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HomeMy WebLinkAbout08/27/1984 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS p �{+ REGULAR COUNCIL MEETING \CA:��G �9 PLACE: Council Chambers � 9G TIME: 7:30 P.M. ROLL 9 %� �y �t DATE: August 27, 1984 MINUTES 11,1410n VA Present x x x x x x A. ROLL CALL. Absent x �on x B. The reading of the Minutes of the A17. Ayes Meeting of August 13, 1984 was waived, approved as written, and ordered filed. Motion x C. The reading in full of all ordinances All Ayes and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Hart opened the continued public U/P 3071 Hearing and City Council review of USE (88) PERMIT NO. 3071, a request of the NEWPORT BEACH TENNIS CLUB, to amend a previously- approved use permit which permitted the expansion of the operational characteristics of the existing Newport Beach Tennis Club. The proposal consists of the deletion of certain Conditions of Approval approved by the Planning Commission at its meeting of February 9, 1984. Property located at 2601 Eastbluff Drive, in the Bluffs, zoned R- 4 -B -2, PRD and C -N -H. Reports from the Planning Department, dated August 13, and August 27, 1984, • were presented. The City Manager summarized the staff report, noting that the Planning Department's inspection of the required fence installation on August 20, '1984, revealed that the fence was installed by the Tennis Club staff and its appearance is quite unprofessional. Some of the posts are not aligned, or solidly secured to the ground, and the chain link has been secured to the posts with bailing wire. The inspection further revealed that no ground cover has been installed in front of the fence, as illustrated on the approved plan, and the vertical portions of the irrigation system, in some cases, were being used to support the fence. During course of discussion, it was also pointed out that a Special Events Permit must be obtained from the City for larger tournaments authorized by the Use Permit; that Club tournaments will'be limited to eight in .number (35 days total); and that the Use Permit does not allow any temporary seating with the exception of the Adoption Guild Volume 38 - Page 262 CITY OF NEWPORT . BEACH COUNCIL MEMBERS \CA:ROLL p ss August 27, 1984 MINUTES im.13 J Tournament, which will have a limited U/P 3071 seating of 200. The Use Permit also • limits the types of tournaments. Gil Edelman, Vice President of North Bluff Villas Homeowners Association, addressed the Council and stated that they believe they need some isolation from the club. He stated that during two of the major events, which consisted of four weekends and eight days total, serious parking problems were created in the area, and that the streets were littered with beer cans and garbage. He also stated that their Association has been paying for a portion of the Club's watering system for approximately 10 years to maintain landscaping on the property. With respect to the new fence, he felt that appropriate vines could be added as a screening to enhance the appearance, and that the pathway through the fence should be sealed off during the eight problem days of tournament play. He stated that they would continue to pay to maintain the buffer area, but would like to be reimbursed by the Tennis Club for the cost of the water. Michael Clayton, Vice President /General Manager, Newport Beach Tennis Club, • addressed the Council and stated that he just returned from vacation and had not had an opportunity to view the newly installed chain link fence. He stated that, if the fence does not meet with the City's satisfaction, he will see to it that it is properly installed. They will also install concrete parking blocks so that vehicles do not hit the fence, as well as a gate, which will be kept closed during the Adoption Guild Tournament. With respect to parking during the Adoption Guild Tournament, Mr. Clayton stated that the Police Department did monitor the situation and found no problems. Regarding the fence, installation of concrete vehicle parking blocks, and a gate, Mr. Clayton indicated he felt he could complete the work within 60 days from this date. • Volume 38 - Page 263 CITY OF NEWPORT BEACH COUNCIL MEMBERS p pt`,p J°ip August 27, 1984 ROLL CAL MINUTES PTT# The City Attorney made reference to the U/P 3071 Conditions of Approval, noting that there is an existing condition regarding • the barrier between the club parking lot and Laver Way, which could be amended