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HomeMy WebLinkAbout06/27/1994 - Regular MeetingCOUNCIL MEMBERS CRLL 3resent lbsent Motion kll Ayes K On 111 Ayes Motion All Ayes Motion All Ayes Motion All Ayes • a X x CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TINE: 2:00 P.M. DATE: June 27, 1994 X ROLL CALL Reading of Minutes of Adjourned Meeting of June 9, and Regular Meeting of June 13, 1994, was waived, approvedas 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: Request of Council Member Hedges - Renaming a portion of Las Arenas Park to Veterans Memorial Park. Request of Council Member Hedges - Possible City Charter amendments to conform to current law. Inasmuch as Council Member Hedges was unable to attend this meeting, the above items were deferred to July 11, 1994. COUNCIL CONNITTEE REPORTS - For discussion only [receive and file]: 1. Minutes of May 9 Meeting - Air Quality Management Plan Coordination Committee. Craig Bluell, Principal Planner, distributed and discussed three AQMD issue papers regarding: 1) Shopping Centers, 2) Special Event Centers, and 3) Other Transportation Control Measures of Interest to Cities. Motion was made to receive and file. 2. Minutes of May 26 Meeting - Pacific View Memorial Park Committee. Motion was made to receive and file. STAFF REPORTS - For discussion only [receive and file]: 3. Introduction of new Executive Director of the NEWPORT HARBOR VISITORS AND CONFERENCE BUREAU, and discussion of CVB 1994 -95 Budget. Rosalind Williams, recently appointed Executive Director of the Newport Harbor Visitors and Conference Bureau, gave an overview of their proposed budget for 1994 -95; distributed the Newport Beach Color Coast packet of information to be displayed in various locations throughout the City; and answered questions posed by Council Members, following which the City Council received and filed the report. Volume 48 - Page 194 MINUTES (24) (24) X X X X X x x x a X x CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers TINE: 2:00 P.M. DATE: June 27, 1994 X ROLL CALL Reading of Minutes of Adjourned Meeting of June 9, and Regular Meeting of June 13, 1994, was waived, approvedas 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: Request of Council Member Hedges - Renaming a portion of Las Arenas Park to Veterans Memorial Park. Request of Council Member Hedges - Possible City Charter amendments to conform to current law. Inasmuch as Council Member Hedges was unable to attend this meeting, the above items were deferred to July 11, 1994. COUNCIL CONNITTEE REPORTS - For discussion only [receive and file]: 1. Minutes of May 9 Meeting - Air Quality Management Plan Coordination Committee. Craig Bluell, Principal Planner, distributed and discussed three AQMD issue papers regarding: 1) Shopping Centers, 2) Special Event Centers, and 3) Other Transportation Control Measures of Interest to Cities. Motion was made to receive and file. 2. Minutes of May 26 Meeting - Pacific View Memorial Park Committee. Motion was made to receive and file. STAFF REPORTS - For discussion only [receive and file]: 3. Introduction of new Executive Director of the NEWPORT HARBOR VISITORS AND CONFERENCE BUREAU, and discussion of CVB 1994 -95 Budget. Rosalind Williams, recently appointed Executive Director of the Newport Harbor Visitors and Conference Bureau, gave an overview of their proposed budget for 1994 -95; distributed the Newport Beach Color Coast packet of information to be displayed in various locations throughout the City; and answered questions posed by Council Members, following which the City Council received and filed the report. Volume 48 - Page 194 MINUTES (24) (24) COUNCIL MEMBERS p ROLL CRLL S � Ko Al es Motion All Ayes Moto All Ayes x CITY OF NEWPORT BEACH June 27, 1994 STAFF REPORTS - For discussion /action: PLANNING COMMISSION AMENDMENT NO. 785 - Ocean Front Encroachments Front Yard Setbacks. [Report from Planning Department:] Following a summary of the subject item by the Planning Director, comments by Douglas Boyd of Balboa Peninsula and the City Attorney, motion was made by Mayor Turner that staff bring back on July 25, 1994, alternative language modifying the Zoning Code that would establish certain types of permitted encroachments on the Ocean Front in the froutyard setbacks. 5. Verbal discussion from the Planning Director regarding Actions taken by Planning Commission on June 23, 1994. Following presentation by the Planning Director, motion was made by Council Member Watt to schedule Public Hearing on Use Permit No. 3516 - McDonald "s Corporation, which motion FAILED. In view of the foregoing and there being no objections, Mayor Turner ordered the subject report received and filed. 6. Update on Cannery Village Special Event. Letter from Dorothy Doan of Pelican Properties, Inc., disclaiming approval for use of the Pelican Market parking lot on 29th Street. Glen Everroad, Revenue Manager, gave a status report on the proposed event scheduled for September 17 and 18, noting the location has now been changed to Lido Marina Village, and following comments by Jane Abman Dwan, applicant, and the City Attorney, motion was made by Mayor Turner to direct staff to bring back on July 11, a proposed ordinance amending Section 10.08.030, Use of Sidewalks for Commercial Purposes, and a report regarding this new Special Events Application and the proposed admission fee. ADJOURNED TO CLOSED SESSION AT 3:15 p.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED - None. RECESSED AT 4:15 D.m., and reconvened at 7:00 p.m. with Council Member Cox in attendance. Presentation to the City by Herbert J. Patt, Regional President, Jewish National Fund, of a framed gift certificate stating that a Circle of trees has been planted in Israel in honor of the City of Newport Beach for having been designated "A TRITE CITY," by the National Arbor Day Foundation. The Mayor presented a Proclamation to Marty Moore, Mr. Irrelevant 1994, in recognition of IRRELEVANT WEEK, JUNE 26, 1994. Volume 48 - Page 195 MINUTES INDEX (94) (68) Special Events Apl 94 -07' (27) . COUNCIL ROLL CFlLL MEMBERS �0* \% CITY OF NEWPORT BEACH Motion X Ayes X X X X X X Absent X • l MINUTES June 27, 1994 CONSENT CALENDAR The following items were approved, except for those items removed: Pass to 2nd reading on July 11, 1994: 7. Proposed ORDINANCE NO. 94 -33, being, AN ORDINANCE OF THE CITY COUNCIL Perm - OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 5.18.005 THROUGH (27) 5.111.040 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO MARINE CHARTER PERMITS. [Memorandum from Marine Department] 8. Proposed ORDINANCE N0. 94 -34, being, Ord Mari AN ORDINANCE OF THE CITY COUNCIL Cmcl OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.41.090 OF THE (51) NEWPORT BEACH MUNICIPAL CODE, RELATING TO REVOCATION OF PERMIT FOR COMMERCIAL ACTIVITIES. [Memorandum from Marine Department] Schedule for public hearing on July 11, 1994: 9. Proposed ORDINANCE NO. 94 -35, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO INCREASE THE ALLOWABLE PATIO HEIGHT I�IIT WITHIN REQUIRED FRONT YARD SETBACKS ON RESIDENTIAL LOTS ALONG NORTH BAYFRONT AND SOUTH BAYFRONT ON BALBOA ISLAND (PLANNING COMMISSION AMENDMENT NO. 804). [Report from Planning Department] Schedule for public hearing on July 25, 1994: 10. Removed from the Consent Calendar. 