HomeMy WebLinkAbout06/13/1994 - Regular MeetingCITY OF NEWPORT BEACH
COUNCIL MEMBERS
n s � JG REGULAR COUNCIL MEETING
T PLACE: Council Chambers
S � DATE: June 13x 1994
ROLL CRLL
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Motion
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ROLL CALL
Reading of Minutes of Meeting of May 23, 1994
was waived, approved as written, and ordered
filed.
Reading in full of all ordinances and
resolutions under consideration was waived,
and City Clerk was directed to read by titles
only.
MATTERS WHICH A COUNCIL MEMBER MAY WISH TO
PLACE ON A FUTURE AGENDA OR RAISE FOR
DISCUSSION•
1. Report from City Attorney's office
regarding request of Council Member
Debay for proposed PROPERTY MAINTENANCE
ORDINANCE.
Council Member Debay advised that she
met with Planning and City Attorney
staff to research the need for a parking
maintenance ordinance to be used by the
City's Municipal Compliance Officer.
x
Motion was made to bring back an
ordinance at a future Council meeting
after a formal analysis by staff is
completed.
Council Member Sansone suggested that
the ordinance contain a penalty schedule
for all violations.
Douglas Boyd, 2101 E. Balboa Boulevard,
addressed the Council in favor of the
proposal, and also asked that it not be
limited strictly to residential property
and cited a particular example of the
closed Standard Station which continues
to be an eyesore and detracts from the
entry to the Peninsula and to the Lido
area. In addition to industrial
property, he would hope that the
regulations also pertain to tenants'
responsibility because many of the
properties that have these kinds of
abuses are subject to winter or long-
term leases.
The motion was voted on and carried.
COUNCIL COMMITTEE REPORTS - For Discussion
only (receive and file):
x
2. BICYCLE TRAILS CITIZENS ADVISORY
COMMITTEE - Minutes of May 2, 1994.
x
3. ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE
- Minutes of May 2, 1994.
x
4. PACIFIC VIEW MEMORIAL PARE COMMITTEE -
Minutes of May 11, 1994.
x
5. UNDERGROUND UTILITIES COORDINATING
COMMITTEE - Minutes of May 18, 1994.
STAFF REPORTS - For discussion only (receive
and file):
6. FAIR SHARE TRAFFIC ORDINANCE. [Report
from Public Works Department]
Volume 48 - Page 170
(68)
(24)
(26 )
INDEX
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
R(11 I CA \s���
June 13, 1994
MINUTES
INDEX
Don Webb, City Engineer, advised that at
the April 25 meeting, staff was asked to
look into the possibility of
transferring Fair Share fees from tenant
improvements as people were to move.
Staff is recommending that no further
changes be made to the Fair Share
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Ordinance, as the new appeals process
will take care of interpretations of the
trip increases associated with
intensification of uses.
Motion
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Following discussion, motion was made to
All Ayes
receive and file the foregoing request.
7. Update on TRAFFIC SIGNAL COORDINATION.
(85)
[Report from Public Works/Traffic
Engineering]
Motion
x
Following verbal report from the City's
All Ayes
Traffic Engineer regarding the major
upgrade and expansion of the traffic
signal control system which is estimated
to cost just over $1 million, he
addressed the Council's inquiry stating
that the City applied for and received
a grant from OCTA Measure M Funds which
pays for 80% of the cost; the remaining
amount is budgeted as gas tax, wherein
motion was made to receive and file the
report.
B. TRANSPORTATION CORRIDOR AGENCY (TCA) FEZ
(74)
UPDATE. [Memorandum from City Manager]
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Council Member Sansone reported that the
TCA Board of Directors is suggesting a
5.341% Fee Increase. The fee schedule
in 1985 for single family residence was
$1,300; they have now risen to $2,973 in
one area and $2,302 in another, and the
City has absolutely no control over
these increases.
Motion
x
Following comments, motion was made to
All Ayes
receive and file the report.
9. ECONOMIC DEVELOPMENT - Review current
(24)
and proposed activities. [Report from
Assistant City Manager]
Dayna Pettit, 1741 Plaza Del Sur,
addressed the Council, expressing her
thanks for the continued cooperation
given to her by City staff regarding the
accomplishments of the Economic
Development Committee, and stated that
there is a great need to look at the
City's zoning, parking requirements and
floor area ratio restrictions to assist
in revitalization of businesses:
Taylor Grant, 2707 Blue Water Drive,
Chairman of the Parks, Beaches and
Recreation Commission, addressed the
Council to express his thanks to the
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staff's (Planning, Building, Fire, and
Public Works Departments) and Council's
continued support of the Economic
Development Committee in dealing with
very complex and difficult issues.
Volume 48 - Page 171
COUNCIL MEMBERS
ROLL
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Aotion
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CITY OF NEWPORT BEACH
June 13, 1994
MINUTES
INDEX
(89)
(68)
(62)
Following discussion regarding the work
involved in intensification of business
district revitalization, motion was made
that staff come back with a report
toward reallocation of priorities City-
wide and the related costs.
STAFF REPORTS - For discussion /action:
10. ADVANCEMENT OF FUNDS TO UNDERGROUND
UTILITY ASSESSMENT DISTRICTS. [Report
from Public Works Department]
X
Notion was made to approve Alternate 1 -
City advance funds for proposed
district; including the requirement that
interest on the loan be paid, with the
interest :rate to be recommended by the
Finance Director and approved by the
Council.
Virginia Herberts, 2290 Channel Road,
addressed the Council, and stated that
she would. hope there will not be a
moratorium on the undergrounding of
overhead utilities, as they have worked
hard and long to reduce visual pollution
on public and City property.
The motion was voted on and carried.
11. PLANNING COMMISSION ACTIONS, MEETING OF
JUNE 9, 1994. [Verbal and written
report from Planning Director]
Following discussion, motion was made to
receive and file.
12. RECREATION AND OPEN SPACE ELEMENT of the
General Plan. [Report from Community
Services Department]
Taylor Grant, Chairman of the Parks,
Beaches and Recreation Commission,
addressed the Council advising that they
need an update to the Open Space Plan,
and asked that the Planning Department's
technical staff prioritize the request.
He offered the Commission's support and
assistance.
x
Discussion ensued, wherein motion was
made to move ahead on updating the
Recreation and Open Space Element.
13. CONTINUED BUDGET REVIEW: (Discussion
only)
Mayor Turner commented that at the next
City Council meeting he will be
recommending for consideration, that a
freeze be put on the expenditure of all
Capital Items and rolling stock until
such time as we know what is going to
happen in Sacramento.
GENERAL SERVICES
Verbal and graphic presentation was made
by the General Services Director with
goals and objectives. Of the 14 goals
established last year, 13 were
accomplished by the General Services
Department.
