CITY OF NEWPORT BEACH - Newport Surf...

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Present

Motion

All Ayes

Motion

All Ayes

CITY OF NEWPORT BEACH

REGULAR COUNCIL MEETINGPI ACF• r iinen C6nm6nrc MINUTES

u, N Ir J TIME: 7:00 P. M. Lu Lj w DATE: October 9, 1995

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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, waswaived, approved as written and ordered filed.

x Reading in full of all ordinances and resolutions underconsideration was waived, and City Clerk was directed toread 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 hostinga Stan Kenton Alumni Big Band Dinner Dancecommencing 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 formerArts Commissioner Marilee Stockman for their service to

the City.

Council Member Edwards, who served on the PlanningCommission with Mr. DiSono, stated it was a pleasure

serving with him as well as getting to know his family. Hewished him the very best and thanked him for hiscontinued service in the area of volunteerism.

Mayor Hedges announced that the legal counsel for theTHUNDERBIRD CLUB ( Agenda Item 24), has requested that

their continued public hearing be moved to the last itemon tonight' s agenda, and therefore, the Mayor moved to

grant the requested action.

MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TOREPORT 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

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CONSENT CALENDAR

Motion x The following items were approved, except for those HemsAll Ayes removed:

ORDINANCE(S) FOR INTRODUCTION

Schedule for public hearing on November 13, 1995:

1. Proposed ORDINANCE NO. 95 -51, Ord 95 - 51Councilmanic

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 - 52Ebell Club

AMENDING PORTIONS OF DISTRICTING MAP 9 4 )

NO. 10 AND REZONING THE PROPERTY FROMTHE R - 3 DISTRICT TO THE R - 1 DISTRICT - REQUEST OF EBELL CLUB, 515 WEST BALBOABOULEVARD ( 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 ADJACENTTO COMMERCIAL AREAS AND TO EXEMPTNOISE 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 aRes 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 bidbecause of the error, find that F. J. Johnson

submitted the "lowest responsible bid" and that


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they can meet the requirements for completingthe 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 theMayor and City Clerk to execute the agreement; approve the plans and specifications forconstruction of bike trail and street improvements -

Irvine Avenue from 22nd Street to University Driveand University Drive from Irvine Avenue to easterlyterminus; 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 apassenger in taxicab which hit trash dumpster on

Bayside Drive approximately 1000 feet east ofHarbor Island Drive on April 1, 1995.

Winona Hayko, alleging she had to replace tireafter hitting metal object on Newport Coast Roadon September 16, ' 1995.

Casey Jones, alleging tire damage to vehicle as aresult of running over large piece of metal whichwas left in roadway due to construction in area ofLido Park Drive on September 14, 1995.

Tina Louise lalne, alleging damage to vehicle as aresult of being hit by City vehicle on Garden GroveFreeway on June 8, 1995.

Estela Marilu Hermosilla Meneses alleging thatwhile being cited for a violation on BalboaPeninsula on September 17, 1995, police officerviolated her civil rights. [ Report from Police

Department attached for Council only]

Encka Meyer alleging his vehicle was splashed withwet concrete due to construction in area of 9471

Rambler Drive on September 7, 1995; seekingreimbursement of $38.99.


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Martha K. Pipino, alleging personal injuries as aresult of trip and fall on area of curb on FlagshipRoad on May 31, 1995; seeking $ 250,000 in generaldamages.

Robert and Colleen Walker alleging propertydamage as a result of water runoff fromSantiago /22nd Street.

Michael L Walterhouse alleging personal injuries asa result of hitting unlit trash dumpster on BoysideDrive approximately 1000 feet east of Harbor IslandDrive 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 ofBirch Street and MacArthur Boulevard, in the Koll

Center Newport Planned Community; authorize

the City Clerk to release the faithful performancebond and the labor and material bond ( Bond No.

5240 87 98) for the completion of improvements

along the MacArthur Boulevard and Campus Drivefrontages; authorize the City Clerk to release thefaithful performance bond and the labor and

material bond (Bond No. 5240 87 99) to guaranteeconstruction of a traffic signal at the intersection of

Birch Street and the Main driveway if warrants weremet 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 EastCoast Highway, Newport Center Drive, FarallonDrive and Avocado Avenue in Newport Center,

authorize the City Clerk to release the faithfulperformance bond and the labor and materialbond ( Bond No. 5240 76 19) for construction of

street improvements along the westerly half ofAvocado Avenue between East Coast Highwayand Farallon Drive; and release the faithfulperformance bond and the labor and material

bond (Bond No. 5240 76 18) for the construction of

street improvements along the East Coast Highwayfrontage. [ Report from Public Works Department]

Volume! 49 - Page 445


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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 ofCompletion and release the bonds 35 days afterthe Notice of Completion has been recorded inaccordance with applicable portions of the CivilCode. [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 of318,586 and approve the rehire of two police

officer positions for deployment into the PatrolDivision as part of the Community OrientedPolicing Program. [ Report from Police Chief]



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, byCreative Meeting Service, Wednesday, October 18, 1995 from 6 - 10 p.m., at theNewport Dunes Resort.

