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HomeMy WebLinkAbout05/23/1994 - Regular MeetingCOUNCIL MEMBERS \LL � Present Absent Motion Ayes Mc9n Ayes Motion Ayes Motion Ayes Motion Ayes • Motion Ayes Motion Ayes • X xlx X x x x x x x x x x x x x x X x X 1 x I x X X CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 2:00 P.M. DATE: May 23, 1994 x ROLL CALL Reading of Minutes of Meeting of May 9, and X Adjourned Study Session Meeting of May 16, 1994 was waived!, approved as written, and ordered filed. Reading in full of all ordinances and x resolutions under consideration was waived, and City Clerk was directed to read by titles only. COUNCIL COMMITTEE REPORTS - For discussion only (received and filed): 1. Harbor Quality Committee Minutes X 2. Pacific View Memorial Park Committee x Minutes. 3. Air Quality Management District (AQMD) - x Craig Bluell of the Planning Department discussed hand -out regarding Air Quality Technical Assistance Program. STAFF REPORTS - For discussion/action: 4. Report from the Public Works Department regarding CORONA DEL MAR COAST HIGHWAY MEDIAN LANDSCAPING /AGREEMENT WITH CORONA DEL MAR CHAMBER OF COMMERCE. Luvena Hayton, Executive Board Secretary, Corona del Mar Chamber of Commerce, addressed the Council in support of their request that the City forgive the $6,600 loan to the Chamber by the City for the restoration of the median at Marguerite and Pacific Coast Highway which was destroyed during the construction of the sever project. Following discussion, notion was made by x Council Member Sansone to direct staff to investigate the legality of using potential Park funding for this particular highway beautification project, and that the subject agreement be modified to defer payment by Corona del Mar Chamber of Commerce to the City for an indefinite period of time. 5. PLANNING COMMISSION AGENDA -May 19, 1994. Motion was made to receive and file x Planning Commission Agenda for May 19, 1994 following verbal report by Planning Director. 6. Report from the City Attorney regarding PLANNING COMMISSION AMENDMENT NO. 796 - PAR&ING AND HEIGHT LIMITS IN MARINERS MILE. The City Attorney advised that since he prepared his Council memorandum on this subject, he has talked with other mem ers of the Mariners Mile Merchants Association, and was informed that they would prefer to proceed with modifications to the landscaping and parking provisions in the Specific Area Volume 48 - Page 154 MINUTES (24) (24) Coast Lndscp Chambe.- (38) Planning (68) PCA 796 (94) x x x x x x X x x x X xlx X x x x x x x x x x x x x x X x X 1 x I x X X CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 2:00 P.M. DATE: May 23, 1994 x ROLL CALL Reading of Minutes of Meeting of May 9, and X Adjourned Study Session Meeting of May 16, 1994 was waived!, approved as written, and ordered filed. Reading in full of all ordinances and x resolutions under consideration was waived, and City Clerk was directed to read by titles only. COUNCIL COMMITTEE REPORTS - For discussion only (received and filed): 1. Harbor Quality Committee Minutes X 2. Pacific View Memorial Park Committee x Minutes. 3. Air Quality Management District (AQMD) - x Craig Bluell of the Planning Department discussed hand -out regarding Air Quality Technical Assistance Program. STAFF REPORTS - For discussion/action: 4. Report from the Public Works Department regarding CORONA DEL MAR COAST HIGHWAY MEDIAN LANDSCAPING /AGREEMENT WITH CORONA DEL MAR CHAMBER OF COMMERCE. Luvena Hayton, Executive Board Secretary, Corona del Mar Chamber of Commerce, addressed the Council in support of their request that the City forgive the $6,600 loan to the Chamber by the City for the restoration of the median at Marguerite and Pacific Coast Highway which was destroyed during the construction of the sever project. Following discussion, notion was made by x Council Member Sansone to direct staff to investigate the legality of using potential Park funding for this particular highway beautification project, and that the subject agreement be modified to defer payment by Corona del Mar Chamber of Commerce to the City for an indefinite period of time. 5. PLANNING COMMISSION AGENDA -May 19, 1994. Motion was made to receive and file x Planning Commission Agenda for May 19, 1994 following verbal report by Planning Director. 