to reflect that installation of landscaping and construction of the barrier shall be approved by the Building or Planning Director. In addition, the City Attorney recommended that Condition No. 23 be amended to read that all perimeter landscaping shall be regularly watered, maintained and kept free from weeds and debris. And further, that a condition be added which requires vehicle stops shall be installed, subject to the direction of the Traffic Engineer, where ' appropriate to protect the fence. Mr. Clayton indicated that he agreed with the foregoing changes in the Conditions of Approval. Don Porter, 2345 Aralia Street, member of the Newport Beach Tennis Club and Eastbluff Community Homeowners Association, addressed the Council and stated that since last October, the club has met with seven homeowner groups in an attempt to resolve items of concern • to residents. Leonard Czarnowski, President, North Bluff Villas Community Association, addressed the Council and stated that the chain link fence was not installed at their request, but that it was offered on the part of the Tennis Club. He stated that the fence was to be green - covered with plastic. He also did not feel the fence should be removed, but properly installed. With regard to parking during the Adoption Guild Tournament, he stated that their Association hired guards to monitor the parking and that many vehicles were for being illegally parked. He .removed also explained that he did not feel their water system should be changed because of the difficulty. Hearing no others wishing to address the Council the public hearing was closed. • Volume 38 - Page 264 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL \CAL Motion All Ayes • u MINUTES August 27, 1984 INDEX )Tr 12208 3101 Perm#6 Mayor Hart submitted, for the record, notes of concern from the North Bluff Villas Community Association Board of Directors, which had been discussed with her and Council Member Heather this morning. x Following discussion, motion was made to modify the recommendation of the Planning Commission, amending Condition No. 23 as set forth in the foregoing by the City Attorney; adding Condition No. 36, which ;requires that the chain link fence be installed to the satisfaction of the City; wheel stops be installed to protect said fence; and a gate be installed at the entrance, which will be locked during the eight tournaments. In addition, Newport Beach Tennis Club to work out agreement with North Bluff Villas Homeowners Association regarding the maintenance of landscaping in the buffer area. Said improvements and agreement to be completed within 60 days from the date of this meeting. 2. Mayor Hart opened the public hearing and City Council review of: Tentative Map of Tract No. 12208 - TMa Request of WALE DEVELOPMENT CORPORATION, Irvine, to subdivide six existing lots into a single lot for residential condominium purposes on property located in the R -4 District, and the approval of an Environmental Document; AND Use Permit No. 3101 - Request of WALE U/P DEVELOPMENT CORPORATION, Irvine, to (88 permit the construction of a nine unit residential condominium development and related garages on property located in the R -4 District, at 303 Cypress Street on the Balboa Peninsula. The proposal also includes a modification to the Zoning Code so as to allow a 7'7" building encroachment into the required 11' 7" northerly side yard setback area; AND Residential Coastal Development Permit RCD No. 6 - Request of WALE DEVELOPMENT CORPORATION, Irvine, to consider a residential. coastal development permit for the purpose of establishing project compliance for a nine unit residential Volume 38 - Page 265 )Tr 12208 3101 Perm#6 L MEMBERS CITY OF NEWPORT BEACH August 27, 1984 MINUTES 3101/ r 12208/ Perm#6 condominium development pursuant to the Administrative Guidelines for the . implementation of the State Law relative to Low -and Moderate - Income Housing within the Coastal Zone. Report from the Planning Department, was presented. Ed Wale of the Wale Development Corporation, applicant, 17752 Mitchell Street, Irvine, addressed the Council and stated that he had read the staff report and had some concerns relative to wood- burning fireplaces, and the feasibility study regarding affordable housing. He also stated that many residents in the subject area feel his project is too dense, but.they do not realize that he could, pursuant to the Zoning Code, build more units than what he is