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HomeMy WebLinkAbout03/27/1995 - Regular MeetingROLL CALL Present x x x Motion x All Ayes Motion All Ayes • • Motion All Ayes 94 =QI atri asp, NA N REGULAR COUNCIL MEETING PLACE: Council Chambers BEACH MINUTES EX TIME: 7:00 P.M. w W rJ+ DATE: March 27, 1995 ao X z XUL90 INE CLOSED SESSION - 5:00 P.m. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED: None. RECESSED AT 6:50 P.M. RECONVENED AT 7:00 P.M. for regular meeting X x x x ROLL CALL Reading of Minutes of March 13, 1995, was waived, approved as written and ordered filed with correction to page 95, Item 22 (vote on substitute motion by Mayor Hedges to read: Ayes - Watt /Hedges /Glover /O'Neil; Noes - Edwards /Deboy /Cox). 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: None. MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: • Council Member Edwards requested that staff report back on May 8, 1995 expanding the appeal process on Specialty Food Uses to include not only the applicant, but anyone who desires having the right to appeal the actions of the Planning Commission to the Modifications Committee. • Council Member Glover requested that the issues of mutual interest between the Cities of Costa Mesa and Newport Beach as enumerated in Mayor Hedges memorandum of March 16, 1995 be reviewed publicly in open session on April 24, 1995. UPDATE ON POLICE OFFICER ROBERT HENRY • Mayor Hedges advised that Police Officer Robert Henry who was shot two weeks ago is still in intensive care and remains in critical condition at Hoag Hospital, and anyone who would like to donate funds to his family can contact the Police Department at 644 -3710. UPDATE ON SANDCASTLE SLIPPAGE X • Motion was made by Council Member O'Neil to place the Sandscastle slippage Issue on this agenda for an update by the Public Works Director with the finding that this matter arose after the posting of this agenda . Volume 49 - Page 100 EX ROLL CALL • • Motion All Ayes • CITY OF NEWPORT BEACH MINUTES Q 3 q3A F- H ¢ m W m =°LD0 X W > 0Z H w March 27, 1995 INE The Public Works Director gave a brief status report of the above matter noting that the slippage occurred in the 900 block of Sandcastle on March 16, 1995 above Buck Gully in Corona 'del Mar. The slippage is on Irvine Company property and increased the following day approximately 6 feet behind the structure's patios. By Saturday morning, The Irvine Company had engineers and a geotechnical consultant on site to determine what was occurring on the slide and began drilling a test hole. Evaluation began immediately, and by Sunday, the slope was covered with plastic because of possible rain. An emergency response plan was developed, and it was determined that a gravity fill be placed at the toe of the slope to slow and stop the motion of the sliding material and then material could be pushed up against the vertical face to protect it. By Friday, the vertical face had grown during the week from 16 feet to 32 feet in height, and by that afternoon, the haul operation had begun and continues until possibly Wednesday of this week. It now appears that the material has stabilized and no substantial movement has been noticed. The haul route utilizing Marguerite Avenue was chosen because this was the only street with sufficient width to allow two-way traffic for the trucks. This should give the affected properties a temporary fix until the geologists and geotechnical people can determine just exactly the cause of the slippage and what can be done to ultimately repair the problem permanently. CONSENT CALENDAR x The following items were approved except for those If ems removed: ORDINANCE(S) FOR INTRODUCTION - Pass to second reading on April 10,1995: 1. Removed from the Consent Calendar. RESOLUTIONS FOR ADOPTION 2. Removed from the Consent Calendar. CONTRACTS AND AGREEMENTS 3. MACARTHUR BOULEVARD WIDENING PROJECT MacArth CONTRACT NO. 2825 - Approve a Cooperative Wdng Pr Agreement with Southern California Edison C-2825( Company for relocation of Overhead Electrical (38 ) Power lines. [Report from Public Works Department] 4. Removed from the Consent Calendar. Volume 49 - Page 101 IEX ur Bl 7 G) J� ffiiWfj =f I a jyj ESP, 4 WO] 0rAX MINUTES ROLL CALL M N ¢ Q¢WQOOZ W 3A=U0o ¢ ' � H W March 27, 1995 INDEX 5. TUSTIN AVENUE STORM DRAIN; AND RIVERSIDE AVENUE Tustin Av Str • AND CLIFF DRIVE STREET RECONSTRUCTION BETWEEN Drn /Riverside IRVINE AVENUE AND PACIFIC COAST HIGHWAY Av /Cliff Dr CONTRACT NO. 2782 - Award Contract including the St Rcnstrctn removal of 7 existing street trees and the installation C -2782 of as many as 18 street tree frames and grates, to (38 ) Clayton Engineering, Inc., in the amount of $788,231, and direct City staff to install street trees along the business district portion of Riverside Avenue upon completion of work on said Contract. [Report from Public Works Department] 6. Removed from the Consent Calendar. 