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HomeMy WebLinkAbout09/26/1994 - Regular MeetingCOUNCIL MEMBERS ROLL CRLL <\ CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING ki PLACE: Chambers 2:00 P.M. TIME: 2:00 P. DATE: September 26, 1994 Present x x x x x Absent x Motion x Ayes x x x x Ab fined x Moon x All Ayes Motion All Ayes Motion All Ayes M n Al Ayes' X x X X ROLL CALL i Reading of Minutes of Meeting of September 12, X 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 LI$E STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Council Member Hedges requested expanded information regarding party house ordinance calls /disturbance advisory cards and some ideas toward improving the ordinance when the Police Department completes their study. With regard to the foregoing, Council Member Debay suggested that perhaps an hour be established where parties have to go inside and vacate the outside yard /patio area; and also establish regulations regarding cars and motorcycles parked on front yards and landscaped areas, in improving the party house ordinance. Mayor Turner revitalized his suggestion that a 5010 Corporation be set up which would be controlled by the City enabling citizens to make tax deductible contributions /donations to that corporation with the funds to be spent on specific projects throughout the city. He will have a written report presented at the next meeting. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None. COUNCIL COMMITTEE REPORTS - Received and filed: 1. Harbor Quality Committee Meeting - August 11, 1994. 2. Old Newport Boulevard Specific Area Plan Ad Hoc Committee Meeting - August 25, 1994. STAFF REPORTS 3. Newport Beach Sphere of Influence - Report from Planning Department. The City Manager asked for direction to proceed on the course of action recommended. in the staff report. Motion was made for staff to commence preparation of necessary application components of the four potential Sphere - of- Influence changes as recommended in the staff report. Volume 48 - Page 337 MINUTES (24) (24) (21) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Fs y� �p September 26, 1994 ROLL CRLL INDEX 4. CATV Regulations Update - Report from (42) Assistant City Manager. Assistant City Manager Ken Delino gave an overview of some of the problems with the supposed re- regulation, stating that • the City will continue to monitor what other cities are doing. He advised that the Finance Department is conducting a separate audit of the CATV franchises to assure payment of adequate franchise fees. Council Member Sansone expressed his concerns regarding consistent complaints that neither one of the two cable companies adequately advertise the basic service which is approximately $12.50, and everyone gets the impression that they have to take the $23 subscription. Also, customers are told by COMCAST that they will have to pay $45 to cut back to the very basic service. He requested that an information sheet be put together for residents of the City. Council Member Hart stated that she gets calls from people that there is no one in the City to hear their complaints, wherein the Assistant City Manager advised that the secretary gets their name and telephone number, and this is then transmitted to either cable company with approximately 99$ of these complaints responded to. He added that • if a subscriber writes a letter, this is "faxed" over to the cable company managers for their action or response, and from past records, he gets very few re- calls. Council Member Hedges made reference to the penetration rate of the cable companies, stating that COMCAST has a monopoly of service and no alternative competition, wherein the Assistant City Manager advised that the Council gave non - exclusive City -wide franchises to both cable companies, and before this they had exclusive franchises within their respective districts. Dolores Otting, 17 Hillsborough Drive, made reference to an article dated September 14, 1994 in the Orange County Register which deals with Dimension Cable overbilling subscribers in seven south - county cities for basic service and installation from September 1, 1993 to July 14, 1994. She stated that her rate went up 12% without a 30 -day notice and is now told that there is nothing that she can do because the City doesn't have any authority. She was emphatic about the fact that the City doesn't go out to bid for auditing services regarding franchises, and that there are no available records of the last cable audit done in 1990 performed by Mooreland and Associates. Volume 48 - Page 338 COUNCIL MEMBERS `ic` `uric`.` ROLL CRLL M AWly es Motion All Ayes Motion All Ayes 0 • CITY OF NEIYPORT BEACH MINUTES September 26, 1994 The Assistant City Manager advised that staff will continue to stay abreast of re- regulation issues and the next county -wide conference is scheduled for October 3, 1994. X Motion was made to direct staff to continue monitoring this issue, to report to the Council periodically or immediately if developments indicate that City actions could convey real benefits to Newport Beach residents. x 5. Planning Commission actions of September (68) 22, 1994 -• Following verbal report by Planning Director, Council Member Sansone made a motion to schedule Use Permit 3539 for a public hearing on October 10, 1994, depending on current information regarding the applicant. 