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HomeMy WebLinkAbout05/10/1993 - Regular MeetingCOUNCIL MEMBERS PVent Excused Motion All Ayes Motion All Ayes • 0 CITY OF NEWPORT BEACH REGULAR COUNCIL NESTING PLACE: Council Chambers TIM: 7:00 P.H. DATE: may 10, 1993 Barbara Shelton and Gordon Kilmer of the Environmental Quality Committee, along with Mayor Pro Tem Watt and Mayor Turner, presented Certificates of Appreciation, Gift Certificates, and $50 U.S. Savings Bonds to each of the winners of the 13TH ANNUAL EARTH DAY POSTER CONTEST. ROLL CALL Reading of Minutes 1993, was waived, ordered filed. Reading in full resolutions under and City Clerk was only. PUBLIC HEARINGS of Meeting of April 26, approved as written, and of all ordinances and consideration was waived, directed to read by titles MINUTES 1. Mayor Turner opened the continued public CDBC hearing regarding Amendment of the 1992- (87) 93 Community Development Block Grant (CDBG) Final Statement and Application for a Department of Housing and Urban Development (HOD) Section 108 Loan. Report from the Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Ken Allen, 1607 Highland Drive, in support of CDBG funding for affordable housing. Craig Bluell, Principal Planner, stated that at the City Council meeting of April 26, 1993, four concerns were expressed by the Council regarding the subject proposal which he has addressed in his staff report. Those concerns involve the level of funding; the number of units being provided; other opportunities for use of the funds; and the ability of the developers to complete the project. The purpose of the proposed development is to preserve, improve and increase the supply of affordable housing in the City. The property is located on Tustin Avenue, and the six units on site will be improved with the rents to remain at an affordable level; two additional units are to be constructed making a total of eight affordable units for a term of 50 years. The proposed project is consistent with the City's housing goals, policies and housing element program; the development is also consistent with the City's Comprehensive Affordable Housing Strategy and the developer has made soft -cost expenditures to comply with City requirements; the financial analysis of this project shows that the community will receive a $490,179 benefit in the form of below market rents for the granting of $450,000, and the total annual difference in rents over the Volume 47 - Page 87 x x x x x x x x x REGULAR COUNCIL NESTING PLACE: Council Chambers TIM: 7:00 P.H. DATE: may 10, 1993 Barbara Shelton and Gordon Kilmer of the Environmental Quality Committee, along with Mayor Pro Tem Watt and Mayor Turner, presented Certificates of Appreciation, Gift Certificates, and $50 U.S. Savings Bonds to each of the winners of the 13TH ANNUAL EARTH DAY POSTER CONTEST. ROLL CALL Reading of Minutes 1993, was waived, ordered filed. Reading in full resolutions under and City Clerk was only. PUBLIC HEARINGS of Meeting of April 26, approved as written, and of all ordinances and consideration was waived, directed to read by titles MINUTES 1. Mayor Turner opened the continued public CDBC hearing regarding Amendment of the 1992- (87) 93 Community Development Block Grant (CDBG) Final Statement and Application for a Department of Housing and Urban Development (HOD) Section 108 Loan. Report from the Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Ken Allen, 1607 Highland Drive, in support of CDBG funding for affordable housing. Craig Bluell, Principal Planner, stated that at the City Council meeting of April 26, 1993, four concerns were expressed by the Council regarding the subject proposal which he has addressed in his staff report. Those concerns involve the level of funding; the number of units being provided; other opportunities for use of the funds; and the ability of the developers to complete the project. The purpose of the proposed development is to preserve, improve and increase the supply of affordable housing in the City. The property is located on Tustin Avenue, and the six units on site will be improved with the rents to remain at an affordable level; two additional units are to be constructed making a total of eight affordable units for a term of 50 years. The proposed project is consistent with the City's housing goals, policies and housing element program; the development is also consistent with the City's Comprehensive Affordable Housing Strategy and the developer has made soft -cost expenditures to comply with City requirements; the financial analysis of this project shows that the community will receive a $490,179 benefit in the form of below market rents for the granting of $450,000, and the total annual difference in rents over the Volume 47 - Page 87 «4nIMS C �s ROLL CRLL • • • r"1 CITY OF NEWPORT BEACH rl_%\\ May 10, 1993 50 year term before being adjusted to 1993 dollars is $4)5811�758; the project will provide restoration to the existing buildings, correction to the swimming pool, an accessible handicapped unit which is not required, as well as parking for the handicapped; the developer is not requesting any waiver of fees, and the project is in conformance with building and planning standards. Robert R. Weber, 420 Heliotrope Avenue, addressed the Council in support of the proposed project. He stated that it has been 32 months since a request has come before the Council for affordable housing, and he felt the staff has done a good job in helping to put this project together. He also felt the City has a commitment to affordable housing, inasmuch as a number of people who work in Newport Beach cannot live in the City because of the high cost of rent. Susan Oakson, 520 Iris Avenue, Director of the Homeless Issue Task Force of Orange County, addressed the Council in favor of the proposal to provide additional affordable housing within the City, and expressed particular appreciation for the unit proposed for the physically handicapped. Jim White, General Partner of Tustin Avenue Partners, addressed the Council in support of their proposed development, and stated that in order to provide the eight units, they have to tear down one unit and a free standing garage. He stated he was available for questions. In response to question raised by Council Member Hart, Mr. White stated that the purchase price of the property is $770,000. Council Member Debay commented that she was pleased with the affordable housing projects constructed in West Newport by the same developer and felt the units were of good quality for low income units. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Hart stated that for a number of years she has served on the Orange County Homeless Task Force, and has always been supportive of affordable housing in the City; however, she does not think this particular project is a good value for what the City is attempting to accomplish; the property is being sold for under $800,000 and the City's commitment will exceed one -half million dollars when interest is added; this project also commits the City to a long -term project which will exclude the City from considering any future Volume 47 - Page 88 21111130 CDBG /HUD COUNCIL MEMBERS ROLL CRLL Motion 0 Motion • CITY OF NEWPORT BEACH \%\1 May 10, 1993 projects that could come before the Council which might be of a far greater value to the City; the City still owes money on the West Newport Community Center and it would be her suggestion to pay off that loan and wait until another CDBG project comes along. In view of the foregoing comments, Council Member Hart moved to postpone action on the proposed affordable housing project, and to pay off the existing loan at the West Newport Community Center with the CDBG funds. Mr. Bluell stated that the entire repayment of the Community Center will be with CDBG funds and the current amount owed is $265,000 per year which will be paid off in two years. At the end of the two years, there will be a four -year payment plan to pay off the principal and interest on the proposed loan. After the Community Center loan is paid these will be funds available to do future projects and pay the proposed loan. CDBG funds are Federal entitlement funds that are granted to cities and if they are not applied for to improve its community, those funds are lost to that city. If the CDBG loan program is discontinued, the City is not liable in any way to pay those funds back and the loan is forgiven by HUD. The City has two years in which to use CDBG funds that it applied for. Council Member Sansone reported that he had contacted the Oakwood apartments in Newport Beach regarding rental rates, and was told that a one bedroom rents for $649 per month, while a two bedroom unit is $869, both of which are within the rental rates for "affordable" housing. Mayor Turner stated that he will not be supporting the motion made by Council Member Hart as he felt the HOD program is to help cities provide affordable housing; it is a program which everyone pays for as a taxpayer, and the City has approved similar projects in which compromises have been made to help achieve the requirements of the City's Housing Element. In view of his comments, Mayor Turner moved a substitute motion to adopt a proposed resolution authorizing the City Manager to submit an amendment to the 1992 -93 CDBG Final Statement and to apply for a HUD Section 108 loan, including all understandings and assurances contained therein, and to act as the official representative of the City in connection with the submission and application and to sign contracts with appropriate subagents to carry out the program. Council Member Sansone stated he will not be supporting the substitute motion as he felt the City should be looking at the rental units already available in Volume 47 - Page 89 MINUTES CITY OF NEWPORT BEACH COUNCIL MEMBERS `s May 10, 1993 ROLL CRLL MINUTES INDEX the City (such as the Oakwood Apartments), and that the City should apply the CDBG funds to its current obligation. ,A x x x The substitute motion was voted on and N40 x x x FAILED. Ayes x x x The original motion made by Council Noes x x x Member Hart was voted on and also FAILED. CURRENT BUSINESS Mayor Turner stated that inasmuch as a large number of people are in attendance regarding the WEDGE, he would take it out of order and consider it at this time. 31. Report from the Marine Department Marine Dpt/ concerning YEAR AROUND FLOTATION DEVICE Wedge FREE ZONE AT THE WEDGE. (51) The City Clerk advised that after the agenda was printed, a letter was received from Roger Darnell in opposition to banning bodyboards and surfboards at the Wedge, as well as a petition with 112 signatures in support of allowing board - riding to continue at the Wedge during the non - blackball hours. David Harshbarger, Marine Director, summarized his report, wherein it was • noted that currently, Resolution No. 89- 10 bans all flotation devices, such as boogies boards, surf mats, body boards and surfboards at the area commonly known as the Wedge, when the Blackball Flag on the lifeguard tower is displayed. The Wedge is the immediate sand area adjacent to the west jetty at the entrance channel. The Wedge is world renowned for its large waves during periods of south swell in the spring, summer and fall months. The existing Resolution No. 89 -10, established the Wedge as a "bodysurfing only" area during the summer season when the lifeguard tower is staffed and the "Blackball Flag" is displayed. The "Wedge Preservation Society" has requested the Marine Department to review a proposal from this group and prepare a staff report for the Council to consider adopting a resolution whereby the Wedge would become a bodysurfing preserve. In other words, no flotation devices would be allowed at the Wedge from the west jetty, west five hundred yards to "M" Street. This "flotation free zone" would be posted and blackballed year around. The Balboa • Peninsula Point Association has reviewed a presentation by the "Wedge Preservation Society" and has endorsed their recommendation and drafted a letter to this effect over the signature of its President, Don Elder. The Marine Department's ability to enforce surfing regulations is a function of location, Volume 47 - Page 90 COUNCIL MEMBERS OL L XLXX • 0 • CITY OF NEWPORT BEACH May 