HomeMy WebLinkAbout01/27/1997 - Regular Meeting0 CITY OF NEWPORT BEACH
City Council Minutes
Regular Meeting
January 27, 1997 - 7:00 p.m.
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CLOSED SESSION REPORT PRESENTED - None
RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING
ROLL CALL
Present: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Absent: Hedges
Pledge of Allegiance - Council Member Glover.
Invocation by George B. Vogel, Chief Chaplain, VA Medical Center, Long
Beach.
Motion by Mayor Pro Tent Edwards to waive reading of the minutes of the
• Adjourned Regular Meeting (Strategic Planning Session) of January 10 and
11, 1997 and the Regular Meeting of January 13, 1997. The motion carried
by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
Motion by Mayor Pro Tern Edwards to waive reading of Ordinances and
Resolutions under consideration, and direct City Clerk to read by titles
only. The motion carried by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A
FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON-
Mayor Pro Tem Edwards requested that a report be brought back to Council
addressing what, if anything, can be done about the freeway signage for
Newport Beach.
• Mayor Pro Tem Edwards requested that staff bring back a report about the
City's ability to regulate cable television rates according to the City Charter.
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City of Newport Beach
City Council Minutes
January 27, 1997
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CONSENT CALENDAR
ORDINANCES FOR INTRODUCTION
1. INTRODUCE ORDINANCE NO. 97 -6 AMENDING SECTION 12.32.020
OF THE NBMC TO ADD SANTIAGO DRIVE BETWEEN IRVINE AND
TUSTIN AVENUES TO THE LIST OF STREETS WITH A THREE TON
WEIGHT LIMIT.
2. Removed from Consent Calendar.
ORDINANCES FOR ADOPTION
3. ADOPT ORDINANCE NO. 97-1 AMENDING CHAPTER 2.08.040(G) OF
THE NBMC PERTAINING TO CITY MANAGER POWERS
(AUTHORIZATION TO CLOSE OR RESTRICT ACCESS TO PUBLIC
PROPERTY DURING CONSTRUCTION).
4. ADOPT ORDINANCE NO. 97 -2 AMENDING SECTION 12.68.060 OF
THE NBMC TO REMOVE THE TWO -HOUR TIME LIMIT AND
RESIDENTIAL PARKING PERMIT ALONG THE EAST SIDE OF ST.
ANDREWS ROAD FROM CLAY STREET TO 15TH STREET (Request
of St. Andrews Presbyterian Church).
• 5. ADOPT ORDINANCE NO. 97 -5 AMENDING PORTIONS OF
DISTRICTING MAP NO. 10 REZONING THE PROPERTY FROM THE
R -3 TO THE R -1 DISTRICT (PC AMENDMENT NO. 857) (THE EBELL
CLUB, 515 -521 WEST BALBOA BLVD.).
RESOLUTIONS FOR ADOPTION
6. ADOPT RESOLUTION NO. 97 -6 APPROVING A LEGISLATIVE
ADVOCACY AGENDA FOR 1997.
ADOPT RESOLUTION NO. 97 -7 ESTABLISHING THE PENALTY
FOR FAILING TO DISPLAY HANDICAPPED PARKING PLACARDS
AND PLATES.
8. Removed from Consent Calendar.
CONTRACTS AND AGREEMENTS
9. BIRCH STREET OVERCROSSING (S.R. 73). Approve Cooperative
Agreement No. 12 -308 with Caltrans for Oversight of the Birch Street
Overcrossing (S.R. 73) Construction; authorize the Mayor and the City Clerk
to execute the agreement on behalf of the City.
• 10. AGREEMENT REGARDING FUNDING OF CERTAIN
IMPROVEMENTS TO THE CONFLUENCE OF SR 73 AND I -405.
Authorize the City Manager to execute the SR73/1-405 Funding Agreement.
