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05/28/1991 - Regular Meeting
rd V07A 1 I, COUNCIL MEMBERS REGULAR COUNCIL MEETING A\\� \¢ TIME: 2P.M1Chambers ROLL CRLL Mayor Sansone presented Reverend Robert Parry, Chaplain, Hoag Memorial Hospital, Presbyterian with a special citation, honoring him for past years of service to Hoag and the community pending his retirement in June from Hoag • Memorial Hospital. Posting of the flag by NEWPORT BEACH POLICE EXPLORER COLOR GUARD 1050. Present x x x x x x x A. ROLL CALL. Motion x B. Reading of Minutes of Meeting of May 13, Ayes x x x x x x 1991, was waived, approved as written, Abstained x and ordered filed. Motion x C. Reading in full of all ordinances and All Ayes resolutions under consideration was waived, and City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Sansone opened the continued public hearing and City Council review of an appeal by JOHN DOMINIS RESTAURANT regarding USE PERMIT NO. 3086 (AMENDED). A request to amend a previously approved use permit which permitted the establishment of a restaurant with on- sale alcoholic beverages, live entertainment and dancing, valet parking and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the • Mariners Mile Specific Plan Area. The off -site area is located at the southeasterly corner of Riverside Avenue and Avon Street. The proposed amendment involves a request to operate the second floor portion of the subject restaurant as a separate use from the third floor restaurant operation. Said proposal also includes a request to operate the second floor restaurant at lunch with a reduced "net public area" Monday through Saturday, whereas the second floor portion of the existing restaurant is currently limited between the hours of 4:00 p.m. and 2:00 a.m. Monday through Saturday and 9:00 a.m. and 2:00 a.m. Sundays and recognized holidays; AND Continued public hearing and City Council review of an appeal by LARRY LEVOFF, KNOW LIMIT, INC. regarding USE PERMIT NO. 3409. A request to permit the establishment of a restaurant with on- sale alcoholic beverages, live entertainment and dancing, valet parking and off -site parking for employees on property located in the "Recreational and Marine Commercial" area of the Mariners Mile Specific Plan Area. The off -site parking area is located at the southeasterly corner of Riverside Avenue and Avon Street. Said proposal involves separating the existing third floor portion of the John Dominis Restaurant so as to operate said portion as an independent restaurant. The proposal Volume 45 - Page 154 MINUTES U/P 3086(A) (88) /P 3409 is • May 28, 1991 also includes a reduction in the "net public area" the restaurant is permitted to operate during the daytime hours Monday through Saturday. Property located at 2901 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Newport Boulevard in Mariners Mile. Site of Off -site parking: Lots 7, 8, and 9, Tract No. 1133, located at the southeasterly corner of Riverside Avenue and Avon Street in Mariners Mile. Report from the Planning Department. Appeal application from Larry Levoff, President of Know Limit, Inc. The City Clerk advised that after the agenda was printed, a letter was received from Jan D. Vandersloot, M.D., regarding the subject request. It was noted in the staff report that the Planning Commission on April 4, 1991 voted (3 ayes, 3 noes, 1 absent) to not approve the subject applications. It was the determination of three of the Commissioners that separating the existing John Dominis Restaurant into two independent restaurant uses would not increase the intensification of use of the property, inasmuch as the "net public area" will not be increased. The other three Commissioners present at the meeting were of the opinion that the proposed development would be an intensification of use on the site that would generate an increase in traffic. As a result of the Commission's action, the applicant for the new restaurant on the third floor of the complex has appealed that decision to City Council. The City Manager summarized the staff report, advising that the request is to: 1) allow dancing on the second floor (already exists on third floor); 2) allow lunch to be served on the second floor (already exists on third floor); and 3) to divide the third floor net public area, i.e. 2691 sq. ft. on the third floor and 2000 sq. ft. on the second floor. He stated that inasmuch as the total "net public area" is not being increased, the parking requirements do not need to be modified. Discussion ensued wherein the Planning Director pointed out that if this request had been approved by the Planning Commission, one of the Conditions of Approval recommended the following: Condition No. 20 - That the Planning Commission may add or modify conditions of approval to this use permit, or recommend to the City Council the revocation of this use permit, upon a determin- ation that the operation which is the subject of this use permit, Volume 45 - Page 155 MINUTES /P 3086(A) /P 3409 „r rra•.. :w �a gma1 \IDIiJ" 1 t 5/:11;1 MINUTES .I causes injury, or is detrimental U/P 3086W to the health, safety, peace, U/P 3409 morals, comfort, or general welfare of the community. The Planning Director also commented • that he felt the on and off -site parking for the John Dominis restaurant was adequate, as well as the proposed Conditions of Approval relative to live entertainment and dancing. Jerry King, representing the applicant, addressed the Council and presented the following information: that the proposal is to "shrink the operational character 'Let ic a" of the John Dominis restaurant, and provide two completely separate restaurants within the building, with each operation having its own lunch area as well as their own dancing area; the restaurant already has two separate kitchens; and with respect to off -site parking, the applicant will work with the owner of the parking lot at the southeasterly corner of Avon Street and Riverside Avenue to "resecure" that location for off -site parking, which will be monitored daily. Jan D. Vandersloot, M.D., 2221 East 16th Street, representing Newport Heights Community Association, addressed the Council and referenced his letter dated May 27, 1991, wherein it states, in Part: "The specific problem relates to the 'net public area' of the restaurants involved. There appears to be an increase in 'net public area' from the amount approved by Council in 1984. This increase represents a potential intensification of use which, if it had been approved in 1984, would have tipped the Traffic Phasing Ordinance. It does not appear that Council has ever formally approved such an increase in 'net public area,' and that the