Volume 48 - Page 172
MINUTES
INDEX
(89)
(68)
(62)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
V011\4�o' \ *0 11 $ \,L June 13, 1994
ROLL
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Action
A11 Ayes
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CAP'ITAL PROJECTS [Informational
memorandum from Public Works
Department]
City Engineer Don Webb gave a verbal
report on the proposed 1994 -95 Capital
Projects Budget, referring to the
informational memorandum included in the
agenda packet.
Tom Hyands, 217 19th Street, addressed
the Council to appeal again for the
Balboa Boulevard project. He feels that
diminishing a four block project to a
two block project warrants some re-
analysis of priorities. In addition,
the problems on the Peninsula in Central
Newport have existed since the 1920'x.
To get the storm drain project done on
Balboa Boulevard, in his opinion,
warrants re- analysis of some of these
projects. He cited page 84 of a report
on the City Council agenda of April 11
which talks about a $90,000 project that
was deleted before it got in the
preliminary budget to do Bay Avenue from
18th to 19th Street which was called a
parking lot rehabilitation. To his
knowledge, Bay Avenue is a one block
long street with perpendicular parking
along the beach. The street has been
used for parking heavy equipment, etc.,
and contrary to the statement made by
Public Works that it is significantly
worn but it still has utility, is not
true. He has seen kids getting their
rollerblades caught in the cracks of the
street, the curbing is collapsing on one
side of the street, in short, the street
has deteriorated.
Motion was made to receive and file the
foregoing report. .
ADJOURNED AT 5:08 P.M., TO CLOSED SESSION
[Refer to separate agenda from City Attorney]
CLOSED SESSION REPORT PRESENTED - None.
RECESSED AT 5:15 P.M.
RECONVENED AT 7:00 P.M.
For the record, Council Member Bart was absent
from the evening meeting.
Mayor Turner presented a Proclamation to Patty
Liberto, Teacher of Anderson Elementary School
on behalf of students of the First Grade Class
in recognition of the "BEST FOOT FORWARD"
Reading Incentive Program.
Terry Phillips, Chairman of ENVIRONMENTAL
gUALITY AFFAIRS COMMITTEE introduced students
(13), who were winners of "POLLUTION SOLUTION"
POSTER CONTEST and Mayor Turner presented
awards to each of the students.
Presentation of Volunteer Center Flag to City
Council in recognition of its participation in
the second Annual Volunteer Connection Day by
Tim Owen of the Board of Directors of the
VOLUNTEER CENTER - GREATER ORANGE COUNTY.
Volume 48 - Page 173
MINUTES
(74)
INDEX
ROLL CALL
Notion
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COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
June 13, 1994
CONSENT CALENDAR
The following items were approved, except for
those items removed:
After the agenda was printed and posted, a
Supplemental Report from the Assistant City
Attorney dated June 9, 1994, was presented
requesting that Item 14, below, be deleted
from the agenda.
14. Proposed ORDINANCE, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT. BEACH
AMENDING CHAPTER 5.28 OF THE
NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO LIVE ENTERTAINMENT.
[Report from Assistant City
Attorney]
Pass to 2nd reading on June 27, 1994:
15. Proposed ORDINANCE NO. 94 -27, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ADDING CHAPTER 5.96 TO TITLE 5 OF
THE NEWPORT BEACH MUNICIPAL CODE
PERTAINING TO ADULT ORIENTED
BUSINESSES. [Report from the
Assistant City Attorney &
Supplemental Report dated June 9,
1994]
Schedule for public hearing and pass to 2nd
reading on June 27, 1994:
16. Proposed ORDINANCE NO. 94 -28, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING PORTIONS OF THE MARINERS
MILE SPECIFIC AREA PLAN (CHAPTER
20.62 OF THE NEWPORT BEACH
MUNICIPAL CODE) RELATING TO
PARCELS ON THE NORTHERLY SIDE OF
WEST COAST HIGHWAY (MARINERS MILE
SPECIFIC AREA PLAN) SO AS TO ALLOW
THE PLANNING COMMISSION OR CITY
COUNCIL TO WAIVE A PORTION OF THE
OFF- STREET PARKING AND LANDSCAPING
REQUI1U31E VTS IF CERTAIN CRITERIA
ARE MET. [Report from City
Attorney]
17. Proposed ORDINANCE NO. 94 -29, being,
AN OLDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING TITLES 19 AND 20 OF THE
NEWPORT BEACH MUNICIPAL CODE SO AS
TO ELIMINATE THE MANDATORY
PLANNING COMMISSION REVIEW OF
FINAL TRACT NAPS; ELIMINATE THE
MANDATORY CITY COUNCIL REVIEW OF
TENTATIVE TRACT NAPS; AND TO ALLOW
THE MODIFICATIONS COMMITTEE TO
REVIEW AND APPROVE TENTATIVE
PARCEL NAPS (PLANNING COMMISSION
AMENDMENT NO. 794). [Report from
Planning Department.]
Volume 48 - Page 174
MINUTES
INDEX
94 -27
t
ses
(27)
94 -28
(94)
Ord 94 -29
Final/
Tentative
Tract Map:
(94)
794
COUNCIL MEMBERS
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ROLL CALL `O *
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CITY OF NEWPORT BEACH
June 13, 1994
18. Proposed ORDINANCE NO. 94 -30, being,
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING PORTIONS OF DISTRICTING
MAPS NO. 22 AND 25 SO AS TO
RECLASSIFY PROPERTY FROM THE R -3
(2178) DISTRICT TO THE APF
DISTRICT (PLANNING COMMISSION
AMENDMENT NO. 803). [Report from
Planning Department]
MINUTES
INDEX
Ord 94 -30
Districtir
Maps
(94)
PCA 803
19.
Removed from the Consent Calendar.
20.
Removed from the Consent Calendar.
21.
Removed from the Consent Calendar.
RESOLUTIONS FOR ADOPTION
22.
Resolution No. 94 -34 establishing FEES
Copying
FOR COPYING PUBLIC RECORDS pursuant to
Pblc Rcrd:
Section 6257 of the California
Res 94 -34
Government Code, and rescinding
(40)
Resolution No. 93 -24. [Memorandum from
Assistant City Attorney]
23.
Resolution No. 94 -35 supporting the
Organiz
DISNEY CLASSIC NATIONAL COLLEGIATE
Res 94 -35
FOOTBALL CHAMPIONSHIP. [Memorandum from
(61)
Assistant City Manager]
24.
Resolution No. 94 -36 approving the
GS /Recycle
inclusion of the City of Newport Beach
Res 94 -36
into a COUNTY -WIDE RECYCLING MARKET
(44)
DEVELOPMENT ZONE PROGRAM. [Memorandum
from General Services Director]
25.
