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HomeMy WebLinkAbout01/13/1997 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting January 13, 1997 - 7:00 p.m. INDEX - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Absent: Hedges Pledge of Allegiance - Council Member Noyes. Invocation by Pastor William Kirlin- Hackett, Newport Harbor Lutheran Church. Motion by Mayor Pro Tem Edwards to waive reading of the Minutes of the • Adjourned Regular Meeting of December 3, 1996 and the Regular Meeting of December 9, 1996, approve as written and order filed with the exception of Item 7 (Green Acres End User Agreements). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Motion by Thomson to reconsider and revote on Item No. 7, Green Acres End User Agreements, due to a possible conflict of interest. The motion to approve the agreements carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, Mayor Debay Noes: Hedges (as recorded on 12/9/96) Absent: None Abstain: Thomson Motion by Mayor Pro Tem Edwards to waive reading of Ordinances and Resolutions under consideration, and direct City Clerk to read by titles only. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Volume 51 - Page 11 • City of Newport Beach City Council Minutes January 1S, 1997 IlVDEX MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON. Council Member Noyes requested that staff study the formation of a city - sponsored newsletter that would be distributed to residents with the water bills. The newsletter would include updates on City accomplishments, upcoming issues, job opportunities, commission openings, and employee profiles. He requested that the information, including cost, be brought back to Council for consideration and possible funding. • Council Member Noyes said he would also like to have staff study organizing and sponsoring staff workshops with the elected City officials and leaders in the City (residents and business leaders). He suggested that they be brought together with all the information they need to do their jobs and shoulder their responsibilities with their individual organizations. • Council Member Noyes announced that a town hall meeting will be held on Balboa Island on February 9, 1997 at 1:00 p.m. to discuss such issues as residential standards, encroachment issues, and to have a general forum. • Mayor Debay said that as of today Comcast will provide an update on Council accomplishments. She said this will be done every month and she will be asking for input from Council Members and occasionally will have the • individual Council Members be the spokesperson in her place. • Council Member O'Neil reported that the Council spent Friday afternoon and Saturday looking at the goals for the near future, as well as long -term goals. He requested that the City Clerk agendize for the next meeting the establishment of an Ad Hoc Committee, which he would like to chair, to look at whether there is anything that should be done now, as a City, to plan for the future land uses of the Newport Center/Fashion Island area. He said he would like to have Council Member Noyes and Mayor Debay also be members of the committee. Council Member Thomson said he would like staff to study and report back on the waste management or water quality that runs into the bay from the gutters. He noted that it has been brought to his attention that there are a great number of carpet cleaners in the area that wash their dirty water into the streets and it goes into the bay, as well as mini blinds cleaners and the mobile car detailing and car washing people. He said there are methods for each of theses businesses to mitigate the exposure to the storm drains and to the bay and these things should be studied to see what kind of incidents there are and what sort of damage might be taking place from these uses. • Council Member Thomson said he would like to have staff review the situation of coyotes coming into the residential neighborhoods in District 7 and parts of District 6. He said there are a number of different issues to deal . with the coyotes since they are being displaced by the Downcoast development and are coming into residential areas. He clarified that he is not saying they should be hunted, but the City needs to find ways for the Volume 51 - Page 12 City of Newport Beach City Council Minutes January 13, 1997 • residents of those areas to cope with and mitigate the problem. • Council Member Thomson said he would like to have Council Policy A -2 reviewed that deals with committees, boards and commissions in the City. He explained that his main quest is to have committee members that are appointed by a District representative be representative of that District, unless applicants are not available. Mayor Pro Tem Edwards said he would like staff to bring back a report on the dredging issue at their earliest convenience, so there is at least a public disclosure of where the City stands with dredging the upper and lower bay and what can hopefully be accomplished in the next six months to a year. Mayor Debay reported that a meeting has been scheduled for Tuesday with the new County Supervisor, Tom Wilson, and his staff, and that is one of the items that is on the agenda. CONSENT CALENDAR ORDINANCES FOR INTRODUCTION 1. INTRODUCE ORDINANCE NO. 97.1 .AMENDING CHAPTER 2.08.040(G) OF THE NBMC PERTAINING TO CITY MANAGER POWERS (AUTHORIZATION TO CLOSE OR RESTRICT ACCESS TO • PUBLIC PROPERTY DURING CONSTRUCTION). 2. INTRODUCE ORDINANCE NO. 97.2 AMENDING SECTION 12.68.060 OF THE NBMC TO REMOVE THE TWO -HOUR TIME LIMIT AND RESIDENTIAL PARKING PERMIT ALONG THE EAST SIDE OF ST. ANDREWS ROAD FROM CLAY STREET TO 15TH STREET (Request of St. Andrews Presbyterian Church). 3. INTRODUCE ORDINANCE NO. 97-3 AMENDING CHAPTER 14.30 OF THE NBMC PERTAINING TO COMMERCIAL KITCHEN GREASE DISPOSAL. Introduce ordinance and schedule for public hearing on January 27, 1997. 4. ADOPT RESOLUTION OF INTENTION NO. 97 -1 SCHEDULING A PUBLIC HEARING FOR JANUARY 27, 1997 TO CONSIDER THE GRANTING OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES FOR ADDITIONAL COMMERCIAL SOLID WASTE HAULERS WITHIN THE CITY OF NEWPORT BEACH AND INTRODUCE ORDINANCE NO. 97.4 GRANTING THE SUBJECT FRANCHISES. Adopt Resolution of Intention setting public hearing for January 27, 1997; and introduce Ordinance granting franchises and pass to second reading on January 27, 1997. Volume 51 - Page 13 INDEX Ord 97 -1 Administration (35) Ord 97 -2 Parking (85) Ord 97 -3 Water /Sewers (89) GS /Solid Waste Franchise Res 97 -1 Ord 97 -4 (42) • • City of Newport Beach City Council Minutes January 13, 1997 INDEX CONTRACTS AND AGREEMENTS 5. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NB Marine NEWPORT BEACH AND THE NEWPORT BEACH MARINE SAFETY Safety MOU OFFICERS ASSOCIATION FOR THE PERIOD FROM JANUARY 1, C -2058 1996 THROUGH DECEMBER 31, 1997. (38) 6. MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NB Firefighters NEWPORT BEACH AND THE NEWPORT BEACH FIREFIGHTERS MOU ASSOCIATION FOR THE PERIOD FROM JANUARY 1, 1996 C -2060 THROUGH DECEMBER 31, 1997. (38) 7. COMPLETION AND ACCEPTANCE OF 1995.1996 STREET 1995 -96 St RESURFACING AND SLURRY SEAL PROGRAM (C- 3086). Accept the Resurfacing/ work; authorize the City Clerk to file a Notice of Completion and to release Slurry Seal the bonds 35 days after the Notice of Completion has been recorded in C -3086 accordance with applicable portions of the Civil Code. (38) 8. COMPLETION AND ACCEPTANCE OF : CRAFFIC SIGNAL AND Dover /Cliff Dr LIGHTING INSTALLATION AT DOVER DRIVE AND CLIFF DRIVE; Traffic Signal & AND TRAFFIC SIGNAL MODIFICATIONS AT DOVER DRIVE AT Lights & Dover 16TH STREET (C- 2808). Accept the work; authorize the City Clerk to file a & 16th Traffic Notice of Completion and to release the bonds 35 days after the Notice of Signal Mod Completion has been recorded in accordance with applicable portions of the C -2808 Civil Code. (38) 9. PARK DONATION SITE - 3531 NEWPORT BOULEVARD. Eliminate 3531 Newport the requirement that $100,000 of the total $300,000 purchase price be placed Blvd Park into an escrow account to cover costs associated with development of the C -3124 contaminated site; authorize the City Manager to execute the (38) indemnification agreement with Chevron based on new commitments of Chevron; and authorize staff to finalize the purchase of 3531 Newport Boulevard. 