owners have done so without authorization. "The Newport Heights Community Association requests a traffic study which analyzes the increase in traffic from such an increase in 'net public area,' and also the possible increase in traffic from two restaurants operating simultaneously in the PM peak hour. "The current requests, Use Permit • No. 3086 (Amended) and Use Permit No. 3409, include two restaurants with a combined 'net public area' of 9,506 sq. ft., an increase of 1,678 'sq. ft. from the original approval in 1984. TY-1 Ac n --- Iet CITY OF NEWPORT BEACH May 28, 1991 ROLL CRLL N Volume 45 - Page 157 MINUTES U/P 3086(A) U/P 3409 "The Newport Heights Community Association would also like to know if anything can be done about the eaves from this building which stick out and obstruct the view of the bay from Cliff Drive Park, • west side. This building has been in contention from its inception because of the view blockage. Recently, the roof caught on fire, damaging the eaves. The Association would appreciation Council's consideration in asking that the eaves be removed in order to improve the bay views from the park." In response to the above letter, the Planning Director reported that this particular building configuration was originally approved in 1984, and a traffic study was done at that time which allowed for a restaurant on the second and third floors. Subsequent to that original approval, there was an amendment to the Use Permit which was processed in January and March, 1988. At that time, the deck on the third floor was included in the calculation of the restaurant square footage for the building. It was also at that time that an amendment was processed to allow an increase in the size of the group as to live entertainment and dancing for the third floor restaurant. The expansion which occurred between 1984 and 1988 • would have been an enlargement which would have been permitted under the City's Traffic Phasing laws as they existed at that time. The language contained in the current Traffic Phasing Ordinance is now different. As to intensification of use, he felt that the John Dominis restaurant has not been operating at peak performance due to the vacancy factor in the building. Council Member Hart requested that the applicant look into ways to make the establishment more easily accessible. She also commented that if the request is approved, she would like to have the use reviewed in six months by the Planning Commission. Mr. King replied that the applicant has no objection to the six months review. In concluding his remarks, he stated that regarding intensification of use, the staff count will remain the same; parking for employees will be policed; occupant load for the building remains the same; and no additional square footage is being requested. Hearing no one else wishing to address the Council, the public hearing was closed. Volume 45 - Page 157 MINUTES U/P 3086(A) U/P 3409 COUNCIL MEMBERS MINUTES 19 54 Motion x Council Member Hart stated she felt it U/P 3086(A) was incumbent upon the applicant to U/P 3409 self- monitor this project, and inasmuch as some of the businesses in Mariners Mile are not doing so well, she felt the Council should give the proposal a try; • and therefore, she moved to approve the subject requests, with Findings and Conditions of Approval designated as Exhibit "A," subject to the added Conditions that 1) the off -site parking lot located at Riverside Avenue and Avon Street shall be signed in such a way to identify it as the required parking location ;for the employees of the two restaurants; and 2) that the Planning Commission review this project as to use and noise six months from this date. Council Member Watt stated she will not support the motion as she felt the nature of the proposal, as well as enforcement, was not in the best interest of the City. Ayes x x x x x x The motion was voted on and carried. Noes x 2. Mayor Sansone opened the public hearing Fire /Weed regarding WEED ABATEMENT PROGRAM FOR Abatement 1991; AND TO CERTIFY THE ]LIST OF (41) PROPERTIES THAT MAY REQUIRE WEED ABATEMENT AND /OR CLOG. • Recycled report dated May 13, 1991. The City Manager reported that the Fire Department has compiled a list of all lots in the City in need of weed abatement; the property owners have been notified of the work; and that now is the time for those property owners to voice their objections, if any. Mayor Sansone directed the staff to investigate the southwest corner of Goldenrod and Pacific Coast Highway for possible weed abatement. Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Resolution No. Res 91 -53 All Ayes 91 -53 ordering the Fire Chief to abate weeds and other public nuisances existing upon streets, alleys, sidewalk, parkways and private property within the City. 3. Mayor Sansone opened the public hearing U/P 1889 on a request of the City Council to (88) review USE PERMIT NO. 1889, which permitted the construction of 2, two- Story buildings for a mixture of retail, office and light manufacturing uses on property located in the "Recreational and Marine Commercial" area of the Mariner's Mile Specific Plan Area. Said approval also included a modification to the Zoning Code so as to allow the use of compact parking spaces for a portion of the required off - street parking. The proposed review involves consideration 11- 1..w.e AS _ 9as ice - ..6.. -� v- a r a • CITY OF NEWPORT BEACH May 28, 1991 of the appropriateness of boat chartering activities on the subject property and the effect such activity has on the operation of the boat repair facility on the same site; Cam] USS PERMIT NO. 3412, being a request of PACIFIC AVALON MARINE, INC., to permit the establishment of a commercial wedding chapel /public assembly use in conjunction with an existing boat chartering operation on property located in the "Recreational and Marine Commercial" area of the Mariners Mile Specific Plan Area. The proposal also includes a request to approve an off - site parking agreement so as to allow a portion of the required off - street parking to be provided on property located behind property located at 2434 West Coast Highway (Sonship Christian Bookstore). Property located at 2701- 2703 West Coast Highway, on the southerly side of West Coast Highway, between Riverside Avenue and Tustin Avenue, in the Mariners Mile Specific Plan Area. Report from the Planning Department. The City Manager advised that the Planning Commission on April 18, 1991, approved both of the subject applications. Previously, Use Permit No. 1889 was reviewed at the request of the City Council to determine the compatibility of the shipyard with the charter boat operation, and inadvertently it was found