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HomeMy WebLinkAbout01/12/1987 - Regular MeetingCOUNCIL MEMBERS S Present x x Absent Mn yes Motion All Ayes Motion All Ayes • Motion All Ayes X x x x X X x x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: January 12, 1987 A. ROLL CALL. B. The reading of the Minutes of the Meeting of December 8, 1986, was waived, approved as written, and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the public hearing regarding awarding of OFFICIAL POLICE TOW TRUCK SERVICES FOR A 2 -YEAR PERIOD. Report from the Business License Super- visor, was presented, wherein it was recommended that this hearing be con- tinued to January 26, 1987, to allow the Police Department to perform inspection of the applicant's vehicles. Hearing no one wishing to address the Council, motion was made to continue the subject hearing to January 26, 1987. 2. Mayor Cox opened the public hearing regarding ALLEY PAVING IN BLOCK 225, LANCASTER'S ADDITION (IN CITY BLOCK BOUNDED BY NEWPORT BOULEVARD, 29TH STREET, VILLA WAY, AND 28TH STREET). Report from the Public Works Department, was presented. Hearing no one wishing to address the Council., motion was made to close the public hearing and direct the staff to continue the procedure to complete alley improvements, pursuant to Chapter 27 of the Improvement Act of 1911. 3. Mayor Cox opened the public hearing and City Council review of APPLICATION OF BRUCE ATKINS AND DON VODRA FOR RESUBDIVISION NO. 835 AND MODIFICATION NO. 3226, approved by the Planning Commission on November 20, 1986, and called up for review by the City Council on December 8, 1986, for property located at 904 -908 Zurich Circle, at the northeasterly corner of Via Zurich and Zurich Circle on Lido Isle. This resubdivision is a request to resubdivide three existing lots and remove interior property lines to as to create two new parcels of land for single - family residential purposes. The Volume 41 - Page 1 (70) Alley (74) (84) 835/ I proposal also includes an exception to Resub 835/ the Subdivision Code so as to establish Modificatn a corner parcel with less than 6,000 sq. 3226 ft. in area. The Modification is a (84) request to permit the construction of 6 ft. high walls and pilasters which will encroach up to 7 ft., 8 in. into the required 10 ft. front yard setback adjacent to Zurich Circle, encroach up to 1 ft., 8 in. into the required 4 ft. setback adjacent to Via Zurich, and encroach up to 6 ft. into the required 7 ft., 6 in. setback adjacent to Strada Zurich. Report from the Planning Department, was presented. The City Clerk advised that after the agenda was printed, letters were received from the following in support of the project: William Feeney, 208 Via Mentone Richard Robinson, 213 Via Firenze E. Morris Smith, 501 Via Lido Soud Bruce Conklin, 209 Via Nice Dr. Michael M. Martin, P.O. Box 1626, Newport Beach Dexter Godbey, 213 Via Cordova Gordon Atkinson, 212 Via Lorca Marjorie Anderson, 916 Via Lido Soud, addressed the Council in opposition to the proposal. She stated that her house also fronts onto Zurich Circle, and that in her opinion, the value of her home will depreciate if the development is approved. She stated that she now views the existing home next door through her living room window, but if a new structure is constructed, she will be looking at a garage, and as a result, her "comfort factor" will change. She also stated that the above - referenced letters in support of the proposal are from residents living on Lido Isle, but not in the immediate area of the proposed resubdivision, and therefore, they would not be "harmed" by the project. Bruce Atkins, 500 Via Lido Soud, one of the applicants, addressed the Council and stated that it is their intention to build the two subject homes for their own personal residences. The modification request is an attempt for them to relocate their patio walls within varying distances from the property line in order to create Volume 41 - Page 2 jai M adequate landscaped areas. They feel Resub 835/ their plan is conducive to the Modificatn neighborhood and consistent with most of 3226 the current setbacks. He stated that (84) • they have met with almost all of the immediate neighbors and satisfied any objections they may have had. They feel that their two homes will be a definite contribution to the neighborhood. Walker Smith, Jr., 901 Zurich Circle, addressed the Council and stated he resides directly across the street from the proposed development, and that he objected to the project initially because of the setbacks, but since that time he has worked with the developer and is in agreement with the plan, providing it is built as approved by the City. Randolph Kroenert, 119 Via Zurich, addressed the Council and expressed his concerns regarding the 4 -foot setback on Via Zurich. He stated that the seven letters received in support of the project, in his opinion, are irrelevant to this issue, inasmuch as some of the property owners reside anywhere from 6 to 14 blocks removed from the site. He • also requested that if the resubdivision is approved, the 4 -foot setback deviation be made part of the record as • deviation for this site only, and that • precedent is not set for the area. With regard to the CC &R's for Lido Isle, he stated there is a vast misunderstanding as to the City's requirements and their CC &R's requirements, and that the Architectural Committee of the Lido Isle Community Association was not aware that there would be a deviation on setbacks, or they would have worded their letter of November 14, 1986 differently to state that they would approve the modification based on their CC &R's, subject to the City approving the setbacks. The Planning Director stated that on the City's Districting Map, there is a 4 -foot setback on Via Zurich, and the City requires a 10 -foot setback on Zurich Circle, a 7'h -foot setback on Via Estrada, and the way in which the applicant is planning to locate the walls, there will be a 4 -foot setback on Via Zurich, a 5 -foot setback on Zurich Circle, and a transition at the corner of the circle from the 5 -foot setback to a 4 -foot setback, and if there has been Volume 41 - Page 3 MINUTES ,a,we w any change as to these setbacks, he Resub 835/ would like to be made aware of it by the Modificatu applicant. 3226 (84) Mr. Atkins, applicant, addressed the Council again and stated that he was in agreement with the remarks of the Planning Director, with one exception. He stated that over the weekend they came up with a new design at the corner, which cuts back a small portion of the corner and, therefore, this will result in a 7 -foot setback in the transition area. Dexter Godbey, 213 Via Cordova, addressed the Council and referenced his letter in support. He stated that he is a member of the Lido Isle Community Association, and does not feel his opinion to be irrelevant as implied by earlier speakers. He feels the concern over setbacks is a little less critical than some think, inasmuch as the property abuts against Estrada. He feels the development will be in conformance with what is currently in the neighborhood, and is consistent with what is occurring in general on Lido Isle. He stated that he knows the • applicants personally, and has seen their work, and feels their structure will be of the highest quality and should enchance the value of the homes in the immediate area. Bruce Conklin, 209 Via Nice, addressed the Council and stated that Mr. Atkins has constructed six to eight custom homes on Lido Isle, all of which are extremely attractive, and of the highest quality. He also stated that the applicant