6. Report from the City Attorney regarding PLANNING COMMISSION AMENDMENT NO. 796 - PAR&ING AND HEIGHT LIMITS IN MARINERS MILE. The City Attorney advised that since he prepared his Council memorandum on this subject, he has talked with other mem ers of the Mariners Mile Merchants Association, and was informed that they would prefer to proceed with modifications to the landscaping and parking provisions in the Specific Area Volume 48 - Page 154 MINUTES (24) (24) Coast Lndscp Chambe.- (38) Planning (68) PCA 796 (94) CALL Motion Ayes • Motion A* CITY OF NEWPORT BEACH COUNCIL MEMBERS X IXIXI I IX X I X I X I I X I X May 23, 1994 Plan, and not ask for any modifications to the height limit criteria at this time. He also felt this was a position that could be accepted by the homeowner associations as well. Steve Sutherland, President, Mariners Mile Association, addressed the Council and stated he concurred with the comments of the City Attorney. In view of the foregoing, motion was made by Mayor Turner to direct the City Attorney to proceed with modifications to the landscaping and parking criteria in Mariners Mile, and bring back a proposed ordinance at a future meeting. 7. 1994 -95 BUDGET STUDY OF POLICE AND FIRE Presentations were given by each of the Departmental Chiefs, and after concluding their remarks, the following persons addressed the Council: Harry Merrill, 25 Montecito Drive, discussed the Fire Medic program, particularly estimated revenues and projections, and the paramedic service fee. Robert Lewis, Balboa Island resident, discussed the importance of maintaining the City's CIS computer program, and asked questions regarding the paramedic service fee. Delores Otting, 17 Hillsborough Drive, made inquiries regarding the C.P.I. rating index, and the City Manager's /Department Directors weekly newsletter. The meeting adjourned to closed session at 4:45 p.m. and recessed at 5:50 p.m. The meeting reconvened at 7:00 p.m. with Council Member John Cox in attendance. Mayor Turner presented a Proclamation to Nancy Beard, Recreation Superintendent, in recognition of May 26, 1994 as YOUTH IN GOVERNMENT DAY IN NEWPORT BEACH. Mayor Turner presented a Proclamation to Commander Pat Dolan of the American Legion in recognition of June 6, 1994 as the 50th ANNIVERSARY OF D -DAY IN NEWPORT BEACH. CONSENT CALENDAR The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Schedule for public hearing on June 13, 1994: B. Removed from the Consent Calendar. 9. Removed from the Consent Calendar. Volume 48 - Page 155 MINUTES COUNCIL MEMBERS ROLL C LL :7 • CITY OF NEWPORT BEACH MINUTES May 23, 1994 INDEX RESOLUTIONS FOR ADOPTION 10. Resolution No. 94 -31 declaring weeds and Fire /Weed Upr Npt Ba other nuisances and scheduling public Abatement Bioassay hearing on July 11, 1994 to certify the Res 94 -31 C -2987 list of properties that may require WEED ( 41 ) ABArMEM AND CLOG. [Memorandum (38) from Fire Chief] 11. Removed from the Consent Calendar. 12. Resolution No. 94 -32 establishing Off- Parking/ street PARKING METER ZONES/PARKING RATES Rates for Newport Boulevard between 28th and Res 94 -32 30th Streets and rescinding Resolution (85) No. 93 -64. [Memorandum from Offstreet Parking Committee] CONTRACTS AND AGREEMENTS 13. Removed from the Consent Calendar. 14. UNIT III UPPER NEWPORT BAY PROJECT Unit III/ (Maintenance and Enhancement of Unit 1 Upr Npt Ba In -Bay Basin) BIOASSAY - COOPERATIVE Bioassay AGREEMENT WITH COUNTY OF ORANGE/HARBOR, C -2987 BEACHES AND PARRS, CONTRACT NO. 2987. [Report from Public Works Department] (38) 15. CLAIMS - For Denial by the City Manager: (36) Budge Collins alleging damage to his Porsche when pedestrian sign blew over at 14th Street and Balboa Boulevard on April 27, 1994; seeking reimbursement for damage to vehicle. Costa Nesa Sanitary District seeking indemnity from claim filed by State Farm Mutual Auto Insurance Company on March 4, 1994, regarding manhole cover at Irvine Avenue near Santiago. Maria Henshall alleging personal injuries as a result of accident at Dover/Westcliff Drives on January 4, 1994. Laurie Lowry alleging City Refuse picked up six pieces of stained glass in error from alley of 716 W. Oceanfront on May 2, 1994; seeking reimbursement of $30. Nary C. McNamara alleging City workers left hole in road only partly covered, as a result, tire fell into hole on Poppy Avenue on April 26, 1994, needs replacement; seeking reimbursement of $30.17. Peter H. Schroeder alleging damage to his parked vehicle by Utilities Crew working at 713 -715 W. Bay Avenue on May 5, 1994. Lois Stillinger alleging personal injuries, etc., as a result of trip /fall on raised sidewalk at 1710 Santiago Drive (by driveway) on April 19, 1994; seeking reimbursement of damaged sunglasses only. George Yao alleging the City sever backed up on March 5, 1994, flooded entire basement at 1 Inverness Lane. Volume 48 - Page 156 • i COUNCIL MEMBERS CITY OF NEWPORT BEACH �,�9\ May 23, 1994 MINUTES 16. POBLIC HEARING SCHEDULING: June 13, 1994 - 1994 -95 FISCAL YEAR BUDGET, pursuant to Section 1102 of the Newport Beach City Charter; and the City's APPROPRIATION LIMIT for 1994 -95, pursuant to Article IIIB of the State Constitution. 