that the property was being used for a wedding chapel /assembly area. As a result, the applicants have now applied for a use permit which is now under consideration. The Planning Commission made the determination that the boat chartering operation is appropriate on -site, and that the provisions under Chapter 5.18 or 17.41 of the Municipal Code are adequate to regulate the boat chartering facility. However, the Commission did suggest some additional Conditions of Approval for Use Permit No. 1889 which are enumerated in the staff report. In addition, as referenced in the April 4, 1991 Planning Commission report, staff had originally recommended the applicant obtain the approval of a formal off -site parking agreement by the City, inasmuch as the off - street parking requirement for the wedding chapel /public assembly use could not be fully satisfied by the available on -site parking spaces. However, since the applicant for Use Permit No. 3412 has reduced the proposed floor area of the wedding chapel /public assembly use from 2,187 sq. ft. to Volume 45 - Page 159 MINUTES U/P 3412 • • • CITY OF NEWPORT BEACH May 28, 1991 approximately 805 sq. ft., there is adequate am -site parking to provide the required 24 parking spaces after 6:00 p.m., Monday through Friday, and on Saturdays, Sundays and holidays. Therefore, should the City Council desire to approve Use Permit No. 3412, such action would no longer require the approval of an off -site parking agreement. Ted Robinson, applicant, addressed the Council and reviewed some history connected with the subject property. He stated that once the new dock is built, there should not be any conflict. There is also no conflict with respect to parking because the charter operation does not operate the same hours as the shipyard. Council Member Hart commented there is a concern as to what is going to be happening with charter boats throughout the harbor. The City Council has a very special interest in protecting and preserving what it can of the boat yards in the City, and are looking at the feasibility at some point in time of placing an overlay zone on boat yards. The City Council is also concerned about the charter business relative to whether or not the City's ordinances are adequate to regulate such operations. With respect to the subject proposal, she indicated that her objection was the wedding chapel itself. Even though the boat yard will be closed when the wedding chapel is in use, she has reservations as to its compatibility with the boat yard. Roy King, co -owner of Pacific Avalon Marine, addressed the Council in support of the request. He stated that they have been in operation for 3 1/2 years at the present location and have never been involved in a lawsuit resulting from their operation. He stated that prior to going to Waterfront Homes for the one -year lease for off -site parking, the cost was much less, but when it was known that parking was required by the City, Waterfront Homes raised the amount. He stated it is their desire to get the people off the street and into a gathering area prior to a wedding or boarding the vessel. They do not cook in the area; however, food is served that is prearranged or catered. Alcoholic beverages are not served in the gathering area. He also commented that they spend a great deal of time "fighting off" people who want to park in their area because of inadequate on- site parking in the vicinity. The City Manager commented that the City did permit off -site parking permits in the subject area; however, approximately three years ago, the City no longer issued those permits because it wanted to reserve those parking spaces in the event parking was removed from Pacific Coast Highway should it be widened. Volume 45 - Page 160 MINUTES /P 1889 /P 3412 COUNCIL :,I; • • Motion •o n urirr� x X CITY OF NEWPORT BEACH May 28, 1991 At the request of Council, Glen Everroad, Business License Supervisor, explained charter operations in general. He stated there are two levels of regulations for marine charter activities: 1) the Commercial Harbor Activities permit which is issued to fixed -base charter operations under Section 17.41 of the Municipal Code and is administered by the Marine Department; and 2) the Special Events Charter permit which is issued for a charter operation on a charter -by- charter basis, pursuant to Section 5.18 of the Municipal Code by the License Division. The applicant applying for a permit through the License Division must supply information including the date, time, number of passengers, where those passengers will be boarded, and where those passengers will park. On a case - by -case basis, the License Division determines that there is adequate parking for each charter they permit. In response to question raised by Council Member Hart regarding the differences between licenses and permits, he stated that licenses are required for all businesses and are a revenue function only. Permits are required for business activities, including charter operations, that the City regulates. With respect to off - street parking for Commercial Harbor permitees, the Marine Department does require continual off - street parking. While Special Event Charter permittess are not required to secure annual off - street parking agreements, some of the Special Event Charter operators permitted by the License Division do secure a year -to- year lease because it facilitates their needs. They are only required to evidence to the City that on the date they intend tc conduct a particular charter, they have adequate off - street parking to accommodate the number of guests they have on that charter. Pacific Avalon Marine, Inc., has a City Business License that reflects they have paid a tax to operate a business in the City, and they have secured, on a charter -by- charter basis, a Marine Charter Permit pursuant to Section 5.18 of the Municipal Code. Hearing no others wishing to address the Council, the public hearing was closed. Following consideration, motion was made to sustain the decision of the Planning Commission with the modification that the site can be used for public, assembly, but not for a wedding chapel. Council Member Cox indicated he did not see the difference between the two uses, and therefore made s substitute motion to sustain the decision of the Planning Commission. Volume 45 - Page 161 MINUTES i u:a U/P 1889 U/P 3412 r i g a c a•� sT. • All Ayes • W, CITY OF NEWPORT BEACH May 28, 1991 The City Attorney recommended that an additional condition of approval be added which states that "charter activities shall be conducted in accordance with the provisions of Chapter 5.18 or 17.41 of the Municipal Code, whichever is applicable. The