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HomeMy WebLinkAbout07/11/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS y�, REGULAR COUNCIL MEETING G�, V ' �� PLACE: Council Chambers t"s TIME: 2:00 P.M. ROLL CRLL DATE: July 11, 1994 Present x x Absent x Motion x All Ayes MID n x All Ayes Motion All Ayes Motion All Ayes • x I x MINUTES x x x ROLL CALL x Reading of Minutes of Meeting of June 27, 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 WOULD LIRE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Council Member Hart requested a report from the Utilities Department regarding administrative charges from the General Fund to the Sewer Fund. The City Manager advised that the Finance Director is in the process of preparing such a report at the request of Council Member Sansone, and once that document has been reviewed by the Utilities Committee it will be forwarded to the City Council. Council Member Watt requested the City Attorney to prepare an analysis for July 25, 1994 regarding Section 422 of the City Charter entitled "Freeway and Expressway Agreements: Connection with Freeways: Vote of Electors Required for Approval." Council Member Hedges entered the meeting at 2:05 p.m. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Request of Council Member Hedges - Renaming a portion of Las Arenas Park to Veterans Memorial Park. Motion was made by Council Member Hedges to refer the renaming of a portion of Las Arenas Park to Veterans Memorial Park to the Parks, Beaches and Recreation Commission for recommendation and report back. Request of Council Member Hedges - Possible City Charter amendments to conform to current law. Motion was made by Council Member Hedges to direct the staff to update the existing City Charter to conform to current law, and if deemed necessary, determine what it would cost for services of outside legal counsel. COUNCIL COMMITTEE REPORTS: Council Member Cox entered the meeting at 2:20 p.m. 1. Joint Meeting with Parks, Beaches and Recreation Commission. (No Action Taken) volume 48 - Page 220 INDEX COUNCIL MEMBERS ROLL CALL s � � s- Motion All Ayes A n x All Ayes Motion x All Ayes 0 Motion All Ayes Motion All Ayes 0 Motion All Ayes x x CITY OF NEWPORT BEACH x July 11, 1994 2. Minutes of June 6, 1994 Meeting - Bicycle Trails Citizens Advisory Committee. Motion was made to receive and file. 3. Minutes of June 6, 1994 Meeting - Environmental Quality Affairs Committee. Motion was made to receive and file. 4. Minutes of Harbor Quality Meeting for June. Motion was made to receive and file. STAFF REPORTS: 5. July 4th Report. [Report from Assistant City Manager] City Manager Kevin Murphy summarized the subject report and referred to the attachment from the Marine Department regarding Fourth of July Special Parking Lot Revenue, and the report from the General Services Department regarding Barricading Costs for July 4th. It was noted that generally, the day was relatively quiet and uneventful despite a large crowd of over 100,000. Police Chief McDonell reported that on July 4th there were 25 fewer arrests than last year; there were no serious injuries, and no major incidents involving citizens. With respect to the fences installed, they are still assessing that operation and are not sure what their recommendation will be for next year. As to police staffing, the total cost was much less than last year due to 500 fewer hours of overtime in the two -week payroll period. Council Member Sansone emphasized the need for a police officer or someone in uniform at the entrance to Corona del Mar State beach rather than utilizing female employees from the Marine Department, to which Chief McDonell indicated he would hopefully resolve this problem by next July 4th. Following comments by various Council Members, and there being no objections, Mayor Turner ordered the above report received and filed. 6. Verbal report from the Planning Director regarding Actions taken by the Planning Commission on July 7, 1994. Motion was made by Council Member Watt to schedule public hearing on August 8, 1994 for Variance No. 1196 - 1508 Park Avenue, Little Balboa Island, and to receive and file remaining actions. 