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HomeMy WebLinkAbout11/14/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING �F`S'g2� PLACE: Council Chambers 2 q� TIME: 2:00 P.M. ROLL CALL S DATE: November 14, 1994 Present Absent Motion All Ayes 0 Motion All Ayes • 0 MINUTES X x x x x x ROLL CALL, X X Reading of Minutes of Regular Meeting of October 24, and Adjourned Meetings of November 1 and 4, 1994, was waived, approved as written and ordered filed. x 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 LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: Council Member Hedges reviewed his previous request regarding the proposed "no turn" posting at 21st Street and Balboa, stating that he would like to have an update; wherein, the Public Works Director advised that information is still being gathered and will be discussed at the nest Traffic Affairs Committee meeting. Council Member Hart commented on the letters received recently from local school children wanting to keep the libraries open longer hours; wherein, she stated that in talking to some of the Costa Mesa City Council Members, she would hope that Newport Beach consider joint usage- contracting and ways to come up with some extra money to finance the requested longer hours. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: Council Member Sansone requested that the City Attorney investigate the truth in campaign filing resulting in adopting an ordinance to legally require an individual to be more definitive regarding qualifications and experience. JOINT MEETING WITH HARBOR QUALITY COMMITTEE - Current Agenda and Minutes of October 13, 1994, were presented. Nancy Skinner, Member, Harbor Quality Committee, reported on the Irvine Ranch Water District (IRWD) Wastewater project and the nitrate issue into the Bay, and the Newport Bay Coordinating Council. Through their subcommittee, the Education Action Committee, the City now has available a video entitled "The Ocean Begins At Our Front Door," which is designed to educate children and adults about what is washed into the Bay and ocean through the stormdrains. The following Harbor Quality Committee Members were introduced: Oscar Frenzel - Baywatchers exhibits and projects; Mariam Mayell - increase in charter cruise boat industry and the effect on the water quality and safety of the Newport Harbor; Susan Leifer - informative brochures from the City and Volume 48 - Page 407 (24) INDEV r CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES L - 9 �G A y9 T !°-f 9\ November 14, 1994 ROLL C_\ , TAIflCV the Harbor Quality Committee; Len Miller - Marine Industry Economic Development Conference regarding the pumpout stations and guest docks; Ralph Furra - liveaboards, pumpouts and boat • maintenance; Tom Huston - debris reduction such as styrofoam, cigarette butts, and tires, which comes down the Delhi Channel. Mayor Pro Tem Watt added that the Professional Auto Detailers Association has been trying to get an ordinance passed in the City so that everyone who does auto detailing will have to follow the rules and not discharge grease and soap, etc., into the Bay. There is a County ordinance that has been generated, and she has talked with the City Attorney about getting such an ordinance passed in the City. In response to Council Member Debay's inquiry regarding the City's request for a focused EIR on the Irvine Ranch Water District Wastewater Project, Nancy Skinner advised that the meeting has been postponed until December 19. Council Member Hart stated that it would be appropriate to get IRWD's EIR to address looking at improved flushing for the City of Newport Beach, and cited the obvious problem at the Cannery, and at the Newport Island 38th Street Bridge. She suggested that the Harbor Quality • Committee address funding to analyze the City's flushing problem to improve the Harbor quality. Jack Skinner, 1724 Highland. Drive, in response to Council inquiry, advised that Newport Harbor is one of the few Harbors that is a "no- discharge harbor," and the only way to cite a boat for discharging would be to catch them in the act. The Coast Guard makes periodic inspections with emphasis on the large tour boats, with random checks made four times per year to check that they are handling their holding tanks properly. COUNCIL COMMITTEE REPORTS - For discussion: lotion x 1. Bicycle Trails Citizens Advisory (24) X11 Ayes Committee - Minutes of October 3, 1994 were received and filed. 2. Pacific View Memorial Park Committee - (24) Minutes of August 24, 1994. Mayor Pro Tem Watt reported that since the last meeting, the Committee had done everything that was possible to get some kind of a compromise, but they were not • able to resolve the issue. In response to Council Member Sansone's inquiry, he was advised that there will be one more meeting of the committee, wherein they will review the material put together by the staff, which hopefully will reflect the position on Volume 48 - Page 408 COUNCIL MEMBERS 3 C LL RA n #IAy es Motion All Ayes Motion Motion All Ayes Motion All Ayes 0 Motion All Ayes x x x x CITY OF NEWPORT BEACH November 14, 1994 each side of the issues to make sure that the Planning Commission and the City Council fully understand what the issues are, the fact that they were discussed and how the various people on the Committee feel about the issues. Following further discussion, motion was made to receive and file the foregoing minutes. 3. Old Newport Boulevard Specific Area Plan Committee - Minutes of August 25 and Agenda of September 15, 1994, received and filed. STAFF REPORTS - For discussion /action: 4. Municipal Compliance Officer/RBR Fees - request of Council Member Debay. [Report from Planning Department] The Planning Director advised that Council Member Debay requested that the staff investigate the addition of a Municipal Compliance Officer, wherein he stated that this issue has been ongoing for many years. He referred to the fiscal impacts in the staff report, and the recommended action for an approval in concept and to direct staff to meet with the Newport -Mesa Association of Realtors. Discussion ensued regarding the history that established the Residential Building Record and the role of the Code Enforcement Officer, whereafter Mayor Pro Tem Watt made a motion to approve recommendations 1 and 2 in the staff report at this time, but to weigh the pros and cons before going ahead with proposed recommendation regarding raising of Residential Building Record Fees to cover the actual cost of providing the service. Following discussion, Mayor Pro Tem Watt withdrew her motion, and Mayor Turner made a motion to refer this matter back to staff for additional analysis and input and bring back to the City Council for approval in concept. Planning Commission Actions taken on November 10, 1994. [Report from the Planning Department] Following summary by the Planning Director, motion was made by Council Member Hart to schedule Use Permit No. 3517 (Taco Bell drive- through take -out restaurant) for public hearing on December 12, 1994; remaining items received and filed. 