HomeMy WebLinkAbout01/08/1996 - Regular MeetingROLL
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Present
Excused
Motion
All Ayes
Motion
All Ayes
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CITY OF NEWPORT
REGULAR COUNCIL MEETING
PLACE: Council Chambers
BEACH
MINUTES
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TIME: 7:00 p.m.
DATE: January 8, 1996
I
CLOSED SESSION - 5:00 a.m. (Refer to separate agenda
from City Attorney]
CLOSED SESSION REPORT PRESENTED: None
RECESSED AT 6:50 P.M.
RECONVENED AT 7:00 P.M. for regular meeting.
The City was presented with a lithograph of the Balboa
Pavilion by a representative of the Fritz Duda Company
who noted the picture is personally signed and from a
limited edition.
Mayor Pro Tern Debay presented a Proclamation of
Appreciation to Wanda Raggio for 15 years of dedicated
City Service as City Clerk and wishing her a happy and
healthy retirement.
Mayor Pro Tern Debay recognized and introduced
LaVonne Harkless, the new City Clerk who will begin work
on January 15, 1996.
Council Member Edwards presented Certificate of
Appreciation to Tom Naughton, accompanied by his wife,
Jean, for their many hours of volunteer service in reviewing
the Measure "S" petitions regarding a possible airport
solution. Mr. Edwards also congratulated the Naughton
on their 50th Wedding Anniversary. Mr. Edwards further
expressed appreciation to the other individuals who gave
of their time to the Measure "S" issue.
Council Member O'Neil commended Richard Luehrs and
Rush Hill of the Chamber of Commerce, and Rosalind
Williams of the Newport Beach Conference & Visitors
Bureau, who were instrumental in having Newport Beach
as the headquarters for Northwestern University for the
1996 Rose Bowl festivities.
x
x
x
x
x
ROLL CALL
x
x
x
Reading of Minutes of Meeting of December 11, 1995, was
waived, approved as written, and ordered filed.
x
Reading In full of all ordinances and resolutions under
consideration was waived, and City Clerk was directed to
read by titles only.
MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO
REPORT ON AT A SUBSEQUENT MEETING:
Council Member Waft requested staff contact other cities
and report back with a proposed policy regarding the
displacement and treatment of animals when new
developments occur, such as the Castaways.
Volume 50 - Page 1
NDEX
ROLL
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Motion
All Ayes
CITY OF NEWPORT BEACH
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MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE
ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT:
None.
CONSENT CALENDAR .
X
The following Items were approved, except for those Hems
removed:
ORDINANCES FOR INTRODUCTION_- Schedule for public
hearing on January 22, 1996:
1. Proposed ORDINANCE NO. 96 -1,
AMENDING TITLE 20, CHAPTER 20.33 TO LIMIT
AUTOMOBILE STORAGE, REPAIR, AND
DETAILING USES WITHIN THE RSC, APF AND
RMC DISTRICTS (PLANNING COMMISSION
AMENDMENT NO. 833). [Report from
Planning Department]
2. Proposed ORDINANCE NO. 96-2.
AMENDING A PORTION OF DISTRICTING MAP
NO. 31 ESTABLISHING A FRONT YARD
SETBACK OF 33 FEET FROM THE NEWLY
ESTABLISHED FRONT PROPERTY LINE ON LOT
NO. 27, HAMPDEN ROAD, AS WELL AS AN
EASTERLY SIDE YARD SETBACK OF )5 FEET
(PLANNING COMMISSION AMENDMENT NO.
838). [Report from Planning Department]
RESOLUTIONS FOR ADOPTION
3. Removed from the Consent Calendar.
4. Removed from the Consent Calendar.
5. Resolution No. 96 -3, ordering the SUMMARY
VACATION AND ABANDONMENT of an unused
easement for sewer purposes recorded on June 27,
1962 in Book 6159, Pages 460 -463 of Official
Records located in Lot 169, Block 2 of Irvine
Subdivision as shown on a map recorded in Book
1, Page 88 of Miscellaneous Maps, records of
Orange County. California (City Clerk to send
resolution to Orange County Recorder to be
recorded). [Report from Public Works Department]
