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HomeMy WebLinkAbout03/09/1998 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 9, 1998 - 7:00 p.m. INDEX CLOSED SESSION - 5:00 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Mayor Pro Tern O'Neil. Invocation by Dr. Richard Todd, St. Andrews Presbyterian Church. Proclamation declaring Tuesday, March 24, 1998, as "Home Building Day" presented by Mayor Edwards to Mr. Philip Bettencourt, a representative from the Building Industries Association (BIA). MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Mayor Pro Tern O'Neil requested that the City Council work with staff on possibly modifying the scheduling of the CalTrans resurfacing project on Coast Highway through Corona del Mar. He stated that the work is very disruptive to the area businesses and residents. Without objection, the City Council approved Mayor Pro Tem O'Neil to work with staff on what options might be available. Council Member Glover requested that the City Attorney provide a report to the City Council regarding the conflict of interest policy. She wants the report to include an interpretation of the law, what entails conflict of interest for City Council members and the procedure to be followed. Council Member Noyes thanked the Rotary Club of Newport Beach for their thirty years of donating trees to the schools. • Council Member Noyes requested that a report be presented to the City Council regarding advertising on City property, including parks and municipal properties. He would like the report to state the current policy and include what guidelines the City is using. After the report is provided, he would like the City Council to provide direction on how this type of advertising is to be done. Volume 51- Page 644 City of Newport Beach City Council Minutes March 9, 1998 • • Mayor Edwards confirmed with the City Manager that the electrical rate issue will be brought back to the City Council at its first meeting in April. • Mayor Edwards stated that he has received extremely high remarks about City staffs response to citizen questions. • Mayor Edwards stated that the community outreach letter has also received high remarks. He complimented Council Members Noyes, Glover and Thomson for their efforts. He suggested that a future letter might include information on the City's policy for resurfacing of streets, and the scheduling of such work. • Mayor Edwards reminded the community of the Toshiba tournament, and encouraged the support of Toshiba and Hoag Hospital, one of the benefactors of the charity event. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. Removed from the Consent Calendar by Council Member Debay. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City • Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. RESOLUTION NO. 98 -18 CONSENTING TO THE USE OF THE 1980 MASTER PROPERTY TAX TRANSFER AGREEMENT WITH THE COUNTY OF ORANGE FOR THE PROPERTY KNOWN AS THE SHELTON ANNEXATION. Adopt resolution agreeing to the Master Property Tax Transfer Agreement with the County of Orange over the property known as the Shelton Annexation adjacent to 4700 Surrey Drive. 4. RESOLUTION NO. 98 -19 SUMMARILY VACATING AND ABANDONING PORTIONS OF WATER AND SEWER EASEMENTS IN LOT 18 OF TRACT NO. 6015 (FASHION ISLAND). Adopt resolution ordering the summary vacation and abandonment of portions of unused easements for water and sewer purposes crossing Lot 18, Tract No. 6015; and direct the City Clerk to have the resolution recorded by the County Recorder. MISCELLANEOUS ACTIONS 5. Removed from the Consent Calendar by Council Member Noyes. 6. APPROVE BUDGET AMENDMENT (BA -048) FOR FIRE DEPARTMENT HAZARD ABATEMENT ON CITY PROPERTY. (Removed from the agenda) Volume 51- Page 645 INDEX Annexation/ Shelton Property Res 98 -18 (21) Vacation/ Fashion Island Res 98 -19 (90) No report • • u City of Newport Beach City Council Minutes March 9, 1998 INDEX 7. LOT LINE ADJUSTMENT BETWEEN HARBOR VIEW HOMES Lot Line Adjustment COMMUNITY ASSOCIATION AND THE CITY OF NEWPORT 98 -02 BEACH. Approve Lot Line Adjustment No. 98.02 between the Newport Harbor View COA View Homes Community Association and the City of Newport Beach and (74) authorize the City Manager to execute the Lot Line Adjustment as applicant for the City of Newport Beach; and authorize the Mayor and City Clerk to execute the deeds accepting the granting property as required for processing Lot Line Adjustment No. 98 -02. 8. 1997 ANNUAL REPORT ON CITY AMBULANCE PROGRAM. Receive Ambulance Program and file report. (41) 9. Removed from the Consent Calendar by Council Member Hedges. 