6. Priorities for Tidelands Activities. [Memorandum from City Manager] Following summary by the City Manager, motion was made by Mayor Turner to proceed with the discussions on the issues contained in the staff report. Volume 48 - Page 409 MINUTES (24) (68) (68) (5I) CITY OF NEWPORT BEACH COUNCIL MEMBERS yt"��s9�`9� November 14, 1994 CALL • Motion All Ayes • E MINUTES INDEX Ord 94 -55 Zoning (94) PCA 812 Ping Fees Res 94 -97 (40/94) 0/C Life- guard Sub C -2247 (38) ADJOURNED AT 4:00 P.M. TO CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 6:00 P.M. RECONVENED AT 7.00 P.M. Ed Hepner, Member of the ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE, along with Mayor Turner presented awards to the following companies for their efforts to make their businesses responsive to Environmental Concerns: Cannery and Malarkey's Restaurants, Airport Office Center, The Irvine Company, and Le Meridian and Four Seasons Hotels. Awards were also given to Jan Vandersloot for his contribution of 100 new trees and 1000 plants at Cliff Drive Park, and Bo Glover of the Environmental Nature Center. Mayor Turner presented engraved desk clocks to the following CITY HALL VOLUNTEERS in appreciation of their "Spirit of Volunteerism: Helen Wicks, Helen McCrinnon, Jody Capritz, and Marianne McDaniel. Betty Morgan was not in attendance. CONSENT CALENDAR X The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTION - Schedule for public hearing on November 28, 1994: 7. Proposed ORDINANCE NO. 94 -55, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 20.72.010 OF CHAPTER 20.72 AND ADDING SECTIONS 20.87.033 AND 20.87.325 TO CHAPTER 20.87 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING DEFINITIONS FOR A BAR AND A THEATER /NIGHTCLUB (PLANNING COMMISSION AMENDMENT N0. 812). [Report from Planning Department] RESOLUTIONS FOR ADOPTION 8. Resolution No. 94 -97 establishing the application fee for a CONDOMINIUM CONVERSION PERMIT pursuant to Section 20.81.020 of the Newport Beach Municipal Code. [Memorandum from Planning Department] 9. Removed from the Consent Calendar. 10. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS 11. COUNTY LIFEGUARD SUBSIDY AGRHEKKNT/ CONTRACT NO. 2247 - Continue amendment to City's current agreement (for financial assistance) with the County of Orange for Lifeguard Services to December 12, 1994 Council meeting. [Report from City Manager] Volume 48 - Page 410 INDEX Ord 94 -55 Zoning (94) PCA 812 Ping Fees Res 94 -97 (40/94) 0/C Life- guard Sub C -2247 (38) CITY OF NEWPORT BEACH COUNCIL MEMBERS y9'P Cow OFD ��s' November 14, 1994 ROLL CRLL • • • MINUTES INDEX 1994 -95 Sdwlk Crb Gtr Rplcm PH II C -3021 BA -012 (38) Irvn.Av/ 17th St Imprms C -2943 (38) (66) (36) 12. 1994 -95 SIDEWALK AND CURB AND CURTER REPLACEMENT PROGRAM/LIDO ISLE SIDEWALK REPLACEMENT, PHASE II (CONTRACT NO. 3021) /BUDGET AMENDMENT NO. 012 - Authorize execution of a Cooperative Agreement with the Lido Isle Community Association; and approve Budget Amendment No. 012 to increase Capital Projects, General Fund, Sidewalk, Curb and Gutter Replacement Program (General Services) Account No. 7013 P313016A expenditure appropriation by $100,000. [Report from Public Works Department] 13. IRVINE AVENUE AND 17TH STREET/WESTCLIFF DRIVE STREET IMPROVEMENTS (CONTRACT NO. 2943) - Award Contract No. 2943 to Griffith Company for the total bid price of $234,525; and authorize execution of subject contract. [Report from Public Works Department] 14. Removed from the Consent Calendar. 15. PERSONNEL VACANCIES - Report from Personnel Director. 16. CLAIMS - For Denial by the City Manager: Jim Blauer alleging metal trash can was missing at 418 Pirate Road on November 1, 1994 and was told that it was destroyed by General Services Trash pickup; seeking reimbursement. Distinctive Design Concepts alleging property damage as a result of sewer backup at 3641 E. Coast Highway on September 26, 1994. Daniel 6 Dorothy C. Cilcrest alleging City parkway ficus trees have uprooted and cracked shuffleboard nearest to the trees from 1992 to 1994 at 1358 Sussex Lane; seeking reimbursement of $1,350. Mrs. Opal Heydendahl alleging personal injuries as a result of being accidently hit on face and head on July 22, 1994 with metal pipe being used as gate on Balboa Ferry. For resection /late claim of Daniel M. Hodes alleging property damage, etc., as a result of traffic accident when he was waved on by City employee to proceed through the intersection at Route 73 and San Joaquin Hills Road on March 20, 1994. Patricia B. Jones alleging construction project on Hazel Avenue caused plumbing problems at 308 Poppy Avenue in August, 1994; seeking reimbursement of $268.60. Carl Lakawaski, Jr., alleging softball from Bonita Creek Park landed on windshield of vehicle in parking lot on October 18, 1994; seeking reimbursement of $142.17. Jeff Pence alleging City water main broke and caused property damage to building at 3305 Newport Boulevard on October 28, 1994. Volume 48 - Page 411 INDEX 1994 -95 Sdwlk Crb Gtr Rplcm PH II C -3021 BA -012 (38) Irvn.Av/ 17th St Imprms C -2943 (38) (66) (36) ROLL CALL • • • COUNCIL MEMBERS CITY OF NEWPORT BEACH November 14, 1994 MINUTES INDEX ;S ;44) tesub 734 ;84) tesub 998 (84) Cndtl U/P 3122 (88) Encrchm/ Permit (65) Nancy Riley alleging personal injuries as a result of being hit by City vehicle while on her bicycle at Newport Boulevard and Finley Street on September 2, 1994. Tamers Dee Severson alleging false arrest, lost custody of child, damage to reputation on May 12, 1994 as a result of being arrested at Hoag Hospital where she was being treated for injuries she suffered as a result of a fall. State Farm Insurance for Greg James alleging their vehicle was rear ended by City Police vehicle at Pacific Coast Highway and Newport Boulevard on October 4, 1994. For reiection /late claim of Alvina X. Moore Wakeman alleging personal injuries as a result of jogging accident over raised manhole cover in street at Bayside Drive west of Jamboree Road on October 20, 1993. Myra Wortman alleging personal injuries as a result of trip and fall on hole in asphalt at 3333 Pacific Coast Highway on September 25, 1994. 17. PUBLIC HEARING SCHEDULING: November 28, 1994 - To adopt the CITY NON- DISPOSAL FACILITY ELEMENT (NDFE). [Memorandum from General Services Department] 18. RESDBDIVISION NO. 734 - Approve the improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 734; and authorize the City Clerk to release the Faithful Performance Bond (Bond No. 9949555), and release the Labor and Material Bond (Bond No. 9949555) in six months provided no claims filed. [Memorandum from Public Works Department] 19. RESUBDIVISION NO. 998 - Approve a Subdivision Agreement guaranteeing completion of the public improvements required with Resubdivision No. 998; and accept Offer of Dedication of easement for storm drain purposes and Offer of Dedication of easements for pedestrian access across Parcel Nos. 1 and 2 as shown on Parcel Map No. 93 -115. [Report from Public Works Department] 20. CONDITIONAL USE PERMIT NO. 3122 FOR EDGEWATER PLACE DEVELOPMENT (309 PALM STREET, CENTRAL BALBOA) - Authorize the City Clerk to release the Faithful Performance Surety Certificate of Deposit No. 2007270730 (Old No. 20055037778). [Memorandum from Public Works Department] 21. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PROPOSED PRIVATE IMPROVEMENTS AND EXISTING PRIVATE IMPROVEMENTS WITHIN THE SANTIAGO DRIVE PUBLIC RIGHT -OF -WAY ADJACENT TO 2001 CENTELLA PLACE - Approve the application subject to execution of an Encroachment Volume 48 - Page 412 INDEX ;S ;44) tesub 734 ;84) tesub 998 (84) Cndtl U/P 3122 (88) Encrchm/ Permit (65) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Fs Fp November 14, 1994 ROLL CALL • • INDEX GS (44) GS (44) Utilities Yard PH I C -2979 (38) (40) Paramedic Sry Fees (41) Agreement for non - standard improvements (to be recorded); and an Encroachment Permit issued by the Public Works Department. [Report from Public Works Department] 22. PURCHASE OF POLICE VEHICLES - Direct staff to prepare and transmit a Letter of Intent to purchase tan (10) 1995 Chevrolet Caprice police traffic /patrol vehicles ony July 1, 1995 from Wondries Chevrolet at a cost of $202,559.20. [Report from General Services Director] 23. Removed from the Consent Calendar. 24. Removed from the Consent Calendar. 