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HomeMy WebLinkAbout01/24/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS n0 REGULAR COUNCIL MEETING VJ PI Council Chambers S �- TIME: ME: 7:00 P.M. CRLL DATE: January 24, 1994 Present x Excused x Motion All Ayes Alr Ayes Motion A11 Ayes • • IxIxIxIxIxI ROLL CALL x x x Reading of Minutes of Meeting of January 10, 1994, and Adjourned Meetings of January 14, and January 15, 1994 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. CONSENT CALENDAIK The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Pass to 2nd reading and public hearing on February 14, 1994: 1. Proposed ORDINANCE NO. 94 -2, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 15.40.030(C) OF THE NEWPORT BEACH MUNICIPAL CODE TO CHANGE THE EXEMPTION CRITERIA IN THE TRAFFIC PHASING ORDINANCE. [Report from Planning Department] 2. Proposed ORDINANCE NO. 94 -3, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE VARIOUS SECTIONS OF THE ZONING CODE CHANGING THE CALCULATION OF GROSS FLOOR AREAS TO INCLUDE THOSE PORTIONS OF RESIDENTIAL BUILDINGS OR RELATED STRUCTURES WHICH SPAN MORE THAN ONE FLOOR AND WHICH ARE LOCATED OVER UNINHABITABLE AREAS (Planning Commission Amendment No. 789). [Report from Planning Department] 3. Proposed ORDINANCE NO. 94 -4, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE A PORTION OF DISTRICTING NAP NO. 2 ESTABLISHING A 10 FOOT YARD SETBACK ALONG THE SOUTHEASTERLY SIDE OF 47TH STREET BETWEEN RIVER AVENUE AND NEPTUNE AVENUE IN WEST NEWPORT (Planning Commission Amendment No. 791) [Report from Planning Department] Pass to 2nd reading on February 14, 1994: 4. Proposed ORDINANCE NO. 94 -5, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 6.04.120 AND 6.04.150 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO REFUSE AND COLLECTION. [Report from General Services Director] Volume 48 - Page 21 MINUTES HM2Y2 Ord 94 -2 Traffic Phasing (26) Ord 94 -3 Zoning (94) 94 -4 (94) Ord 94 -5 ` Refuse (44) COUNCIL MEMBERS ROLL CRLL s' • • CITY OF NEWPORT BEACH IDUAW January 24, 1994 INDE 5. Proposed ORDINANCE NO. 94 -6, being, Ord 94 -6 Volume 48 - Page 22 AN ORDINANCE OF THE CITY COUNCIL `V.� (40) OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 3.16 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE TRANSIENT OCCUPANCY TAX. [Report from Revenue Manager, Finance Department] 6. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 7. Removed from the Consent Calendar. 8. Resolution No. 94 -5 establishing No Res 94 -5 Parking restrictions from 6:00 a.m. to Parking 8:00 a.m. on Monday and Friday for Restriction street sweeping in Balboa Business (85) District. [Report from Traffic Affairs Committee] CONTRACTS AND AGREEMENTS 9. Removed from the Consent Calendar. 10. CLAIMS - For Denial by the City Manager (36) Continental Energy Systems dba Debin & Associates, seeking indemnity from claim filed on November 5, 1993 in Superior Court regarding explosion at E1 Torito Restaurant-, Fashion Island, on August 1, 1993. Robert H. 'Harrison seeking reimbursement for storage of vehicle from 12 -13 to 12- 22-93 at towing facility, on December 10, 1993. Nobest, Inc. seeking indemnity from claim filed by Marie D'Esposito Eakin relating to trip and fall near Corona del Mar State Beach on August 15, 1992. Nezih Salem alleging his car was towed in error, seeking reimbursement, at 419 N. Newport: Blvd. on January 7, 1994. PUBLIC HEARING SCHEDULING - February 14, 1994 11. CONSTRUCTION OF CURB, GUTTER AND Cnstrctn SIDEWALK ON BOTH SIDES OF 62ND STREET 62nd.Street BETWEEN PACIFIC COAST HIGHWAY AND (74) NEWPORT SHORES DRIVE; CONSTRUCTION OF CURB, GUTTER AND SIDEWALK ALONG PROSPECT STREET BETWEEN NEWPORT SHORES DRIVE AND PACIFIC COAST HIGHWAY (C- 2929). [Report from Public Works Department] 12. PLANNING COMMISSION ACTIONS - Meeting of Planning January 6, 1994 and Agenda of January (68) 20, 1994. [Report from Planning Department] 13. CHANNEL PLACE AND BALBOA BOULEVARD TIDAL Tidal .. .. VALVES AND VAULTS - Authorize Public Valves Works Department to negotiate with (74) Gillespie Construction for the construction of two tidal structures Volume 48 - Page 22 CITY OF NEWPORT BEACH.. COUNCIL MEMBERS MINUTES s ROLL CRLL January 24, 1994 TM1CY with valves; and approve a Budget Amendment for the construction of subject project. [Report from Public Works Department] , 14. Removed from the Consent Calendar. • 15. ACCEPTANCE OF OCEAN FRONT STREET AND Ocean Fron CONSTRUCTION PROGRAM; PROSPECT STREET 62nd Stns SIDEWALK CONSTRUCTION; AND 62ND STREET C -2929 IMPROVEMENTS (C -2929) - Accept the work; (38) authorize City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 16. Removed from the Consent Calendar. 