7. Balboa Bay Club Legislation. [Report from City Attorney) Following a summary of this report by the City Attorney, motion was made by Council Member Hart to approve staff's Volume 48 - Page 221 MINUTES (24) (24) (24) July 4th (70) (68) Balboa Ba Club C -519 (38) COUNCIL MEMBERS ROLL CRL�L�sN�T\ \ooh I • • CITY OF NEWPORT BEACH July 11, 1994 recommendation and endorse the concept of authorizing State Lands to defer resolution of the Terrace Apartment dispute in conjunction with the approval of the redevelopment project and a new lease, and further, to investigate the Beacon Bay Bill which may require some minor revisions. Also included in said motion, was direction to staff to explore with The Irvine Company, the feasibility of using the lower Castaways site as Tidelands. Oral report on NEWPORT COAST DRIVE by Terry Austin of Austin Foust. Terry Austin of Austin Foust Traffic Engineering Firm, gave a brief update on the study their firm is undertaking regarding Newport Coast Drive change- over to a toll road at the time the San Joaquin Hills Road opens. He stated they are currently using their traffic model data to try and predict what will happen when Newport Coast becomes a toll road and its impact on the residential areas; they also conducted a survey in June on Newport Coast Drive and PCH which has helped them understand the travel patterns of the users and whether or not they would continue to use Newport Coast Drive when the toll is implemented. Those questionnaires are still coming in and once they analyze the results,, a detailed traffic report will be completed and forwarded to the City. Mr. Austin also answered questions posed by various Council Members. Ocean Front Bicycle Trail from 36th Street to the Santa Ana River. [Report from Public Works Director] The City Clerk advised that after the printing of the agenda, a letter was received in opposition to the proposed bicycle trail extension from the Wedge Preservation Society. The Public Works Director reported that on May 9, 1994, in response to a letter from the Newporters for Safe Bike Trails, the City Council directed staff to prepare: a report on the available funding options for the possible extension of the Ocean Front bicycle trail from 36th Street to the Santa Ana River. He emphasized that the subject report does not revisit the pros and cons of a proposed bicycle trail extension, and only deals with funding options. He summarized the potential sources of funding as enumerated in his report; recommended the City Council consider a funding program application only at such time as community consensus and a clear policy direction regarding this issue is developed, and answered questions posed by various Council Members. Volume 48 - Page 222 MINUTES INDEX lboa Bay ub (74) Dr Fron COUNCIL MEMBERS CALL A 0 • • CITY OF NEWPORT BEACH July 11, 1994 The following persons addressed the Council in opposition to the requested Ocean Front bicycle trail extension: Walter S. Semeniuk, 6807 W. Seashore Drive (submitted letter) Bob Moody, 5507 Seashore Drive Douglas Boyd, 2101 E. Balboa Boulevard Jennifer Fishbein, 3701 Seashore Drive Bill Schonlau, 6104 W. Ocean Front Margaret Wynne, 3615 Seashore Drive Joseph Irani, 3701 Seashore Drive Marcia Y. Nordlund, 5710 Seashore Drive Kathleen Cooper, 4311 Seashore Drive Nancy Abrams, 4401 Seashore Drive Nary Fryer, 4105 Seashore Drive Rick Ruiz, 2345 Port Carlisle Bill Jacoby, 5703 Seashore Drive Michael Kranzley, 4812 River Avenue Cindy Gittleman, 4705 Seashore Drive It was indicated by the above speakers that if the bicycle trail extension were approved, it would not only increase City expenditures due to initial cost, but there-would be on -going maintenance costs involved; it would also increase City liability for potential lawsuits; as well as noise, litter and crime; and decrease the quality of life and property values. The following persons addressed the Council in support of the requested Ocean Front bicycle extension: Lila Morgan, 3004 W. Ocean Front Pamela Parks, 23 Goodwill Court Diana Long, 2516 Cliff Drive Bill Jennings, 280 Cagney Lane #108 Chris Hansen, 22 Encore Court Phyliss Lund, 127 43rd Street, PTA President, Newport Mesa Unified School District Joann Lombardo, 2916 Clay Street David Goff, 5212 River Avenue Don Krotee„ 2916 Clay Avenue It was indicated by the above speakers that if the proposed bicycle trail extension were approved, it would increase public safety inasmuch as Seashore Drive is heavily congested with automobiles as well as bicycles, etc.; it would give an incentive to users to walk and run further; and since Ocean Front is a public beach, it could be enjoyed by everyone as a recreational use as opposed to Seashore Drive. Max Morgan, 3004 W. Ocean Front, spoke neither for or against the extension, but rather the need to "enhance and upgrade" the West Newport area. He stated that: several years ago the City did a study on this same issue, and suggested that study be reviewed to determine if any knowledge can be obtained from it. He also suggested consideration be given to placing this matter on a future ballot, to which Laura Reid, 4828 River Avenue, addressed the Council and concurred. Volume 48 - Page 223 MINUTES INDEX Bicycle Trail COUNCIL MEMBERS 1.