suggesting a further modification to the General Plan Amendment Resolution contained in the Council packet, which would change the last whereas statement, (contained in the Second Addendum Staff Report): "Whereas, the City Council has determined that - 4,220 daily trips shall be subtracted from the total traffic volumes on MacArthur Boulevard which would be used to trigger the need for the addition of the fifth and sixth through lanes on MacArthur Boulevard. This differential is the difference between the projected daily traffic attributable to the shopping center and the projected traffic from • a 100,000 sq. ft. museum using Newport Beach traffic model trip generation rates." Volume 49 - Page 524 ROLL CALL • 0 • CITY OF NEWPORT BEACH MINUTES w >¢QU °awwo?¢ �wraxvoa M } w ��, wi November 27, 1995 INDEX Tom Redwitz, The Irvine Company, addressed the Corona del Max Council and gave a presentation regarding the Plaza proposed Corona del Mar Plaza project. that the proposed shopping center will be an energizing anchor to the business area, provide new and different shopping amenities, and help keep sales within the City. The Irvine. Company studied the site taking certain criteria into consideration so that the proposed project would be compatible with the surrounding area, would benefit the community, provide economic value to the City and make best use of this visible site, and the use that met these criteria best is the project being presented tonight. Regarding the lighting, The Irvine Company agrees with staff's recommendation to the revision to the condition on this issue, with the request that three weeks be given for community association review, rather than the stated four weeks. The Irvine Company has been a major supporter of the Library over the years, donating the site of the existing new Library facility which was valued at that time at over $2 million, and a major sponsor of the Library Grand Opening, contributing over $12,DOO for this event. After discussions with the City, The Irvine Company Planners integrated Corona del Mar Plaza's vehicular and pedestrian circulation with the Library as part of an overall plan to ensure no impacts to Library patrons. They are also in agreement with the Supplemental Staff Report addressing the Board of Library Trustees' recently raised concerns, and are in agreement with the additional conditions proposed by City staff. The Irvine Company is excited in joining the local Business Leaders in their goal of maximizing Corona del Mar's potential. Mr. Redwitz focused on the issue of access, specifically access to MacArthur Boulevard advising that The Irvine Company has agreed to move the original proposed access on MacArthur south placing it near the access that currently exists and make it a right in only. He requested that the condition proposed by City staff related to the distance of the access from Harbor View Drive be revised to reflect 400 foot minimum setback center line to center line. Volume 49 - Page 525 CITY OF NEWPORT BEACH MINUTES ROLL CALL x W > -JAWWO, U o Cc Of W r 0 g N W U 2 U J W O H 3 November 27, 1995 INDEX • Gary Vaccaro, Vice President of The Irvine Retail Corona del Mar Properties Company and Project Manager of their Plaza proposed retail center, Corona del Mar Plaza, addressed the Council, stating that if the Council approves the proposed project, The Irvine Company will endeavor to seek out the best available merchants possible as tenants for this project, with a goal of providing a shopping experience that will not compete against, but will compliment their other properties in Newport Beach as well as the merchants in downtown Corona del Mar. City Attorney Bob Burnham advised that in his recent discussions, Mr. Redwitz speaking on behalf of The Irvine Company would agree to fund the installation of shields on the existing light standards in the Library Parking Lot up to a maximum of $7,000, assuming that no requirement is imposed on The Irvine Company to provide onsite replacement parking for any spaces lost on Avocado. Mr. Redwitz replied in the affirmative to the • foregoing in consideration of the conditions as currently proposed and in addition, stated that as a clarification point, The Irvine Company is in concurrence with the City staff Supplemental Reports and Conditions, except