10. COUNTY URBAN PARK FUND GRANT. Authorize the City Manager to Bob Henry execute the Urban Parks Program Funding Assistance Agreement which will Castaways Park allow the City to receive $50,000 from the County of Orange Urban Parks C- 3078(a) Program to fund half the cost of the asphalt trails at Castaways Park. (38) 11. Removed from Consent Calendar. MISCELLANEOUS ACTIONS 12. Removed from Consent Calendar. 13. PLANNING COMMISSION AGENDA FOR JANUARY 9, 1997. Planning (68) 14. BUDGET AMENDMENT (BA -022) TO BUDGET FOR DONATIONS BA -022 RECEIVED AND APPROPRIATE FUNDS FOR USE IN LIBRARY (40) SUPPORT SERVICES ($27,348). Volume 51 - Page 14 City of Newport Beach City Council Minutes January 13, 1997 • 15. MEASURE Q UPDATE (Requested by Council Member O'Neil). Receive and file. 16. DONATION OF THE PAINTING `BLUE LAGOON" BY BHLIE NUGENT. Accept donation as recommended by Arts Commission. 18. SOLID WASTE FRANCHISE AUDITS (Requested by Council Member Hedges). Continue to January 27, 1997. Motion by Mayor Pro Tem Edwards to approve the Consent Calendar, except for those items removed (11, 12 & 17). The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR 11. PROFESSIONAL SERVICES CONTRACT WITH KENNETH EMANUALS & ASSOCIATES FOR STATE LEGISLATIVE ADVOCACY SERVICES, NOT TO EXCEED $40,000 ANNUALLY BEGINNING MARCH 1, 1996 FOR A 12 MONTH PERIOD, AND APPROVAL OF • BUDGET AMENDMENT (BA -023) IN THE AMOUNT OF $12,000 TO FUND THE CONTRACT FOR THE REMAINDER OF FY 1996 -97. City Manager Murphy explained that last year the City had a professional services contract with Kenneth Emanuels to provide legislative advocacy for the City. As the City's lobbyist, he tracked the progress of bills and advocated on behalf of the City with State Legislators on the following bills: 1) local coastal boundary adjustments; 2) non-resident library fees; 3) methane gas mitigation; and 4) bay discharge legislation. The current contract with Mr. Emanuels runs through February of 1997, the cost is $3,000 per month, and it is administered by the City Manager's office. Mr. Murphy outlined the areas that staff has identified as key issues for the upcoming legislative session. Council Member Thomson said that he is sure that Mr. Emanuels is very good at his job, however stated that he is opposed to having consultants on line when there isn't a hard line of issues for them to deal with and the state has paid legislators to deal with these types of issues. He stated that he isn't opposed to hiring him, however he would like to have an opportunity to review the program with him before approving a contract. Mr. Murphy explained that last year Mr. Emanuels met with the Legislative Committee and suggested that Council Members Thomson and Noyes be given an opportunity to meet with Mr. Emanuels as well. • Motion by Council Member Thomson to continue this item until February 10, 1997. Volume 51 - Page 15 i r GS Refuse/ Elect 96 (44139) Arts Comm (24) GS /Solid Waste Franchise (42) K. Emanuels/ Leg Advocacy Services C -3083 (38) BA -023 (40) City of Newport Beach City Council Minutes January 13, 1997 INDEX • Council Member Glover noted that one of the issues that has been identified for Mr. Emanuels to pursue is changing the requirement for the storage of police videotapes to six months. She questioned why the City would feel compelled to introduce this type of legislation when it would impact police departments all across the state. She said that the City Manager explained that the City is supporting this legislation because it is a monetary issue, however she stated that the City should have realized the cost involved before they decided to put videos in all of the police cars. Mr. Murphy explained the use of videotapes in police cars and the retention program and noted that the issue is the length of time the tapes have to be retained. He further explained that currently the tapes are required to be retained for two years and the City generates 22 -23 tapes each day, so an extraordinary number of tapes have to be stored. City Attorney Burnham explained that State law deals with all public documents and the law typically requires documents to be retained for two years before they can be destroyed, subject to some rights to destroy them earlier if duplicates are made. He noted that a few years ago the law was changed to allow much earlier destruction of records when dealing with dispatch tapes and tapes of normal communications, but at that point in time the practice of installing video cameras in police cars was not widespread and so the issue of how long a videotape had to be retained was • not addressed. He said that what is being proposed will equate the police videos with standard communication dispatch tapes so they can be destroyed within a six month period as opposed to a two year period. He clarified that it is a state law and applies to all police agencies. Council Member Glover questioned whether it is wise for one city in a state as large as California to decide that they don't want an expenditure and try to overturn a state law that is applicable to all police departments. She said she isn't sure this is a wise use of the City's money and is reticent to try to change a procedure for the entire state. Police Chief McDonell explained that this is an effort to clarify legislation that has been in existence for some years and prior to the implementation of mobile video as a concept. When the legislation was enacted videotapes of police activities was not used on a widespread basis, so it is a matter of trying to get the legislature to amend an existing law to clarify and take into consideration the videos. He noted that staff is not relying on the City's lobbyist to do this alone and are working with Assemblywoman Brewer's office. He said he will also be working with the California Police Chiefs and their legislative advocate on a state level to propose the same kind of changes. He indicated that there are other cities supporting this and explained that everyone got caught up in a change in technology and the legislation hasn't caught up with the change. In response to Council Member Glover's question about whether the other cities would share in the • cost of the lobbyist, Chief McDonell said it is not his decision to retain the lobbyist, but he is working with the assemblywoman's office, the California Police Chiefs Association, California Peace Officers Association and their Volume 51 - Page 16 City of Newport Beach City Council Minutes January 13, 1997 • consultants. He said he feels it is in the City's best interest because it directly affects the City, however obviously the City wouldn't want to pay a lobbyist more than it would cost to store the tapes. Mayor Pro Tern Edwards pointed out that the City isn't trying to seek to overturn a piece of state legislation, but oftentimes when the legislature passes legislation they pass certain things that have unintended consequences, and this is essentially an unintended consequence. Also, the City will be working with other agencies and regardless of whether or not the legislative advocate works on this issue or not, this item deals with a specific contract and these are issues that will be openly discussed at the meeting of February 10, 1997. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 12. PLANNING AGENDA FOR DECEMBER 19, 1996. Assistant City Manager Wood explained that the Planning Commission approved a Use Permit amendment for World Oil and included some • conditions of approval which addressed some of the concerns of the neighbors, which included providing a wall to protect the neighbors from noise and another condition to deal with run -off from the site into the public alley. Staff had proposed to the Planning Commission that another condition of approval be added to require that the existing pole sign which is 18 feet high be replaced with a monument type sign, which would be 6 -7 feet high. The Planning Commission considered the recommendation and there was one motion on the floor to include that condition, however it failed on a 2 -2 vote and in the end it was a 3 -1 vote for the pole sign to be replaced at 18 feet. Mayor Debay said the reason she pulled this item for discussion was for the Council to reconsider this based on a letter she received from a member of BPPAC who has concerns regarding aesthetic issues as far as the entrance into the peninsula. Motion by Mayor Debay to call up Item 1, World Oil Marketing, Use Permit No. 3595, for discussion at the Council level. The motion carried by the following roll call vote:: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain.: None City Manager Murphy indicated that this item would be agendized either on • January 27, 1997 or February 10, 1997 depending on noticing. Volume 51 - Page 17 15o l Use Permit 3595 (88) City of Newport Beach City Council Minutes January 13, 1997 • 17. CONSOLIDATION OF THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE AND THE HARBOR QUALITY CITIZENS ADVISORY COMMITTEE. City Manager Murphy explained that this is a brief status report regarding the action taken by the Legislative Committee. He explained that the City Council previously discussed the option of merging these two committees, it was reviewed by the Legislative Committee and they recommended that the consolidation not take place. He further explained that this is an informational report and requested that Council receive and file it. Council Member Thomson explained that he was on the Environmental Quality Affairs Citizens Advisory Committee in 1.980, when it had a different name, however it provided the same service which was to review all the EIR's that come before the Planning Commission before the Planning Commission gets them. He said there are very few EIR's coming before them and the committee has very little to do. He said he feels it is valuable to have as many citizens as possible involved, but the reason the consolidation was suggested was that they had little to do. He said he would like to have the Legislative Committee review their duties and find other meaningful tasks for EQAC to perform for the City. Motion by Council Member Thomson to receive and file the recommendation of the Legislative Committee to retain the committees as currently organized • and proceed with the appointments. The motion also included the referral of the duties of the Environmental Quality Affairs Citizens Advisory Committee to the Legislative Committee for review and possibly expansion of their duties. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None Mayor Pro Tem Edwards recognized members of the community, as well as Council Members, who worked extremely hard for the ultimate adoption of Alternative A for the El Toro Reuse Plan, which is now going forward to the federal government. He said there were a number of people that worked on this: Clarence Turner, Tom Naughton, Clint Rygel, Dan Stringer, Bonnie O'Neil, and Pete Drummond. • Mayor Pro Tern Edwards announced that on Thursday, January 9, 1997, Council Member Glover was elected to the Air Quality Management District and will have some very important input on regional issues which will affect the City. He said she worked very hard and received a lot of support from staff, Council Member O'Neil and Mayor Debay, and he complimented her on • her election. Council Member Glover said that she had a very good team working for her, Volume 51 - Page 18 INDEX EQ/CAC HQ/CAC (24) City of Newport Beach City Council Minutes January 13, 1997 • Council Member ONeil, Mayor Pro Tem Edwards, Mayor Debay, Assistant to the City Manager Ducey, and City Manager Murphy. She thanked everyone for their support and said she is hopeful that she can do a lot of positive things for Newport Beach. Sharon Brown made a public appeal to Police Chief McDonell to set up a meeting with him regarding some ongoing police department issues in hopes of ending some problems that still exist and aren't getting any better. City Manager Murphy indicated that he would relay her request to the Chief. Justin Anderson and Tim Andrews, students at Corona del Mar High School, addressed the Council with their concerns about the revocation of the "18- year old privilege" that allowed 18 year olds to write their own excuses. PUBLIC HEARINGS 19. AMEND THE GENERAL PLAN LAND USE ELEMENT TO REDESIGNATE THE EBELL CLUB PROPERTY FROM "GOVERNMENTAL, EDUCATIONAL AND INSTITUTIONAL FACILITIES" TO "SINGLE FAMILY RESIDENTIAL," AND REZONE THE PROPERTY FROM R -3 TO R-1 (The Ebell Club, 515 -521 West Balboa Blvd.) City Manager Murphy announced that there was no opposition to this • proposal, as outlined in the staff report, at the Planning Commission level. Mayor Debay opened the public hearing, and, hearing no testimony, closed the hearing. Motion by Mayor Pro Tern Edwards to adopt Resolution No. 97 -2 adopting General Plan Amendment No. 95 -1(E) amending the Land Use Element of the General Plan to re- designate the property from "Governmental, Educational and Institutional Facilities" to "Single- Family Residential" use (GPA No. 95- 1(E)); adopt Resolution No. 97 -3 adopting Local Coastal Program Amendment No. 40 amending the Local Coastal Program Land Use Plan to re- designate the property from "Governmental, Educational and Institutional Facilities" to "Single - Family Residential" Use (LCP Amendment No. 40); and introduce Ordinance No. 97 -5 amending portions of Districting Map No. 10 rezoning the property from the R -3 to the R -1 District (PC Amendment No. 857). The motion carried by the following roll call vote: I ZEN) GPA 95 -1(E) LCP40 Dist Map 10 (45) Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 20. APPEAL OF THE DECISION OF THE PLANNING COMMISSION Use Permit • DENYING THE ESTABLISHMENT OF A STOREFRONT RENTAL 3,994 CAR AGENCY, WITH VEHICLES PRESENT, IN A COMMERCIAL (88) CENTER - THRIFTY RENT -A -CAR, 2018 QUAIL STREET - USE Volume 51 - Page 19 • City of Newport Beach City Council Minutes January 13,1997 INDEX City Clerk Harkless reported that a letter was received on January 13, 1997 from tenants of Campus Square in support of the subject use permit application. Assistant City Manager Wood explained that this Use Permit application is for a car rental agency that serves mainly corporate accounts at the site, so their transactions take place for the most part in one of two ways: 1) either the customer is brought to their office to fill out the paperwork and collect the car; or 2) the car is delivered to the customer. The majority of the fleet sits off -site on contract to other people. The Planning