Resolution No. 94 -37 adopting a
Hoag Hspt]
MITIGATION MONITORING PROGRAM for the
Planning
mitigation measures attached to the
Res 94 -37
approval of the Master Plan for HOAG
MEMORIAL HOSPITAL, PRESBYTERIAN.
(68)
[Memorandum from Planning Department]
26.
Removed from the Consent Calendar.
Report from Personnel Director & resolutions
P.E.R.S.
covering the following Employees Associations
In compliance with SB53 [revisions in
Compensation Reporting to the Public Employees
Retirement System (P.E.R.S.)]:
27.
Resolution No. 94 -38 for NEWPORT BEACH
Res 94 -38
KEY AND MANAGEMENT EMPLOYEES.
28.
Resolution No. 94 -39 for NEWPORT BEACH
NB P &T Asr
PROFESSIONAL & TECHNICAL EMPLOYEES
Res 94 -39
ASSOCIATION (CONTRACT N0. 2051).
29.
Resolution No. 94 -40 for NEWPORT BEACH
NB PE Asn
POLICE EMPLOYEES ASSOCIATION (CONTRACT
Res 94 -40
NO. 2056).
30.
Resolution No. 94 -41 for NEWPORT BEACH
NB Marine
MARINE. SAFETY OFFICERS ASSOCIATION
Sfty Ofcr:
(CONTRACT NO. 2058).
Res 94 -41
31.
Resolution No. 94 -42 for NEWPORT BEACH
NBEA
EMPLOYEES ASSOCIATION (CONTRACT NO.
Res 94 -42
2059).
32.
Resolution No. 94 -43 for NEWPORT BEACH
NBEL
EMPLOYEES LEAGUE. (CONTRACT NO. 2065).
Res 94 -43
Volume 48 - Page 175
COUNCIL MEMBERS
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CITY OF NEWPORT BEACH
MINUTES
June 13, 1994
33. Resolution No. 94 -44 for NEWPORT BEACH
NB PMgmAsr
POLICE MANAGEMENT ASSOCIATION (CONTRACT
Res 94 -44
N0. 2932).
NB Fire
34. Resolution No. 94 -45 accepting the offer
Final Mp
for park dedication required with the
Tr 14533
approval of the Tentative Map of Tract
Res 94 -45
No. 14533; and authorize the City
FIREFIGHTERS EMPLOYEES ASSOCIATION
Manager to sign the acceptance
concerning FINAL MAP OF TRACT 14533 to
subdivide 9.2 acres of land into 12
Personnel Director]
numbered lots for single family
58.
residential development, 6 lettered lots
NB Fire
for private landscape purposes, 1
methods of compensation reporting to
lettered lot for a public park site, 1
lettered lot for public landscape
Res 94 -47
purposes and 1 lettered lot for future
MANAGEMENT EMPLOYEES ASSOCIATION
MacArthur Boulevard right -of -way, in the
Harbor View Hills Planned Community,
located at 2001 Newport Mills Drive
w /Item 57)
West, on the northwesterly side of
CONTRACTS AND AGREEMENTS
Newport Hills Drive West, between Port
35.
Wheeler Place and Port Stanhope Place,
ADA Alter
in the Harbor View Hills Planned
Inc., for total bid price of $151,662
Community. [Report from Planning
Department]
(38)
Supplemental
Consent Calendar Items:
P.E.R.S.
57.
Resolution No. 94 -46 modifying the
NB Fire
methods of compensation reporting to
Fghtrs Asi
P.E.R.S. for the Newport Beach
Res 94 -46
FIREFIGHTERS EMPLOYEES ASSOCIATION
CONTRACT NO. 2060. [Memorandum from
Personnel Director]
58.
Resolution No. 94 -47 modifying the
NB Fire
methods of compensation reporting to
Mgm Asn
P.E.R.S. for the Newport Beach FIRE
Res 94 -47
MANAGEMENT EMPLOYEES ASSOCIATION
CONTRACT NO. 2946. [Refer to memorandum
w /Item 57)
CONTRACTS AND AGREEMENTS
35.
Award Contract 2934 to TLS Construction,
ADA Alter
Inc., for total bid price of $151,662
C -2934
for READILY ACHIEVABLE ADA ALTERATIONS.
(38)
[Report from Public Works Department]
36.
PERSONNEL VACANCIES - Report from
(66)
Personnel Director.
37.
CLAINS - For Denial by the City Manager:
(36)
Wilbern T. Allen alleging City Refuse
truck hit his parked vehicle while
collecting trash on May 17, 1994 in
alley behind 406 San Bernardino Avenue.
Michael P. Casey alleging property
damage as a result of City sewer backup
into garage at 4694 La Espada Drive on
January 9, 1994.
Joel Feinstein alleging his vehicle was
towed in error on May 18, 1994; seeking
reimbursement of $148.
Thomas Gonzales alleging damage to
vehicle as a result of oil on Bayside
Drive on May 23, 1994; seeking
reimbursement of $70 for removal of tar
and oil from automobile.
Volume 48 - Page 176
COUNCIL MEMBERS
109V: 4101 �_ 1\01 � k
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CITY OF NEWPORT BEACH
June 13, 1994
Ralph S. Gray alleging his vehicle towed
in error from Pacific Coast Highway on
May 20, 1994; seeking reimbursement of
$147.50.
Mark Oskowsky (Kick's Plumbing) alleging
property damage as a result of City
cutting drain discharge lines in error
when making sidewalk improvements in
area of 128 26th Street on February 11,
1994.
Richard Strauss alleging damages,
personal injuries as a result of
accident on SR -73 and San Joaquin Hills
Road on March 20, 1994.
38. PUBLIC HEARING SCHEDULING - June 27,
1994, APPEAL OF USE PERMIT NO. 3527 by
Backpackers Inn.
39. FRIENDS OF OASIS - Request the return of
the title of the Ford Passenger Bus,
City Vehicle No. 7901, to the Friends of
Oasis.
40. LOT LINE ADJUSTMENT 83 -1: Authorize City
Clerk to release the Faithful
Performance Bond and the Labor and
Material Bond (Bond No. 400 GU 9167) for
developer Sav -On Drugs, Inc., regarding
Tract No. 4824, property located at 1020
Irvine Avenue, on the northeasterly
corner of Irvine Avenue and Westcliff
Drive in the Westcliff Plaza Shopping
Center. [Memorandum from Public Works
Department]
41. POLICE FACILITY ROOFING AND UVAC
REPIACEMM%T (CONTRACT NO. 2913) - Accept
the work; and authorize City Clerk to
file Notice of Completion and release
bonds 35 days after recordation in
accordance with applicable portions of
the Civil Code. [Memorandum from Public
Works Department]
42. Removed from the Consent Calendar.
43. Removed from the Consent Calendar.
SPECIAL EVENTS APPLICATIONS - Approve the
following applications, subject to conditions
in the staff report from the Revenue Manager,
Finance Department:
44. Application No. 94 -019 - 12th Annual
Bastille Day 8K and 5K, request of
Orange County Register /Boys Club of
Santa Ana for Sunday, July 10, 1994
beginning at 6:00 a.m. from the Hotel
Meridien.