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Ord 97 -6
Vehicles &
Traffic (85)
Ord 97 -1
Adm/Personnel
(35)
Ord 97 -2
Vehicles &
Traffic
(85)
Ord 97 -5
Zoning
PCA 857
(94)
Res 97 -6
Legislation (48)
Res 97 -7
Veh & Traffic
(85); Fees (40)
Birch St
C -2931
(38)
SR73/I405 Funding
Agmt- TCA/OCTA/
CM C -3127 (38)
City of Newport Beach
City Council Minutes
January 27, 1997
INDEX
•
11. NOTICE OF COMPLETION (C- 3004 -S) CONSTRUCTION OF WATER
Groundwater
WELLS LOCATED AT THE DOLPHIN AVENUE AND TAMURA
Project(Dolphin
SCHOOL WELL SITES AS A PART OF' THE GROUNDWATER
& Tamura Well -
DEVELOPMENT PROJECT. Accept the work; authorize the City Clerk to
sites
file a Notice of Completion; authorize the City Clerk to release the bonds 35
C- 3004(S)
days after the Notice of Completion has been recorded in accordance with
(38)
applicable portions of the Civil Code; and approve final authorization to
Richard C. Slade & Associates for Hydrogeologic and Construction
Observation Services related to the construction of the water wells.
12. NATURAL COMMUNITY CONSERVATION PROGRAM
NCCP Imp.
IMPLEMENTATION AGREEMENT. Authorize the City Manager to sign
Agreement
the NCCP Implementation Agreement on behalf of the City.
Endangered
Species Act
Ayes: Thomson, Edwards, Glover, Noyes, Mayor Debay
C -3128 (38)
Noes: None
Absent: Hedges
Abstain: O'Neil
MISCELLANEOUS ACTIONS
13. PLANNING COMMISSION AGENDA FOR JANUARY 23, 1997.
Planning (68)
14. BUDGET AMENDMENT (BA -024) TO APPROPRIATE FUNDS
Budget Amend -
• ($16,000) FOR OVERTIME STAFFING FOR TWELVE SPECIAL
ment 024
EVENTS AND APRH -JUNE WEEKEND PARK LITTER CLEANUPS.
(40)
15. BUDGET AMENDMENT (BA -025) - TENNIS RESERVES. Approve BA-
Budget Amend -
025 to appropriate $12,000 to repair tennis courts from tennis court reserves
ment 025
generated from tennis class program fees.
(40)
16. TRAFFIC CONTROL ON PORT SEABOURNE WAY. Direct staff to
Vehicles &
work with the Newport Hills Community Association and the residents of
Traffic
Port Seaboume Way to slow traffic on that street; and direct staff to develop
(85)
a Policy and Guidelines for the use of road bumps.
17. CONSERVATION BASED WATER RATES (TIERED WATER RATES).
Utilities/
Receive report and defer decision on conservation based water rates (tiered
Tiered Water
water rates) until the Water Master Plan kind Financial Analysis is
Rates (89)
completed.
18. Removed from Consent Calendar.
19. MASSAGE TECHNICIAN PERMIT DENIAL. Accept, approve and adopt
Massage
the Hearing Officer's final determination to grant the appeal of massage
Docherty appeal
technician Kimi Docherty.
(27)
• 20. Removed from Consent Calendar.
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City Council Minutes
January 27, 1997
21. CITY COUNCIL AD HOC COMMITTEE FORMATION REGARDING
FUTURE OF NEWPORT CENTER (Requested by Council Member
O'Neil). Adopt Resolution No. 97 -9 forming the City Council Ad Hoc
Committee to Advance Newport Center Economic Opportunities and appoint
Council Member O'Neil as Chair, with Mayor Debay and Council Member
Noyes also serving on the Committee.
Motion by Mayor Pro Tem Edwards to approve the Consent Calendar,
except for those items removed (2, 8, 18 and 20), along with the registration
of an abstention on Item 12 by Council Member O'Neil due to a conflict of
interest. The motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. INTRODUCE ORDINANCE NO. 97 -7 AMENDING PORTIONS OF
CHAPTER 5.50, 12.56, 15.02, 15.04, 15.05, 15.013, 15.08, 15.09, 15.10, 15.16,
15.37, AND 19.12 OF THE NBMC PERTAINING TO FEES FOR
SERVICES.