Commission denied the Use Permit based on concerns with parking impacts on the other tenants within the Center and because the off -site parking for a larger number of cars was not secured at the time. There was also concern about cars being delivered to the site via the large carrier trucks. Since the Planning Commission hearing, the applicant has attempted to secure the off -site parking and as of this evening, the applicant has arranged a month to month lease for off -site parking. Staff feels that a long -term arrangement for the off -site parking is necessary so this use does not impact the other businesses in the Center, therefore should the Council chose to approve this permit, staff has proposed conditions that would require long -term parking. There are also conditions that require that eight parking spaces be available on -site and that the carrier off - loading occur at the off -site parking location rather • than at this site. The letter the Council just received is from eleven tenants in the Center and they are now in support of this application. The letter indicates that so far there have not been any problems with regard to parking. She said that six of the people that signed this letter are individuals who had previously signed the letter in opposition to the proposal in November when it was before the Planning Commission. Ms. Wood reiterated that at the present time the applicant has only made arrangements for month to month parking, and. staff does not feel that is satisfactory. Staff has drafted the condition to state that it needs to be a permanent agreement. One of the things that staff has specified that should be in the parking agreement is that the City, as well as Thrifty, be notified thirty days in advance of the agreement being canceled so that the applicant can either make other arrangements for off -site parking or the City can take whatever action is needed in regard to the Use Permit. She further explained that there are two alternatives for the parking agreement and what staff has proposed in Condition 18 of Exhibit "A" is that there be an off - site parking agreement that comes back to the City Council for approval. In the alternative, the Council could provide for an informal off -site parking agreement and there is alternative language for Condition 18 on page six of the staff report. Council Member Thomson said that he was on the Planning Commission when this item was heard and he voted against it because of the negative impacts on the rest of the building. He noted that of the tenants who signed • the protest letter on November 5th, six of those have now signed the letter dated January 6th in support of the use permit. He questioned whether the signers were major users of parking and noted that the Planning Volume 51 - Page 20 • City of Newport Beach City Council Minutes January 13, 1997 I` 1 ` Commission's concern was that the impact on the parking would be devastating for the rest of the tenants in the building in that area if the applicant brought in more than seven or eight cars for the slots he was allocated. He asked about the condition of the building as far as rental and noted that if it leases up more and this applicant: is using a lot more parking, unless it is absolutely prohibited and he is given a temporary permit or a permit that can be reviewed in 90 days with the option to cancel it, then the City is putting itself at great risk by approving this. He said he would not be in favor of approving the use permit unless there was real control over the parking impact on this building. In response to Mayor Debay's question about who would monitor the parking and whether there was a condition included regarding callback, Ms. Wood indicated that such a condition has not been included but it would be appropriate if that is a concern of Council. She said there isn't anyone actually monitoring the parking, however if there were a condition for callback included then staff would monitor it regularly. In response to Mayor Pro Tem Edwards, Ms. Wood explained that the monitoring could be done either on a complaint basis or a condition could be written that for the first year there would be reports back to the Planning Commission on the status of the parking situation at three or six month intervals. Mayor Pro Tern Edwards asked about the issue of rental car agencies that rent from the airport wherein the City doesn't gel: any of the tax revenue and • questioned whether this is similar. Ms. Wood explained that this agency is different because they don't have a facility at the airport and the customer either comes to the office or the car is delivered to the customer at the customer's location. However, she said the applicant can probably work around this though because the City cannot write anything into the conditions of approval to require that he continue to operate as he currently is. Council Member Glover said that she spoke to Planning Commissioner Ed Selich on the sales tax issue because of her concerns with rental cars and the concerns expressed by the Airport Land Use landowners about the frequency and the amount of land that is dedicated to this type of usage and their fears that it depresses the real estate values. She reported that the Planning Commission did not feel this was in the same vain as what the Council has looked at previously. Mayor Debay opened the public hearing. Brian Wood, Thrifty Car Rental, 2018 Quail Street, explained that originally he started out as a leasing company, and when his customers cars would break down he would send them to Budget or Hertz, so he decided to buy a Thrifty licensee franchise so he could keep his customers in his own cars. He said he currently has 63 cars and of those 45 are on lease to companies. Out of those cars he said he has an additional 20 at a corporate account at the . Sheraton and they provide him with 35 parking spaces to park the cars, so he doesn't have a great need for parking. He said the Planning Commission felt he did, and he went along with their decision because there may be some Volume 51 - Page 21 City of Newport Beach City Council Minutes January 13, 1997 INDEX • time in the future when he will grow with just strictly car rental and not leasing. The cars are leased for three years and he doesn't see them unless they break down. To offset the additional cars, he rents them to customers who fly into the airport or at the hotel and they are all rented in Newport. He said his customers may be picked up at the airport but the transaction takes place in Newport. He said that he has leased an adjacent lot on a long- term lease but the soil has to be tested before it can be paved and it will take 90 days to get the test results back to make sure there is no contamination. He said it will be a five -year lease and will match the lease that he has at Campus Square. He noted that the biggest user of the lot at Campus Square, Hoagie Barmichaels, has signed the support letter, however has indicated that there should not be more than 15 cars parked at any one time in the lot. He explained that he doesn't have transport trucks because he isn't big enough for that. He distributed photos taken on December 8, 1996 when Hertz had about 63 cars in the lot and also noted that they have transport trucks pick up in that lot. He explained the steps he has taken by contacting Code Enforcement and the Police Department and the problems he encountered with getting the driver cited. He indicated that the truckers aren't concerned with getting tickets because Hertz pays them. Based on this situation, he said he understands the concerns that the