45. Application No. 94 -048 - Underwater and
Beach Trash Clean -up, request of
D.I.V.E.R.S., on Saturday, July 30, 1994
at Big Corona from 7:00 a.m. - 3:00 p.m.
46. Removed from the Consent Calendar.
47. Removed from the Consent
Volume 48 - Page 177
MINUTES
U/P 3527
(88)
Fr Oasis
(62)
Traffic
(85)
(38)
(27)
13
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COUNCIL MEMBERS
ROLL CRLL
0
Motion
All Ayes
0
CITY OF NEWPORT BEACH
MINUTES
June 13, 1994
INDEX
'40
Mariners
Mile/ZoniT
(94)
Ord 94-31
Wtr Rates
(89)
48. Application No. 94-149 - Wedding
Reception of Joseph P. Carroll/Christine
A. Jacobsen for use of outdoor amplified
sound in a residential area, Saturday,
June 18, 1994, 3516 Ocean Boulevard from
3:00 - 7:30 p.m.
49. Application No. 94-161 - Big Canyon
Country Club 4th of July Fireworks
Display between Fairways #1 and #9,
approximately 8:45 p.m.
50. Application No. 94-182 - Newport Dunes
Resort to conduct the 36th Annual 4th of
July 4. Fireworks Display at
approximately 8:30 p.m.
51. BUDGET AMENDIERNTS
Rk-056, $1,250 - To reflect a donation
from the Rotary Club for the All City
Track and Field Meet; COMMUNITY SERVICES
DEPARTMENT SPECIAL DEPARTMENT SUPPLIES.
RA-057, $735 - To increase the overtime
budget in the GENERAL SERVICES - PARKS
DIVISION SPECIAL EVENT STAFFING, with
offsetting revenues paid by Special
Event permittees. [Memorandum from
General Services Director]
RA-058, Removed from the Consent
Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR
21. The City Attorney advised that his
report was for a recommendation to
submit to the Planning Commission to
initiate an amendment, and not to
introduce a proposed ordinance at this
time to amend Chapter 20.07.030 of the
NEWPORT BEACH IMICIFAL CODE pertaining
to total square footage of the site.
Ernie Liske, 503 32nd Street, addressed
the Council and requested that the
foregoing item be postponed until July
25, as the sponsoring Council Member is
not here tonight. He added that the
members of the Mariners Mile Association
would like to have a hearing and discuss
the issue a little bit more.
x
Notion was made to approve the above
request.
19. Report from Utilities Department
regarding Proposed ORDINANCE No. 94-31.
recommending introduction and scheduling
for public hearing on Jmns 27, 1994,
being.:
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
ARMING VARIOUS CHAPTERS OF TITLE
14 OF THE NEWPORT REACH NUNICIPAL
CODE: SETTING THE BASIC WATER
QUANTITY RATE AT $1.82 PER HUNDRED
CUBIC FEET AND MODIFYING THE WATER
RATES FOR 3/4-INCH, I-INCH AND 2-
INCH WATER SERVICES;
and
Volume 48 - Page 178
INDEX
'40
Mariners
Mile/ZoniT
(94)
Ord 94-31
Wtr Rates
(89)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS g
CRLL June 13, 1994
•
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MINUTES
INDEX
rd 94 -32
ewer Rate
89)
20. Report from Utilities Department C
recommending proposed ORDINANCE No. 94- <
32 for introduction and to schedule a
public hearing on June 27, 1994, being:
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
AMENDING CHAPTER 14.24 OF THE
NEWPORT BEACH MUNICIPAL CODE BY
ADJUSTING THE SERER CONSUMPTION
CHARGE TO $0.10 FOR EACH HUNDRED
CUBIC FEET OF WATER DELIVERED
UNTIL DECEMBER 31, 1994, AND $0.12
FOR EACH HUNDRED CUBIC FEET OF
WATER DELIVERED AFTER JANUARY 1,
1995, TO EACH CUSTOMER CONNECTED
TO THE CITY SEVER SYSTEM.
Council Member Hedges stated that he
will not be supporting the foregoing
increases at this time because the
City's internal accounting needs
improvement with respect to what
functions within the Utilities
Department, are paid for out of the
Enterprise Fund, and therefore by the
water rate payers; i.e., all of the
salaries in the Geographic Information
System, the Utilities Director, and the
Deputy Director. The Council needs a
better cost accounting of the Water
Funding before approval is given. Also,
he stated that he could not support the
relatively high fixed proposed rates for
the "readiness to serve" charges.
Also, Council Member Hedges stated that
he cannot support until December 31,
1994, the increase charge from 8 to 10
cents in sewer consumption, and increase
of 12 cents effective January 1, 1995,
that is an automatic increase to which
a future Council will be bound by.
Council Member Sansone, Chairman of the
Utilities Committee, stated that he,
too, had reservations because there is
approximately $1 million charged to the
Enterprise Fund that he feels should be
charged to the General Fund, i.e., over
one -half million dollars which is for
park maintenance and about the same
amount of money for water used within
the City. The increase in the water rate
set by the Metropolitan Water District
has to be passed on, but it would appear
to him that at least the cost of water
for City buildings which is 775 acre
feet and totals almost one -half million
dollars should be charged to the
occupants of the buildings as part of
their operating costs. The water
provided for the use of the parks
representing $534,000 should be charged
off against the Parks Department as a
normal operating expense.
Volume 48 - Page 179
INDEX
rd 94 -32
ewer Rate
89)
CITY OF NEWPORT BEACH
ggCOUNCIL MEMBERS
�^s�� June 13, 1994
CRLL s
Motion
X
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Ayes x x x x
Noes x
Motion
All Ayes
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Motion
•
MINUTES
Council Member .Sansone stated that he
will make the motion to support the
foregoing increases, with the condition
that the City re- evaluate how and where
charges are put into the different City
Funds for next year (rather than in the
water and sever funds); and introduced
and passed for second reading and public
hearing on June 27, proposed Ordinance
Nos. 94 -31 and Ordinance No. 94 -32.
X Following discussion, the motion was
voted on and carried.
26. Memorandum from Planning Department
regarding; proposed resolution
establishing the FEE SCHEDULE FOR ZONING
AND SUBDIVISION FEES.
X Discussion ensued, wherein motion was
made to defer action for two weeks in
order to present the Council and the
public with a cost analysis in
conjunction with adoption of the subject
resolution; and related cost figures for
possible funding for a full -time
Municipal Compliance Officer position.
