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HomeMy WebLinkAbout06/28/1993 - Regular MeetingPresent x x Excused Motion All Ayes Motion All Ayes III CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:00 P.M. DATE: June 28, 1993 An Employee of the Year Award was presented to Dorothy Palen in recognition of her retirement and 47 years of service to the City, as well as a formal Resolution of Commendation from Senator Marian Bergeson. Mayor Turner noted that Dorothy has never called in sick in her 47 years with the City, and also has never attended a City Council meeting. x I x I X I x I x I ROLL CALL x x Reading of Minutes of Special Meeting of June 7, 1993 and Regular Meeting of June 14, 1993, was waived, approved as written, and ordered filed. Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. PUBLIC HEARINGS 1. Mayor Turner opened the public hearing regarding Variance No. 1190 - Request to permit alterations and additions to an existing nonconforming duplex which exceeds the allowable gross structural area and maintains 3 parking spaces (where the Ordinance requires 4 on -site parking spaces) on property located in the R -2 District at 705- 705 -1/2 Jasmine Avenue, Corona del Mar. All of the proposed additions are to the rear dwelling unit and include: a storage area on the garage level; an enclosed direct access stairway from the garage to the dwelling; a new laundry room on the upper level; and a new entry on the lower level. Report from the Planning Department. The Planning Director noted that the applicant proposes to make additions to the rear unit of the property as follows: 209 sq. ft. for storage on the garage level; 16 sq. ft. to enclose a stairway from the garage to the rear dwelling unit; 70 sq. ft. for a new laundry room; and 28 sq. ft. for an entry on the lower level. The permitted floor area ratio for the building is 3,348 sq. ft.; the existing floor area ratio is 1.55 or 3,459 square feet, and with the proposed additions, the floor area ratio is 1.65. The Planning Director referenced previous construction on the property without the benefit of building, electrical and plumbing permits or proper inspections, and discussed a Land Use Agreement executed by the owners on August 9, 1991. He stated that the Planning Commission unanimously approved this request on May 20, 1993, in that they allowed the proposed construction to occur over the sewer easement, but required that it be either hinged or in some way made removable in the event the City would need to service the sewer Volume 47 - Page 169 MINUTES Variance No. 1190 (91) COUNCIL MEMBERS CRLL • Motion All Ayes CITY OF NEWPORT BEACH June 28, 1993 line within the easement. The Commission also allowed the applicant to build out to the 1.65 floor area ratio, with the stipulation that there be no more than 3,075 sq. ft. of living area for the two units and no more than 680 sq. ft. of garage and storage area. John Waters, Architect for the project, 747 W. Katella, Orange, addressed the Council in support of the request. He stated the applicant is making the proposed modifications so that he can live in the larger of the two units, and intends to satisfy all the problems created in the past with regard to City requirements, permits, etc. The applicant does not feel that any of the proposed additions will be detrimental to the neighborhood. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission, based on the Finding and Conditions of Approval for Variance No. 1190 designated as Exhibit "A" in the staff report, with the stipulation that special emphasis be placed on Condition No. 6 which references the removable walls in the sewer easement area. 2. Mayor Turner opened the public hearing regarding Use Permit No. 3493 - Request to permit the construction of a second dwelling unit (Granny Unit) on property located in the R -1 District at 310 E1 Modena Avenue in Newport Heights. Said proposal is submitted pursuant to Chapter 20.78 of the Municipal Code which permits a second dwelling unit on lots which permit only one dwelling unit, provided the second dwelling unit is intended for one or two persons who are 60 years of age or older. Report from the Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Vivian Malko, 2320 Cliff Drive, in opposition to the request. The Planning Director noted that this is a proposal to construct a 638 sq. ft. Granny Unit for the mother and uncle of the owners of the property; the proposal meets all the development standards for Granny Units, and was approved by a 5 -1 vote by the Planning Commission on May 6, 1993, with one Commissioner being absent. Max Feurberg, Applicant, addressed the Council in support of his request. He stated he had met with Council Member Evelyn Hart to go over the plans and to satisfy any concerns she may have had; he has lived on the property for 10 years and would like to construct one room each for his mother and uncle; he Volume 47 - Page 170 MINUTES Use Permit 3493 (88) wo ROLL Motion All Ayes • 0 x CITY OF NEUORT BEACH June 28, 1993 has no intentions of ever renting out the Granny Unit. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made to sustain the decision of the Planning Commission, based on the Findings and Conditions of Approval for Use Permit No. 3493 designated as Exhibit "A" in the staff report. Mayor Turner opened the public hearing regarding Modification No. 4056 - Request to permit the construction of a retaining wall and related glass guard wall with an overall height of 13 feet on property located in the R -1 -B District at 2815 Harbor View Drive in Harbor View Hills. The subject construction will encroach 19 feet into the required 20 foot front yard setback on the view side of the property. The applicant proposes to fill the area behind the proposed retaining wall, thereby creating a terraced yard area. Report from the Planning Department. The City Clerk advised that after the agenda was printed, six additional letters were received, i.e., two from Harbor View Hills Community Association and William Ginter, regarding the request; three in opposition from Mr. & Mrs. Jim Cunningham, Dr. Joseph Hart, and Newport Mesa Unified School District, and one letter from Joseph LePage, Applicant, listing eleven (11) property owners in support of the proposed project. It was noted in the staff report that at its meeting of February 2, 1993, the Modifications Committee unanimously recommended the denial of the applicant's request to construct the proposed retaining wall and related glass guard rail on the subject property. It was the opinion of the Modifications Committee that the proposal was a major encroachment that could be detrimental to the surrounding landscaped areas, and may obstruct views from adjoining residential properties. It was also the feeling of the Committee that the type of development proposed would be better suited by an application for all of the lots located above the Harbor View Elementary School site, if those corresponding property owners desired such a change to the existing slope. The applicant appealed that decision to the Planning Commission. On May 6, 1993, the Planning Commission unanimously recommended approval of Modification No. 4056, with the findings and subject to conditions of approval set forth in the staff report. It was the determination of the Commission that the proposed construction would not be Volume 47 - Page 171 MINUTES 4056 (94) COUNCIL MEMBERS 0 CITY OF NEWPORT BEACH June 28, 1993 detrimental to the surrounding area; it would not affect views from adjoining residential property, and that the proposed encroachment was a logical use of the property that would be precluded by strict application of the zoning requirements. It was also discussed that the Architectural Committee of the Harbor View Hills Community Association had approved the proposed project. James Person, representing the Applicant, addressed the Council in support of the request to construct an 11 foot retaining wall which encroaches 19 feet into what is actually the front yard setback. He stated that the purpose of the retaining wall is to give more utilization of the property. This proposal has received the approval of the Harbor View Hills Architectural Committee, as well as the Planning Commission. The Commission found that the proposed project did not affect the use of privacy and was a logical use of the property. With regard to the concerns of the Newport Mesa Unified School District, the applicant feels he can mitigate those concerns to their satisfaction. In closing, all of the conditions of approval are acceptable to the applicant. Discussion ensued with respect to existing slope guidelines approved by the Harbor View Hills Community Association, wherein Council Member Debay referenced minutes of that Association dated April 6, 1993, which states "It was moved and voted to remove the slope guidelines from the architectural package." She indicated that a new set of guidelines will be presented in January 1994 at their annual meeting. Joe LePage, Applicant, 2815 Harbor View Drive, addressed the Council in support of his request. In response to earlier comment by Council Member Sansone, he stated that he had no intention of misleading anyone when he submitted the petition in support of his project, noting that two of the properties on Harbor View Drive were near Goldenrod Avenue and not affected by his proposal. Michael Bruz, Robert Bein and William Frost, Engineering Consultants, addressed the Council and discussed the analysis their firm completed regarding the drainage, grading and hydrology issues on the subject property. He also advised that he had met with representatives of the Newport Mesa Unified School District relative to their