as noted in his report. In response to Council inquiry, he reviewed the three week, rather than the four week Community Association review, and a clarification on the measurement of no less than 400 feet southerly of the prolongation of the current location of the south curb line of Harbor View Drive. Ben Jackson, Chairman of the Board of Library Trustees, stated that the Library Board has been trying to keep up on the development of this project and how it affects the Library. He added that the Board appreciates the efforts and accommodations that have been made on behalf of the Library, and reviewed the points of concern raised in Board's letter to the Council. In response to Council inquiry regarding the 10 points reviewed by Ms. Temple in the foregoing; and the suggested revision in the Supplemental Report just reviewed, assuming that 9 the project Is approved. the City modify a condition which includes language that the additional right turn lane out be Ned to some further traffic studies, and if warranted, the Council review it at that time, Volume 49 - Page 526 CITY OF NEWPORT BEACH Mkv, i 111021i1u" ROLL CALL W W .qWW I p N M rr¢c� M Wg2UC73 } Lj rxi W W °�¢ 0 W >� p F- November 27, 1995 INDEX would be agreeable with the Board of Library Corona del Trustees. Mr. Jackson replied in the affirmative, but Mar Plaza stated that a resolution needs to be drafted regarding the loss of parking spaces and a condition that the developer's leases require that tenants' employees not park in the Library Parking Lot. The following people addressed the Council to give testimony: Marilyn Ellis, 621 Begonia Avenue, concerned about the pollution from truck traffic frequenting the restaurants in the area; the abuse of parking on the residential streets by the restaurant employees; and noise and pollution from the construction equipment. Debra Allen, 1021 White Sails Way, personally supports the project with regards to what staff has written in the most recent First Addendum to the staff report, the Condition dealing with Signing and Lighting, and the Second Addendum to the staff report with the revisions to Condition 85 and Condition 101, and the way the Planning Commission approved the project, she feels it is important to leave the Condition regarding the location of the driveway the way Ms. Temple has written it, further that their association has long opposed a 5th or 6th lane on MacArthur Boulevard opposite Harbor View Hills, but if The Irvine Company can work with Caltrans for a lesser deceleration lane, their association would be happy to open dialogue; the association will work with The Irvine Company on the 3-week review request; and she thanked the many staff people in the Planning Department, the City Attorney's Office and Council regarding this project. Phil Sansone, Chairman of the Corona del Mar Residents Association, in support of the Planning Commission decision and staff reports presented tonight. Val Skoro, 1601 Bayadere Terrace, Vice President of the Irvine Terrace Homeowners Association, also on the Board of the Corona del Mar Residents Association, concurs with the project, but initially concerned about the traffic situation (requiring a condition for an ingress on MacArthur Boulevard); commented on the landscaping and consideration by The Irvine Company for aesthetically pleasing buildings facing PCH. Volume 49 = Page 527 CITY OF NEWPORT BEACH k,5 .i ROLL CALL UJ >¢¢U �'WWOZ¢ U n W M W U J W� 0 3 November 27, 1995 INDEX • Toni Van Schultze, President of the Corona del Corona del biai Mar Chamber of Commerce, in support of the Plaza project. Rush Hill, Chairman of the Economic Development Committee, feels that this project Is beneficial to the community; will enhance revenues projected at $150,000 per year and predicts a doubling after the fifth year reversing the flow of revenue from the City. Richard Luehrs, President of the Newport Harbor Area Chamber of Commerce, representing the Board of Directors who unanimously voted in support of this particular project, as well as himself, urged Council's approval. Charlie Gabbard, resident of Corona del Mar, fully supports this project, as It will enhance the area. Jim Wharton, President of the Harbor View Hills Community Association, supports the original • agreements by The Irvine Company and