17. PLANNING COMMISSION ACTIONS - May 5, 1994. [Report from Planning Department] 18. ENCROACHMENT APPLICATION - Approve application of Dale Chesebro to construct a curb opening at 1508 Park Avenue, Balboa Island; subject to an encroachment permit. [Report from Public Works Department] 19. 1993 -94 STREET AND MISCELLANEOUS SLURRY SEAL AND RESURFACING PROGRAM CONTRACT NO. 3000 - Approve plans and specifications; and authorize City Clerk to advertise for bids to be opened at 11:00 a.m., on June 15, 1994. [Memorandum from Public Works Department] 20. BALBOA BAY CLUB APPRAISAL AND ECONOMIC ANALYSIS SERVICES - Report from Balboa Bay Club City Ad Hoc Committee recommending an agreement with Keyser Marston and Associates be approved; a Scope of Work for MAI appraisal services be approved and that the BBC Ad Hoc Committee be authorized to select the appraiser after interviews; and a Budget Amendment be approved funding these services for $40,000. SPECIAL EVENTS APPLICATIONS - Approve the following applications, subject to conditions in the staff report from the Revenue Manager, Finance Department: 21. Application No. 94 -128, request for use of outdoor amplified sound from 3:00 - 7:00 p.m., on July 16, 1994 in a residential area during a Wedding Reception, at the Davies' home at 1945 Teresita Lane. 22. Application No. 94 -131, request for use of outdoor amplified sound in a residential area from 10:30 - 11:30 a.m., during a Wedding Ceremony on Saturday, May 28, 1994, at Lookout Point on Ocean Boulevard. ITEMS REMOVED FROM THE CONSENT CALENDAR B. Report from Utilities Department concerning proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.12.020 OF CHAPTER 14.12 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO WATER RATES; AND Volume 48 - Page 157 COUNCIL MEMBERS 9 2` � ROLL CALL CITY OF NEWPORT BEACH May 23, 1994 MINUTES INDEX Per (85) Npt Pier Concesn C -1901 (38) 9. Report from Utilities Department concerning proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.24.065 OF CHAPTER 14.24 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO SEWER • CHARGES. Motion x Council Member Sansone, member of the Ayes x x x x x City's Utilities Committee, stated that at their last Committee meeting, they requested additional information regarding the subject two items, and therefore, made a motion to refer the above two ordinances back to the Utilities Committee for review with report back on June 13. 11. Memorandum from Offstreet Parking Committee recommending proposed resolution establishing a reduced fee for the ANNUAL PARKING PERMIT FOR HIGH SCHOOL STUDENTS. Council Member Cox stated he removed this item from the Consent Calendar to question the equity of reducing parking fees for just one age group. Council Member Debay spoke in support of the proposed resolution and stated this item came as a recommendation from the Youth Council due to the increased parking meter fees, pier parking rates, etc. She stated that many of the youngsters residing within the City are students and working part -time, and as a result on limited incomes, and therefore, she felt they should be granted a reduced rate for the annual parking permit. She also felt this could prove that more local families would visit and enjoy the beach areas more often. Mayor Pro Tem Watt indicated she supported this idea in concept; however, she questioned the use of the sticker by someone else such as a parent or friend who did not pay for the permit. Council Member Cox stated that the current draft Air Quality Management Plan calls for schools to reduce trip reductions, but noted that this proposal is encouraging more trip- making rather than reducing trips. Motion x Mayor Turner stated he will not be Ayes x x x x x supporting the resolution, and made a