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Home My WebLink About02/08/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting February S, 1999 - 7:00 p.m. INDEX — 4:00 p.m. [Refer to separate minutes] - None - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Ridgeway, Noyes, Mayor O'Neil Absent: Debay (excused) Pledge of Allegiance - Mayor Pro Tern Thomson. Invocation by Reverend Vincent Gilmore of Our Lady Queen of Angels Church. • Presentation by Okazaki Sister City. Wendell Fish, President Emeritus of the Newport Beach Sister City Association, stated that the City of Okazaki holds an annual essay contest in which the winners receive a week vacation in the United States. This year's winners were Yuriko Endo, Yuko Kawai, Fumitaka Kawada, Shiro Kodaira, Hiromori Muto, Sigeo Suzuki, and Mayumi Takahashi. Mayor O'Neil presented each of them with a Newport Beach bag, mug, and brochure. They also presented Mayor O'Neil with a gift and letters from the Mayor of Okazaki. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- • Council Member Noyes apologized for the loud fireworks display at the Dunes last night and reported that the Dunes indicated that they will not ask for another private party fireworks permit again even though this party met the permit requirements. • Council Member Noyes requested that a report be brought back in two weeks on the feasibility of renovating the restroom on the Balboa Island side of the ferry landing. • Council Member Noyes requested a feasibility study of in -house dredging of hot spots. • Council Member Noyes requested an inventory of the affordable housing in the • City and the terms of the agreements. • Council Member Noyes requested that a discussion take place on timeshare /transient occupancy tax issues and that Council look at the ordinance Volume 52 - Page 347 • City of Newport Beach City Council Minutes February 8, 1999 regarding the 30 day issue. • Noting that the Bison/Jamboree traffic issue is in his district, Council Member Adams requested that the February 16 meeting be postponed as he will not be able to attend. He noted that he is working with the residents in the area and will suggest another date at the February 22 meeting. CONSENT CALENDAR 1. MINUTES OF THE STUDY SESSION AND REGULAR MEETING OF JANUARY 25, 1999 AND ADJOURNED REGULAR MEETING OF JANUARY 29, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. RESOLUTIONS FOR ADOPTION 3. Removed from the consent calendar at the request of Council Member Glover. • 4. 1999 LOCAL COASTAL PROGRAM PLANNING GRANT APPLICATION (contd. from 1/11/99 and 1/25/99). Adopt Resolution No. 99 -5, authorizing the City Manager to submit an application for grant funding to complete certification of the Newport Beach Local Coastal Program. ORDINANCE FOR ADOPTION 5. AMENDMENT TO THE NEWPORT PLACE PLANNED COMMUNITY DISTRICT TO ESTABLISH THE PERMITTED GROSS FLOOR AREA FOR NEWPORT PLACE BLOCK 1 AT 378,713 SQUARE FEET (PLANNING COMMISSION AMENDMENT NO. 880) - PROPERTY LOCATED AT 1301 QUAIL STREET AND 1001 QUAIL STREET. Adopt Ordinance No. 99 -4. CONTRACTS AND AGREEMENTS 6. COMPLETION AND ACCEPTANCE OF THE RIVER AVENUE STREET REHABILITATION (C- 3178). Accept the work; authorize the City Clerk to file a Notice of Completion; authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code; authorize $15,000.00 from the amount remaining in the River Avenue Street Rehabilitation Project (Account No. 7013- C5100364), for the purchase and planting of • Queen Palm trees along the south side of River Avenue; and authorize budget amendment (BA -045) to transfer $9,500.00 from the River Avenue Reconstruction (Account No. 7013- C5100364) to the Sidewalk, Curb and Gutter Replacement (Account No. 7013- C5100020). Volume 52 - Page 348 FJA15 Res 99 -8 Local Coastal Program Grant Application (68) Ord 99 -4 GPA 98 -1(C) Newport Place Planned Community 1301 & 1001 Quail St. (45) C -3178 BA -045 River Avenue Street Rehabilitation (40/38) City of Newport Beach City Council Minutes February 8, 1999 . 7. TERMINATION OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISE AGREEMENT WITH A- TROJAN DISPOSAL. Adopt Resolution No. 99 -9 terminating the solid waste franchise agreement between the City of Newport Beach and A- Trojan Disposal; and approve the agreement to surrender the franchise agreement between the City of Newport Beach and A -Trojan Disposal. MISCELLANEOUS ACTIONS 8. ACCEPTANCE OF DEDICATIONS REQUIRED WITH THE APPROVAL OF RESUBDIVISION NO. 1051 (FREEWAY RESERVATION NORTH). Accept the Offer of Dedication of Bonita Canyon Drive and MacArthur Boulevard as shown on Parcel Map No. 98 -204 (Resubdivision No. 1051); and certify abandonment of easements as noted on Parcel Map No. 98 -204 (Resubdivision No. 1051) and authorize the City Clerk to execute the certification. 9. BUDGET AMENDMENT (BA -044) TO APPROPRIATE LIBRARY GRANT MONEY FROM THE DEPARTMENT OF EDUCATION TO VARIOUS ACCOUNTS IN SUPPORT SERVICES. Approve budget amendment. 10. TOWER REPLACEMENT AND REPAIR. Approve budget amendment (BA -046), transferring $34,500 from the General Fund into the Fire and • Marine Department Account, to provide for the replacement of three ocean front lifeguard towers at $6,500, three bay towers at $2,500 each, and provide structural repair to 15 towers for $7,500. Sll. APPOINTMENT OF THOMAS S. ANDERSON AS ALTERNATE TO THE AVIATION COMMITTEE FOR DISTRICT 3. Confirm appointment. Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for the item removed (3). Without objection, the motion carried by acclamation. ITEM REMOVED FROM THE CONSENT CALENDAR 3. RESOLUTION NO. 99 -7 JOINING THE EL TORO AIRPORT ALLIANCE AND DESIGNATING THE MAYOR AS A MEMBER OF THE ALLIANCE BOARD OF DIRECTORS. Council Member Glover announced that the City Attorney placed a revised resolution before Council and proceeded to read the resolution aloud. Motion by Council Member Glover to adopt Resolution No. 99 -7. Council Member Ridgeway emphasized that the revised resolution does not • take any financial responsibility but only allows the City to join the Alliance. Without objection, the motion carried by acclamation. Volume 52 - Page 349 INDEX Res 99 -9 Commercial Solid Waste Collection Franchise Agr./ A- Trojan Disposal (42) Resub 1051 Bonita Canyon Drive & MacArthur Blvd./ Freeway Reservation North (84) BA -044 Library Grant Money (40/50) BA -046 Lifeguard Tower Replacement (40/51) Aviation Committee (24) Res 99 -7 E1 Toro Airport Alliance (54) City of Newport Beach City Council Minutes February 8, 1999 INDEX • PUBLIC COMMENTS Karen Kopicki, 10 Crest Circle, representing the Canyon Crest Estates Homeowners, presented Council and the City Clerk with correspondence expressing their objections to the recent Parks, Beaches and Recreation Commission (PB &R) decision on two Newport Beach Little League proposals to expand the facilities and increase the use at the Lincoln Athletic Center. She stated that they wish to appeal the February 2 PB &R decision and requested that Council place this issue on a future agenda. At the request of Council, City Attorney Burnham clarified that this item can be discussed at a future meeting if the portion in which Council Members raise items to be placed on a future agenda is reconsidered. He added that his office has done research and believes there is no appeal process for PB &R decisions specified in the Municipal Code or Council Policy. Motion by Council Member Ridgeway to reopen matters which Council Members would like placed on a future agenda for discussion, action or report (non - discussion item). Without objection, the motion carried by acclamation Council Member Ridgeway requested that a City Council appeal process be developed for Parks, Beaches and Recreation Commission decisions; and the hours of lighting at the Lincoln Athletic Center be brought back at a future meeting. • In response to Ms. Kopicki's concerns, Council Member Ridgeway stated that the entire contents of her letter will be brought up for future review and that she will be notified as to when this will happen. In response to Council Member Glover's question, Mr. Burnham explained that there is no provision or policy that limits the right of Council to consider public improvements that have been approved by PB &R. Regarding a timeframe, Mr. Burnham stated that it also depends on how far along the project has been implemented. He stated that he assumes that Council Member Ridgeway wants to establish a category of projects that Council may have the right to review or may automatically come before Council. Ms. Glover stated that she would like the report to include whether this is legal for Council and a specified process. She noted that there is a project in her district that is similar. Council Member Ridgeway concurred with Mr. Burnham's assumption that the report should only refer to PB &R decisions since there are specific rules dealing with the Planning Commission. Council Member Adams requested that the report address the issue of changes in policy decisions and establish a timeframe for the appeal. In response to Council Member Glover's concerns, Mr. Burnham reported that PB &R acts in an advisory capacity to Council although it plays a role in the • development of park plans and recreational programs. He indicated that he will try to bring back a draft policy in two weeks that deals with Council's ability to call up a decision on issues that are not within PB &R's exclusive jurisdiction. He stated that he would like to discuss the public's due process with Council Member Ridgeway. Volume 52 • Page 350 E • J City of Newport Beach City Council Minutes February 8, 1999 PUBLIC HEARING 11. PUBLIC HEARING ON THE GRANTING OF A NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISE TO AMERICAN WRECKING, INC. AND WEST COAST LAND CLEARING. Mayor O'Neil opened the public hearing. Hearing no further testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Glover to adopt Ordinance No. 99 -3 granting a Non - exclusive Solid Waste Franchise to American Wrecking, Inc. and West Coast Land Clearing. Without objection, the motion carried by acclamation. CONTINUED BUSINESS 12. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE -YEAR TERM ENDING DECEMBER 31, 1999 (appointed by Council upon recommendation of each Council Member) (contd. from 1111/99 and 1/25/99). Environmental Quality Affairs Citizens Affairs Committee (District 7) Mayor Pro Tern Thomson's appointment of Judy Ware, and (at -large member). Without objection, the appointment was confirmed. Harbor Quality Citizens Affairs Committee (District 6) Mayor Pro Tern O'Neil's appointment of Lee Sutherland (replaces his previous appointment of Seymour Beek). (District 7) Mayor Pro Tern Thomson's appointment of James Martinez. Chairman Council Member Ridgeway (appointed by the Mayor). Vice Chairman Council Member Glover (appointed by the Mayor). Without objection, the appointments were confirmed. 13. UNSCHEDULED VACANCIES ON THE PLANNING COMMISSION. Motion by Mayor O Neil to continue the appointments of the two vacant seats on the Planning Commission with terms Expiring June 30, 2000 and June 30, 2002 to February 22, 1999. Mayor O'Neil assured that all members of Council will be in attendance. Volume 52 - Page 351 "N 1) W4 Ord 99 -3 Non - Exclusive Solid Waste Collection Franchise/ American Wrecking & West Coast Land Clearing (42) EQAC & Harbor Quality Appointments (24) Planning Commission Appointments (24) • • • City of Newport Beach City Council Minutes February S, 1999 INDEX Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNME NT - 7:45 p.m. The agenda for the Regular Meeting was posted on February 3, 1999, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on February 5, 1999, at 3:15 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Volume 52 - Page 352