�Mz\ CRLL CITY OF NEWPORT BEACH X Noes on ix x x ix I IX I x All Ayes • Motion All Ayes • X 00111V July 11, 1994 Peter Tarr, 5023 Lido Sands Drive, addressed the Council and stated he felt the City cannot afford to rule in or out on a bike trail at this time, and suggested the Council defer action on this issue until a comprehensive plan is developed for all of West Newport. Following comments by Council Member Debay, she indicated she felt it was much too early to apply for funding for this project, and therefore, moved to receive and file the subject report, and that it be transmitted to the West Newport Seashore Drive Comprehensive Plan Committee for its input. Substitute motion was made by Council Member Hedges to direct the staff to prepare a preliminary engineering report (or bring the previous study up -to- date), and refer said report to the West Newport Seashore Drive Comprehensive Plan Committee for review and recommendation, which motion FAILED. The motion made by Council Member Debay was voted on and carried. Duane Munson, Personnel Director, introduced newly appointed Risk Manager Lauren Farley, who began work today and came from the City of Cypress. ADJOURNED TO CLOSED SESSION at 5:15 o.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED - None. RECESSED AT 6:00 p.m., and reconvened at 7:00 p.m. CONSENT CALENDAR: The following items were approved, except for those items removed: Pass to 2nd reading on July 25, 1994: 10. Proposed ORDINANCE NO. 94 -37, being, AN ORDINANCE OF THE CITY COUNCIL Side OF THE CITY OF NEWPORT BEACH (27) AMENDING THE PROVISIONS OF CHAPTER 10.08 PERTAINING TO THE COMMERCIAL USE OF STREETS AND SIDEWALKS. [Report from City Attorney] Schedule for public hearing on July 25, 1994: 11. Proposed ORDINANCE NO. 94 -38, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 20.74 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO AMEND SECTIONS 20.74.010 AND 20.74.020 AND DELETE SECTIONS 20.74.030, 20.74.040, AND 20.74.045 PERTAINING TO ADULT ENTERTAINMENT BUSINESSES (PLANNING COMMIISSION AMENDMENT NO. 806). (Report from Planning Department] Volume 48 - Page 224 94 -37 94 -38 Businesses PCA 806 (94) COUNCIL MEMBERS A f` � ROLL CRLL • • CITY OF NEWPORT BEACH MINUTES July 11, 1994 RESOLUTIONS FOR ADOPTION 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. 14. Removed from the Consent Calendar. 15. Resolution Mo. 94 -65 authorising the DESTRUCTION OF CERTAIN RECORDS IN THE CITY CLERK'S OFFICE. [Memorandum from City Clerk] CONTRACTS AND AGREEMENTS 16. Approve AMENDED CALTRANS AGREEMENT NO. W Coast 12 -001 A -3 FOR WEST COAST ]HIGHWAY, Highway NEWPORT BOULEVARD TO HIGHLAND STREET. C -2591 [Report from Public Works Department] (38) 17. Approve TENTATIVE AGREEMENT WITH THE NBEL NEWPORT BEACH EMPLOYEES LEAGUE (ABEL) C -2065 CONTRACT NO. 2065 for Fiscal Year 1994- 95. [Report from City's Negotiations (38) Team] 18. Removed from the Consent Calendar. 19. Removed from the Consent Calendar. 20. Removed from the Consent Calendar. 21. PERSONNEL VACANCIES - Report from (66) Personnel Director. 22. CLAIMS - For Denial by the City Manager: (36) Margaret M. Brooks for damages as a result of City Jeep backing into claimant's vehicle at Ocean Front pier on June 9, 1994. Sheldon L. Davis, Jr. for property damage as a result of water heater explosion flooding his condominium located at 500 Cagney Lane #112 on April 7, 1994. Southern California Gas Company alleging their gas located at 806 W. Bay Avenue was damaged by Valverde Construction who was under contract with'the City to do work in the area on April 25, 1994. Robert D. Keeler for property damage alleging City tree has damaged curb, gutter and driveway at 2921 4th Avenue, Corona del Mar. Irma Lykov for personal injuries as a result of being hit by a Police car on April 29, 1994, in the vicinity of "Renatos" Restaurant, where she works as a bartender and waitress. 23. HARBOR PERMIT APPLICATION NO. 227 -3333 - Harbor Pn Approve application of Haseko -Dunn to 227 -3333 revise the commercial Marina Bayward of (51) 3335 West Coast Highway, subject to conditions in the staff report. [Report from Marine Department] 24. RESUBDIVISION N0. 