CONTRACTS AND AGREEMENTS
6. EMPLOYMENT AGREEMENT with LaVonne Harldess.
[Report from City Manager]
7. ELKS LODGE PARKING AGREEMENT. [Report from
Assistant to the City Manager]
Volume 50 - Page 2
MINUTES
INDEX
Ord 96 -1
Zoning
(94)
PCA 833
Ord 96 -2
Zoning
(94)
FaQ- FW-TciE:l
Vacation
Res 96 -3
(90)
City Clerk
C -3080 (38)
Elks Lodge
Pkg Agm
C -1634 (38)
ROLL
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January 8, 1996
INDEX
8. PERSONNEL VACANCIES - [Report from
(66)
Administrative Services Director]
9. CLAIMS - For Denial by the City Manager.
(3 6 )
Irving Burg alleging City sewer backup resulted in
backup of toilet facilities on December 14, 1995, at
2301 Bayside Drive; seeking reimbursement of $129
for plumbing expenses.
Tiffany and Chris Hawthorne (Application to Present
Late Claim) alleging wrongful death of their father
as a result of accident on February 10. 1995 at
Irvine Avenue and Westcliff Drive.
Neal Ellis alleging City tree roots caused damage
to toilet drain at 621 Begonia Avenue on
November 19, 1995.
Richard Gregerson alleging personal injuries while
riding his bicycle on Ford Road east of MacArthur
Boulevard on June 5, 1995.
George H. Jones alleging portion of supporting
beam damaged by tractor while grading beach
at area in front of 904 S. Bay Front on May 24, 1995;
seeking reimbursement of $150.
Dorothy L. Russell alleging personal injuries from trip
and fall on December 17, 1995, as result of large
crack in concrete on 116 Marine, Balboa Island.
David Simmes alleging vehicle damage as a result
of improper signage at Ford Road near Southern
California Edison building on November 23, 1995.
Valentine Vincent alleging personal injuries as a
result of trip and fall over temporary roadway sign
at PCH near Newport Classic Inn on October 27,
1995.
10. PLANNING COMMISSION AGENDA - January 4,
(68 )
1996.
11. PUBLIC HEARING SCHEDULING: January 22, 1996 -
Appeal of Marilyn Moore on USE PERMIT NO. 3571,
U/P 3571
(Bricks Restaurant) John McLaughlin, Applicant.
(B B )
Volume 50 - Page 3
CITY OF NEWPORT BEACH
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January 8, 1996
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12. $EMS OPERATIONAL AREA AGREEMENT
O/C Oper i
PARTICIPATION - Designate the Mayor as the City's
EMO /SEMS
representative to the Orange County Operational
C -3072
Area Council and the Mayor Pro Tern as the
(3 8 )
alternate: designate the Fire and Marine
Department Operations Deputy Chief as the City's
representative to the Orange County Emergency
Management Organization (OCEMO) and the Fire
and Marine Department Training Battalion Chief as
the alternate; and designate the Fire and Marine
Department Operations Deputy Chief as the City's
primary after hours /emergency contact person
and the Police Department Watch Commander as
the alternate. (Report from Fire and Marine Chief)
13. SALE OF FIRE ENGINE - Approve sale of City Vehicle
GS
2420, a 1969 Fire Engine, to the CITY OF ENSENADA.
(44 )
MEXICO for the sum of $5,000. [Report from
General Services Director]
14. A- TROJAN DISPOSAL - Extend the date for A- Trojan
GS
to file its acceptance of the SOLID WASTE
(4 4 )
FRANCHISE to December 15, 1995. [Memorandum
from Assistant City Attorney]
•
15. Removed from the Consent Calendar.
16. VIA LIDO WATER & SEWER MAIN REPLACEMENT
Via Lido
PROJECT (CONTRACT NO. 3062) - Accept the work;
Swr Mn Rp
authorize the City Clerk to file a Notice of
C -3062
Completion and release the bonds 35 days after
(3 8 )
the Notice of Completion has been recorded in
accordance with applicable portions of the Civil
Code. [Report from Public Works Department]
17. GREEN ACRES RECLAIMED WATER PROJECT BONITA
Green Acr
CREEK PARK IRRIGATION IMPROVEMENTS
Bonita Cr
(CONTRACT NO. 3055) - Accept the work; authorize
Park
the City Clerk to file a Notice of Completion and
C -3055
release the bonds 35 days after the Notice of
(3 8 )
Completion has been recorded in accordance
with applicable portions of the Civil Code. [Report
from Public Works Department]
18. MACARTHUR BOULEVARD WIDENING (CONTRACT
MacArth B
NO. 2825) SEGMENT 1 PACIFIC COAST HIGHWAY TO
Wdng /Seg
1000 FEET NORTH OF SAN JOAQUIN HILLS ROAD -
PCH
Accept and authorize the Mayor and the City
C -2825
Clerk to execute each of the following documents
(38 )
•
on behalf of the City: 1)Two Highway Easement
Deeds, one Slope and Drainage Easement Deed,
one Bike Trail and Pedestrian Easement Deed, and
six Right -of -Entry Permits involving property
affected by Segment 1 street construction;
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January 8, 1996
INE
2)Approve and authorize the Mayor and City Clerk
to execute a Bike Trail and Pedestrian Quitclaim
Deed; and 3)direct the City Clerk to have the five
Deeds recorded with the Orange County
Recorder. [Report from Public Works Department]
19. YELLOW CAB EXPRESS - Uphold staff's
Yellow C
recommendation to approve the issuance of a
(2 7 )
certificate of public convenience and necessity to
operate the three vehicles listed on the attached
application from Yellow Cab Express.