7. BIG CANYON RESERVOIR FLOATING COVER Big Canyon CONTRACT NO. 3037 - Authorize execution of a Res Floatg Ck Professional Services Agreement with ASL Consulting C -3037 Engineers for preparation of plans and specifications (3 8 ) for design in the amount not to exceed total fee of $192,000. [Report from Utilities Department] 8. Removed from the Consent Calendar. 9. CLAIMS - For Denial by the City Manager. (36 ) • Margo Goldberg alleging rusty water caused by City working on pipes damaged clothing at Corona del Mar Laundromat on March 8, 1995; estimated damage $75.00. Ernest R. Martinez alleging City -owned tree plugged up drain and caused flooding and property damage to home at 601 Orchid Avenue on January 4, 1995. Laura L. McCann alleging rusty water caused by City working on pipes damaged clothing at Corona del Mar Laundromat on March 8, 1995; estimated damage $500.00. Shirley Pierce alleging damage to wheel cover as a result of hitting large deep pot hole at MacArthur Boulevard between Bison and Ford Roads on January 19, 1995. Karl Tate alleging rock fell from City Refuse Hauler and hit his windshield causing damage in the amount of $189. • Ruben Zaldivar alleging physical abuse by City Police Department on September 24, 1994 in the City of Irvine. Volume 49 - Page 102 MINUTES ROLL CALL N Q ¢ Q¢HAOgz w3Qxucao ~ ¢ 'n u H W March 27, 1995 INDEX • 10. ACCEPTANCE OF 93 -94 STREETS AND MISCELLANEOUS SLURRY SEAL AND RESURFACING 193-94 Sts Misc Slurry PROGRAM CONTRACT NO. 3000 - Accept the work; Seal /Rsrfcg authorize the City Clerk to file a Notice of C -3000 Completion, and release the bonds 35 days after (3 8 ) the Notice of Completion has been recorded. [Report from Public Works Department] 11. ACCEPTANCE OF CORONA DEL MAR WATER AND CdM Wtr /Alley ALLEY REPLACEMENT AND BALBOA PENINSULA ALLEY Rplcm/Bal REPLACEMENT PROGRAM CONTRACT NO. 2939 - Pnsla Alley Accept the work; authorize the City Clerk to file a Rplcm Notice of Completion, and release the bonds 35 C -2939 days after the Notice of Completion has been (38 ) recorded. [Report from Public Works Department] 12. Removed from the Consent Calendar. 13. BALBOA BOULEVARD RECONSTRUCTION, 12TH STREET Bal Bl Rcnst/ TO 14TH STREET CONTRACT NO. 2936 - Affirm the 12th -14th StE Categorical exemption of Environmental Impact; C -2936 approve the plans and specifications, and (38 ) authorize City staff to advertise for bids. [Report from Public Works Department] • 14. ENCROACHMENT AGREEMENT FOR CONSTRUCTION Ocean Bl Pblc AND MAINTENANCE OF PROPOSED PRIVATE R -O -W Adj IMPROVEMENTS WITHIN THE OCEAN BOULEVARD 2711 Ocean B] PUBLIC RIGHT -OF -WAY ADJACENT TO 2711 OCEAN Permit BOULEVARD, CORONA DEL MAR - Approve (65) application subject to execution of an Encroachment Agreement for non - standard improvements; authorize the Mayor and City Clerk to execute said Agreement, and direct City Clerk to have Agreement recorded with Orange County Recorder. [Report from Public Works Department] 15. SPECIAL EVENTS APPLICATIONS - Approve the Special Evnta following applications, subject to conditions in the (27 ) staff report from the Recreation Superintendent, Community Services Department: Application No. 94 -239 - Corona del Mar Apl No. Scenic 5K to be held at Ocean Boulevard, 94 -239 Bayside Drive, and surrounding neighborhood on Saturday. June 3, 1995 from 7:30 - 11:00 a.m. Application No. 95 -042 - Beach Bay Classic Apl No. 8 K & Half Marathon by Race Pace 95 -042 Promotions, to be held at Back Bay Drive, San Diego Creek Bike Trail, and Newport Dunes, Sunday, May 21, 1995 from 7:30 - 11:00 a.m. Application No. 95 -043 - Removed from the Consent Calendar. Volume 49 - Page 103 ROLL CALL • • CITY OF NEWPORT BEACH MINUTES Ln 3 W F- F -WQXOZ XmXUUo Cr 0 w w March 27, 1995 INT 16. PUBLIC HEARING SCHEDULING FOR APRIL 10, 1995: CDBG Allocation of 1995 -96 CDBG FUNDS. (87) [Memorandum from Planning Department] 17. Removed from the Consent Calendar. 18. BUDGET AMENDMENTS (40) BA -030, $5,000 - To appropriate the amount for the purchase of 200 chairs to be used in the Oasis Center from the Senior Citizen Site designation of General Fund, fund balance. [Memorandum from Community Services Director] BA -031, $3,000 - To authorize the expenditure to participate in the study to determine the costs and feasibility of establishing a Joint Powers Agency to implement the provisions of Senate Bill 1082. [Memorandum from Fire Chief) BA -032, $4,542.59 - To appropriate the amount to General Services Professional and Technical account for covering the removal and replacement cost of a palm tree on City property damaged in a traffic accident (the motorist has been billed and has paid the full amount). [Memorandum from General Services Director] ITEMS REMOVED FROM THE CONSENT CALENDAR 1. Report from City Manager recommending