10, 1993 existing natural boundaries and staffing levels. The Wedge location provides a cost effective location on our beach to enforce a "flotation free zone." The west jetty provides an absolute boundary on one side of the proposed zone, and general surf conditions to the west of the proposed zone do not promote usage by persons using flotation devices. The Marine Department would be able to enforce this proposal with their current staffing levels most times of the year. It was also noted that in 1989, the 44th Street zone in West Newport between the two rock jetties, was made into a "bodyboard only" area from 6 a.m. to 12 midnight from May 1 to October 31. Terry Wads, President, Wedge Preservation Society, addressed the Council and stated they represent 80 to 100 bodysurfers; the Wedge is historically the best wave anywhere for bodysurfing, and he has been bodysurfing there since 1974; because of the existing regulations at the Wedge, there are approximately 85 days out of the year that there are no flotation devices in the water; also, it is very difficult to compete with bodyboards inasmuch as they always catch the wave first; as a result, they would like the City to consider a compromise for both bodysurfers and board - riders. Bill Sharp, representing Board- riders at the Wedge, addressed the Council and submitted over 600 additional signatures in opposition to any ban of flotation devices at the Wedge. He stated they are also opposed to any further restrictions of recreational use at the Wedge; everyone should have an opportunity to bodysurf or board -ride at the Wedge; however, the majority of users at the Wedge are board - riders; the bodysurfers already enjoy the Wedge from 10 a.m. to 5 p.m. , and to extend the hours or approve of a further compromise would not be fair to the board - riders. The following persons addressed the Council in sunnort of retaining the existing schedule for bodysurfers and board - riders at the Wedge: Mike Smith, no address given, (board- rider) Rich Crosby, bodyboard photographer Richie Collins, no address given, (board- rider) Charles Parks, no address given, (skim board - rider) Matt Allen, no address given Greg Gore, no address given The following persons urged the City Council to ban flotation devices entirely at the Wedge: Tom Kennedy, no address given, (bodysurfer) Phillip Casteo, no address given (bodysurfer) Volume 47 - Page 91 MINUTES INDEX COUNCIL MEMBERS Motion • Ayes x x x Noes i x x • CITY OF NEWPORT BEACH May 10, 1993 x Following consideration, Council Member Debay moved to adopt Resolution No. 93- 33, banning flotation devices at the Wedge from 10 a.m. to 5 p.m. from May 1 to October 31. Council Member Cox stated he will not support the motion as he approved of the original compromise in 1985. X The motion was voted on and carried. 2. Mayor Turner opened the public hearing regarding APPEAL OF AVE% REALTY CORPORATION from the decision of the Planning Commission at its meeting of March 18, 1993, approving request of Penco Engineering, Inc., Irvine, Applicant for RESUBDIVISION NO. 997, to resubdivide two existing parcels of land into three parcels for conveyance purposes, located in the APF -H District, located at 210 Newport Center Drive, on property bounded by San Miguel Drive, Avocado Avenue, Farallon Drive, Anacapa Drive and Newport Center Drive, in Newport Center. Report from the Planning Department. Appeal application from Avex Realty Corporation. Letter from appellant's Attorney Michael W. Burnett, requesting a 30 day extension to another hearing date. The City Clerk advised that after the agenda was printed, a letter was received from The Irvine Company, objecting to the request for continuance of the public hearing on the ground that the purpose of the resubdivision is for conveyance purposes to complete a sale of real property; that all existing easements will be maintained, and therefore, the appellant has no standing to continue this hearing. The Planning Director summarized the application; outlined the subject property on the parcel map, and answered questions of the Council. Michael W. Burnett, Attorney representing the Appellant, addressed the Council and stated he is in the process of gathering documentation in terms of the lease provisions of the ground lease, CC&R's, and confirmation of title, etc., therefore he would like to continue this matter for at least two weeks. Mike Padian of The Irvine Company, addressed the Council and stated they do not believe there is a need for this appeal or hearing, as it will not change anything, and that the map is ready to record. Volume 47 - Page 92 MINUTES 84) INDEX :Ii7 COUNCIL MEMBERS • Motion All Ayes • • X CITY OF NEWPORT BEACH May 10, 1993 Lawrence Davidson, legal counsel for Edwards Theater Circuits, addressed the Council and stated that future plans have been drawn for the site, but are merely in conceptual stage at this time. What is before the Council at this time is simply a line over open space common area that is not used for parking and consists of a slope of land extending from approximately the front of the Good Earth Restaurant to Newport Center Drive. The reason for this tentative parcel map is so there can be a legal description of real property; that title insurance can be issued; and the transaction can close. Nothing whatsoever will change as to the use of the property or with regard to any of the rights. Following consideration, motion was made to continue this hearing to May 24, 1993. Mayor Turner opened the public hearing regarding Circulation Improvement and Open Space Agreement (CIOSA) - DEVELOPMENT AGRFMEENT NO. 6 - Request to amend Development Agreement No. 6 to incorporate an addendum to the agreement which sets forth clarifying language, including the scope of future discretionary actions of the City and the California Coastal Commission, and adds exhibits with a higher level of detail which were prepared subsequent to the original adoption of the agreement. Report from the Planning Department. Patricia L. Temple, Advance Planning Manager, summarized her report, as well as a supplemental report on this subject, noting that the