42. Report and verbal request from the
Police Chief regarding MOBILE VIDEO
SURVEILLANCE EQUIPMENT - Recommending
approval for the acquisition of mobile
video surveillance equipment for use by
the POLICE DEPARTMENT to be used in
unmarked police vehicles as a method of
defense in possible litigation cases;
and authorize the preparation of
specifications and requests for bids
from appropriate vendors; authorize the
necessary expenditure to be appropriated
out of the Internal Service Fund for
liability costs to the City due to the
direct relationship between the project
and the reduced liability exposure which
will result; and direct staff to return
to Council for final bid award and a
report from the Finance Director on the
most appropriate method of financing the
project (outright purchase vs. multi-
year municipal lease purchase).
Notion was made to approve the entire
project, but with a hold on the
helicopter portion until the vendor can
adequately prove the appropriate
sensitivity of the camera for high
resolution.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council, stating
that he has always been for additional
technology that will aid the Police
Department in doing their job, but
questioned the tamperability of the
film.
Lt. Tim Riley advised that there is also
a concern with the evidence that the
video tape would produce for court, and
any video that the Police Department
would recommend would have both audio
and video capabilities, and one that
could not be recorded over the existing
tape without erasing the entire tape
with a special device.
Volume 48 - Page 180
Zoning /Sub
Division
Fees (40)
Police/
Video Srvl
Equip (70)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
s P June 13, 1994
ROLL CALL
MINUTES
INDEX
Discussion ensued, wherein the Council
expressed their complete confidence in
the City's Police Department.
All Ayes
The motion was voted on and carried.
43. Memorandum from Assistant City Manager
Library Bc
regarding LIBRARY BOARD OF TRUSTEES
Charter
•
MEMBERSHIP - Refer proposed expansion as
Amendment
to the number of Library Board Trustees
to the Board for review and comment
(39)
regarding amendment to the City Charter.
Mayor Turner recommended that the
Library Board of Trustees membership be
increased from five to seven members,
since he has been on the Council he has
seen many highly qualified volunteers
who want to serve on the Board turned
away because there are not enough
volunteer positions available. The
increase in membership can only be
accomplished by Charter amendment which
will cost the City approximately $7,000.
Motion
x
Notion was made by Mayor Turner
recommending a Charter amendment be
placed on the November 1994 ballot.
Although there are a lot of qualified
volunteers for the Library Board of
Trustees throughout the City, Council
Member Hedges stated that he does not
feel that the City should spend $7,000
for a Charter amendment to increase the
membership.
_
Council Member Sansone stated that he
•
concurred with the reasoning behind
Council Member Hedges remarks, and he
feels that the main Library Board can
get volunteers as a subcommittee to work
with them. Two additional members will
not change the procedure in which
recommendations are made by the Library
Board to the Council. He added that,
after spending time cutting items from
the budget, he feels the $7,000
expenditure for a Charter amendment is
unnecessary.
Council Member Cox stated that it seems
reasonable to have seven members on the
Library. Board, as there are seven
members on the City Council, and Arts
Commission, but foremost, he feels as
Mayor Turner does in the fact that there
are a lot of qualified dedicated
residents who would like to be on the
board; and. therefore, he was in support
of a Charter amendment.
Mayor Pro Tem Watt is in support of
increasing the membership to seven, as
she stated that the City is expanding
and there is a need for the additional
board members who want to participate in
•
City government.
Volume 48 - Page 181
CITY OF NEWPORT BEACH
,{. COUNCIIIL, MEMBERS
Fs
CRLL June 13, 1994
MW
Motion
Ayes
Noes
is
0
Council Member Debay
too, will be supports
a Charter amendment,
expanded activity
Commission, whose
recently increased
amendment.
stated that she,
ng the motion for
and compared the
of the Arts
membership was
by a Charter
Council Member Hedges made a substitute
motion that the Library Board have 19
members.
In view of the foregoing, Mayor Turner
made a second substitute motion the same
as his main motion made earlier, for a
Charter amendment to increase the
membership from 5 to 7 on the Library
Board of Trustees.
Discussion ensued, wherein Council
Member Hedges asked for a Roberts ruling
challenging the second substitute motion
being the same as the main motion.
Following comments, the second
substitute motion made by Mayor Turner
was voted on and carried.
MINUTES
46. Report from Revenue Manager, Special
recommending approval, subject to Events
conditions in the report, for Special Ap194 -079
Events Application No. 94 -079 - Antique (27)
Symposium & Exhibit in the Cannery
Village, on Saturday and Sunday,
September 17 and 18, 1994.
Mayor Pro Tem Watt inquired about the
parking locations for the pedicabs to
shuttle the projected 5,000 people
attending the Antique Symposium; and who
pays for the traffic controls and
security.
Jane Altman -Dwan, representative of the
Antique Symposium & Exhibit addressed
the Council, stating in conjunction with
the Police Department's approval, she
will be handling the security requests;
and a shuttle from the Newport Pier to
the facility grounds in Cannery Village
area will provide the main
transportation, with pedicabs to assist
people with their packages to the pier
shuttle.
Glen Everroad, Revenue Manager,
addressed the Council advising that the
applicant has proposed various private
and public parking locations, and the
estimate of 5,000 attendees stretches
over the two day event. In the revised
application submitted, the Police
Department recommended that there be no
additional hired extra Police services
provided for this event because traffic
control will be on an extremely limited
basis. The main arteries through the
Cannery Village area will remain open to
vehicular traffic. The Police
Department was satisfied that the
applicant could provide adequate
security to just to ensure that
motorists don't enter the area.
Volume 48 - Page 182
COUNCIL MEMBERS
` �yG�
Cg
Motion
•
x
CITY OF NEWPORT BEACH
June 13, 1994
Motion was made to approve the subject
application.
Question was raised by Council Member
Hedges in conjunction with Council
Member Sansone's concern regarding
public street closures for a period of
two days as is the case here, and
whether an admission fee can be charged
on a public street closure.
Mr. Everroad responded that in the
original application, it was intended
that the entire Cannery Village area
supported by LaFayette, 32nd Street and
Newport Boulevard be restricted to both
vehicular and pedestrian traffic. The
only other special event that he is
aware of that was conducted on public
property which imposes a fee for
attendants is the "Taste of Newport," in
the Seafest Event.
In answer to Council inquiry regarding
admission fees, Mr. Everroad cited the
most recent Corona del Mar Scenic 5 -K
Run, in which a number of participants
did not register because they did not
wish to receive a T -shirt or
registration materials, and merely
entered the run to participate.
Because of staff's concern regarding the
extended street closure, the applicant
was asked to communicate with each of
the businesses and residents in the
area, and Mr. Everroad advised that the
applicant surveyed the area resulting in
808 in support of the event.
Buzz Person, 507 29th Street, addressed
the Council expressing his concern about
the subject event, and just heard about
it on his television, and hurried down
to the Council meeting.