[Memorandum from Revenue Manager]
20. BUDGET AMENDMENTS
(40)
BA -023, $10,000 - To hire technical and legal
experts to study the IRVINE RANCH WATER
DISTRICT'S PROPOSAL to transfer reclaimed water to
the BAY; City Attomey /Services - Professional &
Technical.
BA -024, $775,000 -To transfer various capital
appropriations to reflect MID -YEAR PROPOSED
ADJUSTMENTS; General Fund/Various Cap Projects
& Gas Tax Fund/Various Cap Projects.
[Memorandum from Public Works Director]
BA- 025, $4,490 - To appropriate unexpected
donations from the NEWPORT BEACH PUBLIC
LIBRARY FOUNDATION; Library Services -
Administration /Office Equipment. [Memorandum
from Community Services Director]
BA -026, $1,618,961 - To provide for MID -YEAR
REVENUE REVISION 1995 -96.
ITEMS REMOVED FROM THE CONSENT CALENDAR
3. Proposed Resolution approving a LEGISLATIVE
Legislat
ADVOCACY AGENDA FOR 1996.
Advocacl
(35)
Tom Hyans, President, Central Newport Beach
Community Association, addressed the Council
and recommended the following revisions to the
proposed policy:
I. FINANCE
1. Objective: Seek new funding sources,
protest existing revenues and pursue opportunities
to mitigate the impact of the ever - increasing cost
of novemment upon the taxpayers and business
community of Newport Beach.
(d) Support measures which ensure the
retention of existing local, legal revenue ....
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Ayes
CITY OF NEWPORT BEACH
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January 8, 1996
INDEX
II. REGIONAL GOVERNANCE
I. Objective: Promote opportunities for
regional cooperation that do not infringe on local
areas of authority without offsettina fiscal benefit.
(c) Oppose measures that create or grant
..... clearly local concerns without offsetting fiscal
benefit.
IV. AIRPORT
Add:
ldl Support measures limiting the phvsical
airport (runways, oatesi to those existent at 12/31/95
The City Manager referenced a Supplemental
Report on this subject that discusses an
amendment to the Coastal Act of 1976 which
would result in greater City autonomy for land use
decisions in areas currently in the Coastal Zone,
and recommended staff be authorized to pursue
said amendment to the California Coastal Act
(PRC, Division 20) to change the City's Coastal
Boundary Zone as set forth in this report.
Relative to the suggestions of Mr. Hyans, the City
Manager indicated he had no objections to the
proposed language.
Council Member Glover referenced the NOW,
THEREFORE BE IT RESOLVED paragraph in the
subject resolution, and suggested language be
added whereby a copy of all letters written on City
stationery be forwarded to City Council. She also
asked for clarification of Item I (a) under
TRANSPORTATION, wherein the City Manager noted
this particular paragraph is a "very wide umbrella"
and essentially it would indicate in the course of
action in Sacramento that the City's position
would be to support those issues which give the
City the ability to finance either maintenance
activities, widening activities, new construction,
etc.
x
Hearing no further comments, motion was made
Res 96 -1
by Council Member Edwards to adopt Resolution
No. 96 -1, with the change suggested by Council
Member Glover, and the proposed revisions
recommended by Tom Hyans.
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4. Memorandum from Administrative Services Director
Finance /Wtr
relating to the CITY'S WATER REVENUE BONDS,
Revenue Bonds
SERIES 1994.
