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HomeMy WebLinkAbout10/09/1995 - Regular MeetingROLL CALL • Present Motion All Ayes Motion All Ayes • • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PI ACF• r^iinen C6nm6nrc MINUTES u, N Ir J TIME: 7:00 P.M. _ > Lu Lj >w " DATE: October 9, 1995 CE 3 H-jmm C[:0 OZ q¢ w W O J I CLOSED SESSION - 5:30 -Mm. [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED - None RECESSED AT 6:45 P.M. RECONVENED AT 7:00 P.M. for regular meetina Pledge of Allegiance. x x x x x x x ROLL CALL x Reading of Minutes of Meeting of September 25, 1995, 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. Mayor Hedges announced that in celebration of the 90th Anniversary of the Balboa Pavilion on Friday, October 13, the Balboa Merchants and Owners Association are hosting a Stan Kenton Alumni Big Band Dinner Dance commencing at 6:30 'p.m., with tickets at $40 each. Everyone is invited to attend. Mayor Hedges presented Certificates of Appreciation to former Planning Commissioner Gary DiSano, and former Arts Commissioner Marilee Stockman for their service to the City. Council Member Edwards, who served on the Planning Commission with Mr. DiSono, stated it was a pleasure serving with him as well as getting to know his family. He wished him the very best and thanked him for his continued service in the area of volunteerism. Mayor Hedges announced that the legal counsel for the THUNDERBIRD CLUB (Agenda Item 24), has requested that their continued public hearing be moved to the last item on tonight's agenda, and therefore, the Mayor moved to grant the requested action. 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: None Volume 49 - Page 442 NDEX CITY OF NEWPORT BEACH MINUTES ROLL CALL v 3 Q3q=°L5o F--pM r w w 0z H October 9, 1995 INDEX • CONSENT CALENDAR Motion x The following items were approved, except for those Hems All Ayes removed: ORDINANCE(S) FOR INTRODUCTION Schedule for public hearing on November 13,1995: 1. Proposed ORDINANCE NO. 95 -51, Ord 95 -51 Councilmanic CHANGING AND REDEFINING THE Districts BOUNDARIES OF THE COUNCILMANIC (24) DISTRICTS WITHIN THE CITY OF NEWPORT BEACH. [Report from Planning Department] 2. Proposed ORDINANCE NO. 95 -52, Ord 95 -52 Ebell Club AMENDING PORTIONS OF DISTRICTING MAP (9 4 ) NO. 10 AND REZONING THE PROPERTY FROM THE R -3 DISTRICT TO THE R -1 DISTRICT - REQUEST OF EBELL CLUB, 515 WEST BALBOA BOULEVARD (PLANNING COMMISSION PCA 828 AMENDMENT NO. 828). [Report from • Planning Department] 3. Proposed ORDINANCE NO. 95 -53, Ord 95 -53 Offenses /Nui: AMENDING CHAPTER 10.26 OF THE NEWPORT Noise Levels BEACH MUNICIPAL CODE TO REVISE NOISE (70/94 LEVELS FOR RESIDENTIAL AREAS ADJACENT TO COMMERCIAL AREAS AND TO EXEMPT NOISE SOURCES ADDRESSED BY PREVIOUSLY DISCRETIONARY APPROVALS. [Report from Planning Department] RESOLUTION(S) FOR ADOPTION 4. Resolution No. 95 -111, initiation of PLANNING PCA 834 COMMISSION AMENDMENT NO. 834 (Title 20 of the Zoning Newport Beach Municipal Code) to conduct a Res 95-111 comprehensive update of the Zoning Ordinance. (94) [Report from Planning Department] CONTRACT(S) AND AGREEMENT S. AWARD OF CONTRACT, BALBOA ISLAND STREET Bal Is St Lgi LIGHT REPLACEMENT PROJECT PHASE I, CONTRACT Rplcm /Phase NO. 3063 - Find based on evidence submitted, that C -3063 • the "apparent low bidder', TDS Engineering, (3 8 ) committed an error in preparing their bid proposal, and approve the written request of the "apparent low bidder', TDS Engineering, to rescind their bid because of the error, find that F. J. Johnson submitted the "lowest responsible bid" and that Volume 49 - Page 443 ROLL CALL • • CITY OF NEWPORT BEACH MINUTES A' of 3 w H X U CE M (n LLJ 0 P X LD d > 0 0 J w 2 October 9, 1995 I NT they can meet the requirements for completing the proposed contract work and declare them the "low bidder", and award contract in the amount of $289,525. [Report from Public Works Department] 6. BIKE TRAIL AND STREET IMPROVEMENTS, IRVINE Bike Tr AVENUE AND UNIVERSITY DRIVE ADJACENT TO Imprvms, UPPER BAY REGIONAL PARK CONTRACT NO. 2851 - Av & Un: Approve Funding Assistance Agreement with C -2851 County of Orange for construction of the street (3 8 ) and bike trail improvements adjacent to Upper Newport Bay Regional Park and authorize the Mayor and City Clerk to execute the agreement; approve the plans and specifications for construction of bike trail and street improvements - Irvine Avenue from 22nd Street to University Drive and University Drive from Irvine Avenue to easterly terminus; authorize the advertisement for construction bids for subject contract; and approve a budget amendment to increase revenue $817,689 in the Contributions Fund and appropriate $817,689 to Account No. 7254 - 05100137. [Report from Public Works Department] 7. PERSONNEL VACANCIES - Report from (66) Administrative Services Director. 8. CLAIMS - For Denial by the City Manager. (3 6 ) Steven Berry, alleging severe injuries as a passenger in taxicab which hit trash dumpster on Bayside Drive approximately 1000 feet east of Harbor Island Drive on April 1, 1995. Winona Hayko, alleging she had to replace tire after hitting metal object on Newport Coast Road on September 16, '1995. Casey Jones, alleging tire damage to vehicle as a result of running over large piece of metal which was left in roadway due to construction in area of Lido Park Drive on September 14, 1995. Tina Louise lalne, alleging damage to vehicle as a result of being hit by City vehicle on Garden Grove Freeway on June 8, 1995. Estela Marilu Hermosilla Meneses alleging that while being cited for a violation on Balboa Peninsula on September 17, 1995, police officer violated her civil rights. [Report from Police Department attached for Council only] Encka Meyer alleging his vehicle was splashed with wet concrete due to construction in area of 9471 Rambler Drive on September 7, 1995; seeking reimbursement of $38.99. Volume 49 - Page 444 ,EX ail /St rIrvin Lv Dr CITY OF NEWPORT BEACH MINUTES ROLL CALL vi � ¢�Q� Q¢WAOOz 1AMMM000 r w October w >w H 9, 1995 INDEX • Martha K. Pipino, alleging personal injuries as a result of trip and fall on area of curb on Flagship Road on May 31, 1995; seeking $250,000 in general damages. Robert and Colleen Walker alleging property damage as a result of water runoff from Santiago /22nd Street. Michael L Walterhouse alleging personal injuries as a result of hitting unlit trash dumpster on Boyside Drive approximately 1000 feet east of Harbor Island Drive on April 1, 1995. 9. PLANNING COMMISSION AGENDA - October 5, (68 ) 1995. 10. Removed from the Consent Calendar. 11. RESUBDIVISION NO. 786 - Approve the Resub 786 improvement plans and specifications and accept (8 4 ) the public improvements constructed in conjunction with Resubdivision No. 786, located at 4655 Birch Street, on the northeasterly comer of . Birch Street and MacArthur Boulevard, in the Koll Center Newport Planned Community; authorize the City Clerk to release the faithful performance bond and the labor and material bond (Bond No. 5240 87 98) for the completion of improvements along the MacArthur Boulevard and Campus Drive frontages; authorize the City Clerk to release the faithful performance bond and the labor and material bond (Bond No. 5240 87 99) to guarantee construction of a traffic signal at the intersection of Birch Street and the Main driveway if warrants were met within 5 years of the time of development. [Report from Public, Works Department] 12. RESUBDIVISION NO. 465 (Corporate Plaza) - Resub 465 Approve the improvement plans and (8 4 ) specifications and accept the public improvements constructed in conjunction with Resubdivision No. 465, property bounded by East Coast Highway, Newport Center Drive, Farallon Drive and Avocado Avenue in Newport Center, authorize the City Clerk to release the faithful performance bond and the labor and material bond (Bond No. 5240 76 19) for construction of • street improvements along the westerly half of Avocado Avenue between East Coast Highway and Farallon Drive; and release the faithful performance bond and the labor and material bond (Bond No. 5240 76 18) for the construction of street improvements along the East Coast Highway frontage. [Report from Public Works Department] Volume! 