10. AUTHORIZATION TO APPLY FOR GRANT FUNDING OF HAZARD FEMA/ MITIGATION IN THE MOUTH OF BIG CANYON. Authorize the Fire Hazardous Mitigation and Marine Department to apply for Federal Emergency Management (41) Administration funding for the removal of hazardous combustible vegetation in the mouth of Big Canyon. 11. ASSISTANCE TO NEWPORT BEACH INTERNATIONAL FILM International FESTIVAL. Approve grant of $3,000 from the City Arts Commission. Film Festival (24) 12. Removed from the Consent Calendar by Council Member Hedges. 13. Removed from the Consent Calendar by Council Member Glover. 14. PREPARATION FOR POSSIBLE ANNEXATION. Authorize the City Annexation Manager to expand the authority of the Police Department to over -hire Newport Coast sworn police officers in an effort to accommodate the lengthy hiring /training BA -049 process in order to be prepared to staff the Newport Coast area, should the (21/40) proposed annexation become a reality; and approve Budget Amendment (BA -049) to appropriate $5,800 from the Radio System reserve to complete necessary testing of communications modifications necessary to finalize an interim solution to improve radio coverage in the Newport Coast area. 15. REQUEST FOR CITY CO- SPONSORSHIP OF EARTH DAY 5K RUN Co- Sponsorship/ BY THE UPPER NEWPORT BAY NATURALISTS. Approve co- 5K Run sponsorship and use of the City seal and logo with the County and State (51) Department of Fish and Game for event on April 19, 1998. 16. Removed from the Consent Calendar by Council Member Hedges. S28. RESOLUTION NO. 98 -20 APPROVING AN EMERGENCY CONTRACT Storm Drain/Slope TO REPAVE ROADWAY SLOPE EROSION ON EASTBLUFF DRIVE Repair BETWEEN JAMBOREE ROAD AND BACK BAY DRIVE. Adopt Eastbluff Drive resolution declaring an urgent necessity to repair slope erosion adjacent to Res 98 -20 Eastbluff Drive between Back Bay Drive and Jamboree Road. (74) S29. BUCK GULLYMITTLE CORONA BEACH EMERGENCY REPAIR Outlet/Slope Repair Volume 51 - Page 646 • E • City of Newport Beach City Council Minutes March 9, 1998 WORK. Authorize the expansion of the existing professional services agreement with Noble Consultants, Inc. to include professional engineering services to prepare construction plans and specifications to complete emergency repair work at Buck Gully /Little Corona Beach in the amount of $800,000 from the General Fund Reserve. S30. Removed from the Consent Calendar by Council Member Hedges. Motion by Mayor Pro Tem. O'Neil to approve the Consent Calendar, except for those items removed (1, 5, 6, 9, 12, 13, 16 and S30). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. 5. MINUTES OF THE REGULAR MEETING OF FEBRUARY 23, 1998. Council Member Debay requested the correction of the spelling of the last name of Marcia Glossy to Marcia Dossey on page 629; and a correction to the vote on Item #23 from Glover, O'Neil and Edwards as Noes to Glover, Hedges and Edwards as Noes. Motion by Council Member Debay to waive the reading of subject minutes, approve with changes and order filed. Without objection, the motion carried by acclamation. PLANNING COMMISSION AGENDA FOR MARCH 5, 1998. Council Member Noyes announced that public hearings for the Aubergine Restaurant and Bistango Restaurant will take place at the Planning Commission meeting of March 19, 1998. And, additionally, that a public hearing for Tommy Bahamas Restaurant will take place on April 9, 1998. Council Member Glover expressed her concern about the low attendance of Planning Commission members to the Planning Commission meetings. She feels that the absenteeism is inappropriate for such an important commission. Council Member Debay made the correction to the date of the meeting on the Planning Commission agenda from March 9, 1998, to March 5, 1998. Motion by Council Member Noyes to receive and file the report. Council Member Hedges questioned the Planning Commission approval of a variance at 319 Carnation Avenue. Assistant City Manager Wood stated when the error in the construction was discovered, construction was stopped, and the applicant removed some of the offending construction and worked with staff on a new design to bring the construction to substantial conformance. Planning Director Temple provided a brief summary of the Planning Commission meetings and those that spoke in opposition to the variance. Volume 51 - Page 647 INDEX Buck Gully/Little Corona (74) Planning (68) 0 City of Newport Beach City Council Minutes March 9, 1998 Mayor Pro Tem O'Neil feels that the Planning Commission worked out the best possible result, given the circumstances. Without objection, the motion carried by acclamation. 