requesting. With respect to the proposed fireplaces, Mr. Wale stated that it is not his intent to eliminate wood - burning fireplaces from his project even though it has been suggested by the Planning Commission, as noted on page 7 of the staff report. Pertaining to the affordable housing • issue, Mr. Wale stated that he is not being given any special aid for the one affordable unit he is providing in this project, and that he is providing it "under protest." He also feels that he, as well as other small builders in the City, are being discriminated against with respect to affordable housing. He urged approval of the project as requested. The Planning Director responded to Mr. Wale's remarks regarding the proposed fireplaces and the feasibility report by the Newport Economic Group. He also answered questions of the Council regarding the Mello Bill and affordable housing. Bob Shrimmer, 407 East Edgewater, addressed the Council and stated he felt the proposed density was too great due to the safety problems which exist on the Peninsula. He stated he would rather see duplexes than what is being requested. He also expressed his concerns relative to curb openings on • Cypress Street. Volume 38 - Page 266 3101/ r 12208/ Perm#6 Motion • x MEMBERS CITY OF NEWPORT BEACH Ayes x x x x Abstain x x •. MINUTES August 27, 1984 Mr. Wale addressed the Council again, and discussed his concerns with regard to the feasibility analysis done by The Newport Beach Economics Group. He also suggested that the City research its method in determining the affordability of a,project. Andy Peralez, 310 Fernando Street, Newport Bay Towers, addressed the Council and stated that the proposed project is too close to their development, and if wood - burning fireplaces are allowed, the smoke would interfere with the enjoyment of their property. He stated that their association had met with Mr. Wale, who agreed to install glass screens and gas log fireplaces. Mr. Wale also agreed to allow their group to control the landscaping on the northern boundary of the project. The Newport Bay Towers are located immediately north of the project. Hearing no others wishing to address the Council, the public hearing was closed. Following consideration, motion was made to sustain the recommendation of the Planning Commission, and approve the public curb cuts at Cypress Street, with the added condition that the garage doors be the type that open straight up, rather than into the alley way. Council Member Plummer stated that she was not going to oppose, or support this project because of the Mello Bill requirements regarding affordable housing, and therefore, will abstain from voting. Mayor Pro Tem Maurer invited Mr. Wale to contact him regarding Mr. Wale's concerns pertaining to the North Ford Project. In response to inquiry of Mr. Andy . Peralez of the Newport Bay Towers, it was noted that the motion did not include the requirement that applicant provide only non -wood burning fireplaces. The motion was voted on and carried. E. PUBLIC COMMENTS: None. Volume 38 - Page 267 3101/ r 12208/ Perm #6 COUNCIL MEMBERS n yes • • x CITY OF NEWPORT BEACH MINUTES August 27, 1984 F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: None. 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 84 -103 requiring vehicles travelling on Iris Avenue to stop at Fifth Avenue and directing the Traffic Engineer to install necessary signs therefor. (Report from Traffic Affairs Committee) (b) Removed from the Consent Calendar. (c) Removed from the Consent Calendar. (d) Resolution No. 84 -104 authorizing the issuance of "not to exceed" $65 Million aggregate principal amount of the City of Newport Beach, California floating /fixed rate health facilities revenue bonds (Hoag Memorial Hospital Presbyterian Project). (Report from the City Manager) 3. CONTRACTS /A.GREEMENTS: (a) Award Contract No. 2454 to D & H Perry, Inc., for $76,295 for Installation of Traffic Signals and Safety Lighting at the Intersection of Birch and Quail Streets and Modifications to Various Other Traffic Signals. (Report from Traffic Engineer - Public Works Department) (b) Award Contract No. 2455 to Intersection Management Systems, Inc., for $62,757 for Installation of Traffic Signals and Safety Lighting at the Intersection of Superior Avenue and Ticonderoga/ Nice Lane. (Report from Traffic Engineer- Public Works Department) Volume 38 - Page 268 Trfk Signs/ Stop /Iris & Fifth Ave Res 84 -103 (85) Hoag Mem Hosptl