49 - Page 445 CITY OF NEWPORT BEACH MINUTES ROLL CALL U, M ¢�T- X Q3q H- CE r MM w =°0o w >w 0Z H October 9, 1995 INDEX • 13. TRAFFIC SIGNAL MODIFICATIONS AND Trfc Sgnl Mod INTERCONNECT AT VARIOUS LOCATIONS, & Internct CONTRACT NO. 3008 - Accept the work; assess C -3008 Liquidated Damages in the amount of $6,250 and (38 ) authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. [Report from Public Works Department] 14. HARBOR PERMIT APPLICATION 105 -2209 - Approve Harbor Perm request by Cyrus Tabaz to revise the residential Apl #105 -2209 float bayward of 2209 and 2211 Bayside Drive, (51) subject to conditions in the staff report. [Report from Fire and Marine Chief] 15. COPS MORE GRANT PROPOSAL - Authorize the PD acceptance of the COPS MORE Grant as awarded (7 0 ) by the Justice Department in the amount of $318,586 and approve the rehire of two police officer positions for deployment into the Patrol Division as part of the Community Oriented Policing Program. [Report from Police Chief] • 16. Removed from the Consent Calendar. 17. Removed from the Consent Calendar. 18. SPECIAL EVENTS APPLICATION - Approve the Special following application, subject to conditions in the Events Apl# staff report from the Recreation Manager, 95 -322 Community Services Department: (27 ) Application No. 95 -322, Toshiba 20th Anniversary Party with Fireworks Display, by Creative Meeting Service, Wednesday, October 18, 1995 from 6 - 10 p.m., at the Newport Dunes Resort. 19. BUDGET AMENDMENTS (40) BA -012, $130,000 •• Increase Budget Appropriations from unappropriated surplus fund balance to provide for POLICE DEPARTMENT computer upgrade capital project account. [Memorandum from Administrative Services Director] BA -013, $1,200 - Increase in Revenue Estimates • and Budget Appropriations from additional estimated revenues to accept and appropriate a donation to be used for the 1995 CITY YOUTH TRACK AND FIELD CHAMPIONSHIPS. Volume 49 - Page 446 CITY OF NEWPORT BEACH MINUTES ROLL CALL l Q Q�CE( A¢WQ W x M n M °�? U x >w 0 H 0 October 9, 1995 INDEX • BA -014, $33,878 - Increase in Revenue Estimates and Budget Appropriations from additional estimated revenues to accept and appropriate donations to be used to fund the library's monthly Sunday Musicale series, to implement the library orientation program for school children and supplement the LIBRARY MATERIALS BUDGET and to purchase computer equipment. BA -015, $817,689 - Increase revenue in the Contributions Fund for BIKE TRAIL AND STREET IMPROVEMENTS [refer to report w /agenda item 61. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. STATUS REPORT from Public Works Department FOR PW /Dover Dr DOVER DRIVE RECLASSIFICATION. Reclsfctn (74) The Public Works Director advised the subject request was submitted to the County, but was not acted on due to reorganization associated with the bankruptcy. The County reorganization eventually resulted in the transfer of responsibility • for the Master Plan of Arterial Highways to the Orange County Transportation Authority (OCTA). The request is being considered; however, they are changing the rules and regulations on how to modify the MPAH which should be approved in about 30 to 45 days. OCTA has informed City staff that the Dover Drive request will be the first reclassification that they process, and it is the staff's hope that it will be accomplished by February or March, 1996. Motion x There being no comments, motion was made by All Ayes Council Member Edwards to receive and file the subject report. 16. Report from City Manager regarding HUMAN (4 0 ) SERVICES ORGANIZATION ASSISTANCE REQUESTS. Motion x Motion was made by Council! Member Glover to not approve the proposed allocation of $2,900 to the Orange County Human Relations CouncU, but rather allocate the money to the Newport Harbor High School Debate Team. Mayor Hedges asked the maker of the motion N she • would agree to dividing the $2,900 between Newport Harbor and Corona del Mar high schools debate teams, to which she had no objection, if applicable. The City Manager stated that if the Council were to approve the above action, he will direct staff to follow up on in terms of the two organizations, how Volume 49 - Page 447 CITY OF NEWPORT BEACH MINUTES ROLL CALL q ��¢' Q� LilXQMUUO W (n W o � 'W J? J H October 9, 1995 INDEX • the money will be transacted, the type of program it will help fund, etc., before the actual money is transmitted to the schools. Ayes x x x x x x The motion was voted on and carried. Noes x 17. APPEAL OF SHERRY BROWN FOR RENEWAL OF Massage MASSAGE OPERATOR'S PERMIT from Hearing Permit Officer's report to deny the subject permit. (2 7 ) The City Clerk advised that after the agenda was printed, a letter was received from the legal counsel representing the above appellant, requesting this item be continued to November 27, 1995. Motion x Motion was made by Mayor Pro Tern Debay to All Ayes approve the subject request. PUBLIC HEARING(S) • 20. Mayor Hedges opened the public hearing regarding proposed alterations to the rate and Planning /CIOS (6 8 ) method of Apportionment of the Special Tax in connection with SPECIAL IMPROVEMENT DISTRICT NO. 95 -1 (CIOSA). Report from Administrative Services Director. Mayor Hedges announced that: "This is the time and place for the public hearings in this Council's proceedings for alteration of the rate and method of apportionment of special taxes for City of Newport Beach Special Improvement District No. 95-1 (CIOSA). The hearings are to inquire into the proposed alteration of the rate and method of apportionment. "Before I formally open the hearings, are there any property owners or persons registered to vote in the District who wish to file written protests? If so, they must be filed with the City Clerk now. (there was no response) • "The hearings are now officially opened. To have orderly hearings, we will first have presentations by staff and the consultants about the proposed alteration of the rate and method of apportionment of special taxes for the District. After that, we will receive comments and questions and any oral protests from any interested persons. When all comments have been received, the hearings will be closed." Volume 49 - Page 448 CITY OF NEWPORT BEACH MTNTTTF.q ROLL CALL ¢ A�wW0 w:Kmz: ¢ Ld 0 uuo > °Z w October 9, 1995 INDEX • Dennis Danner, Administrative Services Director, by CIOSA way of background, stated that the City and The Irvine Company entered into the Circulation Improvement and Open Space Agreement ( CIOSA) on June 36, 1993. On June 12, 1995, the City Council approved the Special Improvement District Report, and other documents pertinent to this issue. On June 26, 1995, the City Council approved the Official Ballot, a Resolution Declaring the Results of the Special Election, an Ordinance Levying Special Taxes, and a Notice of Special Tax Lien. Subsequent to that meeting, The Irvine Company requested permission to alter