staff and The Irvine Company have been working with the Coastal Commission staff to finalize the terms of an addendum to the Circulation Improvement and Open Space Agreement - Development Agreement No. 6. The language and exhibits proposed for addition to the development agreement provide for more specific definition of the authority of the Coastal Commission in the subsequent review and approval of Coastal Development permits, as well as define the parameters of the wetlands mitigation proposed for the project for impacts on the Upper Castaways and Newporter North sites. No changes to the fundamental provisions of the agreement will result from the adoption of the addendum. It is the position of the staff that since the proposed additional language only makes clarifications to the existing agreement, and sets forth wetlands mitigation criteria which are not the Volume 47 - Page 93 MINUTES OSAI r Impvm en Space m #6 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS S May 10, 1993 R01 _L CALL MINUTES INDEX jurisdiction of the City of Newport Beach, that the addendum to the development agreement as proposed be approved. Tom Redwitz, Vice President of Land Division of The Irvine Company, • addressed the Council and stated they were in concurrence with the addendum. He also complimented Ms. Temple for "her diligence in this effort to work out the language with Coastal Commission staff." Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to introduce proposed All Ayes ORDINANCE 30. 93 -8, and pass to second Ord 93 -8 reading on May 24, 1993, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE IRVINE COMPANY FOR THE CIRCULATION IMPROVEMENT AND OPEN SPACE AGREEMENT (DEVELOPMENT AGREEMENT NO. G). PUBLIC COMMENTS 1. Noel Keyes, 1510 Sandcastle Drive, INS addressed the Council and requested Registrtn consideration of an ordinance which requires notification to the Immigration and Naturalization Service (INS) of • illegal aliens booked in city jails. He stated he is visiting many of the Orange County cities requesting this action be taken. 2. Robert Farrell, 1008 Westcliff Drive, Sidewalk addressed the Council regarding the Repair City's policy on sidewalk repairs which requires residents to pay for damages to public sidewalks caused by private trees. He stated he recently purchased a home in the Dover Shores area of the City, and on February 12, 1993 he received a letter from the City advising him that he was to replace sidewalks adjoining his property due to uprooting of trees. He discussed three areas of concern, after which the City Attorney advised that he would review the policy and be in touch with Mr. Farrell. 3. Yvonne Houssels, representing Harbor CdM Pkg View Hills Homeowners South, questioned Meters the Council regarding the rumor that parking meters were being considered for Corona del Mar. Council Member Sansone advised that the Los Angeles Times had run a newspaper • article on this subject in error, and assured Ms. Houssels that no parking meters are being considered for Corona del Mar. Volume 47 - Page 94 COUNCIL MEMBERS �o ROLL CRLL s Motion All Ayes • 0 CITY OF NEWPORT BEACH MINUTES May 10, 1993 INDEX CONSENT CALENDAR X The following items were approved except for those items removed: ORDINANCES FOR INTRODUCTION Pass to 2nd reading on Nay 24, 1993: 4. Removed from the Consent Calendar. 5. Removed from the Consent Calendar. Schedule for public hearing on May 24, 1993 - 6. Proposed ORDINANCE M0. 93 -9, being, Ord 93 -9 Utilities AN ORDINANCE OF THE CITY COUNCIL Basic Wtr OF THE CITY OF NEWPORT BEACH Qnty Rate AMENDING VARIOUS CHAPTERS OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL (89) CODE SETTING THE BASIC WATER QUANTITY RATE AT $1.69 PER HUNDRED CUBIC FEET; AND MODIFYING THE NWATER CAPITAL IMPROVEMENT CHARGES• FOR LAND DEVELOPMENTS TO $2,950 PER ACRE. [Report from the Utilities Department] 7. Proposed ORDINANCE NO. 93 -10, being, Ord 93 -10 Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO INCREASE THE PERMITTED 3 FOOT HEIGHT LIMIT FOR FENCES, WALLS, HEDGES, AND SCREEN PLANTING WITHIN THE REQUIRED FRONT YARD SETBACKS IN SPECIFIC RESIDENTIAL DISTRICTS, AS WELL AS THAT OF ARCHITECTURAL FEATURES SUCH AS PILASTERS, CATES AND LIGHT FIXTURES (EXCEPT WITHIN REQUIRED SIGHT DISTANCE TRIANGLES); ADD LANGUAGE TO SECTION 20.02.070 OF THE MUNICIPAL CODE SO AS TO REQUIRE A SIGHT DISTANCE TRIANGLE AT THE INTERSECTION OF STREETS AND DRIVEWAYS; AND AN AMENDED SIGHT DISTANCE AREA AT STREET INTERSECTIONS; AND DELETE THE REQUIREMENT FOR A USE PERMIT FOR FENCES IB SPECIFIC LOCATIONS, SINCE SUCH FENCING IS CURRENTLY REVIEWED BY THE MODIFICATIONS COMMITTEE (PLANNING COMIIISSION AMENDMENT NO. 777). [Report from the Planning Department] B. Proposed ORDINANCE NO. 93 -11, being, Ord 93 -11 Business AN ORDINANCE OF THE CITY COUNCIL License Ta : OF THE CITY OF NEWPORT BEACH (40) AMENDING CHAPTER 5.08 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING LICENSE FEE CATEGORIES. [Report from the Revenue Manager, Finance Department] Volume 47 - Page 95 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES S May 10, 1993 ROLL CRLL INDEX RESOLUTIONS FOR ADOPTION 9. Resolution No. 93 -26 ordering the PW /Vacation SUMMARY VACATION AND ABANDONMENT of an Spyglass unused easement for pedestrian and Hill Area bicycle trails, landscaping, water lines Res 93 -26 • and appurtenances in Lot A, Tract No. (90) 7844, located adjacent to San Joaquin Hills Road, easterly of Spyglass Road in the SPYGLASS HILL area (City Clerk to have the Resolution recorded by the County Recorder). [Report from the Public Works Department] 10. Resolution No. 93 -27 declaring that Fire /Weed WEEDS AND OTHER NUISANCES exist and Abatement schedule a public hearing on June 14, Res 93 -27 1993, regarding their abatement. (41) [Report from the Fire Chief] 11. Removed from the Consent Calendar. 