tenants had when they learned that another car rental company was going to move into the Center. He explained that the landlord has provided him with stickers to put on car windows indicating that the license plate number has been recorded and if the car remains it can be towed. He said the owner is also • drafting a letter giving him authorization to call the Police and report these incidents. Mayor Debay requested that staff review the conditions of Hertz's use permit to determine if it prohibits on -site delivery. Council Member Glover asked if it would be appropriate for the Council to add a condition that if the applicant opens a counter at the airport that the use permit would come back for review. City Attorney Burnham said he isn't sure if that is appropriate because he doesn't know if there is a direct connection between opening a counter and the number of cars the applicant has available for lease or rent. Mayor Pro Tem. Edwards questioned whether a broad condition could be added to the Use Permit without imposing such a strict restriction, but would allow further review if the manner of operation of the business changed. Mr. Burnham clarified that the condition would be one that would basically take the existing operation and would require. that the Use Permit be amended if the percentage of rental vehicles changes significantly from that currently established. He clarified with the applicant that the use permit would authorize essentially the existing operation. . Mr. Wood explained that his lease provides him 1.5 parking spaces, however the City requirement is that he have only 8 spaces. Volume 51 - Page 22 • • • City of Newport Beach City Council Minutes January 13, 1997 Council Member Thomson said the issue that should be conditioned is the impact on the tenant structure in case the applicant ever expands his business and has a bigger lot off -site. Assistant City Manager Wood explained that there are two conditions proposed that address Council Member Thomson's concerns. Condition No. 3 states that 8 parking spaces shall be allocated to the tenant for the parking of employee vehicles, patrons and the storage of rental vehicles. Condition No. 5 says that no more than 7 rental vehicles shall be parked on the subject property at any one time. Mr. Wood indicated that those conditions are acceptable and he doesn't have a problem with having a permanent lease within the next 90 -150 days. He also indicated that the callback condition is acceptable. Council Member Thomson explained that his concern is with the impact on the tenant building long -term, however if it isn't an issue with the landlord or the rest of the tenants, maybe the City shouldn't be concerned about it. City Attorney Burnham said that one of the concerns was that the change in the operation or an increase in the number of cars rented on a daily basis may cause the applicant for the permit to increase the number of spaces on- site that are actually used and it would be very difficult for the City to monitor and to know which cars on the site are in fact his and are available for rental. He suggested that this item be continued for two weeks in order to allow staff an opportunity to discuss with the applicant the types of conditions necessary to address everyone's concerns. He said typically the City requires the off -site parking agreement to be of the same duration as the use permit, which would be in perpetuity. In this case, the applicant has a five year lease of the site and the code would require that the off -site parking agreement be of that duration. Motion by Council Member O'Neil to continue the public hearing to January 27, 1997. Mayor Pro Tem Edwards spoke in support of the motion with the understanding that the concerns he raised, as well as those raised by Council Members Thomson and Glover, will also be resolved to the satisfaction of the City Attorney, as well as the applicant. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 21. NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT ANNUAL RENEWAL FOR 1997 CALENDAR ]TEAR. Principal Planner John Douglas explained that the Newport Beach Restaurant Improvement District was formed to promote the restaurant industry. He said the District has completed its first year of operation and is Volume 51 - Page 23 1 II NB Rest Imp Dist (27) • L • City of Newport Beach City Council Minutes January 13, 1997 requesting that the District be renewed. He reported that no protests were received regarding the BID assessment. He publicly commended Rosalind Williams, Executive Director of the Conference and Visitors Bureau and Dan Marcheano, President of the Restaurant Association, for their work with this BID. Mayor Debay opened the public hearing. Dan Marcheano, President of the Restaurant Association, announced that they have finished the first year of the District, enjoyed some successes with their marketing and advertising program, and are looking forward to next year. In response to Council Member Noyes question about the plans for their surplus funds of $21,000, Mr. Marcheano indicated that since they aren't experts in this area they are trying to map out their expenditures so they get the most for their money. Hearing no testimony, the public hearing was closed. Motion by Council Member O'Neil to adopt Resolution No. 97 -4 confirming the Newport Beach Restaurant Improvement District Annual Report and levying the BID assessment for calendar year 1997 at the same level as the prior year since the protests represent less than 50 percent of the total assessment amount. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 22. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL FOR 1997 CALENDAR YEAR. Principal Planner John Douglas explained that the Marine Avenue Business Improvement District also just celebrated their one year anniversary and no protests were received regarding the renewal of their District either. He reported that during the preliminary discussions there were some concerns voiced about whether business owners with multiple businesses would be required to pay an assessment for each business, however it was clarified that they would only be assessed once. Mayor Debay opened the public hearing, and, hearing no testimony, closed the hearing. Motion by Council Member Noyes to adopt Resolution No. 97 -5 confirming the Marine Avenue Improvement District Annual Report and levying the BID assessment for calendar year 1997 at the sane level as the prior year since the protests represent less than 50 percent of the total assessment amount. Council Member Thomson commended the BID on the Balboa Island Volume 51 - Page 24 INDEX Marine Ave Bus Imp Dist (27) City of Newport Beach City Council Minutes January 13, 1997 • brochure. He also commended the group, as well as Council Member Noyes, for their work on this BID. Council Member Noyes suggested that this BII) assist the Corona del Mar group to get their BID established. Mayor Pro Tern Edwards stated that there are a tremendous number of people in the community, such as Dan Marcheano, Rush Hill, and Council Member Noyes, that give a lot of time without any compensation and he thanked them for their work. The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Glover, Mayor Debay Noes: None Absent: Hedges Abstain: Noyes 23. FY 1997 -98 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND REVIEW OF :FY 1996.97 ANNUAL PERFORMANCE REPORT. Principal Planner John Douglas explained that the City has been participating in the Community Development Block Grant (CDBG) program • for many years. Each year the City is required to hold two public hearings. This