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HomeMy WebLinkAbout06/27/1988 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. F DATE: June 27, 1988 ent x x x x x x x ion x All Ayes Motion x All Ayes Motion Al1,Ayes x MINUTES Mayor Cox presented a Proclamation to Bill Schonlau in recognition of Saturday, July 9, 1988, as Clean Harbor Day, and the month of July, Clean Harbor Month in Newport Beach. A. ROLL CALL. B. Reading of Minutes of Meeting of June 13, 1988, was waived, approved as written, and ordered filed. C. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the Public hearing and City Council review of MODIFICATION NO. 3406, a request of RICHARD BARCLAY, Newport Beach, approved by the Modifications Committee on May 24, 1988, to permit the installation of an 11± foot high satellite dish antenna, which will encroach two feet into a required five foot side yard setback and four feet into the required ten foot rear yard setback on property located at #7 Chadbourne, Newport Beach. Approval.was conditioned that the development shall be in substantial conformance with the approved plot plan and elevation. Report from the Planning Department, was presented. Richard Barclay, applicant, #7 Chadbourne, Belcourt, addressed the Council and advised that the Belcourt Master Association Board of Directors had approved the proposed location of the satellite dish antenna on June 15, and submitted a copy of the approved plan for the record. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to sustain the action of the Modification Committee. Discussion ensued, wherein the City Attorney advised that his office has prepared a draft ordinance with regard to the regulation of satellite dish antennas, which he will furnish to the Council for their review. The motion. on the floor was voted on and. carried. Volume 42 - Page 238 (94) COUNCIL MEMBERS Motion All Ayes • • X CITY OF NEWPORT BEACH L'IILF1 June 27, 1988 E. PUBLIC COMMENTS: John Tyree, 208 Lugonia Street, addressed the Council with regard to a tenant /landlord dispute, stating he felt the property owner was violating health and safety regulations. The Planning Director requested Mr. Tyree contact his office and stated he will put him in touch with the Dispute Resolution Center who handles Fair Housing problems. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION: Pass to second reading on July 11, 1988 - (a) Proposed ORDINANCE NO. 88 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.70 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MANNER OF DISPLAY OF CERTAIN MATERIAL IN NEWSRACRS. (Report from the City Attorney, and letter from Mariner's Church regarding vending machines containing sexually explicit material) (b) Proposed ORDINANCE NO. 88 -21, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 14.10 TO THE NEWPORT BEACH MUNICIPAL CODE RELATING TO INSTITUTING A CROSS - CONNECTION CONTROL PROGRAM TO PROTECT THE PUBLIC WATER SYSTEM. (Report from the Utilities Director) Schedule for public hearing on July 11, 1988 - (c) Proposed ORDINANCE NO. 88 -22, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 19.14.013 AND 19.14.014 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO VESTING TENTATIVE MAPS. (Report from the Planning Department) Volume 42 - Page 239 88 -20 of 27) 88 -21 (89) Ord 88 -22 Vesting Tentative Mp (68) COUNCIL • 111 C r1 CITY OF NEWPORT BEACH MINUTES June 27, 1988 (d) Proposed ORDINANCE NO. 88 -23, Ord 88 -23 being, Open Space/ - Classifictns' AN ORDINANCE OF THE CITY COUNCIL OF (94) THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.52 (OPEN SPACE DISTRICT) OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH TWO CLASSIFICA- TIONS OF OPEN SPACE WHICH WILL DISTINGUISH BETWEEN ACTIVE AND PASSIVE RECREATIONAL AREAS; AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT [PLANNING COMMISSION AMENDMENT NO. 664]. (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 88 -58 approving the Memorandum of Understanding (MOU) between the City and Newport Beach Fire Fighters Association for Fiscal Year 1988 -89. (Report from Personnel Director) NB Fire Fighters/ MOU Res 88 -58 C -2060 (38) (b) Resolution No. 88 -59 approving the NBEA /MOU Memorandum of Understanding (MOU) Res 88-59 between the City and the Newport C -2059 Beach Employee's Association for (38) Fiscal Year 1988 -89. (Report from Personnel Director) (c) Resolution No. 88 -60 approving the NBEL /MOU Memorandum of Understanding (MOU) Res 88 -60 between the City and the Newport C -2065 Beach Employee's League for Fiscal (38) Year 1.988 -89. (Report from Personnel Director) (d) Resolution No. 88 -61 approving the NBPA /MOU Memorandum of Understanding (MOU) Res 88 -61 between the City and the Newport 02056 Beach Police Association for Fiscal (38) Year 1988 -89. (Report from Personnel Director) (e) Resolution No. 88 -62 approving the NBOL /MOU Memorandum of Understanding (MOU) Res 88 -62 between the City and the Newport C -2058 Beach Ocean Lifeguards for Fiscal (38) Year 1988 -89. (Report from Personnel Director) (f) Resolution No. 88 -63 establishing Mgm /Key the Salaries of Management and Emply Other Key Employees for Fiscal Year Res 88 -63 1988 -89, amending the City's (66) Classification Compensation Plan to reflect said changes, and rescinding Resolution No. 87 -80. (Report from the City Manager) Volume 42 - Page 240 COUNCIL MEMBERS A $ f+ L J CITY OF NEWPORT BEACH MINUTES June 27, 1988 (g) Resolution No. 88 -64 