17. Removed from the Consent Calendar. 18. Removed from the Consent Calendar. 19. INTERIM MASS GRADING STORM DRAIN Storm Drai RELOCATION PROJECT - Approve plans and C -2979 specifications; and authorize City Clerk to advertise for bids to be opened at (38) 11:00 a.m. on February 16, 1994. [Report from Utilities Department] 20. HARBOR PERMIT APPLICATION 258 -206 - Harbor Approve application by Matt Clabough to Permit revise the residential pier and float (51) bayward of' 206-208 South Bayfront Balboa Island. [:Report from Marine Department] • 21. SPECIAL EVENTS APPLICATION - Approve Special Application No. 93 -364 for 11th Annual Events Spirit Run, on Sunday, February 27, (27) 1994, from 6:30 a.m. to 11:00 a.m., subject to conditions in the staff report from the Revenue Manager, Finance Department:. 22. BUDGET AMENDMENTS BA -028, 0.000 - To transfer funds to cover the cost of a part -time G.I.S. employee, which is being transferred from Public Works Department to Utilities Department. BA -029, $7,600 - To appropriate funds for the Cost of professional fees for the Strategic Planning Workshop for City Manager and Council Members. BA -030 - Removed from the Consent Calendar. BA -031, 25,000 - To transfer funds from various capital project appropriations to 44th /Channel Place capital project account for the construction of tidal structures. [Refer to report w /agenda • item 13] ITEMS REMOVED FROM THE CONSENT CALENDAR 6. EMERGENCY ORDINANCE NO. 94 -7, being, Ord 94 -7 AN EMERGENCY ORDINANCE OF THE CITY Entertain (27) COUNCIL OF THE CITY OF NEWPORT Volume 48 - Page 23 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES `s January 24, 1994• ROLL CRLL INDEX BEACH AMENDING CHAPTER 5.28 OF THE Entertain NEWPORT BEACH MUNICIPAL CODE RELATING TO ENTERTAINMENT ESTABLISHMENTS. [Report from Assistant City Attorney] Included with the proposed ordinance was • a memorandum from Sergeant Jim Kaminsky, Vice, Narcotics and Intelligence Unit Supervisor with the Newport Beach Police Department., citing the need for this emergency ordinance and urging favorable consideration. The City Attorney recommended an Exception provision be added to the subject ordinance as follows: "The provisions of this ordinance shall apply prospectively and shall not operate to affect or revoke any valid live entertainment permit in effect as of the date of this ordinance." Motion x Motion was made by Council Member Hart to adopt Emergency Ordinance No. 94 -7. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed Section 5.28.110 of the subject ordinance relating to Public Nuisances. He also stated he was in agreement with the Exception clause added by the City Attorney as well as • the intent of the ordinance. Council Member Cox entered the meeting at 7:10 p.m. All Ayes The motion was voted on and carried. 7. Report from General Services Director Disaster recommending approval of a resolution Relief authorizing him to make application for Financial Assistance for Disaster (44) Relief. The City Manager recommended that the resolution be modified in paragraphs two and three to reflect the position of General Services Director rather than his given :name. Motion x Motion was made by Council Member Hart kll Ayes to adopt Resolution No. 94 -4 as revised. Res 94 -4 9. Report from Assistant City Manager W. Newport regarding Sale or Lease of West Newport Library Library Facility at 6000 W. Coast Highway. C -2985 (38) The City Manager noted a typographical error and stated that recommended sale price should be $339,000 with a • commission of 58 or for lease of the property for a price to be negotiated with a commission of 58 of the first five years rent. Motion x Mayor Turner moved to authorize the City 111 Ayes Manager to execute the subject listing agreement with Cannery Village Realty as recommended. Volume 48 - Page 24 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL January 24, 1994 M A es • • MINUTES 14. Report from Public Works Department Encroach recommending approval of Application of (65) David A. Hanson to construct a curb opening ELt 1508 Park Avenue, Balboa Island. Council Member Watt stated that the variance upon which this curb -cut is based has: not yet been before the Planning Commission, and therefore, she moved to approve this curb -cut application, subject to approval of the related variance by the Planning Commission and City Council. She noted for the record that this curb -cut approval does not in any way pre -judge the merit of the variance application. 