the Rate and Method of the apportionment of the special tax. Accordingly, on August 28, 1995, the City Council adopted a resolution considering this alteration and set October 9, 1995 as the public hearing to take action on the request. Recently it was discovered that a clerical error allowed the inclusion of an extraneous parcel in the district. In order to proceed with the CIOSA financing, the City Council should take the actions as listed on the agenda. Council Member O'Neil pointed out that the proposed assessment district is exclusively for Irvine Company property and that there will be no special tax imposed on any resident or business in the City as a result of the Council's action. Motion X Motion was made by Council Member O'Neil to All Ayes approve the following: Resolution No. 45 -112, Ordering Correction of Res 95 -112 Clerical Errors. First Amendment to Notice of Special Tax Lien. Amended Boundary Map Instructions. There being no protests, Mayor Hedges closed the public hearing. Motion x Motion was made by Council Member O'Neil to Res 95 -113 All Ayes adopt Resolution No. 95 -113, calling Special Election. At this time, the Mayor asked the City Clerk to open • the ballots and announce the results of the election. The City Clerk announced that 124 votes were cast from qualified landowners and that there were no protests. Volume 49 - Page 449 CITY OF NEWPORT BEACH MINiTTF.q ROLL CALL A` qaWWO W 3A=��o > °Z W October 9, 1995 INDEX • Mayor Hedges stated that the results of the CIOSA election being unanimously in favor of the alteration of the rate and method of apportionment of special taxes for the District, the Council may proceed with the final actions for the District. Motion x Motion was made by Council Member O'Neil to All Ayes approve the following: Official Ballot and Ballot Envelope. Canvass and Statement of Results of Election. Resolution No. 95 -114 of Change. Res 95 -114 Second Amendment to Notice of Special Tax Lien. Introduce ORDINANCE NO. 95 -54 Levying Ord 95 -54 Special Taxes and pass to 2nd reading on October 19, 1995. Agreement for Bond Counsel Services between • the City and Jones Hall Hill & White, a Professional Law Corporation. 21. Mayor Hedges opened the continued public Balboa Trsnpr hearing regarding request of BALBOA TRANSPORT, Certif Conv 5432 Mildred Circle, Cypress, for CERTIFICATE OF (27 ) PUBLIC CONVENIENCE AND NECESSITY to operate a public transportation vehicle. Memorandum from Revenue Manager. The City Manager noted that the Revenue Division recommends Council continue this public hearing to the November 13, 1995 Council meeting. Should the applicant not be able to evidence satisfaction of the safety equipment requirements by that meeting, this office will recommend Council conduct the public hearing and deny the requested Certificate. Motion x There being no one wishing to address the Council, All Ayes motion was made by Council Member O'Neil to continue this public hearing to November 13, 1995 • as recommended. 22. Mayor Hedges opened the public hearing Ord 95 -47 regarding proposed ORDINANCE NO. 95 -47, Zoning (94) AMENDING TITLE 20 OF THE MUNICIPAL CODE PERTAINING TO DEFINITIONS OF BARS AND THEATRE /NIGHTCLUBS (PLANNING PCA 825 COMMISSION AMENDMENT NO. 825). Volume 49 - Page 450 CITY OF NEWPORT BEACH MINUTES ROLL CALL M 3 W3A=°0o rpMM r N w 0z (Y w J October 9, 1995 INDEX • Report from Planning Department. Ken Delino, Assistant City Manager, Planning /Building, advised that the proposed amendment will revise Table 20.33 of the Municipal Code to list "bar" and "theatre /nightclub" as a permitted use subject to the securing of a use permit in each case. Motion x There being no one wishing to address the Council, All Ayes the public hearing was closed, and motion was made by Mayor Pro Tem Debay to adopt Ordinance No. 95 -47 and Resolution No. 95 -115, Res 95 -115 approving Planning Commission Amendment No. 825, amending various Planned Community District Regulations to Add "Bars" and "Theater /Nightclubs" to the list of permitted uses, subject to the securing of a use permit in each case. 23. Mayor Hedges opened the public hearing Ord 95 -48 regarding proposed ORDINANCE NO. 95 -48, Zoning (94) AMENDING TITLE 20 OF THE NEWPORT BEACH • MUNICIPAL CODE SO AS TO LIMIT AUTOMOBILE REPAIR USES IN THE MARINERS MILE SPECIFIC AREA PLAN DISTRICT TO THOSE WHICH ARE ANCILLARY TO AUTOMOBILE SALES USES (PLANNING COMMISSION PCA 830 AMENDMENT NO. 830). Report from Planning Department. It was noted that the proposed amendment is intended to insure consistency with the purpose and intent of the Land Use Element of the General Plan and of the Mariners Mile Specific Area Plan. Both documents state that the purpose of Retail and Service Commercial is to provide for uses that are predominately retail in character. Automotive repair uses operating independent of a retail automotive sales use would run counter to that stated purpose. Hence, there is a need to make a distinction between independent automobile repair uses and those which are ancillary to retail automobile sales uses. The Retail and Service Commercial District in the Mariners Mile Specific Area Plan currently allows automobile repair uses • with a use permit. The proposed amendment would limit such uses to those ancillary to an existing automobile sales use within the specific plan area. As an ancillary use, it must be clearly incidental to and subordinate to and serve the principle use. Volume 49 - Page 451 CITY OF NEWPORT BEACH MINUTES ROLL CALL A' X w F X } Q w CO = X c°» w O ~ Z o October 9, 1995 INDEX n x There being no one wishing to address the Council, A Ayes the public hearing was closed, and motion was made by Council Member Glover to adopt Ordinance No. 95 -48. 24. (Refer to Minute Page 455) PUBLIC COMMENTS • Tom Hyans, 217 19th Street, addressed the Council and discussed the increase of staff, stating that after about six months of perusing the City's budgets for 1993 -94 and 1995 -96, he has found that in the 1993 -94 budget, the salaries and benefits were $48.3 million, and in the 1995 -96 budget, the salaries and benefits were $50.6 million. The headcount has decreased in those two years on full time positions by 56 people and by total employees 101. In accomplishing that reduction in manpower, the salaries have gone up by 5% while the decline in headcount has been 7.8 to 12.5 %. The average salary for all employed persons for the City has increased in the two -year period from $60,000 to $71,875. As a result, he fails to see where any • economizing has been accomplished. Y Council Member Wati announced that this Saturday, October 14, there will be the first annual Run /Walk for Clean Water event sponsored by the Surfriders Organization and the City, and will begin at 8:00 a.m. at 6th Street and Balboa Boulevard. • With regard to the proposed Irvine Ranch Water District Wetlands proposal, Council Member Watt stated the Council appreciates all the comments, letters, telephone calls, etc., regarding this issue; however, the decision making body is the Santa Ana Regional Water Quality Board. The City's Harbor Quality Committee held a meeting this afternoon and will be holding another meeting on October 19 at 3:30 p.m. in the Council Chambers Conference Room. The public is welcome and she will keep the Council updated on this subject. She further noted that the Irvine Ranch Water District will not certify the EIR until sometime in November and the Santa Ana Regional Water Quality Board will not be meeting on this matter until January 1996. • CURRENT BUSINESS 25. Executive Summary