establishing Temp /Seasnl the Salaries of Temporary and Emply Seasonal Classes for the 1988 -89 Res 88 -64 Fiscal Year, amending the (66) Classification Compensation Plan to reflect these changes and rescinding Resolution No. 87 -81. (Report from Personnel Director) (h) Resolution No. 88 -65 affirming the Utilities/ opposition of the City of Newport Coast Suply Beach to any disruption of traffic Line /PCH caused by work on the Coast Supply Widng C -2179 Line within the boundaries of the Res 88 -65 City of Newport Beach prior to the (89138) completion of Pelican Hill Road. (Memorandum from Utilities Director) (i) Resolution No. 88 -66 authorizing Seashr Dr/ .. the closure of Seashore Drive, 4th July St Newport Boulevard and Balboa Closure Boulevard during the July 4th Res 88 -66 Holiday period, pursuant to Section (85) 21101(e) of the California Vehicle Code. (Report from the City Attorney) (j) Resolution No. 88 -67 establishing Fees /Copy . fees for copying public records Res 88 -67 pursuant to Section 6257 of the (40) California Government Code and rescinding Resolution No. 87 -82. (Report from the Assistant City Attorney) (k) Resolution No. 88 -68 prohibiting Skatebrdg/ Skateboarding on City Hall property Prhbtn and rescinding Resolution No. Res 88 -68 87 -145. (Report from Traffic (85) Affairs Committee) (1) Resolution No. 88 -69 requiring Stop /Vehcls vehicles travelling on Fifth Avenue Iris /5th Av to stop at Iris Avenue. (Report Res 88 -69 from Traffic Affairs Committee) (85) (m) Removed from the Consent Calendar. 3. CONTRACTS /.AGREEMENTS: (a) Authorize the Mayor and City Clerk PCH Wdng/ to sign Amendment to Agreement for NBlvd /Hghlnd Widening Pacific Coast Highway from C- 2591(C) Newport Boulevard to Highland (38) Street, Contract No. 2591(C). (Report from Public Works Department) Volume 42 - Page 241 COUNCIL MEMBERS *4 y � e '*G �P� CITY OF NEWPORT BEACH MINUTES June 27, 1988 (b) Award Contract No. 2501 to FAV Engineering for the total price bid of $38,931.25 and authorize the Mayor and the City Clerk to execute contract for Sidewalk, Curb and Gutter Replacement in Harbor Highlands. (Report from Public Works Department) (c) Authorize the Mayor and City Clerk to execute Addendum No. 1 to the Joint Powers Agreement Creating the San Joaquin Hills Transportation Corridor Agency (Contract No. 2548) to include the City of Mission Viejo as a member. (Letter from City of Mission Viejo) 4. COMMUNICATIONS - For referral as indicated: (a) To Public Works for response, letter from Bayshores Community Association regarding construction of the sound wall along Pacific Coast Highway. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Copy.of letter from Summerhill Development Company to document and protest the payment of School Fees as required by the School District. 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Kyle Anderson alleging parked car was damaged by City tree trimming truck at Marigold and 2nd Street on June 7, 1988. irbr Hghlnds :-2501 (38) 3Joaquin Hls JtPwrs /Ad #1 -2548 (38) W /Sound Wall 74) (b) Edward F. Barnett alleging City Barnett Refuse Truck hit claimant's parked vehicle, across the street from 213 Via Jucar, on May 10, 1988, damaging headlight, fender, etc. (c) Rozalyn K. Cooley alleging City Cooley Police Department had her vehicle towed in error from the McFadden Square Parking Lot (approximately May 10, 1988) due to computer mistake of license number. Volume 42 - Page 242 COUNCIL MEMBERS sane , nee e � • • CITY OF NEWPORT BEACH MINUTES June 27, 1988 (d) Barbara Cosanella alleging trip and Cosanella fall on defective sidewalk at Via Lido and Via Oporto in front of Lido Theatre on Lido Isle on February 29, 1988. (e) Joan Demond complaint of trip and Demond fall on raised section of sidewalk adjacent to 367 Via Lido Soud on March 25, 1988; alleging personal injuries, etc. (f) Leon S. Evans alleging his vehicle Evans parked on San Miguel, north of Pacific View, was damaged by City Water Truck on May 10, 1988. (g) Public Works, Inc., seeking indemnity from claim filed by Larry Public Wrks E. Edmondson against the City for Inc /Edmond - injury as a result of using son allegedly defective equipment on November 21, 1986. (h) Marcus Andrian Walton alleging his personal belongings lost by City Police Department following release on June 5. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Steven C. Loucks and Roger E. Loucks for personal injuries sustained on January 23, 1988 on Marguerite Avenue in Corona del Mar, Orange County Superior Court, Case No. 55- 76 -88. Claim was denied by City Council on March 28, 1988. (b) Corey Marsico, minor through his guardian Sandy Saltiel, for personal injuries sustained while swimming in Newport Harbor on September 11, 1987, Orange County Superior Court, Case No. 54- 20 -60. (c) Newport Nissan complaint for damages sustained on August 12, 1987 at the intersection of Riverside Drive and Avon Street, Orange County Municipal Court, Case No. 91802. (d) Jeffrey Stevan Ray by his guardian, for personal injuries sustained on March 14, 1987 near Corona del Mar State Beach, Orange County Superior Volume 42 - Page 243 (36) Loucks /Stev 6 Roger Nisn COUNCIL MEMBERS ti �e9ese a a.an e � • CITY OF NEWPORT BEACH MINUTES June 27, 1988 Court, Case No. 54- 00 -63. Claim was denied by City Council on August 10, 1987. 