9. PROGRESS REPORT ON THE USED OIL PROGRAM. Council Member Hedges confirmed with General Services Director Niederhaus that the total amount of the grant was $232, 000, with $50,000 of it being returned to the State at the end of the fiscal year. General Services Director Niederhaus stated that the City's goals have been met, that an average of 6,000 gallons per year were collected by the collection centers, and that the number of instances involving motor oil in the harbor or storm drains is down. Council Member Hedges stated that he has been in opposition of the program, and pointed out some of the ways the money was spent. He questioned whether the program and the money spent for it really accomplished what it was intended to do in an economical way. Motion by Council Member Hedges to receive and file the report. Council Member Noyes asked General Services Director Niederhaus what • would happen with the program after the end of the fiscal year. General Services Director Niederhaus responded that the program will continue to operate at no cost to the City through the commercial collection centers. Mayor Edwards feels that the program has been a worthy effort for many reasons. Without objection, the motion carried by acclamation. 12. 1998 COUNCIL POLICY MANUAL PROPOSED CHANGES. Council Policy H -1: Council Member Hedges feels that more community input should be received about the section in Council Policy H -1, Harbor Permit Policy, discussing Ocean Front Sand Dunes. Motion by Council Member Hedges to forward the subject section to the Environmental Quality Affairs Citizens Advisory Committee (EQAC) for discussion. Council Member Glover feels that if one policy should go to EQAC for public input, possibly it was appropriate to send all the policies. Substitute motion by Council Member Glover to forward all proposed changes to the Council • Policy Manual to EQAC. The substitute motion died for lack of a second. Without objection, the motion carried by acclamation. Volume 51- Page 648 INDEX Used Oil (44) Council Policy (69) is • • City of Newport Beach City Council Minutes March 9, 1998 Council Policy I -17: Council Member Hedges discussed the wording in Council Policy I -17, Library Gift and Donor Policy, and whose responsibility it is to approve exceptions to the policy. Motion by Council Member Hedges to change the wording in Item #7 of the subject policy from Library Foundation to Newport Beach Library Board of Trustees. The motion carried by the following roll call vote Ayes Thomson, Debay, O'Neil, Hedges, Glover, Noyes Noes: Mayor Edwards Abstain: None Absent: None Council Policy I -24: Motion by Council Member Hedges to adopt Council Policy I -24, Co- Sponsorship of Annual Fireworks Events, with the following change: substitute "Independence Day" wherever "Fourth of July" appears. Without objection, the motion carried by acclamation. Council Policies C -1, J -1 and K -8: Motion by Council Member Hedges to adopt the remaining policies under consideration, C -1, J -1 and K -8. Without objection, the motion carried by acclamation. Council Member Debay mentioned the periodic review responsibility listed on Page 3 in Council Policy K -8, Seashore Oceanfront Comprehensive Plan, and requested that staff conduct a structured review of the program. Council Member Debay will work with staff on the status of the improvement programs in the West Newport area. 13. JOE'S CRAB SHACK ENFORCEMENT ISSUES. Council Member Glover announced that the issue will be brought before the Planning Commission on March 19, 1998. She feels that the issue provides an opportunity to do a case study of what not to allow in the future. Motion by Council Member Glover to receive and file the report. Martin Weinberg, 100 Via Lido Nord, received assurance that notification of the public hearing on March 19, 1998, will be made to the residents on Lido Isle. Volume 51 - Page 649 INDEX Use Permit (68) City of Newport Beach City Council Minutes March 9, 1998 • Without objection, the motion carried by acclamation. 