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HomeMy WebLinkAbout12/13/1993 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES REGULAR COUNCIL MEETING C'p TIME: 7:00 Council P.M. Chambers ��j J f. TIME: 7:00 P. S DATE: December 13, 1993 CRLL Present I x 1 x Motion Ayes X Abstained x M n A yes Motion All Ayes • • X X X X X X x x x X X x I ROLL CALL i x Reading of Ninutes of Meeting of November 22, 1993 was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. CONSENT CALENDAR The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Pass to 2nd reading on January 10, 1994: 1. Proposed ORDINANCE NO. 93 -27, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROVIDING FOR A MUNICIPAL COMPLIANCE OFFICER. [Refer to Budget Amendment No. 019 and Memorandum from the Seashore - Oceanfront Comprehensive Plan Executive Steering Committee] RESOLUTIONS FOR ADOPTION 2. Removed from the Consent Calendar. 3. Resolution No. 93 -93 authorizing membership in the ORANGE COUNTY AUTO THEFT TASK FORCE. [Memorandum from Police Chief] 4. Resolution No. 93 -94 establishing a NEWPORT ELEMENTARY SCHOOL PARKING PERMIT. [Memorandum from Offstreet Parking Committee] 5. Removed from the Consent Calendar. CONTRACTS AND AGRBEMEATS 6. CITY/COUNTY NEWPORT HARBOR JOINT POWERS MOORING AGREEMENT - Execute a 5-year extension to CONTRACT NO. 2241/ 0;9 POWERS AGREEMENT FOR MOORING ADMINISTRATION IN NEWPORT HARBOR. [Report from Marine Director] 7. COOPERATIVE AGREEMENT FOR COORDIINATION OF PERMITTING BETWEEN THE STATE OF CALIFORNIA AND THE CITIES OF ORANGE COUNTY - Execute subject agreement for coordinated permit processing. [Report from Planning Department] 8. 1993 -94 SIDEWALK AND CURB AND COTTER REPLACEMENT PROGRAM AND LIDO ISLE SIDEWALK REPLACEMENT, PHASE I (CONTRACT NO. 2769) - Award Contract No. 2769 to O'Keefe Engineering, Inc., for the total price of $209,878.50; approve Budget Amendment No. 020 to fund the Lido Isle Community Association's portion of the award. [Report from Public Works Department] Volume 47 - Page 328 Ord 93 -27 Muni Compl Ofcr (53) 0/C Auto Theft Tsk Force (70) Res 93 -93 Parking/ Offstreet Res 93 -94 (85) 0 /C -Npt Hrt Jt.Pwrs Moorg Agm C -2241 (38) CA State/ 0/C Cities Permitting C -2969 '93 -94 Side Gtr Rplcm C -2769 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS �� S � December 13, 1993 ROLL CRLL • • MINUTES INDEX PCH Wdng/ Baysd - jamb,. C -2711 (38) Utilities Yrd Expnsn Prj /Ph II C -2962 (38) (66) (36) IPA 93 -3(B) (45) 9. COAST HIGHWAY WIDENING, BAYSIDE DRIVE TO JAMBOREE ROAD (CONTRACT NO.2711)/FEDERAL AID URBAN PROJECT M -5001 (43) - Staff to execute change order for the subject project in the amount of $215,500 for settlement in full of all outstanding claims by Griffith Company; and approve Budget Amendment No. 021 to transfer unappropriated Water and Federal Aid Urban Funds to the Coast Highway Widening Project. [Report from Public Works Department] 10. Removed from the Consent Calendar. 11. Removed from the Consent Calendar. 12. UTILITIES YARD EXPANSION PROJECT - PHASE II GROUNDWATER DEVELOPMENT PROJECT CONTRACT NO. 2962/1OUGH GRADING, TEMPORARY ENBANR!ffiNT CONSTRUCTION A STORM DRAIN RELOCATION - Find that the lowest bidder, Southern California Sandbags can meet the requirements for completing the proposed contract work and declare them the low bidder and award Southern California Sandbags the contract in the amount of $41,383. [Report from Utilities Department] 13. PERSONNEL VACANCIES - Reports from Personnel Director; Public Works Director; and General Services Director. 14. CLAIMS - For Denial by the City Manager Marsha Leslie Evans alleging personal injuries as a result of fall into hole that was next to meter in rear alley behind 421 Belvue Lane on October 15, 1993. Ann Nai alleging City tree fall on her car at Seaview and Poppy Avenues on November 14, 1993. Richard Nelnyk alleging false arrest, etc., on September 29, 1993 by Newport Beach Police Department. Nercury Insurance Company for Lisa A Bruey alleging damage to vehicle as a result of running over piece of roadway dislodged from manhole on Irvine Avenue and 1 Private Road on June 17, 1993. Southern California Gas Company seeking indemnity from claim filed by Susan Iannitti on February 2, 1993 (trip and fall at 615 Goldenrod). 15. POBLIC HEARING SCHEDULING - January 10, 1994. A. General Plan Amendment No. 93 -3(B) - Request to amend the Land Use Element of the General Plan to redesignate the PacTel Site from a mixture of Retail and Service Commercial and Administrative, Professional and Financial Volume 47 - Page 329 INDEX PCH Wdng/ Baysd - jamb,. C -2711 (38) Utilities Yrd Expnsn Prj /Ph II C -2962 (38) (66) (36) IPA 93 -3(B) (45) CITY OF NEWPORT BEACH gCOUNCIL MEMBERS December 13, 1993 Commercial to General Industry and increase the allowable development entitlement from 20,000 sq.ft. to 110,600 sq.ft. so as to allow development of a mini - storage facility in the North Ford Planned • Community District; AND B. Amendment No. 790 - Request to amend the North Ford Planned Community District Regulations so as to redesignate Site 2a from Light Industry-Office- Commercial /Industrial to General Industry and increase the additional allowable square footage from 20,000 sq.ft. to 110,600 sq.ft. and to amend the District's standards to incorporate appropriate language so as to accommodate provisions to regulate the proposed mini - storage facility in the North Ford Planned Community District; AND C. Traffic Study No. 91 - Request to approve a Traffic Study so as to allow the construction of a 110,600- square -foot mini - storage facility in the proposed General Industry Site 2a of the North Ford • Planned Community. [Report from Planning Department] 16. OLD BALBOA ISLAND FIRE STATION /323 MARINE AVENUE - Authorize City Manager to execute listing agreement with Waterfront Homes, Inc., to sell subject property for an asking price of $400,000 with a 4.758 commission. [Memorandum from Deputy City Manager] 17. OFFSITE PARKING AGREEMENT/USE PERMIT N0. 3076(AM MED) - Request to amend a previously approved off -site parking agreement approved in conjunction with Use Permit No. 3076 which allowed the establishment of the Newport Landing Restaurant on property located in the RSC -R District. The proposed amendment to the off -site parking agreement involves the reallocation of parking between the Edgewater Place Development and the Newport Landing Development so as to be consistent with the most recent amendments to Use Permit No. 3076 (Edgewater Place) and Use Permit No. 3122 (Newport Landing) which were approved by the Planning Commission on November 4, 1993. Newport Landing Site: 503 Edgewater Place in Central Balboa; • Offaite Parking Site: 309 Palm Street, between Palm Street and Adams Street, in Central Balboa. [Report from Planning Department] Volume 47 - Page 330 MINUTES (94) 790 91 Old Bal Fire Sta C -2970 (38) U/P 3076(A) (88) COUNCIL MEMBERS ROLL CRL \��� \� 0 CITY OF NEWPORT BEACH December 13, 1993 18. SAN DIEGO CREEK REGIONAL TRAIL BICYCLE BRIDGE OVER BONITA CREEK (CONTRACT NO. 2900) - Accept the work, authorize the City Clerk to file a Notice of Completion; authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 19. 1992 -93 STREETS AND MISCELLANEOUS SLURRY SEAL AND RESURFACING (C -2938) - Accept the work; authorize the City Clerk to file a Notice of Completion; and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 20. DENY APPLICATION OF MANOUCH NOSHAYEDI - To construct an additional curb opening with less than a 20 foot separation and the total width for all openings in excess of 50% of property width at 4805 River Avenue /227 48th Street, in Newport Beach. [Report from Public Works Department] NOTE: Refer to Minute Pages 354 -356 for reconsideration of the recommended action above. SPECIAL EVENTS APPLICATIONS - Approve the following applications, subject to conditions in the staff report from the Revenue Manager, Finance Department: 21. Application No. 93 -439 - Request for outdoor amplified sound in residential area on Saturday, December 18, 1993, for birthday party from 7:00 p.m. to 1:00 a.m. at 1707 E. Bay Avenue, Balboa. 