19. BUDGET AMENDMENTS 40)

BA -012, $ 130,000 •• Increase Budget Appropriations

from unappropriated surplus fund balance toprovide for POLICE DEPARTMENT computer

upgrade capital project account. [ Memorandumfrom Administrative Services Director]

BA -013, $ 1, 200 - Increase in Revenue Estimates

and Budget Appropriations from additionalestimated revenues to accept and appropriate a

donation to be used for the 1995 CITY YOUTH

TRACK AND FIELD CHAMPIONSHIPS.



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BA -014, $ 33,878 - Increase in Revenue Estimates

and Budget Appropriations from additionalestimated revenues to accept and appropriatedonations to be used to fund the library' s monthly

Sunday Musicale series, to implement the libraryorientation program for school children and

supplement the LIBRARY MATERIALS BUDGET and topurchase computer equipment.

BA -015, $ 817,689 - Increase revenue in the

Contributions Fund for BIKE TRAIL AND STREETIMPROVEMENTS [ 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 subjectrequest was submitted to the County, but was notacted on due to reorganization associated with

the bankruptcy. The County reorganization

eventually resulted in the transfer of responsibilityfor the Master Plan of Arterial Highways to the

Orange County Transportation Authority ( OCTA). The request is being considered; however, they arechanging the rules and regulations on how tomodify the MPAH which should be approved inabout 30 to 45 days. OCTA has informed City staffthat the Dover Drive request will be the firstreclassification that they process, and it is thestaff' s hope that it will be accomplished by

February or March, 1996.

Motion x There being no comments, motion was made byAll 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 tonot approve the proposed allocation of $ 2,900 tothe Orange County Human Relations CouncU, butrather allocate the money to the Newport HarborHigh School Debate Team.

Mayor Hedges asked the maker of the motion N she

would agree to dividing the $ 2,900 betweenNewport Harbor and Corona del Mar high schoolsdebate teams, to which she had no objection, ifapplicable.

The City Manager stated that if the Council wereto approve the above action, he will direct staff tofollow up on in terms of the two organizations, how



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the money will be transacted, the type of programit will help fund, etc., before the actual money istransmitted 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 wasprinted, 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 toAll Ayes approve the subject request.

PUBLIC HEARING( S)

20. Mayor Hedges opened the public hearingregarding proposed alterations to the rate and

Planning /CIOS6 8 )

method of Apportionment of the Special Tax in

connection with SPECIAL IMPROVEMENT DISTRICTNO. 95 -1 ( CIOSA).

Report from Administrative Services Director.

Mayor Hedges announced that:

This is the time and place for the public hearingsin this Council' s proceedings for alteration of the

rate and method of apportionment of special

taxes for City of Newport Beach SpecialImprovement 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 anyproperty owners or persons registered to vote inthe 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 haveorderly hearings, we will first have presentations bystaff 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."



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Dennis Danner, Administrative Services Director, by CIOSA

way of background, stated that the City and TheIrvine Company entered into the CirculationImprovement and Open Space Agreement

CIOSA) on June 36, 1993. On June 12, 1995, the CityCouncil approved the Special Improvement

District Report, and other documents pertinent tothis issue. On June 26, 1995, the City Councilapproved the Official Ballot, a Resolution

Declaring the Results of the Special Election, anOrdinance Levying Special Taxes, and a Notice ofSpecial Tax Lien. Subsequent to that meeting, TheIrvine Company requested permission to alter theRate and Method of the apportionment of the

special tax. Accordingly, on August 28, 1995, theCity Council adopted a resolution considering thisalteration and set October 9, 1995 as the public

hearing to take action on the request. Recently itwas discovered that a clerical error allowed the

inclusion of an extraneous parcel in the district. In

order to proceed with the CIOSA financing, theCity Council should take the actions as listed onthe agenda.

Council Member O' Neil pointed out that the

proposed assessment district is exclusively for IrvineCompany property and that there will be nospecial tax imposed on any resident or business inthe City as a result of the Council' s action.

