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HomeMy WebLinkAbout10/24/1994 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS REGULAR COUNCIL MEETING yF� PLACE: Council Chambers Fs F� {- TIME: 2:00 P.M. DATE: October 24, 1994 ROLL CRLL Present Excused Motion All Ayes i on A 1 Ayes Motion All Ayes Motion All Ayes C] • MINUTES x x x x x x ROLL CALL x x Reading of Minutes of Meeting of October 10, 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 LIEF STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: None. COUNCIL COMMITTEE REPORTS - For discussion /action: X 1. Environmental Quality Affairs Committee Minutes of October 3, 1994, were received and filed. x 2. Underground Utilities Coordinating Committee Minutes of September 28, 1994, were received and filed. Discussion ensued regarding Pacific Bell taking more time than perceived in providing .the City with necessary engineering plans and the inability of the Public Works Department to expedite matters, wherein Mayor Turner suggested he draft a letter to the phone company in an effort to expedite receiving Pacific Bell's final cost estimates for the proposed special assessment districts. 3. Harbor Quality Committee - Minutes of September 8, 1994 and October 13; and Discussion of the IRWD Proposed Reclaimed Water Project. Mayor Pro Tem Watt stated that at the last Harbor Quality meeting they had a lengthy discussion regarding Irvine Ranch Water District's proposal and the several options for Council to take regarding the proposed two -year Wetlands Demonstration Project. Nancy Skinner, 1724 Highland Drive, Member, Harbor Quality Committee, introduced herself and her husband John, stating that they have been interested in water quality issues in Newport Bay for the past nine years. She advised that the project before Council today is a Negative Declaration that has been circulated by the Irvine Ranch Water District (IRWD), who have extended the time for input and continued the open public meeting until the 21st of November. This still gives the City of Newport Beach time to have a say about this particular Negative Declaration. The Negative Declaration is talking about a project that will allow IRWD, Volume 48 - Page 378 INDEX (24) (24) (24) COUNCIL MEMBERS t^s soya 'P ROLL CRLL u • CITY OF NEWPORT BEACH October 24, 1994 if passed by the Santa Ana Regional Water Quality Control Board, ultimately to discharge up to six million gallons a day of reclaimed water from the reclamation plant at San Diego Creek, through some duck ponds and then into the creek above Campus Drive/University Avenue resulting in runoff as a discharge into Upper Newport Bay. The Negative Declaration did not address any impacts on Upper Newport Bay and this was brought to their attention, as the City is concerned about what is in the Bay and not the Creek. Mrs. Skinner urged that the Council oppose the project outright because it will add up to 278 more nitrates into the Bay which is the cause of the excess algae in the Bay, or request that IRWD prepare a complete EIR and disapprove the Negative Declaration. John Skinner, 1724 Highland Drive, displayed an enlarged picture taken last week of the Dunes showing significant algae in October as a result of the nitrate loads. He added that if the Wetlands Demonstration project is implemented there could be 1,000 pounds of new nitrates per day from a new point source entering the Bay. Although IRWD states this is a short -term project, their ultimate goal is to have some way of disposing, in years to come, the amounts of reclaimed water that they are not able to sell in the winter time. IRWD argues that the planned discharge program is in the winter time so it shouldn't really cause much trouble to the Bay. Mr. Skinner displayed an enlargement of a photo taken in January of 1986 when IRWD and the nurseries were discharging, showing the growth along the shores of the south side of Lido Island, which indicates that it's not just a summer problem, its a fall and winter problem also. He thinks a picture is worth a thousand words, and displayed an enlargement of the duck ponds, which does not depict the usual marshlands habitat that is a mature one with bulrushes and weeds, but is an area that has a significant amount of nitrate. He recommended that the Council deny the project or ask for a full EIR. In answer to Council Member Sansone's question, Mr. Skinner stated that Title 22 water reclaimed and treated as far as getting rid of the pathogens is put through primary, then secondary treatment and goes through further filtration with charcoal, then chlorinated so that it is considered safe to use on crops. As far as a health threat, it's not a concern of the Harbor Quality Committee, but what happens is that the nitrates present in reclaimed water comes from the breakdown of urine products and when urine goes through the treatment process, urea or Volume 48 - Page 379 MINUTES Upper Newport Bay COUNCIL MEMBERS ROLL CR \s9y�� • • CITY OF NEWPORT BEACH October 24, 1994 waste product breaks down to ammonia which then is converted to nitrate and is very hard to get out of reclaimed water only through some nitrate stripping mechanism. In response to Council Member Cox's question regarding minimum nitrate level that is desirable for revegetation, and are we at that level now, Mr. Skinner advised that the Bay needs some nitrates, but 12,000 pounds a day that were discharged in 1986 caused the death of fish through ureafication which clearly is a problem. Nitrates linger for a long time in the Bay through recycling processes and what is put into it in the winter is going to stick around for a long time. In response to Council Member Debay's question, Mr. Skinner advised that IRWD presently does have a connection to Orange County Sanitation District. In winter time in order to not have an excess of reclaimed water the IRWD pipe their untreated sewage to the Sanitation District for treatment and then the effluent goes out the Orange County outfall off Huntington Beach. But the bottom line is money, and the IRWD would have to build a larger treatment plant, or buy extra capacity in Orange County Sanitation District which would cost approximately $20 million. Joanne Schneider, Environmental Program Manager with Santa Ana Regional Water Quality Control Board, updated the Council as to their status with the project. They have received from IRWD an application for a permit to discharge reclaimed water that comes through the Wetlands Demonstration Project to San Diego Creek. They have advised IRWD that it is not their intent to act on that application and begin to draft a permit until such time as IRWD has completed its environmental review process under CEQA, and the SARWQCB is pretty much in the same situation as the City of Newport Beach, confronted with the need of a responsible agency to comment on the IRWD proposed Negative Declaration. Ms. Schneider advised that on the basis of the SARWQCB review of the proposed Negative Declaration, their comments will be along the lines that IRWD has not satisfied CEQA, have not satisfactorily evaluated the potential impacts of their project on water quality, particularly in Newport Bay, and that the apparent best remedy is to conduct an analysis through a focused EIR that does evaluate the impacts of the project on water quality. In response to Mayor Turner, Ms. Schneider advised that a focused EIR would be just