INTRODUCE ORDINANCE NO. 97 -8 ESTABLISHING COST
RECOVERY PERCENTAGES FOR DISCRETIONARY MUNICIPAL
SERVICES.
Council Member O'Neil explained that the first ordinance to be introduced is
an ordinance amending portions of various chapters in the municipal code
which establish fees for services by ordinance. The concept is to have all of
the fees for services incorporated into a resolution, therefore the ordinances
all need to be amended so that the fees are not established in the text of the
ordinances, but indicates that future fees will be established by resolution.
Motion by Council Member O'Neil to introduce Ordinance No. 97 -7. The
motion carried by the following roll call vote:
Ayes:
O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
Council Member O'Neil explained that Ordinance No. 97 -8 establishes the
cost recovery percentages for the various discretionary municipal services
that are shown on the spreadsheet. He noted that at the last meeting he
made a lengthy statement about how he thought it best to process the
various costs for services, which are the product of a lengthy study
performed by KPMG Peat Marwick. He pointed out that there are 156
services and costs related to the services identified. He indicated that his
motion at the last meeting was to have a blanket motion approving all of the
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INDEX
Res 97 -9
Ad Hoc Crate
Future Newport
Center (24)
Ord 97 -7
Service Fees
(40)
Ord 97 -8
Cost Recovery
Muni Sery (40)
City of Newport Beach
City Council Minutes
January 27, 1997
INDEX
• "consent" costs and services shown in Column O, which is the Finance
Committee former chairman's initial motion. He said all of the items listed
in Column O that are marked with "consent" or "elimination," would be
passed with one motion and separate action would be taken on the items
marked "pulled." He indicated that correspondence has been received from
the Library Board of Trustees and the Parks, Beaches and Recreation
Commission, therefore the items they have addressed have been pulled to be
discussed individually.
Council Member Noyes requested that 12 and 18 be pulled and Council
Member O'Neil requested that 58 also be pulled for further discussion.
Motion by Council Member O'Neil to pass the consent items (Items 1 -11, 13-
17, 19 -44, 57, 71 -74, 77 -80, 84 -104, 106 -141, and 144 -156). The motion
carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
Council Member O'Neil said he feels the comments made by Council
Member Hedges in his letter to the Council really sets the tone of what the
study was about and what is hoped to be accomplished by having the
• services identified and the percentage of cost recovery identified.
He read the following comments written by Council Member Hedges into the
record, "The Committee report is the product of nearly two years of active
effort following several years of identified need. for such. Administrative
Services led by Dennis Danner and Dick Kurth have worked very hard to
gather the information requested by the Committee, as well as render the
KPMG study in "bite -size" form.
The KPMG report itself is comprehensive. An initial study of this
magnitude is unlikely to be totally free of error. City staff have made
additions and corrections where needed and the Finance Committee has
fleshed out the recommendations and attempted to apply a reality test.
On the whole the report is valid and reliable --even if it does point up
conclusions disagreed to by some readers or constituencies. These
disagreements are most often rooted in philosophy rather than fact.
The Finance Committee strived to judge service provision and supporting
revenues on a consistent basis. Although not always unanimous, the
Finance Committee members discussed and debated each listed service.
The report should not be viewed as a revenue raising device, although that
may be the ultimate effect. It is a policy tool; one which allows us to
. evaluate the provision of services and how we are to pay for those services.
The report by its very nature is focused on existing costs and potential
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January 27, 1997
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revenues. It ignores total expenditures and the level of service. Though it
fairly evaluates the costs of services, it is silent on whether those services
should be provided and whether they are provided as cost - effectively as
possible.
There are areas that the City Council must address and which must remain
under continuing evaluation and review. Fees should not be placed on
"automatic pilot" to be forgotten about as they rise inexorably.