Motion X Motion was made by Council Member O' Neil toAll 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 thepublic hearing.

Motion x Motion was made by Council Member O' Neil to Res 95 - 113All Ayes adopt Resolution No. 95 -113, calling Special

Election.

At this time, the Mayor asked the City Clerk to openthe ballots and announce the results of theelection.

The City Clerk announced that 124 votes were castfrom qualified landowners and that there were no

protests.



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Mayor Hedges stated that the results of the CIOSA

election being unanimously in favor of thealteration of the rate and method of

apportionment of special taxes for the District, the

Council may proceed with the final actions for theDistrict.

Motion x Motion was made by Council Member O' Neil toAll 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 onOctober 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 Divisionrecommends Council continue this public hearingto the November 13, 1995 Council meeting. Shouldthe applicant not be able to evidence satisfaction

of the safety equipment requirements by thatmeeting, this office will recommend Councilconduct the public hearing and deny therequested 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, 1995as recommended.

22. Mayor Hedges opened the public hearing Ord 95 - 47

regarding proposed ORDINANCE NO. 95 -47, Zoning94)

AMENDING TITLE 20 OF THE MUNICIPAL

CODE PERTAINING TO DEFINITIONS OF BARSAND THEATRE /NIGHTCLUBS ( PLANNING PCA 825

COMMISSION AMENDMENT NO. 825).



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Report from Planning Department.

Ken Delino, Assistant City Manager,

Planning /Building, advised that the proposedamendment will revise Table 20.33 of the MunicipalCode to list " bar" and " theatre /nightclub" as a

permitted use subject to the securing of a usepermit 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 adoptOrdinance No. 95 -47 and Resolution No. 95 -115, Res 95 - 115

approving Planning Commission Amendment No. 825, amending various Planned Community DistrictRegulations to Add " Bars" and

Theater /Nightclubs" to the list of permitted uses,

subject to the securing of a use permit in eachcase.

23. Mayor Hedges opened the public hearing Ord 95 - 48

regarding proposed ORDINANCE NO. 95 -48, Zoning94)

AMENDING TITLE 20 OF THE NEWPORT BEACHMUNICIPAL CODE SO AS TO LIMITAUTOMOBILE REPAIR USES IN THE MARINERSMILE SPECIFIC AREA PLAN DISTRICT TO THOSEWHICH ARE ANCILLARY TO AUTOMOBILE

SALES USES ( PLANNING COMMISSION PCA 830

AMENDMENT NO. 830).

Report from Planning Department.

It was noted that the proposed amendment isintended to insure consistency with the purposeand intent of the Land Use Element of the GeneralPlan 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. Automotiverepair uses operating independent of a retailautomotive sales use would run counter to thatstated purpose. Hence, there is a need to make adistinction between independent automobile

repair uses and those which are ancillary to retailautomobile sales uses. The Retail and Service

Commercial District in the Mariners Mile Specific

Area Plan currently allows automobile repair useswith a use permit. The proposed amendment

would limit such uses to those ancillary to an

existing automobile sales use within the specificplan area. As an ancillary use, it must be clearlyincidental to and subordinate to and serve theprinciple use.



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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 adoptOrdinance No. 95 -48.

24. ( Refer to Minute Page 455)

PUBLIC COMMENTS

Tom Hyans, 217 19th Street, addressed the Council anddiscussed the increase of staff, stating that after aboutsix months of perusing the City' s budgets for 1993 -94and 1995 -96, he has found that in the 1993 -94 budget, the salaries and benefits were $48.3 million, and in the1995 -96 budget, the salaries and benefits were $ 50.6million. The headcount has decreased in those twoyears on full time positions by 56 people and by totalemployees 101. In accomplishing that reduction inmanpower, the salaries have gone up by 5% while thedecline in headcount has been 7.8 to 12. 5 %. The

average salary for all employed persons for the Cityhas 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 forClean Water event sponsored by the SurfridersOrganization and the City, and will begin at 8:00 a.m. at 6th Street and Balboa Boulevard.