1001 - Approve a Resub 100 subdivision agreement guaranteeing (84) completion of the public improvements Volume 48 - Page 225 COUNCIL MEMBERS s `. ROLL CRLL • CITY OF NEWPORT BEACH July 11, 1994 required with Resubdivision No. 1001; (located at 501 and 503 Poppy Avenue, Corona del Mar) and accept offer of dedication of a -ten (10)- foot radius corner cutoff at the corner of Second Avenue and Poppy Avenue. [Report from Public Works Department] 25. Removed from the Consent Calendar. SPECIAL EVENTS APPLICATIONS - Approve the following applications, subject to conditions in the staff report(s) from the Revenue Manager, Finance Department: 26. Application No. 94 -206 - City of Newport Beach Community Services to hold a surfing contest on Saturday and Sunday, September 10 and 11, 1994 at 54th or 56th Street, depending on surf conditions. 27. Application No. 94 -220 - Danni Graham request to include use of outdoor amplified sound (from 6:00 - 10:00 p.m. with a DJ and Earaoki) in a residential area during a birthday party on Saturday, July 23, 1994 at 19 Harbor Pointe. 28. Removed from the Consent Calendar. 29. CONSTRUCTION OF 3.0 MILLION GALLON RESERVOIR AND 14,000 GPM PUMP STATION /CONTRACT 2961(B) - Approve the contractor prequalification process for project at the 16th Street Utilities Yard as part of the GROUNDWATER DEVELOPMENT PROJECT;and authorize the City Clerk to advertise for contractors to submit prequalification statements ( prequalification packages to be accepted at the office of the City Clerk until 1:30 p.m., Tuesday, August 2, 1994). ITEMS REMOVED FROM THE CONSENT CALENDAR MINUTES INDEX Special Events (27) 94 -20( 94 -22( Reservoirs Pump Statr C- 2961(B). (38) 12. Resolution No. 94 -62 calling and giving Res 94 -62 NOTICE OF A GENERAL MUNICIPAL ELECTION Election TO BE HELD ON TUESDAY, NOVEMBER 8, 1994, (39) for the Election of Members of the City Council and submission to the voters of a proposed amendment to the City Charter. [Report from City Attorney] 13., Resolution No. 94 -63 requesting the Res 94 -63 BOARD OF SUPERVISORS OF THE COUNTY OF Election ORANGE TO CONSOLIDATE, pursuant to the (39) 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. 14. Resolution No. 94 -64 relative to FILING Res 94 -64 OF ARGUMENTS AND REBUTTALS FOR THE Election MEASUBE to be submitted to the voters at (39) the GENERAL MUNICIPAL ELECTION AND SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 1994. Mayor Turner spoke in support of the proposed Charter amendment to be placed Volume 48 - Page 226 CITY OF NEWPORT BEACH COUNCIL MEMBERS Fs July 11, 1994 ROLL CRLL MINUTES INDEX on the November 8, 1994 ballot relating Election to the composition and duties and responsibilities of the Board of Library Trustees. He stated that he, along with the Nominating Committee, felt the membership of the Board should be increased from 5 to 7 inasmuch as there are a number of outstanding and well qualified individuals wanting to serve in this capacity. He also felt that the current language in Section 708(e) which reads "Approve or disapprove the appointment, suspension or removal of the Librarian, who shall be the department head" should be deleted from the Charter due to the fact that the Librarian should report directly to the City Manager as do other department heads, especially since the Librarian is also the Director of Community Services. He referenced the revised Section 708 (Exhibit A) which was distributed to the City Council at the meeting, and stated if approved by the voters, it will read as follows: "Section 708. Board of Library Trustees. Powers and Duties. There shall be a Board of Library Trustees consisting of seven members which will have the power and duty to: (a) Establish policies, rules and regulations relative to Library administration, subject to City • Council approval, as well as make and enforce by -laws governing the conduct of the Board. (b) Designate its own secretary. (c) Consider the annual budget for library purposes during the process of its preparation and make recommendations with respect thereto to the City Council and City Manager. (d) Establish policies and rules relative to the purchase and acquisition of journals, maps, publications and other supplies peculiar to the needs of the library, subject, however, to the limitations of the budget for such purposes and subject to consistency with relevant policies adopted by the City Council. The expenditure and disbursement of funds for such