16. Report from Public Works Department Pedestri regarding MACARTHUR BOULEVARD WIDENING, Bicycle PACIFIC COAST HIGHWAY TO FORD ROAD Bridges (PEDESTRIAN /BICYCLE BRIDGE STUDY). (74) The City Clerk advised that after the printing of the agenda, a letter was received from Mr. & Mrs. Hal J. McLaughlin, 1007 White Sails Way, in opposition to the proposed bridge study. The Public Works Director stated that in October 1993, the City Council directed the staff to survey the residents in the area nearest the proposed possible pedestrian/bicycle bridge crossing on MacArthur Boulevard. That survey is now complete and the results are as follows: 108 (528) In favor of a bridge 73 (368) Not in favor of a bridge 25 (128) Undecided about a bridge at this time, but in favor of a study. The Public Works Director stated that the survey was mailed to approximately 300 residents with 206 responses to date. He emphasized that the action before the Council at this time is only action on a proposed study, and it is not a final judgment on whether or not to build the ridge. In addition to the survey, on January 16, 1994, the Harbor View Hills: Community Association held its annual. meeting and a presentation was made at that meeting by City staff. Concerns were expressed about increased access to the community from outsiders and view obstructions, and a new alternative for the easterly end of the bridge was discussed. It was suggested that the bridge end with a direct connection to the MacArthur Boulevard sidewalk and provide an indirect connection to Crown Drive and Sea Lane. The staff indicated that this was an alternative that could be reviewed if the study is authorized. At the close of that discussion, a hand -vote was taken and 30 were in favor of the study and 25 were opposed to the bridge and any further study. Volume 48 - Page 25 COUNCIL MEMBERS *051V90 %\* M*9 • • • CITY OF NEWPORT BEACH January 24, 1994 The Public Works Director stated that if the study is approved, the consultant will prepare an information program to receive comments and provide input to the public on the pros and cons of a bridge; workshops and public meetings will be scheduled to present alternative bridge designs, site plans and view analysis studies of the bridge from several locations above MacArthur Boulevard, and the .study will then be presented to the City Council so that a final decision can be made on construction of the bridge. The results of the survey conducted during preparation of the environmental document and the current survey indicate that there is community interest in the proposed bridge and study. The study is budgeted at $14,000. If the bridge is ultimately constructed, funding would come from 508 Gas Tax funds and 508 Measure M Transportation funds. The Mayor announced that he had just received a letter from the Harbor View Hills Homeowners Association in support of moving ahead with the bridge study. The following persons addressed the Council in favor of the proposed bridge study indicating the bridge would provide safe access to the new library for children as well as adults, and the bridge is a better option than a traffic signal: Andrew Campbell, 1133 White Sails Way Allen Swi,gert, 2821 Pebble Drive Sally Tilsen, 1101 White Sails Way Jim Wharton, 1033 Goldenrod Avenue In response to comment made by Mr. Wharton regarding a possible bike trail through his neighborhood, City Engineer Don Webb advised that the City's Circulation Element that includes bike trails, shows today a secondary bikeway that goes along Goldenrod to Crown Drive and up to San Joaquin Hills Road. There is not shown on that particular master plan at this time, a connection with the bridge into Newport Center and down to the library. This would not be a bikeway on the County's plan and it is not anticipated to be added as a County bike trail, however, if the bridge were constructed, it would probably be recommended to be put on the City's master plan as a secondary bikeway. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that even though funding for the bridge comes from gas tax and Measure M monies, it is still taxpayers dollars that are paying for the project. He indicated he felt the funds could be put to a better use, but did not state whether tie was for or against the bridge. William E. Bracey, 2601 Windover, addressed the Council in opposition to the proposed bridge study stating he did Volume 48 - Page 26 MINUTES INDEX COUNCIL MEMBERS MOV MV, � \1' • Motion • x CITY OF NEWPORT BEACH January 24, 1994 not feel people will use the bridge, and if it is approved, where will the monies come from to pay for the project. He stated he does not feel the study will serve any purpose. Sandra Warren, 1201 Surfline Way, addressed the Council in opposition to the study stating her house is one of three properties that would be adversely impacted by the proposed bridge as referenced in the environmental impact report. She stated her property is located at the end of Crown Drive where the bridge abuts, and the overcrossing would obstruct the views of all three properties; there would be increased foot traffic; and their backyard will be easily accessible to people coming and going, etc. She stated that if the study is approved, she will continue to oppose the project and will be heavily involved in any public discussions or meetings. She invited Council Members to come to her home to see how she would be negatively impacted by the bridge. Mayor Turner indicated he did not feel the bridge would get used that often; that there is not a vast need for the bridge, and therefore, he will not support the study. Council Member Debay stated she had received eleven telephone calls last week in support of the study, and therefore, she will be voting in favor of approving the study. Council Member Cox stated he too had received a number of calls supporting the study, and therefore, moved to direct the staff to proceed with the Pedestrian /Bicycle Bridge Study as provided in the Engineering Services Agreement with Robert Bein, William Frost and Associates. Council Member Sansone spoke against the motion stating that Measure M monies is intended for highway and street improvements and he feels the priorities are all "out of kilter ". He also felt that the money spent on the survey could be better used in other areas of the City and more in keeping with the intent of Measure M. Council Member Watt stated she will be supporting the motion inasmuch as this was an item presented to the public as an option, and inasmuch as the majority opinions received are in support of the study. She added, however, this action will not pre -judge final determination of whether or not the bridge will be constructed. Council Member Hart indicated she also felt the bridge would not be that heavily used and that there was not an overwhelmingly support for the bridge in the community. Volume 48 - Page 27 MINUTES CITY OF NEWPORT BEACH COUNCIL MEMBERS s ` ROLL C LL January 24, 1994 • Ayes Noes Motion All Ayes • Motion All Ayes • a A x x Council Member Cox pointed out that there is language in SCAG'S Mobility Plan and the Air Quality Plan that states cities should look to pedestrian - friendly infrastructure to reduce the dependence on the automobile, and the topography in this particular area allows that to happen. The bridge would serve a community close to Fashion Island and the new library, and inasmuch as there is enough support for the study, he felt the Council should proceed with it. The motion to approve the study was voted on end FAILED. 17. Reports from the General Services Director and Fire Chief recommending approval of the purchase of a 1991 Ford - Leader paramedic van from Southern California Edison Company at a cost of $30,000. Following clarification of Council Member Sansone's question regarding the 2 years and 2 months of projected service as noted in the reports, motion was made to authorize the request as recommended. 