to address this issue, and it wouldn't have to cover all of the potential CEQA issues, or environmental issues, but where there is a particular Volume 48 - Page 380 MINUTES Bay COUNCIL MEMBERS yFOC�s�ysoy ROLL CRLL CITY OF NEWPORT BEACH October 24, 1994 Volume 48 - Page 381 MINUTES INDEX Upper Newport Bay question of concern, the SARWQCB will request an EIR from the IRWD before November 11, which is the final date for comments. John Wolter, City's Cooperative Projects Engineer, advised that he was asked to • take a look at the project to update the Council, and this is presented in the staff report. He has talked to the IRWD and the Orange County Environmental Management Agency Harbors, Beaches and Parks Division who have worked in this area along with the SARWQCB, and from the Public Works perspective, the City has worked with these agencies for the last 10 -15 years in Upper Newport Bay and San Diego Creek, primarily with concern over sediment control, and then more recently with efforts toward the State reducing the nutrients that come down into the Bay. His view of IRWD's proposal to date isn't in opposition to anything that he has heard from the Skinners or from the SARWQCB, and he feels that there is an opportunity to become more closely related with IRWD in trying to work out efforts to look at a possible treatment for low flows that come down San Diego Creek. He recommends that the treatment of nutrients that come down San Diego Creek and other pollutants that would benefit the Bay be put through some kind of marsh treatment, and feels that this is something that the City could look into • and continue discussions with the IRWD. Mayor Turner stated that he is not opposed to doing an EIR or focused EIR, but his concern is that a full EIR takes on a large scope that might be difficult to put into a study and come to any conclusions that would be helpful to the program. Don Webb, Public Works Director, suggested that their memorandum include some recommendations that the City requests a focused EIR to discuss impacts on Newport Bay water quality resulting from the proposed demonstration project, along with comments to continue discussing the other items contained in staff's memorandum of October 20, 1994 to the City Manager. Charlie Gabbard, Corona del Mar, addressed the Council, stating that he is opposed to the whole project until there is an EIR. He feels that with Michelson Pump Station out there that the IRWD could send their waste material to Orange County Sanitation and have it • go out in the outfall five miles into the ocean. He doesn't believe there is enough information available now to render a reasonably intelligent decision. He believes that the City should work with IRWD, but not compromise the City's position regarding the Back Bay, or the Dunes. Volume 48 - Page 381 MINUTES INDEX Upper Newport Bay CITY OF NEWPORT BEACH COUNCIL MEMBERS ROLL CALL October 24, 1994 MINUTES INDEX Elaine Linhoff, 1760 E. Ocean Boulevard, Upper sees no advantage to the City in Newport allowing the subject project and sees Bay lots of disadvantages to the water quality in Newport Bay if the IRWD is . allowed to go ahead with its project. She feels that the City should either reject the project outright and ask that they do their experiment and then pump the water back into the Sanitation District as they could do, or else require the EIR that would give the City more information on which to base their final decision. 4otion x Mayor Pro Tem Watt made a motion that Mayor Turner be authorized to write a letter requesting that the IRWD prepare a complete EIR, and the EIR should include, but not be limited to the fate of the nitrates into the Bay, along with the Public Works Director's recommendations in the foregoing. Mayor Turner stated that in supporting a focused EIR the IRWD, under CEQA requirements, would have to do a very thorough analysis. Mayor Pro Tem Watt amended her motion to include a focused EIR. Jeff Staneart, Utilities Director, gave • an update on the past five years regarding the Green Acres reclaimed water project with the Orange County Water District. He advised that as part of that project Newport's potential demand for reclaimed water primarily on the eastern side of the City is about 1,000 acre feet per year. The City has also participated in a three -way funded study with the IRWD, and the Orange County Water District to study the alternatives of having the reclaimed water system of IRWD linked with the Green Acres Project System that currently serves parts of Costa Mesa, Santa Ana and Fountain Valley that is proposed to be constructed into parts of Newport Beach. Also, some of these issues that relate to sharing of reclaimed and tertiary treated water could be cooperatively managed between IRWD reclaimed water system and the Green Acres Water Project System after about six months of study on the feasibility for constructing that additional pipeline link between IRWD's system and Orange County System. He believes the agencies determined at this time that it would not be financially feasible as to the times of the year that they might have excess reclaimed • water. In response to Council Member Sansone regarding the Spyglass Hill connection, Mr. Staneart advised that the number of customers that are proposed to be connected to the San Joaquin Hills Volume 48 - Page 382 COUNCIL MEMBERS ROLL CALL S All Ayes Motion All Ayes 0 A on Ayes • CITY OF NEWPORT BEACH MINUTES October 24, 1994 X Reclaimed Water Project from the IRWD includes the Big Canyon Reservoir, properties of Lincoln School, Harbor Day School, and Pacific View Cemetery grounds, with an annual total reclaimed irrigation in this project of about 100 acre feet per year. The motion, as amended was voted on and carried. STAFF REPORTS - For discussion /action: 4. Planning Commission Action - Meeting of October 20, 1994. Following verbal update by Jim Hewicker, Planning Director, motion was made to receive and file the Planning Commission Action of October 20, 1994. ADJOURNED AT 2:46 P.M. TO CLOSED SESSION [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 5:10 P.M. RECONVENE AT 7:00 P.M. Council Member Hart was present for the evening session. CONSENT CALENDAR X The following items were approved, except for those items removed: ORDINANCES FOR INTRODUCTIOA - Pass to second reading on November 14, 1994: 5. Removed from the Consent Calendar. 6. Removed from the Consent Calendar. 7. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 8. Resolution No. 94 -88 encouraging the use of FIRE SAFE ROOFS throughout the City. 9. Resolution No. 94 -89 approving the submittal of the City's 1995/96 program application to the Orange County Transportation Authority for funding under the ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAM, and direct staff to apply for funding under the Orange County Combined Transportation Funding Programs for the various projects as included in the City's application package. [Report from Public Works Department] 0. Resolution No. 94 -90 of Support and Cooperative Project Participation with the County of Orange for a Measure M funding application in conjunction with the project to WIDEN IRVINE AVENUE FROM UNIVERSITY DRIVE TO BRISTOL STREET SOUTH. [Refer to report with agenda item 9] Volume 48 - Page 383 COUNCIL MEMBERS ROLL CRLL��s9y�y�9��,�yRHof • C CITY OF NEWPORT BEACH October 24, 1994 11. Resolution No. 94 -91 of Support and Cooperative Project Participation with the City of Costa Mesa for a Measure M funding application in conjunction with the project to DESIGN AND CONSTRUCT THE MISSING SR- 55/SR -73 CONNECTOR RAMPS "B AND D." [Refer to report with agenda item 9] 12. Removed from the Consent Calendar. 13. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS 14. MACARTHOR BOULEVARD WIDENING /PACIFIC COAST HIGHWAY TO FORD ROAD (CONTRACT NO. 2825) - Amendment to an Engineering Services Agreement with Robert Bein, William Frost & Associates increasing the compensation amount by $77,616 for fees and the reimbursable budget by $40,000; and a three -party Memorandum of Agreement regarding future Bison Avenue with San Joaquin Hills Transportation Corridor Agency and California Corridor Constructors. [Report from Public Works Department] 15. CLAIMS - For Denial by the City Manager: Walter & Constance Bonomo alleging head - on collision which killed Michael Bonomo on April 2, 1994 on MacArthur Boulevard at the 73 Freeway, was caused by failure of City to maintain roadway, etc. Debin Enterprises, Inc., for damages regarding explosion on August 1. 1993 on the premises of the E1 Torito Restaurant, located in Fashion Island. Melvin S. Mann alleging excess iron in City water supply damaged property on April 11, 1994 at 1219 -B W. Bay Avenue; seeking reimbursement of $3,624 for water damage to walls, ceilings, paint, floor covering and copper pipe repair. Michelle Masterenko alleging City Refuse Truck dragged trash cans behind and on top of rear bumper of vehicles parked on Clubhouse Drive on September 20, 1994; seeking damages of $419.89. James E. McCormick, III alleging he was illegally arrested, imprisoned and accused of violating Penal Code Section 148 on July 8, 1994 at 108 Via Yanthe. Forrest W. Pond, Inc., for Herbert Voss alleging City sewer backed up into business at 3645 E. Coast Highway on September 26, 1994; seeking reimbursement of approximately $4,500. Republic Insurance Company for John E. Bucholz & Sally A. Finley alleging water damage to 312 Poppy Avenue on August 22, 1994; seeking damages of $9,313.36. Herbert F. & Betty G. Voss alleging property damage to 3641, 3645 and 3653 E. Coast Highway on September 26, 1994 as a result of sewer backup. Volume 48 - Page 384 MINUTES 0110IDIWAI PW /Costa Mesa /Msr P Res 94 -91 (74) McArthr B] Wdng /PCH - Ford Rd C -2825 (38) (36) CITY OF NEWP0RT BEACH y��F`P9y`o�9,� ROLL CflLL s October 24, 1994 • • • MINUTES INDEX Permit/ 406 A1isc Encrcbm (65) Permit/ 1078 San- tiago Dr Imprms (65) Council Policy G -2 (69) Organiz/ 0/C Leag (61) (40) F. Sandra Ward alleging damage to vehicle as a result of tree limb falling and hitting car at 907 Citrus Place on September 26, 1994. 16. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PROPOSED PRIVATE IMPROVEMENTS ADJACENT TO 406 ALISO AVENUE, NEWPORT HEIGHTS - Approve, subject to execution of an encroachment agreement for non - standard improvements (to be recorded with Orange County Recorder); and an encroachment permit issued by the Public Works Department. [Memorandum from Public Works Department] 17. AGREEMENT FOR NON- STANDARD IMPROVEMENTS IN CITY UTILITY EASEMENT AT 1078 SANTIAGO DRIVE - Approve subject agreement (to be recorded with Orange County Recorder) pursuant to conditions in the staff report . [Memorandum from Utilities Department] 18. COUNCIL POLICY G -2 ADOPT -A -BEACH PROGRAM - Approve the proposed addition of paragraph 3 to Organizations. [Memorandum from General Services Director] 19. Removed from the Consent Calendar. 20. Removed from the Consent Calendar. 21. Removed from the Consent Calendar. 22. NOMINATION OF COUNCIL MEMBER EVELYN HART - League of California Cities, Orange County Division, "Duane Winters Award." [Report from the Mayor] 23. BUDGET AMENDMENTS BA -007 Itemized as follows [refer to report w /agenda item 30]: $42,227 - To appropriate funds for recommended upgrades to the Police Alarm Monitoring System. $87,545 - To provide for additional revenue for the remainder of this fiscal year as a result of the revised cost recovery /monitoring fees included in the recommendations. $12,200 - To provide for Police Department Capital Outlay account to fund the upgrade of the Department's alarm monitoring equipment. $20,500 - To provide for Police Department account 8081 to facilitate software enhancements to the Police and Finance computer tracking system in order to streamline the accounting involved. Volume 48 - Page 385 INDEX Permit/ 406 A1isc Encrcbm (65) Permit/ 1078 San- tiago Dr Imprms (65) Council Policy G -2 (69) Organiz/ 0/C Leag (61) (40) COUNCIL MEMBERS C LL • • C J CITY OF NEWPORT BEACH October 24, 1994 $9,527 - To provide Police Department account 7020 to fund up to 20 hours per week of part time Community Services Officer hours for the remainder of the fiscal year. BA -008, $30,209 - To support the cost of switching over to new Fire Prevention computer software to include: inspection management software, associated billing software, 15 electronic clipboards and training. [Memorandum from Fire Chief] ITEMS REMOVED FROM THE CONSENT CALENDAR Agenda Item No., 5. Report from the Building Director recommending introduction of proposed ORDINANCE, 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. In response to question raised by Council :Member Hedges regarding the purpose of the proposed Ordinance, it was noted by staff that Council Member Cox requested this document be presented for consideration, and if adopted, 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. Council Member Debay pointed out that the estimated cost for labor and material to comply with the proposed Ordinance would average approximately $40.00 for a single - family home. Ray Schuller, Building Director, commented that this is a policy issue that needs to be addressed by the Council; he does believe it is appropriate to implement the Ordinance at this time because of the increased cost at a later date; the Building Industry Association supports this item, and at the current time, Sacramento County and West Hollywood have adopted similar ordinances. Council Member Cox spoke in favor of the proposed Ordinance noting that it cost the Los Angeles area approximately $9.4 billion each year as a result of the health problems that exist due to emissions that come from mobile sources, and in order to improve the health conditions in this region, lifestyles are going to have to be changed dramatically; there are many people throughout the world that believe clean vehicles is one way of addressing the Volume 48 - Page 386 MINUTES INDEX Bldg /Cnst (26) CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES tiF �p ��S' ROLL CALL October 24, 1994 TNTIFY problem much more equitably and economically; it is estimated in this region alone that in fifteen years, 508 of the vehicles sold will be electric - type vehicles; this is a local government issue to address the clean • air problem, and he felt the proposed Ordinance is a step in the right direction. Motion x Motion was made by Council Member Hart Ord 94 -53 to introduce Ordinance No. 94 -53, and pass to second reading on November 14, 1994. She stated that Newport Beach has been a leader in trying to find solutions to air quality issues, and she felt it would be interesting to get feedback from residents regarding this proposal. Council Member Watt indicated she concurred with the remarks of Council Member Cox, and encouraged interested individuals to come forth on November 14 to give their input. All Ayes The motion was voted on and carried. 