16. NON - RESIDENT USE OF CITY LIBRARIES. Council Member Hedges said that the report highlighted that 50% of the usage of the City's libraries is by non - residents. Council Member Hedges feels that the County of Orange's failure to fund its library system has contributed heavily to the non - resident use of the Newport's libraries. He stated that the City's residents make a significant investment to the library system and should be aware of the high non - resident use. Mayor Edwards provided information about the status of the City's attempt to continue to receive the $336,000 annually from the State while imposing a nominal fee on non - resident use of the City's libraries. He reported that the idea received no support from the California State Library. Motion by Council Member Hedges to receive and file the recommendation of the Board of Library Trustees to accept the present policy of service to non- residents and defer any action until November 1998. Without objection, the motion carried by acclamation. Elizabeth Stahr informed the City Council that when the money for the Central Library was raised, it was maintained that the Central Library • would be a public library. She feels that the students in Costa Mesa, as well as the employees of the businesses in Fashion Island, are good examples of those that should be able to continue to use the City's libraries at no cost. S30. INTRODUCE ORDINANCE NO. 98 -5 REPEALING CHAPTERS 5.09, 5.40 AND 5.41 AND ADDING CHAPTER 5.42 TO THE NBMC PERTAINING TO SOLICITATION. Council Member Hedges confirmed that the new fees will be established by resolution. City Attorney Burnham stated that there are currently two different fees for solicitation, one for charitable permits and a higher fee for commercial permits. City Attorney Burnham stated that the new fees would be the same for each type of solicitation and would be no greater than necessary to cover the City's cost of administering the program. Motion by Council Member Hedges to introduce Ordinance No. 98 -5 and pass to second reading on March 23, 1998. Council Member Hedges recommended that the council members pay close attention to the fee resolution when it comes before the City Council. He felt that the intention of the solicitation ordinance should be considered when setting the fees. Council Member Debay confirmed with City Attorney Burnham that under • the current policy, each charitable solicitor must get a permit, including Girl Scouts selling cookies. Volume 51 - Page 650 INDEX Library Use (50) Solicitation Municipal Code Ord 98 -5 (53/70) City of Newport Beach City Council Minutes March 9, 1998 • Council Member Thomson stated that the intent of the ordinance is to give the City a vehicle to stop the unwanted solicitors. Council Member Glover asked if solicitations could be prohibited after dark, instead of after 9:00 p.m. City Attorney Burnham stated that his office's research suggests that 9:00 p.m. is as early in the evening as the City can prohibit such activity. Council Member Glover stated that she is still concerned about solicitation after dark. Mayor Edwards confirmed with City Attorney Burnham that an ordinance cannot be written that discriminates, but that the ordinance is enforced on a complaint basis and a difference in the type of solicitors that are complained about would not result in discrimination. Council Member Debay requested that the City Attorney's office look at language to address the issue of Girl Scouts selling cookies. She doesn't feel they should disobey the law, but possibly they could be exempted from it. Without objection, the motion carried by acclamation. PUBLIC COMMENTS - None PUBLIC HEARINGS • 17. PUBLIC HEARING ON THE APPLICATION OF THE LIDO INVESTMENT COMPANY FOR AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN AND THE LOCAL COASTAL PROGRAM LAND USE PLAN TO REDESIGNATE PROPERTY IN THE 3300 BLOCK OF VIA LIDO FROM RETAIL AND SERVICE COMMERCIAL TO MULTI - FAMILY RESIDENTIAL AND TO ESTABLISH RESIDENTIAL DEVELOPMENT ALLOCATIONS; AN AMENDMENT TO DISTRICTING MAP #4 TO RECLASSIFY SAID PROPERTY FROM THE RETAIL AND SERVICE COMMERCIAL (RSC) DISTRICT TO THE MULTI - FAMILY RESIDENTIAL (MFR) DISTRICT AND TO ESTABLISH MINIMUM SETBACK YARDS; A RESUBDIVISION OF PROPERTY LOCATED AT 3336 VIA LIDO TO CREATE FOUR (4) RESIDENTIAL PARCELS AND AN EXCEPTION TO LOT SIZE AND LOT WIDTH REQUIREMENTS OF TITLE 19 (SUBDIVISIONS); AND A COASTAL RESIDENTIAL DEVELOPMENT PERMIT FOR THE PROPOSED DEMOLITION OF TWELVE (12) RESIDENTIAL UNITS AT 3336 VIA LIDO. [Planning Commission recommended denial on February 5, 1998, on a 5 ayes, 1 no, and 1 absent vote]. Council Member Hedges asked Planning Director Temple about the number of dwelling units currently existing on each of the three parcels. Planning Director Temple responded that there are four units at 3312 -3318 Via Lido, four units at 3322 -3328 Via Lido and ten units at 3336 Via Lido. Council • Member Hedges confirmed with Planning Director Temple that all of the existing residences are legal, non - conforming, with an underlying zoning of Retail and Service Commercial, and that the application is to convert the Volume 51 - Page 651 INDEX Via Lido GPA 97 -3 A/LCP 48/ PCA 868/Resub 1033/ CRDP 23 (45) u City of