6. ANNUAL LEAGUE OF CITIES MEETING - (61) OCTOBER 19,94 - Memorandum from Mayor Turner regarding City's voting representative. X Mayor Turner stated that he will not be attending the subject conference, therefore, motion was made to designate Mayor Pro Tem Watt as the City's Voting delegate and Council Member Hart as the Alternate, and that their absences at Council meeting of October 24, 1994, be shown as "excused." Mayor and Council Members paid tribute to retiring Marine Director Dave Harshbarger and Public Works Director Ben Nolan. ADJOURNED AT 2:37 P.M. TO CLOSED SESSION CLOSED SESSION REPORT PRESENTED: None RECESSED at 4:10 P.M. RECONVENED AT 7:00 P.M. Council Member Cox was present for the evening session. Mayor Turner presented the 1994 -95 ARTS AND CULTURAL GRANTS to representatives of each of the local art groups which awards were approved by the City Council on August 22, 1994. John Algeo, Vice President - Operations, ROCKWELL TELECOMMUNICATIONS. presented a LETTER OF APPRECIATION AND PLAQUES to the City Manager, Assistant City Manager, Building, Planning and Fire Department employees for their assistance in the recent proposed expansion of their facility. Mr. Algeo stated that all related approvals and inspections required in the construction process were accomplished without a single delay to the project. Volume 48 - Page 339 ROLL CALL Motion All Ayes • • • COUNCIL MEMBERS X CITY OF NEWPORT BEACH September 26, 1994 CONSENT CALENDAR The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION Pass to 2nd reading on October -10, 1994: 7. Removed from the Consent Calendar. 8. Introduce /pass to second reading on October 10, 1994, proposed ORDINANCE NO. 94 -46, being, (refer to Minute Page 347) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020 OF CHAPTER 1.12, CHAPTER 5.48, AND CHAPTER 5.49 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING ALARM SYSTEMS. [Memorandum from City Attorney] Schedule for public hearing on October 10, 1994: 9. Removed from the Consent Calendar. 10. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 11. Resolution No. 94 -86 declaring the City of Newport Beach's intention to VACATE VEHICULAR ACCESS RIGHTS on the south side of East Coast Highway easterly of the Upper Bay Bridge; and setting October 24 as the date for the public hearing. [Report from Public Works Department] 12. Resolution No. 94 -87 approving STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1994 EDITION; CITY OF NEWPORT BEACH DESIGN CRITERIA, STANDARD SPECIAL PROVISIONS AND STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION, 1994 EDITION; CITY OF NEWPORT BEACH DESIGN, STANDARD SPECIAL PROVISIONS AND STANDARD DRAWINGS FOR HARBOR CONSTRUCTION, 1994 EDITION. [Report from Public Works Department] CONTRACTS AND AGREEMENTS 13. Removed from the Consent Calendar. 14. Approve AMENDMENT TO GRAFFITI REMOVAL SERVICES AGREEMENT which extends the service contract between Bonanza Mobile Wash and Steam Cleaning and the City to September 30, 1995. [Report from General Services Director] 15. CLAIMS - For Denial by the City Manager: Vincent J. b Camille A. Battaglia alleging property damage at 230 Poppy Avenue as a result of Hazel Street sewer and water main construction project, Contract No. 2892. Volume 48 - Page 340 MINUTES " V111j Ord 94 -46 Alarm Sys (70) Veh Aces Rt Res 94 -86 (90) ?W/Stand Specs 1994 Edition Res 94 -87 (74) isonanza Mobile Wsh/ Graffiti C -2960 (38) (36) COUNCIL MEMBERS CALL • • CITY OF NEWPORT BEACH MINUTES September 26, 1994 INDEX ;S /Privatzt tdsd Lndscp 4ntnc ;44) 3onita Crk 'rk Imprv/ ,ptl Impry ?rj (40) Special Events (27) kpl 94 -184 Apt 94 -229 Apt 94 -312 Unattended Businesses (27) Tod Lee Harbin alleging personal injuries as a result of stepping off curb onto excess blacktop on 12th Street at Beach front on September 4, 1994. Jeffrey R. Millet alleging vehicle towed in error from Irvine Avenue on June 29, 1994; seeking reimbursement of $127.50. State Farm Insurance Company/Marla Hughes alleging property damage to vehicle on March 20, 1994, while claimant proceeded through intersection on a green light (San Joaquin Hills Road and SR 73). 16. PRIVATIZATION OF ROADSIDE LANDSCAPE t MAINTENANCE - Accept the consultant's ] report recommending privatization of all 1 roadside landscape maintenance, staff's recommendations; and direct staff to commence the meet and confer process with the Newport Beach Employees League. [Report from General Services Director] 17. CAPITAL IMPROVEMENT PROJECT/BONITA GREEK ] PARK IMPROVEMENT PROJECT - Approve the exception of the $5,000 Bonita Creek Park Improvement Project Consultant's cost to the partial moratorium of FY 1994 -95 Capital Improvement Projects (CIP) Program. [Memorandum from General Services Director] SPECIAL EVENTS APPLICATIONS - Approve the following applications, subject to conditions in the staff report from the Recreation Superintendent, Community Services Department: 18. Application No. 94 -184 - Home -Aid Foundation for 5 -K, 10K, 1K Run/Walk, Fashion Island, Sunday, November 6, 1994, from 6 - 11 a.m. 19. Application