purposes shall be made and approved as elsewhere in this Charter provided. (e) Accept money, personal property or real estate donated to the City • for library purposes, subject to the approval of the City Council. (f) Contract with schools, county or other governmental agencies to render or receive library services or facilities, subject to the approval of the City Council." Volume 48 - Page 227 CITY OF NEWPORT BEACH COUNCIL MEMBERS s � ROLL CFLL July 11, 1994 MINUTES INDEX Lucille Kuehn, 1831 Seadrift Drive, Election Library Board Member and former Council Member, addressed the Council and stated in view of the recent opening of the new Central Library, she felt putting this item on the ballot at this time would be inappropriate and only "stirring up the pot." She pointed out that the Library • Board is not a political body and its functions are very different from that of the Planning Commission and Civil Service Board. She also felt that this was not the time to short circuit the input of the people who have so "magnificently demonstrated their support" of the Library, and therefore, suggested that Section 708 be reviewed at the time the entire City Charter is studied. Jean Kiger, 3731 Lilac Avenue, Library Board Member, addressed the Council and expressed appreciation to them for extending her term on the Board so that she could participate in the opening of the new Library. She advised that the Library Board met in special session on July 5 to review the proposed Charter amendment, and voted unanimously to oppose it 'based on the belief that the proposed revisions are premature at this time, and that more study and analysis of its impact is needed. They also believe that the residents need more time to live with "what we now have before we are asked to consider the changes in the direction we are taking." Mo n x In response to the above, Mayor Turner pointed out that the residents have been living with Section 708 since 1955 and he felt the proposed amendment was a very positive step forward. Following comments by Council Members Watt and Debay, motion was made to approve the revised language to Section 708 and place the matter on the November 8, 1994 ballot, and adopt Resolution No. 94 -62 calling the election; Resolution No. 94- 63 requesting the Board of Supervisors to consolidate the election, and Resolution No. 94 -64 relative to the filing of Arguments and Rebuttals to the measure. Council Member Hart indicated she would be voting no on this item inasmuch as she felt the current language "has been working for almost 40 years ", and the Charter should not be changed until the entire Charter is reviewed. She also felt there is not a need to change the membership from 5 to 7. Ayes x x x x x x The motion was voted on and carried. No x 18. Report from Public Works Traffic Department /Traffic Engineering, Signal recommending staff be authorized to (85) purchase an upgraded TRAFFIC SIGNAL CONTROL SYSTEM AND SEVEN SIGNAL CONTROL CABINETS from IDC Traconex/Multisonics. AND Volume 48 - Page 228 CITY OF NEUORT BEACH COUNCIL MEMBERS ��y„ ��.� G�pT ROLL CALL July 11, 1994 MINUTES 4M 19. Report from Public Works Traffic Department /Traffic Engineering, Signal recommending staff be authorized to (85) purchase .TRAFFIC SIGNAL COMMUNICATION EQUIPMENT from General DataComm, Inc. Council Member Hedges stated he pulled this item off the Consent Calendar due • to the fact that he does not agree with staff's recommendation to purchase these materials without a competitive bid. The Public Works Director noted that the estimated cost for this entire project is almost $1,000,000, and that most of the work is in fact being done under a competitively bid contract. However, some of the equipment being purchased for the program is from sole source vendors because it is the only equipment compatible with the existing City system. Rich Edmonston, Traffic Engineer, in addressing Agenda No. 18, stated they are undertaking a major expansion of the traffic control equipment at City Hall which will enable them to monitor and control City- operated signals throughout the City, and that the expansion will also allow them to monitor many of the intersections operated by Caltrans in the City. The project consists of three major components, i.e., the two items on this agenda relating to purchase of • equipment, and the installation in the field of that equipment. The City currently has 31 signals that are connected to the computer in their office, and those 31 controllers are