concerns. With regard to the stability of the slope, they felt the slope is stable. In response to Council concerns regarding drainage, the Public Works Director suggested as two principle Volume 47 - Page 172 MINUTES (94) icatn COUNCIL MEMBERS VOIVMIVO�Mk • • CITY OF NEWPORT BEACH June 28, 1993 alternatives, 1) installation of a sump pump, recognizing the newly grassy area is 2 feet lower in elevation than the rest of the pad, and 2) a drainage system behind the wall. The advantage of the latter is that it would be more reliable and not subject to failure as the pump -type arrangement. Dennis Harwood, 2729 Harbor View Drive, addressed the Council in opposition to the proposed modification, stating he felt this type of project has no precedent in Harbor View Hills; the project will be visible to those residing on Harbor View Drive due to the location of subject property on the perimeter, of the 13 homes on Harbor View Drive, with the exception of 3 property owners who applied for similar projects, and the two properties at the far end of Harbor View Drive, everyone else is opposed to this request; the applicant's property has the least slope in the area, and if approved, could set a precedent for other requests; he has read the consultant's report, but still feels further study is needed. Belle Chase Lee, 2735 Harbor View Drive, addressed the Council in opposition to the proposal, stating that slope development in their association has been a political issue since the applicant presented his project in 1990, and that prior Boards restricted or rejected slope development. The majority of the Board did conditionally approve Mr. LePage's project, possibly because it is on the fringe of their development and only affects 13 homeowners on Harbor View Drive. If this request is approved, she felt it could set a chain of events that cannot be reversed, and therefore, it should be considered carefully. Jane Lyons, 1014 Sea Lane, addressed the Council and stated she is a member of the association's Architectural Committee. In considering the subject request, and pursuant to their CC&R's and guidelines, they found no reason to object. Following approval by their Committee in December 1992, a letter was sent to Mr. LePage advising him of the approval, contingent upon approval from the City regarding technical and hydrology issues. A copy of that letter was also sent to all interested property owners, with a request to respond within 14 days if they had any concerns. Mr. Harwood did respond and stated he was reserving the right to approve or disapprove at that time, and he was the only one who did respond. Therefore, they are very surprised at the objections now coming after the fact. Gerry Williams, 2901 Harbor View Drive, addressed the Council in opposition to the project, stating she lives one house removed from Mr. LePage, and if the request is approved, it will create a hodge -podge type of development. Volume 47 - Page 173 MINUTES 4056 (94) COUNCIL MEMBERS E E CITY OF NEWPORT BEACH June 28, 1993 Nancy Hagan, 3007 Harbor View Drive, addressed the Council in opposition to the proposal, stating that what Mr. LePage is requesting gives no consideration to the significant difference in the character of the homes along Harbor View Drive if each of the homeowners were to be consistent with his request in the future. Richard Varner, 2821 Harbor View Drive, addressed the Council and stated he resides directly neat door to Mr. LePage. He stated that his house will be impacted the greatest from the proposed project, however, he has no objection. He feels the project will also enhance the value of his property as well as improve security to Mr. LePage's property. Margaret Cunningham, 2915 Harbor View Drive,. addressed the Council in opposition to the proposed modification, stating their has been opposition from homeowners to this project for 3 years; slope configuration has always been preserved in their area and Mr. LePage was aware of this when he purchased his home; if approved, the proposed slope alteration will reduce privacy, negatively alter the character and quality of the slope area by placement of a massive wall, and will possible reduce property values because of negative effects on privacy and quality of view. In closing, she pointed out that the 20 -foot front -yard set back is required to protect the privacy and quality of view of all residents on their slope, and, in her opinion, there are not enough sufficient reasons for the City Council to reverse that requirement. Iris Kimmel, 1114 White Sails Way, member of the Harbor View Hills Homeowners Association and Architectural Committee, addressed the Council and stated that the reason the Board had to dismiss the slope committee's recommendations and rules were because they were so one -sided and basically said "no ", you cannot do anything. She stated the