No. 94 -229 - American Heart Association Walk & Run (Jamboree Road, Back Bay Drive); Cycling event - Newport Beach, Saturday, October 29, 1994, 8 - 10 a.m. 20. Application No. 94 -312 - 10th Annual Around- Back -Bay Bike Tour, Newport Dunes Resort, Dover, Santiago, Upper Bay Trail, Sunday, October 16, 1994, from 10 a.m. - 1 p.m. ITEMS REMOVED FROM THE CONSENT CALENDAR 7. Memorandum from City Attorney's office regarding introduction of proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 5.11.050 TO CHAPTER 5.11 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO REGULATION OF UNATTENDED BUSINESSES. Council Member Debay indicated she wanted more information on this item inasmuch as it had not been discussed prior to this meeting. Volume 48 - Page 341 INDEX ;S /Privatzt tdsd Lndscp 4ntnc ;44) 3onita Crk 'rk Imprv/ ,ptl Impry ?rj (40) Special Events (27) kpl 94 -184 Apt 94 -229 Apt 94 -312 Unattended Businesses (27) COUNCIL MEMBERS 0 Motion All Ayes • F.9 CITY OF NEWPORT BEACH September 26, 15194 It was noted that the proposed Ordinance was prepared at the request of Council Member Hedges who stated he has had numerous complaints from residents both in West Newport and on the Peninsula about establishments being open 24 hours per day without an attendant on site. In some cases, the business is located within a residential area and the late night activity is causing problems. Hearing no further comments, motion was made by Council Member Hedges to refer this item to the Economic Development Committee for report back on October 24, 1994. 9. Report from Planning Department recommending introduction and scheduling of a public hearing on October 10, 1994, for proposed ORDINANCE, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLES 19 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE REVISING THE CITY °S CONDOMINIUM CONVERSION REGULATIONS (PLANNING COMMISSION AMENDMENT NO. 809). In response to question raised by Council Member Debay regarding sewer connections, the Planning Director advised that there are two ways a sewer connection can be made to the converted condominium, i.e., 1) a single sewer lateral going to the main line in the street or alley with a connection from each unit to the single lateral; or 2) there could be two sewer lines, one from each unit, going to the main line in the street or alley. He pointed out that as long as there are no units being added to the development with the conversion, there would be no additional fees collected by the Sanitation District. Mayor Turner referred to Page 2, 5 -(b) of the staff report regarding one covered parking space per dwelling unit, wherein the Planning Director noted that there are provisions in the Ordinance that allows the Modifications Committee to waive that requirement in the course of their public hearing. The reason for the proposed requirement is because of the conversion from rental to ownership and it was felt that there should be at least one covered parking space for the owner /occupant. In response to question raised regarding undergrounding of existing electrical service or participation in a future undergrounding district, the Public Works Director advised that Section 15.32.015 of the Municipal Code, which is part of the Building Code, reads as follows: The Building Director shall, as a condition precedent to the issuance of any building, electrical or plumbing permit, require all utility services located within the exterior boundary lines of any lot or parcel of property to be installed underground, if: Volume 48 - Page 342 MINUTES INDEX Zoning/ Condominiun Cnvrsn (94) PCA 809 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �S September 26, 1994 ROLL CALL INDEX (1) The property is to be developed with a new or relocated main building; (2) The remodeling, alteration or addition to an existing main • building necessitates the relocation of existing electrical and communication services; (3) A new electric service is installed in a main building; (4) A residential building or use is converted to any non- residential use or purpose. The Public Works Director also stated that Section 15.32.015 (c) covers Waiver, Modification or Delay provisions. Discussion ensued regarding the above, wherein the City Manager suggested that Section 20.73.025 (F) be revised to read: "That the existing electrical service connection shall comply with the requirements of Section 15.32 of the Newport Beach Municipal Code." Council Member Hart stated that on Page 3, Item No. 8 of the staff report, it • states that Section 20.73.035 is amended so as to delete the requirement for special consideration for fixed or elderly tenants, handicapped persons, and persons that are below 120% of the County median income, as well as the requirement for 30% of the existing tenants to be in agreement with the proposed conversion, and questioned staff if they have backup material to legally substantiate this deletion. In response to the above, the Planning Director replied in the affirmative, stating this was discussed at some length with the staff who are most conversant with the provisions of the Housing Element and State law. Motion x Following discussion, motion was made by Ord 94 -47 All Ayes Mayor Turner to introduce Ordinance No. 94 -47, as amended by the City Manager, and schedule for public hearing on October 10, 1994. . 