6. Report from Police Chief recommending Massage introduction of proposed ORDINANCE. Estb being, (Z7) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.50 OF THE NEWPORT BEACH MUNICIPAL CODE • PERTAINING TO MASSAGE ESTABLISHMENTS. The City Clerk advised that after the agenda was printed, a letter was received from the University Athletic Club, 1701 Quail Street,, opposing the proposed Ordinance. Jim Jacobs, Commander of the Detective Division, Newport Beach Police Department, addressed the Council and noted that currently the processing of massage permits is fragmented among several departments; they believe they can do a better and more thorough job if the responsibility for processing these permits is transferred to the Police Department; the massage industry requires a strict licensing program and a great deal of administration to prevent problems of a criminal nature from developing; it is proposed that in addition to transferring the responsibility to the Police Department, that the City Council approve a new Community Services Officer position to handle the applicant processing and investigation; all costs for the • position will be recovered through applicant fee adjustments; Newport Beach has more massage establishments than any other City in Orange County; it is also proposed that the Municipal Code be amended to establish policies relating to Holistic Health Practitioners. Volume 48 - Page 387 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES y�2 S9 y9 �G y9 c'o O October 24, 1994 ROLL CALL INDEX Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed massage parlors within hotels. Kim Bender, Massage Therapist, 108C Via Antibes, addressed the Council and • stated that she was opposed to placing the processing of massage applications under the Vice /Narcotics and Intelligence Division of the Police Department as she felt it was very degrading, and gives the assumption they are doing something illegal. She suggested this item be re- studied for a more workable program, and also answered questions posed by Council Member Sansone regarding certification and formal training. Sharon Norton, President, Orange County American Massage Therapy Association, addressed the Council and explained their ongoing continuing education program. She stated that most of the individuals that have gone into massage therapy have done so with a heartfelt desire to help people and to assist in their healing process, and she felt that in the next 10 years, holistic care and massage technicians /therapists will be viewed as alternative medicine practitioners. She stated she would like to discuss the proposed Ordinance more in depth with the staff prior to adoption by the City Council. John V. Black, Chairman Legal Issues Committee, California Federation of Massage, and Massage Technician/ Operator, 4001 Birch Street, addressed the Council and submitted suggested revisions to the proposed Ordinance. He also expressed appreciation to including holistic health practitioner's in the document. Motion x Hearing no other comments, motion was Ord 94 -54 made by Mayor Turner to introduce Ordinance No. 94 -54 and pass to second reading on November 14, 1994. The City Manager indicated that in the interim, staff will meet with interested individuals regarding their concerns as well as the concerns of Council Members. All Ayes The motion was voted on and carried. 7. Report from the Economic Development Unattende( Committee regarding proposed ORDINANCE, Businesse: being, (27) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 5.11.050 TO CHAPTER 5.11 OF THE NEWPORT MUNICIPAL CODE • RELATING TO REGULATION OF UNATTENDED BUSINESSES. Motion x Notion was made by Council Member Hedges All Ayes to defer action on this matter to December 12, 1994, due to some of the recommendations contained in the subject report. Volume 48 - Page 388 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ��� 'P Fs October 24, 1994 ROLL CRLL INDEX 12. Report from the Planning Department Planning recommending approval of proposed (68) Resolution initiating an amendment to the Municipal Code pertaining to PARKING FOR MANICURE ESTABLISHMENTS. M n x Following response by the Planning Res 94 -92 A yes Director to a question posed by Mayor Turner regarding this item, motion was made to adopt Resolution No. 94 -92, initiating amendment to the Newport Beach Municipal Code pertaining to parking for manicure establishments and to refer to Planning Commission for public hearing. 13. Report from the City Attorney Planning recommending approval of proposed (68) Resolution initiating an amendment to the Municipal Code for PARKING IN RESIDENTIAL DISTRICTS AND RESIDENTIAL PROPERTY MAINTENANCE. Kotion x Notion was made by Council Member Hedges Res 94 -93 111 Ayes to adopt Resolution No. 94 -93 initiating amendment to the Newport Beach Municipal Code for PARKING IN RESIDENTIAL DISTRICTS AND RESIDENTIAL PROPERTY MAINTENANCE, as recommended, but to also request that the Planning Commission investigate the storage of parked vehicles in driveways on private property. 19. Memorandum from Community Services In -Lieu Director concerning IN -LIEU PARK FEES. Prk Fees ` fo n x Following remarks by Council Member (62) Hart, she moved the following motion: "1. Approve the recommendation of the Parks, Beaches and Recreation Commission for the commitment of the In -Lieu Park Fees: $1,000,000 - Upper Castaways 225,000 - Newporter North/ Newporter Knoll 50,000 - Site Planning for CIOSA parcels designated as Community & View Parks $1,275,000 "2. Approve a 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; $70,000 for Architectural Design • of Upper Castaways Park. Volume 48 - Page 389 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES Fs�� October 24, 1994 ROLL CALL INDEX 113. With the allocation of $1,275,000 In -Lieu for the Upper Castaways and Newporter Park Fees Knoll projects, there is a balance of $175,000 remaining for allocation. The Bolas Park project was originally developed and approved by the PB&R Commission in 1990 and unfortunately • due to budgeting problems in the General Fund, it has not been funded in the last three fiscal years. The PB&R Commission recommended allocating $175,000 for this project 'when available.' "4. Allocate the remaining $175,000 in the Fund for Bolas Park. However, since this is a neighborhood park and the City's policy only permits the use of monies in the Service Areas for neighborhood parks, she proposed that the difference between the balance in Service Area 3 of $152,321 and $175,000„ or $23,679, be allocated from Service Area 8 and be repaid as new fees are received in Service Area 3. This will allow this long- awaited project to move forward concurrently as the General Plan is modified and plans and specifications are put out to bid." Council Member Sansone commented that Corona del Mar is in Service Area 10, and over the years, approximately $430,000 has been accumulated in this Service Area from In -Lieu park fees as a result of the build -out of single - • family to multi - family properties. The City has been pursuing the acquisition of a small parcel of land in Corona del Mar known as the "Griswold Property" with the idea of trading a parcel of land in West Newport for this very small, but