is currently building personal residences for Henry Segerstrom and William Lyon. Ilona Martin, 203 Via Nice, addressed the Council in favor of the proposed project. She stated she felt that once the homes were constructed, the adjacent neighbors would be most pleased, not only with the new structures, but with their new neighbors. • Walker Smith, Jr., 901 Zurich Circle, addressed the Council again, stating that if there was only a 5 -foot setback he would be very much against the project, but the developer has provided a 14 -foot setback with the same amount of square footage of yard space as a Volume 41 - Page 4 MINUTES u,ncv 10 -foot setback straight, and urged the Council to never approve a project on Lido Isle which does not have a 10 -foot setback some place, or they would have a aowalled city." Richard Frost (no address given) addressed the Council in favor of the project, and stated that he moved to Lido Isle because of the balance of the neighborhood. He also was pleased to see that the neighbors and the developer have come to an agreement with regard to setbacks, and urged the Council to approve the request. Hearing no others wishing to address the Council, the public hearing was closed. Motion x Motion was made to sustain the action of All Ayes the Planning Commission, including the additional setback referenced by the applicant in his testimony. 4. Mayor Cox opened the public hearing and /P 3240 City Council review of an APPEAL BY Blue Beet SIDNEY L. SOFFER FOR USE PERMIT N0. Restaurant 3240, conditionally approved by the (88) Planning Commission on November 6, 1986, being a request to permit the • establishment of an outdoor eating area on a proposed second floor roof deck of the BLUE BEET RESTAURANT, located at 107 - 21st Place, between West Ocean Front and McFadden Place, Newport Beach. The proposal also includes a request to purchase in -lieu parking permits from the City on an annual basis for the additional required off - street parking; and a request to change the hours of operation so as to permit the restaurant to open at 7:00 a.m., whereas the existing restaurant does not open until 11:00 a.m. A modification to the Zoning Code is also requested so as to permit a new stairway and trash enclosure to be constructed in the required 1.0 ft. rear yard setback adjacent to an alley. Report from the Planning Department, was presented. Appeal application from Sid Soffer, was presented. • The City Manager summarized the subject report noting that the applicant has appealed the decision of the Planning Commission to the City Council; specifically the request to purchase Volume 41 - Page 5 COUNCIL MEMBERS • • • MINUTES January 12, 1987 four in -lieu parking spaces in the U/P 3240 municipal parking lot so as to expand Blue Beet the permitted "net public area01 in the Restaurant restaurant facility from 1,618 sq. ft. to 1,776 sq. ft., with the addition of a 158 sq. ft. second floor roof deck. A majority of the Planning Commissioners voted to approve the establishment of said outdoor eating area, but stipulated that an equivalent decrease in "net public area10 in the interior of the restaurant be required. It was the determination of said Commissioners that the existing public parking in the vicinity of the subject property is currently used to capacity and that no intensification of use, which would increase the demand for parking, should be permitted. Discussion ensued, wherein the City Attorney advised that pursuant to the Municipal Code, there are provisions which allow an individual who has a nonconforming building that is destroyed to a certain extent by fire or calamity, to rebuild without a use permit. And in this case, Mr. Soffer has met those requirements and has submitted plans to the Building Department, received a building permit and reconstructed the building to what it was originally. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council in support of his appeal, and stated that the City Manager outlined his major areas of concern. He stated he does not feel that with the proposed change of operation, the addition of outside dining in the front, the increase of 10% occupancy (10 people), and the request for additional in -lieu parking, it should trigger a condition that the trash container be moved inside instead of outside, and a stairway moved inside, rather than outside. He felt that the conditions should address the necessity of the Conditional Use Permit, i.e., the outside dining. Mr. Soffer discussed the cost of land in the area, and the renovations taking place in many of the surrounding businesses. He stated that he basically agrees with all of the Conditions of Approval, with the exception of Condition No. 11 regarding doors and windows to remain closed at all times, which he indicated needed further clarification. In conclusion, he stated Volume 41 - Page 6 COUNCIL ON% \ • Motion • All Ayes • °o¢ x MINUTES January 12, 1987 that he felt his request is "minimal;" does not feel there will be any impact whatsoever on parking in the area, and urged the Council to grant his appeal. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to modify the decision of the Planning Commission, as set forth in Exhibit "B" of the staff report designated Alternate Findings and Conditions of Approval for Use Permit No. 3240. Council Member Plummer addressed the issue of in -lieu parking, wherein the City Attorney responded that in the past, the City has advised applicants who are required to purchase in -lieu parking spaces that the fee may not always be $150 per space and that there is the possibility the amount could be greatly increased at some point in the future should the City Council adopt a new code revision. He stated that the condition regarding in -lieu parking for Mr. Soffer states that the applicant is obligated to purchase spaces in accordance with the provisions of the municipal code and if the code is revised, then Mr. Soffer °s obligation is revised accordingly. The motion was voted on and carried. Mr. Soffer addressed the podium again, and stated, "I would be happy, as a landowner, to contribute as much as my fair share would be towards a parking structure because I know every dime would go into the building, and I feel other property owners in the area would go along with it too." 5. Mayor Cox opened the public hearing regarding the APPLICATION OF WARE AND MALCOMB ARCHITECTS, INC., FOR PLANNING COMMISSION AMENDMENT NO. 637, AND RELATED TRAFFIC STUDY, to amend the NEWPORT PLACE PLANNED COMMUNITY DEVELOPMENT PLAN on property located at 990 Dove Street, Newport Beach, so as to reclassify the property to permit the construction of a 54,000 sq. ft. four -story office building. The proposal also includes a modification to the Zoning Code to permit the use of compact parking for a portion of the off - street parking spaces; a request to provide off - street parking based on a formula of one parking space for each Volume 41 - Page 7 U/P 3240 Blue Beet Restaurant (94) 637 Study • • is CITY OF NEWPORT BEACH COUNCIL MEMBERS \II\N� C¢ G9Z 9G�� January 12, 1987 MINUTES 250 sq. ft. of net floor area rather than one parking space for each 225 sq. ft.; and the acceptance of an Environmental Document. Also requested is the approval of a Traffic Study to permit the construction of the 54,000 sq. ft. office building. Report from the Planning Department, was presented. The City Manager summarized the proposal noting that the project as approved would allow construction of 48,000 sq. ft. of office use in the Newport Place Planned Community. This development will replace 8,400 sq. ft. of restaurant use previously