10. Report from the Planning Department Noise recommending introduction and scheduling Element a public hearing on October 10, 1994, (94) for proposed ORDINANCE, being, • Volume 48 - Page 343 CITY OF NEWPORT BEACH COUNCIL MEMBERS �� �S �GF � September 26, 1994 ROLL CRLL • • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDIEC CHAPTERS 1.12, 6.04, 10.28, 10.32, 15.02, 20.01, 20.10 AND 20.70 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO REVISE CURRENT NOISE CONTROL REGULATIONS TO BE CONSISTENT WITH THOSE CONTAINED IN THE NOISE ELEMENT OF THE GENERAL PLAN AND TO ADD CHAPTER 10.26 COMMUNITY NOISE AND VIBRATION CONTROL (PLANNING COMMISSION AMENDMENT N0. 807); rNO-H GENERAL PLAN AMENDMENT NO. 87 -1 B - Request to initiate an amendment to the Noise Element of the General Plan so as to conduct a comprehensive update of technical and policy information necessary to reflect the changes in community noise environment and noise - related issues which have occurred since its original adoption. Council Member Debay expressed her concerns regarding late night outdoor parties, and questioned whether or not the Ordinance could be amended to require that said activities be moved inside after a certain hour. She also questioned if the Ordinance gives the City the tools it needs to enforce the proposed regulations. Police Chief Bob McDonell addressed the Council and stated the proposed Ordinance essentially cleans up some definitions, and deals with the leaf blower and maintenance issues. In terms of late night parties, he stated this matter will have to be dealt with at a future date and he will be coming back with some recommendations in this regard. Mayor Turner commented that as a result of the activities held at the Marian Bergeson Aquatics Center, a "fair amount of noise" is created, which is persistent, and is detrimental to the peace and tranquility of the neighborhood, and suggested this particular noise issue be referred to the Parks, Beaches & Recreation Commission for report and recommendation. The City Attorney stated that the City does not have control over school activities; however, the City does have legal authority to enforce its Noise Ordinance over activities of any public entity which are not in furtherance of that entity's governmental function, and therefore, recommended that Subsection A on Page 22 be amended to read as follows: Volume 48 - Page 344 MINUTES INDEX [IM 87 -1(B) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ��S September 26, 1994 ROLL CALL. INDEX "Activities conducted on public Noise property by a public entity or its Element permittee in furtherance of the governmental functions or services performed by the public entity." • The Planning Director referenced a Supplemental staff report on this item which contains the results of the meeting the staff held with representatives of the Big Canyon Golf Course regarding the maintenance of greens. He stated that a change is now being recommended in the Ordinance which would allow an exception for greens maintenance only from 6 a.m. to 8 p.m. each day of the week. In addition, language is being proposed regarding the inclusion of a Noise Abatement Program. Discussion ensued with regard to Section 10.28.045 (C) Exceptions, and following consideration, the staff was requested to bring back revised alternative language for consideration on October 10. Don Slaughter, 2200 Aralia, East Bluff, ° addressed the Council regarding the constant "whistle" noise as a result of the water polo games held at the Marian Bergeson Aquatics Center at Corona del Mar High School. He stated that several weekends throughout the year, water polo events begin at 7 a.m. and continue to • 9 p.m. and the noise is nonstop during those hours. The City Manager suggested the above matter be referred to the Parks, Beaches & Recreation Commission as recommended earlier by Mayor Turner. Dolores Otting, 17 Hillsborough, addressed the Council regarding the noise from street sweepers which begin at 5:30 a.m. She also stated she resides behind a park where noise activities occur, and questioned who will be enforcing the proposed Ordinance. In response to the above, the City Manager stated that the Ordinance will be enforced on a complaint basis by the City's Code Enforcement Officer. Frank Arcoleo, 204 -1/2 29th Street, addressed the Council regarding loud parties next door to where he resides, and questioned how many times the Police Department investigates a noise complaint before the problem is resolved. • Mayor Turner asked Mr. Arcoleo to leave his address and telephone number with the staff and stated he would see to it that his concern is investigated and that someone would be in contact with him. Volume 48 - Page 345 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES �S s°LF FA September 26, 1994 ROLL CALL INDEX The.City Manager pointed out that there Noise is a provision in the Municipal Code, Element Section 10.58, regarding Police Services at Large Parties, Gatherings or Events, which was adopted in 1988; however, at the request of Council Member Hedges, • staff is looking into whether the current regulations need to be amended. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding noise complaints in general and the City's regulations relating thereto. Lori Foster, 61 Sea Island Drive, addressed the Council and stated her home is across from the 5th hole of Big Canyon Country Club; that the maintenance of the greens begins at 5:30 a.m., and the noise is very annoying. The Planning Director commented that when the Planning Commission considered this item, complaints were received from residents who live close to the Big Canyon Country Club concerning the early morning removal of maintenance equipment from the storage shed, and the specific maintenance of Green No. 4. He pointed out again as set forth in the Supplemental staff report, it is being recommended that the proposed Ordinance include an exception for ggreens maintenance between the hours of 6 a.m. and 8 p.m. seven days a week. • Phil Glasgow, 1842 Port Margate, President of the Aquatics Center at Corona del Mar High School, and Chairman of the Parks, Beaches and Recreation Commission, addressed the Council and stated he felt the pool noise issue referred to earlier by Mayor Turner and Mr. Slaughter has been blown out of proportion, and he felt the matter should be sent to the Parks, Beaches & Recreation Commission for a report. With regard to the number of water polo events held per year, he stated there are only two tournaments held annually. He stated they are willing to work with the residents in the area to solve the noise problem. Jim Tucker, 1824 Port Sheffield Place, addressed the Council and stated he was Event Chairman for Newport Seafest Water Polo Tournament; that the top 12 teams in the country attended the event, and he felt it was a good example for the students as well as a positive benefit to the community. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and • suggested that the residents who live in the area of the pool install double -pane glass windows to reduce the noise level. Volume 48 - Page 346 COUNCIL MEMBERS y��' � ygjJ, �G�cnyq�j, Hof- GF� c"S, ROLL CALL Motion All Ayes • Motion All Ayes M Al es • X x CITY OF NEWPORT BEACH September 26, 1994 Hearing no further comments, motion was made by Mayor Turner to introduce Ordinance. No. 94 -48, including the recommended language in the Supplemental staff report as well as the revision by the City Attorney; that this be set for public hearing on October 10, 1994; that the school board be sent a copy of the proposed Ordinance for their input, and that the staff address the concerns of the Council expressed at this meeting and bring back a report on October 10. 13. Report from Public Works Department recommending CONTRACT N0. 2984 be awarded to Damon Construction Company of Carson, California, for the total bid price of $132,054.50 for OCEAN FRONT STREET END CONSTRUCTION PROGRAN/ORANGE STREET ASPHALT WALKWAY. Council Member Debay stated she removed this item from the Consent Calendar as she would like to request that the Orange Street Asphalt Walkway be postponed inasmuch as she has a meeting scheduled for October 8 with concerned residents who live in the vicinity of Orange Street. Following comments by the Public Works Director, motion was made by Council Member Debay to continue the award of the contract to October 10, 1994. S. Notion was made by Mayor Turner to reconsider Consent Calendar Item No. 8, proposed ORDINANCE at this time as requested by Bruce Lloyd, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 1.12.020 OF CHAPTER 1.12, CHAPTER 5.48, AND CHAPTER 5.49 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING ALARM SYSTEMS. Bruce Lloyd, 1826 Toyon Lane, addressed the Council. and suggested a copy of the proposed Ordinance be sent to all residents who have permits for alarms in the City, and rather than a separate mailing, he recommended it be included with the Utility Bill. He also felt that the fees should be raised on false alarms, and.the City should "get out" of the alarm monitoring business. Mayor Turner advised that an informational meeting, which was open to the public, was held at the Police Department some weeks ago regarding the proposed Ordinance, and that it will be discussed again when it is considered for adoption on October 10, 1994. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed false alarms in general. Volume 48 - Page 347 MINUTES INDEX )rd 94 -48 Ocean Front St End Cnst Orng Asphlt C -2984 (38) Alarm Sys (70) COUNCIL MEMBERS. `14 \1 W.1i31M CITY OF NEWPORT BEACH September 26, 1994 The City Manager commented that in addition to the informational meeting held at the Police Department on this subject, another public meeting was held last Wednesday, here in the Council Chambers, and all three newspapers were notified of the date and time. Dolores Otting, 17 Hillsborough, addressed the Council and stated that she has an alarm at her home that is monitored by the Police Department. However, she felt that if the proposed Ordinance is going to cost the taxpayers more money, she suggested the service be privatized. She stated she attended the meeting last Wednesday on this matter, but because of problems with Dimension Cable, there was no notification of the meeting