25. SALE OF FIRE TRUCK - Approve recommendation that City Vehicle 2421, a 1970 Mack Fire Engine, be sold to the City of Ensenada, Mexico for the sum of $5,750 (sale to include various small items declared surplus by the Fire Chief). [Memorandum from General Services Director] 26. INTERIM MASS GRADING AND STORM DRAIN RELOCATION UTILITIES YARD PHASE II SITE WORK (CONTRACT 2979) GROUNDWATER DEVELOPMENT PROJECT - Accept the work; and authorize City Clerk to file a Notice of Completion and release the bonds, 35 days after recordation pursuant to applicable provisions of the California Civil Code. [Report from Utilities Department] 27. BUDGET AMENDMENTS BA -009 - Removed from the Consent Calendar. BA -010 - Removed from the Consent Calendar. BA -011, $22,950 - Appropriate funds for the addition of a Community Services Officer position to be assigned to MASSAGE ESTABLISHMENT /TECHNICIAN APPLICANT PROCESSING /INVESTIGATION; Police - Detective Salaries, Misc. Fund. [Refer to report w /agenda item 301 BA -012, $100,000 - Appropriate funds for the 1994 -95 SIDEWALK AND COTTER REPLACEMENT PROGRAM; AND LIDO ISLE SIDEWALK REPLACEMENT, PRASE II; Capital Projects Fund. [Refer to report w /agenda item 12] BA -013, $889,421 - MID -YEAR BUDGET REVISION. [Report from Finance Director] ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No. 9. Memorandum from Fire Chief recommending approval of proposed resolution approving PARAMEDIC SERVICE FEES. Volume 48 - Page 413 INDEX GS (44) GS (44) Utilities Yard PH I C -2979 (38) (40) Paramedic Sry Fees (41) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES S 'GF November 14, 1994 ROLL CRLL TNflFY Fire Chief Riley addressed the Council Paramedic and noted that the Fire Department has Sry Fees been administering the Paramedic Fee Program for 15 months, and are recommending three changes based on this experience as follows: 1) eliminating the specified enrollment period to allow • a resident to join at any time; 2) paramedic membership renewal will occur automatically and not require submission of a new application; and 3) a refund process for those situations where within two weeks of payment notice of cancellation is received. In response to question raised by Council Member Hedges regarding the Fire Medics program, Chief Riley stated that there are approximately 13% of the eligible addresses enrolled in the program at this time, and the annual revenue from this subscription program is estimated at $195,000 for the memberships alone. Ron Hendrickson, 1991 Port Claridge Place, addressed the Council and related a personal experience he had in getting out of the Fire Medics program. He also discussed the proposed recommendations and offered some changes in the resolution. He further noted that in the 1993 -94 Budget, this program was estimated to generate $700,000 in revenue; however, the current projection for this fiscal year is only $420,000, • and he questioned how the number of rescues performed by the Fire Department have remained static for the last seven years, but yet the budget for the costs of this service has increased 50 %. Fire Chief Riley responded to the above remarks regarding termination of the service, payment of a bi- monthly amount for the service, and estimated revenue, and noted that the original staff report regarding the latter concern reflected a potential total enrollment of $700,000. However, this figure was in error, and they have since revised that estimate to $530,000 for the total program, but because they are falling short of this amount, the estimate is now at $420,000 for this fiscal year. The City Manager also pointed out that all Paramedic costs are now included in one division, rather than a portion being in Suppression. Motion x Following discussion, motion was made by All Ayes Mayor Turner to adopt Resolution Res 94 -98 No. 94 -98 with the deletion of the last sentence in Section 1, Purpose. • 10. Report from Assistant City Manager Bds /Cmsns recommending approval of proposed Cmts - resolution amending the BOARDS, O/C Santn COMMISSIONS AND COMMITTEES MANUAL, Dists 5, regarding Council appointments to Joint Governmental Committees - Orange County & 7 Sanitation Districts Nos. 5, 6 and 7. (54) Volume 48 - Page 414 COUNCIL MEMBERS s9y y9,� rGyy y9y� Fs `spy � ROLL CRLL • Motion All Ayes Motion Ayes Noes Motion • CITY OF NEWPORT BEACH MINUTES November 14, 1994 INDEX Res 94 -99 City Clerl Emp1 Cntr C -3025 (38) S/A Rvr Crsgs (74) Council Member Hart referenced Attachment A to the subject report, and recommended the amendment reflect the addition of an Alternate Council Member to all appointees including the Mayor. Council Member Hart discussed the restructuring of the Orange County Sanitation District, and the importance of the City's relationship with this Agency. X Notion was made by Council Member Hart to adopt Resolution No. 94 -99 as amended in the foregoing. 14. Report from Mayor Turner recommending approval of CITY CLERK EMPLOYMENT CONTRACT. Council Member Hedges stated he removed this item from the Consent Calendar not because he was opposed to the City Clerk having a contract, but because of the early retirement annuity provision included in the document. X Notion was made by Council Member Hart X x x x to approve the subject contract as X x written. 23. Report from Pubic Works Department regarding SANTA ANA RIVER. CROSSINGS STUDY /LIST OF TRANSPORTATION IMPROVEMENTS TO BE EXAMINED IN EIR CONSIDERING DELETION OF BANNING AVENUE /19TH STREET AND CARFIELD /GISLER. Mayor Turner stated he removed this item from the Consent Calendar due to a possible conflict of interest, and therefore, Mayor Pro Tem Watt took the Chair. X Motion was made by Council Member Hart to approve the recommended action. The Public Works Director summarized this item as enumerated in his report noting that the cities of Costa Mesa and Huntington Beach have requested that the Master Plan of Arterial Highways be modified to eliminate two crossings at the Santa Ana River, 1) Garfield Avenue /Gisler Street and 2) Banning Avenue /19th Street. As a result, a Technical Advisory Group was formed and have come up with a list of alternatives recommended to be evaluated in the EIR which will be worked out over the next few months. The concerns of Newport Beach if the bridges are eliminated, particularly the 19th Street /Banning Bridge, is that due to the build -out time frame for traffic projections, the trips on Coast Highway in West Newport area would be increased 20 %. It would also increase traffic on Superior Avenue and impact several intersections in that area. He discussed the proposed alternatives, and recommended the City Volume 48 - Page 415 INDEX Res 94 -99 City Clerl Emp1 Cntr C -3025 (38) S/A Rvr Crsgs (74) COUNCIL MEMBERS 0 CITY OF NEWPORT BEACH is Ayes x x x x x Abstained x November 14, 1994 Manager be authorized to notify the Orange County Director of Transportation that the City concurs with the list of transportation improvements to be examined in the EIR considering deletion of the bridges and advise the County to move ahead with the EIR process. Council Member Debay stated that if 19th Street is deleted, the traffic that is coming from Huntington Beach and going to Triangle Square or the 55 Freeway will have to use PCH and Superior Avenue rather than crossing at 19th Street and will account for the increased traffic in that area. This also means that the newly widened PCH will now have to be widened again, and the new bridge built across the Santa Ana River will also have to be rebuilt and widened; as a result, taxpayers dollars will be increased. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding traffic in general. Will B. King, former resident of Newport Beach, addressed the Council in support of the bridges. Peter Tarr, 5023 Lido Sands, addressed the Council and stated that traffic patterns will develop over the next 20 years, and as the other cities surrounding Newport Beach build out to their design maximum, accurate studies are necessary, or decisions will be made on incomplete data. Therefore, he urged approval of the recommended action. Motion made by Council Member Hart was voted on and carried. Mayor Turner resumed the Chair at this time. 24. Report from the General Services Director recommending denial of APPEAL BY MKS. LILLIAN LUMPKIN AT 1314 E. BALBOA BOULEVARD FOR TREE REMOVAL. Lillian Lumpkin, 1314 E. Balboa Boulevard, addressed the Council in support of her appeal to have the Ficus Nitida removed from the parkway due to the excessive berry droppings. She stated that the berries permanently stain the sidewalk and auto paint, and make the sidewalk slippery for anyone using it. She displayed photographs of the tree showing the stained sidewalk, as well as plumbing invoices as a result of clogged sewer lines due to the tree roots. In closing, she stated she is willing to pay for the tree's removal and replacement. Volume 48 - Page 416 MINUTES /A Rvr rsgs 44) /Lump- COUNCIL MEMBERS SF �'P ��s ROLL CRLL *n Ayes Noes Motion Ayes Noes • • CITY OF NEWPORT BEACH MINUTES November 14, 1994 WIN* (40) BA -009 BA -010 David Niederhaus, General Services Director, stated that if the tree were removed, he felt it would set a precedent inasmuch as there are 3200 similar Ficus trees throughout the City. X Following discussion, motion was made by Council Member Hedges to uphold the subject appeal with the understanding that the Lumpkin's pay for the removal and replacement of the tree. Mayor Turner spoke against the motion indicating he felt the Parks, Beaches 6 Recreation Commission and General Services Department should consider alternate tree plantings in the area of the Lumpkins, including the area around Main and Balboa Boulevard. X x The motion was voted on and FAILED. X x x x X In view of the foregoing, motion was x x x x made by Mayor Turner to approve the recommended action on the agenda and X x deny the subject appeal. 27. BUDGET AMENDMENTS EA -009, $21,600 - To provide for increasing the NEWPORT BEACH PUBLIC LIBRARY Revenue Estimates as a result of gifts from Friends of the Newport Beach Public Library and Literacy Volunteers of America and AVCO Financial Services. BA -010, $15,000 - Increase the Newport Beach Public Library Revenue Estimates for the purchase of books and other LIBRARY MATERIALS; Library - Special Department Expenses Fund. Council Member Hart stated she removed these items from the Consent Calendar because she wanted to express her appreciation to the Friends of the Library for their dedication, support, and involvement in the many Library activities. Novell Hendrickson, 1991 Port Claridge Place, addressed the Council and asked for a breakdown of how much money was raised by each of the three groups mentioned in the above. Also, she asked if these funds are put into the General Fund, could they be used for non - related Library items? The staff noted that when a contribution is given to the Library, the City Librarian then appropriates that money to an account for Library purposes. Mrs. Hendrickson was assured that it is not the City's intent to shift any monies received for the Library in order to use it for some other purpose such as Public Works, etc. Volume 48 - Page 417 WIN* (40) BA -009 BA -010 ROLL • Motion All Ayes 0 • COUNCIL MEMBERS x CITY OF NEWPORT BEACH November 14, 1994 Dennis Danner, Finance Director, stated that when a budget amendment is prepared, there is always two sides to it, i.e., revenue and appropriations. In the above two amendments, the appropriations are being increased specifically for the Library. LaDonna Kenitz, City Librarian, in response to Ms. Hendrickson's inquiry regarding the breakdown of the three groups mentioned in Budget Amendments BA -009 and 010, advised that the Friends of the Library are being credited with $20,000 into account 010 -5901, Contributions (BA -009), for $15,000 into account 010 -5901 (BA -010), the Literacy Volunteers of America was credited with $1,100 into account 010 -4830, (Literacy Services); and AVCO Financial Services with $500 into account 010 -4830 (BA- 009). In view of the foregoing comments, and no further discussion, motion was made by Mayor Turner to approve Budget Amendments BA -009 and BA -010. 28. Mayor Turner opened the Continued public hearing regarding proposed ORDINANCE NO. 94 -48, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING 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 BOISE 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). Report from Planning Department. Patrick Alford, Senior Planner, reported that the item under consideration is the reintroduction of Ordinance No. 94 -48. This ordinance was first introduced and set for hearing on September 24, 1994, with the second reading of the ordinance set for October 24, 1994. However, the City Council directed staff to return with additional information and potential methods of controlling noise from air - conditioning equipment and leaf blowers. He outlined the options for addressing HVAC noise, as well as leaf blowers as set forth in his report. Luvena Hayton, 235 Poppy Avenue, addressed the Council and stated that more and more people are leaving the State because of noise, crime and pollution. She stated why she uses a broom and rake rather than a leaf blower to clean up leaves, etc., and in closing, urged that gasoline leaf blowers be banned throughout the City. Volume 48 - Page 418 MINUTES 94 -48 (94) CA 807 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y`�°c VF� November 14, 19'94 ROLL CRLL INDEX Dickson Shafer, 232 Evening Canyon Road, Noise Ord addressed the Council regarding the point of impact for measuring noise levels; stated he felt that the current ordinance has more "teeth" in it than what is being proposed, and urged the Council to not ban the existing • measuring method. He stated he was also concerned with accepting the manufacturer's specifications with respect to noise which he does not think is always valid. He further felt that Section 20.10.045 of the Municipal Code is a simple, straight - forward rule and should not be "watered- downed." In response to question raised by Council Member Debay, Mr. Shafer stated that his neighbor has two air - conditioning units in his side yard 10 feet from his dining room window, which run almost day and night and the noise is approximately 60 dBa. Vince Mestre, City's Noise Consultant, addressed the Council and discussed measurement location and enforcement. He also stated that the ordinance under consideration is substantially different from the original draft and is more restrictive in that the measurement location has been defined. He commented that the sound rating numbers that manufacturers apply to their equipment are a standard laboratory test method, are very precise measurements. It is • recommended that a review of the equipment be done prior to installation, and when the equipment does not meet the levels projected by the manufacturer's numbers, It almost always is the result of improper installation. Council Member Hart referenced a FAX she had received from William Patrick of Flintridge Landscape Company regarding the various types of leaf blowers available and their noise levels, wherein, Mr. Mestre stated he would like to review the information as he has not seen the manufacturer's data. Council Member Debay discussed with staff the procedure for obtaining a City permit for installation of air - conditioning equipment, the bel rating and anticipated dBa. Gordon Graham, 429 Via Lido Soud, Heating and Air Conditioning Contractor, addressed the Council and stated that under current City regulations, if an air - conditioner is located 10 feet from the property line, the City does not require any sound projection and the equipment is