11. Resolution, No. 94 -49 approving the application of the City for the URBAN FORESTRY GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARK LAND CONSERVATION BOND ACT OF 1988. [Memorandum from General Services Director] 12. Resolution. No. 94 -50 certifying a LOCAL PAVEMENT MANAGEMENT PLAN FOR THE CITY OF NEWPORT BEACH TO QUALIFY FOR MEASURE M FUNDING; and directing staff to submit the eligibility package to the Orange County Transportation Authority to satisfy the various Measure M requirements. [Report from Public Works Department] 13. Removed from the Consent Calendar. Volume 48 - Page 196 INDEX 94 -33 ne Chr its 94 -34 Actvt 94 -35 o Hght t 804 GS /CA UrbE Forestry C Res 94 -49 (44) K Fndg Res 94 -50 (74) CITY OF NEWPORT BEACH COUNCIL MEMBERS �G�,s92,o ��j, ROLL CALL F June 27, 1994 • MINUTES 14. Resolution No. 94 -52 modifying the ANNUAL PIER FEE pursuant to Section 17.33.030 of the Newport Beach Municipal Code. [Memorandum from Finance Director] 15. Resolution No. 94 -53 modifying the MOORING FEES pursuant to Section 17.22.050 of the Newport Beach Municipal Code. [Refer to memorandum with agenda item 14] 16. Resolution No. 94 -54 establishing a FEE SCHEDULE FOR THE NEWPORT BEACH FIRE DEPARTMENT. [Report from Fire Chief] 17. Resolution No. 94 -55 advising the County of Orange and the Orange County Local Transportation Authority that the City's Circulation Element, MASTER PLAN OF STREETS AND HIGHWAYS, is mutually satisfactory and generally in conformance with the County's Master Plan of Arterial Highways. [Report from Public Works Department] 18. Resolution No. 94 -56 establishing TEMPORARY PARKING RESTRICTIONS for the City -owned lots on the west end of SEASHORE DRIVE, the lot at the corner of SUPERIOR AND PACIFIC COAST HIGHWAY AND THE CITY HALL PARKING LOT. 19. Resolution No. 94 -57 authorizing the TEMPORARY INSTALiATION OF CUL DE SACS ALONG SEASHORE DRIVE DURING THE 4TH OF JULY HOLIDAY. 20. Resolution No. 94 -58 authorizing the TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD AND SELECTED FEEDER STREETS DURING THE 4TH OF JULY HOLIDAY. 21. Removed from the Consent Calendar. 22. Removed from the Consent Calendar. 23. Removed from the Consent Calendar. SUPPLEMENTAL CONSENT CALENDAR ITEMS 53. Resolution No. 94 -59 approving the addendum agreement to the Memorandum of Understanding for the AIRBORNE LAW ENFORCEMENT SERVICES (ABLE). [Report from Police Chief) 54. Resolution No. 94 -60 authorizing City Manager to execute CONTRACT FOR PROFESSIONAL SERVICES, INCLUDING SUPPLEMENTAL LAW ENFORCEMENT SERVICES WITH CALIFORNIA HIGHWAY PATROL (CHP). [Report from City Attorney] CONTRACTS AND AGREEMENTS 24. Removed from the Consent Calendar. 25. PERSONNEL VACANCIES - Report from Personnel Director. volume 48 - Page 197 ROLL i • • CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES -L June 27, 1994 26. CLAIMS - For Denial by the City ]tanager: (36) Automobile Club/Megan P. Hiswall alleging damage to vehicle as a result of City Refuse Truck backing into claimants vehicle on February 4, 1994, on Heliotrope Avenue. Judy Benowitz alleging vehicle damage as a result of collision at MacArthur Boulevard and San Joaquin Hills Road, on March 20, 1994, when Police were directing traffic. Susan Clark for personal injuries, alleging negligence on the part of the City not using due care to protect the premises in alley behind 1510 V. Balboa Boulevard on May 3, 1994. Sam Katbi alleging damage to vehicle as a result of hitting unlit traffic cone left on highway on May 17, 1994 by contractor doing work in area of Pacific Coast Highway and Jamboree. Colleen Kelly for damages to her tire as a result of driving her vehicle over traffic counter on May 29, 1994, on Irvine Avenue (near Oakwood Apartments); seeking reimbursement to replace damaged tire. Juan M. Landaverde alleging personal injuries as a result of being hit by City Refuse Truck while riding his bicycle on Pacific Coast Highway near Arches Bridge. Sharon Madzoe£f alleging water turned brown while she was washing her clothes as a result of the street sweeper draining water from the hydrant across the street from 211 Marigold Avenue on May 23, 1994; seeking reimbursement of $338. 27. GENERAL PLAN AMENDMENT 94 -2 - Report GPA from Planning Department regarding (45) request to initiate amendments to the Newport Beach General Plan as follows: A. Bolsa Park: Request of the Community Services Department to amend the Land Use and Recreation and Open Space Elements to designate a portion of Bolsa Avenue between Old Newport Boulevard and Broad Street for park purposes. The amendment to the Land Use Element would designate the park site for Recreational and Environmental Open Space, and include an area description for the park in the text. The amendment to the Recreation and Open Space Element will add the park site to Service Area 3 as a mini park in the Recreation and Open Space Plan and on the Service Area 3 Map; and B. & C. Removed from the Consent Calendar. Volume 48 - Page 198 94 -2 COUNCIL MEMBERS • i u CITY OF NEWPORT BEACH June 27, 1994 28. BIG CANYON RESERVOIR COVER CEQA ACTION - Approve the project; adopt the findings regarding the environmental effects and approve the Negative Declaration; and authorize staff to solicit proposals for design of a floating cover for the reservoir. [Report from Utilities Department] 29. FIRST AVENUE WATER MAIN REPLACEKENT /CONTRACT NO. 2944 - Accept the work; and authorize the City Clerk to file a Notice of Completion on behalf of the City and release the bonds 35 days after the Notice of Completion has been recorded pursuant to applicable provisions of the California Civil Code. [Report from Utilities Department] 30. BIG CANYON RESERVOIR ELECTRIC PANEL/CONTRACT NO. 2923 - Accept the work; and authorize the City Clerk to file a Notice of Completion on behalf of the City and release the bonds 35 days after the Notice of Completion has been recorded pursuant to applicable provisions of the California Civil Code. [Report from Utilities Department] 31. FINAL NAP OF TRACT NO. 14839 - Request to approve the Final Map of Tract No. 14839 which involves a request to subdivide a single parcel of land into two numbered lots for attached residential condominium purposes, seven numbered lots for detached residential condominium purposes, one numbered lot for landscaping purposes and a future manager's office, one lettered lot for private street purposes, and one lettered lot for private recreational purposes on property located at 1001- 1147 Granville Drive in Newport Center. [Report from Planning Department] 32. TRAFFIC SIGNAL MODIFICATIONS AND INTERCONNECT AT VARIOUS LOCATIONS /CONTRACT NO. 3008 - Approve the plans; and specifications; affirm Categorical Exemption; and authorize the City Clerk to advertise for bids to be opened at 10:00 a.m. on July 12, 1994. [Report from Public Works Department/ Traffic Engineering] 33. BALBOA PENINSULA ALLEY REPLACEMENT/ CONTRACT NO. 3001 - Affirm the Categorical Exemption of Environmental Impact; approve the plans and specifications; and authorize the City Clerk to advertise for bids to be opened at 11:00 a.m., July 14, 1994. [Report from Public Works Department] 34. RESUBDIVISION NO. 649 - Authorize the City Clerk to release the Faithful Performance Bond and the Labor and Material Bond (Bond No. 83 SB 030839 BCA), for Lots 1, 2, 3 and 28, Block 220, Section A located at 2200 West Balboa Boulevard between 20th and 21st Streets adjacent to McFadden Square. [Report from Public Works Department] Volume 48 - Page 199 MINUTES COUNCIL MEMBERS V0V\400S\A001-*P ROLL • • CITY OF NEWPORT BEACH MINUTES June 27, 1994 INDEX 35. HARBOR PE11MMIT APPLICATION NO. 172 -409 - Harbor Per Approve, subject to conditions in the Apl 172 -40 staff report, request by the Lido Island (51) Community Association to build a new appointment of Fire Chief Tim Riley to ramp and float bayward of 409 Via Lido Soud. [Report from Marine Department] (41) 36. SPECIAL EVENTS APPLICATION - Approve, Special subject to conditions in the staff Events report, Application 94 -186 for the Apl 94 -18E Terraces of Corona del Mar, for use of (27) outdoor amplified sound from 5:30 to 9:00 p.m., in a residential area during two private social parties; scheduled PARK IMPROVEMENT DONATIONS - Approve for Monday, July 4, 1994 and Wednesday, August 24, 1994 at the Terraces Policy G -' Clubhouse at 820 Poppy Avenue. [Report 5. [Memorandum from Community Services from the Revenue Manager, Finance Department] 37. ORANGE COUNTY /CITY HAZARDOUS MATERIALS 0/C CNB Club Regs EMERGENCY RESPONSE AUTHORITY - Confirm Haz Mtrls/ DISTRICT REGULATIONS AND appointment of Fire Chief Tim Riley to Fire Dpt represent the City of Newport Beach on (41) DISTRICTING MAPS N0. 