With regard to the proposed Irvine Ranch WaterDistrict 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 AnaRegional Water Quality Board. The City' s HarborQuality Committee held a meeting this afternoon andwill be holding another meeting on October 19 at 3:30p.m. in the Council Chambers Conference Room. Thepublic is welcome and she will keep the Councilupdated on this subject. She further noted that theIrvine Ranch Water District will not certify the EIR untilsometime in November and the Santa Ana RegionalWater Quality Board will not be meeting on this matteruntil 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 CollectionFranchise update, Refuse Scavenging, and

Recycling Surcharge


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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 6containers ( bags, cans, or a combination) not toexceed 200 pounds in weight per, residence

serviced by City staff, ( c) Green Waste - Considerthe implementation of a green waste recyclingprogram at a later date pending any changes ofthe State recycling mandate; ( d) Non - exclusiveSolid 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 Managernoted 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, staffis recommending that the City begin with amonthly franchise fee of 5.5% of gross monthly paidreceipts, increasing over a five -year period to10.5 %. Staff is also recommending a 10 -year termfor this non - exclusive franchise. With regard to theproposed indemnification clause for

environmental liability, there are some concernsfrom the refuse haulers inasmuch as there are not

that many carriers that provide that type ofprotection. 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 containersin West Newport, and stated he felt that limiting thenumber of trash containers, etc., for residential

rubbish, will not solve the problem. He stated thathomeowners as well as renters must figure out a

way to get their refuse removed in a timely mannerevery week. He urged the Council to come upwith a method whereby, " if the trash is not takencare of by the property owner or renter, then theCity can go out and pick it up and bill that laborback to the tenant or landlord." He also discussed

the placement of refuse containers and his

concern over keeping them covered.


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Mayor Pro Tem Debay responded to the above, Solid Waste

noting that the City' s Code Enforcement Officerdid visit the alley behind Mr. Small' s home, andletters 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 - exclusivesolid waste franchise issue, and the opportunity therefuse haulers were given for input. However, she isconcerned with the indemnification requirement

because of the difficulty in finding coverage forthe " small- time" operator, and she is hopeful that

staff will meet with the haulers again so they candiscuss this issue further.

Council Member O' Neil advised that his law firmrepresents Western Waste Industries on some trash

issues in the County, and accordingly, he has alegal conflict, and therefore, will refrain from

discussing this issue with any members of the CityCouncil or staff, and will continue to take no part

in any decision making process or attempt toinfluence 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 currentmanual refuse collection system; however, he is

opposed to placing limits on the amount of rubbishpicked up as referenced in ( b) above. He statedthat he and his wife do their own gardening,

trimming of trees, etc., and will exceed therecommended 200 lbs. He is also hopeful the Citywill be doing something about green waste in thenear future, as well as the policing of scavengers.

With respect to the staff' s recommendation

regarding rubbish limits, Council Member O' Neilsuggested consideration be given to placing aprovision in the proposed Ordinance which would

allow for exceptions to the rubbish limit duringthose periods of the year when more refuse isplaced at the curb than normal, i.e., holidays. He

indicated that what the City is attempting to doregarding this issue is to prevent abuses of thesystem where individuals put out large quantities of

trash with many, many containers. On this samenote, the City does not want penalize those whofrom time -to -time clean out their garage or do

major trimming of their landscaping.


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Motion

All Ayes

Motion

Motion

Ayes

Noes

Motion

All Ayes

Motion

Ayes

Abstained


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Following comments, the Council took the Solid W

following actions:

X a) Automated Refuse Collection ( ARC) - Motion was made by Council Member Watt toretain the current manual refuse collection

system.

X b) Rubbish Limits - Motion was made byCouncil Member Glover to not limit the amount

of weekly residential rubbish.

X Substitute motion was made by CouncilX x x x Member Waft to limit the weekly residential

X X X rubbish to 6 containers ( bags, cans, or acombination) not to exceed 200 pounds In

weight per residence serviced by City staff, butthat the proposed Ordinance include the

suggestion made by Council Member O' Neilregarding exceptions for holiday periods.

X c) Green Waste - Motion was made byCouncil Member Debay to consider theimplementation of a green waste recycling

program as soon as possible pending any

changes of the State recycling mandate.

X d) Non - exclusive Solid Waste CollectionX x x X x x Franchise Status Report - Motion was made by

X Council Member Edwards to direct staff tofinalize a non - exclusive franchise agreement, resolution, and ordinance related to theadministration of all commercial solid waste

activities. and report back to Council no laterthan November 13, 1995; with the

understanding that staff will continue to meetWith refuse haulers regarding their concerns, and that the non - exclusive franchise not belimited to just the current haulers.

e) Refuse Scavenging ( No action required,

informational only; however, staff was

requested to monitor this issue and report backin 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 theCouncil continue the public hearing to 6 p.m., October 19.


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M n x Motion was made by Council Member Edwards toA x x x x x x approve the above recommendation, with the

Abstained x understanding that the hearing was closed as ofSeptember 25, 1995, as to documentation and

testimony, and that the meeting on October 19 willbe 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 BlackballRegulation.