of a manufacturer, as is the equipment, of the Multisonics Corporation. The City has purchased a number of controllers over the years for this kind of project, and in every case when left up to the contractor to select the product, the contractor has chosen the Multisonics controller. The majority of cities who deal in this type of equipment have also selected Multisonics. With regard to Agenda No. 19, Mr. Edmonston advised that the City by way of a committee a number of years ago, looked at how to handle their networking needs across the City, and selected what is known as a T- l.phone system, and what this agenda item would do if approved, would be to purchase additional equipment for the City's existing system to give it the capability to handle the City's traffic signal communication needs. At present, the City is spending approximately $12,000 a year on telephone bills, and it is hoped with this new system, it will be reduced to • approximately $2,000 per year. Motion x Council Member Hedges stated he was still not convinced to go forward with the sole source awards as recommended, and therefore, moved to approve the plans and specifications for Agenda Items No. 18 and 19, and direct staff to advertise for competitive bids for the equipment. , Volume 48 - Page 229 CITY OF NEWPORT BEACH COUNCIL MEMBERS CflLL S Motion Ayes Noes x x • Ayes x x Noes Motion All Ayes • • xl x x xI X I x I X I x I x x July 11, 1994 Following discussion, Council Member Cox indicated he did not feel it would serve a purpose to go to competitive bids inasmuch as -it would only produce an entirely different system than what the City is currently using, and therefore, made a substitute motion to approve the recommended action on Agenda Items No. 18 and 19, which motion FAILED inasmuch as a 4 /5ths vote was needed. The motion made by Council Member Hedges was voted on and carried. 20. Report from the City Attorney regarding approval of MOU with NEWPORT BEACH FIREFIGHTERS ASSOCIATION /CONTRACT NO. 2060, Fiscal Year 1993 -95. The City Attorney advised that there were some minor modifications to the subject MOU as described in his supplemental memorandum, and that none of those changes were substantive. Motion was made by Mayor Turner to approve the above agreement and authorize the Mayor and City Clerk to execute. 25. Report from Public Works Department recommending acceptance of the work at the Balboa Island Fire Station No. 4 (Contract No. 2862), and authorizing the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded pursuant to applicable portions of the Civil Code. Council Member Hedges stated he called this item up because he was concerned about the number of changes orders on this contract, and questioned the Public Works Director as to how the City audits or monitors such change orders. The Public Works Director commented that staff would like to see fewer, and a smaller dollar value, on change orders on a project, however, he doesn't feel that the 7 -1/28 increase on a building project such as this one, is especially out of line. With respect to the record keeping of change orders, the files in the Public Works Department contain detailed backup on each change order which outlines specifically the cost of the materials, the hours, and the cost of the labor that has gone into that particular item of work. In view of the above comments, Council Member Hedges suggested that when the Council is being requested to accept the work on a Public Works project, and there are change orders involved, that that file be made available at that Council meeting, to which there were no objections. Volume 48 - Page 230 MINUTES INDEX Traffic Signal (38) boa Isl e Statn (38) COUNCIL MEMBERS *051N 0 MAP *n yes Motion All Ayes • x x CITY OF NEWPORT BEACH July 11, 1994 The City Manager advised that pursuant to City Council Policy, when a change order exceeds 108 of the value, it is reviewed by him, and anything above that amount is reviewed by the City Council. Hearing no other comments, motion was made by Council Member Hedges to approve the recommended action. 