22. Application No. 93 -459 - Request for the 2nd Annual New Years Eve Fireworks Display at the Newport Dunes, Friday, December 31, 1993 from 8:00 - 8:15 p.m. 23. BUDGET Alffi ®N8NT8 BA -018, $2,876 - To help fund the Orange County Human Relations Commission's HUMAN RELATIONS COUNCIL FOR FISCAL YEAR 1993 -94. [Memorandum from Deputy City Manager] RA-019, $25,000 - To hire a temporary Municipal Compliance Officer in the City Manager's office to help enforce existing codes and regulations in the SEASHORE - OCEANFRONT ARRA. [Refer to report with Agenda Item No. 11 BA -020, $29,475 - For LIDO ISLE SIDEWALK REPLACEMENT (CONTRACT NO. 2769) representing the Lido Isle Community Association's portion of estimated work to be done; the actual portion of work performed for LICA will be reimbursed to the City per agreement to be executed prior to award of contract. [Refer to report with Agenda Item No. 81 Volume 47 - Page 331 MINUTES INDEX SDiego Crk Reg Trl/ Bic Brdg C -2900 (38) '92 -93 Sts Misc Slury Seal Rsrf. C -2938 (38) (65) (27) Apl 93 -439 Apl 93 -459 (40) COUNCIL MEMBERS MR-411\0 ° °M& • Motion All Ayes • CITY OF NEWPORT BEACH December 13, 1993 RA -021, $68,457.54 - Claim settlement for COAST HICH]FAY WIDENING PROJECT, CONTRACT NO. 2711. [Refer to report with Agenda Item No. 9] RA -022, $59,241.22 - Claim settlement for Coast Highway Project, CONTRACT NO. 2711. [Refer to report with Agenda Item No. 9] RA -023, Removed from the Consent Calendar. RA -024, $15,000 - To provide for the cost of reconnecting service connections for a limited number of hardship cases. [Refer to report with Agenda Item No. 24] Agenda Item No. 2. 5. Proposed Resolution declaring results of NOVEMBER 2, 1993 ELECTION. Ron Hendrickson, 1991 Port Claridge Place, addressed the Council regarding the status of the Agreement between the City and Newport Conservancy for reimbursement of the costs incurred for the Measure A election on November 2, 1993. He stated it was his understanding that the invoice from the County would be mailed to the City the latter part of January 1994, and he was hopeful the subject Agreement would be executed by that time. The City Manager pointed out that the City, through the course of the Measure A proposal, undertook several steps on behalf of the Conservancy such as: 1) preparation of an updated appraisal of the parcels in question, which cost has been fully reimbursed to the City; 2) preparation of a feasibility report, which has also been fully repaid to the City; and 3) cost of the election. He stated that in conversations with the City Clerk, he was advised that in past years, the County has taken approximately six months to bill the City for previous election costs, but that an Agreement was forwarded to the Conservancy in mid - November to cover the election costs. However, a signed document has not been returned as yet due to some principle office holders being on vacation. In view of the foregoing, motion was made by Council Member Hart to adopt Resolution No. 93 -92. Proposed Resolution approving Cost -of- Living increase for CITY CLERK. At the request of Council Member Sansone, the City Manager clarified the proposed additional 5$ step increase for employees at the top step of their salary range as referenced in his memorandum, effective April 1, 1994. Volume 47 - Page 332 MINUTES INDEX Election (39) Res 93 -92 (66) COUNCIL MEMBERS INEW • Motion All Ayes • Motion a X I�Mm� CITY OF NEWPORT BEACH XI XI XI XI XIXIX December 13, 1993 Council Member Sansone stated that he did not want to appear inconsistent inasmuch as he voted against the same cost -of- living increase for management and key employees at the last Council meeting. However, in this particular case he wanted to point out to the public that the City Clerk's office consists of three employees, including the City Clerk who does not just work in a total supervisory capacity, and as a result of audits performed in the past, including his personal knowledge of the particular department, he felt the raise is warranted. Therefore, motion was made to adopt Resolution No. 93 -95. 10. Report from Utilities Director and Finance Director regarding WATER REVENUE BORDS /GROUNDWATER FROJRCT FINANCING - Requesting approval to proceed with the issuance of Water Revenue Bonds; retain the services of Stradling, Yocca, Carlson do Rauth for Bond Counsel; and the services of Meridian Trust Company as trustee for sale of the Bonds. Council Member Hart stated she was not opposed to the groundwater project, however, she would prefer to continue with the current policy of "pay as you go" rather than incurring debt financing, and therefore, will not be supporting approval of the revenue bonds. She presented additional language she would like the City Council to approve as a covenant on the bond documents as follows: "The City hereby covenants that all monies deposited in the water fund reserve shall be retained therein and shall be expended only for water fund purposes, administrative expenses attributed to the water fund, and expenses resulting from any natural disaster." Discussion ensued with regard to the reference of "administrative expenses" in the above, wherein the City Manager clarified the purpose, and advised that the proposed language was prepared by the bond counsel and approved by the utilities Committee. Council Member Sansone pointed out for the benefit of those people not familar with this project that there is nothing in the proposed bond issue that will require water rate raises; the bonds will be self- supporting; and the City will collect interest on the reserve that it has which will be sufficient to meet the debt obligation. There being no further comments, motion was made by Council Member Sansone to approve the sacommended action contained in the staff report, and the additional language suggested by Council Member Hart. Volume 47 - Page 333 IWT01111113M INDEX Res 93 -95 Water Revenue Bond Fin C -2971 (38) E Motion • E COUNCIL MEMBERS X CITY OF NEWPORT BEACH December 13, 1993 11. Memorandum from the Fire Chief regarding EMERGENCY AMBULANCE TRANSPORTATION SERVICES - Recommending agreements be executed with Sealson, Inc., to serve as the City's primary emergency ambulance transportation services provider, effective January 1, 1994; and Schaefer Ambulance Service to serve as the City's secondary emergency ambulance transportation services provider, effective January 1, 1994. Notion was made by Council Member Hedges to defer action on this item to January 10, 1994, to allow staff to review and respond to questions raised in the letter just received from Superior Ambulance, and to give an opportunity for the ambulance interview panel to complete financial disclosure forms. In response to Council inquiry, the City Attorney advised that his office has not researched the specific issues raised in the subject letter; however, they did review some of the "anti - kickback" provisions of the Federal law when the City was contemplating the issuance of a franchise and receiving fees, and once the fee provisions were eliminated they felt there were no further Federal law violations that could involve the City. He also does not believe there is any violation with respect to Medi -Care statutes, but he has not