maker of the substitute motion consented to the above, and the motion was voted on and carried. There being no objections, Mayor Sansone directed the Off- Street Parking Committee to review alternative methods for increasing the City's revenue on all City -owned parking lots. 4. Mayor Sansone opened the public hearing and City Council review regarding MODIFICATION NO. 3810. A request of GIL AND ANITA FERGUSON to permit the as- built construction of a carport which is 7 feet 10 inches wide and 15 feet deep, where the Zoning Code requires a width of 8 feet and a depth of 16 feet, clear inside dimensions, for the third parking space. Property located at 300 Sapphire Avenue, on the northeasterly corner of Sapphire Avenue and Balboa Avenue, on Balboa Island. Report from the Planning Department. The City Clerk reported that after the agenda was printed, a letter was received in favor of the request from Bettie J. Banto, 226 Sapphire Avenue. It was noted that the Planning Commission on April 4, 1991, recommended approval of the subject Modification. It was the determination of a majority of the Commissioners that the size of the as -built parking space was adequate to accommodate a vehicle. The applicant submitted photographs to the Commission which indicated a full -sized automobile parked in the subject parking space. If the requested Modification is approved, staff recommended that the following Condition of Approval be added to Exhibit "A" of the Planning Commission staff report dated April 4, 1991: Condition No. 6 - That the brick Roof of the parking space be raised in front of the entry patio in such a manner that only one fl- inch high step is required by the Uniform Building Code. Gil Ferguson, Applicant, 300 Sapphire Avenue, addressed the Council in support of his request and referenced his letter dated May 28, 1991. He reviewed the history connected with his project; stated he has complied with all City regulations and constructed his home exactly as shown on his plans which were submitted to the City and Coastal Commission. He cited the incident which took place the day the curb cut on Volume 45 - Page 162 MINUTES 3810 (94) COUNCIL METERS ROLL CRLL \ • • CITY OF NEWPORT BEACH May 28, 1991 Balboa Avenue was to be installed and the inspector red- tagged the curb cut because the carport was not the required length. He stated the sidewalk in front of his home has been torn up since November, and had he known the measurements were incorrect for the carport, lie would have had the plans changed accordingly. He also expressed concern that the error was not caught before the structure was built, and stated the staff refused to accept any responsibility for the small error which was just as much their fault as his own. In addition, the staff used measurements that did not reflect the true facts. He submitted a photograph of an automobile parked in the carport area on the property; stated he had a petition with over 25 residents in his immediate area who have no objections to his request; and urged the Council to sustain the decision of the Planning Commission. Don DuBose, 909 Ruby Avenue, addressed the Council in support of Mr. Ferguson's request. He stated the desire to have three off - street parking spaces has been accomplished; it's a very safe situation; the structure is very beautiful and an asset to the area; and he felt the City owed Mr. Ferguson approval of his Modification because his intentions were proper. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Watt read into the record the following prepared statement expressing; her concerns on this issue: "I am going to make a motion to overrule the decision of the Planning Commission. I have not discussed this with other people; it's a very sensitive issue, and to some degree, a philosophical issue when it comes down to judging an as -built situation. For me, this does not have to do with politics or personalities, but it does have to do with planning, and the policies of the City, particularly on Balboa Island. Owners on Balboa Island come and go, and she has been involved with that Island since 1931. "In working with the staff, Modifications Committee, and Planning Commission, I have to try and be consistent, to try and have some convictions, and to try and have some understanding of what the City policies really mean. In this particular case, the limits with respect to parking were set at a minimum standard in order to protect both the public and private property rights. 'Minimum' has to be viewed according to circumstances, and if the subject space abutted an open walkway, Volume 45 - Page 163 MINUTES 10 w;-_" • Motion x Motion x *n CITY OF NEWPORT BEACH X May 28, 1991 circumstances might be different, or if this space was not, in fact, a part of the patio which is prominently seen from the living quarters of the house, circumstances might be different. As it is, the 'minimum' of 8 x 16 still leaves the question of how many times the occupants would choose to park a car in that spot. "Since we are now faced with judging an 'as built' situation, it becomes somewhat philosophical. Shall we stretch our normal good judgment out of shape to allow 'as built' construction in order to accommodate the applicant when I feel it is a detriment to the public? I don't believe the appropriate findings can be made and I believe it is appropriate to expect the applicant to have built in accordance with prior conditions. At the very least, this is a questionable parking space and the homeowner could be expected to do everything possible to make it work. Instead, when this project went through the permitting process, there were steps into the house which interfered with parking, there was a gate that interfered with parking, and it seems unlikely that a vehicle would be parked there on a regular basis. In addition, as a result of the curb cut and driveway opening, a street parking space is, in effect, reserved for this house. "My thoughts on this issue are that it is up to the applicant to submit correct plans and know what the dimensions are and how they will function. From my own experience and observations of others, most people are painfully aware of the exact dimensions of rooms and how they will function. " In view of the foregoing remarks, Council Member Watt moved to overrule the decision of the Planning Commission and deny Modification Mo. 3810, based on the Findings for denial designated as Exhibit "B" in the staff report. Following discussion, substitute motion was made to sustain the decision of the Planning Commission, with the added Condition of Approval Mo. 6 as outlined In the staff report. Council Member Plummer made a second substitute