The applicant reviewed the contents of
a letter sent to affected businesses and
residents informing them of the proposed
event, that the event will impact
weekend business and residences, and
during early morning to late afternoon
it will be necessary to cordon off
Cannery Village from 31st to 29th
Streets.
Buzz Person addressed the Council after
he reviewed the proposed special event
application, stating that 908 of the
antique businesses are located on 31st
Street; between 28th and 29th Street
there is one on LaFayette, and there may
be one or two near Delaneys Market on
30th Street. He doesn't believe this
particular event should be allowed to
impact the magnitude of the village when
they could have a street -type fair
within the confines of 31st Street,
which has the majority of the antique
businesses.
Volume 48 - Page 183
MINUTES
INDEX
Antique
Symp
ROLL
•
•
Motion
COUNCIL MEMBERS
0 M
N - 01 ONA, q � - %
x
CITY OF NEWPORT BEACH
Motion x
Ayes x
Noes x x x x x
All Ayes
0
Motion
x
June 13, 1994
Peter Tarr, 5023 Lido Sands Drive,
addressed the Council, stating that he
has seen this type of operation take
place very successfully in cities across
the country to the benefit of the cities
and neighborhoods, and he thinks in the
spirit of economic development that this
is not a bad idea.
Rick Lund, 127 43rd Street, addressed
the Council stating that he sees this
event as a great benefit to the
community, and would like to see a lot
more of these during the 4th of July
holiday in West Newport.
Buzz Person addressed the Council
stating that perhaps this event would be
better placed solely on 31st Street
where the majority of the antique
businesses are with less impact to the
neighborhood, and not cordon off Cannery
Village.
Council Member Debay reviewed a letter
received from Richard Luehrs of the
Newport Harbor Area Chamber of Commerce,
wherein he indicated that this activity
is tied into the Newport Seafest and
asked for a favorable vote as the
importance of these special events have
an affect on the overall marketing
efforts to the community.
The City Attorney suggested that the
Council continue the discussion for two
weeks, as there are some legal issues
raised regarding prohibition of
commercial use of streets and sidewalks
being closed for a special event, and
issues relating to the use of pedicabs.
Motion was made to approve Special
Events Application No. 94 -079 for the
Antique Symposium A Exhibit in Cannery
Village on Saturday and Sunday.
September 17 and 18, 1994, and in the
meantime resolve the legal issues.
Following discussion, Mayor Pro Tem Watt
withdrew her motion.
Council Member Sansone made a substitute
motion to restrict the event to 31st
Street, which motion FAILED.
Council Member Hedges' motion was voted
on and carried.
47. Report from Revenue Manager recommending
approval for Application No. 94 -147 -
Bayshores Community Association for use
of outdoor amplified sound in a
residential area from 7:00 p.m. - 11:00
p.m. , during an Opening Day of Summer
Celebration on Saturday, June 18, 1994,
on the Bayshores Community Shores
private beach.
Mayor Pro Tem Watt made a motion that
J application be revised to reflect
outdoor amplified sound request hours
from 7:00 - 10:00 p.m.
Volume 48 - Page 184
MINUTES
INDEX
Antique
Symp
Special
Events
Ap194 -147
(27)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
t q \s9y�� �G� June 13, 1994
R01 I
MINUTES
IidilT3A
Glen Everroad, Revenue Manager,
addressed the Council, advising that the
applicant was not present. He stated
that this is an annual event, and
historically the applicant has been
limited to 10:00 p.m. for the amplified
outdoor sound.
Ives
The motion was voted on and carried.
51. Budget Amendment -058, $40,000 To
BA -058
provide for BALBOA BAY CLUB APPRAISAL
(40)
AND ECONOMIC ANALYSIS SERVICES [approved
at the May 23, 1994 meeting, Item #20
Consent Calendar] with Keyser Marston &
Associates and MAI appraisal services.
The City :Manager advised that the cost
for the two analyses will now amount to
$49,000, and he is asking for Council
approval for the higher amount.
Motion
x
Motion was made to approve the revised
111 Ayes
amount of $49,000.
PUBLIC HEARINGS
52. Mayor Turner opened the public hearing
FY194 -95
regarding proposed FISCAL YEAR 1994 -95
Budget/
BUDGET; AND CITY'S APPROPRIATION LIMIT,
Aprop Lmt
pursuant to Article IIIB of the State
Constitution.
(40)
Report from Finance Director.
The City Manager advised that copies of
the proposed budget are available in the
Finance Department for purchase, or
•
check out from the public library.
Long K. Pham, 1529 W. Balboa Boulevard,
addressed the Council, stating that he
had four proposals: 1) Before the City
begins to layoff employees re- evaluate
and adjust management salaries; 2)
Eliminate the Assistant Director
positions; and 3) Consolidate the
following departments into one: Building
and Planning, Utilities and General
Services, and Finance and Personnel,
thereby eliminating the need for three
directors which will save the City a lot
of money; and 4) That the Council make
sure that the City Manager and City
Attorney assume more responsibility and
be accountable for the mistake that the
City made in the past to pay the former
Police Chief over $1 million and pay the
Police Officer who was accused of rape,
and also pay their accusers. He also
expressed his concerns about the City
"dumping" several millions of dollars on
a three million gallon underground
reservoir project, which, he stated,
will be located directly above an active
fault line. He feels that management is
throwing a lot of money away and its
•
time to replace them as they are trying
to save nickels and dimes by laying off
workers.
Volume 48 - Page 185
COUNCIL MEMBERS
\RLApJ, o ROLL
•
CITY OF NEWPORT BEACH
June 13, 1994
Mayor Turner commented that regarding
the underground utilities, the City is
in a process of extending the water well
system into Fountain Valley so that
there can be another source of water
other than purchasing it from the
Metropolitan Water District. The cost
of providing that water is several
million dollars, but in the start of the
process of building the reservoir the
City did discover a fault, and an
additional half million dollars must be
spent to move the reservoir from that
fault area, but it is the responsibility
of the City to provide the necessary
water to the community.
With regard to the former Police Chief
and his Captain, the Mayor stated that
they chose to retire and were entitled
to do so in this particular case.
Mayor Turner in commenting on the
remarks made to consolidate the various
City departments and eliminating the
Assistant Directors positions, stated
that there is an assumption here that
the Assistant Directors have nothing to
do. In so far as the salary adjustments,
this has been done after taking into
consideration the amount of work to be
done by those positions. He added that
the City worked with the Police and Fire
personnel to get into a program which
will eventually get their salaries back
up into the top five, and worked with
the other Employee Associations as well
to bring their salaries back up.
Council Member Sansone commented that
the fault, which is a subject of
discussion in the foregoing, is
determined by geologists to be 10,000
years old, but under the State
guidelines it has to be classified as an
active fault.