discussed this issue with the author of the subject letter. William Weston, representing Superior Ambulance Company, addressed the Council and referenced his letter dated this date. He summarized in part as follows: "The subject of "anti- kickback" sections of the Social Security Act, and Nadi - Care fraud statutes were addressed at the City's pre -bid conference which was conducted by Chief Riley and all bid participants were in attendance. At that time, the Chief stated he would take these issues under advisement, would seek representation with the City Council and notify the providers as to his findings. Approximately two weeks later, bidders were notified that the requirement for providing free transportation of injured City employees would be deleted from the request for proposals as well as other sections. As a result, their concern tonight is that these issues were to be removed from the proposal. However, one bidding company was able to secure the Chief's recommendation for award of the contract that did address these items in their bid, and therefore, a very definite violation of the "anti - kickback" provisions has occured. Prior to awarding the agreements recommended on the agenda, he would like the City's legal counsel to re- evaluate this matter. Volume 47 - Page 334 MINUTES INDEX Emergency Ambulance Services/ Sealson & Schaefer C -2972 (38) COUNCIL MEMBERS �� ROLL CHLL 0 • CITY OF NEWPORT BEACH December 13, 1993 Fire Chief Tim Riley, addressed the Council and reported as follows: "Prior to the staff advertising for proposals for emergency ambulance services, they made a proposal to City Council to establish new ambulance rates based upon a state and county wide survey and the adoption of maximum ambulance rates. At that time, staff also recommended that the bidders proposal also include a 10% franchise fee for exclusive operating rights in the City. In addition, the proposal required free transportation to City employees when injured on duty to avoid City costs, and the provision for preferential rates for residents of the City as opposed to rates for outside the City. At the pre -bid conference, staff stated these were the issues and it was raised that this could be a possible violation of the social security act relating to Medi -Care patients. After being informed of this information by way of the City Attorney's office, staff recognized that the proposal for free transportation for injured City employees, preferential treatment for residents of the City, and an exclusive franchise fee were direct violations of the social security act in an attempt to reduce kickbacks for the award of a contract for an exclusive Medi -Care provider. Once that was eliminated from the request for proposals and all the perspective bidders were advised, the staff then accepted all their proposals. Each bidder submitted a complete set of documentation to the City that covered all the phases outlined in the staff report. Each panel member was then given a complete proposal to review by each company, followed by oral interviews with each applicant. As a result of those point totals, the current recommended primary provider was Sealson, Inc., with Schaefer Ambulance Service to serve as the secondary provider. One of the reasons Sealson, Inc. is being recommended as the primary provider is because their cost proposals were lower than any of the other ambulance companies. One of the items Sealson, Inc., included in their proposal was to charge City employees, City residents and Medi -Care patients, the maximum Nadi-Care cap and all external persons not Medi -Care receipients, the maximum allowable under the ambulance ordinance. This issue was reviewed by the City Attorney's office and it was their opinion that inasmuch as these items were not a requirement of the responsible bidder to provide this service, there could be no recompense to the City and that this was not a kickback violation of the Social Security Act." In response to question raised by Council Member Sansone regarding rotation of service providers, Chief Riley stated that one of the issues the staff was charged with in the process of preparing the requests for proposals Volume 47 - Page 335 MINUTES Emergency Ambulance Services CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL C LL S December 13, 1993 TNTrY was to try and come up with the most Emergency equitable means of providing ambulance Ambulance service to the residents of Newport Services Beach. By far, Sealson, Inc., was the most sensitive to the residents, and their preferential rate that they voluntarily recommended is far below the County maximum of $225 for a basic call. Secondarily, before the City had its previous single primary provider contract, ambulance service was rotated between two responsible bidders; however, that turned out to be extremely difficult to manage and maaintain, and the quality of service by rotating between the two was detrimental to sound patient care. Motion x Mayor Turner moved a substitute motion to approve the recommended action as contained in the staff report as he felt the staff had done a thorough job in investigating all the proposals. Council Member Hedges stated he will not support the motion as he felt it was appropriate for financial disclosure forms to be completed by the panelists who interviewed the ambulance bidders. In addition, he felt the allegations contained in the letter from Superior Ambulance Company should be responded to prior to any award of contracts. Ayes x x x x x The substitute motion was voted on and No x x carried. 23. Report from the General Services BA -023/ Director requesting approval of BUDGET Automated ANUMMiNT -023, $100,994 - To provide for the purchase of three refuse trucks Refuse and funding for four new employees for Collection the Refuse Division, as transfer is (44) necessary to cease implementation of the proposed AUTOMATED REPOSE COLLECTION PROGRAM. Bruce Lloyd, 1826 Toyon Lane, addressed the Council and expressed appreciation to the City Council for eliminating the proposed automated refuse collection program. He also requested clarification of the proposal to purchase three refuse trucks and funding for four new employees for the Refuse Division, and questioned why the Refuse Department uses a transfer station in the City of Stanton. Dave Neiderhaus, General Services Director, responded to the above by stating that of the $100,994 referenced in the budget amendment, only $9,700 additional funds will be needed to be allocated to restore the four workers and the three trucks. The City has not sold any trucks, nor has the City lost any trucks since July 1, 1993. They currently have six trucks that are in dire need of repair as mentioned in the staff report, and as stated in his recommendation, the $100,000 would be partially used to replace the worse of Volume 47 - Page 336 COUNCIL MEMBERS MV-411\0 �o_\4 • Motion All Ayes • CITY OF NEWPORT BEACH December 13, 1993 the six trucks, in essence three trucks. He stated it is unfortunate the program met with so much opposition, but the major reason was the size of the container. With regard to Mr. Lloyd's comment regarding Refuse trucks going to Stanton, he stated that the only trucks sent to that area are the one -man three axle trucks that have 9 to 12 -tons of trash on them, and if each of those two trucks dumped their trash in the transfer station at the yard, the transfer trailer would be almost instantly filled inasmuch as they only hold 20.2 tons each. In view of the foregoing comments, motion was made by Mayor Turner to approve BA -023 as presented. PUBLIC HEARINGS 24. Mayor Turner opened the continued public hearing regarding PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 13 (on West Coast Highway from Dover Drive westerly to Marino Drive, and on MacArthur Boulevard from East Coast Highway northerly to Crown Drive) continued from November 8, 1993. Report from Public Works Department. Letter from Bernard G. Rigolet opposing the cost of the utilities hook up expense to homeowners. The Public Works Director presented a Supplemental Report advising that to date, five property owners have indicated that they cannot afford the initial cost of installing underground service connections. The Bayshores Association has polled 22 of the 31 owners. All owners would like to have the overhead facilities removed, but only 7 owners are in favor of paying for their service conversions. In an effort to make the project more palatable to the affected property owners, the staff has promised to ascertain if the City would, subject to availability of funds and the signing of an agreement, be willing to advance the cost of reconnecting service connections. The property owner would be charged the prevailing rate of interest (approximately 5 %) over a 5 -year period. Therefore, it is the staff's recommendation this public hearing be continued to January 10, 1994 to give staff time to meet with the affected property owners along Crestview and explain the proposed payment proposal. Council Member Sansone asked the Public Works Director if there was any advantage to proceeding with the work on MacArthur Boulevard separately, to which he responded that if on January 10, 1994, it is decided that the Bayshores portion of the project should not proceed, staff will recommend at that time that the MacArthur portion of the district be formed. Volume 47 - Page 337 MINUTES (89) INDEX r Uti 13 CITY OF NEWPORT BEACH COUNCIL MEMBERS �Y01VAO *\%\J December December 13, 1993 MINUTES Motion . x Hearing no other comments, motion was All Aye s made by Mayor Turner to continue this public hearing to January 10, 1994. 25. Mayor Turner opened the public hearin regarding USH PERMIT NO. 3387 (AMBNDBD1 - Request to amend a previously approved use permit which permitted the expansion of an existing non - profit private club associated with substance recovery located in an existing commercial building which is nonconforming relative to the off - street parking requirement. The building is located in the "Specialty Retail" area of the Cannery Village/McFadden Square Specific Plan Area. Said approval also included the waiver of a portion of the required off - street parking. The proposed amendment involves a request to modify Condition No. 2 of the previously approved use permit, so as to permit the use of the ground floor meeting rooms for meetings beginning or ending between 6:00 a.m. and 10:00 a.m. Monday through Friday and to allow the ground floor portion of the building to be occupied by more than 64 persons, whereas said condition currently prohibits such use; located at 414 32nd Street, on the southerly side of 32nd Street between Newport Boulevard and Villa Way, In the Cannery Village/ McFadden Square Specific Plan Area. Report from Planning Department. • The Planning Director stated that on October 21, 1993, the Planning Commission approved the subject Use Permit (Amended) . The Alano Club is a private facility associated with substance recovery and they are operating in a building they own which is non- conforming with respect to its parking. The Club is currently permitted to occupy only the second floor for meetings between 6:00 a.m. and 10:00 a.m, and 3:00 p.m. and 7:00 p.m. Mondays thru Fridays. They are currently permitted to use the second floor area which has an occupant load of 100 persons. Inasmuch as they cater to people who are divided into classes which are made up of people who smoke and who do not smoke, and because of the close proximity of the meeting rooms on the second floor, they are requesting permission to use the downstairs meeting rooms so long as they do not exceed the occupant load for the entire building of 100 persons during the above- mentioned time frame. The Planning Commission, in response to several concerns expressed at the meeting from adjoining tenants, requested that the Club monitor their activity, monitor their noise and • establish a review period in ninety days from the October 21 approval. Therefore, the Planning Commission will be reviewing this Use Permit again on January 20, 1994. Volume 47 - Page 338 ULC3I U/P 3387(A; (88) COUNCIL MEMBERS ROLL CR \�� \�� nom\ :7 Motion All Ayes • x CITY OF NEWPORT BEACH December 13, 1993 In response to question raised by Council Member Hedges, the Planning Director stated that he personally has not received any complaints regarding the operation of Alano Club. Also, if enforcement became necessary due to non- compliance with the occupancy load, either a Code Enforcement Officer or Fire Department employee would be requested to go to the site and count the number of persons in the building. With respect to parking, there are only three parking spaces available off - street for this particular building and they are at the rear of the premises with access from the alley. Steve Dobbie, 423 31st Street, representing the applicant, addressed the Council in support of the request. He stated that since the Planning Commission hearing on October 21, they have worked with the neighbors regarding their concerns and those who addressed the Planning Commission. He also stated that they encourage their patrons to disperse in a quiet and quick manner from their meetings to eliminate noise and conversations that usually follow those meetings. In response to question by Council Member Hedges regarding whether or not there was a dance in the building this past Saturday evening, and if a Special Event Permit was issued for this function, Mr. Dobbie replied that there was a dance, but he was not aware if the required permit was obtained. Evelyn Johnson, 410 32nd Street, stated she has operated a barber shop at this location for 32 years and she is not opposed to the request of the Alano Club; however, she would like to have one parking space designated in front of her shop for her business, inasmuch as parking is such a problem in the area. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made by Council Member Hedges to sustain the decision of the Planning Commission and approve Use Permit Mo. 3387 (Amended). Council Member Hedges commended the members of the Club in their attempt to "clean up their act" and improve the situation, and he hopes they will continue in this regard. 26. Mayor Turner opened the public hearing regarding PLARNIHG COM MSSIOM AMBFDMBBT M0. 784 - Request to amend the Planned Community District Regulations for the Corporate Plaza Planned Community, so as to establish medical offices as a permitted use, and to allow the remaining 79,847 square feet of permitted development to be used for medical office purposes; other Volume 47 - Page 339 MINUTES INDEX /P 3387(A) ?CA -784. (94) COUNCIL MEMBERS ROLL CRLL s • • Motion All Ayes • X CITY OF NEWPORT BEACH December 13, 1993 miscellaneous revisions to the Planned Community Teat and Plans; and the acceptance of an Environmental Document; property bounded by East Coast Highway, Newport Center Drive, Farallon Drive and Avocado Avenue in the Corporate Plaza Planned Community; ►.1;i 11 TRAFFIC STUDY M0. 