Newport Beach City Council Minutes March 9, 1998 INDEX parcels to Multi - Family Residential with a units per parcel. Council Member Hedges asked about the alternate uses for the sites if they were not zoned residential. Planning Director Temple said that the Planning Commission focused primarily on the issue of land use compatibility, and that coordinated planning in terms of commercial redevelopment in the area might better address the zoning of these three parcels. Council Member Debay stated that there is a concern about Lido Marina Village. She would prefer that, before a decision is made on this issue, the entire area be looked at as a possible project for revitalization. Council Member Noyes suggested that additional information is needed before action can be taken by the City Council. Planning Director Temple requested a modification to Condition #17, Exhibit B, to remove the specification of "two" dwelling units. Mayor Edwards opened the public hearing Pam Whitesides, 3322 Via Lido, one of the applicants and a resident at one of the four condominium units that is a part of the application, clarified that • there are six different owners involved in the application. She stated that each owner shares in the application for the zoning change only, and that each owner has their own plans for their property. Ms. Whitesides stated many problems with the current legal, non - conforming status. She disagrees with . their application being considered as incremental residential development. Tom Allen, 3322 Via Lido, applicant and resident, stated that he feels that the City should continue with its coordinated long -range planning, but that his property will remain residential regardless of what is decided. He also stated that there is no coastal access from the parcels involved in the application, but that there is a great deal in the immediate vicinity. Council Member Debay asked Mr. Allen about future development in Lido Marina Village, which is currently in escrow. Mr. Allen feels that he can work with whatever options are presented. He knew, when they moved into the area, that it was a mixed -use area. He further suggested to the City Council that a provision in future CC &R's be added that recognizes the commercially zoned area. Council Member Hedges and Paul Balalis, 1500 W. Balboa Blvd., discussed the various residential zoning options for the parcels. Mr. Balahs stated that he was unhappy with the staff report and the way it was written, especially considering that it is downzoning that is being requested. He feels that the • owners will contribute positively to the revitalization of the area, in whatever way that might happen. He is open to an R -1 designation. Volume 51- Page 652 City of Newport Beach City Council Minutes March 9, 1998 • Planning Director Temple stated that a multi- family residential designation would allow for a maximum of three units at the 3312 -3318 property, where there are currently four and a maximum of six units at the 3322 -3328 property where there are currently four. Willis Longyear, 215 Via San Remo, asked about the uncontrolled possibility of timeshares in the area in the future. City Manager Murphy and City Attorney Burnham assured Mr. Longyear that this would not happen. Anthony Vasi, resident at 430 El Modena Avenue and owner of 3300 Via Lido, thought his property was included in the application and he didn't want it rezoned. Mr. Balalis confirmed that Mr. Vasi's property was not a part of the application. Council Member Noyes inquired about the zoning of the Sailing Club. Planning Director Temple answered that it is currently zoned Retail and Service Commercial, and that the approval of the subject application would not affect that property. Mayor Edwards confirmed with Planning Director Temple that this application changes the total number of units on the parcels from eighteen to twelve, and that future owners could not build more units on the property than approved in the application. • There being no further testimony, Mayor Edwards closed the public hearing. Council Member Hedges suggested that the City Council might not be equipped to answer many of the questions that were brought up, and that even if the City Council supports residential, the current application may not be the correct way to go. Council Member Hedges thinks R -1 zoning may be better than Multi - Family Residential, but that the Planning Commission may be better able to deal with the topic. City Manager Murphy suggested that possibly staff could provide the additional information the City Council is looking for to make its decision. City Attorney Burnham agreed that staff would be able to deal with the issues without dealing with the precise nature of the zoning. Motion by Council Member Hedges to refer the matter to staff, that Council will retain jurisdiction on it, staff will take the Council and public comments into account and come back to the City Council with a set of conditions. The matter will come back to the City Council at its meeting of April 13, 1998. Without objection, the motion carried by acclamation. 