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HomeMy WebLinkAbout01/22/1996 - Regular Meeting (2)ROLL CALL • Present Excused Motion All Ayes Motion All Ayes r M A es CITY OF NEWPOR.r BEACH REGULAR COUNCIL MEETING DI ArF. r........il rr.,-...9% .. MINUTES J A m M TIME: 7:00 P.Mv - H W M QMu W W >t- DATE: January 22, 1996 Z 3Q]CIXOF- O Q W W MXUOX W O J Q 7� INL CLOSED SESSION - 5:30 P.M. (Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED - None RECESSED AT 7:00 P.M. RECONVENED AT 7:00 P.M. for reaular meeting City Manager Murphy presented a proclamation to Ken Delino, Assistant City Manager Planning /Building, in Appreciation for his dedicated City service, and wished him success in his new job. Council Member Edwards echoed his sentiments, as well as Mayor Hedges. x x x x x x ROLL CALL x x Reading of Minutes of Meeting of January 8, 1996, 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: None. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None. (Note: During discussion of Recreational Vehicle Ordinance No. 95- 68(item 18), Council Member Watt requested that an ordinance to prohibit parking of an oversized vehicle within 100 feet from an intersection be placed on a future agenda.) CONSENT CALENDAR Prior to acting on the Consent Calendar, City Clerk Harkless reported that Supplemental Item (S -22) was incorrectly noted as a Consent Calendar item and requested that it be considered under Current Business. x The following items were approved, except for those items removed, which are items 3 - 6 and 8 [Planning Commission Item 6 only): Volume 50 - Page 28 IEX ROLL CALL • • CITY OF NEWPORT BEACH 1996 ebruary 12, 1996: ,96-3, APPROVAL TO THE CITY UNENDMENT NO. 840 ION OF DISTRICTING MAP THE PROPERTY FROM THE THE "RSC 110,000 sq" 4NING COMMISSION 40). V 12, 1996 .96-4, ER 5.10 OF THE NEWPORT 1. CODE RELATING TO VITS. it Calendar. if Calendar. if Calendar. - Removed from the City Manager eging personal property oartment from 401 -1/2 N. ar 25, 1995; seeking f. ng vehicle damage on esult of construction sign ing onto it; seeking eral irrigation lines (Quail landscaping at 3840 en, cutting off water to iters on December 20, int of $450. ige 29 MINUTES INDEX Ord 96 -3 Zoning (94) PCA 840 Ord 96 -4 Special Evnt (27) (36) N W >- w W January 22, W zQwwo CEM0 >r °Q - I W g 2 U 0 x ORDINANCES FOR INTRODUCTION Scheduled for public hearing on 1 1. Proposed ORDINANCE NO RECOMMENDING COUNCIL OF / AMENDING A PORI NO. 48, REZONING "U" DISTRICT TO DISTRICT (PLAI AMENDMENT NO. E Passed to 2nd reading on Februar 2. Proposed ORDINANCE NO AMENDING CHAPT BEACH MUNICIPA SPECIAL EVENT PER RESOLUTIONS FOR ADOPTION 3. Removed from the Conser 4. Removed from the Conser CONTRACTS AND AGREEMENTS 5. Removed from the Conser 6. PERSONNEL VACANCIES Consent Calendar. 7. LC AIMS - For Denial by the R. Stephen Eichenlaub all taken by City Refuse Deg Bay Front on Octob reimbursement of $5,921.1 Michael T. Johnson alleg December 14, 1995, as a i on River Avenue fall reimbursement of $902.16. MIF Realty L.P., alleging lai Street) serving adjacent Campus Drive were brok several landscaped plat 1995; seeking reimburseme Volume 50 - Pc 1996 ebruary 12, 1996: ,96-3, APPROVAL TO THE CITY UNENDMENT NO. 840 ION OF DISTRICTING MAP THE PROPERTY FROM THE THE "RSC 110,000 sq" 4NING COMMISSION 40). V 12, 1996 .96-4, ER 5.10 OF THE NEWPORT 1. CODE RELATING TO VITS. it Calendar. if Calendar. if Calendar. - Removed from the City Manager eging personal property oartment from 401 -1/2 N. ar 25, 1995; seeking f. ng vehicle damage on esult of construction sign ing onto it; seeking eral irrigation lines (Quail landscaping at 3840 en, cutting off water to iters on December 20, int of $450. ige 29 MINUTES INDEX Ord 96 -3 Zoning (94) PCA 840 Ord 96 -4 Special Evnt (27) (36) CITY OF NEWPORT BEACH 1►R T XTr TT L+ r ROLL CALL ~ Z o X 3p¢ggXOF~- W } ; W _ U w ; X i�a a 1 � V a • "a 1J January 22, 1996 INDEX • Donna Mills alleging damage to auto as a result of flooding in area due to unclogged storm drains at 42nd Street and River Avenue on December 23, 1995. Kyle Norton seeking reimbursement to replace car and house keys, etc., which were taken by Police Department on December 28, 1995 and not returned when searching vehicle at Not Just Java Coffee House, Newport Boulevard and Lido. [Report from Police Department for City Council only] Arnt G. Bud Quist alleging property damage as a result of root problem from City -owned tree on December 6. 1995 at 2957 Catalpa Street. 8. PLANNING COMMISSION AGENDA dated January 18, 1996. Removed from the Consent Calendar. 9. PUBLIC HEARING SCHEDULING: February 12, 1996 - CALIFORNIA YELLOW TAXI CAB, 12030 Chapman Avenue, Garden Grove, California for Certificate Taxi Cab (27 ) of Public Convenience and Necessity to operate in the City. GENERAL PLAN AMENDMENT 95 -1(B) and LCP GPA 95 -1 (B) Amendment 42 (Revisions to Calculated Density & LCP Amnd 4� and Intensity Policy). (45 ) 10. TRACT NO. 13013 - Located at 1425 Superior Tract 13013 Avenue, on the northwesterly side of Superior Avenue between Hospital Road and Placentia Avenue, in the Northwest Newport area; approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Tract No. 13013; and authorize the City Clerk to release the faithful performance bond and the labor and material bond (Bond No. 3SM 706 020 00). 