Arthur DeLaLoza, 220 Rings Place,
addressed the Council stating that he
was representing the Cliff Haven
Community Association tonight by asking
that the City reconsider the cuts that
are being imposed on the City's Police
Department. He feels that in adding up
the positions lost off the streets in
the Police Department over the past few
years, the figure now stands at 22
positions lost in public safety, and the
community is concerned that this is not
the time to start cutting back the
Police Force when, in fact, the reality
is that crime is on the increase in the
City of Newport Beach. He cited the
money being allocated for the Capital
Improvement Projects budget, (pages C -7
through 11) against taking three or four
police officers off the street.
Volume 48 - Page 186
MINUTES
INDEX
FY'94 -95
Budget
i
0
•
CITY OF NEWPORT BEACH
CCOUNCIL MEMBERS
100-A10MA041 \ Jame 13, 1994
At the request of Council, Police Chief
Robert McDonell advised that no one
wants to see a reduction in the Police
Department staff. He is not overly
concerned about the Police Department's
ability to respond to emergency calls
for service and sustain these reductions
but, yes, it will affect their ability
to deploy for other special requests,
and some additional calls that have a
lower priority. In terms of handling
the most critical calls, they will have
to do a better job of prioritizing.
Sid Soffer, 900 Arbor Street, Costa
Mesa, addressed the Council suggesting
a process by which money budgeted for
one account be transferred to another on
a priority basis if it were ascertained
that police problems really got bad.
Also he feels that one of the problems
is an escalation of labor costs in the
police department to "keep up with the
Joneses."
Jean Kiger, Chairman of the Library
Board, addressed the budget item
replacing the Library Division van. She
stated that the van is targeted for
replacement out of the Internal Service
Fund, and is 13 years old with 80,000
miles of service, primarily with the
wear and tear of stop and go driving.
The van is the only vehicle available
which daily delivers approximately 1,000
books and items from one library to
another, and now provides delivery
service for three other divisions in the
Community Services Department. During
the past year the van has had two
extended periods of downtime for repairs
causing disruption. With initiation of
service from the new facility in July,
the interior of the van must be
customized for safety of both the staff
and the materials, as the former carrier
bags will be replaced with rectangular
containers. She encouraged the Council
to see what they could do about getting
a replacement van.
Mayor Turner requested a report from
staff on the condition and downtime of
the van within the last year, when the
check list is considered.
Karen Schnell, Curator of Education,
Newport Harbor Art Museum, addressed the
Council regarding the Arts Commission
Grants, stating that with the passage of
the Goals 2000 Educate America Act in
April, national goals have been designed
naming the arts as a core academic
subject. They are following these goals
at the Museum by implementing .their
Artists in Residency Program now in its
third year, and are reaching out to
junior high school students at both
Horace Ensign Middle School, and Corona
del Mar High School. This year they
added a new dimension under the
Volume 48 - Page 187
MINUTES
FY'94 -95
Budget
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
S June 13, 1994
ROLL CALL
0
•
direction of Dru Cattrell through the
Arts Commission Office and Arts
Commissioners with a final exhibition
that was shown at City Hall. She added
that without the financial and
educational support of the Arts
Commission and the City Council, they
could not continue to implement this
fabulous art program. Their newest
pilot program is to target first grade
students and to offer a hands -on art
experience in the classrooms. She added
that we must not forget that if we want
art to be a part of our culture we must
continue offering these programs for all
children.
Michael Botwinich, 1221 Reel Drive,
Newport Harbor Arts Museum, stated that
it was a year ago when he appeared
before the Council regarding support of
the Cultural programs that are brought
to the Newport Beach community to enrich
the quality of life. He mentioned
statistics from a recent audit regarding
the numerous activities performed in 290
school programs in 1992 -93, such as
tours, outreaches, teacher workshops,
arts residencies, arts in the schools,
and art music which served over 15,000
school children. In the same period
they conducted 158 adult programs
consisting of lectures, gallery talks,
tours, street classes, studio classes,
film classes, etc., serving over 5,000
adults. Last year as a community the
City of Newport Beach got a bargain for
the $40,000, and he would hope there is
the same support this year, as the
investment is specifically channelled
into Newport Beach programs.
Mary Lyons, 36 Harbor Island, Vice
President of Education for the Pacific
Choral, addressed the Council, speaking
not only about the Pacific Choral and
the programs for youths, but also to the
preservation of the Arts Commission and
hopefully its enhancement. Anytime you
involve a child in a creative, nurturing
and disciplined atmosphere that child
brings with him his talents, friends,
his family and all of the people who
care about him, and his world and all
the other worlds around him are greatly
enlarged and enhanced by these kinds of
experiences. The two programs that the
Pacific Choral are most proud of are the
two children's choruses, and there will
be a third one beginning in December.
She added that children are our greatest
resource and our hope for the future,
and the more we do for their education
the more our worlds are improved. She
hoped that the City will give as much as
they can, and in time maybe more.
Volume 48 - Page 188
MINUTES
INDEX
FY'94 -95
Budget
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
ROLL C�S lGyT nom'
FIL \%\J- June 13, 1994
MINUTES
INDEX
Elizabeth Stahr, 4639 Roxbury Road,
FY'94 -95
addressed the Council representing the
Budget
Pacific Choral, and also spoke in
general about the arts, as she feels
very strongly that the community is the
agent that brings the artists and the
audience together. The partnership of
the City of Newport Beach is really
vital. She stated that she and her
•
husband participate in every arts
organization in Orange County, and see
the incredible work these organizations
do for both children and adults in the
community and particularly Newport
Beach. She thinks it is wonderful to
see the City Hall feature.childrens art.
She realizes the City has money
considerations, but urged that the
grants to the arts continues in Newport
Beach.
Burton Karson, 404 De Sola Terrace,
Artistic Director of the Baroque
Festival in Corona del Mar, addressed
the importance of the arts in the lives
of all people. He stated that the prime
object of a good life includes the arts,
and when people are successful they
attend the museums, become patrons of
the arts, and this is the most
meaningful area of their lives. He made
mention that the Baroque Music Festival
has weathered 14 years, and thanked the
generosity and support of the
individuals of the community, the City
of Newport Beach and the growing number
of advertisers in their Festival
Program. He added that in Newport Beach
there are very few places where you can
hear performing arts, other than the
Baroque Festival.
Walter Rios, 2415 Novia Place, addressed
the Council stating that for the past 14
years it has been his privilege and
pleasure to be a volunteer serving the
Baroque Festival in Corona del Mar.
Since moving from Germany to Southern
California 22 years ago, he is glad to
see a turn - around of the arts in Orange
County. He cited the many.benefits the
community realizes through the City's
contribution to the Baroque Festival,
i.e., brings in business as the public
patronizes the businesses and
restaurants and enhances the reputation
of Newport Beach as a community that
appreciates the arts.
