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HomeMy WebLinkAbout05/14/2002 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 14, 2002 - 7:10 p.m. INDEX - 4:10 p.m. CLOSED SESSION - 6:15 p.m. A. RECESSED AND RECONVENED AT 7:10 P.M. FOR REGULAR MEETING B. ROLL CALL Present: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Absent: Glover, Proctor (excused) C. CLOSED SESSION REPORT - None. D. PLEDGE OF ALLEGIANCE - Council Member O'Neil. E. INVOCATION - Mrs. Marianne McDaniel. F. PRESENTATIONS Cable Focus Group Announcement. Mayor Ridgeway reported that the City's existing cable franchise agreements with both Adelphia and Cox Communications expired in January 2002, but were extended through January 27, 2003 in order to seek information from the community as to what they want to see for local programming. Mayor Ridgeway announced that the focus group meetings would be taking place the week of May 20, 2002. Youth Council Challenge Day Announcement. Mayor Ridgeway announced that the Newport Beach Youth Council would be hosting the 2nd Annual Challenge Day on Saturday, May 18, 2002, from 9:00 a.m. to 4:00 p.m. at the Oasis Senior Center. He stated that the event is nationally recognized and aims to teach understanding in an effort to reduce the incidence of violence in schools and communities. G. NOTICE TO THE PUBLIC H. CITY COUNCIL ANNOUNCEMENTS OR MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- DISCUSSION ITEM): Council Member Heffernan stated that he had previously asked the City Clerk to find out if the City's web address could be changed because the current one, httn: / /www.city.newnort- beach.ca.us, is long and Volume 55 - Page 151 City of Newport Beach City Council Minutes May 14, 2002 cumbersome. He stated that it was reported back to him that the web address conforms to protocol and must remain as is. • Council Member Heffernan announced that he is formally appealing the decision of the Parks, Beaches & Recreation Commission to remove the ficus trees on the peninsula. • Council Member Heffernan stated that due to the Trenton Veches incident, the City must conduct a thorough review of its practices to make sure that all is being done to ensure that a high standard is being met. He noted the upcoming children's summer programs and the additional hiring that is currently taking place. • Mayor Pro Tern Bromberg announced that the Balboa Island Art Walk held on Saturday, May 12, 2002, was a huge success and attended by 3,000 to 4,000 people. He complimented the Public Works Department for being able to open a street that was discovered to be under construction, in a single day's notice. • Mayor Pro Tem Bromberg announced that the first of the Concerts in the Park series, sponsored by the City Arts Commission, would be taking place on Sunday, May 19, 2002, at Mariners Park at 5:30 p.m. • Mayor Pro Tern Bromberg announced that the Relay for Life, benefiting the American Cancer Society, would begin Friday, May 17, 2002, at 7:00 p.m. He stated that it's the first time it's been held in Newport Beach and close to 40 teams are participating. • Council Member Adams asked the City Manager to provide an update on the status of a citywide traffic signal timing and synchronization study. City Manager Bludau stated that he planned to include the item as a part of the City Council's review of the 2002.2003 budget and that it was included on the list of top priorities identified by staff at a recent retreat. PRESENTATIONS (cont.) Alzheimer's Association Presentation. Tom Casey, Director of the Alzheimer's Association of Orange County, introduced Mary Allen, a volunteer with the Association. Ms. Allen stated that it is estimated that more than 50,000 residents in Orange County have Alzheimer's, with its impact felt by all generations. Ms. Allen stated that 70% of Alzheimer's patients live at home, and 75% of the in -home care is handled by family and friends. She stated that in addition to the emotional cost, the national average lifetime financial cost is over $170,000. Ms. Allen stated that the Alzheimer's Association is dedicated to providing services, education and advocacy for individuals, families and the community, and that a variety of programs are provided at no cost. She stated that understanding and caring for a person with Alzheimer's can be overwhelming and frightening. The more the caregiver knows and understands, the better the quality of care will