12. Resolution No. 93 -28 establishing NO Pkg Rstrctn PARKING for street sweeping restrictions Flagship Rd from 8:30 a.m. to 12:30 p.m., on Fridays Res 93 -28 on the east side of FLAGSHIP ROAD; and (85) on Tuesdays on the west side of Flagship Road. [Memorandum from the Public Works Department /Traffic Engineering] 13. Resolution No. 93 -29 designating the Planning/ area within the boundaries of the McFdn Sq MCFADDEN SQUARE ASSESSMENT DISTRICT AS Asmt Dist "OLD TOWN;" and direct the Planning Res 93 -29 Department staff to continue to work (68) with the Newport Pier Association in • developing a comprehensive sign program and potential revisions to the MCFADDEN SQUARE SPECIFIC AREA PLAN. [Report from the Planning Department] 14. Resolution No. 93 -30 reducing the amount Utilities/ of charges levied by other agencies for Wtr Srvc water services to be shown on the Res 93 -30 UTILITY BILL as a separate item from (89) $1.94 per bi- monthly period to $0.79 per bi- monthly period. [Refer to report w /agenda item 06] 15. Resolution No. 93 -31 modifying the Utilities/ current phase of the City's WATER Wtr Cnsrvti CONSERVATION ordinance to level zero and Res 93 -31 rescind Resolution No. 92 -56 which (89) called for voluntary water rationing. [Refer to report w /agenda item 06] 16. Resolution No. 93 -32 establishing Ofcl Police charges for OFFICIAL POLICE TOW TRUCK Tow Srv/ SERVICES and approving the tow truck G &W(C -2148: rate schedules for services within the Harbor City of Newport Beach for G & K TOWING AND HARBOR TOWING and rescinding C -2147 Resolution No. 91 -54. [Memorandum from (38) the Revenue Manager /Finance Department] CONTRACTS /AGREEMENTS 17. Authorize the execution of an Bal B1 St engineering agreement with Robert Bein, Imprvms/ William Frost and Associates for BALBOA Adams - "A" BOULEVARD STREET IMPROVEMENTS ADAMS C -2945 STREET TO "A" STREET. [Report from the (38) Public Works Department) Volume 47 - Page 96 COUNCIL MEMBERS \10� -\\� Mk • r �i CI CITY OF NEWPORT BEACH MINUTES May 10, 1993 INDEX 18. PERSONNEL VACANCY - For approval: [Memorandum from Personnel Department] One Fire Administrative Clerk, Fire Department. Two Park and Tree Laborers, Parks Division. 19, r.TAINS _ For Denial by the City Manager: Cynthia Brummett for damages alleging Brummett personal injuries as a result of traffic accident on November 4, 1992 at Bristol Street and Jamboree Road. Dunn Edwards Corporation for employee Dunn Edward: Cynthia Brummett (refer to foregoing claim) Darryl L. Laws alleging City caused Laws entry onto claimant's property and destroyed plants, walls, fences, etc., at 500 39th Street, September 1992. Michele Pohl for property damage to Pohl vehicle on March 24, 1993, as a result of pothole at entrance of 3617 East Pacific Coast Highway, Corona del Mar. Ted Ropchan alleging injuries as a Ropchan result of stop sign pole (south /west corner of 11th Street and Balboa Boulevard) falling onto claimant's right shoulder /neck area on April 10, 1993. Eileen P. Thompson for partial Thompson reimbursement for reconstruction of repair of sidewalk at 116 Sapphire Avenue, Balboa Island. Alfred S. Wach alleging tire damage to Wach his vehicle on April 14, 1993 as a result of piece of metal protruding through sidewalk in front of West Newport Library on Pacific Coast Highway. The following represent claims for reimbursement of back pay for firearms training from the Police Department: Trent Harris, and Steven Van Horn 20. Approve report from the Deputy City Manager regarding comments on EIR 546, JOHN WAYNE AIRPORT ACCESS PLAN AMENDMENTS. 21. For information and filing, report to the City Manager regarding PLANNING COMMISSION ACTIONS AT ITS MEETING OF APRIL 22, 1993. 22. ACCEPTANCE OF BALBOA BOULEVARD REHABILITATION FROM 23RD STREET TO 32ND STREET; PLACENTIA AVENUE AND SUPERIOR AVENUE REHABILITATION (CONTRACT NO. 2910) - Accept the work; and 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 the Public Works Department] Volume 47 - Page 97 PD John Wayne Arprt (54) Planning (68) Bal B1 Rehab C -2910 (38) COUNCIL MEMBERS 1091VM1V\A0q1A ROLL • is • CITY OF NEWPORT BEACH May 10, 1993 23. Removed from the Consent Calendar. 24. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE WESTMINSTER AVENUE AND BROAD STREET PUBLIC RIGHTS -OF -WAY ADJACENT TO 463 WESTMINSTER AVE NOR , NEWPORT HEIGHTS - Approve the application and authorize the execution of an Encroachment Agreement for non - standard improvements and an Encroachment Permit from Public Works Department (City Clerk to have the agreement recorded with the Orange County Recorder). [Report from the Public Works Department] 25. HARBOR PER APPLICATION NO. 105 -2525 - Approve, subject to conditions in the staff report, request by THE CHANNEL REEF COMMUNITY ASSOCIATION to revise the docks bayward of their condominium project at 2525 Ocean Boulevard. [Report from the Marine Department] MINUTES ;65) (51) INDEX or Perm 105 -252' 26. HARBOR PERMIT APPLICATION N0. 132 -201 - Harbor Perm Approve, subject to conditions in the Apl 132 -201 staff report, request by THE IRVINE (51) COMPANY to revise the permit for the commercial marina bayward of 337 East Coast Highway. [Report from the Marine Department] 27. HARBOR PERMIT NO. 259 -106 - Approve, Harbor Perm subject to conditions in the staff Apl 259 -106 report, request to transfer the subject (51) permit for the residential pier and float bayward of 106 South Bay Front. [Report from the Marine Department] 28. BUDGET AMENDMENTS BA -029, $1,000 - Increase in Revenue PB &R Estimates, and Budget Appropriations for (62) additional $1,000 to the Parks, Beaches & Recreation Special Departmental Supplies account (donation from the Rotary Club to help offset cost of City- wide children's track meet); PB&R Fund. [Memorandum from the Parks, Beaches and Recreation Department] BA -030, $1,604 - Transfer in Budget Appropriations funds to set aside for professional technical services in the Parks, Beaches and Recreation fund to their capital outlay account for the purchase of a laser printer; PB&R Fund. BA -031, $5,712.06 - Increase in Budget Appropriations and decrease in Budgetary Fund Balance for additional $5,712.06 to the Planning Department's Capital Outlay - Office Equipment Account for the purchase of new tape recorders for the City Council Chambers; Planning Fund. BA -032, $2,835 - Increase in Budget GS Appropriations to provide for Special (44) Refuse Collection for residents of West Newport on Saturday, June 19, 1993; General Services - Refuse Fund. [Memorandum from General Services Director] Volume 47 - Page 98 COUNCIL MEMBERS S � ROLL C • • • CITY OF NEWPORT BEACH May 10, 1993 BA -033, $35,000 - Increase in Budget Appropriations to provide for purchase of Fleet Automation Systems software to monitor the status /replacement of 500 vehicles in City fleet; General Services - Equipment Maintenance Fund. [Memorandum from General Services Director] ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.040 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING PARKING METER FEES. [Memorandum from the Public Works Department /Traffic Engineering] 5. Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 12.44.020 OF THE NEWPORT BEACH MUNICIPAL CODE ADDING PARKING METER ZONE NINE. [Memorandum from the Public Works Department /Traffic Engineering] MINUTES INDEX (44) Pkg Meter Fees (85) Pkg Meter Zones (85) 11. Proposed Resolution establishing off- Pkg Meters street parking meter zones and (85) regulations for the OPERATION OF PARKING METERS and rescinding Resolution No. 90- 30. [Memorandum from the Public Works Department /Traffic Engineering] Council Member Debay indicated she pulled these three items from the Consent Calendar inasmuch as there are a number of West Newport residents in the audience who would like to address the Council on the subject of parking meters. Richard Edmonston, Traffic Engineer, stated one of the reasons these items are somewhat confusing is that the State law provides that parking meters placed on streets have to be established and the fee set by ordinance; whereas, meters in City parking lots, those zones and regulations can be established by resolution. He referenced a map on display which depicted parking meter zones by color, and stated that parking areas within the coastal area are higher rates, with the business areas at a lower fee. The purpose of increasing the parking rates is due to the need to generate revenue for the City and help offset costs connected therewith. Regarding the proposed increase in parking meter hours, he stated it was felt this proposal would Volume 47 - Page 99 COUNCIL MEMBERS s ROLL CRLL • • CITY OF NEWPORT BEACH MINUTES May 10, 1993 1ui :0 be a compromise for the residents but kg Meters/ staff also realizes there could be Zones problems. If the Council wishes to revise the recommended hours, perhaps further direction should be given to the Offstreet Parking Committee. Pertaining to the feasibility of implementing a residential parking permit program for the Seashore Drive area, Mr. Edmonston stated that the Off- Street Parking Committee is looking into this matter and will be meeting again to review some options with a possible report to the Council on May 24. Jerry Cobb, 6304 W. Ocean Front, addressed the Council in opposition to the proposed placement of parking meters on Seashore Drive between 56th Street and Summit Street. He stated he felt that most residents throughout the City are against having parking meters on residential streets; the area proposed consists of nineteen blocks with 107 on street parking spaces for 226 residences; he does not feel this is the appropriate time to spend $40,000 for parking meters due to budgetary constraints; the City and the West Newport community is attempting to change its image to a more resident /friendly area, and to install parking meters on Seashore Drive would be in direct conflict to that objective. Paul Watkins, 6408 W. Ocean Front, addressed the Council and concurred in the remarks of Jerry Cobb to not install parking meters on Seashore Drive. He stated that parking meters would only detract from their goal to make West Newport a better place to reside and more family oriented. Bill Schonlau, President, West Newport Beach Association, addressed the Council and spoke in opposition to the proposal to extend the parking meter hours at the Newport Pier area from 6 to 8 p.m. He stated that the Newport Pier Association feels such a change in time would have a drastic negative effect on the restaurants in that area as well as all beach communities that have those extended hours. Regarding the recommendation for parking meters on Seashore Drive, he suggested that the money that is projected to be received from the placement of these meters, be replaced with new revenue sources from a program similar to that being used by Los Angeles County involving "tasteful advertising" on trash cans, lifeguard towers, bike racks, phone booths, clocks, thermometers, benches, etc. He stated he will submit detailed specifics of the program to all members of the City Council. Val Skoro, owner of property at 107 Highland Avenue, addressed the Council and also spoke in opposition to the proposal for parking meters on Seashore Drive and the proposed extension of time on parking meters from 6 p.m. to 8 p.m. Volume 47 - Page 100 CITY OF NEWPORT BEACH COUNCIL MEMBERS �` f S' � May 10, 1993 ROLL CRLL MINUTES INDEX Gas Co. Supply Ln/ Npt Bch Alignment (74) The City Manager commented that he, too, supports the goal of making West Newport a more resident /friendly area; however, with regard to the parking meter issue in general, staff was instructed to look at all areas that could generate • additional revenue due to the State's budget shortfall and its effect on Newport Beach. Staff is also investigating a residential parking permit program for the Seashore Drive area. He emphasized that it is not the intent of the City to change the character of West Newport, but at the same time, he felt it has to be recognized that this area is one part of the City that has a great deal of visitor traffic, and inasmuch as there are parking meters already in place in the parking lots in West Newport, it is felt that parking meters on the street would not be a radical departure of what is already there, providing such a change will work with the homeowners. Motion x Following discussion, Council Member All Ayes Hart moved to refer agenda items No. 4, 5 and 11 to the Offstreet Parking Committee for reconsideration and report back at the neat Council meeting. 