motion to sustain the decision of the Planning Commission with the deletion of the requirement for a third parking space, replacing said space with curb which will in essence provide an on- street parking space. Volume 45 - Page 164 MINUTES 3810 ication NM lJ Ayes Noes Ayes Noes • • XI I x CITY OF NEWPORT BEACH X x May 28, 1991 Council Member Hart commented "that the extra parking space, as the applicant so well knows, would not even be needed if the house were a single - family dwelling. I know down deep that Mr. Ferguson really would want me to uphold City laws. A duplex needs three parking spaces and minimum parking is not what you would net. I was going to step down this evening from a possible conceived bias, but Mr. Ferguson has challenged me to uphold the City laws." The City Attorney advised that after studying the revisions to the Municipal Code, it was found that if there is no increase of habitable space proposed in conjunction with the remodel, the Modification can be granted and it need not be conditioned upon the provision of an additional parking space. If habitable space were added to the structure as part of the remodel, then a Variance would be required as opposed to a Modification, if the remodel was to go ahead without the construction of the required parking space. After further consideration and comments, the second substitute motion was voted on and FAILED. The original substitute motion made by Council Member Turner was voted on and carried. MINUTES fflffl�*l Modification 3810 Mayor Sansone opened the public hearing Towing /Ofcl to consider BEQUEST FOR RATE INCREASE BY Police THE OFFICIAL POLICE TOW TRUCE OPERATORS G & W /HaYUUL (G & W TOWING AND HARBOR TOWING). (70) pursuant to Section 5.13.140 of the Newport Beach Municipal Code. Report from Business License Supervisor. The City Manager advised that the two official Police tow companies, G & W Towing, Inc., and Harbor Towing, have submitted requests to increase the rates charged for both their official Police tow and private towing operations. They have also requested a revision to Municipal Code Section 5.13.170(F), which establishes the rate for disconnecting and releasing a vehicle prior to it being towed for nonpolice responses. The rate increases represent an average increase of 5.07% over existing rates. Rates for these two companies were last established in June, 1990. The Police Department has reviewed the requested rate increases and has indicated their approval. Wayne Miller of G & W Towing, and Robert Coleman of Harbor Towing, addressed the Council in support of their request. They indicated that their rates are 50% lower than what is being charged by the Highway Patrol, and 30% lower than those charged in southern Orange County where the towing companies are newer. They are just trying to "keep -in -step" with the cost of living. Vole 45 - Page 165 Motion All Ayes • Motion All Ayes • X X CITY OF NEWPORT BEACH May 28, 1991 Hearing no others wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 91 -54 approving rate increase by the Official Tow Truck Operators, subject to conditions in the staff report; and to authorize the staff to prepare an amendment to the Municipal Code Section 5.13.170(F) to coincide with Vehicle Code Section 22658(h) as outlined in the staff report. At the request of Council Member Hedges, staff was directed in the future, to furnish copies of the respective towing companiesv financial statements in the agenda packets, as well as the current rates being charged in other Orange County cities. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR Pass to 2nd reading on June 10, 1991: (a) Proposed ORDINANCE NO. 91 -22, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 12.57.020, 12.57.025, AMD 12.57.027 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SEATE- BOARDING AND ROLLERSEATIMG REGULATIONS. [Report from the Assistant City Attorney] (b) Proposed ORDINANCE NO. 91 -23, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A SPECIAL FUND TO RECEIVE REVENUE DISBURSED BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AND REMITTED TO THE CITY OF NEWPORT BEACH FOR THE PURPOSE OF IMPLEMENTING PROGRAMS TO REDUCE AIR POLLUTION FROM MOTOR VEHICLES. [Report from the Planning Department w /Supplemental Report] Volume 45 - Page 166 "■II::11 iz9 91 -54 Ord 91 -22 Veh /Trfc Skatebrdg/ Rollersktg (85) Ord 91 -23 SoCstAQMD/ Spcl Fnd (85) CITY OF NEWP0RT BEACH COUNCIL MEMBERS ROLL s ` May 28, 1991 • • Schedule for public hearing on June 10, 1991: (c) Proposed ORDINANCE NO. 91 -24, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE SANTA ANA HEIGHTS SPECIFIC PLAN DISTRICT LAND USE PLAN SO AS TO RECLASSIFY THE PROPERTIES NORTHWESTERLY OF THE ADOPTED ALIGNMENT FOR BIRCH STRUT/MESA. DRIVE IN SANTA ANA HEIGHTS, FROM THE R -1 (19,800) DISTRICT TO THE BUSINESS PARR DISTRICT. PROPERTY LOCATED AT 2001, 2011, 2031, AND 2041 MESA DRIVE, ON THE NORTHEASTERLY SIDE OF MESA DRIVE, BETWEEN ACACIA STREET AND BIRCH STREET, IN SANTA ANA HEIGHTS. (PLANNING COMMISSION AMENDMENT NO. 732) [Report from the Planning Department]. (d) Proposed ORDINANCE NO. 91 -25, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE MUNICIPAL CODE SO AS TO PERNIT ADDITIONAL USES TO THE MARINERS MILE, CANNERY VILLAGE/MCFADDEN SQUARE. AND NEWPORT SHORES SPECIFIC AREA PLANS. (PLANNING COMMISSION AMENDMENT NO. 733) [Report from the Planning Department]. 2. RESOLUTIONS FOR ADOPTION: (a) Removed from the Consent Calendar (ref r to agenda item G.1 for un Cocil action) . (b) Resolution No. 91 -56 endorsing the REGIONAL FUNDING PROGRAM CONSISTENCY AND ELIGIBILITY CRITERIA APPROVED BY THE ORANGE COUNTY DIVISION OF THE LEAGUE OF CALIFORNIA CITIES; and attesting that the City has made no unilateral reduction in lanes on any MEASURE ^N" NASTER PLAN OF ARTERIAL HIGHWAYS (NPAH) CONSISTENCY REQUIREMENT. [Report from the Public Works Department w /letter from Orange County Division /League of California Cities] 3. CONTRACTS /AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute Agreement Transferring MARINAPABB MOBILEHONE SPACE 4 -C from Arthur F. and Daphne Elliott. Volume 45 - Page 167 MINUTES ra_, Ord 91 -24 SAHghts SPD /LUP Zoning (94) PCA 732 Ord 91 -25 Zoning (94) PCA 733 PW /MstrPln ArtHwys Res 91 -56 (74) Marinapark MH Sp 4 -C C -2865 (38) CITY OF NEWPORT BEACH May 28, 1991 MINUTES (b) Award Contract No. 2727 to Raymor Lido Is St Electric Company, Inc., for Light Rplcm STREET $748,800 for LIDO ISLE C -2727 LIGHT REPLACEMENT, and authorize (38) the Mayor and City Clerk to execute subject contract. [Report ® from the Public Works Department] (c) Authorise the Mayor and City Clerk NptBl Wdng/ to execute Amendment No. 2 to 32nd St /PCH Contract 