motion to refer this item back to the Youth Council and Offstreet Parking Committee for report back on June 27, 1994. • 13. Report from Assistant City Manager recommending approval of MOU assigning CONCESSION AGREEMENT FOR NEWPORT PIER (CONTRACT NO. 1901) to C. S. Park. Volume 48 - Page 158 MINUTES INDEX Per (85) Npt Pier Concesn C -1901 (38) COUNCIL MEMBERS FS � ROLL CALL • Motion Ayes Ao n Ayes * n CITY OF NEWPORT BEACH XIXIXI IXIX XIXIXI IXIX IN©©■N© May 23, 1994 The City Attorney stated that BEG Enterprises has requested the draft 14OU to be amended in the fourth paragraph, second page, first sentence, to read as follows: "4. This Agreement does not constitute, and shall not be construed as, any approval or disapproval of the terms or conditions of the Subconcession Agreement." There being no further comments, motion was made by Mayor Turner to approve the subject 71OU assigning the rights, interests, obligations and responsibilities of the Concession Agreement to C.S. Park. PUBLIC HEARINGS 23. Mayor Turner opened the public hearing regarding VACATION AND ABANDONMENT of portions of public utility pipeline, storm drain and road easements along the westerly side of the HOAG HOSPITAL PROPERTY. Report from Public Works Department. It was noted in the staff report that adoption of the subject resolution will complete the statutory proceedings to vacate and abandon a portion of the sewer easement. Hearing no one wishing to address the Council, motion was made by Mayor Turner to close the public hearing, and to adopt Resolution No. 94 -33 ordering the subject vacation and abandonment. 24. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -24, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ALLOWING MUSEUM USE WITHIN THE ESC, APF AND RMC ZONING DISTRICTS, SUBJECT TO THE APPROVAL OF A USE PERMIT (PLANNIHG COMMISSION AMENDMENT NO. 801). Report from Planning Department. The Planning Director summarized the staff report noting that this request is to allow museums in the City's commercial. zoning districts, subject to approval of a use permit. Hearing no one wishing to address the Council, notion was made by Council Member Cox. to close the public hearing, and to adopt Ordinance No. 94 -24. Volume 48 - Page 159 MINUTES INDEX ' /Vacatio Abandm ag Hsptl 94 -33 (94) 94 -24 %II CITY OF NEWPORT BEACH COUNCIL MEMBERS ��S��lj, V\\ `s' May 23, 1994 ROLL CRLL MINUTES INDEX 25. Mayor Turner opened the public hearing Marine regarding Introduction of proposed Charter Ta ORDINANCE, being, (27) 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. Letters in opposition to the proposed Marine Charter Tax from Mr. E. Wedge, 5th Grade Teacher, Redlands Unified School District; and Margo Rabb, Charles H. Lee School, Azusa, California. It was noted that an informal outreach meeting was held on this subject for interested input, and as a result, it is recommended this hearing be continued to June 13, 1994. In response to question raised by Council Member Debay, the City Manager stated that the Marine Charter tax the staff originally proposed was as follows: If the Charter tax is $10, there would be a charge of $1 per passenger; if the Charter tax is between $5 and $10, the fee would be 50 cents, and if the Charter tax is less than $5, there would be no charge. Motion x Hearing no one wishing to address the Ayes x x x x x Council, motion was made by Mayor Tanner to continue this public hearing to June 13, 1994 as recommended. 26. Mayor Turner opened the public hearing New Retai regarding proposed extension of Pers Srvs moratorium - INTERIM EMERGENCY (27) ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH PROHIBITING FOR TEN MONTHS AND FIFTEEN DAYS THE ISSUANCE OF ANY PERMITS OR THE ESTABLISHMENT OF NEW RETAIL PERSONAL SERVICE BUSINESSES. Report from Planning Department. The City Attorney advised that the proposed ordinance establishes a moratorium on personal service business establishments pending completion of a study by the Planning Department. He stated that Council Member Sansone requested two modifications to the document in Section 3 - Exceptions, which has now been revised to read as follows: "The provisions of this ordinance • shall not apply to: A. Any property which was purchased for the purpose of commencing a personal service business where the purchase was consummated (escrow closed) on or before March 10, 1994. Volume 48 - Page 160 COUNCIL MEMBERS CITY OF NEWPORT