Report from General Services GS /Solid Wast Director regarding SOLID WASTE ISSUES: (44) Automated Refuse Collection (ARC), Rubbish Limits, Green Waste, Non - Exclusive Solid Waste Collection Franchise update, Refuse Scavenging, and Recycling Surcharge Volume 49 - Page 452 ROLL CALL • • • CITY OF NEWPORT BEACH MINUTES A ¢�¢U 3 Q¢ww0w% W HimrmX0Z 3A w =UC70 w H >w October 9, 7995 IND The City Manager outlined the above issues and Solid We the recommended action for each item as follows: (a) Automated Refuse Collection (ARC) - Retain the current manual refuse collection system; (b) Rubbish Umits - Direct staff to prepare an ordinance limiting weekly residential rubbish to 6 containers (bags, cans, or a combination) not to exceed 200 pounds in weight per, residence serviced by City staff, (c) Green Waste - Consider the implementation of a green waste recycling program at a later date pending any changes of the State recycling mandate; (d) Non - exclusive Solid Waste Collection Franchise Status Report - Direct staff to finalize a non - exclusive franchise agreement, resolution, and an ordinance related to the administration of all commercial solid waste activities and report back to Council no later than November 13. 1995; (e) Refuse Scavenging (Informational report only); and (1) Recycling Surcharge (Refer to Executive Summary Report). With respect to Item (d) above, the City Manager noted that staff has held two meetings with the current refuse haulers who have solid waste permits in the City, and as a result of these discussions, staff is recommending that the City begin with a monthly franchise fee of 5.5% of gross monthly paid receipts, increasing over a five -year period to 10.5 %. Staff is also recommending a 10 -year term for this non - exclusive franchise. With regard to the proposed indemnification clause for environmental liability, there are some concerns from the refuse haulers inasmuch as there are not that many carriers that provide that type of protection. An update on this issue will be given on November 13. Bob Small, 401 39th Street, addressed the Council regarding the need for additional trash containers in West Newport, and stated he felt that limiting the number of trash containers, etc., for residential rubbish, will not solve the problem. He stated that homeowners as well as renters must figure out a way to get their refuse removed in a timely manner every week. He urged the Council to come up with a method whereby, "if the trash is not taken care of by the property owner or renter, then the City can go out and pick it up and bill that labor back to the tenant or landlord." He also discussed the placement of refuse containers and his concern over keeping them covered. Volume 49 - Page 453 EX iste CITY OF NEWPORT BEACH MINUTES ROLL CALL Ul Q�¢� Mcl:WWxoz WXm=°uo r W w >w ~ October 9.1995 INDEX • Mayor Pro Tem Debay responded to the above, Solid Waste noting that the City's Code Enforcement Officer did visit the alley behind Mr. Small's home, and letters were written to the offending individuals. She has also given staff photographs of other areas where violations exist. Madelene Arakelian, South Coast Refuse, addressed the Council and expressed appreciation to the staff for the two recent meetings regarding the proposed non - exclusive solid waste franchise issue, and the opportunity the refuse haulers were given for input. However, she is concerned with the indemnification requirement because of the difficulty in finding coverage for the "small- time" operator, and she is hopeful that staff will meet with the haulers again so they can discuss this issue further. Council Member O'Neil advised that his law firm represents Western Waste Industries on some trash issues in the County, and accordingly, he has a legal conflict, and therefore, will refrain from discussing this issue with any members of the City • Council or staff, and will continue to take no part in any decision making process or attempt to influence the decision with regards to the granting or non - granting of exclusive franchises. Bruce Lloyd, 1826 Toyon Lane, addressed the Council and stated he was pleased to see that staff is recommending the City retain its current manual refuse collection system; however, he is opposed to placing limits on the amount of rubbish picked up as referenced in (b) above. He stated that he and his wife do their own gardening, trimming of trees, etc., and will exceed the recommended 200 lbs. He is also hopeful the City will be doing something about green waste in the near future, as well as the policing of scavengers. With respect to the staff's recommendation regarding rubbish limits, Council Member O'Neil suggested consideration be given to placing a provision in the proposed Ordinance which would allow for exceptions to the rubbish limit during those periods of the year when more refuse is placed at the curb than normal, i.e., holidays. He • indicated that what the City is attempting to do regarding this issue is to prevent abuses of the system where individuals put out large quantities of trash with many, many containers. On this same note, the City does not want penalize those who from time -to -time clean out their garage or do major trimming of their landscaping. Volume 49 - Page 454 ROLL CALL Motion All Ayes Motion Motion Ayes Noes Motion All Ayes • Motion Ayes Abstained • CITY OF NEWPORT BEACH MINUTES u•, Q X M W F -ggXOZ Q X ¢ W M N Ld 0 W O U > J 0 H W 0 October 9, 1995 I ND Following comments, the Council took the Solid W� following actions: X (a) Automated Refuse Collection (ARC) - Motion was made by Council Member Watt to retain the current manual refuse collection system. X (b) Rubbish Limits - Motion was made by Council Member Glover to not limit the amount of weekly residential rubbish. X Substitute motion was made by Council X x x x Member Waft to limit the weekly residential X X X rubbish to 6 containers (bags, cans, or a combination) not to exceed 200 pounds In weight per residence serviced by City staff, but that the proposed Ordinance include the suggestion made by Council Member O'Neil regarding exceptions for holiday periods. X (c) Green Waste - Motion was made by Council Member Debay to consider the implementation of a green waste recycling program as soon as possible pending any changes of the State recycling mandate. X (d) Non - exclusive Solid Waste Collection X x x X x x Franchise Status Report - Motion was made by X Council Member Edwards to direct staff to finalize a non - exclusive franchise agreement, resolution, and ordinance related to the administration of all commercial solid waste activities. and report back to Council no later than November 13, 1995; with the understanding that staff will continue to meet With refuse haulers regarding their concerns, and that the non - exclusive franchise not be limited to just the current haulers. (e) Refuse Scavenging (No action required, informational only; however, staff was requested to monitor this issue and report back in 30 days.) (f) Recycling Surcharge (No action required, informational only.) 24. At this time, the City Attorney advised that he and U/P 191 Mr. Montgomery, the Attorney representing the Thunder THUNDERBIRD CLUB AT 3505 VIA OPORTO, have Club some concerns about the Administrative Record (8 8 ) that need to be resolved within the next few days, and as a result, they are both recommending the Council continue the public hearing to 6 p.m., October 19. Volume 49 - Page 455 IEX Lste 6 (A) bird CITY OF NEWPORT BEACH MINUTES ROLL CALL v, Q q��Q W F-a:0 zma:000 } w °J? w >W ~ October 9, 1995 INDEX M�n x Motion was made by Council Member Edwards to A x x x x x x approve the above recommendation, with the Abstained x understanding that the hearing was closed as of September 25, 1995, as to documentation and testimony, and that the meeting on October 19 will be solely limited to argument. 