permitted. The reduction of the project imposed by the Planning Commission will result in an intensity of development of 0.66 FAR, which is generally consistent with other floor area ratios permitted in the area. The proposal will still require the approval of the modification to allow parking to be provided at a ratio less than one space for each 225 sq. ft., and to allow the provision of a portion of the required spaces to be compact spaces. Staff has also provided a revised analysis of the project under the provisions of the Traffic Phasing Ordinance, and the same improvement required of the original project is required by the reduced project. In response to Council inquiry, the Planning Director stated that at the time this issue was before the Planning Commission, several of the Commissioners were concerned regarding the proposed intensity of the project in comparison to the other projects which had already been approved within the Newport Place Planned Community, and in reviewing the proposal, it was the feeling of the majority that by removing the square footage proposed for the upper penthouse, they could achieve a reduction in the overall intensity which would be 0.66, and is more in keeping with existing intensities in Newport Place. It would also reduce the need for the modification of the parking requirement. He stated that parking requirements for office use varies considerably throughout the City. Bruce McDonald, 118 Baycrest, co -owner and applicant of the proposed project, addressed the Council and stated it is Volume 41 - Page 8 PCA 637 Trfe Study COUNCIL MEMBERS S � • • CITY OF NEWPORT BEACH MINUTES January 12, 1987 their intention to occupy the building for their corporate offices and, therefore, the building is very important to them. He stated that he has been working with the City staff on this project for over a year. The staff report that was presented to the Planning Commission recommended approval of their request for 54,000 sq. ft., and he is hopeful that the City Council will see fit to agree with the staff's recommendation, and not the recommendation of the Planning Commission. He stated that they would like the Council to waive the condition requiring one parking space for every 225 sq. ft., and the condition that the building be reduced from 54,000 sq. ft. to 48,000 sq. ft. He stated he felt the conditions were not necessary, inasmuch as the building has a subterranean garage for over 50% of the parking, three floors and the penthouse. The subterranean garage was designed to remove the parking from the street level, which they believe will enhance the architectural structure of the building. A traffic analysis was completed and the staff concurred with the findings and recommended to the Planning Commission that the parking requirement be reduced from one parking space for every 225 sq. ft., to one parking space for every 250 sq. ft., which is in conformance with City regulations and has been done in the past in this particular subdivision. In addition, they are required to mitigate the intersection of MacArthur and Jamboree, and is required whether or not the building will be 54,000 sq. ft., or 48,000 sq. ft. He stated that their total design criteria was to comply with the traffic analysis at the full square footage. He stated that the City Council has, in the past, approved approximately 20 to 30 amendments to the Newport Place subdivision, including density changes. They are asking for the same consideration, and to approve their building as recommended by the staff. In response to Council inquiry, Mr. McDonald stated that they anticipate to use the first floor of the building for standard office use. He stated that the building is designed for a single tenant, and therefore, they are discouraging multi- tenant use. He also stated that they were informed of the 0.66 density change just two days prior Volume 41 - Page 9 0 PCA 637 Trfc Study COUNCIL MEMBERS 1p'*\06 • • • CITY OF NEWPORT BEACH MINUTES January 12, 1987 to their hearing before the Planning PCA 631 Commission, and if they would have known Trfc Study that density was the key issue, rather than traffic, they never would have spent one year designing the building. The Planning Director, in response to comments made regarding delays, stated that the City changed the requirement in terms of the Traffic Phasing Ordinance, so as to require developers to not only consider the p.m. peak, but the a.m. peak. In this particular area, the City retained a consultant to obtain the a.m. count, but the particular time this project got underway was the same time the extension of the Corona del Mar freeway was opened. And when a freeway is opened, one must wait several weeks before a traffic pattern can be established and an accurate traffic count can be taken. In addition, what compounded the problem in this particular case, was that no sooner had the freeway opened, it was closed again for additional work. Council Member Turner asked Mr. McDonald if the City Council were to approve the 54,000 sq. ft., what does that do to their design criteria? Mr. McDonald replied that they both go "hand -in- glove," and the one parking space for every 250 sq. ft. must be achieved, otherwise further steps would be necessary with regard to the subterranean parking structure. Mayor Pro Tem Hart stated she was under the impression that this particular site was zoned 0.63, and that what the Planning Commission actually approved at 0.66 is higher than anything else west of MacArthur Boulevard. In response to the above comment, the Planning Director stated that 0.63, as stated in the staff report, is indicated as the highest floor area ratio that currently exists within the Newport Place Planned Community. Patricia Temple, Environmental Coordinator, addressed the Council and stated that the Newport Place Planned Community is currently divided into several sites, seven of which are office sites, and of these office sites, the highest floor area ratio that is permitted is 0.63. It is possible, Volume 41 - Page 10 Motion • Motion 0 CITY OF NEWPORT BEACH COUNCIL MEMBERS x xl xl xl xl Ix lx MINUTES January 12, 1987 however, that individual buildings on PCA 637 individual building sites within one or Trfc Study more of the office sites may exceed this level. She stated that the heights in Newport Place range from two stories to eight stories. Lloyd McDonald, Bruce McDonald's father, addressed the Council and stated that they have followed all the guidelines set forth by the City and feel they are not asking for anything that has not already been given to other individuals, and urged the Council to uphold the staff's recommendation of 54,000 sq. ft. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 87 -1, amending the Newport Place Planned Community Development Plan; approve the Traffic Study; accept the Environmental Document; and approve 54,000 sq. ft., with the proviso that one parking space be provided for every 225 sq. ft. Discussion ensued, wherein the applicant addressed the Council again and, therefore, the hearing was reopened. Mr. McDonald stated that following the parking study, it was concluded that the one parking space for every 225 sq. ft. was not necessary based on various analysis of different hours during the day. He stated that the Traffic Engineer who completed the study was in attendance if the Council wished to question him. The hearing was closed. Mayor Pro Tem Hart stated that she could not support the motion. She stated that she realized parking was a problem, but felt the real problem was traffic and, therefore, could not support increasing the density on the subject parcel. She stated she felt the Planning Commission did a good job in reviewing this project and she did not think their decision should be overruled. Substitute motion was made to adopt Resolution No. 87 -1, amending the Newport Place Planned Community Development Plan; approve the Traffic Study; and accept the Environmental Volume 41 - Page 11 COUNCIL MEMBERS y � Ayes Noes • Motion All Ayes CITY OF NEWPORT BEACH ©©©©■©© x MINUTES January 12, 1987 Document; approve 54,000 sq. ft. with the provision that applicant provide one parking space for every 250 sq. ft., which motion FAILED BY TIE VOTE. Lloyd McDonald addressed the Council again and, therefore, the hearing was reopened. Mr. McDonald stated that an intense traffic analysis was completed on their project, which established their entire criteria for design of the building. The hearing was closed. Following discussion with regard to compact parking spaces, Council Member Turner changed his original motion and moved to adopt Resolution No. 87 -1, amending the Newport Place Planned Community Development Plan; approve the Traffic Study; and accept the Environmental Document; approve 54,000 sq. ft. with the provision that the number of on -site parking spaces shall be increased. Additional spaces may be provided by increasing the number of compact parking spaces to a maximum of 40 %. Said increase will result in a number of spaces within a range of one space for each 250 to 225 sq. ft. 6. Mayor Cox opened the public hearing regarding GENERAL PLAN AMENDMENT NO. 86 -1(H) - a request initiated by the City of Newport Beach, to amend the Housing Element of the Newport Beach General Plan to update the Housing Element to include an analysis of families and persons in need of emergency shelter and provisions for the needs of families and persons in need of emergency shelter; and acceptance of an Environmental Document. Report from the Planning Department, was presented. The City Clerk advised that after the agenda was printed, a letter was received from the Fair Housing Council of Orange County regarding the proposed General Plan Amendment. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 87 -2 approving General Plan Amendment No. 86 -1(H), and accepting the Environmental Document. Volume 41 - Page 12 PCA 637 Trfc Study 87 -1 ;PA 86 -1(H) (45) Res 87 -2 COUNCIL MEMBERS IN\O\OAA • Motion All Ayes • • 9M CITY OF NEWPORT BEACH MINUTES January 12, 1987 E. PUBLIC COMMENTS: 1. Ed Burt, President, Newport Beach NB /Employees Employees League, addressed the Council League and expressed appreciation to the Mayor, Council and City Manager for the study and audit the League requested approximately two years ago, which has now been completed. He stated he felt that employee moral and efficiency has improved as a result of the study, and presented the City Manager with an employees' cap in recognition of his efforts. 2. Allan Beek, 1945 Sherington, addressed the Council and requested that an ordinance be enacted establishing a 50% maximum floor area ratio. He stated he felt such a regulation would avoid excess congestion and traffic and prevent potential problems. F. CONSENT CALENDAR: The following actions were taken as Indicated, except for those items removed: 1. ORDINANCES FOR INTRODUCTION - Schedule for public hearing on January 26, 1987: (a) Proposed ORDINANCE NO. 87 -1, being, 10rd 87 -1 AN ORDINANCE OF THE CITY OF (94) NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 34 SO AS TO RECLASSIFY PROPERTY FROM THE "U" UNCLASSIFIED DISTRICT TO THE "A -P (.5)" DISTRICT AND MODIFYING THE ZONING CODE TO ALLOW A PORTION OF THE REQUIRED OFF- STREET PARKING TO BE TANDEM AND COMPACT PARKING SPACES IN CONJUNCTION WITH THE EXPANSION OF AN EXISTING OFFICE BUILDING ON SAID PROPERTY, (PLANNING COMMISSION CA 642 AMENDMENT NO. 642), A request of DORIUS ARCHITECTS, Corona del Mar, to reclassify the property located at 1550 Bayside Drive, Corona del Mar, from "U" (Unclassified) to "A -P (.5)." (Refer to report from the Planning Department presented with agenda Item F- 10(a)) Volume 41 - Page 13 CITY OF NEWPORT BEACH COUNCIL MEMBERS sT 99 G o <<'\1;P\ January 12, 1987 o ROLL P` $ MINUTES 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -3 declaring the Outer C /Shlf City °s intent to provide $8,500 in Res 87 -3 • matching funds for the Local (87) Governmental Coastal Management Improvement Program. (Report from Executive Assistant to the City Manager) (b) Resolution No. 87 -4 authorizing the Lincoln application for grant funds School /Grnt totalling $181,000 under the Funds allocation program provided by the Res87 -4 Community Parklands Act of 1986 for C -2528 improvements to the Lincoln (38) Athletic Facilities. (Report from the Parks, Beaches & Recreation Director) (c) Resolution No. 87 -5 approving Janitorial proposed rate increases for Mntnc Srv/ Janitorial Maintenance Services by Universal Universal Building Maintenance Res 87 -5 Company (Contract No. 2049 C -2049 servicing Police and Library (38) Departments). (Report from the Executive Assistant to the City Manager) • (d) Resolution No. 87 -6 supporting Legislattion Legislation requiring motorcyclists Res 87 -6 to wear safety helmets. (Report (48) from the City Attorney) (e) Resolution No. 87 -7 declaring the FW /Vacation City °s intention to vacate, and to Esmt /Swr Ln set a public hearing for February Birch St 9, 1987 to consider the vacation of Res 87 -7 an easement and sewer line (90) northeasterly of Birch Street between MacArthur Boulevard and Von Karman Avenue. (Report from Public Works Department) (f) Resolution No. 87 -8 approving an CDBG Prg exempt declaration for the use of Res 87 -8 Federal funds for the overall (87) one -year Community Development Block Grant Program. (Report from the Planning Department) (g) Resolution No. 87 -9 certifying CDBG Prg levels of clearance for the twelve Res 87 -9 specific activities within the (87) Community Development Block Grant • Program. (Refer to report w /agenda item F--2(f), above) Volume 41 - Page 14 INUMA (h) Resolution No. 87 -10 amending Stop Sign/ Resolution No. 7333 by deleting the Acacia /2nd requirement for traffic on Second Ave Avenue to stop at Acacia Avenue, Res 87 -10 • and requiring vehicles on Acacia (85) Avenue to stop at Second Avenue. (Report from Traffic Affairs Committee) (i) Resolution No. 87 -11 requiring Stop Sign/ vehicles to stop on all approaches Poppy /5th at Poppy and Fifth Avenues, and Bayvu /LaVida Bayview Way and Bayview Place; La LaSalud /La Vida at La Salud; La Felicidad at Felicidad/ La Salud; and La Felicidad at Camelback Camelback Street. (Report from Res 87 -11 Public Works - Traffic Engineering) (85) 3. CONTRACTS /AGREEMENTS: (a) Authorize Mayor and City Clerk to Marinapark execute Agreement with Steven Mhm Lndscpg Nakauchi to provide landscape C -2630 maintenance services at Marinapark (38) Mobilehome Park. (Report from Executive Assistant to the City Manager) (b) Award Contract No. 2575 to Isumit St Wakeham- Baker, Inc., for the total Imprvm /Bal • price of $152,152 for Summit Street Pkg Lot Improvement and Balboa Parking Lot C -2575 Improvements and authorize the (38) Mayor and City Clerk to execute subject contract; and approve budget amendment transferring $25,000 from Account No. 23 -5697 -032 to Account No. 02- 4497 -010. (Report from Public Works Department) Note: Additional letter received after the agenda was printed from Balboa Peninsula Point Association opposing the above award. (c) Award Contract No. 2562 to Steiny BalBlvd St and Company, Inc., for the total Lt Rplcm/ price of $143,400 for Street Light Alvarado - Replacement for Balboa Boulevard "B" St from Alvarado to "B11 Street and C -2562 authorize the Mayor and City Clerk (38) to execute subject contract; and approve a budget amendment • appropriating $43,400 to Account No. 02- 3293 -378. (Report from Public Works Department) Volume 41 - Page 15 • 1• � L 'F' 1. 