88 - Request to approve a traffic study so as to permit 79,847 square feet of development in the Corporate Plaza Planned Community for medical office use. Report from Planning Department. The Planning Director stated that the Corporate Plaza Planned Community is allowed to have a total of 432,326 sq. ft. of development and they currently have four vacant sites that are designated on the Planned Community Development Plan and they are the last four sites to be built in the Planned Community. The applicant is asking that they be allowed to have a maximum of 79,847 sq. ft, of their existing entitlement allowed for medical office use on these four remaining sites. They are also suggesting that the parking requirement for the planned community area be amended so as to incorporate the parking pool concept which is allowed in other large office developments within the City. They are also proposing that the medical office use be restricted to one parking space for each 250 sq. ft. gross. This matter was considered by the Planning Commission on November 18, 1993, and was unanimously approved. David Neish, representing The Irvine Company, advised that they concur with the findings and mitigation measures of the related environmental documentation. Hearing no one else wishing to address the Council, the public hearing was closed. Notion was made by Council Member Watt to adopt Resolution No. 93 -96 approving Planning Commission Amendment No. 784 and approve the findings and mitigation measures of the related environmental document and the findings for Traffic Study No. 88 as recommended by the Planning Commission. 27. Mayor Turner opened the public hearing regarding DEVELOPMENT ACREEMEVT N0. 5 - Request to approve an amendment to subject development agreement for the Hoag Hospital Master Plan between the City of Newport Beach and Hoag Memorial Hospital Presbyterian; located at 4000 Vast Coast Highway, on the northerly side of West Coast Highway between Volume 47 - Page 340 MINUTES 93 -96 (38) Hospi±- Agm 5 COUNCIL MEMBERS *0 41 V 10f \P ROLL • Motion All Ayes • • x CITY OF NEWPORT BEACH December 13, 1993 Newport Boulevard and Superior Avenue and 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. Report from Planning Department. The City Clerk reported that after the agenda was printed, a letter was received from Hoag Memorial Hospital stating that based on the delay in receiving Coastal Commission legal counsel comments on the hospital's requested clarifications on the Development Agreement amendments, the hospital has no objections to continuing this item to January 10, 1994. In view of the foregoing, motion was made to continue this public hearing to January 10, 1994. 1. Delores Otting, 17 Hillsborough Drive, also representing 5 Star Rubbish Company, addressed the Council and submitted a letter regarding the regulations for Solid Waste Permits as set forth in the Municipal Code, and questioned why the 30 -day notice requirement was not adhered to in 1992 and 1993. She also stated that her company was advised that they would have graduated recycling rates from 1991 to present, but it has now changed so that in 1994 they will have to recycle a higher percentage than the State law requires. Madeline Arakelian, representing South Coast Refuse, addressed the Council regarding AB939 concerning recycling requirements. She stated she also is involved in the Solid Waste Permit process and has discussed her objections with the General Services Director, and is waiting for a response from him. She also stated that the residential refuse taken by the City to CR Transfer Station is not being recycled pursuant to State law. The City Manager stated he would be happy to meet with both of the above speakers to review the Solid Waste Permit process. Dave Neiderhaus, General Services Director, addressed the Council in response to the comments of Ms. Otting and Ms. Arakelian, and stated that AB939 requires that the City reach 25% by January 1995. This particular year he was asked not to bring this matter back to the Council for review because there was only one minor change being made which was from 20% to 25% in 1994. Letters were sent to 13 commercial haulers in late November and early December notifying of this change, and as of this date he has only had two responses. Within the next two weeks he hopes to present new Solid Waste regulations to the City Manager. With Volume 47 - Page 341 MINUTES ila 1 Solid Waste Disposal 0 Motion All Ayes • Motion All Ayes COUNCIL MEMBERS NO kxxki x x CITY OF NEWPORT BEACH December 13, 1993 regard to the comments made by Ms. Arakelian regarding the refuse taken to CR Transfer Station, he stated that pursuant to the contract with CRT, the City's entire residential waste stream is taken to their facility and they in turn recycle 25% of the total waste stream. As of November 1993, they have recycled 288 or almost 900 tons. He pointed out that there is no requirement in the contract with CRT or any requirement by the State that the entire waste stream has to pass through that processing mechanism. It is up to the private company to decide how they are going to recycle that 258. In reponse to question raised by Council Member Hedges, the General Services Director stated that the City is recycling as much as it can of the residential waste stream. 2. Sid Soffe:r, 900 Arbor Street, Costa Mesa, addressed the Council and asked what the City's intention is with respect to the McFadden Square parking meter fund. The City Manager suggested Mr. Soffer contact his office to meet with him regarding the history of the parking meter fund. ORDINANCES FOR ADOPTION 28. Proposed ORDINANCE NO. 93 -25, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE NEWPORT BEACH MUNICIPAL CODE SECTION 13.05.010 PERTAINING TO STREET WIDENING AND IMPROVSHENTS. Recycled report from the City Attorney dated November 15, 1993. Motion was made by Council Member Cox to adopt Ordinance No. 93 -25. 29. Proposed ORDINANCE NO. 93 -26, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 2.12.010, 2.12.060, 2.12.070, AND DELETING SECTION 2.12.090 OF CHAPTER 2.12; AND AMENDING SECTIONS 13.08.010, 13.08.020, 13.08.050 OF CHAPTER 13.08; AND SECTION 11.04.030 OF CHAPTER 11.04; AND SECTION 19.24.110 OF CHAPTER 19.24 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE CREATION OF A CONMUNITY SERVICES DEPARTMENT. Recycled report from City Manager dated November 22, 1993. Motion was made by Council Member Cox to adapt Ordinance No. 93 -26. Volume 47 - Page 342 MINUTES INDEX Parking/ Meter Fund Ord 93 -25 St Wdng Imprvms (74) Ord 93 -26 Adm /Com Services (35) COUNCIL MEMBERS CRLL s `tk I \� • • CITY OF NEWPORT BEACH December 13, 1993 Council Member Sansone pointed out for the benefit of those in the audience and television viewers that in merging the Library and Parks, Beaches & Recreation departments, the maintenance of all parks and beaches has been transferred to the General Services Department effective July 1, 1993. It is estimated approximately 16 full -time employees from the Parks, Beaches & Recreation Department will now be in the new Community Services Department. 