City De Introduction of proposed ORDINANCE, being, Cnsldtn (35) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 2 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO PERMIT THE CONSOLIDATION OF THE UTILITIES DEPARTMENT WITH THE PUBLIC WORKS DEPARTMENT; THE MARINE DEPARTMENT WITH THE FIRE DEPARTMENT; AND ADDING PERSONNEL DUTIES TO THE FINANCE DEPARTMENT AND RENAMING THAT DEPARTMENT TO ADMINISTRATIVE SERVICES. Mayor Pro Tern Debay stated that she removed this item from the Consent Calendar not because she was opposed to the recommended action, but wanted additional information prior to second reading regarding the consolidation of the Marine and Fire Departments. Tom Hyans, President, Central Newport Beach Community Association, addressed the Council and expressed his concerns regarding the proposed reorganization; consolidation of some departments, and indicated he felt this item warranted further study prior to implementation. Volume 49 - Page 104 IEX pts/ CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ q¢WA W '- 3 ¢ Q U) ' 2 °oz V � ' C7 H W O March 27, 1995 INDEX • Long Pham, 1529 W. Balboa Boulevard, addressed the Council and expressed his concerns with the recommendation to reassign the Assistant City Manager to direct supervision of the Planning and Building Departments, and questioned his qualifications to oversee the required functions of these two departments. Dolores Otting, 17 Hillsborough Drive, addressed the Council and suggested consideration be given to privatizing the City's payroll services as is being done in many Orange County cities. Robert Lewis, Balboa Island, addressed the Council and stated that after reviewing the subject report, he did not see "greater efficiency or the same efficiency at a lower cost" in the proposed reorganization plan. In response to some of the above comments, the City Manager noted as follows: it has been many years since this City has reorganized its structure and the economic picture is totally different now than ever before; with the proposed personnel reductions, the City will be down 101 employees • over five fiscal years; the City cannot cut personnel much further and still provide the kinds of services that are required in the support areas; between now and the time the budget is adopted, there will be some cost savings due to early retirement, lay offs, and reductions through attrition; also, there will be opportunities to reduce costs over time with the merger of the Marine and Fire Departments as well as the Utilities and Public Works Departments; the Assistant City Manager has a degree in Urban Planning, etc., and he is convinced that he is capable of carrying out the required functions and responsibilities very successfully; the Finance Director is in the process of looking at the possibility of contracting payroll services; he felt that the proposed reorganization will ultimately achieve savings, provide better service as well as improved efficiency. Motion x In view of the foregoing comments, and following Ord 95 -11 All Ayes remarks by Mayor Pro Tem Debay she moved to introduce Ordinance No. 95 -11 and pass to second reading on April 10, 1995. i2. Report from Planning Department regarding Planning proposed resolution, initiating Amendment (68 ) pertaining to the elimination of outdoor areas from the calculations of GROSS FLOOR AREA REQUIREMENTS FOR RESTAURANTS AND SPECIALTY FOOD SERVICE USES. Volume 49 - Page 105 CITY OF NEWPORT BEACH MINUTES ROLL CALL N A Q¢WW L..I 3 g 'n S °oz V �IJ > 0 W 0 March 27, 1995 INDEX x Council Member Glover stated that she had Mn requested this item on the agenda, but after discussing it with the City Manager, she felt it should be referred back to staff for further study and report back on April 10; and therefore, made a motion to this effect. Council Member Edwards stated he did have one concern regarding the definition of whether or not a fast food operation would fit into the meaning of Specialty Foods, and requested the staff include this in their report on April 10. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and received clarification from the Planning Director as to the purpose of the proposed resolution and amendment. All Ayes Hearing no further comments, the motion was voted on and carried. 4. Report from Public Works Department PCH /Npt BI recommending execution of Engineering Intrchng Imp Agreement with IWA Engineers not to exceed Prj $58,900 for the preparation of the Project Report C -2886 • regarding PACIFIC COAST HIGHWAY /NEWPORT (38) BOULEVARD INTERCHANGE IMPROVEMENT PROJECT CONTRACT NO. 2886. In response to question raised by Council Member Glover regarding the funding for this project, the Public Works Director stated that it will be funded with Federal ISTEA monies that are distributed to the various cities throughout the County by way of the Orange County Transportation Authority and there is a possibility that the City can supplement these ISTEA funds with some additional Measure M funds. Motion x In view of the foregoing, motion was made by All Ayes Council Member Glover to approve the recommended action. 