on the local channel. Police Chief Bob McDonell commented that the revenue received from monitoring false alarms helps offset the managing of the entire alarm program. The City derives approximately $100,000 in revenue annually from monitoring the alarms in the Police facility which is only a small percentage of the total alarms they respond to City -wide, and it would cost the taxpayers more money if the City "got out" of the alarm business. He summarized the specific recommendations in connection with • reducing false alarms as follows: 1) Purchase replacement monitoring equipment which is over twelve years old; 2) Automate access to alarm records and consolidate billing process between the Police and Finance Departments; 3) Fund up to 20 hours per week of additional Community Service Officer time to help implement the recommendations; 4) Establish a three -year, $30 alarm permit for residential alarm holders, or $10 per year to get current information on alarm holders; 5) Implement a one -year $25 annual renewal for commercial alarm permit holders; 6) Increase the monthly alarm monitoring fee from $12.50 to $18.00 for those systems directly monitored by the Police • Department; 7) Take a more aggressive enforcement posture to include citing violators pursuant to provisions of the Ordinance; Volume 48 - Page 348 MINUTES INDEX Alarm Sys COUNCIL MEMBERS [WILIN • Motion All Ayes • CITY OF NEWPORT BEACH September 26, 1994 8) Change the Municipal Code violations from a misdemeanor to an infraction, thereby eliminating the need for jury trials on not guilty pleas since infractions are heard by Judges; 9) Consider turning delinquent accounts over to a collection agency should the City fail in its effort to collect on those accounts. There being no further comments, motion was made by Council Member Sansone to introduce Ordinance No. 94 -46 and pass to second reading on October 10, 1994. PUBLIC HEARINGS 21. Mayor Turner opened the continued second public hearing regarding proposed ORDINANCE NO. 94 -42, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.34 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING A MARINE CHARTER PASSENGER TAX. Recycled report dated August 22, 1994 from Revenue Manager, Finance Department. The City Manager referenced the 1994 -95 Budget and noted, in part, the following: there were a limited number of areas where fees and taxes were proposed which was done as a last resort to close the budgetary gap between revenue and expenditures, and as a result, a preliminary balanced budget was presented to the City Council in May; the current budget includes the proposed Marine Charter Tax which is estimated to bring in $100,000 annually in revenue; the City's fiscal outlook is still very challenging and it is very difficult to forecast what the revenue picture will be due to fluctuation in the economy; the staff is continuing to look at new ways for privatization to make the City's operations more efficient. Glen Everroad, revenue Manager, stated that his August 8, 1994 staff report to the City. Council included specific information regarding the Marine Charter Industry, the number of operations, passenger count, and comparisons with other industries as well as comparisons of fees and taxes imposed by other harbors along the California coast. The staff has been working on the Marine Charter Tax since April of this year and have worked diligently with the Economic Development Committee, Budget Committee, Harbor Quality Committee and Tidelands Affairs Committee in developing the proposed tax. They have also conducted over a dozen meetings with the Industry, Volume 48 - Page 349 MINUTES 94 -46 Ord 94 -42 Chrtr Tax COUNCIL MEMBERS ROLL CALL • 9 CITY OF NEWPORT BEACH September 26, 1994 and as a result, the Ordinance under consideration was prepared. On August 8, 1994, the City Council introduced the Marine Charter Passenger Tax Ordinance with three amendments: 1) exemption for sportfishing, 2) exemption for Catalina Passenger Service passengers until the Service has obtained approval from the Public Utilities Commission to raise their rates, and 3) an amendment providing for an annual adjustment to the rates according to the changes to the Consumer Price Index. Mr. Everroad discussed some of the requests made by the Industry during their meetings which included: extension of hours for entertainment on board vessels; assistance in meeting parking requirements; mitigating building permit problems with private property lots used by charter companies that were not up to code; permitted expanded use of privately operated parking lots previously dedicated through use permits for charter operations; pursuit of a location and development of a public dock; relief in the application process; assistance in the interpretation of the sign ordinance as well as the commercial harbor activities permits, etc. He stated staff will continue to work with the Industry with or without the proposed tax. The City Manager noted that many of the issues mentioned in the foregoing will be presented at future committee meetings and ultimately to the City Council for final approval. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that he has had many conversations with Mr. Everroad, and he would hope the Council appreciates Mr. Everroad's efforts and the improvements he has made in many areas, as he is an individual who personally tries to solve whatever problem may occur, and it should be noted that he is doing an excellent job for the City. The following persons addressed the Council in oovosition to the proposed Marine Charter Passenger Tax: Nancy Irvine, Irvine Coast Charters, 1559 Ocean Boulevard, Roy King, Pacific Avalon Yacht Charters, 3424 Via Oporto Wes Heinmiller, Legend Yacht Charters, 3408 Via Oporto Jim Orr, Catalina Passenger Service Long Pham, 1529 W. Balboa Boulevard Debbie Schoonmaker, Admiral Yacht Charters, 2901 W. Coast Highway Ralph Rodheim, President, Marine Division, Newport Harbor Chamber of Commerce Volume 48 - Page 350 MINUTES INDEX 4arine ,hrtr Tax CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES G� �� k 'Pn�f 9 tS Q�,� September 26, 1994 ROLL CALL t� is • Some of the concerns expressed by the above speakers were: this is not the time to impose a tax due to the depressed economy; charter operators work on a seasonal basis and the proposed tax would create a hardship; charter operators are already paying a fee to the City as well as to owners of private parking lots; the proposed tax should be equitable for everyone and no exceptions; out -of -town vessels should pay a higher fee; the City needs to provide a public dock and parking where charter boats can operate from and the fee for that use could go to the City; the City should look at other ways to generate revenue rather than the proposed Charter Tax; the proposed Ordinance should be sent back to staff for further study. Mr. Everroad responded to some of the above remarks noting: 1) commercial harbor activities permits are a one -time permit with an application of $350 and are a fixed base of operation and must operate coast guard certified vessels; the majority of this Industry (80 of the 88 companies) operating in this harbor do not meet these requirements; 2) the City does not operate any public docks for charter operations; however, the City does provide and maintain a quality harbor for the charter boats to enjoy; 3) out -of -town vessels will have a surcharge added to each and every charter, and this provision is included in the proposed Ordinance. Mr. Everroad stated that the proposed Ordinance under consideration is a result of six months of work with the Marine Charter Industry to address their concerns as well as the various Committee's input. He does not feel there will ever be a tax that will be supported by everyone, but he does feel the proposed document is the best effort that staff and the Industry can agree upon. Council Member Cox spoke in favor of the proposed Ordinance and indicated he disagreed that the market is "depressed," and he finds some of the testimony very conflicting with the conditions that are going on in the market place. He pointed out that other businesses in this community pay significant dollars to the City for their fair share to operate; however, this Industry does not. As a result, there is a definite inequity, and it is time to put this issue into the proper perspective. Regarding other sources of revenue generated to the City each year, Mr. Everroad pointed out that the City received 5.9 million dollars from 26 hoteliers in tax revenue for 1993 from property tax, sales tax, transient occupancy tax, and business license tax; there are 400 restaurants in the City Volume 48 - Page 351 INDEX Marine Charter Tai CITY OF NEWPORT BEACH COUNCIL MEMBERS y��' s� ��` y9'P Fs ` j `< September 26, 1994 ROLL CALL F` • • which generated 2.4 million dollars in 1993 which included sales tax and business license tax; and the 88 charter operators in the harbor brought in less than $30,000 for the year. As a result of this discrepancy, the Budget Committee asked the staff to develop with the Industry a tax that would identify the guests to this harbor and excise from them their fair share in contributing to the quality, services and infrastructure provided them in the harbor. Council Member Hart indicated she felt the proposed Ordinance limits where the City can go in the future by tieing the City to the CPI, and she personally feels the staff can come up with a better document. Council Member Hedges indicated he will not be supporting the proposed Ordinance because it is a tax and not a fee, and the bulk of revenues will have a disproportionate adverse impact on just a handfull of charter operators. He also felt the City should look at enhancing the collection of revenues it already receives by allowing those who provide those revenues to the City to make more money on their own rather than implement a new tax on the Charter Industry. Council Member Sansone indicated he also will not be supporting the proposed Ordinance 'because he felt the City is subsidizing out -of -town charter vessels. The City Manager stated he felt the proposed tax is justifiable, that it will be needed in the long -term, and recommended approval. James Person, representing Davey's Locker and Newport Landing, stated that sportfishing is not part of the Marine Charter Industry as such, and that 95% of their operations are outside of