6 AND 23 SO the Board of Directors Joint Powers AS TO RECLASSIFY SAID PROPERTY Authority; and Deputy Chief Tom Arnold PLANNED COMMUNITY (P -C) DISTRICT as the Alternate member. [Memorandum REMOVING THE SPECIFIC PLAN from Fire Chief] 38. PARK IMPROVEMENT DONATIONS - Approve Council recommended changes to COUNCIL POLICY G- Policy G -' 5. [Memorandum from Community Services (69) Department) 39. PARR FEE POLICY I -1 - Approve proposed Council COUNCIL POLICY. [Memorandum from Policy I -. Community Services Department] (69) 40. COUNCIL POLICY A -6 - Confirm amendments Council made to subject policy regarding OPEN policy A -( MEETING POLICIES, approved on (69) June 13, 1994. [Memorandum from City Attorney] 41. LIABILITY INSURANCE POLICY - Approve Liability purchase of Liability Insurance Policy Ins from Insurance Company of the West. (47) [Report from Personnel Director] 42. BUDGET AMENDMENTS (40) BA -059 - Removed from the Consent Calendar. ITEMS REMOVED FROM THE CONSENT CALENDAR Aeenda Item No. 10. Proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL Balboa Ba OF THE CITY OF NEWPORT BEACH Club Regs ADOPTING PLANNED COMMUNITY Zoning DISTRICT REGULATIONS AND (94) DEVELOPMENT PLAN FOR THE BALBOA BAY CLUB AND AMENDING PORTIONS OF DISTRICTING MAPS N0. 6 AND 23 SO AS TO RECLASSIFY SAID PROPERTY FROM THE R -4 DISTRICT TO THE PLANNED COMMUNITY (P -C) DISTRICT REMOVING THE SPECIFIC PLAN DESIGNATION FROM THE PROPERTY (PLANNING COMMISSION AMENDMENT NO. 787); and Volume 48 - Page 200 COUNCIL MEMBERS CR �'g�s9��r :7 Motion All Ayes • Motion All Ayes • X X CITY OF NEWPORT BEACH June 27, 1994 TRAFFIC STUDY NO. 100 - Request to approve a traffic study for the proposed expansion of the BALBOA BAY CLUB; and USE PERMIT NO. 3524 - Request to permit the construction of buildings that exceed the basic 26 foot height limit on property located in the proposed 26/35 Foot Height Limitation District. [Report from Planning Department] Council Member Hart announced for the benefit of those watching this item on television that this public hearing will be held July 25, 1994, and that the City has hired an appraiser service as well as a financial consultant so that the Council can fully analyze the Balboa Bay Club's proposal. She, therefore, moved to approve the recommended action, to introduce proposed ORDINANCE NO. 94 -36, and schedule a public hearing on July 25, 1994. 13. Report from Planning Department recommending adoption of Resolution No. 94 -51 establishing the fee schedule for ZONING AND SUBDIVISION FEES. Council Member Debay expressed her desire to. pursue the idea of hiring a full -time Municipal Compliance Officer, but noted there are no funds in the 1994 -95 budget for this position. The City Manager advised that the staff is in the process of developing a property maintenance ordinance for consideration by the Council on July 25, at which time the duties and responsibilities of a Municipal Compliance Officer could be discussed, as well as the expansion of the program and further expansion of fees to fund it. Council Member Sansone stated he is hopeful that if a Municipal Compliance Officer is hired, that person will be utilized City -wide and not Just in one particular area of the City. In view of the foregoing, motion was made by Council Member Cox to approve the recommended fees in Attachment 7, and adopt Resolution No. 94 -51. MINUTES 100 Study 3524 94 -36 Subdvsn es 94 -51 40) 21. Resolution calling and giving NOTICE OF Elec A GHAT- MUNICIPAL ELECTION to be held (39) on Tuesday, NOVEMBER 8, 1994, for the Election of Members of the City Council and submission to the Voters of a Proposed Amendment to the City Charter; and 22. Resolution requesting the BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE, PURSUANT TO THE PROVISIONS OF SECTION 23302 OF THE ELECTIONS CODE, A GENERAL MUNICIPAL ELECTION AND SPECIAL ELECTION to be held on NOVEMBER 8, 1994 with the Statewide General Election to be held on the same date; and Volume 48 - Page 201 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL June 27, 1994 MINUTES am 23. Resolution relative to the FILING OF Election/ ARGUMENTS AND REBUTTALS FOR THE MEASURE Measure to be Submitted to the Voters at the (39) GENERAL MUNICIPAL ELECTION AND SPECIAL ELECTION TO BE HELD ON NOVEMBER S. 1994. Motion x Mayor Turner stated that inasmuch as the City is placing a measure on the • November 1994 ballot increasing the membership of the Library Board from 5 to 7, he felt it would be an appropriate time to update the duties and responsibilities of the Board as set forth in the City Charter, and therefore, moved to direct staff to analyze Section 708 of the Charter and bring back a recommendation on July 11. He indicated he felt the current language needed to be changed to "make this division of the City more or less comply with the way in which other divisions of the City operate." All Ayes In view of the foregoing, action on the proposed resolutions was deferred to July 11. Council Member Sansone spoke against increasing the membership of the Library Board as he felt that it would only add to dissention on the Board. He suggested that interested individuals who are not appointed to the Board get involved with the Friends of the Library or the Library Foundation. 24. Report from Public Works Department 1993 -94 S . recommending Award of CONTRACT N0. 3000 Misc Slur to Boral Resources, Inc., for total bid Seal /Rsrf price of $299,494.80; and approving C -3000 Budget Amendment 059 to transfer $72,000 from the City Hall Maintenance Program (38) for 1993 -94 STREETS AND MISCELLANEOUS SLURRY SEAL AND RESURFACING PROGRAM; and 42. Budget Amendment 059 for $72,000 - BA 059 Transfer from the City Hall Maintenance (40) Program (Contract No. 3000). Council Member Hart indicated she was not opposed to the recommended award of contract; however, she was against using City Hall maintenance funds to pay for the work inasmuch as the majority of the Council voted earlier this year to deny the replacement of windows in City Hall. She stated it was her understanding that when the window project was denied, it was because the City did not have the funding; and therefore, she will be voting against the recommended action. Mayor Turner also spoke in support of City Hall maintenance citing the need for air conditioning to be placed in the • 1995 -96 budget. Volume 48 - Page 202 CITY OF NEWPORT BEACH COUNCIL MEMBERS F L ROLL CRLL • Motion Motion Ayes Noes is x xl xl xl xl xl x June 27, 1994 The City Manager advised that