important view property in Corona del Mar. Council Member Sansone stated he would like the City Council to adopt a minute order indicating that this property acquisition should be a high priority. Furthermore, if the City is unable to acquire the property through trade, then Parks Fees accumulated by Service Area 10 should be used to acquire the property at a cost roughly approximate to that, which has been or will be, accumulated by Service Area 10. If the funds so accumulated are needed for other projects before the negotiations for the. proposed property acquisition can be completed, future fees collected from Service Area 8 will be dedicated for credit back to Service Area 10 in an amount equal to that used for other projects. Council Member Hart indicated she had no objection to Council Member Sansone's amendment to her motion regarding Griswold Park. Volume 48 - Page 390 CITY OF NEWPORT BEACH COUNCIL MEMBERS yt�`,��`S�y S F 'P October 24, 1994 ROLL CALL MINUTES Tkinry u win Council Member Hedges asked Council Member Hart if she would amend her motion further in that it only pertain to the allocation to Bolsa Park and Council Member Sansone's request regarding Griswold Park, and that the remaining allocations be continued until • November 14 in order to receive input from the homeowner associations on the Peninsula. Council Member Hart indicated she bad no objection to the above request. Stacy Wise, 3233 Broad Street, and Shari Rooks, 3308 Clay Street, addressed the Council in support of Bolas Park, and were informed by staff that once the General Plan Amendment is approved in January, plans and specifications will then be prepared and the project will be put out to bid. All Ayes The motion, as amended in the foregoing, was voted on and carried. 20. Memorandum from Marine Department Harbor recommending approval of HARBOR PERMIT Perm APPLICATION NO. 112 -813 814/BAY AVENUE - i A _ Apl Hill's Boat Service, Inc., to construct a new bulkhead and replace underground Bay Al y fuel tanks bayward of 814 Bay Avenue, (51) subject to conditions in the staff report. Tony Melum, Acting Marine Director, • addressed the Council and stated that the application under consideration is in two parts, i.e., 1) replacement of old single wall fuel tanks at his facility with new federally and state mandated double wall tanks, and 2) installation of 35 to 40 feet of bulkhead across a sandy beach adjacent to the facility. However, when the residents were notified in the area of this application, there was concern as to what the bulkhead would be used for, and rather than stall the project, Mr. Hill has requested this be removed from his application. Motion x Motion was made by Council Member Hedges to approve the request, as amended in the foregoing, subject to the conditions in the staff report. Susan Whipple, owner of 813 E. Bay Avenue, addressed the Council and stated she supports Mr. Hill's request to replace the underground fuel tanks, however, she is concerned regarding coring samples that have been done which show varying levels of contamination in the soil. She stated she has not seen these reports, and therefore, would like to be included in any future meetings in .this regard. Volume 48 - Page 391 CITY OF NEWPORT BEACH COUNCIL MEMBERS October 24, 1994 ROLL CALL MINUTES 44`kt4! Dennis Lockard, Fire Marshal, addressed the Council and stated that a meeting regarding the tank removal was conducted at Hill's Boat Service; that the County Health Department is involved in the process, and is looking at the soil is contamination and monitoring all the issues regarding the tank removal. All Ayes The motion was voted on and carried. 1. Report from City Manager concerning Lifeguard LIFEGUARD SUBSIDY (CONTRACT NO. 2247) - Subsidy Amendment to agreement with COUNTY OF C -2247 ORANGE. (38) The City Manager stated this matter involves notification from the County Harbors, Beaches h Parks Department regarding their intention to eliminate the City's lifeguard subsidy beginning in the 1995 -96 fiscal year which amounts to $110,000 per year, due to their department's reduction in property taxes. He recommended this item be continued to November 14, 1994, and that the City Attorney review this item from a legal standpoint with the City Attorney of Huntington Beach as well as Supervisor Elect Marian Bergeson. Motion x Motion was made by Mayor Turner to All Ayes approve the above recommendation and continue this item to November 14, 1994. • PUBLIC HEARINGS 24. Mayor Turner opened the continued public Ord 94 -45 hearing regarding proposed ORDINANCE NO. Zoning 94 -45, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ADD REGULATIONS RELATED TO THE COLLECTION AND LOADING OF RECYCLABLE MATERIALS IN NEW DEVELOPMENT PROJECTS (PLANNING PCA 808 COMMISSION AMENDMENT NO. 808). Report from Planning Department. It was noted that the General Services Director has solicited an opinion from the California Integrated Waste Management Board regarding the proposed Ordinance, and pending receipt of a response, it is suggested this item be further continued to the City Council meeting of November 14, 1994. Motion x Notion was made by Mayor Turner to All Ayes continue this item until such time as staff receives input from the State. • 25. Mayor Turner opened the continued public U/P 3539 hearing regarding Council review of USE (88) PERMIT NO. 3539 - Request to permit the establishment of a restaurant with on- sale beer and wine and live Volume 48 - Page 392 COUNCIL MEMBERS ROLL CALL • Motion All Ayes • • X CITY OF NEWPORT BEACH October 24, 1994 entertainment and tandem parking in conjunction with a full time valet parking attendant, on property located in the RSC District, 3140 East Coast Highway, on the northwesterly corner of Larkspur Avenue and East Coast Highway, in Corona del Mar. The proposal also includes a request to waive a portion of the required off - street parking spaces. Report from Planning Department. It was noted that after the agenda was printed, a letter was received from the applicant, John McLaughlin, with request to withdraw his application for Use Permit No. 3539. Hearing no one wishing to address the Council, and in view of the foregoing letter, motion was made by Council Member Sansone to close the public hearing and approve the request to withdraw the application. 26. 