the harbor. Sid Soffer, 900 Arbor Street, Costa Mesa, stated that Newport Beach is a nautical City, and an issue that should be considered "is the Marine Charter Industry good for the image of the City" from a business standpoint? Hearing no others wishing to address the Council, the public hearing was closed. In response to Council inquiry, the City Manager noted that no additional staff will be hired as a result of the proposed Ordinance. Volume 48 - Page 352 MINUTES Marine Charter Tax COUNCIL MEMBERS ROLL CRLL Motion Ayes Noes X X CITY OF NEWPORT BEACH September 26, 1994 Council Member Watt stated her involvement with the proposed Ordinance is a result of being a member of the Harbor Quality Committee, and that she supports the Marine Charter Tax. She emphasized how much money it costs to keep the harbor in top quality condition for everyone to enjoy, and stated she felt that each industry that benefits from that enjoyment should help pay for the harbor's maintenance. Mayor Turner discussed the City's tax base, the loss of revenue as a result of businesses leaving the City, and stated he will support the proposed Ordinance inasmuch as he felt other industries are carrying more than their fair share of the burden and that some type of equity has to be reached; therefore, he moved to adopt Ordinance No. 94 -42. Council Member Debay stated that after listening to public testimony and meeting with many of the charter operators, she knows that there are some boat owners that generate the most activity but are paying the least to the City; however, because this is an industry overall that needs to carry more of the load, she will be supporting the motion, and in doing so, she wants to see it as an emergency tax that will be revisited along with the concerns expressed at this meeting. She indicated she was not totally happy with the way the Ordinance is written, but she sees the need for it in order to balance the budget. The motion was voted on and carried. 22. Mayor Turner opened the public hearing regarding proposed ORDINANCE MO. 94 -45, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING REGULATIONS AND GUIDELINES RELATING TO AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS IN NEW DEVELOPMENT PROJECTS (PLANNING COMIIISSION AMENDMENT MO. 808). Report from Planning Department The City Manager stated that based on a conversation earlier this morning with State officials, it is recommended that this hearing be continued to October 10 to resolve some questions that have been raised regarding certification by the State of the subject document. Council Member Sansone pointed out that AB939, the Recycling Act, is just one of the many Federal mandates handed down to cities for compliance, but what many people don't realize is how much it costs annually just for the household hazardous waste program. Volume 48 - Page 353 MINUTES fi&W Tax Ord 94 -45 Zoning/ Recyclable: PCA 808 COUNCIL MEMBERS �`��s9y_ y9J� ROLL CRLL F Motion All Ayes • Motion All Ayes • Motion All Ayes • SI:I x X CITY OF NEWPORT BEACH September 26, 1994 Motion was made to continue this public hearing to October 10, 1994 as recommended. PUBLIC COMMENTS 1. Dolores Otting, 17 Hillsborough, addressed the Council regarding privatization of roadside landscape maintenance (Agenda Item No. 16) and stated she does not support the "piggy back" method mentioned in the staff report and felt the City should advertise for bids for this work. 2. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed where he felt the City could reduce expenditures. CURRENT BUSINESS 23. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE VACANCY. Deferred (District 7) Council Member Cox's appointment to October 10, 1994 to fill unexpired term of Craig Weber (resigned his membership) ending December 31, 1994. 24. ORANGE COUNTY SANITATION DISTRICTS 5 AND 7 APPOINTMENTS: Council Member Sansone stated the reason he placed this item on the agenda is because as Chairman of District 5, he was having difficulty attending other executive committee meetings, and felt that since he only had three more meetings to attend before the expiration of his Council term, he felt it would be best to step down now to make sure that Newport Beach is represented on the executive committee. In essence, he and Council Member Debay have just switched places. Motion was made by Council Member Sansone to approve the following: District 5 - Appoint Council . Member Debay as the City's Representative; and Council Member Sansone as Alternate;AND District 7 - Appoint Council Member Sansone as the City's Representative; and Council Member Debay as Alternate. Volume 48 - Page 354 MINUTES BT /CAC 0/C Sanitn Dists 5/7 COUNCIL MEMBERS 4, y9�� s ` 1p ROLL CRLL • • • CITY OF NEWPORT BEACH MINUTES September 26, 1994 INDEX Meeting adjourned at 10:35 p.m., in honor of Newport Beach City retirees Dave Harshbarger, Marine Department Director (31 years); and Ben Nolan, Public Works Director (33 years). The agenda for this meeting was posted on September 21, 1994 at 2:35 p.m., on the City :Ball Bulletin Board located outside of the City of Newport Beach Administration Building. Ma ATTEST: 4" �f . pro) City Clerk ® 4'A in � a �L1 FO RNA i Volume 48 - Page 355 INDEX