Prj/ Finance Res 84 -104 ('40) Trfk Sgnls/ Sfty Lgtg Birch &Quail C -2454 (38) Trfk Sgnls/ Sfty Lgtg Superior & Ticdrga /Nice C -2455 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS \CALROLL �'A Gsd' August 27, 1984 MINUTES INDEX (c) Award Contract No. 2431 to Thibodo Strm Drn/ Construction for $282,470 for Swr Rplcm Fernleaf Avenue Storm Drain and Fernleaf & • Dahlia Avenue Sewer Replacement; Dahlia and authorize the Mayor and City C -2431 Clerk to execute said.contract (38) (Report from Public Works Department) (d) Award Contract No. 2453 to Armenco Andersen Construction Company for $23,946.53 Schl Rnvtn regarding Andersen School Athletic C -2453 Field Renovation; and authorize the (38) Mayor and City Clerk to execute said contract. (Report from Parks, Beaches and Recreation) (e) Removed from the Consent Calendar. 4. COMMUNICATIONS - For referral as indicated: (a) To Pending Legislation and Legislation Procedural Ethics Committee, (48) suggested resolution from Bowers Museum President, and the Chinese American Council Chairman in Recognition and Commendation of the Chinese Railroad Building Pioneers. (b) To Business License /Finance Bus Lic Department for response, request (27) • from Darlene Copple of Signature Fine Arts, Inc., for waiver of delinquent Business License fee, alleging they never received initial notice. (c) To Planning Department for Annexation/ inclusion in the records, SAna Hghts signatures of the Board and (21) residents of Little Balboa Island Property Owners Association in support of Santa Ana Heights Annexation, as proposed by SPON. (d) To staff for report back, Corona Parking del Mar Chamber of Commerce (63) suggested action regarding their parking meter survey during the month of June, 1984. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Environmental Management Agency bulletin, regarding Old Courthouse Park /Harbors and Navigation Code Hearing. Volume 38 - Page 269 CITY OF NEWPORT BEACH COUNCIL MEMBERS c+ 9L s d N q \CAtROLL F� p August 27, 1984 MINUTES INDEX (b) Copy of letter to Orange County Board of Supervisors from George M. Crall, commenting on the John Wayne • Airport Master Plan; Santa Ana Heights Land Use Compatibility Program; and EIR No. 508 and Environmental Impact Statement. (c) Orange County Local Agency Formation Commission Minutes of August 1, 1984. (d) Orange County Division, League of California Cities Minutes of April 12, May 10, notice of August 16, 1984 General Meeting with Tentative Agenda. (e) Group 'W. Cable, Inc., regarding application before the Federal Communications Commission - Supplementary "Attachment A, "Supplement to Petition for Special Relief, Reply, Supplementary Affidavit, Erratum; and Opposition to Petition for Special Relief, and Erratum from K1HS -TV Channel 46. Note: After the agenda was printed, Opposition to Petition for Special Relief from the Los Angeles Unified School District, licensee . of Station KLCS -TV, Channel 58; and Reply from Group W Cable regarding Commission's requirements for carriage of television broadcast station KIHS, Channel 46, was presented. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Dale Bixler for property damage to Bixler his sprinkler system resulting in water leakage, alleging that City work crews removed section of sidewalk during the week of July . 30, 1984, at 1221 Pembroke Lane. (b) William E. Freedman for property Freedman damage, alleging his vehicle was backed into by City Police vehicle on June 23, 1984, at Island Avenue, north of Bay Street. Volume 38 - Page 270 • • 0 CITY OF NEWPORT BEACH MINUTES August 27, 1984 (c) Grant S. Healey for personal injuries, alleging that a dangerous condition existed as a result of City allowing excess water to run and accumulate on a public roadway causing claimant's motor vehicle to skid and turn over in the vicinity of Ebbtide Road, approximately 498 feet south of Crown Drive on May 13, 1984. (d) Ronald Richard Hollis for personal injuries as a result of being struck by a moving vehicle, alleging insufficient lighting on Balboa Boulevard on July 4, 1984. (e) Bruce Nolan Jankovics alleging brutality and emotional distress as a result of arrest on May 8, 1984.. (f) Kurt Hilton Reinhold for alleged unfair treatment by City Police at the City beaches on August 17, 1984. (g) Alexandra Shaffer for property Shaffer damage as a result of involvement in accident with City truck making a right turn at Acacia and Pacific Coast Highway on July 20, 1984. (h) Southern California Edison Company SoCAEdison for property damage alleging concrete pull box lid and inner lid broken by construction crew working in street at 3849 Campus Drive on June 29, 1984. 