26. Report from Community Services Director and Fire Fire /Marine and Marine Director regarding the BLACKBALL Blackball ISSUE. Issue (51) Petition with 2,082 signatures in support of the Newport Surf Council and the No Blackball Regulation. The City Clerk advised that two letters were received after the agenda was printed, one from Brent Jacobsen, Marine Safety Officers Association, recommending the? City leave the current surfing regulations intact for the reasons stated in their letter, and Cindy Gittleman, resident, expressing her viewpoint on this issue. The City Manager advised that the "blackball' • issue had been referred to the Parks, Beaches and Recreation Commission by the City Council at the request of Mayor Hedges with the direction that they consider a program that would allow discretionary enforcement of the blackball restrictions. A sub - committee was formed, there was extensive dialogue on this issue, and recommendations from the Commission as well as the Fire and Marine Department are set forth in the respective staff reports for not only the blackball issue, but also the surfing regulations at the "Wedge." Mayor Hedges stated it was his intent when he requested this matter be reviewed by the Parks, Beaches and Recreation Commission, to give the Marine Division discretionary decision- making authority to manage the beach in the most appropriate manner. Currently, the Marine Department does not have the ability to take down the blackball flag when "it makes sense to do so." Mayor Pro Tern Debay requested the record show • that in the Saturday edition of the Los Angeles Times, there was an opinion attributed to her. She called the newspaper and asked for a correction and retraction inasmuch as she was quoted as stating that the vote on this issue should be postponed because of homeowners concerns that Volume 49 - Page 456 CITY OF NEWPORT BEACH MINUTES ROLL CALL [fi Cr 3 W H MMMU0o M n g X O J Z October 9, 1995 INDEX • property values in the area may drop because of Blackball the "bad image" associated with surfing. She Issue stated she wanted the public to know that she did not make such a statement and does not hold that opinion. If her,statement caused any of the surfing community discomfort, the L A. Times apologizes. The following persons addressed the Council regarding the "Wedge" and "Blackball" issues: Dan Horgan, 4802 Neptune Avenue, submitted photographs of the beach in West Newport near the 48th Street Lifeguard Tower, and stated he supports the recommendation of the Parks, Beaches and Recreation Commission to have three all -day surf and swim areas. He felt the recommendation is safe, cost - effective, practical to enforce, and would not negatively impact the local community. He also does not feel the proposed "discretionary authority" suggested by Mayor Hedges would work. Bob Murphy, 24211 La Hermosa, Laguna Niguel, representing the Wedge Preservation Society, • stated they are in support of designated surfing areas in the City, and also support the modification of the blackball perimeters at the Wedge and extending the hours from 8 a.m. to 6 p.m. They believe the best recommendation is not to just modify the current blackball hours, but to make it a year -round body surfing preserve so the Wedge can maintain its tradition as a body surfing Mecca as it is known world wide. Dan Taylor, 1949 Republic Avenue, stated he is a body boarder and felt the minority is dictating to the majority in this situation. He wants to ride his _body board at the Wedge and not be restricted to only body surfing at this location. Tim Antonoplos, 5107 Seashore Drive, stated he is opposed to the proposed blackball regulations because the new and lighter surfboards are not necessarily safer than their heavier predecessors, and pose more of a problem for swimmers trying to dodge incoming surfers; most of the new surf boards are sharply • pointed and able to puncture the skin of another board as well as a swimmer, and the fins are also very sharp and can cause cuts and deep gashes which require urgent medical attention; more people are using the beach Volume 49 - Page 457 CITY OF NEWPORT BEACH MINUTES ROLL CALL l 3 A Hp¢q 3 } A=° W AX0z W L9 ~ o Ocfober 9, 1995 INDEX • than ever before and this will only continue to Blackball grow; the West Newport Beach area already Issue has a difficult time with respect to parking and traffic problems which would only worsen if the proposed regulations are approved; if "discretionary authority" is given to the Marine Division as suggested by Mayor Hedges, who will be liable the first time there is a serious accident when the blackball should have been in effect, but lifted because the lifeguard felt the conditions warranted such. He recommended as a compromise, that the blackball regulations be lifted in very limited areas; that staff revisit the issue based on those limited areas, or allow lifting of the blackball regulations in limited areas, but keep the regulations in effect on weekends and holidays. In response to question regarding liability, the City Attorney stated that his office does not feel the City is exposed to any change in liability irrespective of what recommendation the Council approves. • Randy Brommiti, 114 33rd Street, suggested as an alternative compromise, that there be three or four all day surfing areas with the "blending in of some discretion as to the length of the blackball period." Terry Wade, Co-founder of the Wedge Preservation Society, supports the proposed development of surfing beaches in West Newport, stating that body surfers are not the minority at the Wedge as referenced earlier, and that he supports year -round body surfing at the Wedge. Cameron Sinclair, 216 34th Street, stated that because of Summer school, he and many of his friends cannot go surfing until after 5 p.m. because of the blackball being up when they get home from school. He stated he has also been hit by one of the newer -type surfboards and does not agree with the earlier speaker who said they had a very sharp end. • Dave Bent, 4904 Seashore Drive, stated he has been a board surfer for over 20 years on a body board as well as a fiberglass knee board, and is opposed to changing the existing blackball regulations in West Newport. He said that when the south swell "hits," some of the best surf is in Volume 49 - Page 458 CITY OF NEWPORT BEACH MINUTES ROLL CALL A Q�¢>W X Q 3 r pqQ ; w (D _ ° w 0Z H o October 9. 