6. Report from Public Works Department Multi -Agcy/ recommending approval and authorization for the Rt73 Frwy & Public Works Director to execute the multi- agency I -405 Frwy Memorandum of Understanding on behalf of the M -O -U City for IMPROVEMENTS TO ROUTE 73 FREEWAY AND C -3038 THE 1 -405 FREEWAY. (38 Council Member Watt stated that the City's Public Works Director will be working with other agencies, as well as Costa Mesa and the County, to develop a plan and eventual funding for the confluence of the 73 and 1 -405 freeways in conjunction with the Volume 49 - Page 106 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ Q¢Wq° W ~ 3Q ¢ =UUo w -J? W March 27, 1995 INDEX • planned opening of the San Joaquin Hills Transportation Corridor. She stated that the City has planned to fund a portion of the cost of missing off -ramps from the 73 to the 55 freeways and our City should be concerned about the lack of future funding for the other needed improvements such as widening the 73 freeway and the interchange at the 73/405 intersection. She stated she just wanted to be sure that there is no commitment to the unfunded portion of the improvements as for as the City is concerned and that the staff will continue to monitor this issue. Council Member Cox stated that this is an issue that has been before the City Council and staff for almost 10 years, and during his participation in the Transportation Authority, the City has always been concerned about the connector ramps of the 55 and 73 freeways because of the impacts on Irvine Avenue in particular, and through the City and TCA, they have been pushing for a funding mechanism so that those ramps can be constructed. He agreed with Council Member Watt that these improvements should have been part of the planning for the San Joaquin Hills • Transportation Corridor, but the City has always been aware of this need, and should participate in the subject MOU. Motion x Hearing no further remarks, motion was made by k11 Ayes Council Member Watt to approve the recommended action. 8. Report from Planning Department recommending St. James approval of the proposed parking arrangement Pkg Lic Agm and authorizing execution of the RECIPROCAL C -3039 PARKING LICENSE AGREEMENT between the City of (38 ) Newport Beach and ST. JAMES PARISH. The City Manager described the proposed Agreement, and stated it is the recommendation of the Finance Committee that Item (iii) in Section VII - Term and Termination - which reads as follows be deleted: "(iii) Church shall have the right to use City's 30th Street parking lot, under terms comparable to this Agreement, if the lot exists and is not previously committed to other shared parking arrangements." The City Manager stated that the Church has no objections to the above deletion. In response to question raised by Council Member Edwards, the City Attorney stated he felt that the mutual indemnification provision as referenced in Section VIII of the Agreement is adequate. Volume 49 - Page 107 CITY OF NEWPORT BEACH MINUTES ROLL CALL Ln Q Of M Q�WW W3g2UUo ~ Cr M °oz � F w March 27, 1995 INDEX Motion x Hearing no other comments, motion was made by Ales Council Member O'Neil to approve the recommended action, including .the deletion of Item (Uq In Section VII of the subject Agreement. 12. Memorandum from General Services Director Council Poli( recommending approval of amendment to F-9 VEHICLE EQUIPMENT REPLACEMENT GUIDELINES (69 ) COUNCIL POLICY F -9. Dolores Otting, 17 Hillsborough Avenue, addressed the Council and stated as follows I)lt is her understanding there are 116 City vehicles for personal use, and questioned if this statement were true. 2)The City should extend the warranty use on City vehicles beyond 80,000 miles. 3)ls the City purchasing additional vehicles for "managers?" 4)She would like clarification of the statement referenced in the staff report that reads • "As an additional note, 64 of the 65 vehicles or items of equipment budgeted for purchase in FY 95 -96 will exceed the proposed guidelines by June 30,1996." 