7. SUMMONS AND COMPLAINTS - For denial and 1(36) confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO FILL PERSONNEL VACANCIES: �(66) (Report from the City Manager) (a) Approve one Police Clerk I, Police Department. (b) Approve one Equipment Operator 1I, General Services Department. Volume 38 - Page 271 COUNCIL MEMBERS • • • CITY OF NEWPORT BEACH MINUTES August 27, 1994 9. STAFF AND COMMISSION REPORTS: For Council information and approval - (a) Copy of letter from the City urrsnore Attorney in response to the County Oil /Outr of Santa Cruz for financial Cntntl Shlf CONTINENTAL participation in OUTER CONT (87) SHELF LOCAL GOVERNMENT COORDINATION PROGRAM. (b) Report from the Planning Department iring regarding letters from Perry Cafe McLelland and John Harrison . (68) protesting LIVE ENTERTAINMENT AT THE STUDIO CAFE in Corona del Mar. (c) Memorandum from Executive Assistant regarding ARTS COMMISSION OFFICERS FOR FISCAL YEAR 1984 -85. 10. PUBLIC HEARING SCHEDULING - For September 10, 1984: (a) USE PERMIT NO. 3048 (Revocation) - Report from the Planning Department regarding a recommendation of the Planning Commission on August 9, 1984, to consider the revocation of .USE PERMIT N0. 3048, which permitted the establishment of a temporary handwashing, waxing, and auto detailing facility in portable structures on property located at 2166 East Coast Highway on. the northerly side of East Coast Highway between Newport Center Drive and MacArthur Boulevard, in Newport Village; zoned P -C. 11. BAYFRONT BULKHEAD SEALING, SIDEWALK AND PAVEMENT GROUTING (C -2448) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. on September 13, 1984. (Report from Public Works Department) 12. HARBOR PERMIT APPLICATION 11172 -831 -.. Allow the float to remain in its current position subject to the conditions imposed by the Tidelands Affairs Committee for application by Jeannette B. Hennings to preserve a nonconforming float bayward of 831 Via Lido Soud. (Report from Tidelands Affairs Committee) Volume 38 - Page 272 Arts Cmsn/ '84 -85 Ofcrs (24) A 3048(R) Bayfront Bulkhd Slg/ Sdwlk Pvmt Grtg C -2448 (38) Harbor Perm 11172 -831 (51) • • CITY OF NEWPORT BEACH Motion x Ayes x x x x x Abstain x • MINUTES August 27, 1984 13. HARBOR PERMIT APPLICATION #124 -3400 - Approve the application subject to the conditions listed in the staff report for application by Duncan McIntosh to temporarily revise a section of the commercial docks at Lido Village. (Report from Marine Department) 14. PLANNING COMMISSION - Accept with regret, resignation of Jerry King from the Planning Commission, effective September 1, 1984 (Clerk's office to post vacancy notice). 15. BUDGET AMENDMENTS - For approval: BA -019 - $60,000 Increase in Budget Appropriations for replacement of totally damaged packer; General Services - Refuse Fund. BA -020 - $10,000 Increase in Budget Appropriations and Revenue Estimates to. provide for construction of sewer main through Begonia Park /Contribution from Gfeller Development Company (Fernleaf Avenue Storm Drain /Dahlia Avenue Sewer Replacement C- 2431); Contributions Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Planning Department recommending the Mayor and City Clerk be authorized to execute an agreement with consultant for the preparation of the CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC AREA PLAN, was presented.' In response to questions raised by Council Member Heather, the Planning Director stated that the consultant for this project was selected on the basis of the proposal which was submitted and the presentation which was made to the Planning Department staff, including a reference check. He stated that there were seven proposals submitted, and that this proposal was not the lowest. Council Member Heather stated that she will abstain from voting on this item because of her concerns. Motion was made to authorize the Mayor and City Clerk to execute an Agreement with Consultant for the preparation of . the CANNERY VILLAGE /MCFADDEN SQUARE SPECIFIC AREA PLAN. Volume 38 - Page 273 Perm (51) Cmsn (24) (25) Cannery Vlg /McFdn Sq Spcfc Pln & Arroyo Grp C -2460 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS 9 m G+�� `G� A�9 'y G ROLL CAL �P ;�9 �� August 27, 1984 MINUTES INTWI1 2. Report from Traffic