the Planning Commission as spelled out in the information given by Ms. Temple, but does not support the changes recommended by The Irvine Company this evening, although they could support the 3 -week review regarding the lights. Lucille Kuehn, 1831 Seadrift Drive, urged support for the project as this area has been an eyesore for the 38 years she has lived here; it Will enhance property and sales tax revenues, and provide an attractive entrance to Corona del Mar. John Robertson, 259 Harbor View Drive, 26 -year resident of Corona del Mar, is satisfied with the conditions set forth in Ms. Temple's presentation tonight regarding the ingress and egress into the Corona del Mar Plaza project, and the Council should approve this, and feels that The Irvine Company should withdraw their latest amendment relative to this area. • Volume 49 - Page 528 CITY OF NEWPORT BEACH MT NTTTF..q ROLL CALL W O -JAWW°ZCc UWMMUOX M (r XMC7 } N 0 J WI- November 27, 1995 INDEX • Mayor Hedges announced that the public hearing Corona del Mai was closed, wherein, Council Member 'O'Neil Plaza requested clarification from The Irvine Company representative Tom Redwitz Mr. Redwitz advised that the measurement from center line to center line is important because in moving that access further south it will negatively impact their site plan and reduce parking. What they propose Ls that there be a minimum measurement of 375 it from the prolongation of the south curb line of Harbor View Drive to the prolongation of the north curb line of entry, but would commit to working with City staff and Caltrans to reduce the length of the deceleration lane from the anticipated length, thus avoiding any impacts. Mr. Redwi . in response to Council, addressed the possible installation of an additional right hand turn lane out of the Library site, wherein he stated that this issue would be very difficult to accomplish: 1) by adding the additional right turn out this will reduce parking; 2) once the project is built it is • problematic to go back in and reconfigure this causing disruption and the Traffic Analysis indicates there is no problem with the proposed access as currently designed and agreed to. Motion x Council Member O'Neil gave an overview of the process that this project has gone through since its inception, and stated that he is satisfied it has received a fair hearing and the City has addressed all of the issues and, therefore, made the motion to: (a) Adopt Resolution No. 95 -128 certifying FINAL EIR NO. 154; (b) Adopt Resolution No. 95 -129 approving GENERAL PLAN AMENDMENT NO. 95- 2(C); (c) Adopt Resolution No. 95 -130 approving AMENDMENT NO. 835;(d) Uphold the action of the Planning Commission and approve TRAFFIC STUDY NO. 101; and (e)Uphold the action of the Planning Commission and approve SITE PLAN REVIEW NO. 74; with further conditions attached in the Supplemental staff report and Addendum received today amending the last sentence to Condition No. 5 to provide for a 3 -week review of the lighting plans and lighting of signs, opposed to a 4 -week review, to further provide that the MacArthur Boulevard access drive shall be relocated to a point 400 feet minimum southerly of the prolongation of the current location of the south curb One of Harbor View Drive: that the access shall be a right turn ingress only and In no event shall Volume 49 -Page 529 CITY OF NEWPORT BEACH MINUTES ROLL CALL W > p Cr ¢¢0 3Lq"xza WgMVO3 r W UJ � wi November 27, 1995 INDEX any deceleration lane on MacArthur northerly of Corona del Ma- • the access commence northerly of the south curb Plaza line of Harbor View Hills; and to include the $7,000 contribution by The Irvine Company to shield lights of the existing standards within the library parldng lot. Discussion ensued by Council regarding the MacArthur Boulevard access, and in response, Tom Redwitz, representative of The Irvine Company, advised that, "they would accept a condition that said the deceleration lane would not begin until the prolongation of the southerly curb of Harbor View Drive." He stated that they cannot accept a condition that would require 400 feet as stated in the foregoing motion. Barry Allen, 1021 White Sails Way, Municipal Affairs Officer for the Harbor View Hills Community Association, and very actively involved in working on this project, advised