Finally, the Council must recognize that many of these individual user
services have been supported by the general taxpayer for years. With the
proper fee adjustments, those individuals benefiting from those services will
be responsible for their cost. To the extent that general funds are freed from
subsidies and basic services are provided according to Council mandate, the
City Council should return future excess taxes paid by the general property
tax payer.
The KPMG study for the first time in the history of the City inventoried
nearly all City services and activities. The City should be satisfied with the
work product created to date. I believe that the City Council will find the
final product to be a useful policy document."
Council Member Glover addressed Items 75, 76, 81 -83 dealing with Fire and
Marine construction and inspection services. As a follow -up to Council
. Member Hedges letter, she said that if this process is done correctly what
the Council will be doing in essence is setting :policy. She reiterated that
this is not a money - making device and what is being discussed is what
services does the City want to provide the community and what services
does the City feel can no longer be provided. She said the reason behind the
recommended 80% cost recovery for fire inspection services was that there is
some overall public good received from the various Fire Department
inspections of commercial and other large buildings. She said the committee
voted 2 -1 on this and she was the minority vote. She said the feeling was
that part of the costs of these inspections should. be paid for by the general
public through taxes and while she agrees that there is overall public good to
having fire -safe structures, the same logic could be applied to some aspects
of the building permit process, junior lifeguard program, capital projects to
underground utility lines, etc.; however, each of these programs are fully
funded through fees to the direct users.
Motion by Council Member Glover to set the cost, recovery at 100% for each
of the services (75, 76, and 81 -83), rather than at 80% as was recommended
by the Finance Committee.
Mayor Debay explained that routine fire safety inspections are conducted for
all businesses at least once every three years and have been considered tax -
supported services and provided without charge. Inspections are conducted
more frequently in the state regulated, high -risk occupancy businesses with
• special hazards and inspection fees are charged. The current fees were
established based on the estimated time required at the rate of $40 per hour.
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January 27, 1997
• The me
Ayes:
Noes:
Absent:
Abstain .
INDEX
tion carried by the following roll call vote:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
None
Hedges
None
Council Member Noyes said that Item 12, Use Permits, is a concern because
it goes against the policy of assisting with economic development. He voiced
concerns with raising the fee for a use permit from $1100 to $1800,
especially for small businesses.
Mr. Murphy explained that over the last couple of years the City has gone
through the economic development review and streamlined the process and
more of these permit are processed at the staff level.
Planning Director Temple explained that as an ongoing part of the economic
development program, staff has been reducing the amount of processing
required for many types of uses which formerly required use permits. In the
comprehensive zoning code update, that trend is continuing with a number
of additional types of uses being permitted by Tight or being allowed to be
approved through a use permit issued by the staff through the Planning
Director's office. As a result those items that remain will be the more
complex and larger projects that would be required to go through the full
• process.
Mr. Murphy pointed out that Items 41 and 42 are the Planning Director's
Approval and Director's Use Permit and under the streamlining process,
there will be more of these lower level fee services. The Planning Director's
Approval is listed at $100 per unit and $200 for a Director's Use Permit. He
said these would be the more routine, non - controversial permits that take
less time, thus the cost is lower.
Council Member Noyes voiced concern about the vagueness and asked if this
item could be held until there is more specific rationale about what kind of
use permits will be easy ones, etc. He said he is concerned about the small
business person who will fall through the cracks and suddenly be faced with
an $1800 use permit fee because it doesn't quite meet the criteria for the
Director's Use Permit.
Council Member Glover pointed out that there were 29 use permits
processed in the 1995 -96 fiscal year, there are thousands of businesses and
only 29 fell under this category, so the number is small.
Motion by Council Member O'Neil to set the cost recovery for Item 12 at
100 %. The motion carried by the following roll call vote:
Ayes:
O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
• Noes:
Absent:
None
Hedges
Abstain:
None
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Motion by Council Member O'Neil to set the cost recovery for Item 18,
Planned Community Application, at 100 %. The motion carried by the
following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
Council Member O'Neil noted that the Council received a letter today from
the Building Industry Association requesting that the fees dealing with the
building industry be continued. He said that there has been a tremendous
amount of review of this topic and it has received a lot of publicity in the
media. He said it would not be appropriate to continue this per their
request, however a representative of BIA, Carol Hoffman, has requested that
they be allowed to have an opportunity to review the resolution establishing
the fees and he suggested that the City Manager meet with them to review
the fees and receive input from them before final action is taken.