be. Ms. Allen encouraged members of the community to volunteer in helping the Association. She showed a brief video, which highlighted the Alzheimer's Association Memory Walk, the largest Volume 55 - Page 152 City of Newport Beach City Council Minutes May 14, 2002 fundraising event for the Association. Mayor Ridgeway thanked Mr. Casey and Ms. Allen for making the presentation. He stated that he, personally, used the Association's help line when a family member was diagnosed with Alzheimer's and found it to be very valuable. I. CONSENT CALENDAR READING OF MINUTESIORDINANCES AND RESOLUTIONS 1. Item removed from the Consent Calendar by a member of the audience. 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. ORDINANCE FOR ADOPTION 3. APPROVAL OF AN AMENDMENT TO PERS CONTRACT TO PROVIDE FOURTH LEVEL OF 1959 SURVIVOR BENEFITS TO MISCELLANEOUS EMPLOYEES. Adopt Ordinance No. 2002 -9 authorizing an amendment to the contract between the City Council of the City of Newport Beach and the Board of Administration of the California Public Employees' Retirement System. 4. AWARD OF NON - EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES TO ROCHE EXCAVATING, INC. 1) Adopt Resolution of Intention No. 2002 -33 to award a Non - exclusive Solid Waste Franchise to Roche Excavating, Inc. and to set the public hearing for May 28, 2002; and 2) introduce Ordinance No. 2002 -10 granting a Non - exclusive Solid Waste Franchise to Roche Excavating, Inc. and pass to second reading on May 28, 2002. 5. RESOLUTION FIXING THE EMPLOYER'S PERS MEDICAL CONTRIBUTION FOR NEWPORT BEACH FIREFIGHTERS ASSOCIATION. Item continued to May 28, 2002. CONTRACTS AND AGREEMENTS 6. Item removed from the Consent Calendar by a member of the audience. 7. PURCHASE OF RESCUE BOAT. Waive City competitive bidding guidelines and approve the single source purchase of a large rescue boat from Crystaliner Corporation of Costa Mesa at a total cost of $257,921.18 including tax. 8. Item removed from the Consent Calendar by a member of the audience. Volume 55 - Page 153 IQ1o►' Ord 2002 -9 C -563 PERS Fourth Level Survivor Benefits (38) Res 2002 -33 Ord 2002.10 Non - exclusive Solid Waste Collection Franchise/ Roche Excavating (42) C -2060 PERS Medical/ Firefighters (38/66) Rescue Boat Purchase (41/44) City of Newport Beach City Council Minutes May 14, 2002 INDEX 9. Item removed from the Consent Calendar by a member of the audience. 10. MEMORANDUM OF UNDERSTANDING WITH FIREFIGHTERS C -2060 Firefighters ASSOCIATION. Item continued to May 28, 2002. Assoc. MOU (38) 11. COOPERATIVE AGREEMENT BETWEEN THE CITY OF IRVINE C -3459 AND THE CITY OF NEWPORT BEACH FOR THE Median Landscaping/ INSTALLATION OF MEDIAN LANDSCAPING ON JAMBOREE Jamboree Road ROAD BETWEEN CAMPUS DRIVE AND BRISTOL STREET (38) (contd. from 4/9/02 & 4/23/02). Approve the Cooperative Agreement between the City of Newport Beach and the City of Irvine for the installation of median landscaping on Jamboree Road between Campus Drive and Bristol Street and authorize the Mayor and the City Clerk to execute the agreement. 12. Item removed from the Consent Calendar by a member of the audience. 13. OCEAN FRONT STREET END IMPROVEMENTS: FERN, C -3383 GRANT, HIGHLAND, NORDINA, AND SONORA STREETS — Ocean Front AWARD OF CONTRACT (C- 3383). 1) Approve the plans and Street End specifications; 2) award the contract (C -3383) to J.D.C. Inc. for the total Improvements bid price of $177,825 and authorize the Mayor and the City Clerk to (38) execute the contract; and 3) establish an amount of $17,000 to cover the cost of testing and unforeseen work. 14. BONITA CREEK SPORTS PARK LIGHTING (C -3439) — C -3439 COMPLETION AND ACCEPTANCE. 1) Accept the work; Bonita Creek 2) authorize the City Clerk to file a Notice of Completion; 3) authorize Sports Park the City Clerk to release the Labor and Materials bond 35 days after the Lighting Notice of Completion has been recorded in accordance with applicable (38) portions of the Civil Code; and 4) release the Faithful Performance Bond one (1) year after Council acceptance. 15. SEWER AND STORM DRAIN LINING PROJECT — AWARD OF C -3465 CONTRACT (C- 3465). 1) Approve the plans and specifications; BA -041 2) award a contract (C -3465) to Insituform Technologies, Inc. for the Sewer and total bid price of $356,407 and authorize the Mayor and the City Clerk Storm Drain to execute the contract; 3) establish an amount of $35,000 to cover the Lining Project cost of unforeseen work; and 4) authorize a budget amendment (BA -041) (38140) appropriating $144,407 from the unappropriated Wastewater Fund Reserve Balance to Account No. 7531- C5600292. 