The URL can be used to link to this page

Home My WebLink About05/09/1994 - Regular MeetingCOUNCIL MEMBERS CALL <\ CITY OF NEWPORT BEACH REGUTAR COUNCIL MEETING PLACE: Council Chambers TIME: 2:00 P.M. DATE: May 9, 1994 Present x x x x x x ROLL CALL Absent x Motion x Reading of Minutes of Meeting of April 25, Ayes x x x x x x 1994, was waived, approved as written and Absent x ordered filed. Mn x Reading in full of all ordinances and A, x x x x x x resolutions under consideration was waived, Absent x and City Clerk was directed to read by titles only. Motion x Following discussion among the Council Ayes x x x x x x relative to Council Policy A -10, Procedural Absent x Rules for the Conduct of City Council Meetings, motion was made by Mayor Turner to direct the City Attorney to revise said Policy regarding the placement of items on the Agenda by the City Council for review at the neat meeting. Council Member Hart entered the meeting at this time. COUNCIL COMMITTEE REPORTS - For discussion only (receive and file): Motion x 1. Bicycle Trails Citizens Advisory All Ayes Committee Minutes - April 4, 1994. Motion x 2. Environmental Quality Affairs Committee All Ayes Minutes - April 4, 1994. Motion x 3. Old Newport Boulevard Specific Area Plan All Ayes Ad Hoc Committee Meeting Notes - March 17, 1994. • STAFF REPORTS - For discussion /action: 4. Report from City Attorney regarding NARINERS MILE HEIGHT LIMIT COMMITTEE. Motion x Following comments by the City Attorney, All Ayes motion was made by Council Member Hart to rescind the action of April 25, 1994, establishing the Mariners Mile Height Limit Committee, direct staff to meet with representatives of Merchants Association and relevant homeowners associations and report back to City Council as soon as possible. 5. Report from Public Works Department regarding preliminary recommendations by staff concerning BICYCLE TRAILS CITIZENS ADVISORY COMMITTER REGARDING SEAn= DRIVE. Motion x Following comments by the Public Works All Ayes Director, motion was made by Council Member Debay to: 1. Direct Police Department staff to review vehicle parking encroachment problems within the bike • lanes along Seashore Drive and pursue rigorous enforcement within existing laws and ordinances; Volume 48 - Page 140 MINUTES INDEX BT /CAC (24) EQA /CAC (24) Old Npt B SAP /Ad Ho (24) Mariners Mile (94) BT /CAC (24) CITY OF NEWPORT BEACH COUNCIL MEMBERS �`�`9�9j� s �p � ROLL CALL May 9. 1994 Motion All Ayes Motion All Ayes • Motion All Ayes 1r� u 2. Refer the suggestion for additional red curbing to the West Newport -Ocean Front Comprehensive Plan Committee for discussion in a community forum. 3. If desired, concur in staff recommendation that speed limit signs not be posted. Prior to adjourning to Closed Session, Council Member Sansone moved that Agenda Item No. 36 - Verbal Report from the City Manager regarding the 1994 -95 BUDGET be moved to the first order of business at 7:00 p.m. The meeting adjourned to Closed Session at 2:40 p.m., and recessed at 3:20 p.m. The meeting reconvened at 7:00 p.m. Rick Lund, President, Newport Aquatics Booster Group, presented the City with a $9,000 check, balance due on the NEWPORT HARBOR HIGH SCHOOL loan. X Motion was made by Mayor Turner to consider Consent Calendar Item No. 8 at this time., 8. Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER. 3.32 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A MARINE CHARTER TAX. [Report from Revenue Manager /Finance Department] The City Clerk advised that after the agenda was printed, a letter was received from Davey's Locker, and Judy Leeper, 2833 Catalpa Street, in opposition to the proposed tax. X The City Manager reported that inasmuch as a number of .affected parties were unaware of this item on the agenda, a meeting has been scheduled for Thursday, May 11 at 10:00 a.m. in the Council Chambers for resident input, and as a result, motion was made by Mayor Turner that the proposed Ordinance and public hearing be deferred to Nay 23, 1994. Pursuant to previous Council action at their afternoon meeting, Agenda Item No. 36 was taken up at this time. 36. Verbal Report by the City Manager on the proposed 1994 -95 BUDGET. The City Manager advised that the City Council and staff have been given copies of the 1994 -95 Preliminary Budget, and that a study session on the first Volume 48 - Page 141 MINUTES Marine Charter T (27) 1994 -95 Budget COUNCIL MEMBERS ROLL CRL�L� �� C Motion All Ayes • • x CITY OF NEWPORT BEACH MINUTES May 9, 1994 portion of the document will be held to Minute page 141). Monday, May 16 from 2:00 to 6 :00 p.m, in 9. the Council Chambers. The public is Ord 94 -24 invited to attend, and interested persons can purchase a budget at the City Clerk's office for $15.00. (94) Additional study sessions will be held OF THE CITY OF NEWPORT BEACH in the latter part of the month and early June; the public hearing on the budget is scheduled for June 13, with BEACH MUNICIPAL CODE ALLOWING formal adoption of the budget by resolution on June 27. CONSENT CALENDAR RMC ZONING DISTRICTS. SUBJECT TO The following items were approved, e=ept for those items removed: ORDINANCES FOR 3[MTRODUCTION (PLANNING COMMISSION AMENDMENT NO. Pass to 2nd reading on May 23, 1994: 6. Proposed ORDINANCE NO. 94 -23, being, Ord 94 -23 Pkg Prhbtr AN ORDINANCE OF THE CITY COUNCIL (85) OF THE CITY OF NEWPORT BEACH 10. PROHIBITING PARKING WHERE THE Skateboarc METER IS INOPERABLE AND SIGNS ARE of SKATEBOARDS on East Balboa Boulevard POSTED ADVISING OF THE PROHIBITION. [Memorandum from the (85) Offstreet Parking Committee] from Public Works /Traffic Engineering] 7. Removed from the Consent Calendar. Schedule the following for public hearing on May 23, 1994: S. Removed from the Consent Calendar (refer Volume 48 - Page 142 to Minute page 141). 9. Proposed ORDINANCE NO. 94 -24, being, Ord 94 -24 Zoning AN ORDINANCE OF THE CITY COUNCIL (94) OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ALLOWING MUSEUM USE WITHIN THE RSC, APF AND RMC ZONING DISTRICTS. SUBJECT TO THE APPROVAL OF A USE PERMIT (PLANNING COMMISSION AMENDMENT NO. PCA 801 801). [Report from Planning Department] RESOLUTIONS FOR ADOPTIOP 10. Resolution No. 94 -25 prohibiting the use Skateboarc of SKATEBOARDS on East Balboa Boulevard Res 94 -25 between Main and G Streets. [Memorandum (85) from Public Works /Traffic Engineering] 11. Resolution No. 94 -26 establishing TWO- Pkg Rsctr3 HOUR PARKING on Marine Avenue from 60 Res 94 -26 feet south of Park Avenue to the North (95) Bay Front alley between the hours of 8:00 a.m. and 10:00 p.m. [Memorandum from Offstreet Parking Committee] 12. Resolution No. 94 -27 establishing one Pkg /30- 30- MINUTE PARKING SPACE, effective 7:00 Minute Sp a.m. to 6:00 p.m. daily at 2445 East Res 94 -27 Coast Highway in Corona del Mar. [Memorandum from Traffic Affairs (85) Committee] Volume 48 - Page 142 COUNCIL MEMBERS V01V\A\M*\k • CITY OF NEWPORT BEACH May 9, 1994 13. Resolution No. 94 -28 establishing HO PARKING RESTRICTIONS FOR STREET SWEEPING from 8:30 a.m. to 12:30 p.m., certain street ends between Seashore Drive and Oceanfront. [Memorandum from Public Works /Traffic Engineering] 14. Resolution No. 94 -29 imposing administrative FEES FOR PROCESSING DELINQUENT PARKING VIOLATIONS. [Report from Revenue Manager, Finance Department] 15. Resolution No. 94 -30 ratifying 1994/95 renewal (Contract No. 3006) for PROPERTY, HELICOPTER 6 MARINE INSURANCE (Home; Fireman's Fund; and Southern Marine Aviation Insurance Companies). [Report from City Manager] CONTRACTS AND AGREEMENTS 16. Removed from the Consent Calendar. 17. Contract for Management Services for MARINA PARK, MOBILE HOME PARK with Bendetti Group. [Report from Assistant City Manager] 18. PERSONNEL VACANCIES - Report from Personnel Director. 19. CLAIMS - For Denial by the City Manager: Jobn P. Dunlavy property damage claim March 4, .1994, alleging Ficus tree caused sewer backup at 2033 Miramar Drive; seeking reimbursement for Roto Rooter. Michael K. Flatten alleging City Refuse Division removed hand cart on March 29, 1994 from 1955 Port Laurent; seeking reimbursement of $77.99 (plus tax). Honeywell, Inc. seeking indemnity from civil action regarding Santiago, at al. vs Rheem Mfg. Co., at al, (8 -1 -93, El Torito Restaurant, Fashion Island). Thomas Raffetto for personal injuries, sustained as result of hitting large piece of concrete in bike trail from demolished gas station, area southbound of Superior at Placentia, weekend of May 1, 1994. Carmel Sciandra - Removed from the Consent Calendar. Jim Shanholtzer