BEACH May 23, 1994 MINUTES INDEX B. Any personal service business New Retai: which provides on -site parking at Pers Srvs the rate of at least 1.5 spaces for each work station." It was pointed out that the subject ordinance would not apply to Christopher's Hair Salon to be located • at the corner of Narcissus Avenue and Pacific Coast Highway (old Security Pacific Bank building) inasmuch as the property owner closed escrow March 7, 1994. The following persons addressed the Council in opposition to the proposed beauty salon and urged it not be exempt from the extended moratorium: Mary Lavelle, 316 Narcissus Ave. Ron Hagerthy, 303 Narcissus Ave. Nancy Sanchez, 306 Narcissus Ave. Ed Lavelle, 316 Narcissus Ave. Mary McCarthy, 302 Narcissus Ave. Mike McCarthy, 302 Narcissus Ave. It was indicated by the above speakers that employees as well as the overflow of customers of the salon will be parking on Narcissus Avenue not only during daytime hours, but at night when the salon is open, which will add to the already existing parking problem; that the salon'owner should be required to provide additional parking; and that the City Council should not allow the salon owner to proceed until the parking • problem is solved. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed the overall parking problem throughout the City and how it affects businesses. Royal Radke, 330 Mayflower Drive, past President of the Corona del Mar Chamber of Commerce, addressed the Council in support of the proposed salon. He stated he is aware of the concerns of the residents that this use would create a burden on parking in the neighborhood, however, this particular salon has been in business in the City for approximately 25 years at another location; it has a good reputation, and has participated and contributed to many City events. The parking lots adjacent to the bank building, which were also purchased, were appraised at $750,000, and the building itself was appraised at $350,000. Even though the salon may have 50 work stations, there would probably never be over 20 operators working in the salon at one time due to • various work schedules, therefore, the impact on parking would not be that severe. Howard Wells, Real Estate Broker who sold the subject property to Christopher's Hair Salon, addressed the Council and stated that when his client was considering this purchase and volume 48 - Page 161 COUNCIL MEMBERS ill kCALL s Motion • 0 x CITY OF NEWPORT BEACH May 23, 1994 ultimately opened escrow, they came to the Planning Department to check on anypotent,ial problems regarding zoning and parking. As a result, it was determined that his client met all City requirements, and therefore, they closed escrow on March 7, 1994. Christopher Doostmard, 2118 Port Durness, owner of Christopher's Hair Salon, addressed the Council in support of his new salon. He stated that he will be providing 1,000 sq. ft. for retail sales such as shampoo, conditioner, etc. which he is unable to do in his present salon; that hairdressers work only three or four days a week on average and have one assistant, and therefore, the parking will not be impacted that greatly on Narcissus Avenue. In addition, he will be providing 29 to 32 parking spaces in his lots adjacent to the salon, and if necessary, he will purchase parking permits for employees to park in the municipal parking lot two blocks away. Following discussion, motion was made by Mayor Turner to adopt interim Emergency Ordinance No. 94 -25, exempting therefrom Christopher's Hair Salon, who closed escrow prior to March 10, 1994 on property located at Narcissus Avenue and Pacific Coast Highway, but that the ordinance be revised as follows: Section 2 (C): "As used in the ordinance, the term personal service business establishments shall mean businesses such as nail salons, barber shops, beauty parlors or other businesses of a similar nature which engage in personal grooming activities which operate at a single location with five or more individual, separate work: stations where customers receive manicures, hairstyles, haircuts or similar services from employees or independent contractors." Section 3 (B): "Any personal service business which provides on -site parking at the rate of at least .75 parking spaces for each work station." Section 4: "The Planning Department is hereby directed to immediately commence a study of the parking impacts, and potential parking