2642 -C NEWPORT BOULEVARD Amnd #2 WIDENING, 32ND STREET TO COAST C- 2642 -C HIGHWAY - Agreement with CalTrans for funding reabandonment of oil (38) well and approve Budget Amendment for $200,000. [Report from the Public Works Department] (d) Authorize the Mayor and City Clark Carnation to execute Cooperative Agreement Coves Bch/ No. D89 -076 with the County of OCHrbr Orange/Harbor, Beaches and Parks (Contract No. 2745 -A for CARNATION C- 2745 -A COVES BEACH REPLENISHMENT) (38) [Report from the Public Works Department] (e) Approve a Reimbursement Agreement 0/C Sanitn with the Orange County Sanitation Dist /PCH District to CONSTRUCT MEDIANS Medians ALONG PACIFIC COAST HIGHWAY IN CORONA DEL MAR; and authorize the C -2843 Mayor. and City Clerk to execute (38) subject agreement. [Report from the Public Works Department] • (f) Authorize the Mayor and City Clerk 0/C Health to approve renewal of Contract Sery Agm/ 1802 - ORANGE COUNTY HEALTH OCHCare Agcy SERVICE AGREEMENT/ORANGE COUNTY C -1802 ' HEALTH CARE AGENCY. [Report from Business License Supervisor] (38) 4. COMMUNICATIONS - For referral as indicated: (a) To Police Department for response, PD letter from the Lido Sands (70) Community Association concerning City's policy for ACCESS RESTRICTIONS DURING FOURTH OF JULY HOLIDAY placed upon residents of Lido Sands Community and the adjacent areas. (b) To Utilities Department for Utilities inclusion in the records, letter (89) of commendation from Mr. and Mrs. C. W. Masters concerning CITY EMPLOYEES Ron Risley and Mark Mahon. (c) To Parks, Beaches and Recreation PB&R for response, letter from Total (62) Property Management concerning • NEWPORT BEACH TOWNHONES HOMEOWNERS ASSOCIATION BASKETBALL COURT INSTALLED AT CHANNEL PARE. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. Volume 45 - Page 168 r i � is is a•.. ROLL CRLL \ • 0 • CITY OF NEWPORT BEACH May 28, 1991 6. CLAIMS FOR DAMAGES - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) David Michael Betts alleging personal injuries to his wrist as a result of excessive force by City Police Officers when arrested on February 27, 1991. (b) Janice Dianne Kansan alleging personal injuries, mental distress, pain and suffering, etc., as a result of being arrested on February 4 and 14, 1991 at the City Police Department. (c) Alice B. Lewis alleging nylon car cover stolen from her vehicle while parked in lot for three days when she returned from Mexico with Oasis travel, group on May 2, 1991. (d) Orange County Transit District alleging City Police vehicle hit bus on Balboa Boulevard on April 1, 1991. (e) Debra Quigley alleging damage to her vehicle as a result of collision on May 8, 1991 with the Police Department, while pulling out of parking space at 369 E. 17th Street. (f) Jean Schwalbe alleging tree roots from City trees continue to grow under sidewalk walkway leading to ramp for wheelchair at 2860 Alta Vista Drive, making this walkway hazardous. (g) Nancy E. Stoller alleging property damage as a result of major break in sewer line at 100 Via Florence and Via Lido Soud on April 11, 1991. For rejection: (h) Late Claim of James Reilly seeking reimbursement of $141 for Hoag Hospital examination after fly larvae appeared in his City water supply in July 1989. 7. SUMMONS AND COMPLAINTS - For denial and confirmation of the City Clerk's referral to the claims adjuster: (a) Shirley Jordan for damages, Orange County Superior Court Case No. 64- 97-49. Claim was denied by the City Council on August 13, 1991. (b) Tracey A. Me1ng1n, Orange County Superior Court, Case 652908. Claim was denied by the City Council on November 13, 1990. Volume 45 - Page 169 MINUTES (36) is IKausen ILewis 0/C Trnst Dist Quigley Schwalbe Stoller Reilly (36) Jordan Melugin ROLL CRLL • • • CITY OF NEWPORT BEACH �f May 28, 1991 (c) David Wintle, Maggie Wintle, Nell Kepner and Nancy Chagollan for personal injuries and property damage, Orange County Superior Court, Case No. 657473. B. REQUEST TO APPROVE/FILL PERSONNEL VACANCIES: (Report from the City Manager) (a) One Utilities Specialist II, Utilities Department. (b) One Recreation Coordinator, Sr. Citizens Division, Parks, Beaches and Recreation Department. (c) One Building Maintenance Worker I, Sr. Citizens Division, Parks, Beaches and Recreation Department. 9. STAFF AND COMMISSION REPORTS - For City Council information and filing: (a) Report to the City Manager regarding ACTIONS TAKEN BY THE PLANNING COMMISSION AT THE MEETING OF MAY 9, 1991. 10. PUBLIC HEARING SCHEDULING - June 10, 1991: (a) GENERAL PLAN ANENDMENT N0. 89 -2(A) - A request to amend the Land Use Element of the General Plan so as to redesignate properties northwesterly of the adopted alignment for Birch Street/Mesa Drive in Santa Ana Heights, from Single- Family Detached to Administrative, Professional and Financial Commercial and to establish floor area limits consistent with the Business Park uses in the Santa Ana Heights Specific Plan Area. [Refer to report w /agenda item F -1(c)] (b) CONSTRUCTION OF SIDEWALK ON THE EASTERLY SIDE OF 10TH STREET BETWEEN ALLEY 245 G AND BALBOA BOULEVARD ADJACENT TO 934 WEST BALBOA BOULEVARD - Direct staff to use the procedure of "Chapter 27 of the Improvement Act of 1911;" and set public hearing for 7:00 p.m. on June 10, 1991 to hear protests from anyone who does not desire subject improvements. [Report from the Public Works Department] (c) APPEAL APPLICATION OF JOE PORTO FOR USE PERMIT NO. 1995(A). (d) APPEAL APPLICATION OF KAN FOY YEE FOR MODIFICATION NO. 3840. 11. 121 AGATE STREET, BALBOA ISLAND, CONDOMINIUM DEVELOPMENT - Approve a Construction and Maintenance Agreement for Nonstandard Improvements for FIRE SERVICE and its connecting piping; and authorize the Mayor and City Clerk to Volume 45 - Page 170 MINUTES rai Wintle/ Kepner/ Chagollan (66) Planning (68) GPA 89 -2(A) (45) Cnstr Sdwlk, Bal Bl /10th (74) U/P 1995(A) (88) Modif irat-1. 3840 (94) Permit /121 Agate St (65) omr - is-c�r� CITY OF NEWPORT BEACH May 28, 1991 • 12. 13. 14. 15. • 16. 