alleging damage to wheel as result of hitting pothole in street on Pacific Coast Highway near McDonalds on March 27, 1994. Brian Sinnott alleging vehicle damage as result of being rear -ended by Police vehicle on April 21, 1994 at 4555 WCH. Alice L. Smith alleging personal injuries as a result of tripping over small rock in center of roadway while work was being done in area by Gillespie Construction Company opposite 352 Hazel Drive on April 13, 1994. Volume 48 - Page 143 MINUTES COUNCIL MEMBERS • • CITY OF NEWPORT BEACH May 9, 1994 State Farm Insurance for Carmel Sciandra alleging City truck hit her vehicle on Goldenwest Street, Westminster on March 30, 1994. John B. Webb alleging mud in water caused by replacement of City pipes ruined load of clothes on April 11, 1994 at 1020 W. Bay Avenue; seeking reimbursement. 20. ACTIONS BY THE PLANNING DEPARTMENT - April 21, 1994 Planning Commission meeting. 21. Removed from the Consent Calendar. 22. COUNCIL POLICY L -6 - PRIVATE ENCROACHMENTS IN PUBLIC RIGHTS -OF -WAY; revised /corrected. [Memorandum from Public Works Department] 23. RESUBDIVISION NO. 997 - Approve a subdivision agreement guaranteeing completion of off -site public improvements required with the approval of Resub 997; and a subdivision agreement guaranteeing completion of an on -site stairway to be constructed between the upper and lower parking lots as required with the approval of Resub 997. [Report from Public Works Department] MINUTES INDEX Planning (68) Council Policy L -E (69) Resub 997 (84) 24. ADA ALTERATIONS CONTRACT NO. 2934 - PW /ADA Approve the plans and specifications for Altrtns readily achievable ADA Alterations; and C -2934 authorize City Clerk to advertise for (38) bids to be opened at 11:00 a.m., on June 1, 1994. [Report from Public Works Department] 25. ENCROACHMENT AGREEMENT /225 PEARL AVENUE, Permit/ RAT OA ISLAND - Approve application for Encroachmi construction and maintenance of private (65) improvements within the Pearl Avenue public rights -of -way adjacent to 225 Pearl Avenue, Balboa Island subject to execution of encroachment agreement for non - standard improvements (to be recorded by Orange County Recorder); and encroachment permit issued by Public Works Department. [Report from Public Works Department] 26. HARBOR PERMIT APPLICATION 104 -1801 - Harbor Approve (subject to conditions in staff Perm Apl report) request by California Recreation #104 -1801 Company to revise the commercial Harbor (51) permit bayward of 1801 Bayside Drive. [Report from Marine Department] 27. MANAGEMENT INFORMATION SYSTEMS/LONG Finance/ RANGE PLAN - Approve distribution of a MIS Pln Request for Proposal (RFP) to (40) consultants for preparation of a Citywide Management Information System (MIS) Long Range Plan. [Report from Finance Director] Volume 48 - Page 144 COUNCIL MEMBERS CRL�� \�� mot\ is Ll CITY OF NEWPORT BEACH May 9, 1994 SPECIAL EVENTS APPLICATIONS - Approve the following applications (Nos 94 -041, 047, 94- 110, and 121) subject to conditions in the staff reports from the Revenue Manager, Finance Department: 28. Application No. 94 -041 - 13th Annual Corona del Mar Scenic 5K Race: and 2 -Mile Fun Run. Saturday, June. 4, 1994, from 7:30 - 11:00 a.m. (includes request for outdoor use of amplified sound in a residential area). 29. Application No. 94 -047 - 4th Annual 5K Move-a- long- a-thon at Newport Dunes on Saturday, June 4, 1994, from 7:00 a.m. until 1:00 p.m. 30. Application No. 94 -110 - Surfing Contest, Saturday, May 28, 1994, 7:00 a.m. - 4:00 p.m., at the river jetty area (includes use of amplified sound on the beach). 31. Application No. 94 -121 - Centennial Celebration by Newport Elementary PTA on Saturday, May 21, 1994, on school grounds from 11:00 a.m. - 4:00 p.m. (includes use of amplified sound outdoors in a residential area). For denial: 32. Application No. 94 -001 - Anywhere Sports In -Line Exhibition at B- Street Parking Lot, Sunday, July 31, 1994 from 11:00 a.m. - 4:00 p.m. [Report from Revenue Manager, Finance Department] 33. BUDGET AMENDMENTS BA -054 Removed from the Consent Calendar. BA -055, $16,330 - To provide for a professional services agreement with EcoNomics, Inc., for variety of SOLID WASTE CONSULTING SERVICES. [Refer to report w /agenda item 161 ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 7. Report from Revenue Manager, Finance Department regarding proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.49.020 OF THE NEWPORT BEACH MUNICIPAL CODE (PERMIT FOR ALARM SYSTEM REQUIRED). Volume 48 - Page 145 MINUTES `MIL1111_?EI Special Events (27) Ap11194 -041 Ap14194 -047 Apl #94 -110 Ap11194 -121 Apl#94 -001 (40) Alarm Peru Sys (27) COUNCIL MEMBERS CR \ \v \�\X� nom\ • 0 Motion All Ayes • x CITY OF NEWPORT BEACH May 9, 1994 The City Manager advised that as of the end of April 1994, there are 6,119 alarm systems operating in the City on private property; 731 are directly hard -wired into the Police dispatch system; 257 are audible local bell systems, and 5,131 systems have private central station monitoring. The City currently has a program which charges those systems which are hard -wired into the Police dispatch and the fee for that service is $150 per year. The remaining 5,131 systems are required to pay an alarm application fee, but once the permit has been issued to the original applicant, the City has no method to regularly identify the current operator of the alarm system. With respect to false alarms, there is a $50 penalty assessed after a third false alarm within the calendar year, $100 for a fourth, $125 for a fifth, and on the sixth false alarm, the Police Chief or Fire Chief has the authority to terminate the City's response to that particular location. Glen Everroad, Revenue Manager, reported that the City is in competition with approximately 60 companies who provide monitoring alarm systems, and have only increased the annual monitoring fee once in the last three years to that of $150, which is 'half what the market collects for that service. The other approximately 5,131 alarm systems operating in the City, once installed, are not monitored by the City whatsoever. The proposed revisions would establish an annual renewal of the alarm permit, and provide for establishment of an.annual fee proposed at $20.00. It was also noted that the Budget Committee reviewed and approved the proposed annual permit renewal of $20.00 on April 5, 1994. The revenue from this permit renewal is estimated at $75,000. Barbara Barnard, 1100 W. Bay Avenue, Bruce Lloyd, 1826 Toyon Lane, and Sid Soffer,.900 Arbor Street, Costa Mesa, addressed the Council in ovnosWon to the proposed alarm fee of $20.00, indicating residents should not be taxed annually for a non - monitored system which is not an expense to the City, and suggested instead, that the fee for responding to false alarms be raised. Following discussion, motion was made by Council Member Hedges to defer this item to May 23, 1994, and to direct staff to report back on the feasibility of charging a fee on either the first or second false alarm response, or raising the fee on the third false alarm call, rather than imposing an annual fee of $20 as recommended. Volume 48 - Page 146 MINUTES Pers COUNCIL MEMBERS Fs ROLL CALL • • CITY OF NEWPORT BEACH May 9, 1994 16. Report from General Services Director recommending approval of Professional Services Agreement with EcoNomics, Inc., of Del Mar, California to perform a variety of SOLID WASTE CONSULTING SERVICES associated with AB 939 recycling compliance requirements for a fee not to exceed $16,330. Dave Niederhaus, General Services Director, advised that since City staff and a consultant firm completed the Source Reduction and Recycling Element (SRRE) in 1991, numerous items of legislation have remolded the requirements and accounting procedures for recycling and added considerable new workload for City staff. Many other bills associated with solid waste and recycling are now being considered by the State legislature which will impact the City as well. In anticipation of the many requirements the City must comply with regarding this matter, and the May 1 loss of the City's Recycling Coordinator, staff prepared a request for proposal which was sent to seven solid waste consulting firms. Seven proposals were received on April 6, ranging in cost from $16,330 to $45,500. He has imet with the low bidder, EcoNomics of Del Mar, and found that they are very familiar with County and City recycling activities, since their original firm, Recovery Sciences, Inc., conducted the