23. CAS COMPANY SUPPLY LINE REPLACEMENT PROJECT THROUGH NEWPORT BEACH /ALIGNMENT PROPOSAL - Request to approve The Gas Company's request for an alignment to construct their replacement supply line • through Newport Beach from the easterly City limit along Coast Highway to Avocado Avenue then northerly up Avocado Avenue to San Joaquin Hills Road and westerly in San Joaquin Hills Road to join their newly constructed line at Santa Cruz Drive subject to recommended conditions. [Report from the Public Works Department] The Public Works Director stated his report is a follow -up to a discussion that was held before the City Council two weeks ago of alternatives for constructing the Gas Company's replacement transmission main through Corona del Mar, and a number of alternative alignments are set forth in his report. In the interest of time, the Public Works Director described in detail the recommended alignment which is identified as Alternative No. 3 - Coast Highway to Avocado to San Joaquin Hills Road to Santa Cruz Drive; Cost - $2.1 million, Distance - 3.2 miles, Impact to residents - minor, Impact to businesses - moderate. • It was pointed out by the Public Works Director that the businesses in Corona del Mar have gone through some very difficult times recently with the installation of both water and sewer lines, and therefore, a number of conditions of approval are recommended if alternative No. 3 is approved. He Volume 47 - Page 101 INDEX Gas Co. Supply Ln/ Npt Bch Alignment (74) COUNCIL MEMBERS ��`�� s ROLL CHLL CITY OF NEWPORT BEACH 10, 1993 Volume 47 - Page 102 MINUTES Gas Cp. Supply Ln/ Npt Bch Alignment cited those seven conditions as enumerated in his report, and suggestedcondition No. 8 be added to read as follows: "The Gas Company bear • all standard, inspection and testing costs, and in addition, provide for the cost of a special inspection in the early morning following night work to ensure that the work area and trench paving are fully cleaned up and accessible for use by the public." John Amador, Southern California Gas Company, addressed the Council and stated he accepts the staff's recommendations and urged Council approval. He noted that the existing pipe line is pre -World War II and needs to be changed and upgraded. He reviewed the background of the alternate routes; stated the Gas Company is willing to work with the City, business community and residents in the replacement of this pipe line; however, they would like to request that their crews be permitted to commence work at night at 9 p.m., rather than 10 p.m. They also do not feel their company should be penalized for the problems that occurred during the installation of recent water and sewer lines. In response to Council inquiry, Mr. Amador stated it will take no longer than three days in front of each • business to do the work from start to finish; that all work will be done on the Ocean side of Pacific Coast Highway, and that it will take approximately two to two and one -half weeks to complete the area between Hazel and Marguerite Avenues. The Public Works Director publicly expressed appreciation to the Gas Company for completing the engineering and construction on Jamboree Road on a "crash basis," so as to complete that installation prior to the City's construction contract. The following individuals from Corona del Her expressed their oywsition to the route being proposed by the Gas Company (Alternate #3), and suggested alternate routes be considered: Luvena Hayton, 3411 E. Pacific Coast Highway Donald Glasgow, President, Corona del Mar Chamber of Commerce Mark Shell, owner of business in Corona del Mar Les Schunk, owner of Newport Tire • Center Yvonne Houssels, homeowner, Harbor View Hills South It was indicated by the above speakers that businesses in the Corona del Mar area have "suffered enough" due to the installation of new sewer and water Volume 47 - Page 102 MINUTES Gas Cp. Supply Ln/ Npt Bch Alignment CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CALL • Motion • All Ayes M6n All Ayes May 10, 1993 INDEX lines, and feel the proposed work could have a definite negative impact on sales in the business community. Council Member Sansone stated he, too, suffered through the sewer and water line installations this past year in Corona del Mar and appreciates the concerns expressed by the above speakers. Therefore, he has suggested that the Gas Company pay the City to have someone from staff on the job site at 6 a.m. and stay on site until everything is cleaned up by the time the businesses open each morning; he also suggested that the Gas Company be permitted to move their equipment on site at 9 p.m., rather than 10 p.m., and that at no time will any parking spaces be taken out of service, and at all times, two lanes of traffic remain open during the construction work. X In view of the foregoing, Council Member Sansone moved to approve Alternate No. 3 as set forth in the above. As a result of Council Member Sansone's comments, the Pubic Works Director recommended Condition No. 6 be revised to add the following sentence: "That no parking spaces shall be out of service during the day and two lanes of traffic in each direction shall be maintained at all times during the day." It was noted that the estimated time to complete this project is six weeks. The motion, as amended to include Condition No. 8 and revised Condition No. 6, was voted and carried. ORDINANCES FOR ADOPTION 29. Proposed ORDINANCE NO. 93 -7, being, Ord 93 -7 Sound Ampl AN ORDINANCE OF THE CITY COUNCIL Noise OF THE CITY OF NEWPORT BEACH (70) ADDING SECTION 10.28.020 TO THE NEWPORT BEACH MUNICIPAL CODE, TO PROHIBIT THE TRANSMISSION OF LOUD OR RAUCOUS NOISE FROM SOUND NARING OR AMPLIFYING DEVICES. Report from the Deputy City Manager. Letter from Dan Lazzarevich in support of the subject ordinance. The City Clerk advised that after the agenda was printed, a letter was received from Carol Hagen of Seashore Drive in support of the proposed ordinance . X Notion was made to adopt Ordinance No. 93 -7. CONTINUED BUSINESS 30. Recycled report dated April 21, 1993, City Atty from the City Attorney concerning ARE (31) CAMPBELL'S REQUEST FOR HEARING. Volume 47 - Page 103 