8. REQUEST TO APPROVE /FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Equipment Operator I - Asphalt Field Maintenance. (b) One Refuse Worker II, Refuse Division. (c) One Equipment Operator II, Field Maintenance. (d) One Utilities Specialist II, Water Division. (e) One Utilities Leadworker, Wastewater Division. (f) One Police Officer, Patrol Division. (g) One Equipment Operator I, Parks Division. 9. STAFF AND COMMISSION REPORTS - For Council information and filing: (a) Memorandum from Environmental Quality Affairs Committee - Progress Report. (b) Removed from the Consent Calendar. 10. PUBLIC HEARING SCHEDULING - For July 11, 1988: (a) TENTATIVE MAP OF TRACT NO. 13577 - A request of BATE AND LYONS INVESTMENT CO., Costa Mesa, denied by the Planning Commission on June 9, 1988, to subdivide two existing lots into three lots for two family residential condominium develop- ments on property located in the R -2 District. The proposal also includes a request for exceptions to the Subdivision Code so as to allow the creation of two corner parcels which contain less than 6,000 sq. ft. of land area and are less than 60 feet average width, and one interior lot containing an average width of less than 50 feet. The proposal also includes a request to amend a portion of Districting Map No. 25 so as to Volume 42 - Page 244 1(66) (24) Tr13577 • • [1 CITY OF NEWPORT BEACH COUNCIL MEMBERS aG \0\ 0 * A\ June 27, 1988 MINUTES revise the front yard setback designations for the subject property. Property located at 3235 -3245 Clay Street, on the southerly side of Bolas Avenue, between Broad Street and Clay Street in Newport Heights. (Report from the Planning Department) 11. HOAG HOSPITAL WIDENING /PACIFIC COAST HIGHWAY - Authorize City representatives to appear before California Coastal Commission in support of the Widening of Pacific Coast Highway adjacent to the Hoag Hospital site. (Report from Public Works Department) 12. WATER MAIN REPLACEMENT PROGRAM 1987 -88 (CONTRACT NO. 2666) - 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 Public Works Department) 13. SEWER MAIN AND ALLEY REPLACEMENT PROGRAM 1987 -88 (CONTRACT NO. 2586) - 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) 14. WATER MAIN REPLACEMENT PROGRAM 1988 -89 (CONTRACT 110. 2701) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., on July 14, 1988; (Report from the Public Works Department) 15. HARBOR PERMIT APPLICATION - Approve Application #124 -701 by the Lido Park Drive Partnership to revise the Commercial Docks Bayward of 701 Lido Park Drive, subject to conditions in the staff report. (Report from Marine Department) 16. SPECIAL EVENT PERMITS - Approve the following applications, subject to conditions in the staff report from the Business License Supervisor., (a) Application #88 -100 - Temporary street closure on Sunday, July 10,. 1988 from 8:00 - 10:00 a.m., sponsored by United Cerebral Palsy Annual Bastile Day Run; Volume 42 - Page 245 Hoag Hsptl (74) Wtr Mn Rplcm '87 -'88 C -2666 (38) Swr Mn /Aly Rplcm'87 —'88 C -2586 (38) Wtr Mn Rplcm '88 -'89 C -2701 (38) (51) (65) or Perm 11124 -701 Evnts i[eB] COUNCIL MEMBERS AC'P�``�P� L C LLB • 0 Motion All Ayes CITY OF NEWPORT BEACH x MINUTES June 27, 1988 (b) Application 688 -220 - Temporary Apli688 -220 street closure on Monday, July 4, 1988, from 8:00 - 10:00 a.m., at Mariners Drive sponsored by Parks, Beaches and Recreation Independence Day Parade; and (c) Application 688 -227 - Use of public beach on Saturday, July 9, 1988, from 10:00 a.m. to 12:00 Noon at Newport and Balboa Piers sponsored by the Newport Lifeguard Association pier to pier swim. 17. LEGAL ADVERTISING FOR FISCAL YEAR Advertising/ 1988 -89 - Approve the City Clerk's Legals'88 /89 recommendation as set forth in the staff (20) report, to accept the bid proposal of the Daily Pilot, and authorize the issuance of a p"7irchase order. 18. BUDGET AMENDMENTS - For approval: BA -080, $50,000 - Transfer in Budget Appropriations for technical analysis of the Traffic Management Initiative; General Fund. (Refer to,report w /agenda item J -2) G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION ON JUNE 9, 1988, was presented. Motion was made to schedule public hearing on July 25, 1988, for Use Permit 3312, application of Emerald Associates for 120 unit elderly personal care facility on property located at 3901 E. Coast Highway, Corona del Mar, and to receive and file remaining actions in the staff report. (25) Planning. (68) Emerald Asso- ciates/ U/P 3312 2. Report to the City Manager regarding Budget /FY proposed resolution approving the City's ,88_89 Budget for Fiscal Year 1988 -89, was (25) presented. Council Member Turner referred to their action of June 13, 1988 with regard to the $625,000 allocation for the olympic pool at Corona del Mar High School, and made a motion to adopt Resolution No. Res 88 -70 88 -70 approving the City's FY Budget for 1988 -89; with the condition that the funding for Corona del Mar olympic pool be subject to City Council review and evaluation of the need for City financial assistance in light of other revenue sources such as the School District Facility Fee imposed pursuant to Section 53080 of.the Government Code. Volume 42 - Page 246 6(J s COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES June 27, 1988 Jim De Boom, President of the School Board, addressed the Council and stated that the school district facility fees collected from developers referred to by Council Member Turner are subject to litigation next month due to a lawsuit filed against the School District. The fees are also scheduled to be used for various roof repairs, air conditioning, etc., pursuant to an approved list of capital improvements adopted by the Board in January 1987. The motion on the floor was voted on and carried. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 88 -18, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 17.30 RELATING TO THE INSTALLATION OF MARINE PUMPOUT STATIONS FOR SAILING CLUBS AND COMMERCIAL HARBOR ACTIVITY PERMIT HOLDERS IN CERTAIN MARINA FACILITIES, was presented for 2nd reading with recycled report dated June 13, 1988 from Marine Department. Letter from Lloyd H. Dietz regarding commercial boats dumping waste into the City's bay, was presented. The City Clerk advised that after the agenda was printed, a letter was received from Yacht Masters and Marine Associates, requesting a 30 -day delay in adoption of the proposed ordinance to allow additional time for further study. Norm Catton, representing Yacht Masters and Marine Associates, addressed the Council and stated that they felt the ordinance needs additional study, and would like to meet with the Harbor Quality Committee to work out a feasible plan. He displayed a map showing the current pumpout locations and their proposed sites. He stated that they had no objections to the first two sections of the ordinance, but are opposed to section three which states: "that all harbor permit holders in a commercial zone, who allow bare boat charters to use their facility to load and unload passengers be required to install a pumpout facility and trash receptacles as a condition of their permit in order Volume: 42 - Page 247 Ord 88 -18 Harbor Regs/ Pumpout Stn (51) COUNCIL MEMBERS J CITY OF NEWPORT BEACH MINUTES June 27, 1988 INDEX to conduct this type of business at Pumpout Stn their respective locations." He stated they feel that restaurants should be excluded from the ordinance, inasmuch as it only targets 30 to 40 boats. Paul Michalczyk, 2030 Holiday Road, addressed the Council and concurred in the remarks of Mr. Catton. He also felt the ordinance should be amended to require all. yacht clubs and marina owners to provide pumpout facilities. Ian Bruce, owner of Newport Beach Sailing Club, addressed the Council and discussed certain provisions of the proposed ordinance, stating he felt the ordinance does not address individual problems, and therefore, should not be adopted in haste until such issues can be resolved:. Diane Frazier, bare boat charter booking agent, addressed the Council in opposition to section three of the ordinance relating to bare boat charters who load and unload passengers at restaurants, stating that the ordinance is pointing at only a small amount of boats, and that by forcing the restaurants to provide pumpout stations, it will be more difficult to obtain a special events permit in the harbor. She felt that if all bare boat charters belonged to a specific marina, and that particular marina had a pumpout facility, It would solve the problem. Tom Orlando, 15 Balboa Coves, addressed the Council and stated he did not think that operation of a pumpout facility is offensive, or noticeable to restaurant patrons, and further that the cost to the restaurants would only be approximately $10,000. Bill Hamilton, owner of the Cannery Restaurant, addressed the Council and stated that if it is used properly, a pumpout operation is not offensive and is odorless. He stated that when a pumpout facility is needed at a given time, access is very important, and that going to sea is not practical for a public charter. He stated that a public pumpout station is more costly due to its type of construction, whereas a dedicated pumpout facility is a much simpler type of operation with less maintenance. He felt that a commercial operation should have a dedicated pumpout station. Volume! 42 - Page 248 • CITY OF NEWPORT BEACH COUNCIL MEMBERS June 27, 1988 MINUTES Nancy Irvine, representing'Irvine Coast Charters, addressed the Council and stated that they agreed there is a need for more pumpout stations in the harbor, but feel that restaurants should be required to provide pumpout facilities for bare boat charters. She stated that bare boat charters should be treated differently in the ordinance than that of commercial operations, and that additional study should be given to the ordinance prior to its adoption. David Paul, General Manager of Hornblower Yachts, addressed the Council in support of the proposed ordinance as written. 11e stated that commercial yachts should lead the way in cleaning up the bay,. and that they have provided a pumpout facility as part of their operation. Joseph Lancaster, Vice President of Yacht Masters and Marine Associates, addressed the Council and stated that he has been working in the harbor since 1965, and has yet to see 30 -40 charter boats operating at anyone time, as referenced earlier. Bill Schonl.au, 3609 Seashore Drive, addressed the Council and stated that he owned and operated a sailing charter boat business for 15 years, and that this is an issue where "everyone has to pitch in." He stated that accessibility to a pumpout station is the key. He noted that his sailing club was located at Lido Marina Village and he felt that one pumpout facility at that marina would not serve the need. He suggested that each sailing club be required to provide a pumpout station. Phil Gutyre, owner of a small bare boat charter, addressed the Council and stated he felt the