impacts, of such personal service business establishments, to evaluate the type of zoning, land use controls or other regulations appropriate to minimize or eliminate adverse parking impacts, and to report its findings to the City Council as soon as possible but in no event more than ninety days after the effective date of this ordinance." volume 48 - Page 162 MINUTES Retail Srvs 94 -25 • Ayes • CITY OF NEWPORT BEACH COUNCIL MEMBERS \ \kn MINUTES May 23, 1994 Council Member Sansone stated that he has been monitoring the parking on Narcissus Avenue and noticed that even without Christopher's Hair Salon being in operation at the new location, Narcissus Avenue has an existing parking problem, and he felt that employees as well as customers may have to use the municipal parking lot behind Studio Cafe. He also felt that the merchants along Pacific Coast Highway in this area will be impacted as much, if not more than at present due to increased parking. Mayor Pro Tem Watt asked Mayor Turner if he would amend his motion whereby both A and B (with .75 spaces) of section 3 would apply to Christopher's Hair Salon, but Mayor Turner replied in the negative. Following discussion, the motion was voted on and carried. I4U A[tffd41L1; 1 �1,Yom' 1. Debra Allen, 1021 White Sails Drive, representing Corona del Mar Residents Association, addressed the Council in opposition to any further expansion of John Wayne Airport, and discussed their Association's support of converting E1 Toro Marine Air Base to a commercial airport. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding the cost of land for parking, and parking problems in general within the City. 3. Joe Sanchez, 306 Narcissus Avenue, addressed the Council regarding Building and Zoning Code violations in old Corona del Mar. 4. Eugene Atherton, 1081 N. Coast Highway, Laguna Beach, addressed the Council and stated that he was a write -in candidate for the Board of Supervisors, and discussed major areas of concern that he would like to see changed relative to infrastructure, homelessness, clean air, mass transit, medical care, etc, in Orange County. 5. Mayor Pro Tem Watt announced that the Ad Hoc Appointments Committee interviewed candidates for the various Boards and Commissions this past Thursday and Friday, and their nominations will be on the June 13 Council Agenda with appointments to take place on June 27. ORDINANCES FOR ADOPTION 27. Proposed ORDINANCE NO. 94 -23, being, Ord 94 -23 AN ORDINANCE OF THE CITY COUNCIL Parking OF THE CITY OF NEWPORT BEACH Prohibitic PROHIBITING PARKING WHERE THE (85) METER IS INOPERABLE AND SIGNS ARE Volume 48 - Page 163 CALL • Motion Ayes Motion Ayes • CITY OF NEWPORT BEACH COUNCIL MEMBERS I f X1 X1 xi I X I X XIXIXI I X I X May 23, 1994 POSTED ADVISING OF THE PROHIBITION. Recycled report of May 9, 1994, from Offstreet Parking Committee. It was noted that parking meters in certain areas are being subjected to increased vandalism, and people are doing a variety of things to the meters in order to avoid paying while they park. If they are cited, the citation will be dismissed because the meter was inoperable. It was therefore proposed that each meter be signed "Illegal to Park at Inoperable Meter" in areas where the Traffic Engineer determines that excessive vandalism to meters is occurring. There being no comments, motion was made by Council Member Cox to adopt Ordinance No. 94 -23. 28. 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 SYSTEMS REQUIRED). The City Manager recommended this Ordinance be tabled indefinitely inasmuch as the Police and Fire Chiefs are reviewing the current alarm fees as well as pending State legislation regarding alarm fees. A staff report should be coming back to the City Council sometime in July. There being no comments, motion was made by Mayor under to table this item as recommended. CURRENT BUSINESS 29. Report from the City Attorney offering alternatives to COUNCIL POLICIES A -6, OPEN MEETING POLICIES; AND E -2, COUNCIL MEETINGS AGENDA DISTRIBUTION TO THE PUBLIC BY MAIL. The City Attorney stated that on May 9, 1994 the City Council asked his office to prepare amendments to Council Policy A -6 that would authorize any member to place an item on the agenda for the evening session. The proposed amendments are as follows: "(c) Members of the City Council may direct the City Manager to place items on the regular agenda under one or more of the following