3. �I COUNCIL MEMBERS \CAL ROLLA s 99 �G� 9Gp �9J Gss �F� �� $Fp January 12, 1987 MINUTES f(TNTJ R (d) Award Contract No. 2566 to George Wtr Mn Rplcm Dakovich & Son, Inc., for the total '86 -87 price of $89,850 for 1986 -87 Water C -2566 Main Replacement Program and '.(38) authorize the Mayor and City Clerk to execute subject contract. (Report from Public Works Department) (e) Approve an agreement guaranteeing Ofst Pkg completion of the public Agm /Cmpltn improvements required with the Pblc Imprvm offsite parking agreement for 2816 2816/2818 and 2818 Newport Boulevard Npt B1 (Contract 2605)9 and authorize the C- 2605(A) Mayor and the City Clerk to execute (38) subject: agreement. (Report from the Public Works Department) 4. COMMUNICATIONS - For referral as indicated: (a) To the Police Department for PD inclusion in the records, (70) correspondence from Communication and Language Line, Inc. (CALL), a service to facilitate emergency and medical. services throughout the U.S. • (b) To Public Works for response, PW request from Joseph N. Stanford for (74) reply to his correspondence dated February 13, and December 29, 1986, regarding the lack of sidewalks on Dover Drive to connect with the existing walks on Pacific Coast Highway, alleging that this is a potential hazard for serious injuries to bicyclists and pedestrians. (c) To City Clerk for inclusion in the 0/C Harbors records, letter of thanks from Bch /Pks Cmsz Joyce R.isner, Councilmember of City (54) of Seal Beach, for the Council's support towards her election to the Orange County Harbors, Beaches and Parks Commission. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: (a) Orange County Local Agency Formation Commission Minutes of November 5, 1986, and Preliminary • Agenda for January 7, 1987. Volume 41 - Page 16 W Los Angeles Times Clipping dated October 23, 1986, regarding Offshore Drilling in California, from Karl 0. Bergheer. • (c) Applications before the California Public Utilities Commission: 1) Prime Time Limousine Service; and 2) Southern California Edison Company, (U 338 E) Application No. 86 -12 -047. (d) Copies of correspondence and clippings from Al "King Alfonzo" Lizanetz regarding his ongoing campaign against Avco Corp. (owned by Deere & Company), Kemper Marley; and supporting "Farm Aid," a lottery to raise money for the Internal Revenue Service, and suggesting the government sell cattle from the dairy termination program to underdeveloped countries. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Aetna Insurance Company for John D. Aetna Ins/ Cochran for property damage and Cochran personal injury as a result of driving off into the Bay on September 19, 1986, alleging City negligent in not lighting Back Bay Drive area and repairing barricade. (b) American Manufacturing Mutual American Insurance Company for Ken Heinz, Mfg /Heinz alleging damage to his vehicle as a result of colliding with City Police vehicle at Pacific Coast Highway and Jamboree Road, on November 18, 1986. (c) Darren Lee Baker for personal Baker injury as a result of traffic accident at Quail Street near intersection of Birch Street on October 16, 1986, alleging view of roadway obscured for merging traffic, posted speed too fast for • conditions of road use, and lack of sufficient clearance and width of roadway. Volume 41 - Page 17 MINUTES rr•ril*q (d) Robert E. and Helen Ruth England England for property damage, alleging City sewer backed up causing damage to their residence at 2918 Alta Vista • Drive on November 12, 1986. (e) Kent G. Hindes for personal Hindes injuries, etc., alleging City Police vehicle broadsided his vehicle on Balboa Boulevard on October 2, 1986. (f) Jean Keller for property damage, Keller alleging Police Officers, responding to alarm at 1900 Galaxy Drive an December 8, 1986, broke large terra cotta planter. (g) Paul L. Magaris alleging City Magaris Refuse Truck damaged wooden structure, outside wall of house and attached storage room at 2506 W. Ocean Front on December 2, 1986. (h) Robert S. Marsh for damages and Marsh towing fee, alleging his vehicle towed away unlawfully by G & W Towing at 4608 Seashore Drive on November 17, 1986, authorized by • the Police Department. (i) John and Michele Marshall for Marshall property damage to vehicle, alleging City crew oversprayed sign work at corner of Clay and Westminster, during the month of October, 1986, (j) Grace E. McEligot for personal McEligot injuries as a result of fall at Eastblu.ff Park on September 13, 1986, alleging she stepped into a hole Which had been left by City employees during removal of several trees in the area. (k) Shauna Quick and Sean Montgomery Quick/ alleging emotional distress, mental Montgomery anguish, humiliation, etc., as a result of being arrested by City Police Officer at Marriott Hotel, Newport Center on September 5, 1986. (1) T. L. Robak Company seeking partial Robak Co/ and total indemnity in the lawsuit Hromadka • filed by John Hromadka, Orange County Superior Court Case No. 50- 49 -66. Volume 41 - Page 18 CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL s� q 7r 4 9 ROLL Gss January 12, 1987 '^71 1 ti (m) Robert W. Speich alleging personal Speich injuries as a result of fall on sidewalk at Park Avenue near Abalone, Balboa Island on December • 9, 1986. (n) Lonna White alleging City Police White Officer took car keys and lost them on December 22, 1986 at 1900 19th Street (711 Store); seeking reimbursement for locksmith fee of $55.00. (o) William M. Kull, alleging City (by Kull contract) damaged gate, wall and brick pads at 950 Sandcastle Drive; seeking reimbursement for repair to original condition. For rejection: (p) LATE CLAIM of Robert S. Redfield, Redfield alleging his vehicle towed in error from 49th Street and River Avenue on June 23, 1986; seeking reimbursement for loss of work and towing fee. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's (36) referral to the claims adjuster: (a) Villa Balboa Community Association, Villa et al, Orange County Superior Balboa C/A Court, Case No. 50 -79 -54 regarding Hoag Hospital. 8. REQUEST TO FILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve two Police Officers, Patrol Division. (b) Approve one Animal Control Officer, Patrol Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Memos from the Police Department PD /Audit regarding Audits for the following: Geographic Deployment; Patrol Methods and Procedures; Selection of Investigators (25A & 25B); • Recruitment; Selection; Promotion; Performance Evaluation; Training; Investigative Training; Performance Evaluations (27A & 27B); Turnover Rate; Sex, Race and Ethnic Group; Volume 41 - Page 19 COUNCIL MEMBERS O ROLL S S • 1I '� u 1\ January 12, 1987 MINUTES nell/ it d Way iz Cmsn 6 -3(A) and Investigative Workloads (22A & 22B); Case Management System; Supervision; Helicopter Patrol; Accident Investigation; Tactical Deployment; Patrol Staffing and Deployment; Management Programs Unit; Special Event Planning; Supervision; Compensation Plan; Career Development; Employee Assistance; Support Services; Organization for Records Management; Field Reporting; Report Review; Communications; Detention Procedures; Evidence and Property Control; and Fleet Management. (b) Report from the City Attorney O'Don regarding estimate from O'Donnell Gordo and Gordon (C -2331) for legal C -233 