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 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 NO. 807). Report from Planning Department. The City Clerk advised that after the agenda was printed, a letter was received from Walt and Carolyn Wilke in support of banning gasoline powered leaf blowers. Patrick Alford, Senior Planner, stated that Ordinance No. 94 -48 was re- introduced at the October 10, 1994, City Council meeting to incorporate a number of revisions to the proposed amendments to the Municipal Code which would adjust the current regulations relative to noise and adding a new comprehensive Noise Ordinance. The changes involved an exemption for golf course maintenance; the removal of provisions for vibration control, and the changing of the violations from misdemeanors to infractions. The Council also requested additional information on leaf blowers with the possible goal of tightening up the regulations concerning noise controls for that type of equipment. The staff has drafted a proposed set of regulations that would basically Volume 48 - Page 393 MINUTES INDEX Ord 94 -48 Zoning PCA 807 CITY OF NEWPORT BEACH COUNCIL MEMBERS October 24, 1994 ROLL CRLL MINUTES iikV1i3i prohibit the use of gasoline powered Noise leaf blowers within residential areas Element and within 200 feet of residential areas, and have limited their hours similar to that for other property maintenance equipment. If the Council wishes to pursue this option, this matter can be set for public hearing for November 14, 1994. He also referenced a supplemental staff report concerning Noise Level Measurement. Mayor Turner noted that the City of Irvine has adopted an ordinance which states that mechanical leaf blowers and other gardening type equipment must meet certain standards and be certified by the City of Irvine. He felt this was an appropriate action and might be something this City may wish to consider. Council Member Sansone pointed out that the proposed Noise Ordinance does not address noise from air - conditioning equipment except external measurement, and the majority of complaints he has received are from people in their home who are being disturbed by noise generated from outside the house. Council Member Watt stated she also believes that air - conditioning noise needs to be resolved in the proposed • Ordinance and felt the City is relatively "lax" in its requirements governing this type of equipment. She noted that in some instances people are installing air - conditioning equipment which are impacting their neighbors so that they do not impact themselves with regard to the noise. She commented that one way to eliminate this problem is to eliminate the side yard use or to change the standard to an internal standard and lowering the dBA. Luvena Hayton, 235 Poppy Avenue, addressed the Council in support of banning gasoline powered leaf blowers. She felt the noise was very disturbing no matter what time of day and that they are dirty, a nuisance and injurious to ones health. She noted that the Cities of Carmel, Beverly Hills, La Jolla, and Santa Barbara have all banned the use of gasoline powered leaf blowers. Hunter Cook, 227 Morning Canyon Road, addressed the Council and concurred with the remarks of Ms. Hayton and urged that gasoline powered leaf blowers be banned throughout the City. Jerry Ring, Chairman of the Regional • Water Quality Control Board and member of Metropolitan Water District, addressed the Council and stated that the concerns these agencies have is that if gasoline powered leaf blowers are banned, then people will again turn to hosing down their driveways, sidewalks, and lawns with water. He stated the Volume 48 - Page 394 CITY OF NEWPORT BEACH COUNCIL MEMBERS October 24, 1994 ROLL CfiLL MINUTES INDEX State is now entering its fifth year of Noise drought and water pricing continues to Element increase. In addition, he stated that the debris that is hosed off and goes into the drainage system will ultimately • end up polluting the Bay. Michael K. Wells, owner of Down to Earth Lawn & Garden Service, addressed the Council regarding leaf blowers and suggested that rather than an out -right ban, the hours of operation and decibel levels be limited. He stated that most of his customers want no debris left when they are through with their landscape or gardening work, and the most efficient tool to remove any type of cuttings, etc., is the leaf blower. He also does not believe that noise generated from the leaf blowers is any louder than that of construction, motorcycles, airplanes, lawn mowers and power edgers. In addition, gasoline powered leaf blowers are a great savings tool as to time on the job, and if they were banned, water would be used and, therefore there would be more stress on an already insufficient water supply. Sid Soffer, 900 Arbor Street, addressed the Council and stated that gasoline powered leaf blowers should be used as vacuums rather than blowers because of the dirt they blow from area to another. He also stated that many people still use the "rake and broom" method to clean • up leaves, etc., and does not feel that everyone will use water to hose down their debris. Steve Tamanaha, representing it landscape company, addressed the Council and stated that many of their customers are residents of Newport Beach, and if gasoline leaf blowers are used correctly, they are a very good tool. With respect to what the City of Irvine has done regarding gasoline powered leaf blowers as referenced by Mayor Turner earlier in the meeting, he stated they have a training program for the workers so that they know how to use the equipment. He also commented that in many of the cities that have banned gasoline powered leaf blowers, residents have turned to hosing down with water. Tim Hewicker, Planning Director and resident of the City of Irvine, advised that he maintains his own yard, but his neighbors use a gardening service, and that the City does not enforce the hours of operation in which leaf blowers are used and the decibel level is extremely • high. volume 48 - Page 395 COUNCIL MEMBERS VIA" i Motion • Motion All Ayes • x X CITY OF NEWPORT BEACH October 24, 1994 Nan Morisseau, 77 Montecito, addressed the Council and stated she is a resident of Spyglass Mill. She read a prepared statement in opposition to the use of gasoline powered leaf blowers because of pollution, noise and health reasons. She also stated that if other cities can ban this type of equipment so can Newport Beach as they are a definite health hazard. Hearing no other public testimony at this time, Mayor Turner suggested the Council take two separate actions, 1) adoption of Ordinance No. 94 -48 (Noise Ordinance), and 2) introduce proposed Ordinance revising regulations for Mechanical Leaf Blowers. Motion was made by Council Member Cox to adopt Ordinance No. 94 -48. Council Member Sansone and Mayor Pro Tem Watt expressed their concerns in that the subject ordinance does not address noise from air - conditioning equipment to their satisfaction. Vince Mestre, Noise Consultant for the City, addressed the Council and stated that the Noise Ordinance, excluding the air conditioning exemption, has a day- time and night -time limit, and the reason for the exemption was the difficulty that air conditioner units would have in complying with the regular Noise Ordinance in parts of the City such as Lido Island, Balboa Island, etc. , where there are very small side yards. The interior noise level limit that is part of the regular Noise Ordinance would essentially eliminate air - conditioners from those neighborhoods unless they were on the roof or in the back yard. If the City were to accommodate air - conditioning equipment in all parts of the City, then there are parts of the City that will have to have exemptions to the noise limits that are in the Ordinance or you are simply banning air - conditioners from significant areas. He felt he can strengthen the Ordinance in terms of measurement location, but the more that is done, the less feasible is the use of air - conditioning equipment. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed methods in which to measure noise. Following discussion, substitute motion was made by Mayor Turner to continue this public hearing to November 14, 1994, and to direct the staff to clarify and bring back options dealing with air - conditioning equipment in the proposed Noise Ordinance (No. 94 -48), and to include in that same document, the proposed regulations governing Mechanical Leaf Blowers and other similar type equipment, which motion carried. Volume 48 - Page 396 MINUTES INDEX se COUNCIL MEMBERS CALL��s9ys �� �G�y9'P ROLL Motion • Ayes Noes L_J • X CITY OF NEWPORT BEACH X October 24, 1994 Following discussion, motion was made by Council Member Hart to introduce the proposed Ordinance regulating Mechanical Leaf Blowers, including the provision that gasoline powered leaf blowers be prohibited within 200 feet of a residence. Mayor Turner pointed out that this subject matter will be coming back in its entirety on November 14, 1994, and as a result, he did not feel Council Member Hart's motion was necessary at this time. The motion was voted on and FAILED. 27. Mayor Turner opened the public hearing regarding proposed ORDINANCE NO. 94 -51, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE AS PERTAINS TO BALCONIES AND DECKS TO ENCROACH A MAXIMUM OF THREE FEET INTO REQUIRED FRONT YARD SETBACKS ON RESIDENTIAL LOTS ALONG EAST OCEAN FRONT AND WEST OCEAN FRONT ON THE BALBOA PENINSULA AND IN WEST NEWPORT (PLANNING COMMISSION AMENDMENT NO. 785). Report from Planning Department. Council Member Hedges excused himself at this time due to a possible conflict of interest. The Planning Director noted that this item was initially raised by the City Council in a review of two Modifications requests for deck encroachments in West Newport. As a result of that review, a photo survey and inventory was performed which revealed at that time that there were 110 encroachments of various kinds in the East and West Ocean Front setbacks. An amendment was prepared by the staff and presented to the Planning Commission in May at which time the Commission declined to approve the amendment and it was brought back to the City Council. The amendment was reviewed again by the City Council and a second amendment was drafted by the City Attorney and was initiated by the City Council on July 25. This amendment would give conforming status to approximately 45% of the existing encroachments along the Ocean Front, and was approved by the Planning Commission on September 22. If approved by the City Council, the amendment will allow a 3 foot encroachment into the front yard setback and with a maximum handrail of 42 inches in height which has to be transparent or 40% open. Volume 48 - Page 397 MINUTES 94 -51 785 CITY OF NEWPORT BEACH 10mINOMM-ri,M lI.y �`�s' y�P 9� October 24, 1994 ROLL CALL MINUTES INDEX Charles Goldsworthy, 7400 W. Ocean Front, addressed the Council and stated that he applied for a Modifications Permit several months ago to allow his existing balcony to encroach into the required 5 foot front yard setback • and /or property line. The Modifications Committee approved the 5 foot encroachment; however, the City Council denied his request. He stated that the location of his balcony does not harm anyone, and indicated he would like to resubmit his application for a Modifications Permit for review again. He stated he is in support of the proposed Ordinance which would give him at least 3 feet onto his balcony, but questioned how the Ordinance will be enforced. The Planning Director stated that the staff has on file photographs of all the properties in violation of the Ordinance, and that letters will be sent to all those property owners advising of the new regulations, including a time frame in which to bring their encroachment into conformance either with the 3 foot setback limitation or make application for a Modifications Permit. If Mr. Goldsworthy wishes to extend his balcony beyond 3 feet, he would have to reapply for a Modifications Permit. • Hearing no one else wishing to address the Council, the public hearing was closed. lotion x Motion was made by Council Member Debay .yes x x x x x x to adopt Ordinance No. 94 -51. .bstained x 8. Mayor Turner opened the public hearing Ord 94 -5: regarding proposed ORDINANCE NO. 94 -52, Zoning being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 20.72.010 OF CHAPTER 20.72 AND 20.87.265 OF CHAPTER 20.87 OF TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO THE DEFINITION OF RESTAURANTS (PLANNING COMMISSION PCA 810 AMENDMENT NO. 810). Report from Planning Department. The Planning Director stated that this is one of three changes in the definitions that will be coming to the City Council having to do with the term "restaurant, bar, theater /nightclub." In this particular amendment, the • definition of "restaurant" is being defined to mean a business which primarily engages in the sale of food and drink, and where live entertainment is limited to 20% of the net public area of the establishment. Volume 48 - Page 398 CITY OF NEWPORT BEACH COUNCIL MEMBERS yt"��s9���9]T October 24, 1994 ROLL CALL MINUTES TNnFy Sid Soffer, 900 Arbor Street, Costa Mesa, and Peter Tarr, 5023 Lido Sands Drive, addressed the Council and received clarification from the staff regarding live entertainment and dancing • as it pertains to the subject Ordinance. Hearing no others wishing to address the Council, the public hearing was closed. .lotion x Motion was made by Mayor Turner to adopt 911 Ayes Ordinance No. 94 -52. 29. Mayor Turner opened the public hearing Vacation/ concerning VACATION AND ABANDONMENT OF Abandonmei VEHICULAR ACCESS RIGHTS TO EAST COAST HIGHWAY. eh Aces V ECHwy Report from Public Works Department. (90) The Public Works Director advised that this is a "housekeeping" item that involves right -of -way that was vacated by CalTrans when the new bridge was constructed on Coast Highway, and recommended adoption of the proposed Resolution vacating and abandoning the vehicular access rights as enumerated in the staff report. lotion x Hearing no one wishing to address the X11 Ayes Council, the public hearing was closed and motion was made by Council Member Watt to adopt Resolution No. 94 -94, ordering the vacation and abandonment (to be recorded with the County recorder • of Orange County) of the following access rights: Relinquishment of access rights, recorded in Book 7166, Page 557 - over Lot 1 of Tract No. 5361, and Lot 3 and A of Tract No. 5361 per,maps filed in Book 190, pages 47 & 48 of Miscellaneous Maps of the Official records in the Office of the County Recorder of Orange County California. PUBLIC COMMENTS 1. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding the need for a loading zone at McFadden Square near the entrance to the Blue Beet. He stated his request was investigated by the Traffic Department, but he received a letter advising that it was their opinion a loading zone at this location was not necessary. He stated that he has received two tickets for overparking at a meter and in a red zone while he was loading and unloading because there is no loading zone at this location. He stated he does not think it is fair that large delivery trucks such as Coors, etc., as well as taxis, • who use that area for parking and /or a loading zone, do so without getting cited. Council Member Hedges stated he will follow up on Mr. Soffer's request. Volume 48 - Page 399 CITY OF NEWPORT BEACH COUNCIL MEMBERS �Sn F� October 24, 1994 ROLL CALL MINUTES INDEX 2. Council Member Hart reported on her recent attendance at the League of California Cities Annual Conference in Long Beach the past two days, and advised that at their meeting tomorrow they will be voting on a Resolution regarding the sale of pornography • materials to minors which Council Member Hedges brought to the attention of this City Council some months ago. She stated that due to the fact that recent court rulings have restricted the rights of cities and counties to adopt restrictions on news racks, an appeal is being made to the State League to draft and support legislation that would allow cities and counties to place maximum restrictions on the sale and display of harmful and pornographic materials to minors, etc. She congratulated Council Member Hedges for his efforts in this regard. Council Member Hedges expressed appreciation to Council Member Hart for representing the City at the League meeting and updating the Council on this issue. ORDINANCES FOR ADOPTION 30. Proposed ORDINANCE N0. 