(4 0 )
The City Manager noted that the subject staff
report recommends that the City Council approve
the subject resolution authorizing the replacement
of the Water Revenue Bond Reserve Fund with a
surety bond provided by AMBAC Indemnity
Corporation, and authorizing the use of the funds
to help construct the Groundwater Project.
However, the "use of the funds to help construct
the Groundwater Project" was not included in the
recommendation on the agenda intentionally, as
staff would like to make it clear that any funds
which would be returned to the Water fund as a
result of this action would go back to fund
balance, and before any allocation of funds can
take place it would need City Council approval.
Motion
x
Council Member O'Neil stated that with the above
Res 96 -2
All Ayes
clarification, he would move to adopt Resolution
No. 96 -2, as presented, relating to the CITY'S
WATER REVENUE BONDS, SERIES 1994, authorizing
replacement of the Reserve Fund with a Surety
Bond, and approving certain actions in
connection therewith.
15. Memorandum from Assistant City Attorney
Rhine channel
regarding TIDELANDS PROPERTY ALONG THE RHINE
Tidelands
CHANNEL, recommending City Manager be
Property
authorized to execute ACCEPTANCE OF QUITCLAIM
(51)
DEEDS from the County of Orange and the upland
property owners and authorize the Fire /Marine
Department to amend the existing Harbor Permits
to add the 11 foot strip to the existing permits.
Council Member O'Neil stated he removed this
item from the Consent Calendar due to a conflict
of interest and therefore, will be abstaining on the
motion.
Motion
x
Motion was made by Council Member Edwards to
Ayes
x
x
x
x
approve the recommended action.
Abstained
x
•
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CITY OF NEWPORT BEACH
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PUBLIC HEARINGS
21. Mayor Pro Tern Debay opened the public hearing
GPA 95-1(A)/
regarding GENERAL PLAN AMENDMENT 95 -1 (A)
LCPA 41
AND LCP AMENDMENT 41 (CALTRANS PROPERTIES) -
Caltrans
An amendment to the Land Use Element of the
(45 )
General Plan and the Local Coastal Program Land
Use Plan to: Redesignate a residual parcel located
on the northeast comer of the intersection of Coast
Highway and Superior Avenue from Governmental,
Educational, and Institutional Facilities to
Recreational and Environmental Open Space; add
an area description for the Caltrans Residual
Parcel; and increase the residential development
allocation from the Caltrans West property by 8
dwelling units to a total of 160 dwelling units.
Report from Planning Department.
Patrick J. Alford, Senior Planner, stated the purpose
of the proposed amendment to the Land Use
Element and the Local Coastal Program Land Use
Plan is to:
1) Redesignate a residual parcel located
on the northeast comer of the intersection of Coast
Highway and Superior Avenue from Governmental,
Educational, and Institutional Facilities to
Recreational and Environmental Open Space,
2) Add an area description for the Caltrans
Residual Parcel, and
3) Increase the residential development
allocation for the CalTrans West property by 8
dwelling units to a total of 160 dwelling units.
Hearing no one wishing to address the Council, the
public hearing was closed.
Mayor Pro Tern Debay stated that the residents in
West Newport have been pursuing this issue for a
long time, and commended the staff for working
with Caltrans in bringing this to such a good
conclusion.
Motion
x
Motion was made by Mayor Pro Tern Debay to
Res 96 -4
All yes
adopt Resolution No. 96 -4, approving General
Plan Amendment 95 -1(A); and Resolution No. 96 -5,
adopting Local Coastal Program Amendment No.
41.
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22. Mayor Pro Tern Debay opened the public hearing
CDBG FY1996 -7
regarding APPLICATION FOR FY 1996 -97
(87 )
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS.
Report from Planning Department.
Craig Bluell, Principal Planner, stated that this
hearing is at the beginning of the CDBG process
and primarily an opportunity for the residents and
other agencies who serve the community to come
before a public body and state their needs.
Phil Sansone, representing the Board of Directors,
Friends of Oasis, stated that their organization is the
support group for the City's senior citizens and
have a membership of 5,000. Through their
donations, they keep over 100 programs in
operation at the Center. They do not canvass the
entire City for funding, and operate by way of
membership dues and donations. Their current
budget is $198,000. He noted that 20% of the
population in the City is seniors, and requested
that if at all possible, low cost housing be provided
•
in this CDBG allocation. He also urged that
support be given for expanding their caravan and
shuttle service.