18. REQUEST BY FRANKLIN REALTY SIGN (JEFFREY STERN, APPLICANT /APPELLANT), 3250 EAST COAST HIGHWAY, FOR AN EXCEPTION TO THE SIGN CODE TO ALLOW THE REPLACEMENT • OF AN EXISTING CONFORMING POLE SIGN WITH A POLE SIGN WHICH CONTAINS A MARQUEE TYPE SIGN ANIMATED WITH MECHANICALLY CHANGEABLE COPY. Volume 51 - Page 653 INDEX Franklin Realty Sign (68/94) City of Newport Beach City Council Minutes March 9, 1998 Mayor Pro Tem O'Neil stated that the item was originally considered by the Planning Commission on November 6, 1997, referred to the City Council on December 8, 1997, and continued since that date. Mayor Pro Tem O'Neil suggested that the item either needs to be heard or removed from the agenda. Motion by Mayor Pro Tem O'Neil to reschedule the hearing for this item to April 27, 1998. Mayor Edwards opened the public hearing. There being no testimony, Mayor Edwards closed the public hearing. Substitute motion by Mayor Edwards to table the item, until further action by the applicant. Without objection, the substitute motion carried by acclamation. 19. UPDATE REGARDING NEWPORT COAST ANNEXATION AND LAFCO APPLICATION (Continued from February 23, 1998). • City Manager Murphy stated that the City is working on several issues related to the possible annexation of Newport Coast. The City is continuing to work with the Irvine Ranch Water District, The Irvine Company and the Newport Coast residents on various issues. City Manager Murphy is asking that this item be continued for thirty days to allow the issues to proceed. Motion by Mayor Pro Tem O'Neil to continue the item for thirty days, and appoint an ad hoc committee (to consist of Mayor Pro Tem O'Neil, Council Members Thomson and Hedges) to work with the Newport Coast residents. Don Gregory, member of EQAC, stated that he felt that EQAC should be appointed as the committee to work with the Newport Coast residents. Mayor Edwards stated that the ad hoc committee appointed in the motion is a committee of council members only. Without objection, the motion carried by acclamation. 20. STATUS OF IMPLEMENTATION OF THE FLETCHER JONES LIGHTS ACTION PLAN. Assistant City Manager Wood stated that Fletcher Jones has completed all the items that it was responsible for, and that the only remaining items left were those to be handled by the City. • Motion by Council Member Glover to receive the update report from City staff; begin the 30 -day review period for actions required of Fletcher Jones Motorcars; and schedule evaluation of lighting improvements and Volume 51 - Page 654 INDEX Annexation Newport Coast (21) Fletcher Jones Motorcars C -3067 (38) City of Newport Beach City Council Minutes March 9, 1998 0 consideration of final certificate of occupancy for April 13, 1998. Carol Hartman, representative of the Bluffs Homeowners Association, stated that the thirty day review period should not begin yet. She stated that, just the night before, lights were on when the facility was closed. Ms. Hartman felt that with the inconsistencies still present and the landscaping to be done by the City still not complete, that the thirty day review period should not begin for at least two weeks. Garth Blumenthal, a representative from Fletcher Jones Motorcars, stated that the lights are automated and can confirm that they go off each night at 10:00 P.M. Mayor Edwards asked Assistant City Manager Wood to explain the thirty day review period and what is involved. Assistant City Manager Wood stated that it will give staff the opportunity to make checks at the property to insure that the requirements set forth are being met, and also to communicate with the residents to obtain their feedback. If problems are discovered, the item could be brought back to the City Council prior to the end of the thirty day review period. Assistant City Manager Wood stated that the landscaping plan should be completed by March 27, 1998. Without objection, the motion carried by acclamation. • 21. APPOINTMENT BY THE CITY COUNCIL TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (appointed by Council upon recommendation of each Council Member). (District 1) Council Member Hedges appointed Martin