Motion by Council Member O'Neil to set the percentage cost of recovery at
85% for Items 45 -54, 56, 58, and 59 and at 55% for Item 55, and a 10%
surcharge for non - residents, as requested by the Parks, Beaches and
Recreation Commission in their January 23, 1997 letter.
Mr. Schonlau, Chairman of Parks, Beaches and Recreation Commission,
explained that part of their recommendation is to set the recovery for Item
57, Special Event Permits, at 36 %.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
Motion by Council Member O Neil that Item 60, Transportation, be set at
30% or $2.00 per ride; Item 61, Senior Recreation classes, be established at
85% cost of recovery; no fee percentage recovery for Items 62, 63, 64, 65 and
67; elimination of Item 66; and a non- resident surcharge of 10 %; in
accordance with correspondence received from the Parks, Beaches and
Recreation Commission. He said he doesn't have a problem with using
general taxpayers money philosophically and subsidizing some of the senior
services.
Mayor Debay noted that staff has been in touch with other cities to see how
they do things and how Newport Beach compares to other cities. As far as
the percentage that is being underwritten by the general fund, Newport
Beach scores the best as far as the percentage that is taken from the general
fund (15 %n). Laguna Beach's subsidy is 31 %, Anaheim's is 34 %, San
Clemente's is 45% and Santa Ana's is 82 %.
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Council Member O Neil noted that the Friends of Oasis have spent over
$100,000 of funds that they have raised on improvements to the facilities.
H. Ross Miller, Advocacy Chairman of Friends of Oasis, reiterated his
understanding of the motion and his understanding that there is no increase
in fees for social services case management. He explained that the increase
of transportation fares from $1.00 to $2.00 calculates to an $80 monthly
increase for the seniors using the center, which is a definite hardship. He
said there is some question about who owns the transportation fleet at Oasis.
He explained that the City staff has the scheduling, maintenance and fuel
role; and Oasis buys the vehicles, pays the driver and benefits, as well as
half of the insurance. For title purposes the vans were turned over to the
City because of savings in license, registration and insurance fees. He said
they have a fourth van that has been donated by Hoag Hospital and is
operated by Western Transit. Addressing the 10% surcharge for non-
residents, he noted that some of the strongest workers and leaders are from
Irvine and Costa Mesa and they contribute a great deal for the benefit of
Oasis and the City. He pointed out that Oasis doubles as a community
center and is the largest public facility in the City available for meetings,
conferences, and social events and the City receives income from rentals of
the facility. He suggested that the fees for rentals be increased. He said
that this is discriminating against non - resident seniors who use Oasis and
noted that non - residents at the library receive full services without charge
• because the City is afraid of losing $350,000 - $400,000 per year in state aid
for libraries. He said there is also a question about whether the City can do
anything to restrict or discourage seniors from participation because the
land for the senior center was purchased and the multi - purpose building
was built with federal funds. He said he believes the City agreed at the time
that nobody over 60, regardless of race, color, residence, etc. would be
restricted from participation at the senior center. He asked for some
compassion on the Council's part and elimination of the recommended
increases for senior users of Oasis services. He pointed out that the Friends
of Oasis has a cooperative agreement with the City and they expect to be
given an equal voice with the City staff.
City Manager Murphy explained that the Finance Committee agreed with
the original staff recommendation to increase the charge to $1.50 by a 2 -1
vote, and the dissenting vote by Council Member Hedges was to increase the
charge to $7.00, which is still only a fraction of the $21.00 full cost which is
offset by the contributions from the Friends of Oasis. He said he believes the
$1.50 fee presented some concern in terms of handling the change so the
recommendation was modified to $2.00.