18. Report from the Utilities Department regarding approval of plans and specifications for Hazel Drive Water, Sewer Replacement and Street Improvement Project. Council Member Sansone stated he pulled this item off the Consent Calendar to alert those watching this meeting on television that the homes on Hazel Drive, south of Coast Highway, and businesses on Coast Highway between Hazel Drive and Poppy Avenue will be impacted by this construction, however, further information will be distributed door -to -door as the time draws nearer. Motion was made by Council Member Sansone to approve the subject plans and specifications and authorize the City Clerk to advertise for bids to be opened at 11:15 a.m., February 16, 1994. 22. BA -030, $25,000 - Recommendation to appropriate funds to the Airport Control Fund from Unappropriated Surplus Fund Balance. The City Manager stated that the current budget has allocated $50,000 to the Airport Control Fund for the City's efforts in promoting the conversion of E1 Toro to a commercial airport. Those monies have been expended, and inasmuch as over the last four months, the City has spent a great deal of time and effort to further promote that conversion, this budget amendment is necessary in order to fund those services, Volume 48 - Page 28 MINUTES INDEX Bridges Vehicle Purchase (44) Hazel Dr Water(Sewei C -2892 (38) BA -030 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES f s ROLL CRLL January 24, 1994 Tmnry lotion x There being no comments, motion was made k11 Ayes by Mayor Turner to approve BA -030 as recommended. PUBLIC HEARINGS 23. Mayor Turner opened the continued public Develc� .__. • hearing regarding DEVELOPMENT AGREEMENT Agmt 5 NO. 5 - Request to approve an amendment Hoag.Hosp to the subject development agreement for the Hoag Hospital Master Plan between C -2912 the City of Newport Beach and Hoag (38) Memorial Hospital Presbyterian; located at 4000 West Coast Highway, on the northerly side of West Coast Highway, between Newport Boulevard and Superior Avenue and 301 Newport Boulevard, on the southwesterly corner of Hospital Road and Newport Boulevard. Report from Planning Department. A Supplemental Report was distributed to the City Council on January 21, 1994 enumerating the final revised development agreement language for the Hoag Hospital Master Plan. The Planning Director stated that the Supplemental Report is self - explanatory and that the Advance Planning Manager Patricia Temple was in attendance to answer any questions. Hearing no one wishing to address the Council from the audience, and no • comments from Council Members, the public hearing was closed. lotion x Motion was made by Council Member Debay X11 Ayes to introduce Ordinance No. 94 -8 and pass Ord 94 -8 to second reading on February 14, 1994. 24. Mayor Turner opened the public hearing Street U-^ - regarding the request to consider Change changing a street name from Alvarado " Street" to "Viva Way" by Alvarado Place (83) Property Owners. The City Clerk advised that after the agenda was printed, a letter was received from the Central Newport Beach Community Association requesting this item be continued to a City Council meeting in March. A letter was also received from Paul Medina of 307 Alvarado Street opposing the request for continuance,as well as a letter from Niki Naphen suggesting Alvarado Street be changed to Bonita Street. Tom Hyans, President, Central Newport Beach Community Association, addressed the Council and stated the reason they would like a continuance is so that they can get input from Council Member Hedges • (who is oust -of -town for several weeks), as well as comments from their Association. Volume 48 - Page 29 COUNCIL MEMBERS NO CITY OF NEWPORT BEACH January 24, 1994 MINUTES INDEX Street Name 70) 94 -1 Niki Naphen, 325 Alvarado Street, addressed the Council and stated that she wanted to point out that the person requesting; the Alvarado Street name change resides on Alvarado Place. Paul Medina, 307 Alvarado Street, addressed the Council and stated it was his understanding that Council Member Hedges was aware of this request for a street name change, and was not opposed to the hearing being held at this time. Motion x Following