Angela Woo, Director of Music at Corona
del Mar High School, teaching both
instrumental and vocal music to students
grades 7 through 12, addressed the
Council stating that on behalf of the
students, she would like to extend her
gratitude to the City of Newport Beach
Arts Commission and the City Council for
its support of training clinics and
master classes presented by the Pacific
Symphony Orchestra Outreach Program.
She stated that their music department
is slowly developing and evolving, and
Volume 48 - Page 189
COUNCIL MEMBERS
CRLL�s
•
Motion
All Ayes
0
Ales I I I I x
CITY OF NEWPORT BEACH
June 13, 1994
emphasized that educating and persuading
everyone that music and the arts for
students as a component of basic
education is something that society
needs.
The City Manager stated that producing
the budget has been difficult, as the
City is in a precarious situation of
receiving less in taxes due to the
economy, and less in typical
intergovernmental support from
Sacramento. He added that as City
Manager and resident of Newport Beach,
and long time public administrator, it
pains him to make any cuts to any
organization, but particularly to those
related to public safety. The public
also needs to know that the Police
Department has taken fewer reductions
than all other City Departments, and
that has been by design. As regards
Capital Projects, he feels that in this
budget there is more description than in
any other city's budget that he has
worked on, and in response to the
remarks made earlier, they have
prioritized projects.
Mayor Turner pointed out that the
individual check list items will be
discussed at the June 27 evening City
Council meeting.
Motion was made to adopt Resolution No.
94 -48 determining and establishing an
Appropriations Limit for Fiscal Year
1994 -95.
53. Mayor Turner opened the public hearing
regarding City Council review of
Application of BACCHUS for USE PERMIT
NO. 1956 (AMENDED); on property located
at 3505 Via Oporto - 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. The
approved use permit permitted the
establishment of Bacchus, a
restaurant /nightclub facility with on-
sale alcoholic beverages, two separate
dance floors, live entertainment, pre-
recorded music, the installation of
eight billiard tables, and the use of
tandem and valet parking spaces.
Report from Planning Department.
The City Clerk advised that after the
agenda was printed, a letter for
continuance to June 27, 1994 was
received from the applicant's Attorney
Hugh R. Coffin of Pizer & Michaelson,
Inc.
Mayor Turner made a motion to postpone
discussion and action to June 27, as
requested by the applicant's attorney.
Volume 48 - Page 190
MINUTES
Res 94 -48
U/P 1956([
Bacchus
(88)
CITY OF NEWPORT BEACH
COUNCIL MEMBERS
�S
ROLL CALL June 13, 1994
0
Motion
All Ayes
•
Motion
All Ayes
•
MINUTES
INDEX
dM /Lndscp
[edian
-2924
:ouncil
?olicy
(69)
CONTINUED BUSINESS
54. Report from Public Works Department
concerning CORONA DEL BAR COAST HIGHWAY p
HEDIAN LANDSCAPING. 1
The City Manager reported that the staff
report addresses the concerns presented
at the meeting of May 23, with two
options: 1) to approve the request,
basically forgiving the debt, or 2)
denying the request and directing the
staff to prepare a modified agreement
allowing additional time for
reimbursement.
Rick Lund, 127 43rd Street, addressed
the Council stating that he is a former
President of the Newport Harbor High
School Aquatics Booster Group that paid
back $15,000 by holding swim -a- thons,
baked sales, etc., to raise the money
and did it a year early, and he feels
that he doesn't understand why the
Corona del Mar Chamber of Commerce
cannot pay their debt to the City. He
suggested that they be given more time
to pay the loan if necessary, but not to
forgive the loan.
x
Notion was made to deny the request and
direct the staff to prepare a modified
agreement with the Chamber allowing
additional time for reimbursement (two
years is suggested).
55. Report from the City Attorney concerning
amendments to COUNCIL POLICIES A -6,
OPEN MEETING POLICIES; and E -2, COUNCIL
MEETINGS ,AGENDA DISTRIBUTION TO THE
PUBLIC BY MAIL.
The City Attorney referred to the three
proposals found on page 2 of his staff
report modifying the Council Policies in
conformance with recent amendments to
the Brown Act.
x
Discussion ensued, wherein motion was
made to adopt amendment to Council
Policy E -2, and to direct the City
Attorney to make final revisions to
Council Policy A -6 as follows:
(a) Include an item entitled
"Matters which a Council
Member would like staff to
report on at a subsequent
meeting" (with the
understanding that the
Council may put the item on
an agenda for action when
it receives and discusses
the report);
(b) Include an item entitled
"Matters which the City
Council would like placed
on a future agenda for
action and staff report"
(with the understanding
that the Council would
utilize this agenda item'
when there was not
Volume 48 - Page 191
INDEX
dM /Lndscp
[edian
-2924
:ouncil
?olicy
(69)
COUNCIL MEMBERS
VOVONIOMAIAP
•
Motion
All Ayes
10
x
CITY OF NEWPORT BEACH
June 13, 1994
sufficient time to first
receive a report and then
place a matter on the
agenda for action); and
(c) Include an item entitled
"Matters which a Council
Member has raised for
discussion" with the
Council required to submit
items for discussion prior
to 5:00 p.m., on the
Thursday preceding the
meeting with the City
Manager and /or City Clerk
to prepare a Supplemental
Agenda.
CURRENT BUSINESS
56. BOARD AND COMMISSION VACANCIES LIST
On behalf of the Appointments Committee,
Mayor Pro Tem Watt expressed her thanks
to those residents who showed an
interest in serving on the Boards and
Commissions.
Notion was made to Confirm the following
nominations [appointments to be
confirmed at the June 27, 1994 Council
meeting]:
CITY ARTS COMMISSION
Alexandria Phillips and Riki
Kuchek and Lyn Belasco
CIVIL SERVICE BOARD
(Council nominee)
Robert Foster and Thomas Norris
BOARD OF LIBRARY TRUSTEES
(Effective August 1, 1994)
George Jeffries and Walter Koch
PARKS. BEACHES & RECREATION
COMMISSION
Cherie Hart and Frank Ryan
Bill Schonlau and Raymond Zartler
PLANNING COMMISSION
Garold Adams and Michael Toerge
Meeting adjourned at 9:40 p.m.
Volume 48 - Page 192
MINUTES
Boards/
Commissioi
COUNCIL MEMBERS
C
0
CITY OF NEWPORT BEACH
June 13, 1994
* * * * it * * * * * * * *
The agenda for this meeting vas posted
on June 8, 1994 at 3:15 p.m., and the
supplemental agenda posted on June 9,
1994 at 10:00 a.m., on the City Hall
Bulletin Board located outside of the
City of Newport Beach Administration
Building.
ATTEST:
Volume 48 - Page 193
MINUTES