Celeste Jardine -Haug stated that Mr. Murphy is correct and staff felt it
would be difficult for the drivers to make change, therefore the fee was
increased to $2.00. She said that based on Council's recommendation staff
tried to figure out how to raise revenue and to cover some of the costs and
• this was one of the services that they reviewed. She said this is a service
that is provided to individuals and is a very tailored service. She said the
caravan program has been in existence about seven years and the fee has
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F1311.
• always been $1.00, therefore raising the fee to $2.00 would not only be
administratively easier to handle, but also would be in line with some other
transportation programs that are available in the community. She noted
that a lot of senior centers don't have fee -based programs, so it is difficult to
compare because most of the classes are taught by volunteers and are free.
She further explained that the caravan program that the Council is
proposing raising the fee for is not the transportation program that brings
people to the Center, however it is the program that takes people to the
doctor, grocery shopping and other errands. She said that 60% of the people
that use the program use it at least once a week on a regular basis. She
reiterated that the van that picks up seniors and. takes them to the center is
the Hoag Hospital van.
Council Member Glover said her observation over the years has been that
transportation programs never fully pay for themselves. She said she
doesn't think there is ever any hope of retrieving full cost, therefore she does
not have a problem with the $1.00 charge.
Council Member O'Neil reiterated his previous motion to maintain the $2.00
fee as recommended by the Parks, Beaches and Recreation Commission, and
if it becomes burdensome then staff can report back to the Council for
possible modification. Mayor Debay reiterated that the fee will remain at
$1.00 for transportation to the Oasis program using the Hoag van.
• The motion carried by the following roll call vote:
Ayes:
O'Neil, Edwards, Glover, Mayor Debay
Noes:
Thomson, Noyes
Absent:
Hedges
Abstain:
None
Council Member O'Neil explained that Library Services are covered under
Items 68, 69 and 70 and Council received a letter dated January 22, 1997
from the Chairman of the Board of Library Trustees suggesting that certain
percentages for cost recovery be established. As pointed out in the letter, the
Board makes these recommendations in fulfillment of their powers and
duties under the Charter to have charge of the administration of the City
library, therefore he would defer to the Board and their power under the
Charter to have input into these fees.
Motion by Council Member O'Neil to establish the fee recovery for Item 68,
video rentals, at 100% or $2.00; 88% or $1.00 per rental for Item 69, best
sellers rental; and 47 % or $5.00 for Item 70, books on cassette. The motion
carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
• Abstain:
None
Motion by
Council Member O Neil to set the cost recovery for bike licenses
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(Item 105) at 17% or $3.00. The motion carried by the following roll
call vote:
Ayes:
O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
Motion by Council Member O'Neil to establish the fee for dog licenses (Item
142), at $1.00.
Substitute motion by Mayor Debay that the cost be kept as it is currently,
which is $18.00 /year or if they are spayed or neutered, $9.00 /year.
Council Member Noyes said he would support leaving the fee at the current
rate because there have been discussions in the past about using part of this
fee to subsidize the "doggy walk" bags and he would like to start that
program again.
City Manager Murphy said that about nine months ago a report came to
Council which identified what the cost would. be if this program were
implemented city -wide and suggested that a report be brought back at the
next meeting to make sure that the correct costs are allocated before action
is taken to implement the program.
In response to Mayor Pro Tern Edwards' questions, Revenue Manager Glen
Everroad explained that seven years ago the dog license structure was
revised so that the summer and winter guests could have their licensing
prorated over a specific period of time, as well as to coincide with the rabies
inoculations, which is what the licensing program is really in effect
confirming. Therefore, if the rabies inoculation was good for 15 months
rather than sell a 12 month license and require a revaccination at an earlier
or later time, the City could sell a license that would coincide with the term
of the rabies inoculation. He stated that most cities do license for a specific
term, however the benefit is that the workload is now spread out over the
term of the year and it easier administratively.