consideration, motion was made to continue this public hearing to February 28, 1994. Council Member Hart stated that if a name change is going to be approved for Alvarado Street, she would like to suggest it be changed to "Plummer Street" irk recognition of former Mayor and Council Member Ruthelyn Plummer. She stated that Ms. Plummer was born in Newport Beach and raised very close to this particular area. Loretta Belcher, 307 Alvarado Place, addressed the Council and urged this public hearing not be continued to February 28, 1994, stating it will only prolong the existing problem another month. All Ayes The motion to continue this hearing was • voted on and carried. PUBLIC COMMENTS 1. Madelene Arakelian, Owner of South Coast Refuse Corporation, addressed the Council and distributed a copy of a letter requesting re- interpretation of the bid proposal dated December 28, 1993 by the General Services Department for hauling and recycling of asphalt, concrete, :metals, green waste, and wood solid wastes, and the bid process that followed. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed the closing and /or changing of restaurant operators on the Balboa Peninsula the past several months. He also requested that the traffic signal synchronization on Newport Boulevard be reviewed. ORDINANCES FOR ADOPTION 25. Proposed ORDINANCE NO. 94 -1, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH REGARDING REGULATIONS OF SECURITY • GUARD UNIFORMS. Recycled report from Police Department. Motion x Notion was made by Mayor Turner to adopt All Ayes Ordinance No. 94 -1. Volume 48 - Page 30 MINUTES INDEX Street Name 70) 94 -1 CITY OF NEWPORT BEACH COUNCIL MEMBERS CRLL S January 24, 1994 M Al es Motion All Ayes Motion All Ayes M All yes M A es x x x x x 26. APPOINTMENTS BY THE CITY COUNCIL TO THE BICYCLE TRAILS CITIZENS ADVISORY COMMITTEES for a one -year term expiring December 31, 19941. Motion was made by Council Member Sansone (District 6) to confirm the following: Appointment of Michael Kranzley and Reappointment of Cindy Gittleman. Motion was made by Council Member Cox (District 7) to confirm the following: Appointment of Paul Watkins. CURRENT BUSINESS 27. Report from Assistant City Manager regarding ECONOMIC DEVELOPMENT COMMITTEE. Motion was made by Mayor Turner to confirm the following appointments: Jim Wood, Representative of Corona del Mar Chamber of Commerce; and Don Glasgow, Alternate. 28. BUILDING CODE BOARD OF APPEALS. Motion was; made by Council Member Hart to accept the resignation of John W. Wikle, and to defer action on his replacement to a future date. 29. Report from Assistant City Manager regarding; CIOSA IMPLEMENTATION COMMITTEE. Helen Kieron, 3201 Fourth Avenue, Corona del Mar, addressed the Council and requested clarification of the purpose and intent of the subject committee. The City Manager outlined the contents of the proposed Resolution establishing this committee, and stated its duties and functions are to: 1) Monitor the status and implementation of CIOSA which was approved by the City Council in July 1992, and 2) Make recommendations to the City Council to successfully carry out the intent of the CIOSA. Motion was made by Mayor Turner to adopt Resolution No. 94 -6 establishing the CIOSA Implementation Committee, and to appoint Council Members Watt and Cox as members of said Committee. Volume 48 - Page 31 MINUTES Bicycle CAC (24) Bldg Code Board of 1ppeals (24) CIOSA Cmte (24) 94 -6 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ROLL CRLL S January 24, 1994 TAQiG"Y 30. Report from Assistant City Manager OC Airport regarding the JOINING OF ORANGE COUNTY (54) REGIONAL AIRPORT AUTHORITY (OCRAA). Motion x Notion was made by Mayor Turner to All Ayes approve the City's membership in the Orange County Regional Airport • Authority;; authorize the Mayor and City Clerk to execute the Joint Powers Agreement, and to appoint Mayor Turner as the City's representative and Council Member Hedges as the alternate. Council Member Hart expressed appreciation to Mayor Turner for the amount of work, time and energy he has put forth the past several months pursing the possibility of El Toro as a commercial. airport. 