Engineer - Public PW /Bicycle Works Department with proposed Trl Back resolution establishing a one -way Bay Dr • bicycle trail.on Backbay Drive in a (74) southerly direction between Eastbluff Drive and San Joaquin Hills Road; and proposed resolution closing Backbay Drive between San Joaquin Hills Road / Eastbluff Drive from one hour after sunset to one hour before sunrise daily, were presented. Gene Waggoner, 2573 Elden, Costa Mesa, addressed the Council and suggested that consideration be given to lowering the speed limit from 25 MPH to 15 MPH on Back Bay Drive, between San Joaquin Hills Road and Eastbluff Drive. He also stated that since installation of the bikeway, pedestrian traffic does not have a designated area in which to walk /jog, etc. Following discussion, and there being no objections, the Traffic Affairs Committee was requested to review and report back, as soon as possible, on the feasibility of lowering the speed limit to 15 MPH and designating the southbound bike area for pedestrians. on x Motion was made to defer action on Ayes proposed resolution establishing a one -way bicycle trail on Back Bay Drive and San Joaquin Hills Road, to September 10, 1984. Motion x Motion was made to receive and file Ayes x x x x x proposed resolution closing Back Bay Noes x Drive, between San Joaquin Hills Road and Eastbluff Drive from one hour after sunset to one hour before sunrise daily. H. ORDINANCES FOR ADOPTION: 1. Proposed URGENCY ORDINANCE NO. 84 -19, Fortune being, Telling/ Ofns & Nuisi AN ORDINANCE OF THE CITY OF NEWPORT Ord 84 -19 BEACH REPEALING CHAPTER 10.18 OF (27) THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FORTUNE TELLING AND SIMILAR ARTS, AND 2. Proposed URGENCY ORDINANCE NO. 84 -20, Fortune Tel@ being, Moratorium Prhbtn Ord 84 -20 • (27) Volume 38 - Page 274 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL GR ®LL y�pF�9G°p6p August 27, 1984 MINUTES IR Ti A AN ORDINANCE OF THE CITY OF NEWPORT Fortune • BEACH ADOPTING A MORATORIUM PROHIBITING THE USE OF PROPERTY Telling WITHIN THE CITY FOR FORTUNE TELLING PURPOSES PURSUANT TO SUBSECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE, were presented for introduction and adoption, with a report from the Assistant City Attorney. It was recommended in the subject report that the City Council amend the Municipal Code to be consistent with a court of appeal, which invalidated a similar ordinance in another city. It was further suggested in the report, that the City Council may wish to direct the Planning Commission to consider a zoning study to determine where fortune telling would be an appropriate land use, and which can be accomplished by the adoption of an urgency ordinance imposing a moratorium on fortune telling, activities, pending a Planning Commission study. Neil Schwartz, Attorney, 440 E. La Habra Boulevard, La Habra, addressed the Council and stated that he was • representing Barney Todorovich, who has been in the fortune telling business in La Habra since 1948. He stated that Mr. Todorovich is interested in engaging in a similar business in the City of Newport Beach, and they believe there are methods in which the City can control this type of business, such as the posting of surety bonds, police background checks, etc. Mr. Schwartz also stated that he was in support of the proposed ordinance adopting a moratorium prohibiting fortune telling activities, pending a Planning Commission study. Motion x Motion was made to introduce and adopt All Ayes Urgency Ordinance No. 84 -19, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING CHAPTER 10.18 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO FORTUNE TELLING AND SIMILAR ARTS. • Volume 38 — Page 275 COUNCIL MEMBERS INXO O \V Motion A6yes Motion All Ayes • x MINUTES August 27, 1984 Motion was made to introduce and adopt Urgency Ordinance No. 84 -20, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH ADOPTING A MORATORIUM PROHIBITING THE USE OF PROPERTY WITHIN THE CITY FOR FORTUNE TELLING PURPOSES PURSUANT TO SUBSECTION 65858 OF THE CALIFORNIA GOVERNMENT CODE. I. CONTINUED BUSINESS: 1. Memorandum from the Tidelands Affairs Harbor Perm Committee regarding HARBOR PERMIT 1i 129 -2505 APPLICATION #129 -2505, request of Turnstone TURNSTONE CORPORATION to revise the commercial docks bayward of 2505 and 2507 West Coast Highway, was presented. Motion was made to approve the subject application, subject to the Conditions of Approval listed in the original staff report