COUNCIL MEMBERS ROLL_CRLL • • • CITY OF NEWPORT BEACH May 10, 1993 The City Attorney advised that he has discussed the subject request with Mr. Jeffrey Epstein, Arb Campbell's legal counsel, and they both agree that Mr. Campbell is entitled to a hearing pursuant to AB301, and that there isn't much guidance as to what kind of a hearing is involved when an AB301 hearing is conducted. There are two issues to be resolved by the City Council at this time, 1) do you designate a hearing officer to conduct this hearing, and 2) or do you assign that responsibility to the Civil Service Board. The next issue is whether the hearing should be combined with the hearing scheduled for the termination of Captain Tony Villa. The Civil Service Board has already scheduled 14 -1/2 days of hearing for the Villa matter; there is a very specific agenda which involves the allegations of misconduct against Captain Villa; those allegations do not involve Mr. Campbell in any way, shape or form; and as a result, there is a concern over consolidating those two hearings. Jeffrey Epstein, Attorney for Arb Campbell, addressed the Council and described the reasons he felt Campbell's hearing should occur at the same time as Villa's hearing in front of the Civil Service Board. He noted that the issues, in his opinion, are the same between Villa and Campbell, and are issues which both want to raise to clear their names; the evidence he proposes to present, and the witnesses he proposes to use, are also almost the same in both instances; it makes no sense to him to consider two separate hearings between Villa and Campbell not only because of cost, but because of additional unnecessary time. The City Attorney pointed out that there is a fundamental difference between the hearings being discussed, 1) the hearing involving Villa is based upon a notice of intention to terminate, and there are specific allegations in that notice, and 2) none of those allegations in that notice involve any misconduct on the part of Campbell. He has the responsibility of presenting that evidence at the Villa hearing, so to a considerable extent, there is a control over the agenda that is going to be presented to the Civil Service Board. He does not agree with Mr. Epstein that the hearings are going to be identical, inasmuch as he himself will not be presenting the same evidence at Campbell's name- clearing hearing that he will present at the Villa hearing. The Villa hearing is already set in terms of factual allegations and the issues to be presented, aside from the procedural questions Mr. Epstein says he is going to raise which he has not seen as yet. Volume 47 - Page 104 MINUTES INDEX ty Atty CITY OF NEWPORT BEACH COUNCIL MEMBERS S' May 10, 1993 CALL ik \\A MINUTES INDEX Atty Mr Epstein emphasized that 808 of the evidence that will be presented in one of the hearings will be exactly the same evidence as presented in the other hearing, and therefore, he does not agree that both hearings should be • conducted separately. Arb Campbell, former Police Chief, addressed the Council and stated that when he was terminated by City Manager Murphy, he received a notice in writing that he was entitled to a hearing, and it was Mr. Murphy's personal recommendation that the Civil Service Board would be the appropriate body to conduct that hearing. Since that time, that decision has changed, and it is his own personal opinion that this is now nothing more than an effort to "divide and conquer." He stated that he felt at the time Mr. Murphy hired a private investigator to investigate sexual harassment, there was going to be an impartial investigation; he is sorry to say he is wrong. He stated he has no reason to believe that if he allowed himself to go before a hearing with a "hearing officer" hired by the City, that he would not receive the same treatment. One of the issues to be decided is whether or not to hold the hearings concurrently, and whatever is decided in this regard, he would only request that his hearing is held before the Civil Service Board as he has faith • in their decisions. He felt the Council should recognize that he is the one entitled to a hearing and that he has individual rights pertaining to that hearing that should not be violated. In essence, why should it matter to the City Council if he goes before the Civil Service Board, when he, in fact, is the one requesting it. Lavonne Campbell, Arb Campbell's wife, addressed the Council and discussed how this matter has affected their lives and family. She also urged that the request for a dual hearing before the Civil Service Board be granted so that "they only have to live it and hear it one time." Tony Villa, former Police Captain, also urged that the City Council allow a consolidated hearing for him and Arb Campbell before the Civil Service Board. Following comments by Mr. Epstein, the City Attorney stated that he would like to have two more weeks to determine if he and Mr. Epstein can fundamentally agree on whether these two cases can • proceed collectively on the procedural issues which are really under Mr. Epstein's control, and from that, they can work out some arrangement on the substantive issues and how they could be presented. .Motion x In view of the foregoing, motion was All Aye made by Mayor Turner to continue this item to the May 24, 1993. Volume 47 - Page 105 MINUTES INDEX Atty COUNCIL MEMBERS s ROLL CALL M ®n All Ayes i CITY OF NEWPORT BEACH MINUTES May 10, 1993 INDEX OUS /NBPEA NBPMEA SUPPLEMENTAL AGENDA 32. Approval of NEWPORT BEACH POLICE EMPLOYEES ASSOCIATION AND NEWPORT BEACH POLICE MANAGEMENT EMPLOYEES ASSOCIATION MEMORANDUMS OF UNDERSTANDING. x As recommended by the City Manager, motion was made to defer action on these two items to Nay 24, 1993. Adjourned meeting at 10:55 p.m., in memory of Lynn Turner, GOP activist, who passed away on Nay 3, 1993, to 4:00 p.m. on May 12, 1993, for Budget Study Session. The agenda for this meeting was posted an May 6, 1993 at 8:30 a.m.; and supplemental agenda was posted on May 6, 1993 at 9:00 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: s N��,� C } 4 City lark Volume 47 - Page 106 INDEX OUS /NBPEA NBPMEA