the City Hall was originally slated for a variety of improvements, but were not approved by the City Council during budget study. Regarding this particular street project, he stated that the bids were 15.2% above the Engineer's estimate, and for that reason the staff has recommended the transfer of maintenance funds in order to complete this street project. Following discussion, motion was made by Council Member Hart to award the subject contract, but to not fund it out of the City Hall maintenance account. The Public. Works Director reported that in order to award this contract it must be funded, and if it is decided by the Council to change the source of funding or significantly modify the scope of work, he -would suggest deferring this item to July 11. In view of the foregoing comments, substitute motion was made by Council Member Cox to approve the recommended action. Council Member Sansone indicated he was opposed to the motion inasmuch as he felt that .Item Nos. 1, 2, 3, 5, 6, and 10 in the staff report, which are recommended streets /City facilities to be resurfaced, are very low budget priorities when compared to the number of alleys, curbs, gutters and sidewalks that need upgraded. 27. B. Fashion Island: Request to consider an amendment to the General Plan Land Use Element to increase the development allocation for Fashion Island by 266,000 sq. ft. to a total 1,615,800 sq. ft. Council Member Watt stated this item came about as a result of looking for new methods in which the City could enhance its economic base through retail sales, and the obvious way to do that is to expand Fashion Island. However, she indicated she had a few concerns regarding this idea, and stated that: 1) another high priority goal of the Council this year was to put more effort into the City's specific small business districts and to find a customer base to support those districts, and if this passes, she would like to request that some type of economic analysis be developed which would indicate if the customer base that would be expanded at Fashion Island would negatively affect some of the small business areas; and 2) if the City is going to expand on square footage of retail /commercial base, then where will that be, and is it a logical plan to continue to expand Fashion Island. Volume 48 - Page 203 MINUTES (45) 94 -2 COUNCIL MEMBERS CFLL Motion All Ayes • MoTlon All Ayes • CITY OF NEWPORT BEACH x Jame 27, 1994 Mayor Turner indicated he felt that all of the concerns expressed by Council Member Watt will be addressed in the initiation process of this General Plan amendment, and therefore, moved the recommended action. 27. C. Cloobeck Property between Newport Boulevard and Balboa Boulevard at 28th Street: Request to amend the General Plan Land Use Element to allow for the creation of a specialty retail and parking overlay district, which would allow the City to consider approval of commercial projects which exceed the floor area and /or building bulk limits specified in the Element. Council Member Hart stated she would like more information on this development proposal prior to giving approval to initiate this General Plan amendment, and suggested this item be deferred until the next General Plan amendment initiation period. During discussion it was noted that Council Members Debay and Hedges, as well as the City Manager, had reviewed preliminary schematic plans for the subject property, during which time Council Member Hart was recovering from surgery, and by initiating this amendment, it would give the City Council an opportunity to review the proposal in more thorough detail. In view of the foregoing, motion was made by Council Member Debay to approve the recommended action. PUBLIC HEARINGS 43. Mayor Turner opened the continued public hearing regarding the 1994 -95 FISCAL YEAR PROPOSED BUDGET, CHECKLIST ITEMS. AND ADOPTION OF BUDGET RESOLUTION. Report from Finance Director. The City Manager summarised the key issues enumerated in his initial report and his supplemental report concerning State Budget, Revenues, Marinapark, Tax Revenue Anticipation Notes, Checklist Items, Capital Improvement Program, and the proposed reduction of six sworn police officer positions (five police officers and one sergeant). He also reviewed all the items contained on the Checklist. Helen M. Kieron, 3201 Fourth Avenue, addressed the Council regarding budgetary concerns relative to the amount of funds spent to pursue E1 Toro Marine Base as a regional airport; the amount of money spent on lawsuits; abuse of the City's Tuition Reimbursement program; "spiking" by City employees for retirement purposes; employee salaries; cash payments to day laborers, etc. Volume 48 - Page 204 MINUTES INDEX 1994 -95 F` Budget (40) COUNCIL MEMBERS Vt,41V_41V_\A00/\_& • Motion All Ayes Motion All Ayes Motion Ayes Noes Motion Aoyes M n All Ayes CITY OF NEWPORT BEACH June 27, 1994 The City Manager responded to some of the above remarks, but suggested Ms. Kisron meet with him so that they can discuss her concerns in more detail. Wayne Zippi, 420 E. Bay Avenue, addressed the Council regarding his views on the City's budget, and the comparison of Newport Beach to other Orange County cities regarding population, citizens per employee, employees' salaries, and the number of management personnel. The Mayor informed Mr. Zippi that he had received his letter and that a response was in the mail. The City Manager advised that he had met with Mrs. Marianne Zippi regarding the Zippis' concerns, and pointed out the differences in the services that Newport Beach provides compared to adjoining cities. He also stated that the budget information the Zippis have requested should be available in approximately 30 days. Peter Tarr, 5023 Lido Sands, addressed the Council and commended them for the time and effort that has been put forth during the budgetary process. He stated he was aware of the difficult economic decisions the Council had to make to continue to provide the current level of service, and felt that, on- balance, they have done a good job which represents a lot of hard work. At this time the City Council straw - voted the Checklist items as follows: Marine Department x Approved (2) Lifeguard Jeeps - $33,200. Council Member Debay suggested the purchase of these vehicles be deferred until 1 -1 -95, unless there is a cost - savings in purchasing all of the vehicles at one time. Police Department Approved (4) 4x4 Station Wagons $90,000. x Deferred to 1995 -96 Budget, Parking x Control Vehicle - $10,500. Approved purchase of (1) Animal Control Vehicle now - $ 21,500; and (1) in 1995- 96 Budget. Approved Prisoner Transport Van - $25,000. Volume 48 - Page 205 MINUTES INDEX x x x x x x x x CITY OF NEWPORT BEACH June 27, 1994 The City Manager responded to some of the above remarks, but suggested Ms. Kisron meet with him so that they can discuss her concerns in more detail. Wayne Zippi, 420 E. Bay Avenue, addressed the Council regarding his views on the City's budget, and the comparison of Newport Beach to other Orange County cities regarding population, citizens per employee, employees' salaries, and the number of management personnel. The Mayor informed Mr. Zippi that he had received his letter and that a response was in the mail. The City Manager advised that he had met with Mrs. Marianne Zippi regarding the Zippis' concerns, and pointed out the differences in the services that Newport Beach provides compared to adjoining cities. He also stated that the budget information the Zippis have