16. CITY HALL ELECTRICAL UPGRADES (C -3318) — COMPLETION C -3318 AND ACCEPTANCE. 1) Accept the work; 2) authorize the City Clerk City Hall to file a Notice of Completion; 3) authorize the City Clerk to release the Electrical Labor and Materials bond 35 days after the Notice of Completion has Upgrades been recorded in accordance with applicable portions of the Civil Code; (38) and 4) release the Faithful Performance Bond 1 year after Council acceptance. Volume 55 - Page 154 City of Newport Beach City Council Minutes May 14, 2002 INDEX MISCELLANEOUS ACTIONS 17. Item removed from the Consent Calendar by Mayor Ridgeway. Motion by Mayor Pro Tem Bromberg to approve the Consent Calendar, except for those items removed (1, 6, 8, 9, 12 and 17), and noting the continuance of Item Nos. 5 and 10. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor J. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. MINUTES OF THE ADJOURNED REGULAR AND REGULAR MEETING OF APRIL 23, 2002. Jim Hildreth, Newport Beach, referred to Volume 55, Pages 129 and 130 of the April 23, 2002, minutes. He stated that comments directed at him during the meeting were not included in the minutes. He stated that the minutes are records of the City. Additionally, Mr. Hildreth stated that the letters he presented at the meeting weren't properly noted in the minutes under the Public Comments section. Motion by Council Member O'Neil to waive reading of subject minutes, approve as written and order filed. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 6. PROFESSIONAL SERVICES AGREEMENT FOR ESHA STUDY TO CONDUCT FIELD STUDIES OF ENVIRONMENTALLY SENSITIVE HABITAT AREAS (ESHAs) AND PREPARE UPDATED POLICY AND REGULATION RECOMMENDATIONS FOR THE UPDATES OF THE LOCAL COASTAL PROGRAM (LCP) AND THE GENERAL PLAN. Dr. Jan Vandersloot, Newport Heights, stated that he wanted to make sure that certain areas in the City are covered under the agreement. Dr. Vandersloot stated that, specifically, the west side of Cliff Drive Park, the park site above the Central Library, Castaways Park, the bluff edges and faces, including those in Corona del Mar and Upper Newport Bay, the area between Jamboree Road, MacArthur Boulevard and the 73 Freeway, and various other wetland areas might qualify and should be Volume 55 - Page 155 C -3530 Environmentally Sensitive Habitat Area (ESHA) Study (38) City of Newport Beach City Council Minutes May 14, 2002 protected. Mayor Ridgeway asked Dr. Vandersloot to submit a written list of the areas to Senior Planner Alford. Planning Director Temple clarified that the agreement will not be limited to the coastal zone areas of the City and encouraged Dr. Vandersloot to include all areas of the City on his list. Motion by Mayor Pro Tern Bromberg to approve the professional services agreement with Coastal Resources Management. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 8. MODIFICATION OF AGREEMENT FOR OPERATIONS AND MAINTENANCE OF OIL FIELD FACILITY. 9. MODIFICATION OF AGREEMENT FOR OIL FIELD WASTEWATER DISCHARGE. Dr. Vandersloot, Newport Heights, asked that Item Nos. 8 and 9 be considered together since both involve clean water and water quality. He stated that the staff report didn't include the constituents of the wastewater or where the wastewater is going. Mayor Ridgeway stated that the wastewater used to be pumped to West Newport, but is now reinjected into 13 operating water wells. City Attorney Burnham added that drinking water aquifers are not involved in the process. Mayor Ridgeway additionally noted that it is saltwater that is coming from offshore wells. Motion by Council Member O'Neil to approve modification of agreement to Sampson Oil Company for operations and maintenance of the City's oil field facility; and authorize the Mayor and the City Clerk to execute the modification of agreement; and approve the modification of agreement to West Newport Oil for the disposal of wastewater from the operation of the oil and gas facility; and authorize the Mayor and the City Clerk to execute the modification of agreement. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 12. BALBOA ISLAND BAY FRONT REPAIRS — AWARD OF Volume 55 - Page 156 INDEX C -2428/ Oil Field Ops. & Maint. (38) C -30051 Oil Field Wastewater Discharge (38) I C -3458 City of Newport Beach City Council Minutes May 14, 2002 Jim Hildreth, Newport Beach, stated that some of the boardwalks around Balboa Island and Little Balboa Island have already been done, and he hoped that the contract under consideration was only for South Bay Front and East Bay Front. He added, however, that he hoped that the contractor would evaluate the previous work and take any shortcomings into account. Motion by Mayor Pro Tem Bromberg to approve the plans and specifications; award the contract (C -3458) to GCI Construction, Inc. for the total bid price of $198,810 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $19,000 to cover the cost of testing and unforeseen work; and approve a budget amendment (BA -040) transferring $15,000 from Account No. 3130 -8239 to Account No. 7012- C5100008. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 17. CITY'S POSITION ON PROPOSALS TO LIST NEWPORT BEACH AREA WATERWAYS AS WATER QUALITY-LIMITED. Assistant City Manager Kiff stated that approval of the staff recommendation would authorize the Mayor to send a letter to the State Water Resources Control Board to support a couple of things, including the City working with Defend the Bay on a trash Total Maximum Daily Load (TMDL) for the Santa Ana River and Newport Bay. Assistant City Manager Kiff explained that a TMDL is a daily limit on a contaminant and Defend the Bay believes that too much trash appears after storms. He stated that a comprehensive reduction in trash, from throughout the watershed, would benefit Newport Beach. Mayor Ridgeway asked what percentage of the trash in the Bay comes from Newport Beach. Assistant City Manager Kiff estimated that 80% to 90% of the trash comes from the inland cities. He added that the staff recommendation is to support Defend the Bay's trash TMDL proposal. Mayor Ridgeway noted that the City would probably be placing screens on the City's 2200 catch basins over the next ten years. City Manager Bludau asked how trash TMDL is measured. Assistant City Manager Kiff stated that the trash TMDL measurement has not been developed, but Defend the Bay is proposing that the State begin working on it. He added that the goal of Los Angeles County for their areas with trash TMDL's is zero trash within ten years. Mayor Pro Tem. Bromberg, as a member of the Coastal/Bay Water Quality Citizens Advisory Committee, stated that this would only be the Volume 55 - Page 157 BA -040 Balboa Island Bay Front Repairs (38/40) Newport Beach Area Waterways (51) City of Newport Beach City Council Minutes May 14, 2002 start of a III D/, Bob Caustin, 471 Old Newport Blvd., Defend the Bay, stated that Defend the Bay's current proposal is only to include certain areas on the State's list of impaired water bodies. He stated that this will start the process towards establishing trash TMDUs. Mr. Caustin stated that Assistant City Manager Kiffs estimate of the trash generated by Newport Beach is probably high. Motion by Mayor Pro Tem Brombere to authorize the Mayor to issue a letter to the State Water Resources Control Board regarding several waterways proposed for listing as "water quality limited" under Section 303(d) of the federal Clean Water Act. Dr. Jan Vandersloot, Newport Heights, stated that Buck Gully, Los Trances Creek and Muddy Creek should also be included on the list of water bodies. Mayor Ridgeway stated that they were included on the list. Dr. Vandersloot recommended that the Newport Beach shoreline, 1000 feet down coast of the Santa Ana River, also be included. He stated that including this area on the list would help with the issue of the sewage plume that is approaching the shoreline. Mayor Ridgeway stated that it would be premature to include the shoreline on the list at this time. Council Member Heffernan asked for staffs basis for not including the shoreline at this time. Assistant City Manager Kiff stated that listing a shoreline is usually done with extensive data about the problems in the area. He stated that this area has not had the bacteria problems that some of the other areas have had and would not be the best use of the limited TMDL development resources. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor K. PUBLIC COMMENTS Jim Hildreth, Newport Beach, presented a letter to the City Council, dated May 14, 2002, and asked that it be entered into record. Letter is on file in the City Clerk's office. He stated that the letter discussed his letter of August 14, 2001, which described what transpired on June 24, 1976, and Harbor Resources Manager Melum's response at the time. Mr. Hildreth stated that the documents he requested have been located and he hoped that a notice would be sent to him letting him know when the documents would be presented to him. He added that there is no reason why the J. M. Hildreth family residential pier mooring site Volume 55 - Page 158 City of Newport Beach City Council Minutes May 14, 2002 should have to move and asked when the City would honor the November 3, 1999, agreement. Mr. Hildreth reminded the City that it is illegal to deny a person access to their property. Derek Lesson, 20342 SW Cypress St., handed out an article published in Aerospace Engineering, and stated that the residents of Santa Ana Heights deserve quality of life. He noted that Measure W proposed to improve the quality of life for all residents of Orange County. Mr. Lesson referred to the article and noted that new technology is available to reduce the noise caused by jets. He suggested that the City Attorney work towards improving the quality of life for current and future residents by meeting with the airlines and the County. Aaron Israel, 2104 Fuentes, Newport Beach Youth Council, announced that the Corona del Mar Scenic 5K would be taking place on June 1, 2002, and the Youth Council had been actively promoting the event. Additionally, he stated that the Youth Council is looking forward to Challenge Day, as announced earlier in the meeting by Mayor Ridgeway. Russell Niewiarowski, President of The New Millennium Group (TNMG), stated that TNMG is an advocate group for the El Toro airport alternative. He handed out a flyer and stated that the purpose of the flyer is to create awareness that an airport at El Toro is still attainable and that there is the opportunity to stop the City of Irvine from purchasing the property. Mr. Niewiarowski stated that the initiative being proposed by TNMG would rezone El Toro as an airport. He briefly mentioned the campaign taking place by TNMG. He stated that the initiative would provide a true vote for the residents of Orange County. He asked for the City's assistance and stated that South County is already threatened by the campaign. L. ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES — None. M. PLANNING COMMISSION AGENDA AND ORAL STATUS REPORT 18. PLANNING COMMISSION AGENDA FOR MAY 9, 2002. Planning Director Temple stated that there were four items on the May 9, 2002, Planning Commission agenda. She stated that the item regarding the Mortazavi Triplex was continued to June 6, 2002, and that the other three items were approved. Specifically, Planning Director Temple stated that the Planning Commission approved a paint spray booth at the Newport Harbor Shipyard and an amendment to a variance at 1201 Kings Road. She stated that the Planning Commission also reviewed the proposed 2002 -2003 Capital Improvement Program (CIP), and noted that the review is required by City Charter and State Planning Law, to determine the consistency of the CIP with the General Plan. Planning Director Temple stated that the Planning Commission found that the CIP is consistent. Volume 55 - Page 159 INDEX Planning (68) City of Newport Beach City Council Minutes May 14, 2002 N. 19. I W N o►' C HEARINGS PUBLIC HEARING — REVOCATION OF MOORING PERMITS. Revocation of Mooring Permits Mayor Ridgeway noted that Mooring Permit C -11 is being continued to (51) May 28, 2002. Assistant City Manager Kiff stated that the City Council routinely considers the revocation of mooring permits after the City has mailed two notices to the mooring permit holder and a public hearing has been held. He stated that the boat at Mooring A -255 has not been proven to be seaworthy and operable. Mayor Pro Tem Bromberg asked if it normal for the owner to have to prove seaworthiness or if the City is supposed to prove otherwise. Assistant City Manager Kiff stated that, typically, the Harbor Patrol will attempt to contact a boat owner when there is an allegation that a boat appears not to be seaworthy. He stated that a boat owner who receives such a notice needs to take the boat to the Harbor Patrol facility where it will be inspected. Mayor Ridgeway stated that the report did not include the factual basis for recommending a revocation of Mooring Permit A -255. Assistant City Manager Kiff