Board takes their CC&R's very seriously and the rights of views and privacy. Their Board is directed to uphold those CC&R's and when it is time to change those regulations, it must be done by the general membership. She urged the Council to consider this request very carefully prior to making a final decision. William G. Ginter, President, Harbor View Hills Community Association, addressed the Council and stated he is neither for nor against Mr. LePage's project, but voted for it pursuant to their CC&R's. He referenced a letter dated June 22, 1993 to the City Council, transmitting a copy of the Board's letter to Mr. LePage dated April 6, 1993. Volume 47 - Page 174 MINUTES Ig1Q3gi Modificatn 4056 (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL s June 28, 1993 0 • Motion Nancy Wiese, 2807 Harbor View Drive, addressed the Council in support of the proposed project, stating she resides adjacent to Mr. LePage and currently has her home for sale; however, she did not feel this was an issue. She felt Mr. LePage should be able to use his property in a reasonable manner while respecting the rights of others. She stated that living next to the applicant, she will be most affected, but following in depth review of the proposal, she felt it will not adversely affect their view or privacy. She added that inasmuch as their association has approved the project, it just reinforces the fact that views and privacy are not adversely affected. Hearing no others wishing to address the Council, the public hearing was closed. Council Member Debay advised that she had spoken with two of the school trustees after she had received a copy of their letter, and she felt their concerns mainly had to do with the drainage problems as they currently exist. She then reviewed the Consultant's report where it stated, in part, "the changes in the run -off characteristics from the property will not result in increases in volume or rate. The rate and quantity of the run off will be reduced in the after project. The super slope results in greater run off, whereas a milder slope results in less run off." She stated that as a result of these remarks, her concerns relative to the school boards objections, were answered. Council Member Watt noted that the Harbor View Hills Community Association will be reviewing their policies in January 1994 to hopefully come up with a more "harmonious" package of guidelines, and indicated she would prefer to see an application that would suit the entire row of houses rather than allowing piece -meal encroachments at this time. Following discussion, motion was made by Council Member Cox to sustain the decision of the Planning Commission, based on the Findings and Conditions of Approval for Modification No. 4056 designated as Exhibit "A" in the staff report. Mayor Turner indicated he was in support of the motion, primarily because of the homeowners association approval. He also emphasized that the City is not responsible for enforcing CC &R's. Council Member Sansone stated he felt the integrity of the slope should be retained and that the 7 or 8 homes directly affected should be the ones that should be the guiding factor, and not the homeowners association. He also felt that if this is approved, the City will see a domino effect, and therefore, he will not support the motion. Volume 47 - Page 175 3M1101:(1 INDEX Modificatn 4056 (94) Ayes Noes 0 • CITY OF NEWPORT BEACH COUNCIL MEMBERS June 28, 1993 ONNU■©© The motion was voted on and carried. 4. Mayor Turner opened the public hearing regarding Application of Rainbow Express Cab Company for a Certificate of Public Convenience and Necessity to Operate Five Taxicabs. Report from the Revenue Manager. The City Manager noted that Rainbow Express Cab Company has submitted an application for certificate of public convenience and necessity to operate five (5) taxicabs. The applicant currently does business in the cities of Irvine, Costa Mesa and Buena Park. The Police Department has inspected the applicant's five vehicles and have indicated that they meet applicable Municipal and California Vehicle Code requirements. In addition, the Revenue Division's investigation of this application finds that there is no basis for denial of the request. Mayor Turner referenced the unsigned letter purportedly from four other taxicab companies referred to in the staff report, and suggested that a policy be established whereby unsigned communications do not become a matter of public record. In response to Council inquiry regarding the unsigned letter, the Revenue Manager stated that his office contacted the investigator with the Department of Motor Vehicles, representatives from the other cities the applicant conducts business in, and the largest four taxicab companies listed on the correspondence. Investigator Duval with the DMV reported that he has no current investigation on