11. LOT LINE ADJUSTMENT BETWEEN NEWPORT HILLS Npt Hls C/A COMMUNITY ASSOCIATION AND THE CITY OF (7 4 ) NEWPORT BEACH BETWEEN BUFFALO HILLS PARK AND THE NEWPORT HILLS COMMUNITY ASSOCIATION POOL • SITE ADJACENT TO PORT TAGGART PLACE, IN THE NEWPORT HILLS DEVELOPMENT - Approve in concept a Lot Line Adjustment between the Newport Hills Community Association and the City of Newport Beach; and direct staff to proceed with the processing of the Lot Line Adjusting through the Modifications Committee. VOLUME. 50 - PACE 30 CITY 0 -IT' NEWPORT BEACH MINUTES ROLL CALL ~ W�¢d Z p � °Wwod¢ Wg2U(.73 >- W W >� JANUARY 22, 1996 INDEX • 12. TRACT NO. 14989 - BAYPOINT DEVELOPMENT Tract 14989 (located at 3100 Jamboree Road on the northeasterly comer of Jamboree Road and University Drive, in the North Ford Planned Community): 1) Substitute a revised subdivision agreement and bonds guaranteeing completion of the on -site public improvements required with Tract No. 14989 for the original subdivision agreement guaranteeing completion of on -site and off -site improvements; authorize the Mayor and the City Clerk to execute the revised agreement; 2) Substitute a revised subdivision agreement guaranteeing completion of the off -site public improvements required with Tract No. 14989 for the original subdivision agreement guaranteeing completion of on -site and off -site improvements; authorize the Mayor and the City Clerk to execute the revised agreement; and 3) Authorize the City Clerk to release the original subdivision agreement and bonds for on -site and off -site improvements dated September 12, 1995 upon receipt of the revised subdivision agreements and bonds. 13. BUDGET AMENDMENTS (40) BA -027, $2,500 - To appropriate unexpected donations from the Pacific Mutual Foundation to be used for advertising and public relations; Library Services - Administration. BA -028, $52,245 - To appropriate unexpected donations from the Friends of the Library and the Newport Beach Public Library Foundation; the donations are to be used to supplement the budget for Special Departmental Expense and Office Equipment. ITEMS REMOVED FROM THE: CONSENT CALENDAR 3. Proposed resolution opposing MEASURE S. Measure S/ Legislation Motion x Council Member Edwards reported that the (48) proposed resolution was prepared by the City Attorney in opposition to Measure S, which if successful, will restrict the development of a commercial airport at El Toro Marine Corp Air Station. He said Measure A is important to the city and the region when consideration is given to the number of jobs it will generate. He noted that there has been a lot of misinformation presented Volume 50 - Page 31 CITY OF NEWPORT BEACH IXa2011iY dv C -� ROLL CALL ~ Z o VI W X W } M A W M = ° w O H X a,aaaV 1Lti/ January 22, 1996 INDEX • about Measure S regarding environmental studies, etc. If passed, he said that Measure S would prohibit any civilian use of the El Toro facility and subsequently affect land values. Council Member Edwards moved to adopt Resolution No. 96 -8, Res 96 -8 opposing MEASURES amending the Orange County General Plan to repeal Measure A and restrict the development of a commercial airport at EL TORO MARINE CORP AIR STATION. Council Member Glover and Mayor Hedges concurred and Mayor Hedges noted that Measure Swill be on the March 26 ballot. Council Member O'Neil stated that the City of Newport Beach has been looked at as the party that wants to shift their problems to someone else, however it is not true. He reported that the City is knowledgeable about adverse impacts from airports, and does not want to transfer the problems. He explained that this has no effect on John Wayne Airport and it will continue to function as it is. Council Members Edwards explained that the City • of Irvine has alleged that they have not been offered an official seat at the table, when in fact they have been offered a seat three times and refused each time. All Ayes The motion was voted on and carried. 4. Resolution of intent to amend the Municipal Code Time -Share relative to TIME -SHARE DEVELOPMENTS. (68 ) City Manager Murphy reported that the recommendation is to refer this matter to the Planning Commission for a public hearing. He explained that subsequent to the drafting of the report, discussions have been held with the new owners of the Hyatt Newporter Hotel regarding their intentions. He said the property owner has plans to initially convert 70 of the 400 hotel units to time -share units and to convert the other 30 at a later date, which does not meet the criteria for time - shares. He recommended that the Planning Commission be directed to consider an amendment which addresses a transition process. • Mr. Murphy noted that the proposal requires a minimum time -share interval of seven (7) days, which is standard for most of the industry. He said some developments offer half week intervals which still achieves the goal of having a high quality Volume 50 - Page 32 CITY OF NEWPORT BEACH MINUTES ROLL CALL '" Z owmMuom W 3PMM } w 0 w January 22, 1996 INDEX project. He said that after reviewing the potential impacts (traffic, parking, etc.) he would suggest that the Planning Commission also consider this amendment. Motion x Council Member Glover moved to adopt Res 96 -9 Resolution No. 96 -9 of intent to amend Chapter 20.76 of the Municipal Code regarding TIME -SHARE DEVELOPMENTS and refer to the Planning Commission for public hearing. City Manager Murphy explained that the requirement that time -share projects consist of a minimum of 100 units is to insure that they can support substantial recreational amenities, such as a golf course, tennis courts, and swimming pools. He further explained that a major issue is the loss of Transient Occupancy Tax (TOT) revenues, therefore to address this issue a provision has been added to allow the City and the time -share operator to enter into a Development Agreement providing for the payment of tax. A61yes The motion was voted on and carried. 5. 1995 -96 SIDEWALK, CURB & GUTTER REPLACEMENT 1995 -96 Sdwlk PROGRAM CONTRACT NO. 3071 Crb & Gtr Recommendation from staff to award Contract C -3071 No. 3071 to Ranco Corporation for the Total Bid (3 8 ) Price of $ 164,360.00. Motion x Mayor Hedges. moved to approve the 1995 -96 SIDEWALK, CURB & GUTTER REPLACEMENT PROGRAM CONTRACT NO. 31071 with the removal of the portion to construct sidewalks on Placentia Avenue. In response to Council Member Watt's comment about this portion being a small percentage of the project and the City's goals, Mayor Hedges said he singled out this portion of the project because it is inconsistent with the current policy which requires that the sidewalks be installed at the property owner's expense. He noted that the property involved is a mobile home park and staff feels it would be difficult to get the owner to install the sidewalks. He also noted that this area is not used very much by pedestrians. Council Members Edwards and Glover both spoke in support of the staff recommendation including • the installation of the sidewalk on Placentia Avenue at the City's expense. Mayor Hedges modified his motion to approve the contract including the sidewalk on Placentia Avenue and directed staff to initiate Chapter 27 proceedings for Placentia Avenue. Volume 50 - Page 33 CITY OF NEWPORT BEACH L LIE if kNIa —m ROLL CALL ~ Z OWMTUX M 3pMM >_ W U w �_J January 22,1996 INDEX n x Council Member Glover made a substitute motion to approve staff's recommendation as presented. Council Member Watt pointed out that the property owner would more than likely pass the cost ($4,500) on to the tenants of the mobile home park. City Manager Murphy explained the protest hearing process. Council Member Edwards spoke in support of the substitute motion in the interest of cost and Mayor Hedges spoke in opposition based on inconsistent administering of City policies. kyes x x x x The substitute motion made by Council Member Joes x x Glover was voted on and carried. 6. PERSONNEL VACANCIES. (66) lotion x Mayor Hedges moved to keep the one (1) Park X11 Ayes and Tree Laborer position vacant pending a review of the need. S. PLANNING COMMISSION AGENDA, January 18, (68) 1996 - Planning Commission item 6 (Modification No. 4398, Holland property, 2200 Holiday Road). City Clerk Harkless reported that after the agenda was printed two letters were received in opposition to the project from: i) Stuart Williams dated January 22, 1996; and 2) Ernest and Uselotte Ohlig dated January 15, 1996. lotion x Council Member Edwards moved to call up Item No. 6, Modification No. 4398, the Holland project, and schedule the hearing for February 26. Mayor Hedges said he would not support the motion. Council Member O'Neil also stated that he would not support the motion and that he also feels that the policy which historically defers to the district representative to call up items, should be reconsidered. Mayor Hedges called for public comment and hearing none, returned the discussion to the Council. X x x The motion was voted on and failed (tie- vote); X x x therefore the action of the Planning Commission stands (the deadline for appealing this matter is February 1, and the cost to appeal is $399). Volume 50 - Page 34 ROLL CALL • • Motion All Ayes • C I TY OF NEWPORT BEACH J, WC Z O g W } E MU W M w w 0 U w >H 0 X January 22, 1996 PUBLIC HEARINGS 14. Public hearing regarding MORGAN DEVELOPMENT - Request for GENERAL PLAN AMENDMENT NO. 95- 30, to redesignate the property for Multi - Family Residential use and to establish the permitted density of development; rezone the property from the "R -2" District (Two - Family Residential) to "MFR (8du)[1.37 x B.A]" District (Multi - Family Residential) with a square footage limitation of 1.5 times the Buildable Area of the site) and the approval of a site plan review for the proposed development; RESUBDIVISION NO. 1021: SITE PLAN REVIEW NO. 75: AND MODIFICATION TO THE ZONING CODE to allow a 1 foot 10 inch encroachment into the required 6 foot 10 inch side yard setback adjacent to 15th Street on Property located at 507 -521 Orange Avenue. City Clerk Harkless reported that after the agenda was printed correspondence was received from Diana Springer dated January 12, 1996 in opposition to the project and from Max Morgan, President of Morgan Development, dated January 19, 1996, requesting that the hearing be rescheduled for February 12, 1996. x Council Member Glover noted that the property owner has requested that this hearing be rescheduled to February 12, therefore she moved to honor Mr. Morgan's request and reschedule the hearing. Based on the schedule for February 12, City Manager Murphy recommended that this hearing be rescheduled for February 26. Based on staff's recommendation, Council Member Glover amended her motion to re- schedule the hearing for February 26 and directed the City Clerk's office to re- notice the public hearing. 