is the first hearing and the purpose is to review the performance report for the prior year and to receive testimony from the public on the needs of the community. He said staff is recommending that the second public hearing be scheduled in March to formally consider and approve the application to HUD for the FY 1997 -98 grant application. In response to Mayor Pro Tom Edwards, Mr. Douglas explained that under HUD regulations criteria is established for how the grant can be allocated (maximum amounts that can be spent for social services, administration, etc.). He further explained that there are new HUD regulations that allows some of the block grant money to be used for economic development activities as long as certain criteria is satisfied. He said staff has been reviewing those rules and believe that certain activities such as revitalization activities on the Balboa Peninsula might qualify under block grant regulations. He said staff will be looking at that this year and coming back to Council at the next public hearing with recommendations for how economic development needs can be addressed through the block grant program as one source of funds. Mayor Debay asked whether these grant funds can be expended on items such as Item 28 on the agenda that has to do with disabled sailors and their accessibility to different yacht basins. • Mayor Debay opened the public hearing. Rush Hill, Chairman of Economic Development Committee and Chairman of Volume 51 - Page 25 INDEX CDBG (HUD) (87) • City of Newport Beach City Council Minutes January 13, 1997 l 11 the Board of the Newport Harbor Area Chamber of Commerce, said his goal is to encourage the Council to direct staff to use this years CDBG funds as part of the resources that the City will need to use to begin the implementation of the revitalization of the Newport Peninsula. On January 20, 1997 the Council will receive a report that has been generated by dozens of people and hundreds of man hours looking at the peninsula. Within that report is included the justification and the need for infrastructure improvements, revitalization of the facades of the commercial districts and improvement of the tenant mix of the businesses on the peninsula. He said he believes these are appropriate and excellent uses of CDBG funds and encouraged the Council to begin to identify and tap all funds that are available. Tim Collins, representing the Balboa Peninsula Planning Advisory Committee (BPPAC), said they are looking forward to presenting their report to Council on January 20, 1997 and they feel the CDBG funds are an essential element of the financing of the aspirations of the report. He also asked that staff who reviews the block grants and oversees the City's program be brought into the discussion at an early phase since it is important that they have a very clear understanding as to the merits of the programs for which the funds are sought. Celeste Jardine -Haug, Manager of Oasis Senior Center, explained that Oasis functions as a focal point senior program to assist seniors by providing them • services and activities to allow them to live more independently in the community. She said 25% of the residents in the City are 60 years or older. She explained that Oasis provides a transportation program that is available Monday through Friday, 8:00 a.m. to 5:00 p.m., for such things as medical appointments and grocery shopping. Only residents of Newport Beach are served by this program. She explained that the Dial -A -Ride program, which was managed by the Orange County Transportation Authority, is no longer available to Newport Beach and a program called. Access has taken its place. Access is only available to those people who have a true documented disability and being frail and homebound does not qualify someone as disabled for the Access program. She indicated that this change in focus has left many people without a means of transportation and consequently there has been a large increase in demand on the services at Oasis. She said transportation service is expensive and there are overhead costs, therefore they will be submitting an application for CDBG funding. She asked that the Council assign a high priority for senior transportation when determining how to allocate the funds. City Manager Murphy explained that several months ago the Finance Committee, while reviewing the KPMG study, provided direction to staff to look at other sources of funding other than the General Fund for costs that could not be recovered through fees. This direction resulted in the Oasis' application for the use of block grant funds. • Mayor Debay explained that the allocation for FY 1997 -98 from HUD is $515,000, which is money that comes back to the City from the tax dollars to the federal government. Volume 51 - Page 26 • • City of Newport Beach City Council Minutes January 13, 1997 City Manager Murphy explained that legally the City cannot use the full allocation from CDBG for BPPAC. He explained that this fiscal year the budget was used for the following categories: public service activities, program administration, and ADA improvements. Ken Kuhlmann said he thinks the federal funds could be used very wisely in the West Newport area to upgrade the area. He voiced concerns about the cracks and holes in the streets and the overhead wires and distributed pictures of the wires in the streets on Seashore and River. He said the people in West Newport have given up after trying a lot of things and having nothing happen. He said that 37% of the homeowners live in West Newport and suggested that the grant funds be used to get rid of the 1920 wires and to upgrade the area. Mayor Debay invited Mr. Kuhlmann to the Community Pride meetings for West Newport and also said she would like to make an appointment to meet with him and Public Works Director Webb to talk about the capital improvement and undergrounding projects they would like to see in West Newport. Mr. Murphy explained that the Newport Island undergrounding project was paid for by the property owners through an assessment district. He offered to also meet with Mr. Kuhlmann to explain the process. Jean Wegener, Executive Director of Serving People in Need (S.P.I.N.), thanked the Mayor for clarifying that 16% of the grant funds is allocated for social service programs, 51% of which is to be spent on low- and moderate - income individuals. She said their organization was founded by Newport Beach residents and they have been serving the City residents for the last ten years. She said they have found the primary needs of the low- and moderate - income residents of the City to be transitional shelter, assistance with moving costs for housing, substance abuse recovery, delivered meals to the elderly, child care subsidy, and homelessness prevention which includes rent subsidy, food assistance, bus passes for transportation, and utility assistance, as well as transitional shelter. Of equal importance is the critical support services which assist people in becoming independent and completely free of any public support. She said they are very proud of the fact that 68% of their clients within two years time are totally independent of any public assistance. She also pointed out that they have experienced a dramatic increase in referrals from Hoag Hospital, their social workers and the staff of the Chemical Dependency Unit, because of their substance abuse recovery program and their staff is forecasting an even greater number of referrals in the upcoming year. She thanked the Council for the support of their program in the past. Larry Haynes, Mercy House, thanked the Council for funding