dated August 13, 1984, and Conditions 1 through 3 in the letter from the South Shore Yacht Club, dated August 23, 1984. J. CURRENT BUSINESS: 1. Report from Traffic Engineer - Public Traffic/ Works Department regarding BUS SHELTERS, Bus Shelters was presented. (85) The City Manager noted that at the study session of July 9, 1984, Inter -City Shelters, Inc., made a presentation proposing a pilot program of bus shelters with advertising. A similar presentation was made on August 13, by Target Media. Subsequently, the City Council requested a report on the various options for providing either bus benches or shelters. The following alternatives were presented: (a) Direct staff to make application to the Orange County Transit District to participate in their grant program to purchase bus shelters; (b) Direct staff to institute an expanded program of providing bus benches; (c) Direct staff to prepare an agreement with Inter -City Shelters, Inc., for a pilot program of shelters with advertising; or (d) Direct staff to solicit specific proposals from all interested companies that market shelters with advertising. Volume 38 - Page 276 MEMVERS CITY OF NEWPORT BEACH August 27, 1984 MINUTES Shelters It was pointed out that, in the staff's opinion, the proposal by Inter -City Shelters, Inc., is marginally superior • to that of Target Media, due to the higher guaranteed revenue, the additional benches to be provided, and the higher quality benches used. Jean Le Royer, President of Inter -City Shelters, Inc., addressed the Council and stated that they would be providing the City with 35 bus benches in areas where there are no bus shelters. The benches would not have any advertisement and there would be five in each Councilmanic District. They would also maintain these benches. During discussion, it was noted that this would be a one -year pilot program. Motion x Motion was made to direct staff to prepare an agreement with Inter -City Shelters, Inc., for a pilot program of shelters with advertising. Council Member Strauss indicated he felt the City should advertise for additional bidders. Anthony Mollicone, General Manager, Target Media, addressed the Council and • stated that their firm would be giving the City more revenue than Inter -City Shelters over the trial period. They also would be willing to provide bus benches throughout the City if given the opportunity. Motion x Following remarks by Council Member Ayes x x x Plummer, motion was made to direct staff Noes x x - x to solicit specific proposals from all interested companies that market shelters with advertising, which motion FAILED. Ayes x x x The original motion on the floor was Noes x x x voted on and FAILED. Motion x In view of the foregoing, motion was made to direct staff to institute an expanded program of providing bus benches and solicit specific proposals from all interested companies that market shelters. Mayor Hart stated that in making the motion, this would give the City an opportunity to review those areas where bus shelters are needed, but not necessarily with advertising. Volume 38 - Page 277 Shelters CITY OF NEWPORT BEACH COUNCIL MEMBERS • All Ayes 1, 11 u Motion Ayes Noes I x I I x Ix Ix Ix x ix E MINUTES August 27, 1984 The City Manager pointed out that Alternative (d), as set forth above, would assume advertising on most of the bus shelters; Alternative (a) would have no advertising. The motion was voted on and carried. 2. Letter from Madeline J. Seymour Trfc /Stop appealing the decision of the.Traffic Sign 49th & Affairs Committee regarding rejection lRiver for request of stop sign at 49th Street (85) and River Avenue, was presented. Madeline Seymour, 4901 River Avenue, addressed the Council in support of her appeal. She submitted a copy of the Newport -Mesa Unified School District Bus Schedule, which showed that school buses stop at River and 49th Street twice a day. She stated that River Avenue and 49th Street is a very dangerous intersection, and that since Seashore Drive became one -way, River Avenue has become a major thoroughfare. It was noted that the Traffic Affairs Committee had examined traffic counts for 49th and 51st Streets at River Avenue, and determined that neither intersection warranted a stop sign. Bill Hollenbeck, 4904 River Avenue, representing Lido Sands Homeowners Association, spoke in support of a stop sign, and stated their Association really felt it was necessary. Following comments, motion was made to overrule the decision of the Traffic Affairs Committee. 