services from January 1 - February (38) 28, 1987. (c) Report from City Attorney Counc recommending adoption of amendments Polic to Council Policies A -9 CITY (69) COUNCIL COMMITTEES, and A -10 PROCEDURAL RULES FOR THE CONDUCT OF CITY COUNCIL MEETINGS to conform with recent amendments to the Brown Act. For Council information and filing: (d) Memorandum from the City of Newport Unite Beach Chairperson of the 1986 -87 Organ United Way Campaign regarding (61) pledges made by City employees. (e) 1986 Salute to the Arts Financial Arts recap. (24) 10. PUBLIC HEARING SCHEDULING - For January 26, 1987• (a) GENERAL PLAN AMENDMENT NO. 86 -3(A) GPA 8 - An Amendment to the Land Use (45) Element of the Newport Beach General Plan to redesignate property located at 1550 BAYSIDE DRIVE, Corona del Mar, from "Low Density Residential" to "Administrative, Professional, and Financial Commercial;" and the acceptance of an Environmental Document; and LOCAL COASTAL PROGRAM AMENDMENT NO. LCP At 11(A) - An amendment to the Local 11(A) Coastal Program, Land Use Plan, to redesignate the property located at Volume 41 - Page 20 nell/ it d Way iz Cmsn 6 -3(A) and CITY OF NEWPORT BEACH COUNCIL MEMBERS \CAL\\"P ROLL January 12, 1987 L�ll►L1 IN® X 1550 BAYSIDE DRIVE, Corona del Mar, from "Low Density Residential" to "Administrative, Professional, and Financial Commercial." (Report from the Planning Department) (b) LOCAL COASTAL PROGRAM AMENDMENT NO. LCP Amnd 11(B) - An amendment to the Local 11(B) Coastal Program, Land Use Platt, adding language to permit the use of lots designated for residential uses, adjacent to commercial districts; for parking lots to support the commercial development upon approval of a use permit in each case. (Report from the Planning Department) 11. RESUBDIVISION NO. 790 - Accept the Resub 790 public improvements constructed in (84) conjunction with Resubdivision No. 790 (Lots 15 through 24 and a portion of a vacated alley in Block 14, Tract No. 234, located at 1441 West Balboa Boulevard, on the southeasterly corner of West Balboa Boulevard and 15th Street, on the Balboa Peninsula); and authorize the City Clerk to release the • Faithful Performance Bond (No. 5SB035186 BCA) and Labor and Material Bond (No. 5SB035186 BCA) in six months, provided no claims filed. (Report from Public Works Department) 12. TRACT NO. 12271 - Approve an agreement Tract 12271 for nonstandard street improvements at various intersections within Tract No. 12271 private streets (portions of Blocks 51 and 57 of Irvine's Subdivision on property generally bounded by MacArthur and University Drive (extended) commonly known as Area 5 of the North Ford Planned Community); and authorize the Mayor and City Clerk to execute the subject agreement and record with the Orange County Recorder. (Report from Public Works Department) 13. USE PERMIT NO. 3077 - Approve an U/P 3077 encroachment agreement for nonstandard (88) parkway improvements within an existing public utility easement along the southerly parkway of Granville Drive, a private street [parcel 2 of Parcel Map No. 152 -17, Resubdivision No. 616), • located at 1100 Newport Center Drive, on the southwesterly corner of Granville Drive and Newport Center Drive in Newport Center); and authorize the Mayor and City Clerk to execute the subject Volume 41 - Page 21 i • • s agreement and record with the Orange County Recorder. (Report from Public Works Department) 14. HOSPITAL ROAD WIDENING, DOVER DRIVE SIDEWALK AND BALBOA YACHT BASIN MARINA STORAGE UNITS (CONTRACT 2524) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11 a.m. on January 29, 1987. (Report from Public Works Department) Hospital Rd Widng /Dvr Dr Sdwlk /Bal Ycht Ban Mrna Strg C -2524 (38) 15. PROPOSED GENERAL PLAN AMENDMENT NO. GPA 86 -1 86 -10, C, F) - Sustain the (B /C /F) recommendation of the Planning (45) Commission that General Plan Amendment No. 86 -1 not be expanded to include the additional sites for development approvals within the airport study area, that no further planning or environmental studies be pursued, and that General Plan Amendment No. 86 -1 (B, C, F) be terminated. (Report from the Planning Department) 16. Removed from the Consent Calendar. 17. BUDGET AMENDMENTS - For approval: 1(25) BA -056 - $8,700 Transfer in Budget Appropriations to repaint lobby, corridor galleries, carpet lobby, provide electrical upgrade and provide facility for sculpture display; Nondepartmental Fund. BA -057 - $25,000 Transfer in Budget Appropriations for completion of funding needed to award Balboa Parking Lot Improvements (C- 2575); Balboa Parking Lot Improvement Fund. BA -058 - $43,400 Decrease in Unappropriated Surplus and increase in Budget Appropriations for additional funding - Street Light Replacement for Balboa Boulevard from Alvarado Street to "B11 Street (C- 2562); Nondepartmental Fund. BA -059 - $6,000 Transfer in Budget Appropriations for construction of a flashing yellow beacon on Cameo Shores Road; Nondepartmental Fund. Volume 41 - Page 22 MINUTES I &IMO V mme ms,® n G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Marine Department dated Harbor Perm November 24, 1986, recommending approval Apli #128 - • of HARBOR PERMIT APPLICATION #128 -3017, 3017 by Lancer Landing, Ltd., to revise the (51) commercial docks bayward of 3101 West Pacific Coast Highway, subject to conditions listed in the staff report, was presented. Donald Richardson, 801 Civic Center Drive, Santa Ana, representing Lancer Landing, Ltd., addressed the Council and stated that they take exception to Condition No. 5, which imposes: "that any vessel berthed in the revised slip be prohibited from chartering from this location." He stated that no such condition was imposed on the original harbor permit for this location, and no such condition was imposed when the marina was rebuilt in 1981, and they do not feel they should be discriminated against. He requested that the Council grant their harbor permit without Condition No. 5. Tony Melum, Tidelands Administrator, • addressed the Council and stated that the Marine Department, as well as other departments of the City, have received numerous complaints when charter vessels have been berthed at the subject location, particularly since the site is in a redevelopment phase and is unable to provide any amenities, such as parking and trash receptacles. It basically has had a very dangerous loading location and the docks were in such poor condition that there was a liability factor to consider on the part of the property owner and City, as well. In addition, the Marine Department had a problem getting cooperation from the marina manager and dock owner at the time of charter operations in this location. Mr. Richardson addressed the Council again, and stated that they presently have trash removed daily, and construction of the underground parking facility should be completed up to the street level by May 1. Also, their • docks have just been completely refurbished and they do not anticipate any safety problems as a result of the new docks. Volume 41 - Page 23 • 1 1, 151 11,711, - ]! - COUNCIL MEMBERS S � G � A „ 9 January 12, 1987 • Motion All Ayes 1I 11 u x MINUTES Discussion ensued with regard to dock access by way of a "catwalk." The City Attorney pointed out that his office, as well as the Marine Department, have had a number of concerns with regard to the safety of such access, and feels that future charter activities should be contingent upon the permittee's ability to provide safe access to the docks. Mr. Richardson addressed the Council again and stated that they just recently repaired the catwalk with new flooring and structuring underneath. In addition, as soon as their parking garage is completed, the plans provide for access directly across from that area. Following discussion, the City Attorney suggested that Condition No. 5 be revised to read as follows: "During construction of the underground parking facility, no vessel berthed in the revised slip shall be chartered from this location. Subsequent to completion of said construction, chartering may be permitted in accordance with City ordinance." Motion was made to approve Harbor Permit Application No. 128 -3017, subject to the conditions as set forth in the staff report, including Condition No. 5, as revised by the City Attorney in the foregoing. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from the City Manager, dated December 8, 1986, regarding REQUEST OF CONFERENCE AND VISITORS BUREAU, was presented. Letters in support regarding visitor's service fee from Catalina Passenger Service, Inc., and Newport Harbor Art Museum, were presented. Letter against the visitor's service fee from Bobby Lovell, on behalf of the SPON Steering Committee, was presented. Volume 41 - Page 24 Harbor Perm Apli#128- 3017 Finance/ Visitors' Sery Fee (40) COUNCIL MEMBERS -0*0ox -\Ae* • 11 u • Dqkl1 MINUTES January 12, 1987 The City Clerk advised that after the Finance/ agenda was printed, a letter was Visitors' received from the President of Fashion Sery Fee Island Merchants Association, supporting the request. The City Manager advised that there is still one item in the proposed agreement that has not met the consensus between staff and the Conference and Visitors Bureau pertaining to indemnification and, therefore, the Conference and Visitors Bureau, by telephone, has requested the Council again continue this item to January 26, 1987, with the understanding this will be the last continuation of this item. Council Member Sansone commented that he could not find anything in the Council's agenda material which indicates why the City should get involved in the subject proposal. He stated he felt this was an issue which could be handled by the individual hotels' advertising budget and administered by them, rather than by the City. The City Manager responded that there are a number of cities involved in this type of program, with the understanding that with the promotion, it increases the occupancy rate, which increases the transient occupancy tax to the City. He stated that some cities justify the program on the basis that there is a valid return to the City. It is also pointed out in the staff report that many cities do not choose to participate in such a program because the benefits do not justify City involvement. Council Member Sansone stated that he had taken a survey during the period December 10 to January 2, to get a sampling from the residents as to how they felt about the subject proposal. The survey covered nine locations consisting of a total of 117 people, all registered voters within the City, with husbands and wives being counted as one. The results were as follows: 42 - familiar with proposal 75 - not aware at all Volume 41 - Page 25 COUNCIL MEMBERS • Motion All Ayes 1r u Green Red Green Red ,r u x xi X1 x xi xi I xi MINUTES January 12, 1987 Council Member Sansone stated that of the 42 familiar with the proposal, 6 persons approved, with 33 against, and 3 with no opinion. He stated that after the proposal was explained to the people who did not understand it, 16 approved, 48 disapproved and 11 had no opinion. A summary of both categories resulted in 22 residents approving, 81 disapproving and 14 had no opinion. He stated that he wanted this survey made part of the record for consideration when this issue comes up again. Motion was made to continue this item to January 26, 1987, as requested. 2. PLANNING COMMISSION VACANCY: Council Member Sansone stated that Council Member Strauss and he had intended to add another nominee for consideration, not that they feel the two nominees selected by the Appointments Committee are not qualified- -they are fully qualified, but they felt they wanted someone on the Planning Commission who represented a different point of view from what they feel the Planning Commission now represents. However, they were unable to generate the sufficient number of votes, and so with Council Member Strauss's concurrence, he will not submit an alternate name for consideration. In view of the foregoing, the Mayor assigned the following: green light to nominee Michael Lapin, and red light to nominee Gary Pomeroy. The vote resulted in a tie vote and, therefore, a vote was taken again: green light - Michael Lapin red light - Gary Pomeroy The City Clerk advised that Gary Pomeroy was appointed as the new Planning Commissioner to fill the unexpired term of Clarence Turner ending June 30, 1988, Volume 41 - Page 26 Finance/ Visitors' Service Fee Planning Commission COUNCIL MEMBERS \AG �G�A $9G Motion Ayes x a Motion All Ayes Motion x All Ayes Motion x All Ayes Motion 611 Ayes Motion All Ayes Green Red • x I x Ix Ix CITY OF NEWPORT BEACH MINUTES P V \ January 12, 1987 Hoc (24) Hoc 3. COUNCIL AD HOC AVIATION COMMITTEE: Motion was made to defer action to appoint the Alternate to the Representative from the Homeowners Association until the return of Council Member Strauss. 4. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE: Memorandum from City Clerk designating those citizens who wish to be appointed /reappointed to the Bicycle Trails and Quality of Life Citizens Advisory Committees, was presented. x Motion was made to defer (District 1) Council Member Strauss's appointments until his return. Motion was made to defer (District 2) Council Member Plummer's appointment to January 26, 1987. Motion was made to confirm (District 4) Council Member Turner's reappointment of Donald Regan and appointment of Dennis Osborne for one -year term ending December 31, 1987. x Motion was made to remove James Andre from the membership, and that this position remain vacant - (District 5) Council Member Maurer. x Motion was made to confirm (District 6) Council Member Sansone's reappointments of Sydney Balalis and Ralph Winter, for one -year term ending December 31, 1987. 5. APPOINTMENT TO THE TECHNICAL OIL ADVISORY COMMITTEE: x x Lloyd Sellinger (Incumbent) was given the green light, and Donald R. Lawrenze was given the red light. Lloyd Sellinger (Incumbent) was appointed to a 4 -year term ending December 31, 1990. J. CURRENT BUSINESS: 1. Proposed resolution establishing a CITY COUNCIL AD HOC ANNEXATION COMMITTEE, was presented. Volume 41 - Page 27 Hoc (24) Hoc COUNCIL MEMBERS A Motion All Ayes • Motion All Ayes • • CITY OF NEWPORT BEACH MINUTES January 12, 1987 Motion was made to adopt Resolution No. 87 -12, establishing a CITY COUNCIL AD HOC ANNEXATION COMMITTEE; and appoint two Council Members, Clarence Turner and Ruthelyn Plummer. Proposed resolution establishing a CITY COUNCIL AD HOC COMMITTEE TO RE- EVALUATE NEWPORT CENTER, was presented. Motion was made to adopt Resolution No. 87 -13, and to appoint Council Member Phil Sansone. 