requested should be available in approximately 30 days. Peter Tarr, 5023 Lido Sands, addressed the Council and commended them for the time and effort that has been put forth during the budgetary process. He stated he was aware of the difficult economic decisions the Council had to make to continue to provide the current level of service, and felt that, on- balance, they have done a good job which represents a lot of hard work. At this time the City Council straw - voted the Checklist items as follows: Marine Department x Approved (2) Lifeguard Jeeps - $33,200. Council Member Debay suggested the purchase of these vehicles be deferred until 1 -1 -95, unless there is a cost - savings in purchasing all of the vehicles at one time. Police Department Approved (4) 4x4 Station Wagons $90,000. x Deferred to 1995 -96 Budget, Parking x Control Vehicle - $10,500. Approved purchase of (1) Animal Control Vehicle now - $ 21,500; and (1) in 1995- 96 Budget. Approved Prisoner Transport Van - $25,000. Volume 48 - Page 205 MINUTES INDEX CITY OF NEWPORT BEACH COUNCIL MEMBERS CALL June 27, 1994 Motion All Ayes Motion Ayes Motion All Ayes Motion All Ayes Motion Ayes n All Ayes Motion All Ayes Motion Ayes x x Abstain Motion All Ayes Motion All Ayes M A es Motion All Ayes ix MINUTES INDEX General Services Department x Approved Beach Cleaner - $18,000. x Approved Utilities /Parks - $16,000. Council Member Sansone stated that what is not shown in the staff report and what is causing a rate increase in water, is the amount of money spent on providing water to the parks and then charging it against the Enterprise Fund. He felt that water used in the parks should be charged to that division and not the water fund, and he is hoping that next fiscal year, the cost for utilities will include one -half million dollars of water used in the parks, and that staff` will have figured some way in which to balance this out. The City Manager responded that he felt Council Member Sansone's suggestion could be phased in over time. x Approved Litter Free Zones - $20,000. x Approved Beach Restroom Cleaning - $5,000. Capital Projects x Deferred to after July 4th, Newport Pier Parking Lot - $120,000. x Approved Fire Department Miscellaneous Expenditure (BET) - $100,000 x Not approved - 18th /19th Street Rehabilitation - $90,000. (Staff to look into Bumper Stops) Miscellaneous X Referred Marine Department Mooring Fees X x x to Budget Committee. x x Not approved - Landfill Tipping Fee increase. City Council x Approved Human Services Assistance - $25,000. Personnel Personnel Department Approved Ride Share Program (TMA) - $40,000. Fire Department x Approved Red Cross Trailer - $8,800. Volume 48 - Page 206 INDEX COUNCIL MEMBERS ROLL CRLL Motion n Noes Ayes Noes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes • • x x x x x x x x x X CITY OF NEWPORT BEACH June 27, 1994 Culture and Arts Grant for Cultural Events - $25,000. Notion was made by Mayor Turner to Increase the Grant to $40,000. Substitute motion was made by Council x Member Sansone to leave the amount at X x $25,000, which motion FAILED. x x x Approved $40,000 Grant for Cultural Events. Water Fund Approved: Office Equipment - $19,000 Shop Equipment - 4,100 Equipment NOC - 8,600 Office Furn/Fix - 3,300 Equipment Replacement x Approved Community Services Van - $28,000. x Approved Fire Dept. Station Wagon (4x4) - $24,700. x Approved Marine Dept. 1 /4T. Truck (4x4) - $17,000. Motion was made by Mayor to close the public hearing and to adopt Resolution No. 94 -61, approving the Budget for Fiscal Year 1994 -95, with. the proviso that General Fund Capital and Rolling Stock expenditures be frozen unless: (a) the expenditure is considered essential for public safety; (b) there is a contract or project which is already substantially underway; or (c) the project relies substantially on grant funding and the City's share is required or grant funding will be lost; and to not take any action relative to the elimination of the six positions in the Police Department (five police officers and one sergeant), until a determination has been made as to how the State's budget will impact this City. 44. Mayor Turner opened the continued public hearing regarding City Council review of Application of BACCHUS FOR USE PERMIT N0. 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. Recycled report from Planning Department, dated June 13, 1994. Volume 48 - Page 207 MINUTES INDEX 94 -61 U/P 19560 Bacchus (88) COUNCIL MEMBERS CR��s9y�I CITY OF NEWPORT BEACH June 27, 1994 Volume 48 - Page 208 MINUTES Bacchus Supplemental report presented from City Attorney. The City Attorney reported that staff has had a number of meetings with the new management of Bacchus, and as a result, developed some modified • conditions that would allow them to successfully operate the business without any of the problems that require police intervention as in the past. The proposed findings and conditions are included with his memo and designated as Exhibits A and B. The most significant aspects of the proposed findings and conditions can be summarized as follows: 1. Bacchus acknowledges that there was sufficient evidence to justify revocation of the Use Permit, but the revocation would be stayed for a period of six months pending a further hearing to determine if the modified conditions and new management eliminate police problems; 2. City Council has the right, during this six month period to revoke the Use Permit if problems continue; • 3. The Permittee is required to operate a restaurant with live entertainment ancillary to fine dining rather than vice versa; 4. Dancing by members of the general public to live or recorded music is limited to the first floor - dancing is permitted on the second floor only in conjunction with private parties; 5. The Permittee is authorized to offer various types of live entertainment - such as live comedy, mystery theater, and magic - throughout the premises since this type of entertainment has not generated police problems in the past; 6. New management has agreed to numerous conditions designed to ensure adequate security personnel inside and outside of the premises; Volume 48 - Page 208 MINUTES Bacchus COUNCIL MEMBERS *00�G *\�01f \\ ROLL • Motion All Ayes • CITY OF NEWPORT BEACH June 27, 1994 7. Valet parking after midnight will occur within the parking structure thereby eliminating the potential for Bacchus patrons to "interact" with Warehouse customers; 8. The Permittee is prohibited from using outside promoters - individuals who generate large crowds because they are paid a percentage of the sales or admission fees; and Permittee is required to have responsible management on premises at all times. Hugh Coffin, Attorney representing new owner of Bacchus, 2122 H. Broadway, Santa Ana, addressed the Council and stated that he and the applicant have reviewed the conditions of approval and the findings, and are in agreement. Gordon MacDonald, principal share holder of Bacchus, Rancho Santa Fe, addressed the Council and expressed appreciation to all the staff who assisted them on this project, and stated they are in concurrence with the conditions, and are prepared to make the operation work. Michael Garvey, 3326 Via Lido, addressed the Council and stated he resides approximately two blocks from the Bacchus restaurant; he has read the staff report and the memorandum from the City Attorney, and suggested that as a condition of approval, the applicant be required to provide one or two uniformed security guards, equipped with cellular telephones, and instructed to contact the police department should they witness any type of illegal activities. In reply to the above, the City Attorney stated that he had no problem in modifying the conditions so that there is a requirement that Bacchus security personnel be required to notify the police department if they observe illegal conduct. Hearing no one else wishing to address the Council, the public hearing was closed. Motion was made by Mayor Turner to adopt the new Conditions of Approval and Findings designated as Exhibit "A" and "B" of the City Attorney's memorandum, with the provision that said Conditions be amended with respect to uniformed security guards as specified in the foregoing by the City Attorney. Volume 48 - Page 209 MINUTES CITY OF NEWPORT BEACH COUNCIL MEMBERS s ROLL CRLL June 27, 1994 MINUTES INDEX 45. Mayor Turner opened the public hearing U/P 3527 on APPEAL from decision of Planning Backpacker Commission regarding USE PERMIT N0. 