5)She felt the Finance Committee should have reviewed the subject Policy more in depth; and that City vehicles should not be used for personal business, such as vacations, etc. Motion x Motion was made by Council Member O'Neil to approve Council Policy F -9 as presented, but that the issues raised by Mrs. Otting be referred to the Finance Committee for response. Mayor Hedges pointed out that included in this Policy, it also states "After these milestones are reached, the General Services Department shall inspect the equipment annually to determine the appropriateness of replacing the vehicles. Factors to consider include, but are not limited to, maintenance and upkeep costs, fuel efficiency, etc." • Council Member Glover noted that she is a member of the Finance Committee as well as Council Member O'Neil and Mayor Hedges, and stated the agendas for their meetings are posted in accordance with the Brown Act; the meetings are open to the public, and she encouraged those interested to attend. Volume 49 - Page 108 CITY OF NEWPORT BEACH MINUTES ROLL CALL q Cr Q¢wA L�3g2000 F' N °o? � H W March 27,1995 INDEX The City Manager advised that this policy was • adopted in 1975 and not revised again until 1992, at which time the City extensively extended the warranty use on City equipment as enumerated in the subject report. All Ayes There being no additional remarks, the motion was voted on and carried. 15. Report from Community Services Superintendent Special Evnt: recommending approval (subject to conditions in Apl No. the staff report) of SPECIAL EVENTS APPLICATION 95 -043 NO. 95 -043 - Back to Bal Carnival to be held at (27 ) Balboa Boulevard to Pavilion on Main through Ferry throughout Pavilion on the Boardwalk on Thursday, April 6, 1995 from 5:52 - 11:00 p.m. Council Member O'Neil noted in the subject report that alcohol in public areas is not recommended; however, if the City Council approves the application, it is his understanding that alcoholic beverages can be served so long as all regulations imposed by the Alcoholic Beverage Control Board are met. M x The City Manager replied in the affirmative to the above; and therefore, motion was made by Council Member O'Neil to approve Application No. 95 -043, subject to the conditions contained in the staff report. Jim Reed, President, 552 Club, addressed the Council and invited all those interested to attend the event, and stated he was available for questions. All Ayes The motion was voted on and carried. 17. Status report from Marine Department regarding Wtr Quality WATER QUALITY TESTING BY COUNTY OF ORANGE Testing (Mayor Pro Tern Jon Debay's request). (51) Tony Melum, Acting Marine Director, addressed the Council and stated that for twenty -five years, the Orange County Health Department has done routine ocean water and bay water testing along the Orange County Coast from Seal Beach to San Clemente in 120 locations. However, as a result of the County bankruptcy, funding for this testing discontinued as of January 10, 1995. The Harbor Quality Committee became aware of this situation and requested a member of the County Health Department staff attend one of their meetings. This occurred on February 9, and it was confirmed that the testing would no longer be funded. It was suggested by the Harbor Quality Committee that a Volume 49 - Page 109 CITY OF NEWPORT BEACH I5i1110021iM ROLL CALL U7 q¢WA wXMX000 ~ U7 °o? > w March 27, 1995 INDEX • sub - committee should be formed with members of their Committee as well as County staff to see if there was a way to reinstitute this testing program or to possibly downsize the program to a reasonable level of cost for funding. The sub- committee met and a proposal based on their work was presented to the Committee on March 9. Mr. Melum described the modified testing program as set forth in his report, and stated County -wide, using the information collected by the three regional wastewater treatment agencies, the County Health Department would only have to collect from 36 sites; a previous high of 120 sites per week. The cost of the testing program County- wide would go from $164,610 to $80.115. It is still uncertain whether or not the County will fund this reduced program, and the decision will probably be made on or before April 13. If funding from the County is not available, options then would be to look to private donations or contributions from the affected jurisdictions to fund the program. Wastewater agencies are continuing to test, but not the County. Discussion ensued regarding the importance of this • issue, wherein Council Member Edwards suggested a letter be sent by the Mayor to the County to which there were no objections. Motion x There being no further comments, motion was All Ayes made by Mayor Pro Tem Debay to receive and file the subject report, and to direct the Mayor to forward a letter to the County regarding this matter. PUBLIC HEARING(S) 19. Mayor Hedges opened the continued public Ord 95 -10 hearing regarding Proposed ORDINANCE NO. 95- Zoning 10, being, (94) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING TITLE 20 OF THE NEWPORT BEACH MUNICIPAL CODE SO AS TO ESTABLISH DEFINITIONS FOR THE TERMS "BEAUTY PARLOR" AND "NAIL SALON" AND TO ESTABLISH PARKING REQUIREMENTS FOR NAIL SALONS (PLANNING COMMISSION AMENDMENT NO. PCA 816 _ . 