The City Clerk advised that two letters werereceived after the agenda was printed, one from

Brent Jacobsen, Marine Safety Officers Association, recommending the? City leave the current surfingregulations intact for the reasons stated in their

letter, and Cindy Gittleman, resident, expressingher 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 therequest of Mayor Hedges with the direction that

they consider a program that would allowdiscretionary enforcement of the blackballrestrictions. A sub - committee was formed, there

was extensive dialogue on this issue, and

recommendations from the Commission as well asthe Fire and Marine Department are set forth in the

respective staff reports for not only the blackballissue, but also the surfing regulations at theWedge."

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- makingauthority to manage the beach in the mostappropriate manner. Currently, the MarineDepartment does not have the ability to takedown the blackball flag when " it makes sense todo so."

Mayor Pro Tern Debay requested the record showthat in the Saturday edition of the Los AngelesTimes, there was an opinion attributed to her. Shecalled the newspaper and asked for a correctionand retraction inasmuch as she was quoted as

stating that the vote on this issue should bepostponed because of homeowners concerns that



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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 didnot make such a statement and does not hold thatopinion. If her,statement caused any of the surfingcommunity discomfort, the L A. Times apologizes.

The following persons addressed the Councilregarding 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 therecommendation is safe, cost - effective,

practical to enforce, and would not negativelyimpact the local community. He also does notfeel 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 surfingareas in the City, and also support themodification of the blackball perimeters at the

Wedge and extending the hours from 8 a.m. to6 p.m. They believe the best recommendationis not to just modify the current blackball hours, but to make it a year -round body surfingpreserve so the Wedge can maintain its

tradition as a body surfing Mecca as it is knownworld wide.

Dan Taylor, 1949 Republic Avenue, stated he is a

body boarder and felt the minority is dictatingto the majority in this situation. He wants to ridehis _body board at the Wedge and not berestricted to only body surfing at this location.

Tim Antonoplos, 5107 Seashore Drive, stated heis opposed to the proposed blackballregulations because the new and lighter

surfboards are not necessarily safer than theirheavier predecessors, and pose more of a

problem for swimmers trying to dodge incomingsurfers; most of the new surf boards are sharplypointed and able to puncture the skin ofanother board as well as a swimmer, and the

fins are also very sharp and can cause cuts anddeep gashes which require urgent medicalattention; more people are using the beach



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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 andtraffic problems which would only worsen if theproposed regulations are approved; if

discretionary authority" is given to the MarineDivision as suggested by Mayor Hedges, who willbe 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 revisitthe issue based on those limited areas, or allow

lifting of the blackball regulations in limitedareas, but keep the regulations in effect onweekends and holidays.

In response to question regarding liability, theCity Attorney stated that his office does not feelthe City is exposed to any change in liabilityirrespective of what recommendation the

Council approves.

Randy Brommiti, 114 33rd Street, suggested asan alternative compromise, that there be three

or four all day surfing areas with the " blending inof some discretion as to the length of the

blackball period."

Terry Wade, Co-founder of the WedgePreservation Society, supports the proposeddevelopment of surfing beaches in WestNewport, stating that body surfers are not theminority at the Wedge as referenced earlier, and that he supports year -round body surfing atthe Wedge.

Cameron Sinclair, 216 34th Street, stated that

because of Summer school, he and many of hisfriends cannot go surfing until after 5 p.m. because of the blackball being up when theyget home from school. He stated he has also

been hit by one of the newer -type surfboardsand 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 bodyboard as well as a fiberglass knee board, and is

opposed to changing the existing blackballregulations in West Newport. He said that when

the south swell " hits," some of the best surf is in



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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 additionalenforcement, but could be very dangerous.

Greg Reinker, 5319 Lido Sands Drive, stated heand his wife are avid swimmers and body surfersand strongly support the current blackballregulations which has worked well for a longtime. He also said there have been very fewinjuries 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 tohim. He stated that he surfs, feels it is a

wonderful, positive and healthy sport, and toclose off the beaches in the Summer months is

not right. He also felt the proposed compromise

for three ail -day surfing areas is something thatshould be considered.

Doug Collier, 3105 Villa Way, stated he supportsthe proposed three surfing zones, and felt it is agood opportunity to bring more youth intosurfing. He also said that the blackball is

already discretionary.

Gerald Caterina, 119 15th Street, Huntington

Beach, asked why the board surfers have somuch and the body surfers have so little? He

also suggested the Council enact more non -

surfing areas and also extend the 40th Streetnon - surfing area to year- round.