ordinance was an "overall" blanket approach, and that it should be studied further. Patsy Hollander, 213`Via Dijon, addressed the Council in support of the ordinance as submitted. She stated she felt the cost of a pumpout facility should be borne by the operators of businesses on the bay. Lu Billings, 665 Via Lido Soud, addressed the Council and stated that she has noticed an increase in large charter boats in the bay, and was in support of the proposed ordinance which will provide adequate waste disposal. Volume: 42 - Page 249 Pumpout Stn COUNCIL MEMBERS ,A� 010�� moo¢ ,� y u, • Motion All Ayes Motion All Ayes • x x CITY OF NEWPORT BEACH MINUTES June 27, 1988 Vickie Michalczyk, 2030 Holiday Road addressed the Council, and commended the Harbor Quality Committee for initiating the subject ordinance. She stated she hoped additional pumpout stations would be required in the bay to keep it from being more polluted. Council Member Maurer, member of the State Water Quality Control Board, advised that on July 8 at 9 a.m., in the City Council Chambers, the Board will be conducting a meeting regarding the pumpout stations that will be required in the harbor, and invited all those interested to attend. Joanne Schneider, Chief of the Planning Section, State Water Quality Control Board, addressed the Council in favor of the proposed ordinance. She discussed bacterial contamination in the bay from human wastes and stressed the importance of adequate: pumpout facilities. Hearing no others wishing to comment, motion was made to adopt Ordinance No. 88 -18. 2. Proposed ORDINANCE NO. 88 -19, being, AN ORDINANCE OF THE'CITY COUNCIL OF THE C1:TY OF NEWPORT BEACH ADDING CHAPTER 10.58 RELATING TO THE USE OF POLICE SERVICES NECESSARY TO RESPOND TO LARGE PARTIES, GATHERINGS OR EVENTS ON PRIVATE PROPERTY, was presented for 2nd reading with recycled report from the Assistant City Attorney, dated June 13, 1988. Council Member Plummer expressed her support for the ordinance, stating she would like it to become effective immediately, and that it be adopted as an urgency measure. The City Attorney advised that if the ordinance was adopted as an urgency ordinance, it would have to be rewritten and reintroduced at the next meeting. In view of the foregoing, motion was made to adopt Ordinance No. 88 -19. Volume 42 - Page 250 Pumpout Stn Ord 88 -19 PD Srvs/ Large Parties (70) CITY OF NEWPORT BEACH COUNCIL MEMBERS DAI I JA110 -`- Red Green ,.Red Green Red .. �n Red Green Red Green ix Ix ix ix Ix ix Ix x x COMMISSIONS. .. BOARD OF LIBRARY TRUSTEES lxlxlxlxlx x Ix Ix Ix x x COMMISSIONS. .. BOARD OF LIBRARY TRUSTEES I x Ix Ix Ix M':a © ■ x Ix x x COMMISSIONS. .. BOARD OF LIBRARY TRUSTEES Library Holley Wilkinson was assigned the red light; and x x x x x Charles Sword was appointed to a 4 -Year term ending on June 30, 1992. Carl Writer was assigned the red light; x and X1 x I x I x I I xl x June 27, 1988 I. CONTINUED BUSINESS: MINUTES 1. APPOINTMENTS TO THE CITY'S BOARDS, AND Boards /Cmans COMMISSIONS. .. BOARD OF LIBRARY TRUSTEES Library Holley Wilkinson was assigned the red light; and Charles Sword was assigned the green light. Charles Sword was appointed to a 4 -Year term ending on June 30, 1992. Carl Writer was assigned the red light; and C. Ben Jackson was assigned the green light. C. Ben Jackson was appointed to fill the unexpired term of Ed Conn, ending June 30, 1989. CITY ARTS COMMISSION Arts Katherine Delsack was assigned the red light; and Carolyn Lachman was assigned the green light. Katherine Delsack was appointed to a 4 -Year term ending on June 30, 1992. Russell Edmisson was assigned the red light; and Kym Young was assigned the green light. Kym Young was appointed to a 4 -year term ending June 30, 1992. Candace Mittman was assigned the red light; and Marilee Stockman was assigned the green light. Marilee Stockman was appointed to fill the unexpired term of Charles Gray, ending June 30, 1991. Volume 42 - Page 251 1 Red On Red Green Red Green • Red Green Red Green • CITY OF NEWPORT BEACH COUNCIL MEMI AGy �G y� �Of ri.rrrri. x x x x I Ix Ix ix ix ix x x x x I Ix Ix ix ix ix x x x x I x ix ix ix Ix ix x x x I I ix ix Ix Ix ix x x x I I ix I ix I MINUTES June 27, 1988 CIVIL SERVICE BOARD (Employees Association Nominees) Vickie Michalczyk was assigned the red light; and Joseph De Ladurantey was assigned the green light. Vickie Michalczyk was appointed to a 4 -year term ending June 30, 1992. Barbara Long was assigned the red light; and Otto Schroeder was assigned the green light. Barbara Long was reappointed to a 4 -year term ending June 30, 1992. PARKS, BEACHES AND RECREATION Sterling Wolfe was assigned the red light; and Jo Vandervort was assigned the green light. Jo Vandervort was appointed to a 4 -year term ending June 30, 1992. PLANNING COMMISSION Jan Debay was assigned the red light; and Norma Glover was assigned the green light. Jan Debay was reappointed to a 4 -year term ending June 30, 1992. Gary Pomeroy was assigned the red light; and James Robinson was assigned the green light. Gary Pomeroy was reappointed to a 4 -Year term ending on June 30, 1992. 