816). Report from Planning Department. The Planning Director noted that at its meeting of February 23, 1995, the Planning Commission voted to deny this Amendment. A majority of the Commissioners were of the opinion that only a few isolated nail salons have contributed to parking Volume 49 - Page 110 CITY OF NEWPORT BEACH MINUTES ROLL CALL Cn ¢ Q¢WA W F- 3raxc�c�o Cr U) °oz � IJ-1 W March 27, 1995 INDEX congestion in their immediate areas. However, Zoning . taken as a whole, the nail salon industry has not created significant parking demand problems throughout the City. The Economic Development Committee also voted to recommend disapproval of this Amendment because they felt that an attempt on the part of the City to aggressively regulate one business type would significantly affect that business's ability to locate within the City and would negatively affect the tenant mix of the overall community. He noted that the City has only had problems with two nail salons, one in Corona del Mar, and another on Bristol Avenue. Following discussion among the Council, Phil Sansone, 215 Marguerite Avenue, representing Corona del Mar Residents Association, addressed the Council in support of the proposed Ordinance, and stated it will not affect any of the existing store fronts in Corona del Mar, except those that are located between Marguerite and Marigold Avenues on the south side of Coast Highway, and those directly opposite the Albertson Shopping Center. The other businesses in that area have • rear parking. Hearing no one else wishing to address the Council, the public (hearing was closed. Motion x Mayor Hedges spoke in support of the proposed Ordinance and stated it is an attempt to make businesses such as nail salons and beauty parlors provide the amount of parking on -site that they would otherwise use in a public access area, and therefore, moved to adopt Ordinance No. 95 -10. Motion x Council Member Cox stated he will vote against the motion because he supports the position of the Economic Development Committee, and feels the proposed action is targeting a successful industry, and is anti - business. It also impacts the landlord or landowner who does not have parking because of the age of this City. He also felt that parking goes with the territory and certain types of businesses should not be singled -out, instead the City should provide some type of opportunity for economic freedom and let the market place speak for itself. He stated it is his understanding that the problem nail salon in Corona del Mar has gone out -of- • business, and as a result, there is one less problem to deal with, and therefore, moved a substitute motion to deny Amendment No. 816. Volume 49 - Page 111 CITY OF NEWPORT BEACH MTNTTTF.R ROLL CALL ¢ Q¢WA W ~ Xm=uuo °oz w w March 27, 7995 INDEX • Council Member Glover stated she supports the proposed Ordinance; that she was in attendance at the Economic Development Committee when this item was discussed, and felt the City should be looking for businesses that generate more revenue, and be more careful about the tenant mix in the older areas. Lyes x x The substitute motion made by Council Member foes x x x x x Cox was voted on and FAILED. ,yes x x x x x The original motion made by Mayor Hedges to foes x x adopt Ordinance No. 95 -10 was voted on and carried. 20. Mayor Hedges opened the public hearing Undgrnd Util/ regarding UNDERGROUNDING UTILITIES IN BALBOA Balboa Coves COVES (Proposed Assessment District No. 72). (Asmt Dist 72 (89) Report from Public Works Department. The Public Works Director noted that on July 12, 1993, the proposed Assessment District No. 72 was initiated as a result of a petition signed by the owners of 740 of the assessable property. On • February 13, 1995, the City Council accepted a preliminary Engineer's Report for the proposed District, adopted a Resolution of Intention to form the District, and set public hearings for March 27 and April 10, 1995. Action on the District will be taken after the second public hearing. He stated the total cost is estimated at $257,210 and all assessments are equal and estimated to be $3,782.50. An informal meeting was held in the Council Chambers on March 14, 1995 to discuss the proposed District, and to date, no protests have been received. Dick Salcido, 29 Balboa Coves. President of Balboa Coves Community Association, addressed the Council in support of the proposed Assessment District. He stated the process to get this project underway started almost four years ago and they are anxious to get implemented as soon as possible. otion x Hearing no others wishing to address the Council, 11 Ayes motion was made by Mayor Pro Tem Debay to continue this public hearing to April 10, 1995 as • recommended. 