allowed to be installed. If • the equipment is put closer than 10 feet to the property line, they have a set of engineering data that predicts sound levels based on the fact that if they select certain equipment and sound barriers are put in between, they can Voluse 48 - Page 419 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES S�S y9'P FS 9G� �A November 14, 1994 ROLL CALL Q100 maintain the 55 dBa at the property Noise Ord line; however, this must be certified before they can obtain a permit. He distributed brochures to the Council relative to sound information. • Lucille Kuehn, 1831 Seadrift Drive, addressed the Council in opposition to the use of mechanical leaf blowers. She stated that she has "outlawed" the use of these blowers at her home because the exhaust from the blower marred the stucco on her house and she had to have it repainted. She stated she uses a rake and broom to keep any debris from going into the bay, and urged the Council to join with the Cities of Beverly Hills, La Jolla, and Carmel in banning mechanical leaf blowers throughout the City. Jim Zager, 208 Hazel Drive, addressed the Council regarding air - conditioning noise, and suggested the City grandfather in air - conditioning units which have already been installed in accordance with current City regulations. He stated that most people do not use their air - conditioners on a daily 24 -hour basis, but only during the very warm summer months. John Sipple, 452 Seaward Road, addressed the Council and discussed the proposed Noise Ordinance as it relates to air- conditioning equipment and noise levels. He stated he had a meeting with the Planning Director, Gordon Graham, and Patrick Alford, and indicated that if the ordinance is adopted as written, it will only open the City to .a lawsuit because the 55 dBa requirement is not achievable. He also discussed the procedure of converting dBa ratings to bel ratings. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that he has a personal interest in noise because of the three restaurants he owns, and makes a concentrated effort to keep his noise levels within those businesses so as to not disturb adjoining properties. Dan Burgnor, 550 -C Newport Center Drive, addressed the Council and stated he oversees the management of six shopping centers in the City which have over 120 businesses, and the proposed Noise Ordinance directly affects the cost of operating the centers by not allowing the use of mechanical leaf blowers until 9:00 a.m. He stated the proposed new • hours of operation will prevent cleaning of the parking lots because vehicles will already be parked in the lots. He urged that the Council not change the current 8 a.m. starting time and that he be given an opportunity to meet with Volume 48 - Page 420 COUNCIL MEMBERS Fs s°tiF � �- ROLL CALL • • Motion All Ayes X CITY OF NEWPORT BEACH November 14, 1994 City staff to further discuss this issue. He also noted that if a broom were used instead of a leaf blower, he estimates it would increase the man hours 5 to 10 -fold, and that hosing down the debris has proven not that effective. Mike Wells, 2548 Westminster Avenue, Costa Mesa, addressed the Council and stated he is a Landscape Contractor who operates in Newport Beach and is against any total ban on the use of leaf blowers. He stated that if blowers are used properly by trained operators, they will conform to required noise levels set by the City. He stated that blowers are a labor- saving device, and if banned, there will be an increase in water usage. Jan Walchi, 219 Goldenrod Avenue, addressed the Council in opposition to the use of mechanical leaf blowers and cited the health problems related thereto. She also stated that the City of Laguna Beach has banned the use of leaf blowers in their City, and suggested Newport Beach do the same. Nan Morriseau, 77 Montecito, addressed the Council in opposition to the use of mechanical leaf blowers, stating she felt they are a public nuisance in that they cause health hazards relative to pollution, clog City street drains, etc., and felt it is incumbent upon the Council to ban their use throughout the City. She also stated that this is the third Council meeting in which this item has been discussed; and urged that final action be taken at this time. Madeline Arakelian, Ocean Boulevard, addressed the Council and spoke in support of the gardeners who use leaf blowers as their livelihood, indicating she felt that some people are taking this issue: to the extreme. Following discussion, motion was made by Mayor Turner to approve the draft Ordinance relative to air - conditioning equipment as recommended by the Planning Commission on handwritten page 6 of the staff report, Items 1 through 6. Council Member Debay stated she will be supporting, the motion based on the testimony given this evening. Council Member Sansone asked Mayor Turner if he would amend his motion to include that the sound measurement be taken at the top of wall, to which Mayor Turner commented that he would be agreeable if the maximum height does not exceed 6 feet on the top of the wall. The motion, as amended, was voted on and carried. Volume 48 - Page 421 MINUTES Q'If * Ord CITY OF NEUORT BEACH COUNCIL MEMBERS MINUTES '!9 ti9 `o �FS �� 9� November 14, 1994 ROLL CALL INDEX Orion x Motion was made by Mayor Turner to Noise Ord restrict the use of mechanical leaf blowers between the hours of 5 p.m. and 8 a.m. Mayor Pro Tem Watt suggested the hours of operation be changed on Sundays from • 12 Noon to 5 p.m. otion x Substitute motion was made by Council Member Sansone to prohibit gasoline powered ]Leaf blowers in residential areas, or within 200 feet of a residential area, but that they be allowed in commercial areas between the hours of 11 a.m. and 5 p.m. In response to a question raised by Mayor Pro Tem Watt regarding the noise level from electrical or battery operated leaf blowers, Mr. Mestre stated that he measured an electrical leaf blower last week which measured 65 dBa at 50 feet. The battery operated leaf blower measures about 55 dBa. Following discussion, Council Member Sansone withdrew the part of his motion relative to commercial areas. otion x Mayor Pro Tem Watt moved a second substitute: motion to prohibit gasoline .yes x x x x x powered leaf blowers in residential oes x areas, or within 200 feet of a residential area, but that electrical or battery powered leaf blowers be allowed • between the hours of 8 a.m. to 5 p.m. in residential areas, which motion carried. In view of the foregoing action, it was indicated that there are no restrictions in commercial areas for gasoline powered leaf blowers. . otion x Motion was made by Council Member Hart .11 Ayes to reintroduce Ordinance No. 94 -48 as amended, and pass to second reading on November 28, 1994. 