94 -46, being, Ord 94 -46 Alarm Sys AN ORDINANCE OF THE CITY COUNCIL (70) 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. Report from Police Chief. Letter from George H. Coffin, III, objecting to any new fees.. The City Manager noted that this item was before the City Council on September 26 and October 10, and the modifications consist of the addition of Section 5.48.010, which outlines the intent of the Ordinance, and the amendment of Section 5.48.080, which redefines the cost recovery fee to reflect its true nature as a service charge for the direct telephonic alarm service offered by the Police Department, which is not a required service of the City. In response to question raised by Council Member Sansone regarding "why are we in this business," Police Chief Bob McDonell advised that there is a certain segment in the community that wants the City to monitor their alarms. It is not a financial drain whatsoever • on the City to monitor alarms at the Police facility inasmuch as they have to respond to alarms whether it comes into their building directly or indirectly through an alarm company. It is a good business decision for the City and it helps offset the total cost of responding to false alarms. Volume 48 - Page 400 CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 'P °c s9ti �9,� ROLL CRLL Fs < October 24, 1994 INDEX Tom.Hyans, 217 19th Street, addressed Alarm Sys the Council and stated he does not feel it is appropriate for the Police Department to be in the business of monitoring alarms, and that he has personally discussed this matter with the Police Chief. He stated that the fee the City charges for monitoring alarms is considerably less expensive than what the private sector charges, and that the Police Department does not give priority to their alarm monitoring as would a private alarm company. There are a number of "good" private alarm systems companies that provide a better level of service than what the City offers, and he felt the Council should reconsider this matter. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and discussed the various methods of monitoring alarms. Motion x Motion was made by Mayor Turner to: (a) Adopt Ordinance 94 -46; and (b) Adopt Resolution No. 94 -95 establishing a fee Res 94 -95 for renewal of alarm permits, reaffirming the penalties for false alarms and amending the charge for monitored alarm systems pursuant to Sections 5.48.040 and .080; and 5.49.030, .045 and .070 of the Newport Beach Municipal Code; and approve related budget amendments (refer to agenda item 23; and Budget Amendment • No.007). Council Member Hedges stated that he had questioned the charge levied by the City for direct monitoring of alarms in the Police Department, and asked why the City could not set the fee comparable to that established by a survey of other alarm system providers, and was told that State law prohibits the City from charging more for a service than what that service actually cost the City. All Ayes The motion was voted on and carried. 31. Proposed ORDINANCE NO. 94 -50, being, Ord 94 -50 Pblc Nuis AN ORDINANCE OF THE CITY COUNCIL Abatement OF THE CITY OF NEWPORT BEACH (70) ADDING A NEW CHAPTER 10.50 TO THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC NUISANCE ABATEMENT. Recycled Memorandum from Contract Attorney, City Attorney's office. The City Manager stated that the proposed Ordinance will "streamline" the • City's public nuisance abatement procedure and retain its ability to _process on a civil basis, as well as a criminal basis, if deemed appropriate and necessary. Volume 48 - Page 401 COUNCIL MEMBERS MON 410�1�1�0 -11 • Motion All Ayes Motion All Ayes Motion All Ayes Motion All Ayes • X X X CITY OF NEWPORT BEACH X October 24, 1994 Peter Tarr, 5023 Lido Sands, addressed the Council and stated the proposed Ordinance is welcomed and has been needed for a long time. He stated that a nuisance is more than just a public health hazard and he felt the Ordinance gives the City the opportunity to approach this matter in a flexible way and deal with the problem. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and stated that the definition of a public nuisance is "that which causes harm to a substantial part of the community or neighborhood." Motion was made by Council Member Debay to adopt Ordinance No. 94 -50. Proposed ORDINANCE NO. 94 -49, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.32.020(b) OF THE NEWPORT BEACH MUNICIPAL CODE TO PROHIBIT COMMERCIAL VEHICLES EXCEEDING 6,000 POUNDS FROM OPERATING ON CERTAIN STREETS WITHIN THE CITY LINITS. Recycled memorandum from Traffic Affairs Committee, dated October 10, 1994. The City Manager noted that the proposed action would add Marigold Avenue from the alley northeast of Coast Highway to Second Avenue to those streets where vehicles exceeding 6,000 pounds gross weight may not be operated. Hearing no comments, motion was made by Council Member Sansone to adopt Ordinance No. 94 -49. BICYCLE TRAITS CITIZENS ADVISORY COMMITTEE VACANCY. Notion was made by Council Member Cox (District 7) to confirm the appointment of Jerry Boyle to fill the unexpired term of Craig Weber ending December 31, 1994. PACIFIC VIEW MEMORIAL PARE CITY COUNCIL/CITIZENS AD HOC COMMITTEE. Notion was made by Council Member Cox to confirm the appointment of Jeanette Miller as a representative from Broadmoor Sea View Homeowners Association, replacing Bill Fischbach who has submitted his resignation. Volume 48 - Page 402 MINUTES INDEX Ord 94 -49 Trfc]Veh (85) /CAC ac View em Prk CITY OF NEWPORT BEACH COUNCIL MEMBERS ���s'9ys�'G��� October 24, 1994 ROLL CALL • • Motion All Aye: MINUTES INDEX GPA 94 -2(1 (45) PCA 811 Tfc Stdy 9 35. Report from Planning Department concerning request to schedule for oublic hearing on November 14, 1994: General Plan Amendment 94 -2(B) - Request to consider an amendment 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 General Plan Consistency Finding - 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 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 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. x Motion was made by Mayor Turner to approve the above recommendation and schedule public hearing on November 14, 1994. Meeting adjourned at 10:15 p.m., to November 1, 1994 at 1:00 p.m. to discuss pending litigation in the City Council Chambers (a closed session agenda will be posted 72 hours prior). ,r x w yt yt yt yr yt fr * dr 1t The agenda for this meeting was posted on October 19, 1994 at 4:05 p.m., on the City Ball Bulletin Board located outside of the City of Newport Beach Administration Building. r y- • �4J Mayor ATTEST: ��G PM-eQ, 0� $, V Ali City Clerk Cq��FdR��P Volume 48 - Page 4 INDEX GPA 94 -2(1 (45) PCA 811 Tfc Stdy 9