County waste audit in 1990 that formed the basis for the City's SRRE. This year is extremely important for recycling accountability as the City moves towards the January 1995 milestone of 258 diversion of all solid waste. In summary, due to the reduced City staff and increased legislative requirements, it necessitates the use of an interim solid waste consultant to ensure the City is adequately prepared for the approaching recycling accountability requirements and to develop future strategic recycling goals to obtain the 508 diversion required by the year 2000. Council Member Sansone, Member of the County's Waste Management Commission, discussed the State's model of the non- disposal facility element; AB 1327 which requires space being set aside in new development for recycled material; and the City's SRRE which has to be updated and due January 1995. Madeline Arakelian, South Coast Refuse, commended Council Member Sansone on a speech he gave recently at a meeting of the Integrated Waste Management Board. She also suggested this item be continued for approximately one month due to the fact that regulations governing solid waste and recycling are being changed daily and the reporting requirements are being made more simplistic. Judy Ware, 1627 Harbor Crest, addressed the Council in support of the proposed agreement and urged its approval. Volume 48 - Page 147 MINUTES INDEX �YV Yl1l.J) . /Solid to Cnsl (38) COUNCIL MEMBERS \LIL s�9� Motion All Ayes • Motion All Ayes Motion All Ayes • Motion All Ayes X X x X CITY OF NEWPORT BEACH MINUTES May 9, 1994 INDEX Following consideration, motion was made ellow Cab by Council Member Sansone to approve the Express recommended action, and authorize the (27) Mayor and City Clerk to execute the agreement. 19. Claim of Carmel Sciandra alleging damage Claim to vehicle as a result of being hit by (36) City truck on March 30, 1994, seeking reimbursement for rental car, etc. Bruce Lloyd, 1826 Toyon Lane, addressed the City Council with questions regarding the above claim, to which the City Manager suggested Mr. Lloyd contact his office. There being no further comments, motion was made by Mayor Turner to deny the claim. 21 Report from Planning Department Use Permit concerning PUBLIC HEARING SCHEDULING for 1956(A) May 23, 1994 - Use Permit No. 1956 (88) (Amended), request to consider the revocation of subject use permit for failure to comply with specific conditions of approval, or to consider adding or modifying conditions of approval to said use permit for applicant - Bacchus, Newport Beach on property located at 3505 Via Oporto. Motion was made by Mayor Turner to defer this item to June 13, 1994, as requested by the applicant. 33. BA -054, $5,000 - To retain bond counsel BA -054 for review of proposed development of (40) CIOSA IMPLEMENTATION DISTRICT. As requested by Ron Hendrickson, the City Manager gave an update on the CIOSA Implementation program enumerated in a staff report dated April 25, 1994, and a brief explanation of the recommended budget amendment, following which, motion was made by Mayor Turner to approve BA -054. PUBLIC HEARING 34. Mayor Turner opened the public hearing ellow Cab regarding application by YELLOW CAB Express EXPRESS for Certificate of Public (27) Convenience and Necessity to operate two taxicabs. Report from Revenue Manager, Finance Department. The City Manager summarized the staff report and noted that the Police Department has inspected the applicant's two vehicles, and their report indicated that they meet applicable Municipal and California Vehicle ,Code requirements. Mohamad Chehrzad, applicant, stated he was available for questions. Hearing no questions, and no one wishing to address the Council, the public hearing was; closed. Volume 48 - Page 148 COUNCIL MEMBERS ROLL Motion All Ayes • • x CITY OF NEWPORT BEACH May 9, 1994 Motion was made by Council Member Hart to approve the issuance of Certificate of Public Convenience and Necessity for Yellow Cab Express to operate the two vehicles listed on the attached application at the rates established by Resolution No. 89 -112. PUBLIC COMMENTS 1. Maria Hedges, 2134 Miramar Drive, addressed the Council on behalf of the Committee for 21,000 New Jobs, and stated she is helping to coordinate the signature