29. Mayor Turner opened the public hearing concerning: A. General Plan Amendment 94 -20) - GPA 94 -2(. Request to consider an amendment (45) to the General Plan Land Use Element so as to increase the development limit in Fashion Island by 266,000 square feet; and the acceptance of an Environmental Document; and B. General Plan Consistency Find inrz - Request for a finding of General Plan Consistency allowing a transfer of 30,000 square feet of • Retail and Service Commercial entitlement from Bayview Landing to Fashion Island as provided in the General Plan Land Use Element; and Volume 48 - Page 422 COUNCIL MEMBERS CflLL • • • CITY OF NEWPORT BEACH November 14, 1994 C. Plaffiine Commission Amendment No. 811 - Request to amend the Planned Community District Regulations for Fashion Island to increase the development limit by 309,550 square feet to allow construction of the 266,000 square feet addressed in GPA 94 -2(B), 30,000 square feet transferred from Bayview Landing, and 13,550 square feet previously transferred from the Pac Bell site; and D. Traffic Study No. 95 - Request to approve a traffic study to allow an additional 266,000 square feet in the Fashion Island Planned Community not previously vested pursuant to the provisions of the Traffic Phasing Ordinance. The City Clerk advised that after the agenda was printed, a Supplemental Report was prepared by the Planning Department as well as a Memorandum from the Economic Development Committee. Patricia Temple, Advance Planning Manager, stated that the project under consideration would allow the expansion of Fashion Island within Newport Center, and outlined the applications above (A through D) . She stated that the proposed project came about as a result of a direction of the City Council to explore the possibility of a Fashion Island expansion with The Irvine Company. As a result, staff and representatives of The Irvine Company have worked at great length to develop a project description to meet their needs and fall within all of the General Plan criteria and ordinances of the City, and the project now before the Council meets all those requirements. A fiscal impact analysis was also prepared for the project, and the intent of the study was to assess the potential impacts the expansion of Fashion Island may have on existing commercial developments in the City. The study findings are summarized as follows: 1) The total sales tax generated by the expansion is projected at $75 million per year, and would translate to $750,000 annually in City revenue. 2) The new sales activity at Newport Beach would be derived primarily from other existing retail centers in the County, most notably South Coast Plaza, Crystal Court, Brea Mall and Main Place Santa Ana. 3) Other components of sales derivation are other out -of -area sales in Orange County including Newport Beach. Volume 48 - Page 423 MINUTES 141111 { 811 Stdy CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s��p��� S' %F �y November 14, 1994 ROLL CALL INDEX 4) The competitive impact in the GPA 94 -2(= eight commercial districts in Newport Beach identified was estimated at 1 -1/28 and that adverse impact would be partially offset by new additional sales generated by new shoppers in Newport Beach. Ms. Temple referenced the Supplemental Staff report which contains an additional response to a comment received this afternoon from the City of Costa Mesa. Additionally, a typo- graphical error was noticed in the proposed resolution approving Amendment 811 on handwritten page 170, wherein the entitlement number in the second line should read 1,633,850 gross square feet. In response to question raised by Mayor Pro Tem Watt regarding the proposed parking plan, Ms. Temple stated that this is the most technically complicated issue related to the expansion, and she felt that the staff has come up with a program that would allow for the optimal use of existing parking resources in Newport Center as a whole, but still providing; the City with a fail safe mechanism should the use of some of these more creative parking strategies not prove effective. She also noted that these mechanisms would be used for very limited and discreet periods of time, most specifically peak seasonal • use times such as the Christmas Holidays, and tend to be only a few days per year„ The use of seasonal parking programs is done in South Coast Plaza, as well as other centers in the County, and for the limited amount of time and with sufficient enforcement, they have proven to be effective. Joe Foust, Consultant for the Traffic Phasing Ordinance, addressed the Council in response to a question raised by Mayor Pro Tem. Watt regarding traffic counts and how they are measured, and stated that City staff conducts traffic counts for the City's Traffic Phasing Ordinance every year and about one -half of the intersections are counted every other year. If there is an economic change in the community, it is reflected in those traffic counts. In response to question raised by Council Member Hart regarding the construction date for commencing work on MacArthur Boulevard, the Public Works Director stated that construction on the two intersections on MacArthur Boulevard at San Joaquin and at San Miguel will begin in the Spring 1995, and should be • completed prior to the completion of Fashion Island. Volume 48 - Page 424 COUNCIL MEMBERS yF �G���� W\4-\_ ROLL CALL • CITY OF NEWPORT BEACH November 14, 1994 Tom Redwitz, Vice President, The Irvine Company, addressed the Council and complimented the staff for their diligence on this project; commended the City for taking a pro- active position to maintain its high quality of life; and stated the municipal revenue is a vital component of that, and in this era of declining revenues, they believe that Fashion Island should do more and can do more to contribute to the economic health of the City. Currently, Fashion Island generates approximately $2.5 million annually to the City in sales tax revenue, and as noted in the staff report, the expansion could generate an additional $750,000 in sales tax revenues. That amount is equivalent to 10 police officers per year or the cost to maintain the 21,000 public trees throughout the City. Approval of the proposed General Plan Amendment will allow Fashion Island and the City to effectively compete in attracting high quality retailers to the City. They have reviewed the staff report and concur in the recommendations and findings. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding the proposed parking plan and parking requirements for the expansion at Fashion Island, and stated in order for the City to compete with South Coast Plaza, they need more square footage. He also discussed traffic on Bristol Street near South Coast Plaza. Rush Hill, Chairman of the Economic Development Committee, addressed the Council and offered their support for the proposed project at Fashion Island. He stated he would like to share their enthusiasm with the City in keeping it as a top priority, and thanked the staff for moving this development forward. The Economic Development Committee looks at this project as a very strategic move on the part of the City in the sense that it allows the City to stop the loss of revenue to competing regional centers, while it allows the City the opportunity to greatly enhance its revenues. They believe the proposed expansion is a public /private win -win situation, and they urge the Council's continued support for this important project. Will B. Ring, Costa Mesa resident, addressed the Council and spoke in support of the proposed project stating he felt it was a positive move for the City. Richard Luehrs, President, Newport Harbor Area Chamber of Commerce, addressed the Council and urged approval of the proposed expansion as presented. He stated the estimated revenue this project will generate was referenced earlier; parking and mitigation Volume 48 - Page 425 MINUTES 94 -2( COUNCIL MEMBERS y�� S� �9�r t,P SpT F- f ROLL CRLL • ,lotion • X CITY OF NEWPORT BEACH MINUTES November 14, 1994 measures have already been addressed, PA 94 -2(B and the addition of a major retail tenant could have a significant effect on the entire retail component at Fashion Island, and for these reasons, the Chamber supports the project. Hearing no others wishing to address the Council, the public hearing was closed. Motion was made by Mayor Turner to take the following actions: (a) Adopt Resolution No. 94- Res 94 -100 100, adopting CPA 94 -2(B), and certifying the Environmental Document; and (b) Adopt Resolution No. 94- Res 94 -101 101, making a Finding of General Plan Consistency for the transfer of 30,000 sq. ft. of retail commercial development from Bayview Landing to Fashion Island; and (c) Adopt Resolution No. 94- Res 94 -102 102, adopting amendments