Craig Stoffel, resident of West Newport, statedhe 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 thesame.

Lara Horgan, 4803 Neptune Avenue, stated that

even though she does not surf herself, she feltthat surfers are good people and find a

oneness with nature" in the same way somepeople meditate. She felt surfers are passionate

and that surfing is a spiritual thing with many ofthem. She urged the Council to encourage

surfing, particularly among the youth.



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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 feelssurfing accomplishes. She stated it is difficult forthem to surf in the morning because of Summerschool, 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 additionaltime 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 anexcellent safety record; by changing theregulations, property values could decrease, but it' s too soon to tell; if the proposal ischanged, there will be additional costs involved

because of extra time at the beach by thelifeguards; safety has been enhanced becauseof the current blackball regulations and theyshould not be changed.

Diane Heimstead, 5503 Seashore Drive, stated

she is married to an avid surfer, and they bothagree that the current blackball regulations

should remain status quo; as it stands now, nine

months of the year, surfers have 10076 usage ofthe beach, but in the Summer, swimmers have

only 4 hours each day. She noted that in manyinstances, the leashes on surfboards are not

used, and she also felt that parking and trafficstudies should be done prior to taking anyCouncil action.

Ken Bryant ( no address given) stated he is a

part-time resident and has enjoyed body surfingfor over 30 years, and urged the regulations not

be changed. He is fearful of swimming whenthere are boards in the water and feels there is

enough time allotted for the surfers.

Tom Holbrook, 220 Via Mentone Avenue, statedhe 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 travelshe has noticed that many coastal cities supportdesignated surfing areas.

Volume. 49 - Page 460


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Mike Kilbride, 5515 River Avenue, stated he Blackballconcurs in the recommendation of Mayor Issue

Hedges to give discretionary authority to theMarine Division to lift the blackball whendeemed 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 couldendanger themselves because of swimmingwith board surfers.

Adam Cleary, former Marine Departmentemployee, stated that from his experience when

the blackball is down and swimmers are still

going out, they seem to stay away from thesurfers. He thinks that common sense will tell

people where to swim or surf by noticing whatactivity is in the water. He also felt that theblackball 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 lotof hostility at the Wedge with the bodyboarders, and therefore, it should remain just for

body surfers.

Preston Murray, 1337 Sussex, stated he lives inthe Westcliff area near Mariners Park, and byliving near a park, he has to put up with theactivity and parking in the area which he doesnot mind even though he may not get to usethe park area directly across the street from hishouse. Along this same line, he felt that many ofthe homeowners in West Newport are asking theCity to privatize their homes along the beachwhich 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 Counciland 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 proposalrelative to the blackball and the problemsassociated with that enforcement. He also

stated that ff violations are not given, there is no



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reason to comply with the regulations. He Blackball

Issuenoted that in 1994, there were over 33,000warnings issued, and only six citations issued. Heurged 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 abody boarder and respects the body surferswho use the Wedge and indicated they shouldfeel the same.

Kathy Anderson, 5403 Seashore Drive, stated sheis in favor of keeping the blackball regulationsas currently exists; the best time to surf in herarea is the early morning; she also supports theWedge being designated as a body surfing onlyarea.

Bill Sharp, 50 Cagney Lane, stated he has beeninvolved with this issue since it was referred to

the Parks, Beaches & Recreation Commission,

and spoke in support of the compromise underconsideration. He also indicated he was

opposed to giving the Marine Divisiondiscretionary authority to lift the blackball whencertain conditions exist primarily because of theCity' s current safety record.

Stephen Jeremias, 444 Riviera Terrance, stated

that surfers are an important part of Newport

Beach' s beach community, and therefore, feelsthat they deserve an all -day surfing area. Hefelt the compromise recommended by theParks, Beaches & Recreation Commission is fair

and urged the Council to support it.

Ron Korman ( no address given) stated he wasopposed to the current blackball regulations

and he does not think it is fair that boogieboards are allowed in the water with swimmers.

Rick Richardson, 206 39th Street, stated he is oneof the persons who helped collect signatures forthe petition of the Newport Surf Council. He is aschool teacher and feels that surfing is anexcellent sport, and would like to see more ofthe youth participate.

Bob Small, 401 39th Street, stated he felt thatsurfers should be able to swim wherever theylike. He urged the Council to not support

anything that would bring more people to thearea between 36th and 40th Streets which isreferred to as the "war zone."