17. • execute subject agreement and direct City Clerk to have Orange County Recorder record subject agreement. [Report from the Utilities Director] BACK BAY DRIVE DRAINAGE CONTAINMENT NEAR EASTBLUFF DRIVE AND CORONA DEL MAR SIDEWALK REPLACEMENT (C -2779) - Accept completion of the contract; 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] 1990 -91 STREET MISCELLANEOUS RECONSTRUCTION AND RESURFACING PROGRAM (C -2810) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 A.M. on June 14, 1991. [Report from the Public Works Department] 1990 -91 SEWER NA IH REPLACEMENT PROGRAM (Contract No. 2831) - Approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m. June 27, 1991. [Report from the Public Works Department] USE PERMIT PO. 3342 ( Resubdivision No. 811) - Approve an agreement guaranteeing completion of the public improvements required with Use Permit No. 3342 and Resubdivis.ion No. 811 located at 3901 East Coast Highway, on the southeasterly corner of East Coast Highway and Hazel Drive, Corona del Mar; and authorize the Mayor and the City Clerk to execute the agreement. [Report from the Public Works Department] RESUBDIVISION NO. 688 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 688, located at 3101 East Coast Highway on the southerly side of West Coast Highway between Newport Boulevard and Riverside Avenue, in the Mariners Mile Specific Plan Area; authorize the City Clerk to release the Faithful Performance Bond (Bond No. 71168 -25) and release the Labor and Materials Bond (Bond No. 71168 -25) in six months; provided no claims have been filed. [Report from the Public Works Department] ENCROACHMENT AGREffiKENP FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE PUBLIC UTILITY AND ACCESS EASEMENT SERVING LOT 184 OF TRACT NO. 2813, ALSO KNOWN AS 411 AVOCADO AVENUE, CORONA DEL. MAR - Approve. an Encroachment Agreement permitting the construction of textured concrete paving, turf block, catch basin and access gates within the public utility and access easement located adjacent to 411 Avocado Avenue; Volume 45 - Page 171 110A-Ii-9 Bay Dr Lg Cntnm/ blf /CdM ,lk Rplcm (38) '90 -91 St Aisc Rcnstr Rsfrcg Prg C -2810 (38) '90 -91 Swr Mn Rplcm Prg C -2831 (38) U/P 3342/ Resub 811 (88) Resub 688 (84) Permit /Encr 411 n oe = == (65) • • • �f CITY OF NEWPORT BEACH MINUTES May 28, 1991 authorize the Mayor and the City Clerk to execute the agreement; and direct the City Clerk to have the agreement recorded with the Orange County Recorder. [Report from the Public Works Department] 18. SPECIAL EVENTS APPLICATIONS - Uphold Bus Lic/ staff's recommendation to approve the Special Evnt following applications, subject to (27) conditions listed in the staff report. (Report from Business License Supervisor) (a) Application No. 91 -111 of Apli 91 -111 Christina Sink and Michael Lowe for the use of amplified sound for their wedding at Grant Howald Park on 6/08/91, from 6:00 to 8:00 PM. (b) Application No. 91 -114 of Apli 91 -114 Pacific Public Radio for the use of amplified sound for their jazz concert at the Hyatt Newporter Hotel on June 1 and 2 from 8:30 to 11:30 PM. (c) Application No. 91 -123 of MacFadden Square Improve- ment Association for the use of amplified sound for their dedication of McFadden Square at the base of the Newport Pier on June 18, from 5:00 to 7:00 PH. (d) Application No. 91 -151 of Newport Beach Lifeguard Association for the use of the public beach for their 2 mile ocean swimming race at the base of Balboa 6 Newport Piers on July 6, from 9:00 AM to noon. Apli 91 -123 Apli 91 -151 (e) Application No. 91 -157 of Apli 91 -157 Julie Ledwick & James Phillips for the use of amplified sound for their wedding at Lookout Point on June 9, from 2:00 to 4:00 PH. (f) Application No. 91 -171 of Apli 91 -171 Sherman Library 6 Gardens for the use of amplified sound for their 25th Anniversary Party at 2647 E. Coast Highway on July 27 from 6:00 to 11:00 PM. (g) Application No. 91 -175 of Big Canyon Country Club for a fireworks display for their 4th of July fireworks celebrations at the first and ninth fairways of the Big Canyon Golf Course on July 4 from 9:00 to 10:00 PH. Volume 45 - Page 172 Apli 91 -175 .� . A • Motion All Ayes x CITY OF NEWPORT BEACH May 28, 1991 19. CITY COUNCIL TRAVEL AUTHORIZATION AND EXPENSE RECORD - Approve subject expense for Council Member Ruthelyn Plummer for $850.87 to attend the Offshore Oil meeting in Washington, D.C., from April 27 - May 1, 1991. 20. COMMERCIAL HARBOR PEEMIT APPLICATION APPEAL FROM PACIFIC ADVENTURE CHARTERS /504 SOUTH BAY FRONT - Refer to Tidelands Affairs Committee for report back. [Appeal letter w/Marine Director's letter of denial and findings] 21. BUDGET AMLNDHENTS - For approval: BA -041, $2,055 - Transfer in Budget Appropriations for special refuse collection for Balboa Island; General Services - Refuse Fund. [Report from General Services Director w /Balboa Island Improvement Association request] BA -042, $960 - Transfer in Budget Appropriations for special refuse collection for Jasmine Creek Community Association; General Services- Refuse Fund. [Report from General Services Director w /Jasmine Creek Community Association request] BA -043, $200,000 - Decrease in Unappropriated Surplus and Increase in Budget Appropriations for Newport Boulevard Widening, 32nd Street to Coast Highway - Amended Agreement with CalTrans to reabandon oil well (Contract No. 2642 -C); Circulation /Transportation Fund. [Refer to report w /agenda item F- 3(c)] G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Report from the Utilities Director recommending adoption of proposed resolution setting the WATER CONSERVATION RATE at 80% of the Base Year; requiring a cutback in water use of 208. Council Member Hedges referenced the subject document and commented that he wished to emphasize to the public that the City has been on a 20% water consumption cutback with associated penalties, and that the water drought in California is still "very much alive," and made a motion to adopt Resolution No. 91 -55. H. ORDINANCES FOR ADOPTION: 1. Proposed ORDINANCE NO. 91 -20, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.12.090 TO THE NEWPORT BEACH MUNICIPAL CODE TO INCREASE THE BASIC WATER QIIANTITY RATE AT $1.18 PER HUNDRED CUBIC FEET. Volume 45 - Page 173 MINUTES Cncl Trvl Auth /Expns (33) Cmcl Harbor Permit Appeal Apl 504 S Bay Front (51) (40) GS (44) GS (44) Utilities Wtr Cnsrvtn (89) Res 91 -55 Ord 91 -20 Basic Wtr Qnty Rate (89) CITY OF NEWP0RT BEACH Motion • 13 Motion x Ayes x x x Noes x x x x 4DAyes Motion All Ayes • x Informational Addendum from the Utilities Director, together with recycled report of May 13, 1991. Motion was made to adopt Ordinanca No. 91 -20. Council Member Hedges reiterated some of his comments made at the May 13, 1991 City Council meeting as set forth in his memorandum dated that date. He stated that in order to hold the rate increase down from $1.24, which is the rate it would be otherwise, the Utilities Committee has elected to transfer $500,000 from its reserve account to keep the rate at $1.18. He stated he does not feel that this transfer is a sound idea, as good water policy requires that water be treated like any other scarce commodity in a free market. He felt a good water policy demands that the City 1st the water rate float for what the price of water is, and not transfer monies from a capital reserve account to "cushion the blow." He also felt that if the reserve account is to be used, he knows of improvements where the funds could be better spent. In view of the foregoing comments, Council Member Hedges made a substitute motion to adopt Ordinance No. 91 -20 with the basic *star quantity rate set at $1.24 per hundred cubic feet, which motion FAILED. The original motion as made by Council Member Hart was voted on and carried. 