1995 INDEX • Newport Beach, i.e., 18th Street and the Point, Blackball the Upper Newport West Jetty field, and the issue Santa Ana River. He indicated the proposed change would not only result in additional enforcement, but could be very dangerous. Greg Reinker, 5319 Lido Sands Drive, stated he and his wife are avid swimmers and body surfers and strongly support the current blackball regulations which has worked well for a long time. He also said there have been very few injuries under the existing program. Dana Rohrabacher, Congressman 45th District, stated he felt the current blackball regulations are unfair, unjust, and do not make any sense to him. He stated that he surfs, feels it is a wonderful, positive and healthy sport, and to close off the beaches in the Summer months is not right. He also felt the proposed compromise for three ail -day surfing areas is something that should be considered. Doug Collier, 3105 Villa Way, stated he supports • the proposed three surfing zones, and felt it is a good opportunity to bring more youth into surfing. He also said that the blackball is already discretionary. Gerald Caterina, 119 15th Street, Huntington Beach, asked why the board surfers have so much and the body surfers have so little? He also suggested the Council enact more non - surfing areas and also extend the 40th Street non - surfing area to year- round. Craig Stoffel, resident of West Newport, stated he has surfed for 15 years, and supports the proposed surfing areas. He stated that his pursuit of happiness for the rest of his life is surfing and he feels that many others feel the same. Lara Horgan, 4803 Neptune Avenue, stated that even though she does not surf herself, she felt that surfers are good people and find a "oneness with nature" in the same way some • people meditate. She felt surfers are passionate and that surfing is a spiritual thing with many of them. She urged the Council to encourage surfing, particularly among the youth. Volume 49 - Page 459 CITY OF NEWPORT BEACH MINUTES ROLL CALL M 3 Q3Q=°Oo H } M w m X w 0 2 October 9, 1995 INDEX Robin Sinclair, 216 34th Street, stated she is a Blackball mother of four sons who all surf, and that one of issue her goals is to insure their safety which she feels surfing accomplishes. She stated it is difficult for them to surf in the morning because of Summer school, and therefore, must forego their favorite sport in the afternoon because of the blackball. She noted that pursuant to recent Council action, dogs have now been given additional time on the beaches, but yet surfers are not placed in as high regard. Vincent Citrano, 5509 Seashore Drive, stated that because surfers and swimmers are not allowed in the same waters, the City has an excellent safety record; by changing the regulations, property values could decrease, but it's too soon to tell; if the proposal is changed, there will be additional costs involved because of extra time at the beach by the lifeguards; safety has been enhanced because of the current blackball regulations and they should not be changed. • Diane Heimstead, 5503 Seashore Drive, stated she is married to an avid surfer, and they both agree that the current blackball regulations should remain status quo; as it stands now, nine months of the year, surfers have 10076 usage of the beach, but in the Summer, swimmers have only 4 hours each day. She noted that in many instances, the leashes on surfboards are not used, and she also felt that parking and traffic studies should be done prior to taking any Council action. Ken Bryant (no address given) stated he is a part-time resident and has enjoyed body surfing for over 30 years, and urged the regulations not be changed. He is fearful of swimming when there are boards in the water and feels there is enough time allotted for the surfers. Tom Holbrook, 220 Via Mentone Avenue, stated he has two sons who surf and favors segregated areas for surfers and swimmers. He stated he is employed by Quick Silver, and that in his travels • he has noticed that many coastal cities support designated surfing areas. Volume. 49 - Page 460 CITY OF NEWPORT BEACH MINUTES ROLL CALL (I: W F- 3 } n W x v W Jz 0 H o October INDEX • Mike Kilbride, 5515 River Avenue, stated he Blackball concurs in the recommendation of Mayor Issue Hedges to give discretionary authority to the Marine Division to lift the blackball when deemed appropriate. He did point out, however, that due to the number of uninformed visitors who use the beach and go into the water nearest to where they park, they could endanger themselves because of swimming with board surfers. Adam Cleary, former Marine Department employee, stated that from his experience when the blackball is down and swimmers are still going out, they seem to stay away from the surfers. He thinks that common sense will tell people where to swim or surf by noticing what activity is in the water. He also felt that the blackball creates a hazard because of the number of people in the water at one time. He stated he is also a body surfer and there is a lot of hostility at the Wedge with the body • boarders, and therefore, it should remain just for body surfers. Preston Murray, 1337 Sussex, stated he lives in the Westcliff area near Mariners Park, and by living near a park, he has to put up with the activity and parking in the area which he does not mind even though he may not get to use the park area directly across the street from his house. Along this same line, he felt that many of the homeowners in West Newport are asking the City to privatize their homes along the beach which he does not think is fair. Chris Clevidence, 4101 Seashore Drive, referenced the petition submitted with 2,082 signatures in support of the Newport Surf Council and the No Blackball Regulation, and stated that 1,056 signatures are Newport Beach residents which is over 51 %. He also responded to some issues which were referenced in the fall printing of the West Newport Beach Newsletter. Bill Madigen, Costa Mesa resident, stated he • attended two of the meetings held by the Parks, Beaches and Recreation Commission, and discussed the enforcement of the proposal relative to the blackball and the problems associated with that enforcement. He also stated that ff violations are not given, there is no Volume 49 - Page 461 CITY OF NEWPORT BEACH MINUTES ROLL CALL v X W3A Hp¢ggXOZ >- w =U0o w H October 9, 1995 INDEX • reason to comply with the regulations. He Blackball Issue noted that in 1994, there were over 33,000 warnings issued, and only six citations issued. He urged the Council to remember that surfers are not denied access to the water from Noon to 4 p.m., they just cannot use hard surfboards. Troy Manzer (no address given) stated he is a body boarder and respects the body surfers who use the Wedge and indicated they should feel the same. Kathy Anderson, 5403 Seashore Drive, stated she is in favor of keeping the blackball regulations as currently exists; the best time to surf in her area is the early morning; she also supports the Wedge being designated as a body surfing only area. Bill Sharp, 50 Cagney Lane, stated he has been involved with this issue since it was referred to the Parks, Beaches & Recreation Commission, and spoke in support of the compromise under consideration. He also indicated he was • opposed to giving the Marine Division discretionary authority to lift the blackball when certain conditions exist primarily because of the City's current safety record. Stephen Jeremias, 444 Riviera Terrance, stated that surfers are an important part of Newport Beach's beach community, and therefore, feels that they deserve an all -day surfing area. He felt the compromise recommended by the Parks, Beaches & Recreation Commission is fair and urged the Council to support it. Ron Korman (no address given) stated he was opposed to the current blackball regulations and he does not think it is fair that boogie boards are allowed in the water with swimmers. Rick Richardson, 206 39th Street, stated he is one of the persons who helped collect signatures for the petition of the Newport Surf Council. He is a school teacher and feels that surfing is an excellent sport, and would like to see more of • the youth participate. Bob Small, 401 39th Street, stated he felt that surfers should be able to swim wherever they like. He urged the Council to not support anything that would bring more people