15. Public hearing regarding Appeal of Marilyn Moore concerning "BRICKS" RESTAURANT AND USE PERMIT NO. 3571 - Request to establish a full- service restaurant where an existing specialty food use previously existed with limited daytime use, on -sale alcoholic beverage service, live entertainment and a waiver of a portion of the required weekday off - street parking. The proposal also includes a request to convert an existing Base FAR Use to a Reduced FAR Use in conjunction with the expansion of the restaurant facility into an adjoining commercial space, on Property located at 2600 East Coast Highway. Volume 50 - Page 35 MINUTES INDEX GPA 95 -3(E) (45) U/P 3571 (88) CITY OF NEWPORT BEACH MINUTES ROLL CALL H ZXMM o 'n P WQ=°i >- w w 0H 3 January 22, 1996 INDEX Letter from Donald J. Regan in support of the U/P 3571 project. City Clerk Harkless reported that after the agenda was printed the following correspondence was received: 1) letter dated January 17, 1996 from Keith Dawson, Dawson & Dawson, opposing the use permit; 2) letter dated January 12, 1996 from the Corona Del Mar Residents Association requesting the imposition of additional conditions to the use permit; 3) letter dated January 14, 1996 from Stuart Pass requesting the denial of the use permit; 4) letter from Mike DeGeer and Paula Amott requesting denial of the use permit, 5) letter dated January 20, 1996 from Kent Lemasters opposing the restaurant; 6) letter dated January 17, 1996 from Dr. Robert Steinbroner opposing the project; 7) letter from Suzanne Steinbroner opposing the project; 8) letter from Marilyn Moore and Richard Thomas dated January 22, 1996 opposing the restaurant and requesting modifications of conditions of use permit if approval is granted; and 9) letter signed by six • residents opposing the restaurant. Planning Director Delino gave a brief summary of the proposed project noting that the applicant is requesting approval for the establishment of a full - service restaurant in the RSC -Z District where an existing specialty food use previously existed and is now vacant, and expansion into an adjoining tenant space where a dry cleaners has been operating. The proposal also includes a request to waive a portion of the required weekday off - street parking. The opposition is from neighboring single family and duplex residents. Mayor Hedges opened the public hearing. Marilyn Moore, owner of 721 Femleof, appellant, said she is the spokesperson for her group and requested 10 additional minutes to address the Council. Ms. Moore voiced concerns about the location of the dumpster, the inadequate public noticing of the project, the lack of posting on the adjacent properties, as well as the address given for the property. She noted that the residents had problems with the previous project and did not • have an opportunity to address the Planning Commission with their concerns. Volume 50 - Page 36 J ROLL z CALL 0 • • 0 CITY OF X 0 U NEWPORT January 22, 1996 BEACH Ms. Moore stated the following concerns: 1) noise from employees and patrons; 2) early a.m. supply deliveries: 3) use of adjoining properties as bathrooms: 4) blocked driveways and parking on private streets; 5) inadequate number of trash containers, uncovered trash containers, trash blowing onto streets from overflowing containers, early a.m. pickups, and odor from the containers; 6) smoke and odors from exhaust fans and the washing of pots and pans outside and disposal of grease in the storm drains; 7) negative impacts on Fernleaf residents; 8) access restrictions for eastbound traffic on East Coast Highway; 9) outdated vehicle and pedestrian circulation systems; and 10) contaminated water flowing onto 5th Avenue and into the storm drains and bay from the trash trucks. She said the proposed use is not compatible with the surrounding area, therefore there is basis for denying the project. She requested that the Planning Commission approval be overturned, however if not overturned, she suggested the following modifications to the conditions of the Planning Commission resolution (numbers correspond to condition numbers in Planning Commission resolution): 2. Hours of operation shall be from 11:00 a.m. to 10:00 p.m., Sunday through Thursday, and from 11:00 a.m. to 11:00 p.m., Friday and Saturday, consistent with ABC license requirements. 5. No live entertainment allowed consistent with the ABC license. 