stated that the holder was given notice to prove seaworthiness and has not done so, so it is assumed that the boat is not seaworthy. City Attorney Burnham stated the normal procedure is to determine that a boat is not seaworthy as outlined by Assistant City Manager Kiff but that, in this case, possibly more information should be provided as to why the initial notice was sent to the boat owner. City Attorney Burnham recommended that both items be continued to May 28, 2002. Council Member Adams asked if it is being considered to have the new Harbor Commission handle the revocation of mooring permits. Assistant City Manager Kiff stated that staff is proposing that the Harbor Commission have the authority to revoke mooring permits with the City Council handling appeals. Mayor Ridgeway opened the public hearing. Joe King, P. O. Box 5903, Mooring A -255 occupant, stated that he had a fire on his boat over a year ago, has spent approximately $60,000 and received the notice from the Harbor Patrol two weeks after removing the motor. He asked for a continuance of the revocation decision, as the boat should be running within the next couple of weeks. City Manager Bludau suggested that the revocation hearing be continued to June 11, 2002. Matthew Tonkovich, court appointed attorney for receiver E. Paul Tonkovich, stated that he is attending the current meeting for the discussion of Mooring Permit C -11, held by Henry Fernandez. Volume 55 - Page 160 City of Newport Beach City Council Minutes May 14, 2002 Mayor Ridgeway confirmed that Mr. Tonkovich is attempting to make a claim on the boat. Mr. Tonkovich stated that the receiver steps in as the position of Henry Fernandez. Additionally, he asked that the item be continued for thirty days to give them time to get more court orders and clarification. Motion by Council Member O'Neil to continue the item to June 11, 2002. The motion carried by the following roll call vote: Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor 20. APPEAL OF A STAFF DENIAL FOR STRUCTURAL ENCROACHMENTS WITHIN THE PUBLIC RIGHT -OF -WAY ADJACENT TO 2100 W. OCEAN FRONT (N2002 -0035) (contd. from 3126/02). Mayor Ridgeway announced that the item has been continued to May 28, 2002. P. CURRENT BUSINESS 21. BROWN DUPLEX (PA2001 -173) — 405 DAHLIA AVENUE — APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A FINDING OF SUBSTANTIAL CONFORMANCE RELATED TO A PREVIOUSLY APPROVED PROJECT [Applicant — Jeffrey Brown, property owner]. Planning Director Temple stated that a couple of months ago, the Planning Commission approved a variance at 405 Dahlia Avenue, which included a garage arrangement accessed from a proposed common access easement with an adjoining property owner. Subsequent to the approval, the owner of 405 Dahlia Avenue was unable to finalize the agreement with the adjoining property owner, which meant that the garages had to be reoriented. Due to the significance of the change, the item was brought back before the Planning Commission for a determination of substantial conformance. Planning Director Temple stated that due to the loss of on- street parking and the changed arrangement, the Planning Commission denied the request. Council Member O'Neil stated that he has reviewed the project and the staff report, and understands the situation. He stated that he also met with the applicant at the property and believes that the City Council can make a finding of substantial conformance. He added that it is unfortunate that the neighbors haven't come to agreement on a Volume 55 - Page 161 INDEX EPN2002 -0035 Structural Encroachments/ 2100 W. Ocean Front (65) PA2001 -173 Brown Duplex/ 405 Dahlia Ave (68) City of Newport Beach City Council Minutes May 14, 2002 INDEX reciprocal access easement, but possibly it could still be done. Motion by Council Member O'Neil to approve the applicant's request with the modified conditions of approval as recommended by staff. Planning Director Temple noted that the motion includes the three amended conditions as listed in the staff report. The motion carried by the following roll call vote Ayes: Heffernan, O'Neil, Bromberg, Adams, Mayor Ridgeway Noes: None Abstain: None Absent: Glover, Proctor Q. MOTION FOR RECONSIDERATION - None. R. ADJOURNMENT - 8:17 p.m. The agenda for the Regular Meeting was posted on May 8, 2002, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. i i zl Recording Secretary J f Mayor Volume 55 - Page 162