2. Proposed ORDINANCE NO. 91 -21, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SSECTION 14.25.065 OF THE NEWPORT BEACH MUNICIPAL CODE BY DECREASING THE SEWER USE CHARGE FOR CUSTOMERS PURCHASING WATER FROM THE CITY, INCREASING SERER USE CHARGE FOR CUSTOMERS NOT PURCHASING WATER FROM THE CITY, ESTABLISHING A WASTEVATER SURCHARGE ON CERTAIN NONIRRIGATION WATER METERS AND ESTABLISHING A SEWER CONSUMPTION CHARGE ON WATER DELIVERED BY THE CITY. Recycled report of May 13, 1991, from the Utilities Director. Motion was made to adopt Ordinanca No. 91 -21. I. CONTINUED BUSINESS: 1. Report from the Planning Department regarding the ANNUAL RENTAL VACANCY RATE SURVEY. Volume 45 - Page 174 MINUTES Ord 91 -21 Utilities Swr Use /Wst Wtr Srchrg (89) Planning/ Anul Rentl Vcncy Rt Srvy (68) AM Motion • Ayes x x x x Noes x Motion All Ayes x i x x CITY OF NE"ORT BEACH i x May 28, 1991 It was noted that the City's Condominium Ordinance requires the Council to establish the Rental Vacancy Rate each year. A minimum of 15% of the City's rental units are to be included in the survey. The survey discussed in this staff report was conducted for the month of April during May, 1991, and is the twelfth survey since the adoption of the Ordinance. At the direction of the City Council, staff has excluded mobile homes and single - family rentals from this survey since they are a portion of the rental housing stock that cannot be converted to condominiums. It was recommended the Council establish the vacancy rate at 4.908 (overall weighted vacancy rate). The Planning Director commented that last year, the survey included two large apartment complexes (Oakwood and Park Newport) which had a change in occupancy characteristics, and therefore the Council requested two vacancy rates, i.e., with and without the two projects. The survey this year was not done the same as last year, inasmuch as the circumstances are now different, and in essence, there should only be one recommended vacancy rate for consideration. Motion was made to establish the vacancy rate for 1991 at 4.908. Council Member Plummer requested that at a future study session, the condominium conversion ordinance be reviewed again with a look to some possible modifi- cations, to which there were no objections. The motion was voted on and carried. 2. HARBOR QUALITY CITIZENS ADVISORY COMMITTEE VACANCY. Motion was made to confirm (District 7) Council Member Cox's appointment of Richard Wood to fill the unexpired term of Mark S. Gaughan ending December 31, 1991. J. CURRENT BUSINESS: 1. Report from Public Works Department - Traffic Engineer concerning METERED PARKING ON 32ND STREET. Letter signed by Charles 0. Russell [Chuck's Barber Shop]; Evelyn Johnson (Evelyn's Barber Shop]; Mary Williams [The Latest Thing]; Jonella Tesone [Second Time Around] requesting consideration to restore the parking lot in front of City Hall. Copy of "]Letter to the Editor," from Charles 0. Russell [Chuck's Barber Shop]; and postcard from Kendrick Kinney objecting to parking being taken away from front of City Hall. Volume 45 - Page 175 MINUTES Anul Rentl Vcncy Rt Srvy Harbor Quality /CAC Parking/ 32nd St (85) • is Motion All Ayes • x CITY OF NEWPORT BEACH May 28, 1991 The City Clerk advised that after the agenda was printed, a letter was received from Jennifer I. Fishbein, opposing the planting of turf in front of City Hall. It was recommended by staff that six, noublue meters on the City Hall side be changed from a twelve hour limit to two hours. Four of the two hour meters on the southerly side of the street will be changed to one hour meters and another two will be changed to a 30 minute limit. In response to question raised by Council Member Plummer regarding parking spaces which were lost as a result of the Newport Boulevard widening, the Public Works Director stated that the Pavilion parking lot lost 11 or 12 spaces, but were made up when the parking lot was restriped. Of the 46 spaces in front of City Hall, those were made up by providing 34 additional spaces on 32nd Street and Villa Way and by providing 12 additional parking spaces. in the existing City Hall facility by allowing City vehicles to be used for car pooling. The following persons addressed the Council in support of replacing the parking in front of City Hall; restricting parking on 32nd Street to 1 -hour parking, and reinstating the loading zone on 32nd Street: Charles Russell, 432 -1/2 32nd Street (Chuck's barber shop) Kimberly Adkins, 406 32nd Street (gift and basket store) Mary Lou Williams, 406 32nd Street (gift and basket store) Barbara Shafer, 404 32nd Street (tile shop) Evelyn Johnson, 410 32nd Street (Evelyn's barber shop) Ton Trieu, 410 32nd Street (Elegant Nail Boutique) Jonella Tesons, 432 32nd Street (Second Time Around), submitted a letter with petition Following discussion, motion was made by Council Member Hedges to: 1) relocate all blue meters on 32nd Street to the 30th Street lot; 2) establish all one- hour meters on the south side of 32nd Street, with the exception of two meters which will be 30- minute meters; and 3) replace the loading zone on the south side of 32nd Street. In addition to the above, staff was directed to report back at a future study session, the feasibility of restoring parking (angle or parallel) in front of City Hall, including cost estimates, etc. Volume; 45 - Page 176 MINUTES Parking/ 32nd St �:© Motion All Ayes • Motion All Ayes • I I� J r CITY OF NEWPORT BEACH MINUTES �- -.-I -. _.. INDEX CAC tral boa SAP Hoc Cmte 91 -57 X 2. BICYCLE TRAILS CITIZENS ADVISORY COJUEETEE VACANCY. Motion was made to accept with regret the resignation of Jeremy D. Jacobson, and defer to June 10, 1991, (District 1) Council Member Hedges' appointment to fill the unexpired term ending December 31, 1991. 3. RESOLUTION ESTABLISHING THE CITY COUNCIL AD HOC COMMITTEE FOR THE CENTRAL BALBOA SPECIFIC AREA PLAN. Motion was made to adapt Resolution No. 91 -57,. and appoint Council Members Hedges and Plummer to the subject ad hoc committee. BT/ (24 Cen Bal Ad (24 Res Meeting adjourned at 10:45 p.m. * * * * * tk * * * * * * * The agenda for this meeting was posted on May 23, 1991 at 8:30 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. '�� Mayor � ATTEST: o City Clerk U $ �- -.-I -. _.. INDEX CAC tral boa SAP Hoc Cmte 91 -57