Weinberg. (District 2) Council Member Debay appointed Kelly Sylvester, Pete Tarr, and Marge Pantzar (at large). (District 3) Council Member Glover appointed Gail Demmer and Virginia Herberts (at large). (District 4) Mayor Edwards appointed Barry Eaton. (District 5) Council Member Noyes appointed Jean Watt. Council Member Noyes thanked. the City Council for allowing EQAC to be a broader committee. He stated that the Economic Development Committee also reacted positively to the new EQAC committee. (District 6) Mayor Pro Tem O'Neil appointed Patrick Bartolic Mayor Edwards appointed Mike Bigi to serve as Chairman of EQAC. Motion by Mayor Edwards to confirm the nominations. Without objection, the motion carried by acclamation. Volume 51 - Page 655 IIN11 1 EQAC (24) u City of Newport Beach City Council Minutes March 9, 1998 Assistant City Manager Wood stated that the committee may not continue to meet the first Monday of the month, but may try to better coordinate with the timing of the City Council and Planning Commission meetings. 22. APPOINTMENTS BY THE CITY COUNCIL TO THE AVIATION COMMITTEE (appointed by Council upon recommendation of each Council Member). Each of the council members stated that they will contact the City Clerk with their appointments. Council Member Glover announced that the next meeting of the Aviation Committee is scheduled for April 6, 1998, with Supervisor Tom Wilson as the scheduled speaker. 23. BAYFRONT RESTAURANT REGULATIONS (Request of Council Member Hedges). Council Member Hedges stated that the staff report was fairly thorough and a good beginning to the project. • Motion by Council Member Glover to refer the issue to the Environmental Quality Affairs Citizens Advisory Committee (EQAC) and the Economic Development Committee (EDC), with direction to look at the possibility of use permit conditions of approval that may be recommended for a majority of restaurants on the bayfront; and that staff be directed to retain a consultant to take noise measurements from existing bayfront restaurants and advise EQAC and EDC on techniques to control noise. Tom Hyans, member of EQAC, agreed that this issue is a good opportunity for EQAC and EDC to establish a working relationship. Mayor Pro Tem O'Neil confirmed with City Attorney Burnham that the pending restaurant applications before the Planning Commission would continue to be processed. Council Member Noyes stated that he does not want Corona del Mar and the Balboa Island restaurants included in the motion. Council Member Glover confirmed that they were not. Without objection, the motion carried by acclamation. 24. BALBOA PENINSULA REVITALIZATION PROGRAM STATUS REPORT. • Council Member Hedges, chairman of Promote Revitalization of Our Peninsula (PROP), stated that the meetings of the committee have been very productive, and some of the topics that have been discussed include the Volume 51- Page 656 14011 HIV No report Bayfront Restaurant Reg (68) Balboa Peninsula Revital PROP (24/68) City of Newport Beach City Council Minutes March 9, 1998 X11 Balboa Theatre, signage, adult business regulation, relocation of the Balboa Fire Station and the Balboa Branch Library, commercial property rezoning, design review, and tenant recruitment. Council Member Hedges recommended that a feasibility study be done by staff to look at the possibility and options of relocating the Balboa Fire Station and the Balboa Branch Library. Motion by Council Member Noyes to direct staff to conduct a feasibility study regarding the relocation of the Balboa Fire Station and the Balboa Branch Library. City Manager Murphy stated that staff is in the process of looking at the GIS system and what the implications would be in moving the Balboa Fire Station. Council Member Debay stated that she is encouraged by the participation of the local area residents and businesses. She announced that the next meeting of PROP would take place on Monday, April 13, 1998, at noon at Newport Landing. Tom Hyans suggested that the phone company building be looked at as a possible site for the relocation being discussed. Assistant City Manager Wood noted the suggestion. • Council Member Glover asked about the cost of doing an in -house feasibility study. City Manager Murphy responded that the cost would be in pulling staff from other projects they would be working on. He stated that the Fire & Marine and GIS staff have already begun looking at the possible relocation of the Balboa Fire Station, the implications and response time. City Manager Murphy stated that the next step might involve individuals in the community to look at the value of properties, the