Robert Weber, 420 Heliotrope Avenue,
representing Orange County Homeless Issues Task
Force, stated he concurred in the comments of
Mr. Sansone regarding the need for affordable
housing in the.City. He noted that in the past
fourteen years, 44% of the City's CDBG funds have
been allocated to land acquisition to assist
developers in providing affordable housing. He
stressed the need for housing units, and urged that
adequate CDBG funds be set aside for this
purpose.
Debby O'Connor, Executive Director, FISH (Friends
in Service to Humanity) Harbor Area, stated their
organization has been in Newport Beach since
1968 and this past year they assisted 277 clients in
the City in the area of homeless prevention.
Approximately 200 of their volunteers are residents
of Newport Beach. She described their programs
and stated they also work closely with SPIN. She
stated the needs they provide have increased,
•
and she is hopeful the City will continue to
approve CDBG funding for their organization.
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Zoe Simensen, 2185 Vista Entrada, President,
CDBG
Orange County Council on Aging - Long Term
Care and Ombudsman Service Board of Directors,
stated they have 836 residents in board and care
and skilled nursing facilities that they monitor and
serve. Their program includes regular and frequent
unannounced visits to all facilities in the County,
assistance to residents and families in selecting a
long term care facility or a board and care
assisted living facility. They also monitor resident
complaints with investigation and resolution and
the quality of care provided to the residents. The
services they provide are critical, and she is
hopeful their request for funding will be approved.
Jean Wegener, 2108 Vista Entrada, Executive
Director of SPIN (Serving People in Need), stated
their organization meets the three goals outlined in
the staff report, and that they provide moving
costs for low income housing, suitable living
environment through donated furniture, necessary
household equipment, and personal counseling to
individual families. They also provide economic
opportunities through job referrals and access to
job training programs. Eleven of their Board
Members are residents of Newport Beach and the
majority of their over 200 volunteers also reside in
the City.
Cathy Cook, representing Olive Crest, stated they
provide care for abused, abandoned and
neglected children. They currently have 22 group
homes which consists of over 130 children and over
200 children in foster care. She thanked the
Council for past funding, and stated their request
this year is $10,000 which they hope to use for
maintenance cost of their homes.
Janine Limas, representing Interval Crisis Shelters,
stated they operate three shelters and one
outreach center. She described some of the new
programs they provide such as legal advocacy,
prevention and education. They are also going to
be implementing a teen violence program and will
be taking it into the schools. The need for their
services is dramatically illustrated by statistics last
year of the number of domestic violence calls.
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Melinda Guinaldo, 1981 Orchard Drive, Director,
CDBG
Assessment and Treatment Services Center (ATSC),
stated they are a non - profit family counseling
center which incorporated in 1972 and have been
located in Newport Beach since that time. Their
children are referred to them by either a school or
law enforcement. They never charge a fee for
their service and are 90% funded by the private
sector. They are also providing intervention
services at the elementary schools two days a
week due to the Orange County Bankruptcy.
Mr. Blue[[ addressed the Council again and stated
that the applications for CDBG funding have been
mailed to all interested agencies and are due
back February 7. Staff will review these
applications and make a recommendation to the
City Council sometime in March.
Motion
x
Hearing no other comments, the public hearing
All Ayes
was closed, and motion was made by Council
Member O'Neil to direct staff to prepare the draft
FY 1996 -97 CDBG APPLICATION for future citizen
review and comment and City Council review and
•
approval.
PUBLIC COMMENTS
• Larry Rhinehart, Intergovernmental Affairs Director,
South Coast Air Quality Management District, Diamond
Bar, distributed an informational packet and updated
the Council on their programs. He also stated his
office was available to assist the City Council in any air
quality issues that may be of concern to them.
• Ron Kennedy, 550 Hazel Drive, read the contents of a
letter he had received from the California Coastal
Commission dated January 8, 1996 regarding Irvine
Coast Local Coastal Program and the Toll Road issue
on Newport Coast Drive. He requested the City
Council set aside some time at future meeting for
discussion of this item.
• Susan Skinner, 2421 E. 16th Street, discussed the
proposed IRWD's Water Wetlands Supply project and
their desire to dump 5 million gallons a day of treated
sewage into Upper Newport Bay. The City Council has
•
opposed this project and at the time that vote was
taken, Mayor Hedges made a comment that the fixed
costs that IRWD is paying for will be borne by others if
IRWD is unable to withdraw the sewage that is now
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January 8, 1996
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going up to the Orange County Sanitation District, and
•
subsequently be allowed to go into the Bay. She
verified this comment with the Sanitation District and
found it to be true, and as a result, upward of $10
million will be distributed among the other people that
use Orange County Sanitation District, including
Newport Beach. Therefore, sewage fees will be
increased. She requested the City Council notify other
neighboring cities of this possible sewage increase,
and to also lobby legislators to pass legislation
preventing this discharge into the Bay.