The motion carried by the following roll call vote:
Ayes: Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: O'Neil
Absent: Hedges
Abstain: None
Council Member O'Neil said that on Item 143, animal bite reports, the City
Attorney's office has advised that the City may not legally be able to charge
for the preparation of the dog bite report, but can charge for copying the
actual report once it is prepared.
Motion by Council Member O'Neil to establish the fee as the maximum copy
charge fee permitted by law. The motion carried by the following roll
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January 27, 1997
• call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
Council Member O'Neil explained that both ordinances will be brought back
for adoption on February 10, 1997 and any changes that are made at that
time will require that the ordinances be reintroduced.
Motion by Council Member O'Neil to introduce Ordinance No. 97 -8
establishing the cost recovery percentages for discretionary municipal
services as voted upon. The motion carried by the following roll call
vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
8. ADOPT RESOLUTION NO. 97 -8 ADOPTING AN UPDATED
DESIGNATED EMPLOYEES LIST FOR 1997.
• City Manager Murphy explained that this is a request for the Council to
adopt a resolution updating the designated employees list for 1997 for the
purposes of disclosure under the Political Reform Act of 1974. He further
explained that the City Council, as well as staff, has received inquiries from
members of the boards and commissions that were proposed for inclusion.
He said that by administrative process they were given late notice and
apologized for that. He requested that the Council take action on the portion
of the list that pertains to City employees only and refer that portion
referring to the Boards and Commissions and the questions as to why they
should and what they should disclose to the City Attorney so that meetings
can be held with the various boards and commission members that have
questions so they have a fuller understanding of what will be entailed in that
process.
Mayor Debay said the concerns that were expressed to her were related to
what degree and how much detail would have to be disclosed.
Motion by Council Member O'Neil to adopt Resolution No. 97 -8 amending
the designated employees list and refer to the City Attorney for review and
report back the application of the Conflict of Interest Code to the Boards and
Commissions. The motion carried by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: None
• Absent: Hedges
Abstain: None
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INDEX
Res 97 -8
Conflict of
Interest Code
(66)
City of Newport Beach
City Council Minutes
January 27, 1997
•
18. UPDATE ON STATUS OF ACTIVITIES RELATED TO UPPER BAY.
Mayor Pro Tem Edwards said that he had originally referred this to the City
Manager for an updated report. He said the Council has received a lot of
information over the last sixty days in regard to the activities in the Upper
Bay and the dredging issue. He pointed out that the recommended action is
to direct staff to submit funding proposals to Congressman Cox. He also
noted that Congressman Cox has also raised this issue because he sees the
benefits of the Upper Bay and the regional effects. Also as earlier adopted
this evening as part of the legislative package, the Council has put this as a
high priority to move forward this year. He also explained that Governor
Wilson has included approximately $5.5 million in his proposed budget for
dredging.
City Manager Murphy stated that staff has indicated to the lobbyist in
Sacramento that this is his highest priority in 1997.
Ed Benson, President of Dover Shores Association, explained that he
received phone calls in response to an article in The Daily Pilot and the fact
that it didn't mention the problems in the Upper Bay as a Council priority,
therefore they questioned whether the City had put this on a "back- burner."
He said he went through this dredging situation ten years ago at a cost of
• $117,000 to process it through all the environmental requirements, obtain
the impact reports, and obtain the blessings of all the various agencies. He
noted that today the cost is already over $700,000 and he has heard
comments that it will be close to $1 million before any effective work can be
done to correct the situation. He said there are a couple of hostile people in
the community talking about suing, however he feels that doesn't help
anybody and it just retards the correction of the same problem. He said the
problem is that there isn't any concise, directional effort by one leadership
and pointed out that in July of 1996 the California Coastal Conservancy
requested budgeting of $5,800,000 and Governor Wilson black - balled it. He
noted that it is in the budget this year, however by July of 1997 the situation
will be worse than a crisis. He noted that boats are being damaged out in
the main channel and people that are trying to sell their homes are having
problems because of the situation. He said there have been problems with
destruction of the environmental situation in the habitat, but it is also now a
navigational problem.