acquisition of new sites and the sale of the existing sites. Virginia Herberts, member of EQAC, stated that she is concerned about the cost of moving the fire station and the library such a short distance and about the $50,000 that was recently spent on the children's section of the Balboa Branch Library. Council Member Hedges directed staff to include in the study the cost of maintaining the current fire station. Louise Fundenberg, 808 West Balboa Blvd., stated that the City Council at its meeting of April 28, 1997, voted to eliminate the consideration of forming a redevelopment agency as part of its direction for BPPAC. She stated her opposition to the forming of a redevelopment agency on Balboa Peninsula, or any part of Newport Beach. . Will Longyear, 215 Via San Remo, stated that he has not been receiving notification of the meetings involving the changes to the peninsula. He stated that he is concerned about the amount of money being spent on Volume 51 - Page 657 City of Newport Beach City Council Minutes March 9, 1998 0 something that may not wor Martha Durkee, P. O. Box 3353, stated that she heard from some of the attendees of the PROP meetings that not everyone at the meetings was in agreement with the idea of moving the fire station and library. She also inquired about the options that have been looked at to entice property owners to make changes and modifications to improve their properties. Council Member Hedges stated that PROP is looking at the entire peninsula and that redevelopment has been one of the topics that has been discussed, but no action has been taken to entice property owners to improve their properties. Ms. Durkee stated that the City Council should not ignore the signatures that were collected opposing redevelopment. Council Member Noyes stated that the PROP meetings have been productive and have covered many different topics, focusing on revitalizing the peninsula. The mot Ayes Noes: • Abstain: Absent: on carried by the following roll call vote: Thomson, Debay, O'Neil, Hedges, Noyes Glover, Mayor Edwards None None Council Member Hedges stated that everyone is invited to attend the PROP meetings, and that the direction of the actions suggested by PROP and even the continuance of PROP will come from the residents of Balboa Peninsula. 25. ANNUAL REVIEW OF THE BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE FOR THE PURPOSE OF DETERMINING THE NECESSITY FOR CONTINUING THE EXISTENCE OF THE COMMITTEE (Request of Council Member Hedges). Motion by Council Member Glover to discontinue the Bicycle Trails Citizens Advisory Committee, and for future issues to 'be handled by a standing committee or an ad hoc committee appointed by the mayor. Council Member Debay stated that the current members of the Bicycle Trails Committee should feel welcome to attend the meetings of the Public Works Committee or Public Safety Committee to address bicycle issues. Mary Moyer, 2157 Miramar, requested that the City continue on with the bicycle trails continuity issues and access. City Manager Murphy confirmed that the Public Works Committee and • Public Safety Committee would take up future bicycle trails issues, and that Senior Civil Engineer Brine and Transportation and Development Services Manager Edmonston would be the primary contacts. Volume 51 - Page 658 INDEX Bicycle Trails Citizens Advisory Committee (24) • City of Newport Beach City Council Minutes March 9, 1998 Council Member Debay requested that a letter of appreciation be sent to those members that have served on the committee. Without objection, the motion carried by acclamation. 26. APPOINTMENT OF COUNCIL LIAISON (REPORTING MEMBER) TO THE BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE. No action necessary. Committee sunsetted, see Item #25. 27. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION. The City Council members voted as follows: Mayor Edwards, Mayor Pro Tem O'Neil, and Council Members Noyes, Glover and Hedges voted for Amy Vieth. Council Members Debay and Thomson voted for Arlene Cartozian. Mayor Edwards announced that Amy Vieth is the appointment to the City Arts Commission to serve the balance of the unexpired term of Riki Kucheck which expires on June 30, 1999. MOTION FOR RECONSIDERATION - None ADJOURNMENT - 10:12 p.m. + r * *,tttt «ttato� «aa * *����ttttt�rx The agenda for the Regular Meeting was posted on March 5, 1998, at 1:10 p.m. and the Supplemental Agenda was posted on March 6, 1998 at 1:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. E j4. F � E 1 Volume 51 - Page 659 INDEX Bicycle Trails Citizens Advisory Committee (24) Arts Commission (24)