that he believes this entrance road has moved from 450 feet south of the south curb line of Harbor View Hills Drive, to 400 feet to 375 feet, and may even move further once the project is underway. He believes that the figure negotiated (450 feet) should be agreed to and does not like an approximate figure, adding that there needs to be a measurement set down. Following discussion by the Council, City Attorney Bob Burnham suggested 375' or 380' minimum southerly of the prolongation; wherein, Council Member O'Neil agreed to 380', rather than 400'. Motion x Mayor Hedges offered an amendment to require Ayes x x x x x the provision of an additional exit lane for fight turn Noes x x purposes on Avocado at the signalized intersection 0 actual experience subsequent to the opening of the project indicates that need based on traffic studies conducted by the Traffic Engineer. All Ayes The Council voted on the main motion with the agreed upon 380' as set forth in the foregoing discussion. 15. Mayor Hedges opened the public hearing GPA 95-1(C) regarding the COMMUNITY COMMERCIAL DISTRICT Community POLICY GENERAL PLAN AMENDMENT 95 -1(C) for Commercial Di., inclusion in the Land Use Element of the General (4 5 ) • Plan to provide guidelines and focus to the City's efforts to revitalize these areas. Volume 49 - Page 530 CITY OF NEWPORT BEACH MINUTES ROLL CALL M OXMM u N M W r g w M u N Z� 0 3 November 27, 1995 INDEX • Report from Assistant City Manager, Planning and Building Director. Motion x Motion was made by Council Member Glover to All Ayes continue the public hearing until December 11, 1995, for additional review. ORDINANCES FOR ADOPTION 16. Reports from Assistant City Attorney, General Solid Waste Services Director and Supplemental report from Collection Risk Manager regarding SOLID WASTE COLLECTION. (4 4 ) Supplemental report from City Manager. City Manager Kevin Murphy advised that following Council's approval on November 13 of the introduction of an ordinance implementing the non - exclusive franchise agreements with the City's commercial refuse haulers, City staff scheduled a meeting with the commercial haulers to address their remaining issues: 1) Language be inserted in the franchise agreement which requires the haulers to place on each customer's invoice a line item reference to the City's charge for the Environmental Liability Fund and the Franchise Fee, which would need an amendment to Municipal Code Section 4.63; and that Section I I (b) of the Franchise Agreement is overly broad and vague In terms of the City's indemnification requirement. He added that Special Counsel which has been retained by the City to review this issue, Terry Trumball, has conferred with the Assistant City Attorney, and strongly recommends that the language remains as is to protect the City in the Hazardous Substances Indemnification. The following persons addressed the Council: Madelene Arokelian, South Coast Integrated Refuse Systems, thanked the City Council, City Manager and City Attorney for being very cooperative and so receptive to keeping the competition going in this industry; and confirmed that several of the haulers would like to see the Environmental Fee on the billing because it gives a conceptual idea to the public that it is something that the haulers are not charging them for. Nancy Arakelian, South Coast Integrated Refuse Systems, also thanked the City for their cooperation, and also stressed that her customers want the Environmental Fee shown on the billing. Volume 49 - Page 531 CITY OF NEWPORT BEACH MINUTES ROLL CALL W o �WHMU0a M :r r W Cc: H November 27, 1995 INDEX M* x Council Member Cox made a motion to adopt: ORDINANCE NO. 95 -63 REPEALING EXISTING Ord 95 -63 CHAPTER 12.63 IN ITS ENTIRETY AND REPLACING Franchise IT WITH A NEW CHAPTER 12.6 TO REQUIRE A FRANCHISE; AND ORDINANCE NO. 95 -64 GRANTING Ord 95 -64 NONEXCLUSIVE FRANCHISES TO PROVIDE SOLID Solid Waste WASTE COLLECTION SERVICES UPON THE CITY Collection STREETS AND WITHIN THE CITY OF NEWPORT BEACH. Motion x Mayor Hedges moved an amendment to the main Ayes x x x x motion to require separate line Items to reflect the Noes x x Franchise Fees and the Environmental Liability Fund Abstained x Contributions on the billings, (an amendment to the Municipal Code to be brought back at the next Council