headings: i. Matters which a Council Member may wish to place on a future agenda; Volume 48 - Page 164 MINUTES 0111XI Alarm Systems Council Policies A -6/E -2 (69) CITY OF NEWPORT BEACH COUNCIL MEMBERS s ROLL CRLL May 23, 1994 INDEX it. Matters which a Council Council Member may wish to raise for Policies discussion; iii. Continued business, or iv. Current business . Council Members shall provide the City Manager with information sufficient to formulate a title or topic that will satisfy the requirements of the Brown Act. The regular meeting agenda shall contain all Council initiated agenda items submitted prior to 5:00 p.m., on the Monday preceding the meeting. The Council may take action on matters which arise subsequent to the posting of the agenda subject to strict compliance with the Brown Act." The City Attorney stated that he is also recommending that Council Policy E -2, which establishes the price for a copy of the agenda and related materials, be revised. Recent amendments to the Brown Act make it clear that the agenda is a public record and recent case law makes it clear that the City can charge no more than the direct costs of duplication. The revised Policy E -2 also calls for the City Manager to determine the appropriate per page cost of duplication. With regard to Council Policy A -6, the City Attorney emphasized that pursuant to the Brown Act, the City Council can no longer discuss items that are not listed by title or tonic on the agenda. However, if the Council wants to only direct staff to prepare a report for a future agenda, a topic on the agenda is not required ahead of time as it can just come under a specific heading on the agenda. Motion x Following a lengthy discussion wherein Ayes x x x x x Council Members indicated they would like to be able to raise specific items and /or place matters on the agenda similar to how it was handled in the past but still comply with the law, motion vas made by Mayor Turner to direct the City Attorney to revise and clarify amendments to Item (c) above, and bring back on June 13 for consideration, along with Council Policy B -2. Sid Soffer, 900 Arbor Street, addressed the Council and received clarification from the City Attorney regarding Council response to public comments on the agenda. 30. BICYCLE TEAMS CITIZENS ADVISORY BT/CAC COMMITTEE VACANCY. Volume 48 - Page 165 COUNCIL ROLL 3SLL\3" Motion Ayes • Motion Ayes CITY OF NEWPORT BEACH MEMBERS X X I x I x x © © ©�M May 23, 1994 Motion was made to postpone indefinite) Mayor Turner's appointment (District 4) to replace Rick Riggs whose term expires on December 31, 1994. Mayor Turner also included in his motion a request that staff study the various committees to determine whether or not some of the committees can be combined, assigned to other functions, etc., and bring back a report to the Council sometime in July. SUPPLE4MAL AGENDA ITEM 31. Report from Assistant City Manager regarding AMENDMENTS TO BEACON BAY LEASE. Ken Delino, Assistant City Manager, stated there are two minor items that require Council approval prior to being approved by the State Lands Commission this Thursday, and if approved at that time, it can be implemented July 1, and increased rents can begin being collected by July 15. One proposed amendment is an additional paragraph that will cause the City to make an accounting in its Tidelands Trust fund once a year. The City currently has a surplus of expenses over revenues, and the State Lands Commission was concerned that one of the items that the City gave to the older and. more established residents 'would in fact be a transfer out of the Tidelands Trust, and so by making this Tidelands adjustment, the City will be accommodating the needs of the State Lands Commission. The other amendment involves substituting a simple CPI calculation in place of "Average Actual Sales Value" affecting periodic rental increases. Notion was made by Council Member Cox to approve the subject two amendments and authorize the Mayor and City Clerk to execute the document. meeting adjourned at 9:25 p.m. to 2:00 p.m., June 9, 1994 for Continued Budget Study Review in the City Council Chambers. yt 1k !t yt tlk * tik 9t tk tk tk �t tk The agenda for this meeting was posted on Nay 18, 1994 at 4:30 p.m.; and the supplemental agenda on May 20, 1994 at 4:20 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: City Clerk Volume 48 - MINUTES INDEX Beacon Ba} (38)