the applicant, and that the applicant's vehicles comply with the commercial license plate requirements of the California Vehicle Code. Each of the cities contacted represented they have no complaints on file against the applicant. Orange Coast Yellow Cab acknowledged communicating with another cab company about the applicant, but denied any relationship with the letter. It was also noted by the Revenue Manager, that in the course of their application process for two trucks and taxicabs, his office does confirm compliance with the California Vehicle Code through the DMV and the Newport Beach Police Department. Arthur Smith, representing Rainbow Express Cab Co., addressed the Council and expressed appreciation to them for ignoring the allegations mentioned in the unsigned letter. Hearing no others wishing to address the Council, the public hearing was closed. Volume 47 - Page 176 MINUTES INDEX Taxicabs (27) Motion All Ayes is Motion All Ayes 0 i X CITY OF NEWPORT BEACH x MINUTES June 28, 1993 INDEX Motion was made to approve the request of Rainbow Express Cab Co. At the suggestion of Council Member Hedges, and their being no objections, the unsigned letter was removed from the public record. The motion was voted on and carried. PUBLIC COMMENTS !,=__ CONSENT CALENDAR The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION 5. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 6. Removed from the Consent Calendar. 7. Resolution No. 93 -47 authorizing Res 93 -47 membership in the Orange County Vehicle OC Vehicle Task Force. [Report from Acting Police Task Force. Chief]. (54) 8. Resolution No. 93 -48 approving the form 93 -48 and content of a 50 -year lease for es residential parcels in Beacon Bay. Beacon Bay subject to minor technical changes and C -505 approval by the State Lands Commission. (38) [Report from the Deputy City Manager]. 9. Resolution No.93 -49 adopting Budget for Res 93 -49 1993 -94 Fiscal Year. Budget (40) CONTRACTS AND ACREEME4TS 10. Removed from the Consent Calendar. 11. Award of contract for IRC Section 125 IRC Sec 12_ Plan Administration. [Report from C -2951 Personnel Director] (38) 12. Construction of sewer improvements in Sewer Impr, Coast Highway at Riverside Avenue and Riverside cost sharing with the County Sanitation Districts of Orange County. [Report -2952 from Utilities Director] (38) 13. Award of Contract (No. 2900) to John L. SD Creek Meek Construction Co., in the amount of Bicycle $156,999.20 for the San Diego Creek Regional Trail Bicycle Bridge over ridge Bonita Creek. [Report from Public Works -2900 Department] (38) 14. Find that the bid tendered by Evans al Pnsla Electric is non - responsive and reject Street Lt their bid; and award Contract (No. 2925) C -2925 to F. J. Johnson, Inc. in the amount of (38) $412,120 for the Balboa Peninsula Street Light Replacement. [Report from Public Works Department] Volume 47 - Page 177 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CflLL S June 28, 1993 0 E MINUTES 15. Award Contract (No. 2938) to All American Asphalt in the amount of $395,995.00 for the 1992 -93 Streets and Miscellaneous Slurry Seal Resurfacing Program. [Report from Public. Works Department] 16. Award Contract (No. 2937) to Superior Signal Service Corp., in the amount of $97,607 for Traffic Signal Modifications at Various Locations. [Report from Traffic Engineer] 17. Memorandum of Understanding with Newport Beach City Employees Association (NBCEA). [Report from Personnel Director] 18. Memorandum of Understanding with Newport Beach Professional and Technical Employees Association (NBP&TEA). [Report from Personnel Director] 19. Memorandum of Understanding with Newport Beach Firefighters Association (NBFA). [Report from Personnel Director] 20. Award Contract (No. 2944) to A & L Construction Co., in the amount of $106,091 for Construction of Water Pipeline - First Avenue Water Main Replacement Project. [Report from Utilities Director] 21. Automatic Aid Agreement for Emergency Medical Services with County of Orange. [Report from Fire Chief] 22. Agreement with Conference and Visitors Bureau. [Report from City Manager] 23. CLAIMS - For Denial by the City Manager: Linda Finney, alleging her car was sprayed with water proof substance by City crews while parked in parking lot at 1541 Monrovia Avenue on June 7 or 8, 1993. Lisa Gimenes, alleging her car was sprayed with water proof substance by City crews while parking in parking lot at 1541 Monrovia Avenue on June 8, 1993. Mike Grocki, alleging tire damage as a result of running over broken parking sign post in front of old library structure at 6000 Coast Highway on April 8, 1993. Lynn Klein, alleging tire damage to vehicle as a result of spikes in parking lot at Corona del Mar beach on June 9, 1993. Bobbe J. Michallik, alleging his vehicle hit large pot hole on University Drive near San Joaquin Hills Road causing tire damage and personal injuries on February 26, 1993. 