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Peter Tarr, President, West Newport Beach Blackball

Association, stated the beach is a major center issue

of life in West Newport and any proposal tochange the current regulations is introducing aradical 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 isimpact on the community; they welcome thatWest Newport is an attraction to people all over,

and they are willing to share, but they don' twant 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 ifthe Council changes the existing regulationswhich 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 theblackball goes up; the City is driving families outbecause of its surfing regulations and he feels " aday at the beach" needs to be brought back toNewport Beach; he urged the Council to keepthe kids on the beach and in the surf and out oftrouble.

Mat Nelson ( no address given) stated he has

faith in the decision - making process; theCouncil should move forward based on thefacts 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 thistime and expressed appreciation to all those whospoke.

Mayor Pro Tern Debay stated that inasmuch asWest Newport Beach is in her Councilmanic area,

she wanted to make the following remarksregarding this issue:: the beaches are not closedfrom Noon to 4 p.m. and are open to any userother than a hard board user, she recognizes thework 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 narrowthe beach is in West Newport and stated that is

why the groins were installed in the first place; thenarrow beach is very attractive with easy access,



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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 densityof homes between Coast Highway and the sandwhich is not found at Huntington Beach or in the

majority of other coastal cities, is the reason somany people have purchased homes in WestNewport; West Newport is also a prime area for

rentals and there is an increase in Summer rentals

that are family groups, and the reason theychoose that area is because those beaches are

accessible to their children in the afternoonwithout 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 alsoencourages 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 tobring more family residents and family vacationersto take away the blackball; there were no injurieslast year because of the blackball; she raised a

family in West Newport for 10 years at 51st Streetand enjoyed the beach during all those years; thelifeguards at this location have a challenge

because of the groins which tends to compress

people and they are a hazard in some situationsbecause of the extra rip currents and rescuesaround the rocks; the light- weight boards have

the ability to maneuver and cut quickly, but itmakes it difficult when you are in the water over

your head to predict where that board is going togo; if the blackball goes away, it will attract moreall -day surfers that now go somewhere else; thepetition submitted showed her the wide ranginguse of the beaches; population has grown in

board surfing and she agrees with that the petitionsigners were from a variety of cities, includingmany cities outside the County and she does notthink they are going to drive to Newport Beach tosurf for only four hours and then go home againand are looking for an all -day surfing area; if theblackball goes away, these surfers will be inNewport Beach surfing all day right along with theresidents; she can picture a large concentration of

boards packed between the groins competing forwaves, trying to avoid each other, with boogieboards, swimmers, and body surfers, and she seesa nightmare and she would like to hear from staff

on this issue; board surfers carry a tremendousresponsibility to avoid harm to others and they



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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 stayaway during board hours and they expect safeswimming 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 ofthe beaches, and with the blackball, the majorityof the surfers leave at Noon and that frees upparking for other beach users, and so the Citydoubles the use of its beaches with the tum -over of

parking; she reiterated that swimmers and bodysurfers are not being banished from the beachesand the beaches are not being closed to thesetypes of activities.

Motion x Following the above comments, motion was madeby Mayor Pro Tem Debay to keep the currentblackball regulations, but to grant discretion as

suggested by Mayor Hedges to lower the blackballIf in the opinion of the supervising Marine SafetyLieutenant, the conditions in the water at that time

do not create any significant potential for conflictbetween 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 MemberEdwards regarding the proposal to establish threeall -day suiting areas, the Fire and Marine Chiefstated that the Resolution before the City Councildictates all -day surfing areas as recommended bythe Parks, Beaches and Recreation Commission

and detailed on the map with their report. Hestated that under the existing Resolution, Area I iswhere 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 isdefined as a flotation device unless it is more than

44 inches long or has a skeg or other device on thebottom to control direction, and is capable of

being ridden by a person while standing. The termflotation device means any object other than asurfboard which is buoyant or adds to the

buoyancy of the user (other than fins).



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In response to question raised by Council Member Blackball

Glover regarding the blackball, the Fire and Issue

Marine Chief stated that without any specificguidelines from the Council, it is their intention to

assess the situation prior to the enforcement of theroutine 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 toraise the blackball and allow surfing to continue. They also feel that since this is discretionary, if therewas at a later time, a potential there might be

some large amount of mixed use occurring, theywould have the discretion to raise the blackball

recognizing that the regulations do require them totake it back down at 4 p.m. and allow for mixeduse.

All Ayes The motion made by Mayor Pro Tem Debay wasvoted on and carried.

FOR THE RECORD, COUNCIL MEMBER COX WAS EXCUSED

AT 10:20 P. M.