gathering effort in Newport Beach and Costa Mesa. The task is going very well, but they need more volunteers. The Committee is attempting to place on the November ballot an initiative to change the makeup of the E1 Toro Reuse Committee to represent fairly the residents of Orange County. As it stands now, the Reuse Committee is stacked unfairly with Orange County Supervisors and Member Cities which have, in no uncertain terms, stated their opposition even to evaluate the appropriateness of a commercial airport at El Toro. An E1 Toro airport is not only critical to the economic success of Orange County, but would also benefit Newport Beach by providing an alternative to John Wayne Airport. She urged that volunteers contact her at 675 -5185 or her pager at 509 -3409, noting June 1 is the deadline for the required signatures. Dave Goff, representing Newporters for Safe Bike Trails, stated their committee is concerned about the safety of the bike trail on Seashore Drive in West Newport, and they would like the Ocean Front pedestrian bike trail to be extended from 36th Street to the Santa Ana River. Their specific reason for addressing the Council is to request that this item be added to a future Council agenda to consider directing staff to pursue funding that is available for this purpose that will enable the beach front trail to be extended at no cost to the City. He also presented a video showing ocean front bike trails in other cities, along with a recommended design for the proposed bicycle trail in West Newport. Joann Lombardo, 2916 Clay Street, also representing Newporters for Safe Bike Trails, indicated their organization was formed in response to the strong public desire to have the beach front bicycle trail extended from its current terminus at 36th Street to the Santa Ana River and connecting trails. She stated she has been Chairman of the City's Bicycle Trails Citizens Advisory Committee for three years, and historically that Committee has supported having a beach front bike path in the West Newport area, and as a result, several letters were written to the City Council on this issue which have "not gone anywhere." The purpose of the video and the reason Volume 48 - Page 149 MINUTES INDEX COUNCIL MEMBERS WN0AV%\�\k • • CITY OF NEWPORT BEACH May 9, 1994 she is coming before the Council as a separate Committee, is largely because of "frustration." She stated there are now more and more walkers and cyclists, and because of the opportunity for grant funding, she felt a trail could be designed that will work for everyone. The following persons addressed the Council in oimosition to extending the Ocean Front bike trail as proposed at this time: Bud Reveley, 214 36th Street Paul Watkins, 6408 W. Ocean Front (submitted letter dated May 5, 1994) Gene Dorney, 3807 Seashore Drive Rick Ruiz (no address given) Michael Kranzley, 4812 River Avenue Vernon Monroe, 5209 Seashore Drive Bill Schonlau, 6104 W. Ocean 'Front Val Skoro, 1601 Bayadere Terrace Cindy Gittleman, 4705 Seashore Drive It was indicated by the above speakers that if the proposed bike extension were approved, it would: 1) create more wheeled traffic on the path and not be safe for walkers; 2) still not alleviate the "mall" problem on Seashore Drive; 3) destroy the existing ocean front "peaceful /'natural" beach; 4) encourage more problems such as, liability, maintenance, greater speed for cyclists, etc.; and 5) negatively impact the area. It was also suggested the City Council let the Bicycle Trails Committee continue their study on this matter prior to taking action on the subject request. There being no further comments on this item from the audience, Mayor Turner directed the staff to report back on the request of New-porters for Safe Bike Trails on ,June 13, 1994, with available options. Discussion ensued as to why this item was considered under "Public Comments" and did not appear on the Agenda by Council Member Hart, wherein Mayor Turner reported that the City Attorney will be revising current policy relative to how Council Members can place items on the Agenda. 