2. Appeal by SID SOFFER, Costa Mesa, from the decision of the Planning Commission on May 19, 1988, to uphold Staff's interpretation and application of the Municipal Code with regard to CALCULATION OF "NET PUBLIC AREA" AS IT HAS BEEN APPLIED TO THE BLUE BEET CAFE, located at 107 21st Place in McFadden Square, Newport Beach; zoned SP -6, was presented. Volume 42 - Page 252 Service Blue Cafe COUNCIL MEMBERS yZ GYp� t y �y • • 0 CITY OF NEWPORT BEACH MINUTES June 27, 1988 Report from the Planning Department, was presented. The City Clerk advised that after the agenda was printed, a letter was received from Mr. Soffer regarding his appeal. The Planning Director referred to handwritten page number 26, paragraph 4 of the staff report, wherein "Net Public Area" was defined as the total area of a restaurant including patios, balconies, and any outdoor areas capable of being used for the purpose of serving food or beverages, with the exception of kitchens, restrooms, offices pertaining to the restaurant only, and food and beverage service or storage areas. He also discussed physical design and operational characteristics as enumerated on handwritten page numbers 26 and 27 of the staff report. He noted that this issue was reviewed by the Planning Commission, in which the Commission upheld the staff's interpretation of "Net Public Area," and application of the Municipal Code. The Planning Director further advised that the applicant has not been issued a certificate of occupancy for The Blue Beet Cafe, nor has an approved use permit been issued, or a Coastal Development permit from the Coastal Commission. He stated that a use permit was applied for and appealed to the City Council to add an additional 158 sq. ft.; however, the applicant has not constructed the building in accordance with the approved plan, nor has the applicant applied for an approval in concept. The City Attorney advised that the issue under consideration is staff's interpretation of "Net Public Area," and that the Council should focus on that item, rather than the subject use permit. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council in support of his appeal. He stated that his concern was "how do we ascertain 'Net Public Area. "' He indicated he disagreed with the wording of his item on the agenda and requested his appeal be continued. He referred to his appeal Volume 42 - Page 253 Blue Cafe COUNCIL MEMBERS I\\t'o 11 Motion All Ayes Motion X x CITY OF NEWPORT BEACH MINUTES June 27, 1988 application, which does not make any reference to The Blue Beet Cafe, and stated the agenda should not, therefore, make any reference to the same. He felt the Planning Commission was misled by the staff, and now the City Council is being misled. The City Attorney, in response to Mr. Soffer's statement that the appeal does not relate to The Blue Beet, commented that once the City Council has determined the definition of "Net Public Area," it will be applied to The Blue Beet and also other restaurants. With regard to how this item appears on the agenda, he indicated he did not see a conflict and that the Council could proceed with their consideration. In response to Mr. Soffer's earlier request to continue this item, motion was made to not continue this matter. Mr. Soffer reiterated that the "real issue" is the staff's interpretation of "Net Public Area." He implied that he was told by the Planning Director the staff could not delete certain types of net public areas because the ordinance does not give them that authority. Mr. Soffer stated that this was not a parking issue and that the Municipal Code does not give the Planning staff authority to use the definition for "Net Public Area" as is stated in the "Off- Street Parking Required Schedule" section of the code for any purpose other than off - street parking requirements. At this time, motion was made that the City Council go on record defining "Net Public Area," as set forth on handwritten page number 26, paragraph 4 of the staff report. Discussion ensued, wherein the Planning Director explained the two sections in the municipal code pertaining to restaurants, parking and "Net Public Area." The City Attorney stated that the municipal code sets parameters which staff has to administer, and the staff has the power to make interpretations consistent with certain facts. In this particular instance, the Planning Director has found that the term "Net Public Area" has been taken intact, and Volume 42 - Page 254 Planning/ The Blue Beet Cafe COUNCIL MEMBERS ..\AG ��G�A CITY OF NEWPORT BEACH June 27, 1988 MINUTES Blue Cafe moved from one section of the zoning code to another area of the code relating to restaurants and use permits. The applicant has made two points, i.e., (1) staff should not take the definition • of "Net Public Area," from one section of the zoning code and apply it in a different context; and (2) that when "Net Public: Area" is applied to The Blue Beet Cafe, the applicant would like the City Council to decide certain specific areas to not be "Net Public Areas," but: according to staff's interpretation, those particular areas in The Blue: Beet Cafe should be counted as 'Net Public Area." All Ayes The motion on the floor, as made by Council Member Turner, was voted on at this time. :Motion x Motion was also made to: All Ayes (a) Make the findings as set forth in the staff report, Items 1 through 13; and (b) Determine that the interpretation and the application of the Municipal • Code, as it has been applied + to The Blue Beet Cafe by the Planning Commission and Staff is correct; and (c) Direct the Staff to advise the appellant in writing that within fifteen days the "Net Public Area" of The Blue Beet Cafe must be reduced to the extent it does not exceed 1,618 square feet; OR (d) That within fifteen