31. Adoption of NEW COUNCIL POLICY BOOK with Council exception of Policies G -1 and J -1. Policy Council Member Hart stated she had a suggested revision to Policy A -9. Mayor Turner stated he had a proposed deletion to Policy I -9. The City Attorney requested B -1 be removed from the Policy book so that it can be reviewed by the Aviation Committee and brought back at a future date. In view of the foregoing, motion was made by Pia or Turner to adopt the new Council Policy book with the exception of Policies A -9, B -1, G -1, I -9, and J -1. Sid Soffer, 900 Arbor Street, addressed the Council and asked for clarification on the enforcement of Council Policies as opposed to an Ordinance or Resolution. The City ,Attorney stated that Council Policies are intended to guide staff and administration in the day -to -day affairs of the City and they do not carry the same force of law as a Resolution or Ordinance. Regarding Policy A -9, Council Member Hart recommended that the words "whenever possible" in the third paragraph under General Guidelines be deleted, along with the second sentence, which would change the paragraph to read as follows: "Appointees to committees shall be residents of the City." Council Member Watt indicated she concurred with Council Member Hart's suggestion. Motion x Mayor Turner opposed the above change, and therefore, moved a motion to approve the language as originally submitted by staff. Volume 48 - Page 32 COUNCIL MEMBERS \, s ROLL CRLL A 140 Motion me • CITY OF NEWPORT BEACH X Ix Ix Ix Ix January 24, 1994 Council Member Debay stated that after serving on the Economic Development Committee and working with businessmen who have businesses in the area, but do not live in the City, she would favor Mayor Turner's motion. The motion was voted on and FAILED. In view of the foregoing, motion was made by Council Member Sansone to delete the words "whenever possible" in the first sentence of the subject paragraph, but to leave in the second sentence which reads as follows: "However, when exceptions are warranted, the reasons shall be so stated in that committee's enabling resolution." Mayor Turner asked Council Member Sansone if' it was his intent in making the motion, that residents outside the City would be allowed to serve on a committee if warranted, to which Council Member Sansone replied in the affirmative. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and indicated that even though he does not reside in the City, he does own properties in the City and felt he has equal rights as that of a resident to serve on a, committee. The motion made by Council Member Sansone was voted and carried. With regard to Policy I -9, Mayor Turner referenced. Item No. 4 which states as follows: "Prior to the dedication or naming of a park or public recreational facility for deceased persons, there should be a passage of six months from death before the Parks, Beaches and Recreation Commission acts upon the request and makes a recommendation to the City Council." Mayor Turner questioned the need to wait six months before naming a facility or park after a specific individual. Council Member Hart gave an historic perspective as to why the six months clause is included in the above policy, stating that there was an occasion in the past when a very popular Newport Beach resident passed away and there was an opportunity to immediately name one of the City buildings after that person; however, because of the existing policy and having to wait six months, the building was ultimately named after another individual. She stated that by waiting the six month period, emotions have time to settle, etc. Volume 48 - Page 33 MINUTES i11piri Council Policy CITY OF NEWPORT BEACH COUNCIL MEMBERS s ROLL CRLL January 24, 1994 Motion Ayes Noes Motion Ayes • x x x x x x x x Mayor Turner indicated he still would prefer Item No. 4 be deleted from the policy, and therefore, moved to adopt —Council Policy No. I -9 with -the removal of Item No. 4,-which motion FAILED. In view of the foregoing, motion was made by Council Member Cox to adopt Council Policy I -9 as recommended by staff. The meeting adjourned at 8:45 p.m. The agenda for this meeting was posted on January 20, 1994, at 8:30 a.m., on the City Nall Bulletin Board located outside of the City of Newport Beach Administration Building. Nayo ATTEST: Volume 48 - Page 34 MINUTES INDEX