30. Report from the City Attorney recommending approval of amendments to COUNCIL POLICIES B -1 AND 3-2, REGARDING JOHN WAYNE AIRPORT. The City Attorney stated that the revised policy being presented reflects the direction the Council has given staff over the past 10 years on various airport issues and reaffirms that direction and affirms that all three components of the policy need to be implemented in order to protect the City from undue airport noise. The City Attorney outlined the three primary components as follows: 1. Preservation of the John Wayne 'Airport Settlement Agreement; 2. Possible modification of the Settlement Agreement to extend and or strengthen existing operational restrictions without adversely impacting airport safety or capacity; and 3. The development of an additional commercial airport to complement service provided at John Wayne Airport. The City proposed r Aviation Drummond, Committee follows: Attorney noted that the evisions were approved by the Committee; however, Mr. Member of the Aviation has two minor changes as 1. Add the following language at the end of the last sentence of the first paragraph under Introduction - "in the year 2000 -2010 time frame." Volume 47 - Page 343 MINUTES Wi'10 Council Policy (69) COUNCIL MEMBERS viz` � ROLL CALL s • • CITY OF NEWPORT BEACH MINUTES December 13, 1993 2. Add the following language Council after the end of the second Policy sentence under C. Additional Commercial Airport - "The second airport site studies conducted to date have not identified a feasible location for a commercial airport in Orange County other than E1 Toro MCAS." Council Member Hart questioned the need for the word "substantially" in the first paragraph under Introduction. The City Attorney replied that the particular sentence in question was talked about at great length at the Aviation Committee meeting, and if it is the desire of the Council to delete the word "substantially," he indicated he had no strong objection. Discussion ensued with regard to the other neighboring cities that are impacted by John Wayne Airport, wherein the City Attorney advised that the Council could revise the policy to direct staff to continue conversation with the adjoining cities to inform them what Newport Beach knows about the impacts of John Wayne Airport, as well as the absence of the impacts that might follow from commercialization of E1 Toro MCAS. Council Member Sansone commented that another issue that should be emphasized is that the anticipated demand for air transportation in Orange County comes from the South County and is generated by their general plans, however, those cities do not want to admit this. In response to question raised by Council Member Hedges, the City Attorney stated that he did not include a provision in the proposed policy to express the City's position on the runway extension because the County has already approved a feasibility study which will hopefully provide this Council with all the information it needs to fully evaluate the potential impacts of that extension on aircraft operations at John Wayne Airport. The feasibility study may prove that the proposed runway extension is not possible given the restrictions at that airport. Pete Drummond, Member, Aviation Committee, addressed the Council regarding the word "substantially" in the Introduction of the policy and referred to earlier by Council Member Hart. He stated he did not feel the word "hurts the City," and would prefer it remain in the policy. He stated he also concurs with Council Member Sansone's comments regarding South County. He also commented on the site coalition study. Volume 47 - Page 344 COUNCIL MEMBERS \OVA\% 'off \A CITY OF NEWPORT BEACH December 13, 1993 Motion x Following consideration, motion was made by Council Member Hart to approve combining Council policies B -1 and B -2 as presented, including the minor changes set forth by the City Attorney in the foregoing. • The City Attorney advised that during discussion of this item he had rewritten the last sentence of the Introduction as follows: "However, inadequate land area and other constraints currently prevent JWA from serving more than 508 of the existing demand, and less; than half of the anticipated demand for air transportation in Orange County." Council Member Hart, maker of the motion, stated she had no objection to the revised language, and therefore, the All Ayes motion was voted on and carried. CURRENT BUSINESS 31. Report from Deputy City Manager regarding OCEAN PIER REGULATIONS. Ken Delino, Deputy City Manager, stated this item was a follow -up to a study session item when the Council looked at a variety of mechanisms to solve some of the problems that had been identified in the Newport Pier area. Those problems • were primarily trash, crime, loitering or sleeping. He summarized the two alternatives under consideration, noting that both include a prohibition of sleeping apparatus and a prohibition against the cutting or placing of fish or bait on the pier. However, Alternative (a) includes closing the pier from midnight to six a.m., and Alternative (b) allows the City Manager to close the pier periodically for cleaning. In response to question raised by Council Member Debay, Mr. Delino stated that the instruction notices to the fishermen recently posted on the pier appear to be working very well. The notices are in English and Spanish and encased in plastic. Also, the pier has never bean cleaner. Robert Rubian, owner of the Crab Cooker, addressed the Council and requested that the City not penalize the residents who enjoy their night walks on the pier by closing it from midnight to 6 a.m. He urged the City to be patient in their attempt to resolve the problems associated with the pier. • Sid Soffer, 900 Arbor Street, Costa Mesa, owner of the Blue Beet in McFadden Square, also spoke against closing the pier from midnight to 6 a.m. He indicated he felt that the steps the City has already taken to clean up the pier seems to be solving some of the problems without having to close it. Volume 47 - Page 345 MINUTES Ocean Pier Regulations (62) • • Motion COUNCIL MEMBERS X CITY OF NEWPORT BEACH M \\ December 13, 1993 Delores Otting, 17 Hillsborough Drive, stated she was pleased to see that the new Police Chief recommended against closing the pier from midnight to 6 a.m. She also stated that the businesses in the area depend on tourism and if the pier were closed for a number of hours, it could create a financial hardship on those businesses. Richard Obrieter, 1829 Port Margate, also addressed the Council in opposition to closing the pier from midnight to 6 a.m. He stated he had no objection to closing it periodically for cleaning. Joe Briano (no address given) stated he fishes regularly at Balboa Pier and recommended the pier not be closed from midnight to 6 a.m. He also stated that the reason Newport Pier has been so clean the past two weeks is because fishing has been very poor. Madeline Arakelian, South Coast Refuse, also addressed the Council in opposition to closing the pier from midnight to 6 a.m. She felt that if it were closed, it would be taking away an enjoyment that is very important to the old, as well as young people. Council Member Hedges stated that in view of the testimony just given, he felt it would be prudent for the City to take a "go slow attitude" on this matter and give the new regulations a chance to work. He also felt the City should start enforcing some of the regulations already in place, and review this item on or before July 1, 1994. There being no further comments, motion was made by Council Member Hedges to Introduce and pass to second reading on January 10, 1994, proposed ORDINANCE N0. 93 -28, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 11.08 AND 11.20 OF THE NEWPORT BEACH MUNICIPAL CODE REGULATING ACTIVITY ON OCEAN PIERS TO INCLUDE PERIODIC PIER CLOSURE FOR CLEANING. Also, to include the following revised language: "Temporary Modification. The City Manager may, when necessary to protect the safety of persons or property, temporarily modify the beach and the pier closure hours established in this Section. In no event shall the modification of hours continue for a period of more than two weeks. The modification shall not be effective until notice of the new hour and the effective date is filed with the City Clerk." Volume 47 - Page 346 MINUTES INDEX Ocean Pier Regulations Ord 93 -28 CITY OF NEWPORT BEACH COUNCIL MEMBERS `r` December 13, 1993 CHLL r -- A yes Motion All Ayes x MyMayor Turner stated he would support the with the stipulation that this item be reviewed on or before July 1, 1994, to which there were no objections. Council Members Debay and Cox spoke in support of the motion, and following their comments, the motion was voted on and carried. 32. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIMENS ADVISORY COMMITPEES for a one - year term ending December 31, 1994. Motion was made by Mayor Turner to confirm the following appointments: Bicycle Trails Citizens Advisory Committee - (District 1) Council Member Hedges' reappointment of Bandy Johnson and Joseph DeCarlo. (District 2) Council Member Debay's appointment of Val Skoro; deferred to January 10, 1994 remaining appointment. (District 3) Council Member Hart's reappointment of Joann Lombardo and Barbara Gaughran. (District 4) Mayor Turner's reappointment of Paul Field and appointment of Bich Higgs. • (District 5) Mayor Pro Tem. Watt's reappointment of Donald Harvey and Marianne Whitby. (District 6) Council Member Sansone's appointments deferred to January 10, 1994. (District 7) Council Member Cox's reappointment of Craig Weber. Environmental Quality Affairs /Citizens Advisory Committee Motion x Motion vas made by Mayor Turner to confirm the following appointments: All Ayes (District 1) Council Member Hedges' reappointment of Mike K1lbride and Mark Kerslake. (District 2) Council Member Debay's appointments deferred to January 10, 1994. (District 3) Council Member Hart's reappointment of Terrance Phillips; and deferred remaining appointment to January 10, 1994. • (District 4) Mayor Turner's Ed Mepner and reappointment of appointment of Candi Hubert. i (District 5) Mayor Pro Tem Watt's reappointment of Linda Kline and Richard Greaney. Volume 47 - Page 347 MINUTES COUNCIL ROLL CRLL s Motion All Ayes • Motion All Ayes • MEMBERS x x CITY OF NEWPORT BEACH � \ %\ December 13, 1993 (District 6) Council Member Sansone's appointment of Nancy Gardner; and remaining appointment deferred to January 10, 1994. (District 7) Council Member Cos's reappointment of Gordon Kilmer and Margie Pautzar. Harbor Quality /Citizens Advisory Committee Notion vas made by Mayor Turner to confirm the following appointments: (District 1) Council Member Hedges' reappointment of Leonard Miller. (District 2) Council Member Debay's appointment deferred to January 10, 1994. (District 3) Council Member Hart's reappointment of Rosemary Luxton. (District 4) Mayor Turner's reappointment of Ralph Furra. (District 5) Mayor Pro Tam Watt's reappointment of Tom Houston. (District 6) Council Member Sansone's 1pp4intment deferred to January 10, (District 7) Council Member Cox's reappointment of Nancy Skinner. 33. APPOINTMENTS BY MAYOR To VARIOUS COUNCIL STANDING AND AD HOC COMMITTEES; AND JOINT GOVERNMENTAL COMMITTEES. Notion was made by Mayor Turner to confirm the following appointments: I. A. Pendin¢ Legislation and Procedural Ethics Committee Chairman City Attorney City Manager Council Member Hedges Council Member Sansone B. Underground Utilities Coordinating Committee Chairman City Manager Public Works Director Council Member Debay C. Utilities Committee Utilities Director Council Member Sansone, Chairman Council Member Hedges D. Appointments Committee Mayor Pro Tam Watt, Chairman Council Member Cos Volume 47 - Page 348 MINUTES Council/ Ad Hoc/ Jt. Govt. (Committees COUNCIL MEMBERS ROLL CALL • • CITY OF NEWPORT BEACH December 13, 1993 H. Bndset Committee City Manager Council Member Cox, Chairman Council Member Hedges F. Off - Street Parkins Committee Traffic Engineer Council Member Hedges, Chairman Council Member Debay G. Tidelands Affairs Committee Marine Director Council Member Hart, Chairman Council Member Debay H. Income Property Committee Deputy City Manager Council Member Sansone Council Member Cox II. COUNCIL AND CITIZENS AD HOC COMMITTEES A. Annexation Committee City Manager Mayor Council Member Cox Council Member Debay B. Aviation Committee Council Member Hart, Chairman Mayor Pro Tam Watt City Attorney City Manager P e t e D r u m m o n d , Rep/Homeowners Assn Jim Pistole, Alt to abv Tom O'Brien, Rep/Homeowners Assn Ralph Rodheim, Alt to abv Dan Gilliland, Rep/Home- owners Assn Karen Evarts, Alt to abv Bernard Pegg, Rep/Home- owners Assn Charles Currier, Alt to abv C. Airport Committee City Manager City Attorney Mayor Turner, Chairman Council Member Hart Council Member Hedges D. Air Quality Management Plan Coordination Committee Planning Director Council Member Cox, Chairman Council Member Hart Mayor Pro Tem Watt H. Balboa Bay Club City Manager City Attorney Mayor Turner, Chairman Council Member Hart Council Member Debay Volume 47 - Page 349 MINUTES council/ Ad Hoc/ Jt. Govt. Committees COUNCIL MEMBERS ROLL CRLL • • CITY OF NEWPORT BEACH �\%\j December 13, 1993 F. Central Balboa Specific- Area Plan Mayor Turner Council Member Hedges Council Member Debay Balboa Peninsula Point Association: W. Channing LeFsbvre Dona Colombero Douglas M. Boyd, Alt Donald Elder, Alt Central Newoort Beach Communitv Association: Fred Thompson Stephanie Houghton Tom Hyans, Alt Harry Meily, Alt Balboa Improvement Association: Doug Cavanaugh Phil Tozier Doug Salisbury C. J. Williams Bob Black, Alt Kent Maddy, Alt Ralph Kosmides, Alt Mike Martin, Alt G. Ocean Front Walk Ad Hoc Committee Mayor Turner Council Member Debay Council Member Hedges Balboa Peninsula Pt. Association Robert Vaughan Bambi Wiltchik Central Newport Beach Com /Association William Ficker Fred K. Thompson West Newport Gary Beck West Newport Beach Association Bill Schonlau McFadden Square Business Association (Deferred to 1- 10 -94) Bicvcle Trails Committee Randy Johnson Joann Lombardo Volume 47 - Page 350 MINUTES 1JW4 mcil/ Hoc/ Govt. mittees CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �o s���f December 13, 1993 ROLL CRLL H. Old Newport Boulevard Suecific Area Plan Mayor Turner Council Member Hart Council Member Hedges Ian Fettes, Property Owner Albert Irwin, Property Owner • Owen Minney, Property/ Business Owner Jerry Tucker, Property/ Business Owner Greg Schwenk, Alt Carl Carver, Property owner/Resident George Baker, Property Owner/Resident Delores Bowles, Alt Brion Jeannette, Property Owner /Adjacent Resident I. West Newport Comprehensive Plan Mayor Turner Council Member Debay, Chairman Council Member Hedges Tod Ridgeway, Planning Commission Rep Lyndi Fauria, Year -Round Resident/Homeownr David Goff, Year -Round Resident/Homeownr Max Morgan, Year -Round Resident/Homeownr Jeff Jacobs, Real Estate Industry Rep • (experienced in rentals in study area) Todd Schooler, Architect/ Planner Rush Hill, Architect/ Planner Paul Balalis, At -Large Member (w/broad community experience residing outside of the study area) Debbie Allen, At -Large Member (w/broad community experience residing outside of the study area) David Bent, Rep (West Newport Beach Assn) Cindy Gittleman, Rep (West Newport Beach Assn) J. Oven Space City Council Ad Hoc Committee (Subject committee sunsetted) Mayor Turner indicated he would like to reinstate the former Circulation Buildout and Open Space Committee which dealt with the CIOSA agreement and the • implementation of that document, and therefore directed staff to prepare the necessary resolution. Volume 47 - Page 351 Council/ Ad Hoc/ Jt. Govt. Committees COUNCIL MEMBERS ROLL CRL \4V • • CITY OF NEWPORT BEACH MINUTES December 13, 1993 1011 K. Economic Development Council Council/ Mayor Turnr Ad Hoc/ Council Member Cox Jt. Govt. Council Member Hedges Committees Michael Stephens, Newport Harbor Area Chamber of Commerce Representative Donald Glasgow, Corona del Mar Chamber of Commerce Representative Gil Foerster, Newport -Mesa Association of Realtors Representative Steve Sutherland, Mariners Mile business community Representative Rush