28. Report from City Attorney confirming the conditions imposed on the YOUTH HOSTEL in Cannery Village, Use Permit No. 3527. Council Member Hedges cited a few changes he would like to see made in the Conditions of Approval, however, the City Attorney advised that the City Council does not have the ability to make such changes (other than typographical or minor), at this time without reopening the public hearing which requires a motion to reconsider, then proper notification, etc. Mr. Burnham stated he has discussed these Conditions with the permittees and they are in agreement as the Conditions accurately, reflect the intent of the City Council when they approved the Use Permit. The Conditions will also give staff ample ability to make sure the Hostel operates as such and that it does so without any annoyance to the neighbors. The City Attorney did point out that he will make a minor change to Condition No. 12 as referenced by Council Member Hedges, and stated also that a Condition No. 17 has been added to allow for a six -month review after the Hostel has opened. In view of the foregoing, motion was made by Council Member Hedges to approve the recommended action. PUBLIC HEARINGS '30. Mayor Turner opened the public hearing regarding 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 HBIGHT LIM WITHIN REQUIRED FRONT YARD SETBACKS ON RESIDENTL91. LOTS ALONG NORTH BAY FRONT AND SOUTH BAY FRONT ON BALBOA ISLAND (PLANNING COMMISSION AMENDMENT NO. 804). Report from the Planning Department. The Planning Director reported that this amendment was initiated by the Planning Commission and applies only to patio heights within the required front yard setback on residential lots along the North and South Bay Front on Balboa Island and increases the height for patios on private property from 2 feet to 2 -1/2 feet. Volume 48 - Page 231 MINUTES Fire Statr th Host 3527 PCA 804 (94) CITY OF NEWPORT BEACH COUNCIL MEMBERS s ROLL CRLL July 11, 1994 MINUTES TMrrY Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made to adopt Ordinance No. Ord 94 -35 All Ayes 94 -35. 31. Mayor Turner opened the public hearing Weed • regarding 1994 WEED ABATEMENT PROGRAM Abatement and to consider objections, if any, of property owners whose property is (41) subject to cleaning by the City appointed contractor. Report from Fire Chief. Fire Chief Tim Riley, addressed the Council and recommended adoption of the proposed resolution ordering the Fire Chief to abate weeds and other nuisances identified to be existing upon streets, alleys, sidewalks, parkways and private property within the City, and to schedule a public hearing on August 22, 1994 to confirm assessments against those properties cleaned by the City. He stated that as of late this afternoon, the list of properties to be abated has been reduced from 17 to 10. Chief Riley gave an update on the Brush Clearance Program that was approved by the City Council on November 8, 1993, and noted that a comprehensive plan will be presented sometime in late August to the Council. • Hearing no one wishing to address the Council, the public hearing was closed. Motion x Motion was made by Mayor Turner to adopt All Ayes Resolution No. 94 -66 ordering the Fire Res 94 -66 Chief to abate weeds and other nuisances identified to be existing upon streets, alleys, sidewalks, parkways and private property within the City; and scheduling a public hearing on August 22, 1994 to confirm assessments against those properties cleaned by the City. PUBLIC COMMENTS Arthur De La Loss, 220 Kings Place, Charter addressed the Council and requested that Provision a report be placed on the July 25th agenda concerning the Charter provision (Section 422) which requires a vote by the electorate on streets that bring freeway traffic into Newport Beach. Mayor Turner advised that at the request of Council Member Watt at this afternoon's meeting, the City Attorney will be preparing such a report. ORDI MAN CES FOR ADOPTION • 32. Proposed ORDINANCE N0. 94 -33, being, AN ORDINANCE OF THE CITY COUNCIL Marine OF THE CITY OF NEWPORT BEACH Charter AMENDING SECTIONS 5.18.005 THROUGH Permits 5.18.040 OF THE NEWPORT BEACH (27) MUNICIPAL CODE, RELATING TO MARINE CHARTER PERMITS. Volume 48 - Page 232 COUNCIL MEMBERS CITY OF NEWPORT BEACH July 11. 1994 MINUTES INDEX Recycled memorandum dated June 14, 1994 Marine from the Marine Department. Charter The City Manager noted that the proposed Permits amendments are being recommended by the Harbor Quality Committee, and deal primarily with sections pertaining to penalties for the discharge of vessel • waste into the harbor. The Committee feels very strongly that there should be no ambiguity regarding situations under which a permit could be denied for discharging vessel waste into the harbor and the severity of this offense should result in a denial lasting 12 months rather than 90 days. In response to question raised by Council Member Hart regarding the control of large passenger boats coming into the harbor, Council Member Watt, chairman of the Harbor Quality Committee, stated that a sub - committee has been appointed to gather as much information as possible regarding the number of Charter boats and their impact on traffic and parking, as well as disaster preparedness, etc., and comments from various sources of public interest. With respect to the subject ordinance, she noted this is an issue the Committee has been studying over a year. Council Member Hart suggested minor changes to the proposed ordinance as • follows: 5.18.005 - Purpose and Findings - A. Substitute the word "diversified" for the word "large." 