to the Planned Community District Regulations and Development Plan for Fashion Island (Planning Commission Amendment 811); and (d) Sustain the action of the Planning Commission on Traffic Study No. 95. Mayor Pro Tem Watt stated_ she will support the motion, however, she typically does not "embrace" the idea of allowing more square footage which increases traffic, congestion, etc., but she is in favor of increasing the City's profitability at this point in time, and this is a project she can get excited about, particularly if Bloomingdales decides to locate at Fashion Island. She also felt that the City must increase its profitability and survival of the older commercial and retail areas of the City. Council Member Hedges noted that this project idea came about initially as a result of the City Council's strategic workshop held approximately one year ago; he also emphasized the need to give attention to the older areas of the City as their problems are much different than that of Fashion Island as well as their potential; further, economic development is another issue that also came about as a result of the workshop, and he felt this was a tremendous opportunity for retailers to locate in one of the most premiere resort areas in the world. Volume 48 - Page 426 COUNCIL MEMBERS • All Ayes • CITY OF NEWPORT BEACH November 14, 1994 The City Attorney recommended the following findings be approved in connection with Mayor Turner's motion: (1) That the Initial Study for the project identified potentially significant impacts related to earth conditions, air quality, water runoff, noise, light and glare, land use, transportation and parking, utilities and service systems, aesthetics and cultural resources; (2) That the project evaluated in the Initial Study was revised through the incorporation of mitigation measures prior to the release of the Noise Ordinance for public review; (3) That the revisions to the project and incorporated mitigation measures either avoid potentially significant efforts or mitigate those effects to a point where clearly no significant effect on the environment would occur; (4) The City Council has reviewed the entire record, including comments received from the City of Costa Mesa on November 14, 1994, and concludes there is no substantial evidence in the record that the project, as revised, may have a significant effect on the environment; (5) That the Negative Declaration and related environmental documentation reflects the independent judgment of staff and was reviewed and considered by the Planning Commission prior to their adoption of resolutions recommending approval of the project; (6) That the Negative Declaration has been prepared in compliance with the provisions of CEQA and the CEQA guidelines; and (7) The project has no significant impact on the natural resources subject to the regulatory control of the Department of Fish and Game. The motion was voted on and carried. Volume 48 - Page 427 MINUTES INDEX A 94-2(f CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES November 14, 1994 ROLL CALL INDEX PUBLIC COMMENTS 1. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and expressed appreciation for the opportunity to speak at City Council meetings and the courtesy extended to • the public in this regard. He complimented the City Council on their past accomplishments and indicated he looks forward to working with the new Council Members. He also discussed the traffic design of Bristol Avenue in Costa Mesa near South Coast Plaza. ORDINANCES FOR ADOPTION 30. Proposed ORDINANCE NO. 94 -54, being, Ord 94 -54 Massage AN ORDINANCE OF THE CITY COUNCIL Estb OF THE CITY OF NEWPORT BEACH ('27) AMENDING CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO MASSAGE ESTABLISHMENTS. Recycled report dated October 24, 1994 from Police Chief w /memorandum from Revenue Manager. Jim Jacobs, Commander of the Detective Division, addressed the Council and stated that when the subject ordinance was introduced on October 24, some concerns were expressed regarding holistic health care provisions. • Subsequent to that meeting, the Revenue Manager, Assistant City Attorney and he met with several representatives of the holistic health care business, and he was impressed with their concern about legitimatizing the massage profession. He felt they reached an almost unanimous consent that the proposed ordinance is a good first step, and therefore, he urged the Council to adopt the ordinance and the fee resolution as recommended. In response to concerns expressed by Council Member Hart as to whether or not the City was taking the right approach in adopting the proposed ordinance, following comments by Mr. Jacobs, the City Attorney stated that the City has adopted a comprehensive massage establishment ordinance with substantial changes after various meetings with legitimate massage therapists. The City cannot regulate prostitution because that is in the purview of State law. He would also recommend against "lumping" adult entertainment activities with massage establishments, inasmuch as there are some practitioners who provide • a valuable service to the public. He does agree that the City must continue to refine its ordinance, and continue to work with the massage therapists in an attempt to get their concerns resolved. Volume 48 - Page 428 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES s� 49.� rG�y � S � November 14, 1994 ROLL CRLL INDEX Council Member Sansone stated he would Massage like to recommend some changes in the Estb proposed ordinance prior to taking public testimony as follows: Page 2, G -1, third line to read: specialty approach, and has passed • a National Certification, Page 2, G -2 (a) to read: 500 hours of instruction in a massage specialty in a school certified by the State Department of Health with a State approved curriculum, or, in the alternative. Page 23, 5.50.065 Exemption; Existing Permittees, line 6 to read: chiropractor, osteopath or holistic health practitioner duly licensed to practice their respective . . . Council Member Sansone stated he also felt the ordinance should include a definition of National Certification Examination. In response to question raised by Mayor Turner regarding massage certification, Glen Everroad, Revenue Manager, stated that the State Board of Education does certify private post- secondary educational institutions, and that the City Council in 1986 imposed a requirement that massage technicians • graduate or have training of 100 hours, which was increased to 300 hours in 1988, from a certified California institution. Sharon Norton, President, American Massage Therapy Association, Laguna Beach, addressed the Council and explained how the National Certification Examination came about initially, and stated that this particular test is the only one in their industry that has been certified and is a landmark step for those in the massage therapy business. She expressed appreciation to the staff and Council for developing the proposed ordinance, and stated if adopted, Newport Beach will be the first City in the County to adopt such an ordinance relative to holistic health practitioners. Alma Carroll (no address given) representing holistic health practioners, addressed the Council and stated they are very impressed that the City is taking a step towards separating the difference between the legitimate and non - legitimate massage therapy establishments. She also felt there • should be a time -limit provision in the ordinance to comply with the requirement of the National Certification Examination. volume 48 - Page 429 COUNCIL MEMBERS 'P ��s� ROLL CRLL 4� r �J • • CITY OF NEWPORT BEACH November 14, 1994 John Black, Chairman, Legal Issues Committee, California Federation of Massage, 4001 Birch Street, Suite D, addressed the Council and distributed a handout containing recommended changes to the proposed ordinance which he outlined. In response to the above suggestions, the City Attorney advised that he was not comfortable in amending the proposed ordinance at this time, but would review Mr. Black's recommendations with the staff for possible future revisions. Mr. Jacobs referenced Council Member Sansone's suggestion to exempt holistic health practitioners, and indicated that inasmuch as they are not licensed by the State such as chiropractors, osteopaths, etc. , the ordinance should be adopted as written. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed the massage parlor he has as a tenant, and stated he felt it was time the City recognized the legitimate massage businesses. Reinhard Arnold, Vice President, Massage Therapy Association, 3812 Hamilton Avenue, Irvine, addressed the Council and thanked them for their sincere efforts in developing the proposed ordinance, and urged its adoption. Glen Everroad, Revenue Manager, referenced Council Member Sansone's remarks regarding expanding the holistic health practitioner definition and applying the exemption provisions of the proposed ordinance to that particular classification. He stated that the City is treading on new ground in this instance; there is no other City in the State with the exception of Sunnyvale that has defined holistic health practitioners, and to provide an exemption for this classification, in his opinion, would be a bold step. He felt it would be most inappropriate to pursue exempting this classification without the benefit of first having an established criteria. The staff has struggled to distinguish holistic health practitioners from adult entertainers, and the holistic health practitioner provision does start the process in separating the two in the ordinance. If an exemption is made at this point, he felt it would "muddy the waters very quickly." The City Attorney stated he felt the proposed ordinance is a step in the right direction, but not the final step inasmuch as the staff needs to know more about holistic health practitioners. He stated he is committed to ongoing dialogue with the industry to deal with the issues. Volume 48 - Page 430 MINUTES COUNCIL MEMBERS �F�� s92 y9 -P CRLL men All Ayes • Motion X X CITY OF NEWPORT BEACH Motion x Ayes x x No x x x x All Ayes November 14, 1994 Following discussion, it was indicated by the City Attorney that the suggestions made by Mr. Black and Council Member Sansone could be reviewed and a recommendation be brought back to the Council in approximately 30 days. In view of the foregoing, motion was made by Mayor Turner adopt Ordinance No. 94 -54, as written and adopt Resolution No. 94 -103 setting fees for MASSAGE PERMITS AND RENEWAL OF MASSAGE PERMITS PURSUANT TO CHAPTER 5.50 of the Newport Beach Municipal Code and rescinding Resolution No. 91 -70; and approve Budget Amendment No. 011 for addition of a Community Services Officer position. 31. Proposed ORDINANCE NO. 94 -53, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 15.06.110 TO CHAPTER 15.06 OF TITLE 15 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING ELECTRICAL VEHICLE CHARGING CIRCUITS. Recycled report dated October 24, 1994 from Building Director. Ray Schuller, Building Director, addressed the Council and stated that since the last meeting, staff has met with representatives of Southern California Edison Company and were informed that 1996 is the anticipated year of sales and deployment of electrical vehicles, and the federal requirements are in place to say that 2% of all vehicles that are sold have to be electric vehicles. The proposed ordinance would require that all new dwellings for which a permit application was submitted after January 1, 1995, shall be provided with a raceway from the service panel to an outlet box in the garage that is dedicated for the future electric vehicle charging circuit. The cost to provide proper electrical service for EV charging is negligible at the time of construction compared to the cost to retrofit. Following discussion, motion was made by Council Member Hart to not adopt the proposed ordinance, but to direct staff to make this information available on a voluntary basis to all individuals who are planning to construct a home, condo, housing tract, etc. Mayor Pro Tem Watt stated that inasmuch as Council Member Cox requested this ordinance be presented to the Council, but could not be in attendance at this meeting, she will move a substitute motion to adopt Ordinance No. 94 -53 as written, which motion FAILED. The original motion made by Council Member Hart was voted on and carried. Volume 48 - Page 431 iTw",11 11 %� Estb INDEX 94 -10 Ord 94 -53 Elec Chrg Vehicle (26) COUNCIL MEMBERS ROLL CRLL��s9y�y�9�� ��yq�� ��f CITY OF NEWPORT BEACH November 14, 1994 MINUTES (62) 7 CURRENT BUSINESS 32. Report from Community Services Director regarding APPROPRIATION OF IN -LIKU PARK FEES. • It was noted that on October 24, 1994, the City Council approved expenditures of $175,000 from In -Lieu Park Funds for construction of Bolsa Park. Council Member Hedges requested that further action be deferred until residents in his service area had the opportunity to provide input. Therefore, consideration of the other recommendations were carried forward to this meeting and are as follows: 1. Approve the recommendation of the Parks, Beaches and Recreation Commission for the commitment of the In -Lieu Park Fees: Upper Castaways $1,000,000 Newporter North/ Newporter Knoll 225,000 Site Planning for CIOSA parcels designated as Community and View Parks 50.000 Total $1,275,000 2. Approve the following budget amendment for expenditure of In- • Lieu Funds totaling $120,000: $50,000 for Site Planning Consultant for CIOSA parcels designated as Community or View Parks, and $70,000 for Architectural Design of Upper Castaways Park. In response to question raised by Council Member Debay regarding the linear park near Hoag Hospital, LaDonna Kenitz, Community Services Director, stated that when the Parks, Beaches 6 Recreation Commission considered the proposed park, it was placed on Priority B (to be developed when funds become available), because of litigation, but since that time it is their understanding those legal issues have been resolved. Council Member Debay stated she did not want to vote for anything tonight that would take away the money for the proposed linear park near Hoag Hospital. • Council Member Hedges stated that there is also a number of people, based on Council action on October 24, who are working on the allocation of In -Lieu Park Fees for Service Area 2. Volume 48 - Page 432 (62) 7 CITY OF NEWPORT BEACH COUNCIL MEMBERS yF` y9� November 14, 1994 IFS ROLL CALL Motion M n yes 11001W INDEX In -Lieu Park Fees BA -014 4 X Following discussion, motion was made by Mayor Turner to approve the recommenda- tion of the Parks, Beaches and Recreation Commission for the commitment of the In -Lieu Park Fees. X Substitute motion was made by Council Member Hedges to approve Budget Amendment (No. 014) for expenditure of In -Lieu Funds totaling $120,000 for Site Planning Consultant and Architectural Design as recommended in the staff report. Meeting adjourned at 11:45 p.m., in memory of SAM BOYCE, founder of Street People In Need (SPIN), who passed away on October 30, 1994; and Richard Sutherland, long -time resident of Newport Beach who passed away on October 21, 1994. Meeting further adjourned to 3:00 p.m., November 21, 1994 for SWEARING IN CEREMONY FOR NEWLY ELECTED COUNCIL MEMBERS. The agenda for this meeting was posted on November 9, 1994 at 4:30p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. 9r Mayor ATTEST: SEW Pok. O City Clerk Y qtr FQw�� Volume 48 - Page 433 INDEX In -Lieu Park Fees BA -014 4