8. Deliveries from a loading zone to be designated on Dahlia Street between the hours of 9:00 a.m. and 5:00 p.m. 9. Trash and grease pick -up limited to the hours of 9:00 a.m. to 5:00 p.m. 12. No alcoholic beverages other than beer and wine shall be served and there shall be no separate bar area. 13. The development standard pertaining to a portion of required parking (20 spaces daytime and 21 spaces on weekends and holidays) be waived. Volume 50 - Page 37 MINUTES INDEX U/P 3571 CITY OF NEWPORT BEACH MT NITTTF.0 ROLL CALL �J- Z:Kmm oWMMU;3 M > W w 0� January 22, 1996 INDEX • 16. Complimentary valet parking U/P 3571 service provided between 11:30 a.m. and 2:00 p.m. and 6:00 p.m. and 10:00 p.m. (11:00 p.m. Friday and Saturday) and that additional directional signage be placed on site prior to the restaurant becoming operational. 18. Trash enclosure shall be covered by the owner and monitored for overall cleanliness. 20. Approval required prior to the restaurant opening. 21. Building Department approval must be received prior to opening of restaurant. 27. Use Permit shall be subject to review every six months. 29. Employees of the restaurant shall not dump trash in the on -site trash containers between the hours of 9:00 p.m. • and 8:00 a.m. consistent with the requirements of the ABC license. Council Member Watt noted that in Ms. Moore's letter she stated that the restaurant should be located on the East Coast Highway side of the building and asked for clarification of this area on the map. Ms. Moore stated that there is an empty space on the front facing Pacific Coast Highway that could be used. Council Member Edwards questioned Ms. Moore about the problems with the previous restaurant, the length of time the previous restaurant was in operation, and the meaning of the phrase "consistent with the ABC license requirements." Ms. Moore stated that the previous restaurant was open for 2 -1/2 years and because of the protests raised by the residents the ABC placed restrictions on their liquor license. Council Member Glover voiced concerns with the requested modified conditions stating that the change to the hours of operation would put "Bricks" in a non - competitive situation. • Bob Gilroy, 2021 Port Ramsgate Place, spoke in support of the proposed restaurant and said the property owner should not be held responsible for problems generated by the previous restaurant owner. Volume 50 - Page 38 CITY OF NEWPORT BEACH MT NTTTF.0 ROLL CALL ~ Z 0WA_° W XMCM } W w 0~- X January 22,1996 INDEX on x Council Member O'Neil voiced surprise over the U/P 3571 fact that the applicant was not present. He reported that he met with the applicant, his attorney and the broker and advised the applicant that he met with the concerned residents and attempted to get a copy of the modified conditions as requested by the appellant into the applicant's hands in order to be fair. He said he advised the appellant and others that he was not in favor of overriding the Planning Commission's decision, however he would consider further conditions. Council Member O'Neil also explained that the applicant called and wanted to continue this matter in order to work with the appellant, however the applicant's attorney said the applicant wasn't aware of all of the conditions and said a continuance would not be in the applicant's best interest. He said there were indications that Mr. McLaughlin may withdraw his application. He again noted that he is not prepared to overturn the Planning Commission's decision, however he is reluctant to approve the application since the applicant has indicated that he may withdraw it. He suggested that the matter • be continued since the applicant was advised that he would have to come to the meeting to withdraw his application or put the request in writing. Mayor Hedges suggested that the matter be laid on the table indefinitely. Council Member O'Neil moved to continue the matter for thirty days. Resident (name not given) explained the ABC requirements and noted that the previous business was given a conditional liquor license because there were 15 residences within 100 feet of the establishment. City Attorney Burnham stated that the City Council should impose their own restrictions or conditions rather than rely on the ABC since it is easier to enforce the city's conditions. Resident (name not given) spoke in opposition to the project. The Council discussed whether or not any more public testimony should be taken and Council Member Edwards suggested that the comments be • held because if the motion to continue this item for thirty days passes, during that time period the applicant will either withdraw his application or he will meet with the neighbors to review their concerns and the difference in the conditions could be narrowed. All Ayes The motion was voted on and carried. Volume 50 - Page 39 CITY OF NEWPORT BEACH IMAI iY1�'rC ROLL CALL Z:Kmm pWg2UO3 } w W OF January 22, 1996 INDEX ® 16. Public hearing regarding proposed ORDINANCE Ord 96 -1 NO. 96-1 Zoning (94 ) AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO AMEND CHAPTER 20.33 TO LIMIT AUTOMOBILE STORAGE, REPAIR AND DETAILING USES WITHIN THE RSC, APF AND RMC DISTRICTS (PLANNING COMMISSION AMENDMENT NO. PCA 833 833). Planning Director Delino explained that this zoning code amendment will limit automobile storage, repair and detailing to ancillary uses in the proposed districts. Mayor Hedges opened the public hearing, and hearing no comments, closed the hearing. KOtion