their agency for the first time last year and asked that they be given consideration again • next year. As a taxpayer he said he would rather his money went to people who are the most vulnerable in society as opposed to those that possibly have other resources in order to live a high quality of life. He said the true Volume 51 - Page 27 • City of Newport Beach City Council Minutes January 13, 1997 INDEX measure of society is how we treat our most vulnerable, not how we continue to support our most oppulent. He explained the projects that they operate: Joseph House, a long -term shelter for single homeless men and Regina House, a long -term house for single mothers and their children. He said they are developing a third project, the Emmanuel House, for persons who are homeless and HIV systematic. At Joseph House all of the men are fully employed and if the members have children somewhere, they must be current on all of their child support payments. At Regina House when most of the women enter the program they are on ADC, but by the time they leave the program most of them are working and have gotten completely off from public assistance. Debby O'Connor, Executive Director of Fish- Harbor Area, thanked the Council for their past support. She explained that they are based in Newport Beach and have been serving the Harbor area for almost 29 years. She said the needs that they see right now that Newport Beach should be concerned about is homeless prevention and the rent to prevent eviction program for the low and extremely low income people living in Newport Beach. Included in that program is the rent subsidy to prevent eviction, along with the budget counseling, food assistance, utility assistance, job referrals and counseling. She said they also see a need for homeless assistance and a need for shelter for the homeless. She said they also see a need for bus tickets and gasoline to get the recipients to the shelters and to jobs, and for food, drug and alcohol rehabilitation. She said there is a great • need for subsidized child care for low income families working and living in Newport Beach and pointed out that they presently have 12 children on their subsidized child care program. She emphasized that there is a tremendous need for the elderly, especially the low income ones. They have a need for subsidized home delivered meals and this need has increased monthly. She said they also need subsidized in -home assistance, which they do not provide at the present time. She said there is a need for subsidized home repairs for both senior low income and also all low income families or homeowners. She thanked the Council for their past support and said she hopes it continues in the coming year. Janine Limas, Interval House Crisis Shelters, said they have been around for 17 years and during that time period they have gone from one home to four facilities. She said they offer 24 -hour hotline emergency shelter, transitional shelter, and a very comprehensive outreach program. Last year their focus changed to more education and preventative measures which calls for outreach counseling both on the part of a woman and the children that are involved in homes where there is domestic violence. Last year the City provided $10,000 in funding and she asked that they be considered this year. Hearing no further testimony, Mayor Debay closed the public hearing. Motion by Council Member O'Neil to direct staff to prepare the draft FY • 1997 -98 CDBG application for City Council review and approval at a public hearing tentatively scheduled for March 24, 1997. The motion carried by the following roll call vote: Volume 51 - Page 28 • City of Newport Beach City Council Minutes January 13, 1997 Ayes: O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 24. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION Mayor Debay explained that the Ad Hoc Committee interviewed candidates for the vacancy on the City Arts Commission and selected two candidates, Kathy Harrison and Nancy Warzer- Brady. She explained that for voting purposes the "yes" button will be for Nancy Warzer -Brady and the "no" button will be for Kathy Harrison. Nancy Warzer -Brady - Thomson, Noyes, Mayor Debay Kathy Harrison - O'Neil, Edwards, Glover The Council re -voted with the same results, therefore the appointment was continued until January 27, 1997. 25. UNSCHEDULED VACANCY ON THE PLANNING • Mayor Debay explained that vacancy and the Ad Hoc applicants to interview, and entire city Council. close to 20 applications were received for this Committee reviewed the resumes, chose six selected two nominees for ratification by the Motion by Mayor Pro Tem Edwards to confirm the nominations of Diane Coltrane and Richard Fuller for the vacancy on. the Planning Commission and schedule the appointment to be made on. January 27, 1997. The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 26. APPOINTMENTS BY MAYOR TO VARIOUS COUNCIL STANDING AND AD HOC COMMITTEES; AND JOINT GOVERNMENTAL COMMITTEES. I. A. Environmental Quality Affairs (contd. from 12/9/96) Mayor Debay explained that this appointment was continued from December • 9, 1996 and that at that time she asked for a volunteer to serve in this position. Volume 51 - Page 29 INDEX Arts Comm (24) Planning Comm (24) EQ/CAC (24) City of Newport Beach City Council Minutes January 13, 1997 • After discussion it was determined that this position would be left vacant at this time. 27. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE; -YEAR TERM ENDING DECEMBER 31, 1997 (appointed by Council upon recommendation of each Council Member) (contd. from 1219196). The nominations listed were confirmed and the remaining were continued until January 27, 1997: Bicycle Trails Citizens Advisory Committee (District 1) Council Member Hedges' appointment of (District 2) Mayor Debay's appointment of Paul Watkins and (District 3) Council Member Glover's appointment of Edward Rice and Keith Pearson. (District 4) Mayor Pro Tem Edwards' appointment of Eugene Kaliher and R. Scott Truesdell. (District 5) Council Member Noyes' appointment of Donald Harvey and • (District 6) Council Member O'Neil's appointment of and (District 7) Council Member Thomson's appointment of and Environmental Quality Affairs Citizens Affairs Committee (District 2) Mayor Debay's appointment of _ and (District 4) Mayor Pro Tem Edwards' appointment of Paul Field and Patricia Shehan. (District 5) Council Member Noyes' appointment of Brent Jacobsen and Jon Robertson. (District 6) Council Member O'Neil's appointment of Allen Murray and (District 7) Council Member Thomson's appointment of and Harbor Quality Citizens Affairs Committee • (District 2) Mayor Debay's appointment of Susan Leifer. (District 3) Council Member Glover's appointment of Volume 51 - Page 30 CAC (24) Iwo City of Newport Beach City Council Minutes January 13, 1997 (District 4) Mayor Pro Tern Edwards' appointment of John Drayton. (District 5) Council Member Noyes' appointment of Tom Houston. (District 6) Council Member O'Neil's appointment of Miriam Mayell. (District 7) Council Member Thomson's appointment of 28. SAILING FASCINATIONS APPEAL - SAILING FASCINATIONS IS A NON - PROFIT AGENCY SEEKING A WAIVER OF PAYMENT FOR SLIP FEES ($4,3441YEAR) AT THE CITY S BALBOA YACHT BASIN. THE REQUEST FOR THE WAIVER WAS RECEIVED AND DENIED BY THE CITY MANAGER. City Clerk Harkless reported that a letter was received on January 13, 1997 from Robert Tumelty, Immediate Past President of the Long Beach Marina Boat Owners Association, in support of the Sailing Fascination's request for a fee waiver. Fire Chief Riley explained that Mr. Jack Hester, President