21. Mayor Hedges opened the public hearing to Marine Forest consider the HARBOR PERMIT APPLICATION OF Society MARINE FORESTS SOCIETY. (51) Report from Marine Department. Volume 49 - Page 112 CITY OF NEWPORT BEACH MINUTES ROLL CALL ¢ QCwW0 W z ¢ UJ = U W °Z U w 0 March 27, 1996 - - -- - - -� INDEX The City Clerk advised that after the agenda was Marine Forest • printed, letters were received regarding the Society proposed application from the following: Robert Clarke, Newport Beach, California Coastal Commission; Russ Izor, Torrance; and Maryland Department of National Resources. Tony Melum, Acting Marine Director, addressed the Council and stated this application is before the City Council as required by Section 5 -13 of the Harbor Permit Policies. The applicant is proposing the construction of a demonstration project approximately 500 to 1,000 yards offshore from the Balboa Pier and the Balboa Peninsula. The proposal is funded in part by the California Integrated Waste Management Board to determine the feasibility of using scrap tires to create artificial reefs. Approximately 30,000 tires in "ribbons" will be anchored in two 10 -acre parcels to increase habitat for marine resources. In October 1994, the applicant approached the City with the proposed project. The matter was referred to the Tideland Affairs Committee for review, and they made the following • recommendations; 1) that the applicant apply for a Harbor Permit, and 2) that the City commence preparation of an initial study managed by the Planning Department and paid for by the applicant. As a result of that study, a Negative Declaration was prepared and recommendations were developed as set forth on the Agenda. The following persons addressed the Council in support of the proposed project: Richard A. Higbie, 108 33rd Street, representing the applicant David Kulcinski, P.O. Box 314, Santa Ana Bob Clarke, 215 Tustin Avenue Sid Softer, 900 Arbor Street, Costa Mesa Greg Schwenk, Member, Environmental Quality Committee Bob Boston, 58 Beacon Bay It was indicated by the above speakers that it has been the "dream" of the Marine Forests Society to create habitats for fish and other marine life and return to the sea what has been taken; the Society has invented a unique way to use the tires to create the marine habitat which makes the finest armatures for artificial reefs of any product the Society has been able to locate; there has been a decline in marine resources over the years with no programs to correct this deficiency until now; there Volume 49 - Page 113 ROLL CALL Motion C l All Ayes • CITY OF NEWPORT BEACH MINUTES U) A CE X W F- Xm CE imMX0Z L9 =°uo w W March 27, 1995 INE are many positive benefits connected with this Marine F project: the Marine Forests Society is a top -notch Society organization and they have addressed all the concerns in their Negative Declaration voiced from the public and public agencies, and therefore, their application should be approved. Hearing no others wishing to address the Council, the public hearing was closed. x Motion was made by Mayor Pro Tem Deboy to adopt the Negative Declaration and approve the Harbor Permit Application for the Marine Forests Society Tire Reef Demonstration Project, subject to the findings and conditions contained in Exhibit A, and the following two additional Conditions of Approval: 1)Permittee shall agree in writing to defend, indemnify and hold harmless the City and its officers, employees and agents with respect to any claim, cause of action, damage or injury that arises out of, or is in any way related to the project, and 2)Permittee shall agree in writing to grant City the right to remove some or all of the project upon a determination by the City Council that there is substantial evidence the project is having a significant adverse impact on water quality, public safety, marine organisms or beach erosion. It was indicated by Mr. Higbie that they had no objections to the above two conditions. Council Member Edwards recognized Rodolphe Streichenberger of the Marine Forests Society, commended him on the proposed project, and stated he hopes this is a successful adventure for all concerned. The motion was voted on and carried. PUBLIC COMMENTS Phil Sansone, 215 Marguerite Avenue, addressed the Council regarding the operation of the four County landfills, noting that each of the sites has the capacity of accepting 5,000 tons of refuse daily which adds up to 3 million tons a year at $22.75 per ton. He discussed the future of these four sites, importing trash into the County from other Volume 49 - Page 114 EX orest: ROLL CALL • • CITY OF NEWPORT BEACH MINUTES Cn X P Ld H i 3 - Q w Q= Ld 0 M x o-J W" > o Ld z o Mareh 27, 1995 I Nli Counties, and the proposed increase in fees by the County to $35 per ton. He pointed out that Newport Beach is the only City in the County who does not charge its residents for trash service pursuant to its Charter, and therefore, the increase will have a direct impact on the City's General Fund. Council Member Edwards advised Mr. Sansone that the