Bob Cuastin, 58 Beacon Bay, representing Defend the
Bay Committee, distributed a copy of a letter from
Richard M. Gersberg, Graduate School of Public
Health, San Diego State University, regarding his
comments to the Draft and Final EIR for the IRWD's
proposed Wetlands Water Supply Project. He
discussed the contents of the subject letter, particularly
nitrate removal. He also stated that he has not had
time to personally review the recent addendum to the
EIR, but urged that the City Council lobby legislators
regarding the dumping of raw sewage into the Bay as
suggested by speaker Susan Skinner.
•
The City Attorney advised that on behalf of the City,
his office sent a letter to IRWD today objecting to their
use of the addendum process to expand the scope of
the Wetlands Water Supply Project, and that copies of
that letter will be distributed to the Council and Mr.
Caustin.
ORDINANCES FOR ADOPTION
23. Proposed ORDINANCE NO. 95 -67,
Ord 95 -67
Solid Waste
ADDING SECTION 12.63.070 (F) PERTAINING
Franchise Fee
TO FRANCHISE FEES FOR SOLID WASTE.
(4 4 )
Recycled report dated December 11, 1995 from
Assistant City Attorney.
The City Manager noted that on November 27,
1995, the City Council adopted an Ordinance
which requires Solid Waste Haulers operating in the
City to obtain a franchise (Ordinance No. 95 -63).
The City Council also adopted Ordinance No. 95-
64 which granted franchises to 14 Solid Waste
Hauling businesses currently operating in the City.
•
The City Council directed staff to prepare a
proposed amendment to Ordinance No. 95-63
which would require the franchisee to include the
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franchise fee and the environmental liability fund
fee on its invoices to its customers. The proposed
Ordinance makes that amendment and was
introduced on December 11, 1995.
Motion
x
Hearing no comments, motion was made by
Ayes
x
x
x
x
Council Member Edwards to adopt Ordinance No.
Abstained
x
95 -67.
24. Proposed ORDINANCE NO. 95 -68,
Ord 95 -68
Parking Non -
ADDING SECTION 12.40.055 REGULATING
motorized
THE PARKING OF SPECIFIC OVERSIZED AND
Vehicles
NON - MOTORIZED VEHICLES IN RESIDENTIAL
(85)
DISTRICTS AND RESCINDING ORDINANCE
NO. 83-12.
Recycled report dated December 11, 1995, from
Traffic Affairs Committee.
Letters requesting action be deferred; citing
considerable hardship if the ordinance is adopted,
and urging vote be delayed to give those
affected to properly study, research and respond.
.
Lt. Tim Newman, Traffic Services Commander,
advised that the existing Ordinance allows a
person who owns a recreational vehicle to park on
the street indefinitely in the City, and by moving
the vehicle every three days, they avoid the 72
hour Ordinance regulating abandoned vehicles.
He referenced his Supplemental report which
noted that at the December 11, 1995 City Council
meeting, the proposed Ordinance amending
Section 12.40.055 of the Municipal Code regulating
the parking of specific and oversized and non-
motorized vehicles in residential districts was
introduced and passed to second reading. Since
that date, staff has become aware that certain
crew cab pick -up trucks have four doors and are
20.8 feet long (without a rear bumper) which
exceeds the 20 foot length limit in the proposed
amended Ordinance. By modifying the proposed
Ordinance to provide for a 22 foot length limit,
these crew cab pick -ups would be exempted from
the large vehicle Ordinance. An oversized motor
vehicle is being defined in the new Ordinance as
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84 inches or more in width and more than 84
inches in height or more than 22 feet in length. He
also recommended the following additional
change to the subject document: Amend Section
12.40.055 G (1) to read, "Large motor vehicles
parked for less than 24 consecutive hours and
parked adjacent to the owner's residence for the
purposes of loading and unloading."