meeting to include the regulation) which motion carded. Ayes x x x x x The main motion invade by Council Member Cox Noes x was voted on and carded. Abdiiiiia3-ned x 17. The following ordinances and resolution are presented for adoption of the BUILDING /FIRE CODES: Recycled reports dated November 13, 1995 from Building Department and Fire and Marine Chief. Motion x Motion was made to adopt the following: All Ayes ORDINANCE NO. 95 -56 AMENDING CHAPTER Ord 95 -56 15.03 TO ADOPT THE UNIFORM HOUSING CODE 1994 EDITION; ORDINANCE NO. 95 -57 AMENDING CHAPTER Ord 95 -57 15.04 TO ADOPT THE UNIFORM BUILDING CODE 1994 EDITION; ORDINANCE NO. 95 -58 AMENDING CHAPTER Ord 95 -58 15.05 TO ADOPT THE UNIFORM MECHANICAL CODE 1994 EDITION; ORDINANCE NO. 95 -59 AMENDING CHAPTER Ord 95 -59 ® 15.06 TO ADOPT THE NATIONAL ELECTRICAL CODE 1993 EDITION; ORDINANCE NO. 95 -60 AMENDING CHAPTER Ord 95 -60 15.08 TO ADOPT THE UNIFORM PLUMBING CODE 1994 EDITION; ORDINANCE NO. 95 -61 ADDING CHAPTER 15.10 Ord 95 -61 TO ADOPT THE NEWPORT BEACH GRADING CODE 1991 EDITION; Volume 49 - Page 532 CITY OF NEWPORT BEACH MINUTES ROLL CALL It W p dwQXU0Z M rr 3p¢gGXZF- r M W ` November 27,1995 INDEX ® ORDINANCE NO. 95 -62 AMENDING TITLE 9 TO Ord 95 -62 ADOPT THE UNOFORM FIRE CODE 1994 EDITION, and Resolution No. 95 -131 setting forth Findings Res 95 -131 based on local conditions within the City of Newport Beach which certain modifications and to the UnUorm Building Code, the Uniform Plumbing Codes, National Electrical Code and the Uniform Fire Code reasonably necessary. PUBLIC COMMENTS None CONTINUED BUSINESS 18. Report from Public. Works Department regarding IRWD Wetland the IRVINE RANCH WATER DISTRICT (IRWD) WETLAND Water Supply WATER SUPPLY PROJECT. Prj (74 ) City Attorney Bob Burnham advised that the proposed resolution would express opposition to the IRWD Wetland Water Supply Project using reclaimed water to create waterfall ponds adjacent to their Water Reclamation Plant and the ultimate discharge of that reclaimed water into the ® San Diego Creek during the fall and winter months at the rate of five million gallons per day. The City Council has expressed concerns about the potential impacts of this project on water quality in the Upper Bay upon flora and fauna and potential Impacts on public health, and the Council directed staff to retain a noted biologist, a noted wetland ecologist, and a water engineer modeler to evaluate the manner in which the discharge of five million gallons of reclaimed water would spread throughout the Bay. These experts concluded that the EIR did not adequately address the potential impacts of the discharge of the additional water into the Upper Bay, and the specifics are noted in their letters which are attached to the staff report. The following persons addressed the Council: Tom Houston, 206 Ruby, Balboa Island, former Harbor Quality Committee member, gave mention to SPON, The Friends of the Bay. Fish and Game Department, Aquatic and Surfrider ® Associations, etc., who have labored for so long against such issues and asked for a unanimous opposition to this particular project. Volume 49 - Page 533 CITY OF NEWPORT BEACH MINUTES ROLL CALL W o owmMuom a � x } w W W o J Z H November 27, 1995 INDEX ® Tom Hyans, President of the Central Newport IRWD Beach Community Association, offered statistics regarding the projected increase of reclaimed water that the IRWD proposes to dump into the Upper Bay by permit, emphasizing that if the IRWD can't solemnly swear that this project won't go awry, then the project shouldn't go forward. Leonard Miller, 501 W. Edgewater, member of the Harbor Quality Committee, discussed the effect on the ecosystem as a result of the salinity being decreased in the Bay, referencing a recent TV program wherein a similar experiment was done in North Carolina. The change of the salinity created an algae and bacteria problem and a 100% pollution of the bay there that will take years to clean up as a result of fresh water flowing into salt water. He felt that tourism and property values in Newport Beach will be affected if this project is allowed to go forward. ® Susan Skinner, 2421 E. 16th Street, commended the Council for taking the time and energy to hire consultants and keeping an open mind toward opposing the proposed project with as much strength