3527 Inn /Youth - Request to establish an International Hostel Backpackers Inn on property located in the Specialty Retail area of the Cannery (88) Village/McFadden Square Specific Plan at 430 32nd Street, between Newport Boulevard and Villa Way. Report from Planning Department. Appeal application from Philip Boston of Backpackers Inn. The City Clerk advised that after the printing of the agenda, 13 letters and a number of petitions were received in opoosition to the proposal. The Planning Director summarized the staff report noting that the proposal involves short term dormitory style accommodations for traveling backpackers at the subject location. In accordance with Section 20.63.030 of the Municipal Code, this area allows such uses as hotels, motels, and "bed and breakfasts," subject to the approval of a use permit in each case. The Planning Commission on May 19, 1994 voted (5 to 2) to recommend denial of this application primarily because of location, restricted access to the facility, and lack of off - street parking spaces as set forth in the staff report. If it is the desire of the City Council • to approve this use permit, additional findings and conditions of approval are suggested as enumerated in the report. Bob Dakota, 118 40th Street, representing the youth hostel project, addressed the Council in support of their request, and noted the following: 1) they chose the subject location because of the current zoning of the area which permits their type of use; 2) pursuant to the Unruh Act, they require a passport or an international student ID, and do not discriminate against Americans; and 3) they have secured an off -site parking agreement to provide the required parking at 424 -422 32nd Street, and submitted a letter of intent from the property owner. He requested that the City Council approve their request based on fact that they have conformed to the McFadden /Cannery Village Specific Area Plan, and have complied with the Planning Commission's concern to provide adequate parking. In response to Council inquiry, Mr. Dakota stated that youth hostels are not restricted to a specific age group, but generally those who patronize this type of facility are in the 20/35 age group; if required by the City, they could compromise and reduce the number of beds from 50 to 40; they are not going to restrict access to the youth hostel to Volume 48 - Page 210 COUNCIL MEMBERS vcz` t CRLL s • • • CITY OF NEWPORT BEACH June 27, 1994 just foreign passports as thought by some people; they currently have five restrooms, but are willing to expand that number if required.-and they have six individual showers. Roy Jackson, 510 31st Street, addressed the Council and stated he was spokesperson for a group of 65 property owners on 31st and 32nd Streets in opposition to the proposed youth hostel, and referenced the 14 -page petition submitted earlier today. He displayed maps depicting the proximity of the proposed youth hostel to business owners and residential occupants, existing service facilities and bars. He stated they question the practicality of converting the subject office building into a viable facility; felt that their neighborhood is already a high- density, saturated area; if the youth hostel is approved it would only add "vigorous activity," and more traffic and noise. Be stated they felt a more appropriate location should be sought, and urged denial of the appeal. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated he did not consider 50 patrons high - density, and questioned whether all 50 beds would be filled at the same time. He pointed out that residents who live in the Cannery Village area are aware it is mixed use, and that too many proposals are turned down by the City because of neighborhood opposition. He suggested the City Council give the youth hostel a chance to prove its operation, review the use permit in six months, and if any of the conditions of approval have been violated, then begin revocation proceedings. Douglas Boyd, 2101 E. Balboa Boulevard, Associate Real Estate Broker with Joan Corroll at Balboa - Newport Realty, addressed the Council and stated their office is immediately adjacent to the west of the proposed youth hostel, and one of their concerns is the availability of parking not only for their agents, but clients as well, especially on busy summer weekends. Therefore, he suggested the City scrutinize the off - street pparking agreement mentioned earlier by Mr. Dakota. He also stated that the property owner who will be entering into that parking agreement has not demonstrated in the recent past an acceptable level of maintenance of that property, which they feel is a critical issue. Volume 48 - Page 211 MINUTES Inn COUNCIL MEMBERS CRLL s • • CITY OF NEWPORT BEACH June 27, 1994 The following persons addressed the Council in opposition to the proposed youth hostel: Bud Reveley, 214 36th Street Dark Hilton, 425 31st Street Guy Miner, 365 Via Lido Soud Charles Russell, owner of Barber Shop on 32nd Street Pat. Hilton, 425 31st Street It was indicated by the above speakers that the proposed youth hostel is not an appropriate use for the area; it would have a significant impact on parking in the area, as well as noise and litter; the request should be denied based on the fact that it would be detrimental to the health, safety and peace of the community; there will not be sufficient restroom and shower facilities in ratio to the number of beds, and that this matter be studied further prior to any Council action. Mitsto Kimura, 104 -105 Santa Marga Street, Cypress, representing the property owner of where the proposed youth hostel would be located, spoke in support of the project. He stated he has been managing the property for almost 2 years, and that the building has been vacant most of that time; they are willing to work with the applicants to renovate the structure which should improve the area, and generate revenue for the City. The following persons addressed the Council in support of the youth hostel: John Newcomb, 1821 W. Bay, owner of property, 32nd St./Villa Way Scott Sanden (no address given) Karen Pieumest, Backpacker from Europe Jonella Tesons, owner of Second Time Around on 32nd Street Mary Ann Jacobson, Backpacker from Europe It was indicated by the above speakers that the proposed youth hostel would be good for Cannery Village as well as for the City; it would expose travellers to Newport Beach and bring "life" to the community as well as revenue. Andrew Grace, Applicant, 118 40th Street, addressed the