3. Report from Off- Street Parking Committee regarding ACQUISITION OF LOTS IN CANNERY VILLAGE, was presented. Council Member Agee, Chairman, . Off - Street Parking Committee, summarized the subject: report and presented the Committee's recommendations as follows: (a) That the staff be authorized to negotiate with the Assistance League, the use of their lots by the City for public parking purposes; Volume 38 - Page 278 Prkg Rstr/ Acq Prpty Cannery Vlg (63/73) CITY OF NEWPORT BEACH COUNCIL MEMBERS .7 O� \%p ROLL CAL August 27, 1984 MINUTES INDEX (b) That an appraisal be authorized to determine the value on the three adjacent lots to the Assistance • League with said appraisal being used to initiate negotiations for City acquisition. Motion x Following discussion, motion was made to approve the recommendation of the Committee, as set forth in the foregoing. Motion x Substitute motion was made to approve Ayes x the Committee's recommendations, as set Noes x x x x x forth in the foregoing, with the deletion of the language after the word "League" in recommendation (b), which motion FAILED. Ayes x x x x The original motion was voted on and Noes x x carried. 4. ARTS COMMISSION VACANCY: Arts Cmsn (24) Motion x Motion was made to accept the All Ayes recommendations of the City Council Appointments Committee and nominate the following to fill the unexpired term of Patricia Kendrick, ending June 30, 1986: • Robert M. Allen AND Carolyn Slayback 5. Report from City Council Appointments Cncl Plcy Committee to amend SECTION 4 E. OF (69/33) COUNCIL POLICY A -10 "PROCEDURAL RULES FOR THE CONDUCT OF THE CITY COUNCIL MEETINGS," was presented. The City Attorney stated that his office did some research on this.issue recently, wherein it was found that the Brown Act does not expressly prohibit the use of secret ballot to elect an appointee to a committee in an open. meeting. There is also no California decision that prohibits such a practice. However, there is an Attorney General .Opinion which concludes that such a practice does violate the Brown Act, and he felt that if the City were litigated in California, the Appellate Court would rely on the opinion of the Attorney General. • Volume 38 - Page 279 CITY OF NEWPORT BEACH COUNCIL MEMBERS s� y`-o G � �d9�+ 9 G `'s August 27, 1984 ROLL MINUTES 1M&T3'1 In view of the foregoing, it was Cncl Plcy recommended by the City Attorney that Council Policy A -10 remain as presently • written, and that the Council discontinue their practice of voting secret ballot to select appointees. Council Member Strauss pointed out that Council Policy A -10, Section 4 E has been in effect since 1977 when it was adopted unanimously on a motion by Council Member Ryckoff. Mr. Strauss also cited remarks made by City Attorney Dennis O'Neil in a memorandum on this subject, dated November 28, 1977. Mayor Hart noted that in 1977 when nominations were considered, only one name was submitted, and not two names, as is presently done. Motion x Motion was made to disallow the proposed Ayes x x x amendment, which motion FAILED. Noes x x x Motion x Motion was made to approve the Council Ayes x x x Policy change as submitted, which motion Noes x x x FAILED. Motion x In view of the foregoing, motion was yes made to continue this item to September 10, 1984. K. ADDITIONAL BUSINESS: Motion x 1. Motion was made to direct the City Eastbluff All Ayes Manager to write a letter to the School Newport -Mesa Unified School District, Prpty advising that the City Council will be reviewing new information regarding the vacated Eastbluff School at its -- September 10, 1984 meeting, which may change the City's position regarding the disposition of Eastbluff School. 2. John Sipple, 452 Seaward, Corona del Recreatnl Mar, addressed the Council and requested Veh Pkg permission to speak at this time. Motion x Motion was made to grant Mr. Sipple All Ayes three minutes. Mr. Sipple stated that there are approximately 400 recreational vehicle motor homes in the City with only 147 storage spaces available, and inasmuch as the City has an ordinance regulating the parking of such vehicles, he • requested this problem be reviewed. Volume 38 - Page 280 CITY OF NEWPORT BEACH COUNCIL MEMI3ERS MINUTES \CALROLL August 27, 1984 INDEX Mayor Hart indicated that she would contact Mr. Sipple to discuss this issue further. The meeting adjourned at 11:10 p.m. Mayor J�TTET: City Clerk • Volume 38 - Page 281