days a complete use permit application must be filed with the Planning Commission so as to allow the change in operational characteristics brought about by the increase in "Net Public Area." Motion x Motion was further made to direct the Ayes City Attorney to take appropriate action to close down The Blue Beet Cafe, until applicant complies with all City requirements. Volume 42 - Page 255 Blue Cafe COUNCIL MEMBERS GNO `G�� ®we , wu 1 Motion All Ayes CITY OF NEWPORT BEACH x MINUTES June 27, 1988 3. Appeal of E. W. LISKE from denial by the ermit /Encro staff of an application to extend an chment encroaching raised deck and wrought iron (65) fence 2 feet 11 inches in height, 23h inches further into south Bayfront adjacent to 910 south Bayfront, Balboa Island, was presented with recycled report from Public Works dated June 13, 1988. The staff advised that a letter had been received from the Balboa Island Improvement Association after the agenda was printed, stating that if the proposed plan is modified to include a brick curb adjacent to the sidewalk and the patio edge located 18 inches from that edge, yielding a planter for flowers /shrubs, approval by the Association. can be made. Mr. Liske, applicant, addressed the Council and stated that the proposed modification was acceptable to him. In view of the foregoing, motion was made to approve the request, as modified, subject to: (a) Execution of an agreement for nonstandard improvements; (b) An encroachment permit from the Public Works Department; and (c) Establishment of property corners by a licensed surveyor. 4. Report from Parks, Beaches and PB &R /Renam- Recreation Director regarding RENAMING ing Mariners OF MARINERS PARK, was presented. Park (62) Recycled report from Parks, Beaches and Recreation Director dated June 13, 1988, was presented. Recycled letters /petitions received in support of renaming Mariners Park in honor of A. Vincent Jorgensen, were presented. The City Clerk advised that after the agenda was printed, the following letters and petitions were received regarding this issue: Volume 42 - Page 256 COUNCIL MEMBERS ti n i w�G���A Ot9G CITY OF NEWPORT BEACH June 27, 1988 MINUTES PBSR /Renam ing Mariners. Park Supporting the renaming of Mariners Park: Hoag Hospital with petitions Fredric Forster, President, Balboa Savings • Mariners Community Association Oppos ing the renaming of Mariners Park: Petitions, letters, and list of names who telephoned their opposition Petition from students of Mariners Elementary School Mariners Elementary School Parents Faculty Organization Council Member Turner highlighted some of Mr. Jorgensen's attributes and contributions to the City, and commented that the City does not have a written policy recognizing people who should be honored in the City. Motion x Council Member Turner reviewed the various recommendations with regard to the renaming of Mariners Park, and following his statements, moved to • rename the multi - purpose room at Mariners Library to A. Vincent Jorgensen Community Center, and further, to direct the Parks, Beaches and Recreation Commission to develop a policy recognizing those persons who have made specific contributions to the City and report back in 60 days. Barbara De Boom, 1743 Bayport Way, addressed the Council and suggested the flagpole at Mariners Park also be named in honor of Mr. Jorgensen. There being no objections, Council Member Turner amended his motion accordingly. The following persons addressed the Council in support of Council Member Turner's motion: Pete Barrett, 307 Cagney Lane Carol Blanchard (no address given) James Lindsey, 1608 Galaxy Lane Earl Hardy, 67 Ocean Vista yes The motion on the floor was voted on and carried. Volume 42 - Page 257 PBSR /Renam ing Mariners. Park COUNCIL MEMBERS \1�\\ G� • • Motion All Ayes • X CITY OF NEWPORT BEACH MINUTES June 27, 1988 5. Report from the Marine Department Marine Dpt/ regarding Foundation for Sea and Marine Foundation Education, was presented. Sea /Marine Education The City Manager noted that during the (51) Council meeting of June 13, 1988, Jim Fuller and others representing the Foundation for Sea and Marine Education, gave a presentation concerning their request for $145,700 from the City to assist in funding facilities and access for the disabled at the former Hans Dickman Boatyard property and at the 30th Street public street end. The City Manager commented that a number of meetings have been held with Mr. Fuller and staff, and recommended this Item be referred back to staff to work out the details involved. He stated that once that was done, a mid -year budget amendment could be prepared for approval by the Council. He also stated that the staff was enthusiastic about providing assistance to the Foundation. Jim Fuller of the Foundation, addressed the Council and introduced Ken Hickenbottom, President of the Foundation, who stated that one of their most difficult tasks is to develop public visibility and credibility, and they hope that Newport Beach will become a major area of access to the disabled. Motion was made to refer this item back to the staff as recommended. J. CURRENT BUSINESS: 1. Declaration of Impasse with Professional NB P &T Assn and Technical Employees Association with C -2051 report from City Negotiating Team, was (66) presented. Manuel Alvidrez, Jr., President of the Professional and Technical Employees Association, addressed the Council and read the following prepared