Hill, Peninsula business group Representative (Vacant) Newport Beach Conference S Visitor's Bureau Representative Jerry King, Newport Center Association Representative Don Waniata, Alt Philip Bettencourt, Building Industries Association Representative, conducting business within Newport Beach Christine Diemer, Alt Tony Christopher, At -Large Representative Norm Angel, Alt Isadore Myers, At -Large Representative Charles Wilson, Alt L. Gang Task Force Mayor Turner Council Member Debay Council Member Hedges Shirley Feller, At -Large Member Fred Hernandez, At -Large Member Judy Franco, Newport -Mesa Unified School District Board of Trustees Rep III. JOINT GOVERNMENTAL COMMITTEES A. City- School Liaison Committee City Manager Council Member Hedges, Chairman Council Member Sansone B. Inter -City Liaison Committee City Manager Council Member Sansone, Chairman Council Member Debay Joint Committee for the Evaluation and Implementation of the IIvver Newport Bav C000erative Agreement Mayor Pro Tem Watt, Chairman Council Member Hart, Alt Volume 47 - Page 352 COUNCIL MEMBERS ROLL CRLL • • • CITY OF NEWPORT BEACH December 13, 1993 D. League of California Cities /Orange County Division Mayor Turner Council Member Hart, Alt X. Orange County Vector Control District /Board Trustees Council Member Debay F. Orange County Sanitation Districts District 5 Council Member Sansone Council Member Debay, Alt Council Member Cox Council Member Debay, Alt District 6 Council Member Hart Council Member Cox, Alt District 7 Council Member Debay Council Member Sansone, Alt G. Southern California Association of Governments (SCAG) Council Member Cox H. Santa Ana River Flood Protection Agency (Deferred to January 10, I. Orange County Cities Airport Authoritv Deputy City Manager Mayor Turner Council Member Hart, Alt J. Orange County Housing Commission - Advisory Committee Craig Bluall, Adv Planning Staff Leslie Daigle, Alt K. San Joacuin Hills T r 9 a s o r t a t i o n Corridor Joint Powers Agency Board of Directors Council Member Sansone Mayor Turner, Alt L. Hazardous Waste Material /Joint Powers Authoritv Council Member Sansone H. Single Room Occupancy (SRO) Task Force (Affordable Housing) Council Member Debay Craig Bluell, Adv Planning Staff Vole 47 - Page 353 MINUTES Council/ Ad Hoc/ Jt. Govt. Committees COUNCIL ROLL CALL • Motion All Aye Motion All Aye •ir_..rl�+' .:14 CITY OF NEWPORT BEACH � f December 13, 1993 N. Growth Management Area Representative Mayor Turner O. SR73 /SA55/I -405 Freeways Confluence Policv Council Member Debay IV. CITIZENS ADVISORY COMMIT=S A. Bicycle Trails /Citizens Advisory Committee Council Member Cox Council Member Hart Projects Engineer B. Environmental Quality Affairs /Citizens Advisory Committee Mayor Pro Tem Watt Council Member Hart Environmental Services Coordinator /Police Department General Services Director C. Harbor Quality /Citizens Advisory Committee Marine Director Mayor Pro Tem Watt Council Member Debay D. Youth Council /Citizens Advisory Committee Council Member Hedges Recreation Supt /PB&R Staff 34. PLANNING COMMISSION AGENDA of December 9, 1993. X Motion was made by Mayor Turner to receive and file subject report. CONSENT CALENDAR ITEM X 20. At the request of Samuel Madrid, Mayor Turner made a motion to reconsider Agenda Item No. 20 at this time which pertains to Application of NANOUCH MOSHAYEDI to construct an additional curb opening with less than a 20 foot separation and the total width for all openings in excess of 50% of property width at 4805 River Avenue /227 48th Street, in Newport Beach. Samuel Madrid, architect representing the applicant, stated that the proposed plan would eliminate one on- street parking space, but would provide two additional off - street parking spaces. The existing duplex on the property provides the required three spaces pursuant to City requirements and even though additional parking is not required on site, their plan provides a total of five off - street parking spaces. The Public Works Director noted that subject application varies from Council policy with regard to curb cut permits in that they are limited to a maximum of 50% of the total frontage. The intent of the policy is to preserve as much as Volume 47 - Page 354 MINUTES INDEX Council Ad Hoc/ Jt. Govt. Committees Planning (68) Permit/ Moshayedi (65) COUNCIL MEMBERS ROLL CRLL J Motion O O CITY OF NEWPORT BEACH December 13, 1993 possible curb side parking and it happens that on River Avenue there is a great deal of this type of configur- ation. The staff is recommending denial Of this application based on the provisions and intent of the policy. Council Member Debay pointed out that there is a parking shortage on River Avenue and it's very difficult for the people who live in the area. Manouch Moshayedi, 4805 River Avenue, applicant, addressed the Council in support of his request, and stated he has lived at the site for seven years and needs the additional parking. Peter Tarr, 5023 Lido Sands, addressed the Council and stated he felt this type of request puts a detrimental effect on the neighborhood, and because there is no public parking in the subject area and there are no curbs, people are using their driveways and public sidewalks for parking. As a result, it does not make it a very attractive or pleasant place to live. Council Member Debay stated that she has been on both sides of this issue; however, she would like to see River Avenue cleaned up and appreciates the interest of the people who live there full -time. Therefore, she moved to grant the application, subject to execution of an encroachment permit. Council Member Hart stated she will be voting against the motion because she felt that what Council Member Debay is attempting to accommplish would be better served by denying the application. She felt that if the application is approved, it will only create "more cement for another curb cut ;" it will eliminate one on- street parking space which could be used for guest parking; and it will eliminate anyone ever remodeling the front section of the parcel in question. Mayor Turner stated he will also be voting against the motion only because the City has been trying very hard to preserve as many on- street parking spaces as possible, and even though it is only one space, it does add up. Council Member Debay stated that River Street in West Newport is unlike any other area in the City in that the homes are already constructed, and some may be built oversize for the lot. She felt the City is encouraging more families to move into the area; however, it's very difficult to find those families if they have no where to park. She also felt that if River Street were not already full of extra driveways, she would agree with Council Member Hart, but based on what is already existing here, there will never be a green landscape on that street. Volume 47 - Page 355 MINUTES INDEX p CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL December 13, 1993 No �xIxIx xIxIxIx 0 0 Council Member Hedges stated he will support the motion for all the reasons expressed by Council Member Debay. He also stated this was one way of getting another vehicle off the street. The motion was voted on and carried. Mayor Turner adjourned the meeting at 9:45 p.m. to 3:00 p.m., Tuesday, December 21, 1993, to review Council policies, etc., and adjourned in memory of Gayle Looslie Wynn, wife of former City Manager Robert L. Wynn, who was very active in her church, and left a legacy of good will and friendship, and who will be greatly missed. The agenda for this meeting was posted on December 9, 1993, at 8:05 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: MINUTES Voles 47 - Page 356 INDEX Permit/ Moshayedi