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The following persons addressed the Council in
Non - motorized
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opposition to the proposed Ordinance:
Vehicles
Bob Rossen, 216 36th Street
Kenneth Q. Lindahl, 202 Grand Canal
F.W. Shaw, 504 Fullerton Avenue
Bob Calkins, 124 Crystal Avenue
Donald Ramsay, 301 Enerd Avenue
Herb Stricker, 300 E. Coast Highway
Herbert Foss, 3901 Marcus Avenue
Donald Bernhard, 227 Sapphire Street
Some of the concems expressed by the above
speakers were as follows: 1) the existing Ordinance
regulating RV's is reasonable and should not be
changed, but possibly better enforced; 2)
provisions should be made in the proposed
Ordinance to allow 72 hours for the loading and
unloading, particularly since it takes 24 hours just to
get the refrigeration units operable as well as to
charge their batteries; 31 the proposed Ordinance
should be taken under advisement until some of
the RV community has met with the Traffic Affairs
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Committee as well as the Police Department to
discuss potential problems; and 4) people who
own a motor home have paid a substantial fee to
the State for their licenses and they should have as
much right to store their vehicle on the street as
any other person who leaves a vehicle on the
street for more than 24 hours.
The following persons appeared in favor of the
proposed Ordinance as presented:
Gary Shofstall, 3701 W. Balboa Boulevard
Marsha Dossey, 109 26th Street
Jeff Vieth, 2120 Aralia Street
Terrie Beaver, 2207 Aralia Street
Tom Peddit, Balboa Peninsula
It was indicated by the above speakers that they
felt: 1) the proposed 24 hour limit for loading and
unloading was adequate, and that the Police
Department should only enforce the Ordinance
upon resident complaint, 2) the proposed
Ordinance will eliminate the abuses that for so
long have gone unaddressed, 3) recreational
vehicles can cause a visibility problem, and
.
therefore, the safety issue should be considered,
and 4) visiting recreational vehicles from another
area should not be allowed to park in front of
someone else's home and take up that resident's
parking space.
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Alberg Sandberg, 115 Crystal Avenue, indicated he
Non - motorized
was neither for nor against the proposed
Vehicles
Ordinance, but asked for clarification regarding
boat trailers and items on top of vehicles, such as
kayaks, to which staff responded.
Steve Stafford, 3250 Broad Avenue, suggested staff
investigate the possibility of Implementing some
type of "exemption sticker" program for the RV
owners who need to park in front of their home for
loading and unloading for whatever period is
necessary. He also suggested No Parking signs be
posted on blind comers which would prevent large
vehicles from causing a visibility problem.
Council Member Waft stated that inasmuch as
there has been some valid testimony regarding the
proposed 24 hour loading and unloading issue, she
felt that possibly staff should meet with the RV
people to discuss this further.
Discussion ensued regarding the possibility of an
"exemption sticker" as suggested by Mr. Stafford,
wherein Lt. Newman stated he felt this type of
program could be handled by telephone from the
RV owner to the Police Dispatcher, and indicated
he would get together with the City Attorney to
add the proper language to the proposed
Ordinance.
Motion
x
Hearing no further comments, motion was made
All Ayes
by Council Member 'Edwards, to direct staff to
come back on January 22 with the additional
language and amendments as discussed in the
foregoing for re- Introduction of this Ordinance, and
further, to delete reference to rescinding Ordinance
No. 83 -12 in the title of the Ordinance as
recommended by the City Attorney.
CURRENT BUSINESS
25. Report from Assistant to the City Manager
0/C Council
regarding ORANGE COUNTY COUNCIL OF
of Govts
GOVERNMENTS.
(54 )
Peggy Ducey, Assistant to the City Manager, noted
that after close evaluation over the past nine
months, a Task Force of the Orange County
•
League of Cities and the Orange County City
Managers' Association has endorsed the formation
of the Orange County Association of
Governments. The purpose of the Association is to
formalize existing city /county relationships, and
allow a unified voice to advocate for Orange
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County interests on regional issues. Orange County
O/C Council
is now requesting support from cities by approving
of Govts
a formal resolution endorsing the creation of the
Association. The Orange County League will be
taking up this issue this Thursday evening.
Rick Bishop, Regional Issues Consultant, Orange
County League of Califomia Cities, gave an
overview of the regional planning activities in the
County to date, and the proposed Council of
Government functions, as enumerated in a hand-
out distributed to the City Council.
Darryl Halls, Legislation and Policy Development,
Orange County League of California Cities,
summarized the COG benefits identified by City
Managers and League's Executive Steering
Committee as follows:
1) Formalizes RAPC (or variation); improves
OC standing in communicating within southern
California Region.
2) Proposed COG's, allows for true
subregional consensus- building on wide range of
activities.