Council in support of their request. He stated he has not seen the petition in opposition, however, their petition in support exceeds 80 signatures from business owners primarily in Cannery Village; the hostel will be good for the economy; they have resolved the parking issue by finding off - street parking, however, they do not think they will need that much parking, as many of their patrons will be shuttled to their facility; they will be providing sufficient restrooms and showers on each level, including a handicapped restroom, and no alcoholic beverages will be allowed. Volume 48 - Page 212 MINUTES Cnn INDEX COUNCIL MEMBERS \��� \\AV �� II ROLL • Motion • • CITY OF NEWPORT BEACH June 27, 1994 Hearing no others wishing to address the Council, the public hearing was closed. Council Member Watt stated there have been a number of improvements in Cannery Village recently which is a mixed use area. However, she felt the proposed youth hostel would be "too much" for the subject area, due to the large number of conditions that will have to be imposed, and therefore, she stated she will be voting against the project. Council Member Cox stated there will never be the perfect location for a youth hostel; however, the applicants are attempting to do something very "positive" in and for the City. He does not agree with the negative views as seen by some of the residents, and inasmuch as it will help not only the youth but the economy, he will support the project. Mayor Turner also spoke in support of the youth hostel stating he felt the City should give it a try, and therefore, moved to reverse the decision of the Planning Commission and grant Use Permit Mo. 3527, based on the Findings and Conditions on Page 21 and 22 of the staff report, with the provision that Condition Mo. 5 be amended to reduce the number of beds from 50 to 40; that the applicant comply with all the provisions of the Unruh Act; that a new Condition be required for a six month review of the operation by the City to make sure all Conditions of Approval have been met; and that the additional Findings and Conditions of Approval on Page 3 and 4 of the staff report regarding parking be approved. Council Member Hart stated she also will be supporting the youth hostel as she felt it could work very well in Cannery Village and inasmuch as the City will be revisiting it in six months. Council Member Debay noted for the benefit of those in attendance that no amplified sound will be allowed in the hostel; that lights go out at 10:30 p.m. in the sleeping areas, and that the lounge where the television will be located has no windows. She advised that she spent a great deal of time with Mr. Dakota., walked the property and discussed possible drawbacks, and found Mr. Dakota to be the type of person who would live up to what is being promised to the City by the applicants, and therefore, she will vote in support of the hostel. The City Attorney recommended the motion be amended to include a condition whereby the operation of the hostel would be conducted in strict compliance with the proposed rules and regulations set forth on Pages 81 through 84 and Page 86 of the staff report. And Volume 48 - Page 213 MINUTES INDEX COUNCIL MEMBERS C 9y�� J CITY OF NEWPORT BEACH xlxlxlxlxlx • Motion x All Ayes • Motion All Ayes x June 27, 1994 further, he recommended an additional condition requiring applicants to comply with all ordinances and resolutions of the City, and any violations of those documents would be grounds for revocation. Mayor Turner indicated he had no objections to including the above in his motion, and there being no further discussion, the motion, as amended, was voted on and carried. 46. Mayor Turner opened the public hearing regarding 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 PARSING REQUIREMENTS IF CERTAIN CRITERIA ARE MET. Recycled report dated June 8, 1994 from City Attorney. The City Attorney indicated his staff report was self- explanatory and he had nothing new to add. Hearing no one wishing to address the Council, the public hearing was closed. Notion was made by Council Member Sansone to adopt Ordinance No. 94 -28. 47. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -29, being, AN ORDINANCE 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 MAPS; ELIMINATE THE MANDATORY CITY COUNCIL REVIEW OF TENTATIVE TRACT MAPS; AND TO ALLOW THE MODIFICATIONS COMMITTEE TO REVIEW AND APPROVE TENTATIVE PARCEL NAPS (PLANNING COMMISSION ANENDMENT NO. 794). Report from Planning Department. The Planning Director noted that the proposed Ordinance is being recommended for adoption by the Planning Commission and Economic Development Committee. Hearing no one wishing to address the Council, the public hearing was closed. Notion was made by Council Member Cox to adopt Ordinance No. 94 -29. Volume 48 - Page 214 MINUTES Inn Ord 94 -28 Mariners M Zoning (94) Ord 94 -29 Zoning (94) IPCA 794 COUNCIL MEMBERS s 'P ROLL CRLL lotion 111 Ayes • • X CITY OF NEWPORT BEACH June 27, 1994 48. Mayor Turner opened the public hearing regarding 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 AFF DISTRICT (PLANING COMMISSION AMENDMENT NO. 803). Report from the Planning Department. The Planning Director advised that the proposed amendment involves reclassifying two properties on Medical Lane from the R- 3(2178) District to the APF District which was unanimously approved by the Planning Commission on May 19, 1994. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made by Mayor Turner to adopt Ordinance No. 94 -30. 49. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -31, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING VARIOUS CHAPTERS OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE: SETTING THE BASIC WATER QUANTITY RATE AT $1.82 PER HUNDRED CUBIC FEET AND MODIFYING THE WATER RATES FOR 3/4 -INCH, 1 -INCH AND 2- INCH WATER SERVICES. Report from Utilities Department. The City Clerk advised that after the agenda was printed, a letter was received from Ed Van del Bossche, 121 40th Street, in opposition to the proposed rate increase. It was noted in the staff report that the cost of providing water will increase due to the following factors: 1. A 7% increase in the price paid for water. On July 1, 1994, MWD will increase the price from $385 per acre -foot to $412 per acre foot. This will increase 1994 -95 costs in excess of $460,000. 2. A significant increase in the cost of disinfection chemicals related to the imposition of new stringent transportation and safety standards. Volume 48 - Page 215 MINUTES Ord 94 -30 Zoning (94). PCA 803 Ord 94 -31 Water Rate (89) CITY OF NEWPORT BEACH COUNCIL MEMBERS s ROLL CRLL June 27, 1994 • Motion Ayes Noes • • x X 3. A projected increase in the cost of energy to pump water and a need to operate the City's water PUMP stations more extensively this fiscal year, because of operational changes related to construction of the San Joaquin Reservoir cover. 4. State and Federally mandated water quality monitoring and operational standards require greatly increased sampling, testing, monitoring, reporting and laboratory expenditures. Council Member Hart stated there was a 20% water rate increase last year and a 7% increase this year due to MWD's rate increases, and she felt the City should notify MWD conveying the fact this City is hopeful that they could be more conservative in their increases in the future. Hearing no one wishing to address the Council, the public hearing was closed. Following discussion, motion was made by Mayor Turner to adopt Ordinance No. 94 -31. 50. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -32, 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 SEWER CONSUMPTION CHARGE TO $0.10 FOR EACH EMBED 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 SEWER SYSTEM. Report from Utilities Department. It was noted in the staff report that an increase in sewer revenues is necessary because several factors have changed since the last time sewer fees were established. Significant factors include: 1. Lower interest earned on accumulated reserves because of the economic climate. 2. Reduced water sales (reduced sewer discharges) because of the effectiveness of the public's water conservation practices. 3. A 24 percent increase in the General Fund costs charged against the Wastewater Enterprise Fund. 4. A 300 percent increase in the automotive equipment and vehicle costs since the inception of the Internal Vehicle Service Fund. Volume 48 - Page 216 MINUTES INDEX Ord 94 -32 Sewer Rate (89) COUNCIL MEMBERS I'M C 9 31 ( \60 i k I • Motion Ayes Noes • Motion All Ayes CITY OF NEWPORT BEACH XIXIXIXIXIX 10 MINUTES June 27, 1994 5. Increased electricity costs related to Southern California Edison electricity charges for pumping. Council Member Sansone stated this raises the concerns he and Council Member Hedges have regarding proper charges against the water and sewer funds, and therefore, he will vote against this rate increase until he sees "real proof and control over what is charged into the Sewer Fund." Hearing no one wishing to address the Council, the public hearing was closed. Motion was made by Council Member Cox to adopt Ordinance No. 94 -32. ORDINANCES FOR ADOPTION 51. Proposed ORDINANCE NO. 94 -27, being, 94 -27 AN ORDINANCE OF THE CITY COUNCIL Oriented OF THE CITY OF NEWPORT BEACH Businesses ADDING CHAPTER 5.96 TO TITLE 5 OF THE NEWPORT HUGH MUNICIPAL CODE (27) PERTAINING TO ADULT ORIENTED BUSINESSES. Report from Assistant City Attorney. It was noted in the staff report that much of the City's adult entertainment business regulations are contained in Chapter 20.74 of the Code. This new adult oriented business ordinance moves all the non - zoning regulations from the zoning ordinance to the more appropriate business license section of the code. It also establishes a more clearly defined procedure for obtaining a permit to operate an adult oriented business in the City. Hearing no comments from the Council, motion was made by Mayor Turner to adopt Ordinance No. 94 -27. 52. BOARD AND COMMISSION APPOINTMENTS Mayor Turner stated that Council Member Hedges asked him to convey to the Council his desire to participate in these appointments, and continue this item to July 11. Council Member Sansone stated he had no objection to continuing this matter; however, after discussion, the majority of the Council indicated they wished to proceed as calendared. Council Member Debay stated that when there are two seats open on a Board or Commission„ the manner in which that appointment; is made has bothered her for sometime, and therefore, she would like to suggest that when the Parks, Beaches & Recreation Commission appointments are Volume 48 - Page 217 Board & Commissioi CITY OF NEWPORT BEACH COUNCIL MEMBERS Oftk CflLL June 27, 1994 • Motion All Ayes • Green x x White x x x Red Green Red GAD Red x i x X1 X1 X1 X1 X1 X XI XI XI xIx Ix considered (there are four candidates for two seats), she would like to take one candidate at a time, and each Council Member vote on that candidate. The two persons gettingg the most votes of the four would be the persons appointed rather than voting for one person vs. another as done in the past. Council Member Cox indicated he did not think the proposed voting method would make any difference on the outcome of the vote, and also felt that if such a change were implemented, it should begin the next time appointments are made and not at this meeting. Council Member Hart, not speaking to this particular issue but rather to term limits, commented that the City Charter states that a Board or Commissioner shall serve a term of four years. However, it has been the policy of the City Council over the years to reappoint incumbents for a second term, and inasmuch as there are always such outstanding individuals applying for the Boards and Commissions, she felt that more people ought to be given an opportunity to serve the City, and therefore, the policy should be changed to only appointing for one term. Following discussion, motion was made by Council Member Debay to vote on the nominees one at a time. CITY ARTS COMMISSION The green light was assigned to Alexandria Phillips; The white light was assigned to Riki Kuchek; The red light was assigned to Lyn Belasco. In view of the tie vote, action on this item was deferred to July 11, 1994. CIVIL SERVICE BOARD (Council Nominee) Robert Foster - was assigned the green light; Thomas Norris was assigned the red light. Robert Foster was appointed to the Civil Service Board for a four -year term, expiring on June 30, 1998. BOARD OF LIBRARY TRUSTEES (Effective August 1, 1994) George Jeffries was assigned the green light; Walter Koch was assigned the red light. In view of the tie vote, action on this item was deferred to July 11, 1994. Volume 48 - Page 218 MINUTES • Green Green Green Green Green Red • S COUNCIL MEMBERS X X X X X I x I x I x X X CITY OF NEWPORT BEACH Xi X June 27, 1994 PARRS. BEACHES & RECREATION COMMISSION Council Member Debay noted that under the new method of voting, the green light would be the "yes" vote for either of the four candidates, and the two persons getting the most votes would be appointed. The white light would be used for abstention. Cherie Hart received 4 votes; Frank Ryan received 1 vote; Bill Schonlau received 5 votes; Raymond Zartler received 2 votes. Cherie Hart was appointed to a four -year term expiring on June 30, 1998. Bill Schonlau was reappointed to another four -year term expiring on June 30, 1998. Garold Adams was assigned the green light; Michael Toerge was assigned the red light. In view of the foregoing, motion was made to defer action on this item to July 11, 1994. Meeting adjourned at 11:15 p.m. The agenda and supplemental agenda for this meeting was posted on June 23, 1994 at 8:15 a.m., and on June 24, 1994 at 3:00 p.m., an additional supplemental agenda was posted on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. I ATTEST: MINUTES Volume 48 - Page 219 fi XIXIxIxIXIX June 27, 1994 PARRS. BEACHES & RECREATION COMMISSION Council Member Debay noted that under the new method of voting, the green light would be the "yes" vote for either of the four candidates, and the two persons getting the most votes would be appointed. The white light would be used for abstention. Cherie Hart received 4 votes; Frank Ryan received 1 vote; Bill Schonlau received 5 votes; Raymond Zartler received 2 votes. Cherie Hart was appointed to a four -year term expiring on June 30, 1998. Bill Schonlau was reappointed to another four -year term expiring on June 30, 1998. Garold Adams was assigned the green light; Michael Toerge was assigned the red light. In view of the foregoing, motion was made to defer action on this item to July 11, 1994. Meeting adjourned at 11:15 p.m. The agenda and supplemental agenda for this meeting was posted on June 23, 1994 at 8:15 a.m., and on June 24, 1994 at 3:00 p.m., an additional supplemental agenda was posted on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. I ATTEST: MINUTES Volume 48 - Page 219 fi