x Council Member O'Neil moved to adopt Resolution %11 Ayes No. 96 -10, approving Planning Commission Amendment No. 833; and adopt Ordinance No. 96- 1, amending the Newport Place Planned • Community District Regulations to limit Automobile Storage, Repair and Detailing uses within the Newport Place Planned Community District, and Chapter 20.33 of the Newport Beach Municipal Code. 17. Public hearing regarding request of Steve Ord 96 -2 Silverstein on Property located at 4717 Hampden Zoning Road, and proposed ORDINANCE NO. 96 -2. (9 4 ) 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 15 FEET (PLANNING COMMISSION AMENDMENT NO. PCA 838 838). Planning Director Delino, referring to the graph on the wall, described the changes and the proposed setbacks. Mayor Hedges opened the public hearing, and o� x hearing no comments, closed the hearing. Council Member O'Neil moved to adopt Ordinance No. 11 Ayes 96 -2, which was voted on and carried. Volume 50 - Page 40 CITY OF NEWPORT BEACH MINUTES ROLL CALL ~ Z OWQMUUX rn � M } M W A X W O F January 22, 1996 INDEX PUBLIC COMMENTS Council Member Edwards advised that Dolores Offing reported to him that EIR's are not being distributed to the local libraries. ORDINANCE FOR REINTRODUCTION 18. Proposed ORDINANCE NO. 95 -68, Ord 95 -68 Recreational ADDING SECTION 12.40.055 REGULATING Vehicle Pkg THE PARKING OF SPECIFIC OVERSIZED AND (85) NON - MOTORIZED VEHICLES IN RESIDENTIAL DISTRICTS AND RESCINDING ORDINANCE NO. 83-12. City Clerk Harkless reported that after the agenda was printed the following items were received: 1) a letter dated January 16, 1996 from Amy and Jeff Vieth requesting that the law be more restrictive; and 2) a revised ordinance was submitted by the City Attorney. City Manager Murphy briefly reviewed the history of this ordinance and explained that changes have been made to the proposed ordinance as a result of public testimony at the January 8 Council meeting and input from staff. He noted that the modified ordinance will allow large vehicle owners to park for less than 24 hours adjacent to their residences for the purpose of loading and unloading. The ordinance also contains a provision allowing large vehicle owners to request an extension for up to 72 hours to park their vehicles adjacent to their residence for the purpose of loading and unloading. He also noted that the report also addresses concerns about the availability of storage space and how the parking enforcement staff and police will enforce the ordinance. He stated that subsequent to the transmittal of the revised ordinances the City Attorney made additional modifications. City Attorney Burnham reviewed the following additional changes: 1) subsection F revised to read, "To determine the width or length of the vehicle,,,; 2) subsection F revised to exclude air conditioners and other attachments from being used to determine width or length of a vehicle; 3) • subsection G.4. broadened to include an exception for non - motorized vehicles relative to Volume 50 - Page 41 CITY OF NEWPORT BEACH M T NT TrP' G ROLL CALL N Z owQxUUM N Of X >- Cr W 01— W January 22, 1996 INDEX • emergency repairs; 4) added language to Recreational subsection G.6. that would extend the same 24 Vehicle Pkg hour exception to non - motorized vehicles, recognizing that trailers could be loaded and unloaded just like recreational vehicles; and 5) added to subsection G.2. the exception for 72 hours for non - motorized vehicles if permission is granted, which is consistent with the Council's direction: and 6) the correction of a typographical error in subsection G.5. which changes the word "veteran" to "person." Motion * Council Member Edwards moved to re- introduce proposed ORDINANCE NO. 95 -68 as modified by City Attorney Burnham. Mayor Hedges asked for public input. Steve Stafford, 3250 Broad, requested that large vehicles be prohibited from parking within 200 feet of an intersection based on safety concerns. He stated that the code would have to be amended to allow the Police Department to enforce the Vehicle Code. City Attorney Burnham reported • that the Vehicle Code allows cities to restrict vehicles that exceed six feet in length. Mr. Stafford also noted that he met with Lt. Newman to review the ordinance and determined two facts: 1) of the 12 -15 complaint calls received, half were complaints regarding RV parking and the other half were from chronic complainers; and 2) with the exception of the one woman that testified, there are no RV related accidents on record, therefore the safety issue is perceived rather than actual. Mr. Stafford questioned whether there is sufficient data to support the adoption of this ordinance that will cost thousands of dollars to enforce. He noted that RV's are licensed to use the streets and highways and he feels six complaints hardly justifies the Council's action. He said there is not sufficient data to justify this reaction and there should be a less drastic solution to deal with the issue. Council Member Edwards complimented Lt. Newman and stated that the debate has been reasonable and the consensus is that there are a • number of abuses that need to be addressed. Council Member Watt spoke in support of the motion and requested