statement: "Regarding the Declaration of Impasse from the City's Negotiating Team, I would like to add a few comments. As you will notice on Page 4, there is a Table of our Requests and the City's response. On Item #8, we ask for flex time and the City's response is a flat "No." Here we have proposed to add approximately'780 man hours of coverage, the equivalent of over 95 days that the City Hall will be Volume 42 - Page 258 COUNCIL MEMBERS IN\p • • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES June 27, 1988 open to the public. This, plus the reduction in traffic congestion is a very important contribution to the public. This proposal is consistent with the Traffic Management Systems that are currently imposed by the City on private development. "Concerning salaries and their comparison to other cities, first the salaries used in the Huntington Beach survey do not reflect an additional .5% granted last year. The Associate Civil Engineer salaries used in the Anaheim survey are at the mid -range and are compared to our top step. We surveyed the Associate Civil Engineers and the Associate Traffic Engineers in the City of Anaheim. There are 6 Associate Civil Engineers and 3 Associate Traffic Engineers. Of the 6 Associate Civil Engineers, 5 have been hired or promoted within the last year, and of the 3 Associate Traffic Engineers, 2 of them are above the mid - range, and one of them has only been in this position for one year. "We feel that the City Council should direct the City Negotiators to return to the bargaining table and meet and confer with correct information and to bargain in good faith." Council Member Strauss stated that he felt the negotiations held between the Professional and Technical Employees Association and the City's Negotiating Team were handled professionally, and in the spirit of the City's J -1 Policy, and therefore, moved to adopt Resolution No. 88 -71 mandating City's last and best offer. 2. Report from Public Works Department concerning Analysis of the Traffic Management Initiative, was presented. It was noted that the City Council on May 23, 1988, directed staff to retain an engineering consultant to perform a technical analysis of the Traffic Management Initiative. Requests for proposal were sent to three firms with two firms responding. The scope of services contains five major elements, i. e., Average Stop Delay, Intersection Volume 42 - Page 259 NB P &T Assn 88 -71 Traffic Mgm Initiative/ Analysis C -2705 (38) COUNCIL MEME • 0 Motion All Ayes • Motion All Ayes x x CITY OF NEWPORT BEACH MINUTES June 27, 1988 Capacity Utilization, Traffic Phasing Traffic Mgm Ordinance Improvements, Required Iniative/ Intersection Improvements, and Costs. Analysis The consultant has indicated it will take 12 weeks to complete the analysis and produce the final report. At least one, and possibly two interim reports will be prepared at the conclusion of significant portions of the analysis. In response to question raised by Council Member Strauss regarding the consultant's previous work locations, the Public Works Director stated that DKS Associates has performed little work for the private sector in Orange County, but has done work for Cities of Anaheim, Santa Ana, and Irvine. Council Member Strauss made reference to the interim reports to come from the consultant, and stated he would favor one final report as opposed to the analysis being done in segments. The City Manager stated it was felt by the staff that if the analysis was submitted to the City as it develops, it could then be given to the community sooner, inasmuch as the final report will not be ready until possibly October. Discussion ensued, wherein the staff answered questions of Council Member Strauss regarding the scope of services. Council Member Turner stated that some of the items included in the scope of services are very critical and need to be released to the public as soon as available. He stated he felt the City owed it to the voters to get the information to them in sufficient time prior to the election. Following consideration, motion was made to authorize the Mayor and City Clerk to execute an ]engineering Services Agreement with the Consulting firm of DKS Associates for the analysis of the Traffic Management Initiative; and approve BA -080, in the amount of $50,000 to fund subject analysis. 3. Report from Parks, Beaches and Park /Open Recreation Director regarding BOND ISSUE Space Bond FOR PARK AND OPEN SPACE, was presented. IIssue (62) Motion was made to tentatively approve a Park and Open Space Bond issue to be on Volume 42 - Page 260 COUNCIL MEMBERS 0 Motion All Ayes x CITY OF NEWPORT BEACH MINUTES June 27, 1988 the ballot for the electorates' consideration in November 1989; and appoint Parks, Beaches and Recreation Commission to analyze the Recreation and Open Space Element of the General Plan, to determine specific locations and cost, with interim reports as available, and final report by February 1, 1989. 4. AMEND MEMBERSHIP OF AVIATION COMMITTEE. Resolution No. 88 -53 adopted on June 13, 1988, was presented. Motion was made to confirm the appointment of Dorothy Hardcastle (Representing Homeowners Association); and defer the remaining appointments to July 11, 1988. Meeting adjourned at 11:12 p.m.. The agenda for this meeting was posted on Friday, June 24, 1988 at 12:00 Noon on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Volume 42 - Page 261 Aviation Committee (24)