5.18.040 - A. and 3. - Substitute the word "and" for the word "or" so that the Revenue Manager and Harbor Inspector will investigate permit applications. The City Attorney stated that if the above changes are approved, the Ordinance would have to be reintroduced. In response to inquiry by Council Member Debay regarding the difference between a Marine Charter Permit and a Commercial Activities Permit, the City Manager commented that a Marine Charter Permit is handled by the Revenue Department and is used primarily for weddings, harbor cruises, etc., whereas a Commercial Activities Permit is more for the on- going regular business operations that are associated with harbor activities. Tony Melum, Tidelands Administrator, • addressed the Council and stated that when the boat charter business began to proliferate in the mid 801s, Section 17.41 was added to the Municipal Code to handle such type permits as the Pavilion Harbor Cruises, Hornblower Yachts, Cannery Harbor Cruises, etc., which only Volume 48 - Page 233 CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CRLL��s July 11, 1994 • Motion x Motion x Ayes x x Noes x x • All Ayes Motion All Ayes • IIII operate from one site and have Coast Guard Certified vessels. Section 5.18 of the Municipal Code was designed to handle those types.of businesses where the boat owner operates from several sites within the harbor depending upon the nature of the charter. The appeal procedure in Section 5.18 is to the City Manager, and in Section 17.41 is to the City Council. Following discussion, motion was made by Council Member Watt to adopt Ordinance No. 94 -33 as written. Council Member Hedges referenced Item 9 on Page 7 relating to denial of permit, and stated he felt said permit should be appealed to the City Council rather than the City Manager, and therefore, made a substitute motion to amend Section 5.18.040, Item 9 accordingly, and to reintroduce Ordinance No. 94 -33 as amended. The Tidelands Administrator, in response to the above, stated that one of the reasons the Committee felt that denial of permits should be appealed to the City Manager instead of the City Council was timing. x The substitute motion was voted on and x x FAILED. Council Member Watt stated she would take Council Members Hart and Hedges suggestions back to the Harbor Quality Committee for their input. The original motion was voted on and carried. 33. Proposed ORDINANCE NO. 94 -34, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 17.41.090 OF THE NEWPORT BEACH MUNICIPAL CODE, RELATING TO REVOCATION OF PERMIT FOR COMMERCIAL ACTIVITIES. Recycled memorandum dated June 14, 1994 from the Marine Department. Hearing no comments on this item, motion was made by Council Member Watt to adopt Ordinance No. 94 -34. CONTINUED BUSINESS 34. BOARD AND COMMISSION APPOINTMENTS: CITY ARTS COMMISSION x x Alexandria Phillips was assigned the green light. x Riki Ruchek was assigned the red light. Alexandria Phillips was appointed for a four -year term expiring June 30, 1998. Volume 48 - Page 234 MINUTES INDEX is 94 -33 Permit/ Commercia: Activitie: (51) Board /Cms CITY OF NEWPORT BEACH COUNCIL MEMBERS S ROLL CALL July 11, 1994 • • • MINUTES INDEX Board /Cmsn BOARD OF LIBRARY TRUSTEES x x x x George Jeffries was assigned the green light. x x x Walter Koch was assigned the red light. George Jeffries was appointed effective August 1, 1994 with said term expiring June 30, 1998. PUNNING COMMISSION x x x x Garold Adams was assigned the green light. x x x Michael Toerge was assigned the red light. Garold Adams was appointed for a four - year term expiring June 30, 1998. Meeting adjourned at 8:40 p.m. *� * *��r� *tee• * *�r The agenda for this meeting was posted on July 7, 1994 at 4:45 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. � yor A EST: City Clerk �EWPO, >. u a�% Volume 48 - Page 235 INDEX Board /Cmsn