24. City Council meeting Order of Business - Amend Council Policy A -10 to place the Consent Calendar before Public Hearings. [Report from Deputy City Manager] Volume 47 - Page 178 0 CITY OF NEWPORT BEACH June 28, 1993 25. Measure M Local Streets and Roads Program - Direct staff to submit the eligibility package to the Orange County Local Transportation Authority to satisfy the various Measure M requirements. [Report from Public Works Department] 26. Legal Advertising for Fiscal Years 1993- 9.4, 1994 -95 and 1995 -96 - Accept the bid of the Daily Pilot and authorize issuance of purchase order for three - year period. [Report from City Clerk] 27. Encroachment Agreement for Non- Standard Improvements within city utility Easement off West Ocean Front - Approve agreement for installation, maintenance and liability responsibility for certain non - standard encroachment improvements in the alley west of 15th Street and north of West Ocean Front. [Report from Utilities Department] 28. Planning Commission Actions of June 10, 1993 for information and filing. [Report from the Planning Department] 29. Reconstruction of Electric Controls - Big Canyon Reservoir Control Panel (Contract No. 2923) - Reject all bids received June 16, 1993; approve minor change in project specifications allowing contractors with C -10 specialty contractor's licenses to bid project; and authorize City Clerk to re- advertise for bids to be opened at 10:30 a.m. , Wednesday, July 14, 1993. [Report from Utilities Director] 30. General Plan Amendment 93 -2 - Request to initiate amendments to the Newport Beach General Plan; if desired, sustain the recommendation of the Planning Commission to initiate proposed amendments A, C, and D (as listed below), and direct staff to proceed with preparation of any necessary environmental documents and set for public hearing before the Planning Commission, and return item B to the originator without further action. [Report from Planning Department] A. Loral Aerospace Property - Request of Ford Motor Land Development Corporation to amend the General Plan Land Use Element to re- designate the Loral Aerospace property (formerly Ford Aeronutronic) from General Industry to Single Family Detached /Attached in order to allow conversion of the property to a residential planned community not to exceed 500 dwelling units. Consideration of this amendment may include the General Plan Recreation and Open Space Element, if necessary; Q�IA Volume 47 - Page 179 021111 *1 Measure M St /Rd Prog (74) ►;f 1 2) Ocn Frnt 65) ME Cntrl Canyon W, PA 93 -.2 45) COUNCIL MEMBERS E M, 5 • CITY OF NEWPORT BEACH • Motion x Ayes x x x x x Abstained x MINUTES June 28, 1993 INDEX B. CalTrans West - Request of the GPA 93 -2 Committee for Acquisition of (45) CalTrans West to amend the General Plan Land Use and Recreation and Open Space Elements and the Local Coastal Program, Land Use Plan to re- designate the property on the northwesterly corner of West Coast Highway and Superior Avenue, known as CalTrans West, from Multi - Family Residential to Recreational and 'Environmental Open Space; AND C. Recreation and Marine Commercial Designation - Request to amend the Land Use Element of the Newport Beach General Plan and the Local Coastal Program, Land Use Plan to revise the Recreation and Marine Commercial land use designation to eliminate the requirement for the provision of incentive uses in association with the construction of general purpose office and general industrial uses; AND D. Block 600 - Newport Center - Request of Family Fitness Centers and The Irvine Company to amend the General Plan Land Use Element to increase the development allocation in Block 600 of Newport Center by 5,000 square feet (to a total of 1,285,329 square feet) to allow additions to 600 Newport Center Drive for athletic club purposes. 31. Removed from the Consent Calendar. 32. Removed from the Consent Calendar. 33. Authorize City Manager to not enforce a Permit Use Permit condition for Rumplestiltskin's restaurant on July 4, 1993. [Report from Revenue 1(27) Manager] ITEMS REMOVED FROM THE CONSENT CALENDAR 5. Proposed ORDINANCE 30. 93 -15, being, Ord 93 -15 AN ORDINANCE OF THE CITY COUNCIL Visitor's OF THE CITY OF NEWPORT BEACH ee AMENDING PORTIONS OF CHAPTER 3.28 (40) OF THE MUNICIPAL CODE PERTAINING TO THE VISITOR'S FEE. [Report from Revenue Manager] Council Member Hedges stated he pulled this item from the Consent Calendar so that he could abstain from voting on it. Motion was made to introduce Ordinance No. 93 -15 and to pass to second reading on July 12, 1993. Volume 47 - Page 180 Cc�Iih[�lI�S1831aa ;b' is Motion Ayes Abstained CITY OF NEWPORT BEACH WE XIXIXIXI IX IX Motion X Ayes X X x X X Noes X Mo� X All Ayes Motion Motion • X X June 28, 1993 10. Report from the Deputy City Manager recommending approval of Real Estate listing agreement with Cannery Village Realty, Inc. for Sale of 4210 River Avenue. Council Members Hedges stated he pulled this item from the Consent Calendar so that he could abstain from voting on it. Motion was made to approve the above agreement and authorize the Mayor and City Clerk to execute. 