3) Provides needed forum of elected
officials for real restructuring
examination /discussions to occur.
4) Achieves significant costs savings by
coordinating on issues and activities of common
concern.
5) Moves Cities to forefront in addressing
OC regional /subregional issues.
Mayor Pro Tern Debay stated that she has been a
part of this process inasmuch as she is the City's
SCAG representative and sits on RAPC, and has
seen the work that has been put into this proposal.
She noted that participating jurisdictions would not
have additional funding requirements, and that
League staff which now provides support to RAPC
would continue as staff to the Association.
Discussion ensued regarding the difficulties in
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"getting things done" because of too many public
agencies within the County and the conflict
between those agencies, and it was indicated that
COG will be looking at consolidating some of
these organizations in this process in hopes of
providing more effective public service.
Volume 56 - Page 16
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Ayes
Motion
All. Ayes
0
Motion
All Ayes
Motion
All Ayes
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Council Member Glover stated that she has
enjoyed her relationship with the League since
being elected to the City Council and has met a
number of other Council Members throughout the
County. She stated it has been a great learning
experience for her, and as a result, she respects
what other cities are doing. She also feels this
proposal will serve a positive function, and
therefore, made a motion to adopt Resolution No.
Res 96 -1
96 -6, supporting the formation of on Orange
County Council of Government.
CONTINUED BUSINESS
26. Memorandum from Assistant City Manager,
Balboa
Planning and Building regarding BALBOA
Plannin<
PENINSULA PLANNING ADVISORY COMMITTEE.
Advisor:
(24)
X
Motion was made by Council Member Edwards to
adopt Resolution No. 96 -7, extending the term of
Res 96-
the BALBOA PENINSULA PLANNING ADVISORY
COMMITTEE to April 30, 1996; and defer
appointments to the following vacancies on the
ECONOMIC DEVELOPMENT COMMITTEE to January
Economi
22,1996:
Cmte
Local Organtzation Representatives:
Representative from Newport-Mesa Assn.
Realtors
City Business Districts Representatives:
Representative from Cannery Village
27. Representatives to JOINT GOVERNMENTAL
Jt. Govi
COMMITTEES.
Cmte s
X
Motion was made by Council Member O'Neil to
confirm appointment of City Manager or his
designee (Non - Council Member) to Orange
County Vector Control District Board of Trustees.
28. CITIZENS ADVISORY COMMITTEES.
CAC
x
Motion was made by Mayor Pro Tern Debay to
confirm the following:
Bicycle Trails Citizens Advisory Committee
(District 1) Mayor Hedges' appointments deferred
to January 22, 1996
(District 2) Mayor Pro Tern Debay's reappointment
of Val Skoro and Cindy Gittlemqn.
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(District 3) Council Member Glover's appointments
CAC
deferred to January 22, 1996.
(District 4) Council Member Edwards'
reappointment of Eugene Kaliher and Robert
Sattler.
(District 5) Council Member Watt's remaining
appointment deferred to January 22, 1996.
(District 6) Council Member O'Neil's reappointment
of Norman Moyer and appointment of Stanley
Bercovitz-
Environmental Quality Affairs Citizens Advisory
Committee
(District 1) Mayor Hedges' appointments deferred
to January 22, 1996.
(District 21 Mayor Pro Tem Debay's appointment of
Tina Siemons and Leslie Alpert.
(District 3) Council Member Glover's
reappointment of Susan Hogan and Ed Hepner.
(District 5) Council Member Waft's appointment of
Ben Schmid.
(District 6) Council Member O'Neil's reappointment
of Nancy Gardner and appointment of Allen
Murray.
Harbor Qualify /Citizens Advisory Committee
(District 1) Mayor Hedges' appointment deferred to
January 22, 1996.
(District 2) Mayor Pro Tern Debay's reappointment
of Susan Leifer.
(District 3) Council Member Glover's reappointment
of Arthur Lewis.
(District 6) Council Member O'Neil's reappointment
of Miriam Mayell.
i
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Meeting adjourned at 10 p.m., in memory of Bob Moody,
retired Naval Reserve Commander and long time resident
of Newport Beach, active in civic and political affairs, who
passed away on December 16, 1995.
The agenda for this meeting was posted on January 4,
1996 at 8:15 a.m., on the City Hall Bulletin Board located
outside of the City of Newport Beach Administration
Building.
Mayor
ATTEST:
City Clerk:
9
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