Mayor has already sent a letter to the County advising them of the City's opposition to the proposed increase in fees, and the impact it would have on the City. • Joseph J. Lesko, 3419 Via Lido, #204, addressed the Council and submitted a copy of a letter he had written to President Bill Clinton and other Legislators regarding a violation he received for working without the benefit of a business license. He stated that he is a plumbing contractor by trade, and was only helping a friend repair a bookcase when he was cited. He stated he went to court and was found guilty and fined $405 or 48 hours of community service. He has appealed his case which will be heard on April 3, 1995. The City Attorney advised that his office does not prosecute Municipal Code violations as this is handled by the District Attorney's office pursuant to contract. • Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council and cited articles from a recent Beverage Bulletin regarding higher taxes on distilled spirits, minor decoy rules by the Alcoholic Beverage Control Board pertaining to drinking, etc., and stated he felt it would be beneficial to the City to subscribe to the magazine as well as the Restaurant News. ORDINANCE(S) FOR ADOPTION 22. Recycled report from Public Works/Traffic Ord 95— Engineering regarding proposed ORDINANCE NO. Pkg /Met 95 -7, being, (8 5 ) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.020 OF THE NEWPORT BEACH MUNICIPAL CODE BY ADDING PARKING METER ZONE NINE; AND 23. Recycled report from Public Works/Traffic Ord 95- Engineering regarding proposed ORDINANCE NO. Pkg /Met 95 -8, being, Fees (85) Volume 49 - Page 115 iEX 7 er Zn9 8 .er CITY OF NEWPORT BEACH MINUTES ROLL CALL in M ¢ 3 qQW W I-- ~"'g0OZ 3gUC70 ¢ N 0 WoJ0 2 > H W March 27, 1995 INDEX AN ORDINANCE OF THE CITY COUNCIL OF • THE CITY OF NEWPORT BEACH AMENDING SECTION 12.44.040(A) OF THE NEWPORT BEACH MUNICIPAL CODE ESTABLISHING PARKING METER FEES. It was noted that the California Vehicle Code requires that meter zones for on- street parking be established by Ordinance. The street ends at the beach between 37th and Summit Streets are being improved in accordance with the City's agreement with the Coastal Commission. This agreement was made to resolve the issue of beach encroachments. The improvements include the provision of one to three parking spaces on one side of each street. Per the City's agreement with the Coastal Commission, these spaces are to be metered in a manner similar to those in the West Newport Park, and the rates will be $1.00 per hour. Sid Soffer, 900 Arbor Street, Costa Mesa, addressed the Council regarding the Coastal Commission's parking requirements, and indicated he wished there was some way these requirements could be • less restrictive and more in line with the City's parking regulations. Motion x There being no further comments, motion was All Ayes made by Mayor Pro Tem Debay to adopt Ordinance Nos. 95 -7 and 95 -8. 24. Proposed ORDINANCE NO. 95.9, being, Ord 95 -9 Entrtnmt on AN ORDINANCE OF THE CITY COUNCIL OF Vessels THE CITY 01- NEWPORT BEACH AMENDING (27/51) CHAPTERS 5.28 AND 17.14 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING ENTERTAINMENT PERFORMED ON VESSELS. Recycled report from City Attorney. It was noted that the City has adopted Ordinances regulating adult entertainment offered in land based businesses, and staff is now proposing amendments to Chapter 5.28 of the Municipal Code that would extend these regulations to live entertainment provided on vessels for which permits are issued pursuant to Chapter 5.18 or • Chapter 17.41 of the Code. Motion x There being no discussion, motion was made by All Ayes Council Member O'Neil to adopt Ordinance No. 95 -9. Volume 49 - Page 116 ROLL CALL • Motion All Ayes Red Green Motion All Ayes is • CITY OF NEWPORT BEACH MINUTES A cr: X WXn H F — Q MMXOZ LLI =°uo w L March 27, 1995 IND CONTINUED BUSINESS 25. BICYCLE TRAILS CITIZENS ADVISORY COMMITTEE. BT /CAC X Motion was made by Mayor Hedges (District 1) to defer his appointment to April 10, 1995 to fill unexpired term of Melvin S. Mann ending December 31, 1995. 26. PARKS, BEACHES & RECREATION COMMISSION. PB &R Cm; X Alexandria Phillips was assigned the red light. x x x x x x Kenneth Bonner was assigned the green light. Kenneth Bonner was appointed to HII the unexpired term of Cheryl Hart, ending June 30, 1998. 27. BALBOA PENINSULA PLANNING ADVISORY Bal Pns: COMMITTEE. Ping Cm- x Motion was made by Mayor Hedges to appoint Member at Large Carol Hoffman; and remaining appointments to Balboa Peninsula /Lido Area and Member at Large deferred to 4- 10-95. Meeting adjourned at 9:20 p.m. errreaar a rrarra•saa The agenda for this meeting was posted on March 22, 1995 at 10:30 a.m.,on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: tR1 City Clerk U ri 1. z:' Volume 49 - Page 117 EX "n La :e