6. Report from the Parks, Beaches & Recreation Director regarding proposed Resolution No. 93 -46, expanding the number of Arts Commissioners to nine (9). Council Member Hedges stated he pulled this item from the Consent Calendar because he does not support a nine member Arts Commission even though it was approved by the electorate in November. In view of the foregoing, Council Member Cox moved to adopt Resolution No. 93 -46. 31. Report from the Traffic Engineer recommending approval of Ride Share Incentives, Regulation BV Ridesbaring Program. Council Member Hedges stated he would like the Council to receive a copy of the 1992 Rideshare Survey prior to taking action on this item, and therefore, made a motion to defer this to July 12„ 1993. 32. Report from the City Manager regarding transmittal of letter to Orange County Sanitation District in support of Council Member Evelyn Hart as Chairperson of the Orange County Sanitation District. Mayor Turner stated he was supportive of Council Member Hart to Chair the Sanitation District, however, he thought it might set a precedent, and therefore, suggested a procedure be established whereby all appointments would be handled across the board. In view of the above remarks, Mayor Turner made a motion to not transmit the subject letter to the Sanitation District. Following comments, substitute motion was made by Council Member Watt to direct staff to transmit the subject letter to the Sanitation District. Council Member Cox stated that the City Council receives similar letters from outside Council Members requesting support for various appointments, and in all of the years he has served on the TCA or the Sanitation District, the City has never written a letter on his behalf, nor does he remember the City Volume 47 - Page 181 MINUTES 4210 River C -2950 (38) Res 93 -46 Arts Cmsn (24) Rideshare (85) OC Sanitation (54) CITY OF NEWPORT BEACH ROLL 0 All Ayes • Motion • h4otion Ayes Noes x I x I x I x I I x I x June 28, 1993 authorizing such a letter for anyone else. He felt this would be a departure from the Council's historic process and could set a precedent. Council Member Sansone pointed out that the City of Newport Beach has never had a Council Member serve as Chairperson of the Sanitation District. Mayor Turner emphasized his desire to have a written policy on this subject to which the City Manager made note. There being no further comments, the substitute motion was voted on and carried. ORDINANCES FOR ADOPTION 34. Proposed ORDINANCE NO. 93 -14, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 10.59 TO THE NEWPORT BEACH MUNICIPAL CODE REGARDING GRAFFITI. Recycled Report from City's Contract Attorney. The City Manager summarized the purpose and contents of the proposed Ordinance as enumerated in the staff report. Mayor Turner indicated he felt the requirement to remove graffiti within 48 hours was a little over - zealous inasmuch as it could prove difficult to get hired help in that short of time to abate the nuisance. It was pointed out by the City Attorney that the Ordinance provides for an appeal procedure whereby someone can request a longer period of time with which to remove the graffiti. The City Manager and City Attorney responded to questions raised by various Council Members, following which, Mayor Turner made a motion to adopt Ordinance No. 93 -14, with the proviso that wherever the term 48 hours appears in the Ordinance, the property owner be given up to two weeks to remove the graffiti. Council Member Hedges, Member of the Gang Task Force Committee, advised that the Committee studied a number of similar ordinances throughout the County prior to developing the document under consideration. He stated there is an important public awareness to eradicate graffiti in as timely manner as possible, and he felt that giving property owners two weeks was much too long a period, especially since some graffiti is so obnoxious. In view of the foregoing remarks, Council Member Hedges moved a substitute motion to adopt Ordinance No. 93 -14 as written, which motion carried. Volume 47 - Page 182 MINUTES (70) INDEX 93 -14 fiti CITY OF NEWPORT BEACH COUNCIL MEMBERS s ` MINUTES ROLL CHLL June 28, 1993 INDEX GIS Red Green Red Green Red A R G Green Red Green Red Green Ro x Ix Ix Ix I Ix ix x Commission BOARD OF LIBRARY TRUSTEES Appointmen i Ix Ix Ix I 35. APPOINTMENTS TO BOARDS AND COMMISSIONS. ix x Commission BOARD OF LIBRARY TRUSTEES Appointmen ix Ix Ix Ix I Ix ix Ix Ix Ix I Ix CONTINUED BUSINESS 35. APPOINTMENTS TO BOARDS AND COMMISSIONS. Boards/ Commission BOARD