3. Report from the Appointments Committee regarding the QUALITY OF LIFE CITIZENS ADVISORY COMMITTEE, was presented. Mayor Cox stated that at the December 8, 1986 City Council meeting, he called to the attention of the Council some of the concerns of the Committee members regarding their duties, responsibili- ties, etc. As a result, the Appointments Committee met to review the assignments that have been given to this committee, and to determine whether their guidelines should be more explicit as to their direction. Following review, it was the opinion of the Appointments Committee that the duties and responsibilities of the subject committee are too broad for effective Citizens Committee review and recommendations and, therefore, it is the recommendation of the Appointments Committee that another committee be structured to replace the Quality of Life Committee. Mayor Cox stated that the new committee will be given responsibilities dealing primarily in litter, beautification, matters of an environmental nature, and toxic waste and materials review. It is proposed the new committee be called the Environmental Quality Affairs Citizens Advisory Committee and shall consist of seven (7) members with one Council Liaison person, and staffed by the Environmental Services Coordinator and the General Services Director. Mayor Pro Tem Hart reported that she met with the Quality of Life Advisory Committee and reviewed the proposed resolution establishing the Environmental Quality Affairs Committee, and it was suggested by the committee Volume 41 - Page 28 Res 87 -12 (24) Council Ad Hoc Npt Ctr Re Evaluation Cmte Res 87 -13 (24) (24) COUNCIL MEMBERS • u • CITY OF NEWPORT BEACH MINUTES January 12, 1987 that the following changes be made in the proposed resolution: 1) Insert the word "Beautification" in the second line of the first paragraph of the resolution following the word "Beach;" 2) Change the number of members from (7) seven to (14) fourteen with each council member nominating (2) persons for appointment, rather than (1) one, as noted in Item 1; 3) Change Item 4(c) to read "A quorum shall consist of at least (7) seven members of the committee;" 4) Change the heading of Item 5 to add the word "Quality" after the word "Environmental." Mayor Pro Tem Hart advised that the new committee will be meeting the first Monday of each month at the Police Station. It was also noted that the term of each committee member is one year, ending December 31 of each year, pursuant to Council Policy. Council Member Turner stated he felt a 14- member committee is unworkable unless all 14 are present, and feels a 7- member committee has more accountability and productivity. Council Member Plummer spoke in support of a 14- member committee due to the number of responsibilities that will be given to this new committee. She also stated that when she was Council liaison to the Beautification Committee, if 7 to 10 members were in attendance, they were able to accomplish something; however, if you only have 7 members to start with, and only 3 or 4 members attend a meeting, not much can be accomplished. Council Member Sansone suggested that Item 5(c) in the proposed resolution be changed to read the same as Item 3(c) in Resolution No. 86 -6 which states: Volume 41 - Page 29 Quality Life CAC COUNCIL MEMBERS Is ONC-�- • • CITY OF NEWPORT BEACH MINUTES January 12, 1987 "Identify areas of actual and Quality Life potential environmental concerns, CAC including traffic, gather and study facts relative to these concerns or problems, identify and set forth the economic, social and environmental cost benefits involved in regulating environmental quality, and so advise the City Council." Allan Beek, 1945 Sherington, addressed the Council and stated that he'did not see anything in the subject resolution, or in the amendments proposed by Mayor Pro Tem. Hart relative to the committee automatically reviewing environmental impact reports and negative declarations. He stated he felt these functions are desperately needed. He also commented that the Planning Commission and City Council tend to become somewhat "in- bred" considering environmental documentation and, therefore, citizen input is needed to keep the Commission and Council aware of how the public feels about such matters. He urged the Council to include environmental review in the responsibilities of the new committee. Mayor Cox, in response to comments of Council Member Sansone and Allan Beek, stated the concern that was conveyed to him, as well as other Council Members over the past three to five months that prompted the review of the Environmental Quality Committee, pertains to review of environmental documentation. He stated that said Committee had three basic directions, traffic, litter, and review of EIR's, and it became incredibly confusing as to what was important, and as a result, very little was being accomplished. He also pointed out that the Planning Commission and City Council review environmental impact reports and traffic studies with each project when required, and that this proposal does not, in any way, preclude the opportunity for public input on the review of EIR's during the public hearing process. Council Member Sansone stated that he feels there should be citizen input regarding review of EIR's prior to Planning Commission review. He stated that, inasmuch as many public hearings are not widely attended, he felt the new Volume 41 - Page 30 COUNCIL MEMBERS n Ayes Motion All Ayes • • x x CITY OF NEWPORT BEACH MINUTES January 12, 1987 committee should have the responsibility of reviewing EIR's in order to obtain broader citizen input. Following further discussion and comments, motion was made to adopt Resolution No. 87 -14 establishing the Environmental Quality Affairs Committee, including the changes as proposed by Mayor Pro Tem Hart, and rescinding Resolution No. 86 -6. Motion was made to confirm the following appointments: (District 1) Council Member Strauss's appointments deferred until his return; (District 2) Council Member Plummer's appointment of John Vestal (remaining appointment deferred to January 26, 1987); (District 3) Mayor Pro Tem Hart's appointments deferred to January 26, 1987; (District 4) Council Member Turner's appointments deferred to January 26, 1987; (District 5) Council Member Maurer's appointments of Mary Lou Zoglin and Phyllis Schneider; (District 6) Council Member Sansone's appointments of Lloyd Backart and Derek Torley; (District 7) Mayor Cox's appointment of Gordon Kilmer (remaining appointment deferred to January 26, 1987); and Mayor's appointment of Council Member Ruthelyn Plummer, Council liaison., and Mayor Pro Tem Evelyn Hart, Council liaison /Alternate. K. ADDITIONAL BUSINESS: 1. At the request of Council Member Sansone, and there being no objections, the City Attorney was directed to draft an ordinance for consideration at a future study session, establishing a 50% maximum floor area ratio. Discussion ensued with regard to recent amendments to the Brown Act, Volume 41 - Page 31 Environmentl Quality Affairs /CAC Res 87 -14 (24) Area Act COUNCIL MEME • • CITY OF NEWPORT BEACH MINUTES January 12, 19$7 specifically additional business items, after which the City Attorney advised that the City Council cannot consider off - agenda items unless it relates to an emergency, or the Council finds that the matter arose subsequent to the time the agenda was posted. The new amendments will be implemented by virtue of Council Policies A -9 and A -10, which were approved earlier in this meeting, and is applicable to all Boards, Commissions and City Council, as well as some certain ad -hoc and advisory committees. Due to the foregoing, it was suggested that the heading "Additional Business" be deleted from the agenda. With regard to the proposed draft ordinance, the City Attorney advised that this item will require a certain amount of environmental review and, therefore, it would be some time before it can be considered by the Council. The meeting was adjourned at 10:15 p.m. The agenda for this meeting was posted on Thursday, January 8, 1987, at 9 a.m., outside the City Hall Administration Building. ATTEST: City Clerk Mayor Volume 41 - Page 32 Brown Act Amnds