of Sailing Fascination, requested that the fees for slip rental be waived in order for his • organization to provide a disabled sailing program for the citizens of Newport Beach and Orange County. He noted that the fees are established by resolution, therefore staff was unable to grant an exception for Mr. Hester. Subsequent to that the City Manager received correspondence from Mr. Hester and he responded that he did not have the authority to waive fees since they are set by Council resolution. He explained that currently the boat is in a slip and there are eight vacancies at the Yacht Basin. He noted that the current location is preferred by the organization because of accessibility and even though they it doesn't meet ADA requirements it has good handicap access. Principal Planner John Douglas explained that the CDBG grant program requires that funds be used to satisfy the national objectives of benefiting low- and moderate - income persons, preventing slums and blight, and responding to urgent health and safety needs. He noted that the handicapped are assumed to be in the low- and moderate- income level. He said that based on his quick review of this, it appears that there is a possibility that the grant funds could be used for this type of a program. Assistant City Manager Wood clarified that it would have to fall within the 15% provided for social services. City Manager Murphy explained that last year the grant allocation decreased, therefore if a portion of the funding is used for this program it • would consequently reduce the funding for all other programs. Mayor Pro Tern Edwards asked whether the policy that deals with the Volume 51 - Page 31 INDEX Sailing Fascina- tions/Marine Div (51) City of Newport Beach City Council Minutes January 13, 1997 • donation of agencies. MEX City Attorney Burnham explained that there are two legal justifications for denial of this request: 1) as trustee of the Tidelands it is a requirement that the City charge fees that are equal to the fair market value; and 2) the City is prohibited from giving away public funds. He indicated that if the City were to waive the fees, the State probably would not take any action. He noted that as far as public funds, the fees can be waived if it is determined that the waiver of fees provides a public benefit. Mayor Debay requested that staff provide the applicant with a list of the private yacht clubs and their phone numbers so that if the City can't waive the fees possibly someone in the private sector could assist them. Don Riggs, Director of Sailing Fascinations, introduced Jack Hester, the President of Sailing Fascinations. Mr. Hester explained that their organization wants to provide an opportunity for disabled people to have an accessible boat and to have an opportunity to learn water safety and sailing. He indicated that they are a charitable organization and donations are tax deductible. He stated that they have received support from local and state businesses, however they are asking the City to help them bring this community service to the area. • He indicated that there are similar services in other cities. He explained that they currently occupy a slip in the basin marina, however it is not an ideal slip because it is close to the bulkhead. Ile asked the City to assist with the program by waiving the fees. He stated that recreation opportunities for the disabled are very limited. In response to Council Member Glover's question about who can become a member, it was explained that the organization requires that users of the service show a disabled placard. In reference to insurance and indemnification issues, it was explained that the organization would not be required to indemnify the City and once the program is started they will provide the appropriate insurance. Bernard Greene, 2506 Vista Drive, said that the Tidelands regulations doesn't indicate that this can't be done, but that 'the property be used to the maximum. He pointed out that the slip they are using is the least desirable and there are currently eight vacancies at the yacht basin. He said they want to provide a valuable service which fits in with the Tidelands requirements to maximize the use of the slip. Bonnie Gibson, Costa Mesa, Vice Commodore of Voyagers Yacht Club, said she has volunteered to be in the Sailing Fascinations program and feels it is a very important program. She explained that through another organization she has been involved in a program entitled "Sail for Blind and Visually Impaired," and the program has grown from 12 participants in 1990 to over . 125 in 1996. She said she observed the dock that they are currently using and it is perfect for them because it is wheelchair accessible. On behalf of the able bodied sailors, the members of the Yacht Club and the members of Volume 51 - Page 32 City of Newport Beach City Council Minutes January 13, 1997 INDEX • the disabled community, she encouraged the Council to waive slip fees. Don Riggs explained that they have approached all of the yacht clubs and have been unable to get a space and they have spoken to the Boys Club, however they would be required to give up their equipment. He also noted that they have asked for financial assistance. Council Member O'Neil said that the programs seems worthy of support, however the Council Finance Committee dealt with similar issues when reviewing the KPMG report and the proper use of public funds for athletic and senior programs. He said that as a trustee of the tidelands they are required to uphold the uses and he would have some reservations about waiving the fees without having further clarification from the City Attorney. He said he was hoping that the City could assist the program by helping them to find a location at another yacht basin. He suggested that rather than waive the fee that the City allow them to stay on an interim basis while working with them to find another location. He said he would like to have more time to review this request and would also like the City Attorney to contact State Land to see if granting this request would be appropriate. In response to questions about using the CDBG funds, Ms. Wood explained that funds would not be available until next fiscal year. is Council Member Noyes explained that it is apparent that all of the Council would like to approve this, however there appears to be some clear problems. He questioned whether an arrangement could be worked out with Mr. Hester for him to volunteer his services and the use of his equipment to offer sailing lessons through the City's recreation program. Mr. Burnham stated that if State Lands is amenable to this program, there is a possibility that the City could enter into an agreement with Sailing Fascination for a certain period of time or until 1.00 %u occupancy is achieved at the Balboa Yacht Basin. Motion to Mayor Pro Tem Edwards to continue this matter to a date uncertain to allow representatives from Sailing Fascinations to meet with staff and come back to Council with some alternatives. It was announced that if anyone in the community is interested in being a benefactor for this program they can contact the City Manager at 644 -3000. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None . MOTION FOR RECONSIDERATION - None Volume 51 - Page 33 • J • City of Newport Beach City Council Minutes January 13, 1997 - Monday, January 20, 1997 - 4:00 p.m. Study Session * * * * * * * * * * * * * * * * * * * * ** The agenda for the Regular meeting was posted on January S, 1997 at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk 4& A/zt�,� Recording Secretary Mayor Volume 51 - Page 34 11013