OF LIBRARY TRUSTEES Appointmen (24) x Ben Jackson was assigned the green light; George Jeffries was assigned the red light; Ben Jackson was reappointed for a four - year term ending June 30, 1997. CITY ARTS COMMISSION Mathew Ross was assigned the green light; x Roya Fouladi was assigned the red light; Roya Fouladi was appointed for a four- year term ending June 30, 1997. x Cathy Anderson was assigned the green light; Riki Kucheck was assigned the red light; Cathy Anderson was appointed for a four - year term ending June 30, 1997. x Pat Brubaker was assigned the green light; Vincent Le Pore, III was assigned the red light; Pat Brubaker was appointed for a four - year term ending June 30, 1997. PARKS, BEACHES AND RECREATION COMMISSION x Pete Compton was assigned the green light; Ray Zartler was assigned the red light; Pete Compton was reappointed for a four - year term ending June 30, 1997. x Gale Demmer was assigned the green light; Cherie Hart, was assigned the red light; Gale Demmer was reappointed for a four - year term ending June 30, 1997. PLANNING COMMISSION x Norma Glover was assigned the green light; Ken Kvammen was assigned the red light; Norma Glover was reappointed for a four - year term ending June 30, 1997. Volume 47 - Page 183 COUNCIL MEMBERS s ROLL CRLL Green x x x x Red x CITY OF NEWPORT BEACH x June 28, 1993 Thomas Edwards was assigned the green light; Ralph Furra was assigned the red light; Thomas Edwards was reappointed for a four -year term ending June 30, 1997. Council Member Sansone pointed out that sometimes an individual is appointed to fill an unexpired term on the Boards and Commissions, and then is reappointed to two four -year terms, and he felt that inasmuch as the electorate voted for two term limits on Council Members, it might be well to establish a similar policy for Boards and Commissions limiting the time to a specific number of years. Council Member Hedges also suggested staff investigate and report back on possibly amending the City Charter with respect to placing a time limit for someone appointed to fill an unexpired vacancy on the City Council who is then later on elected. Council Member Debay pointed out that there is also no time limit on how long those persons appointed to the various Advisory Committees can serve, and suggested staff look into this matter as well. 36. Report from City Attorney regarding proposed revisions to the maximum permitted noise levels for aircraft departing from JAA. The City Attorney advised that tomorrow the Orange County Board of Supervisors will be deciding whether or not to adopt temporary increases in the maximum noise levels for aircraft departing from JWA. Their action is in response to anticipated provisions to FAA rules that would prohibit power cutbacks below 800 feet, and would also require minimum power settings on parking. Some of the aircraft that currently operate at JWA within certain classifications have used low level power cutbacks and less than mandatory minimum power settings to achieve the various noise thresholds that apparently apply. The proposed Advisory Circular limits the number of noise abatement departure procedures that air carriers can adopt, so consideration on part of the Board is to select noise levels which match noise abatement departure procedures that would be useful at JWA and at other facilities throughout the nation. The County has conducted a lengthy noise level demonstration project testing various departures, and have prepared a comprehensive EIR, and narrowed the alternatives that are being seriously considered. Alternative 1 establishes maximum permitted noise levels which could be satisfied by the MD -80 using power cutback procedures at 800 feet above field elevation, and satisfied by Volume 47 - Page 184 MINUTES JWA (54) ROLL CALL N Motion All Ayes i • X CITY OF NEWPORT BEACH MINUTES June 28, 1993 all other commercial aircraft using JWA power cutbacks at 1,500 feet above field (54) elevation. Alternative 2 would establish noise levels that could be satisfied by all commercial aircraft reducing power at 800 feet above field elevation. The City Attorney stated that a letter has been prepared, and is attached to the staff report, which supports Alternative 1 and comments on other facets of the project, including the runway extension discussed in EIR 546. Motion was made by to approve the letter as written and authorize the Mayor to execute. Council Member Sansone commended the Mayor and staff for their efforts in educating South Orange County on the feasibility of using El Toro Marine Base as a possible regional airport, and stated "keep up the good work." The meeting adjourned at 9:40 p.m. The agenda for this meeting was posted on June 24 at 10:00 a.m., on the City Ball Bulletin Board located outside of the City of' Newport Beach Administration Building. i i t � r Volume 47 - Page 185