that an ordinance limiting parking near intersections be placed on a future agenda. Volume 50 - Page 42 CITY OF NEWPORZ BEACH MTNTTTFc ROLL CALL ~ W I pWg2UC73 (!1 O (r MWwo } Cr W w > °¢ January 22, 1996 INDEX • Mayor Hedges questioned the provision in the ordinance which grants an exception to any motor vehicles displaying authorized placards or license plates identifying physically handicapped or disabled veterans. City Attorney Burnham explained that this provision was in the previous ordinance and testimony was given during the public hearing about the difficult situation that would be created by deleting this exception. It was clarified that the Chief of Police has discretion to grant exceptions for up to 72 hours. Motion x Mayor Hedges amended the motion to delete subsection G.5. Lt. Newman reported that a significant number of vehicles have handicapped placards and it would be an accommodation for people who require larger vehicles for various medical and physical reasons. He said they need the facilities within the confines of the vehicle in order to maintain their livelihood and their ability to move around. He confirmed that the usual handicapped van is characterized as a motor home and because of physical conditions they need the vehicle, so it seemed reasonable to continue to have that as an option. Mayor Hedges withdrew his amendment since the vehicles are used for a primary means of transportation, which is a valid point. All Ayes The motion was voted on and carried. CONTINUED BUSINESS 19. ECONOMIC DEVELOPMENT COMMITTEE. Economic Dev Cmte Motion x Since there were no candidates for the vacancies All Ayes as representatives to the Newport-Mesa Association of Realtors, and Cannery Village, Mayor Hedges made a motion to defer the appointments, pending applicants. 20. CITIZENS ADVISORY COMMITTEES. CAC Motion x Council Member Glover moved to confirm the A6ye s following: Bicycle Trails Citizens Advisory Committee (District 11 Mayor Hedges' appointments deferred to February 12, 1996. (District 3) Council Member Glover's reappointment of Stuart Macfarland and appointment of Edward Rice. Volume 50 - Page 43 ROLL CALL • CITY OF NEWPORT w W January 22, 1996 BEACH (District 5) Council Member Watt's appointment of Gerda Sparks. Environmental Quality Affairs Citizens Advisory Committee (District 1) Mayor Hedges' appointments deferred to February 12, 1996. Harbor Quality Citizens Advisory Committee (District 1) Mayor Hedges' appointment deferred to February 12, 1996. CURRENT BUSINESS 21. BUS SHELTER CONTRACT. City Clerk Harkless reported that after the agenda was printed a letter dated January 22, 1996 was received from Richard Wannenmacher expressing interest in submitting an RFP on the bus shelter contract. Director of Public Works Webb distributed copies of the proposed contract and noted that Traffic Engineer Rich Edmonston was present to provide a report and answer questions. Traffic Engineer Edmonston reviewed the City's history with the current vendor. He said the current vendor, Metro Display Advertising, Inc. (MDA), is a capable vendor and they have proposed to continue paying the City notably more than other cities receive in monthly revenue. He indicated that after reviewing all of the issues, staff made a recommendation to the Utilities /Public Works Committee that they direct staff to negotiate an extension of the current contract with MDA. Council Member Watt reported that she, along with Mayor Hedges and Mayor Pro Tern Debay, attended the Utilities /Public Works Committee meeting and at that time felt there were some items that needed to be re- negotiated (additional shelters and payment for them). Mr. Edmonton explained that MDA provided the City with a starting point for negotiating. The current contract revenue is based on a monthly fee per shelter with the City now receiving $4202 per month for the 22 shelters. The vendor is proposing that the advertising revenue to the City Volume 50 - Page 44 MINUTES INDEX Bus Shelter C -2839 (38) CITY OF NEWPORT BEACH MT NTTTF.R ROLL CALL r Z OWg2UO3 W X >- M W 0X w _ January 22, 1996 INDEX • be adjusted to $5000 per month, exclusive of the C -2839 number of shelters in place. MDA has also proposed deleting the provision which requires them to pay $5000 for any new shelters that are approved. Mr. Edmonton explained that some of the issues that staff wants to review relate to the frequency of refuse collection, total revenue to the City, establishment of firmer time frames for installing new shelters and benches, response time frame for when a shelter is vandalized, and the faithful performance deposit since the company had financial problems in the past. Don Dee, Balboa, spoke in support of re- negotiating the contract and explained that 32 shareholders of MDA live in Newport Beach; MDA is the largest shelter company in southern California and are headquartered in Orange County. Richard Wannenmacher, 1731 Workman St., Los Angeles, expressed his company's desire to submit a proposal for the bus shelter contract. He noted that the revenue the City receives is the best in the United States. He said he believes this is a valuable asset, however the only way for the City to accurately and