With respect to surfing at the Wedge, MayorHedges 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 or10:00 a.m. and 5:00 p.m. However, after takingpublic testimony, the Parks, Beaches & Recreation

Commission voted to recommend extension of the

period for body surfers to the hours of 8:00 a.m. to6:00 p.m. from May 1 to October 31; that the Fireand Marine Department and Police Department

help enforce the hours, and that adequatesignage be implemented.

Motion X Motion was made by Council Member Glover to Res 95 - 116

adopt Resolution No. 95 -116, regarding surfingareas within the City, but to keep the present policyat the Wedge.

In response to question raised by Mayor Pro TernDebay regarding the current staffing at thelifeguard tower at the Wedge, the Fire and Marine

Chief stated that their staffing starts at 10 a.m., butif the Council changes the hours for the Wedge,

they would have to reexamine their staffingprocedures to determine where they couldredeploy existing resources to provide the safestopportunity for the people at the Wedge.



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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 10a.m. to 6 p.m. rather than 10 a.m. to 5 p.m. aspresently exists, to which Council Member Gloverreplied in the negative.

Motion x In view of the foregoing, Council Member Wattmoved 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 presentpolicy has worked well and he sees no reason tochange it.

Mayor Hedges stated he also would not be

supporting the amendment inasmuch as there isalready a large block of time available to bodysurfers, 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& esThe motion as made by Council! Member Gloverwas voted on and carried.

27. Report from Assistant City Manager /Planning & PlanningBuilding regarding PLANNING DEPARTMENT 68)

PRIORITIES.

Ken Delino, Assistant City Manager.

Planning /Building, in summarizing his report statedthat the Highest Priorities would be those items theywould get done this year High Priorities are those

they hope to get to this year Medium Prioritieswould be items they hope to get to if they havethe time, and Low Priorities are off the list for thisyear.

In response to question raised by Council MemberEdwards regarding the comprehensive re -write ofthe Zoning Ordinance, Mr. Delino stated it is hishope 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 Citybeing behind on reestablishing the fee to be morein keeping with property values, and indicated shefelt that staff should look at the Park Dedicationfee again as it might be higher and /or should behigher.



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In response to the above, the City Manager stated Planning

that possibly this item could be considered inconjunction with the Recreation and Open Space

Element which is on the list of High Priorities and is

currently being studied by both CommunityServices and Planning staff.

Rush Hill, Chairman, Economic Development

Committee, stated that since the July 24 CityCouncil workshop at the Central Library, representatives of the Committee have met with

representatives of the Balboa Peninsula AdvisoryCommittee to learn more of the intent of BPAC' S

recommendations made to the Council on July 24. They believe they have a much betterunderstanding of that desired activity now, BPAChas also made slight amendments to the

recommendations: at the last meeting of the EDC, they reviewed those recommendations andunanimously moved to recommend to the CityCouncil that their recommendations be included

with the priority workload of the Planning andBuilding Departments in concert with EDCrecommendations. 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 approvethe workload priorities based on the existingPlanning Department workload and the

recommendations of the EDC and BPAC.

All Ayes Mayor Hedges moved to amend the above motionto refer the matter of Traffic Circulation on the

Peninsula to the Public Works Department for studyand report back, to which Mayor Pro Ternaccepted.

28. Report from Assistant City Attorney regarding Council

amendment to COUNCIL POLICY A -10, PolicyPROCEDURAL RULES FOR THE CONDUCT OF CITY 69 )

COUNCIL MEETINGS.

The City Attorney stated that the proposedamendment would give the Mayor additionaldiscretion with respect to Public Comments on theagenda 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 Councilregarding the proposed amendment, followingwhich, the City Attorney suggested the firstsentence of 9. ( b) I. be amended to read asfollows:


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1. Public Comments - The agenda shall

contain a public comment section during

which any member of the public may addressthe Council on any non - agenda item generallyconsidered to be a municipal affair and within

the subject matter jurisdiction of the Council.

x Motion was made by Mayor Hedges to approveproposed amendment to Council Policy A -10 asrevised 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 awayon September 10, and his wife, June Melum, who passed

away on September 13, 1995, parents of Eire and MarineDeputy Director Tony Melum, as a resuH of a tragic vehicleaccident.

THERE WILL BE NO REGULAR CITY COUNCIL MEETING ONOCTOBER 23. 1995.

The agenda for this meeting was posted on October 4, 1995 at 2:00 p.m., on the City Hall Bulletin Board locatedoutside of the City of Newport Beach AdministrationBuilding.

Mayor

ATTEST:

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Council

Policy

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