to the area between 36th and 40th Streets which is referred to as the "war zone." Volume 49 - Page 462 CITY OF NEWPORT BEACH MINUTES ROLL CALL A' ¢ Q¢wQ°�Z W 3 ¢ g Ul 2 0 w > 0 J w 0 October 9,' 99s INDEX • Peter Tarr, President, West Newport Beach Blackball Association, stated the beach is a major center issue of life in West Newport and any proposal to change the current regulations is introducing a radical change; the current regulations work even though there is mutual dissatisfaction; he cited the many ways Newport Beach is unique; he noted there is a limited amount of beach, particularly in West Newport; their concern is impact on the community; they welcome that West Newport is an attraction to people all over, and they are willing to share, but they don't want to be kept out of using their own areas; segregated beaches into areas will not work; swimmers and surfers are not a good mix; the real enforcement problems are going to come if the Council changes the existing regulations which have worked for 17 years. John Gothard, Bluffs resident, stated he is a parent of two children and forced to go to Huntington Beach because it is difficult to get the family together before Noon when the blackball goes up; the City is driving families out • because of its surfing regulations and he feels "a day at the beach" needs to be brought back to Newport Beach; he urged the Council to keep the kids on the beach and in the surf and out of trouble. Mat Nelson (no address given) stated he has faith in the decision - making process; the Council should move forward based on the facts given on this issue, and put aside the "negative generalizations" he has heard from some of the foregoing speakers. Mayor Hedges closed the public testimony at this time and expressed appreciation to all those who spoke. Mayor Pro Tern Debay stated that inasmuch as West Newport Beach is in her Councilmanic area, she wanted to make the following remarks regarding this issue:: the beaches are not closed from Noon to 4 p.m. and are open to any user other than a hard board user, she recognizes the • work that went into this issue with the various committees; she wished more homeowners with families in the immediate area would have come forward this evening; she pointed out how narrow the beach is in West Newport and stated that is why the groins were installed in the first place; the narrow beach is very attractive with easy access, Volume 49 - Page 463 CITY OF NEWPORT BEACH MINUTES ROLL CALL X�¢M Q W3A=uuo (ZWWOoz (Jl d' >w J October 9, 1995 INDEX • and not far to walk to the water, there are also Blackball restrooms close by; 100,000 persons per day in the Issue Summer visit Newport Beach and that is not counting residents who use the beach; the density of homes between Coast Highway and the sand which is not found at Huntington Beach or in the majority of other coastal cities, is the reason so many people have purchased homes in West Newport; West Newport is also a prime area for rentals and there is an increase in Summer rentals that are family groups, and the reason they choose that area is because those beaches are accessible to their children in the afternoon without the threat of the board surfers, in essence, the blackball means a lot to the people who come with families to use the beach; the blackball also encourages full -time residents and families to use the beach as it is, important there is an area of safety for their children to swim in the Summer time; she encouraged children to share the use of the beach; she felt it would be a step backwards to bring more family residents and family vacationers to take away the blackball; there were no injuries last year because of the blackball; she raised a • family in West Newport for 10 years at 51st Street and enjoyed the beach during all those years; the lifeguards at this location have a challenge because of the groins which tends to compress people and they are a hazard in some situations because of the extra rip currents and rescues around the rocks; the light- weight boards have the ability to maneuver and cut quickly, but it makes it difficult when you are in the water over your head to predict where that board is going to go; if the blackball goes away, it will attract more all -day surfers that now go somewhere else; the petition submitted showed her the wide ranging use of the beaches; population has grown in board surfing and she agrees with that the petition signers were from a variety of cities, including many cities outside the County and she does not think they are going to drive to Newport Beach to surf for only four hours and then go home again and are looking for an all -day surfing area; if the blackball goes away, these surfers will be in Newport Beach surfing all day right along with the residents; she can picture a large concentration of • boards packed between the groins competing for waves, trying to avoid each other, with boogie boards, swimmers, and body surfers, and she sees a nightmare and she would like to hear from staff on this issue; board surfers carry a tremendous responsibility to avoid harm to others and they Volume 49 - Page 464 CITY OF NEWPORT BEACH MINUTES ROLL CALL v, � 3I M W �Er -wgxoz Xga:2U0t70 } Q0 U7 w 11� w >w J ~ October 9, 1995 INDEX • know as well as anyone the potential of danger, Blackball she cited an incident where a swimmer was hit by Issue a board and died within four minutes and stated this is what can happen with boards and swimmers; the wary it is now, the swimmers stay away during board hours and they expect safe swimming for four hours a day three months a year, which is a small percentage; the California Coastal Act states that the City must maximize the use of the beaches, and with the blackball, the majority of the surfers leave at Noon and that frees up parking for other beach users, and so the City doubles the use of its beaches with the tum -over of parking; she reiterated that swimmers and body surfers are not being banished from the beaches and the beaches are not being closed to these types of activities. Motion x Following the above comments, motion was made by Mayor Pro Tem Debay to keep the current blackball regulations, but to grant discretion as suggested by Mayor Hedges to lower the blackball If in the opinion of the supervising Marine Safety Lieutenant, the conditions in the water at that time • do not create any significant potential for conflict between surfers and other users, and further, that staff report back at the appropriate time as to how that discretion is working. In response to question raised by Council Member Edwards regarding the proposal to establish three all -day suiting areas, the Fire and Marine Chief stated that the Resolution before the City Council dictates all -day surfing areas as recommended by the Parks, Beaches and Recreation Commission and detailed on the map with their report. He stated that under the existing Resolution, Area I is where blackball is enforced. The proposed Resolution has three small areas that would be exclusions from the blackball restrictions. The City Attorney noted that a boogie board is defined as a flotation device unless it is more than 44 inches long or has a skeg or other device on the bottom to control direction, and is capable of being ridden by a person while standing. The term flotation device means any object other than a surfboard which is buoyant or adds to the • buoyancy of the user (other than fins). Volume 49 - Page 465 CITY OF NEWPORT BEACH MINUTES ROLL CALL Vi CE MI—Mm q¢Q LJ 3g2UC70 } c[ 'n w 0OZ ULD0 D_' w >w J H October 9, 1995 INDEX • In response to question raised by Council Member Blackball Glover regarding the blackball, the Fire and Issue Marine Chief stated that without any specific guidelines from the Council, it is their intention to assess the situation prior to the enforcement of the routine blackball time which is at Noon, and depending upon the conditions at that time, i.e., surfing conditions, population of mixed use, no threat of any danger, etc., they would elect not to raise the blackball and allow surfing to continue. They also feel that since this is discretionary, if there was at a later time, a potential there might be some large amount of mixed use occurring, they would have the discretion to raise the blackball recognizing that the regulations do require them to take it back down at 4 p.m. and allow for mixed use. All Ayes The motion made by Mayor Pro Tem Debay was voted on and carried. FOR THE RECORD, COUNCIL MEMBER COX WAS EXCUSED AT 10:20 P.M. • With respect to surfing at the Wedge, Mayor Hedges noted that Resolution No. 93-33 now restricts the use of flotation devices at the Wedge from May I to October 31 between the hours or 10:00 a.m. and 5:00 p.m. However, after taking public testimony, the Parks, Beaches & Recreation Commission voted to recommend extension of the period for body surfers to the hours of 8:00 a.m. to 6:00 p.m. from May 1 to October 31; that the Fire and Marine Department and Police Department help enforce the hours, and that adequate signage be implemented. Motion X Motion was made by Council Member Glover to Res 95 -116 adopt Resolution No. 95 -116, regarding surfing areas within the City, but to keep the present policy at the Wedge. In response to question raised by Mayor Pro Tern Debay regarding the current staffing at the lifeguard tower at the Wedge, the Fire and Marine Chief stated that their staffing starts at 10 a.m., but if the Council changes the hours for the Wedge, they would have to reexamine their staffing • procedures to determine where they could redeploy existing resources to provide the safest opportunity for the people at the Wedge. Volume 49 - Page 466 CITY OF NEWPORT BEACH MINUTES ROLL CALL Q Q w3M2000 (ZWW C[: 10 0 °oz > w October 9, 1993 INDEX • Mayor Pro Tern Debay asked the maker of the Blackball motion if she would amend her motion to include Issue an extra hour at the Wedge, thereby making it 10 a.m. to 6 p.m. rather than 10 a.m. to 5 p.m. as presently exists, to which Council Member Glover replied in the negative. Motion x In view of the foregoing, Council Member Watt moved an amendment to the above motion changing the time from 10 a.m. to 6 p.m. Council Member Edwards stated he will not be supporting the motion inasmuch as the present policy has worked well and he sees no reason to change it. Mayor Hedges stated he also would not be supporting the amendment inasmuch as there is already a large block of time available to body surfers, and he does not think one additional hour will make that much difference. Ayes x x The amendment was voted on and FAILED. No x x x x Aj&es The motion as made by Council! Member Glover was voted on and carried. 27. Report from Assistant City Manager /Planning & Planning Building regarding PLANNING DEPARTMENT (68) PRIORITIES. Ken Delino, Assistant City Manager. Planning /Building, in summarizing his report stated that the Highest Priorities would be those items they would get done this year High Priorities are those they hope to get to this year Medium Priorities would be items they hope to get to if they have the time, and Low Priorities are off the list for this year. In response to question raised by Council Member Edwards regarding the comprehensive re -write of the Zoning Ordinance, Mr. Delino stated it is his hope that the Council will be able to adopt the new Code by early next year. • Council Member Watt referenced the Park Dedication and Fee Update shown on the list of Low Priorities, and stated that a few years ago she thought there was some discussion about the City being behind on reestablishing the fee to be more in keeping with property values, and indicated she felt that staff should look at the Park Dedication fee again as it might be higher and /or should be higher. Volume 49 - Page 467 CITY OF NEWPORT BEACH MINUTES ROLL CALL q' Ma:WW0oz gXM3:U00 LJ 3g2(..)C70 in ,: � J w October 9, 1995 INDEX • In response to the above, the City Manager stated Planning that possibly this item could be considered in conjunction with the Recreation and Open Space Element which is on the list of High Priorities and is currently being studied by both Community Services and Planning staff. Rush Hill, Chairman, Economic Development Committee, stated that since the July 24 City Council workshop at the Central Library, representatives of the Committee have met with representatives of the Balboa Peninsula Advisory Committee to learn more of the intent of BPAC'S recommendations made to the Council on July 24. They believe they have a much better understanding of that desired activity now, BPAC has also made slight amendments to the recommendations: at the last meeting of the EDC, they reviewed those recommendations and unanimously moved to recommend to the City Council that their recommendations be included with the priority workload of the Planning and Building Departments in concert with EDC recommendations. The document the Council has • before them at this time includes all of those items. Motion x Mayor Pro Tern Debay made a motion to approve the workload priorities based on the existing Planning Department workload and the recommendations of the EDC and BPAC. All Ayes Mayor Hedges moved to amend the above motion to refer the matter of Traffic Circulation on the Peninsula to the Public Works Department for study and report back, to which Mayor Pro Tern accepted. 28. Report from Assistant City Attorney regarding Council amendment to COUNCIL POLICY A -10, Policy PROCEDURAL RULES FOR THE CONDUCT OF CITY (69 ) COUNCIL MEETINGS. The City Attorney stated that the proposed amendment would give the Mayor additional discretion with respect to Public Comments on the agenda and would limit speakers to matters within the subject jurisdiction of the City Council and City. • Tom Hyans, President, Central Newport Beach Community Association, addressed the Council regarding the proposed amendment, following which, the City Attorney suggested the first sentence of 9. (b) I. be amended to read as follows: Volume 49 - Page 468 ROLL CALL 11 u Motion All Ayes 0 CITY OF NEWPORT BEACH a: 3 M W H% Q X >- Cr w M= w M w X O 0 w > O J 0 H w Z 0 October 9, 1995 1. Public Comments - The agenda shall contain a public comment section during which any member of the public may address the Council on any non - agenda item generally considered to be a municipal affair and within the subject matter jurisdiction of the Council. x Motion was made by Mayor Hedges to approve proposed amendment to Council Policy A -10 as revised by the City Attorney In the above. Meeting adjourned at 10:40 p.m., to 5:00 p.m , October 19, 1995, and in memory of Howard Melum, who passed away on September 10, and his wife, June Melum, who passed away on September 13, 1995, parents of Eire and Marine Deputy Director Tony Melum, as a resuH of a tragic vehicle accident. THERE WILL BE NO REGULAR CITY COUNCIL MEETING ON OCTOBER 23. 1995. The agenda for this meeting was posted on October 4, 1995 at 2:00 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Mayor ATTEST: R V'' City Clerk! U '� :C Volume: 49 - Page 469 MINUTES INDEX Council Policy