fairly determine the value of this asset is by the Request for Proposal (RFP) process which is open to all in the industry. He said the RFP process could result in additional benefits to the city (i.e. upgrading and /or replacement of existing shelters according to current design standards, bus route and bus information placards, decorative concrete benches, and percentage of revenue tied to gross receipts of the company). Bruce Seidel, 1539 Orangewood, Orange, gave the following three reasons to support the RFP process: 1) to require payment in advance upon execution of agreement; 2) to provide new modem shelter designs; and 3) to assure the highest revenue possible. He reviewed the aesthetics, the accelerated revenue, distributed photos for Council review, and urged the Council to proceed with the RFP process. Tony Ingegneri, 15265 Alton Parkway, Irvine, Vice President for MDA, said he supports staff's assessment and concurs with their . recommendation. He noted that MDA is offering more service and revenue and they hope to have a continued relationship with the City. In response to Council Member O'Neil, Mr. Ingegneri stated that in 1990 MDA did not feel that a 10 -year Volume 50 - Page 45 CITY OF NEWPORT BEACH MT MrTTTi'C ROLL CALL H Z3MQx0o- oWMXUUX N Qf >- w W January 22, 1996 INDEX • contract would be acceptable to the City so they proposed a 5 -year contract with a provision for a 5 -year extension. He said that based on the guaranteed revenues and signing bonus offered by MDA, they never considered the agreement as only a 5 -year agreement, but because of the extension period actually a 10 -year agreement with the $5000 (one time fee) amortized over 10 years. Motion x Council Member Glover moved to direct staff to Metro Display negotiate an extension of the current bus shelter Adv Inc contract with Metro Display Advertising, Inc. Kotion x Mayor Hedges made a substitute motion to direct staff to prepare a Request for Proposal to be disseminated to all interested bus shelter companies. He said that he does not feel it is in the public's interest to negotiate an extension without public participation. Council Member Edwards asked staff if there has been any mutual written correspondence • executed by the parties with regard to the extension of the existing December 1990 agreement. City Attorney Burnham replied that there are no executed documents between the parties. %yes x The substitute motion was voted on and failed . goes x x x x x 1.11 Ayes Council Member Glover's motion was voted on and carried. Supplemental Agenda Item S -22. BANNERS FOR TOSHIBA GOLF EVENT. Banners (74) City Manager Murphy reviewed the request for displaying banners on city light standards that was submitted for the Toshiba Golf Event sponsor. He indicated that the Council has three alternatives: 1) approve the request as submitted; 2) approve the request with modifications; or 3) deny the request for banners. The following summarizes the deviations to current council policy: 1) request is for 450 banners and current Council policy allows 100: 2) current council policy allows one banner • per standard and the proposal is for two; 3) the current policy staters that no banner shall be on or above the right -of -way and the proposal is to extend the banners out over the street approximately six inches; 4) the current policy limits banner size to 15 Volume 50 - Page 46 ROLL CALL t Motion All Ayes t 0 CITY OF NEWPORT BEACH MINUTES N W Z I It tt(t0 Q W WQ=UUX )_ O w W w >t- -J Q January 22, 1996 IND square feet of area and the proposal is for 24 Banners square feet for each banner (a total of 48 square feet of area); and 5) the current policy restricts the number of time a sponsor's name can appear on the banner and the proposal requests that each pole include the name of the sponsor three times. Mr. Murphy stated that staff is supportive of the request and also supports the concept, however the number, size and location of the banners requires Council review and approval. He explained that the event will be televised live on ESPN for two days and the banners will be helpful to bring attention to the community. x Council Member Cox moved to approve the request as submitted. Council Member Watt voiced concern about the size of the banners as well as the number of banners and asked why the event sponsor would request exceptions to the current policy. Council Member Edwards said he understands Council Member Watt's concerns, however he feels Toshiba needs to get something out of this one -time event since they are donating a lot of money. In response to Council Member Glover, City Manager Murphy reported that the banners will be displayed for five weeks. The Council recessed Into Closed Session at 9:05 p.m., and reconvened of 9:30 p.m. with no report. Meeting adjourned of 9:30 p.m., in memory of Jerry Kobrin, columnist for the Daily Pilot, who passed away on January 9,1996. •��t���C�••�tt�tttt♦ The agenda for this meeting was posted on January 17, 1996 at 5:30 p.m.; and the supplemental agenda was posted on January 19, 1996, at 8:45 a.m., on the City Hail Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ����P,�,,r�,A . ATTEST: City Clerk tr Ft? taN Volume 50 - Page 47 EX