3. Tom Hyans, President, Central Newport Beach Community Association, addressed the Council. regarding the need 'for storm drain improvements and street repairs on the Peninsula, and urged consideration be given to these projects in the 1994- 95 budget. Bob Dakota, 430 32nd Street, addressed the Council. regarding his request for a hostel which is being considered by the Planning Commission on May 19, and outlined the benefits the City could receive in the way of revenue if it is approved. Volume 47 - Page 150 MINUTES INDEX COUNN+C,IL MEMBERS CITY OF NEWPORT BEACH May 9, 1994 CONTINUED BUSINESS 35. Report from City Attorney on proposal concerning State Legislation for BALBOA BAY CLUB/TERRACE APARTMENTS. • Supplemental Report by City Attorney. The City Clerk reported that after the agenda was printed, six letters were received from the following in support of the proposed legislation: Mark Evans, 31 Balboa Coves Walter B. Gerken, 700 Newport Center Drive Harold "Buck" Ayers, 2037 Vista Cajon Donald W. Killian, Jr., 610 Newport Center Drive Albert J. Auer & Associates, 18004 Skypark Blvd., Irvine Paul T. Salata, 3100 Airway Avenue, Suite 124, Costa Mesa The City Attorney referenced his Supplemental Report which noted that the Balboa Bay Club Ad Hoc Committee met on March 6, 1994 to discuss the progress of the environmental documents and legislation that would temporarily remove public trust restrictions on the Terrace Apartments portion of the Bay Club parcel. The Committee voted to recommend Council support of the legislation with the amendments suggested by Council Member Watt, subject to the following conditions: 1. That the State Lands Commission either support, or take a neutral position on, the proposed legislation; 2. That the City is not asked to exchange any land or funds in consideration for the proposed legislation. The City Attorney stated that the proposed legislation is designed to solve a problem that arose in the negotiations preceding the 1986 lease between the City and the Bay Club when the State Lands Commission advised the City they believe that all of the property was Tidelands, and there was a question as to whether the Terrace Apartments, as a residential use, is consistent with the public trust Inherent in Tidelands. During discussion, Council Member Debay requested that when the Council does take action on this matter, that perhaps • Condition No. 1 could be deleted. The City Attorney stated that Condition No. 2 is the most significant factor of the two conditions, wherein Council Member Watt indicated she also was in agreement with Condition No. 2. Volume 48 - Page 151 MINUTES Balboa Ba} Clb Terrac Apts /Legs: C -519 (38; COUNCIL MEMBERS s ` f ROLL CALL • Motion All Ayes x CITY OF NEWPORT BEACH MINUTES May 9, 1994 For the benefit of the audience, Council Balboa Bay Member Watt stated that the proposed Clb /Legis legislation accomplishes two things: 1) the City and the Bay Club agree that short -time lodging is not of any particular benefit to the City at this point in time, and that the Terrace Apartments should be left as they are to be rented for long periods of time, and 2) even though there are no plans for immediate redevelopment of the Terrace Apartments, the proposed legislation would not preclude a change of use in the future that would allow a less intensive use. There being no further comments, motion was made by Mayor Turner to approve the proposed State legislation amendment regarding the Tidelands issue, including Condition No. 2 of the City Attorney•a memorandum,. Council Member Hedges suggested the word "require" be substituted for the word "ask" in Condition No. 2, to which there were no objections, and the motion, as amended, was voted on and carried. 96. Refer to Minute page 141 and 142 for Budget oral presentation from the City Manager regarding CITY BUDGET. Meeting adjourned at 9:20 p.m., to 2:00 p.m. May 16, 1994 for Study Session to discuss the PRELIMIRMY BUDGET FOR FISCAL YEAR 1994 -95; and in memory of Marjorie A. Shea, retired Newport Harbor High School teacher, former Member of West Newport Beach Association, SPON, McFadden Square Renovation and benefactor of UCI and contributor to the Arts, who passed away on Sunday, May 8, 1994. The agenda for this meeting was posted on May 5, 1994 at 10:10 a.m. , on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: N* fu3 City Clerk /�/ /// / /��is /tea/ � '•S t Y + •G `�. /// Volume 48 - Page 152