and force as possible, and if necessary through legal action. Bob Coustin, 471 N. Newport Boulevard, and representative of Citizens for Sewage Free Bay, thanked the Council and asked that they send a strong message to IRWD to oppose this project. His organization is working towards obtaining public support and making people aware of the issues, as well as asking them to participate in attending the Water Control Board and IRWD meetings to present testimony, and also to send letters to legislators. Motion x Council Member Glover advised that the language in the proposed resolution has been changed to more strongly affirm the position of the City Council. She stated that she Is very proud of the Council and the Citizens of Newport Beach and the stand that has been taken, which is that. "Whereas the City Council of Newport Beach ® opposes the project because the IRWD has not established with certainty that the proposed project will not have any adverse impact on Volume 49 • Page 534 CITY OF NEWPORT BEACH MINUTES ROLL CALL W °AWWO, �wca N Cz } W =voa November 27, 1995 INDEX public health or -welfare or any adverse impact on ® flora or fauna in Newport Bay. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach intends to oppose the 'Weiland Water Supply Project,' and will take all action necessary to protect the public .health, safety and welfare of all persons who could be adversely impacted by the discharge of tertiary treated waste water in Newport Bay;" and made a motion to adopt Resolution No. 95 -132. In reference to Susan Skinner's comments, the Council discussed the pros and cons of litigation, wherein, Council Member Edwards commended the untiring efforts of Council Member Watt and Mr. Houston and others regarding this issue; suggested to the maker of the motion that the Mayor designate a Council person to attend the IRWD meeting of December 4; and that a letter be sent to the local legislators who have indicated interest in this issue, i.e., Assemblywoman Brewer, and Senator Johnson to let them know the City's position. A}ZAyes The motion to adopt Resolution No. 95 -132 was Res 95 -132 • voted on and carried. Council Member Edwards' suggestions in the foregoing were approved by acclamation, and Council Member Watt was designated as the Council representative to attend the IRWD meeting on December 4. CURRENT BUSINESS 19. Memorandum from Assistant City Manager, Balboa Pnsla Planning and Building Director regarding BALBOA Ping Cmte PENINSULA PLANNING ADVISORY COMMITTEE (24 ) VACANCIES. Motion x Confirmed appointment of Tim Collins as Co- All Ayes Chairman and Don Dabney as a new member. 20. Report from Chief of Police Bob McDonell Recreational concerning RECREATIONAL VEHICLE PARKING ON Vehicle Pkg PUBLIC STREETS AND MUNICIPAL PARKING LOTS. (85 ) Volume 469 - Page 535 CITY OF NEWPORT BEACH MINUTES ROLL CALL W 0:K ;WQ= a X } N W IMXZF °b3 J H November 27,1995 INDEX In summary City Manager Kevin Murphy, advised that staff proposes changes to modify the Oversized Vehicle Ordinance so that the definition of large motor vehicles would be changed from over 95" wide to over 84" wide. Also, the City currently allows parking permits, including Annual Master and Overnight Parking Permits, which are sold to park these vehicles in various locations including the City lots, it is recommended the ordinance be modified to restrict parking of such vehicles by excluding these parking permits on large motor vehicles as re-defined. Motion x Following discussion, Council Member Edwards All Ayes made a motion to direct staff to return to the Council with proposed (ordinance) changes to the Municipal Code relating to the parking of certain large motor vehicles and the authorized use of City parking permits by such vehicles. Council was advised that there already is a regulation in the Municipal Code that prohibits "sleeping in vehicles," and is enforced by the Police Department. Meeting adjourned In honor of Mary Wilkes Hedges (Mayor Hedges' newest daughter) at 11:18 p.m., and to December 8, 1995, to meet in closed session at 4:00 p.m. for the purpose of interviewing City Clerk candidates. The agenda for this meeting was posted on November 22, 1995, at 1:35 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: ' 3 •I iti SLu... t ,°,1 City �! Clerk P Volume 49 - Page 536