Mayor Pro Tom Edwards reiterated that this was given highest priority at
the Council strategic planning session, and it is also a high priority in the
legislative package. He said that this matter has been discussed with
Congressman Cox and Marian Bergeson, and a meeting was also held with
Senator Ross Johnson.
Edwin Amyes expressed concerns about this issue being televised because
the subject matter will further run down property values. He explained that
• he spent $16,000 ten years ago for a new dock because at low tide there was
two feet of dirt at the end of his dock (50 feet from shore), and the same
thing has happened again within the last five or six months. He said
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Upper Newport
Bay Dredging
Public Works
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•
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January 27, 1997
$33,000 has been paid into a $1 million fund and they have been working on
this in good faith. He said that even though they pay a user permit to the
County, dredging has not been occurring 50 feet in front of their places, but
down the central channel. He voiced concerns with contaminated sewage
water, the lack of a marsh to eat up the bacteria and take out the nitrates,
and the failing of the seawalls around the bay. He said the dredge went past
his house and skipped dredging and he is the last of 12 or 14 people on the
main channel.
Motion by Mayor Pro Tem Edwards to direct staff to submit a funding
proposal to Congressman Cox and to monitor the status of the state funding
proposal for Upper Bay dredging. The motion carried by the following
roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
20. GROUNDWATER DEVELOPMENT PROJECT STATUS REPORT.
Public Works Director Webb explained that the Groundwater Development
Project is a project in which the City is developing a second source of water
for the community. Currently 100% of the water comes from the
• Metropolitan Water District, either from northern California or the Colorado
River, and the construction of this facility will allow water to be pumped
from the groundwater basin in central Orange County to Newport Beach for
distribution through the system. This will give the City the benefit of better
quality water from the basin and will be economically more beneficial in the
long run.
Mr. Webb presented highlights of the progress of the project. He said the
four wells that have been drilled have met all expectations and can produce
water in the quantities anticipated when they were designed. The
construction of the well -house buildings has started, the pumps and pump
motors will be installed as part of that contract, and it is anticipated that it
will be complete by August or early September. He explained the pipelines
(Reach 3 -A and 3 -B) that will connect the two sites and tie into the main
transmission line and noted that construction will get underway this week.
He noted that Reach 3 of the pipeline is basically complete and has been
tested; Reach 2 is 100% complete; and the crossing under the Santa Ana
River in Reach 1 that goes through the habitat area is complete and has also
been tested. The 3 million gallon reservoir at the 16th Street yard is
complete and the pump station that will take the water from the reservoir
and pump it to the Big Canyon Reservoir is about 50 +% complete. The pump
station building has been roofed and the five pumps are installed, however
the tanks for ammonia and chlorine have not been installed and the control
systems are in the process of being installed. This portion of the project is
• about 75% complete. He said the remaining element of the groundwater
project is the improvement to the utility yard itself, however until the
reservoir and pump station are complete the utility yard cannot be paved.
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BVDEX
He noted that the other 25% of the project should be complete by August and
he believes the schedule will be met and will be within the budget
established in August of 1996 ($23.7 million). He said approximately $17.8
million has been spent on the project to date. He explained there are a
couple of projects beyond the groundwater project that will be under
construction shortly and that overall the project is going very well and staff
will be planning a dedication ceremony for when it is completed.
Mr. Webb stated that in the 15 -year plan consideration was given to
payment of all of the bond payments, as well as the difference in the price of
water between the groundwater and MWD, and it was figured that there
would be a $40 -50 million savings in that 15 -year period. He explained that
the projections indicated that the water rates with MWD would continue to
go up about 5 -6% per year over the next 15 -year period. He said with this
project the City will be able to maintain a level water rate and possibly a
slight reduction out several years.
Mayor Debay explained that she attended a meeting at the Orange County
Water District and discussions were held about the demand that is being
placed on the Colorado River supply. She said the availability of water to
southern California will decrease and there may be a problem because
Arizona is demanding much more of their fair share of the Colorado River,
which they have not been using up until this point.
• No action was required or taken on this issue.
• Phil Arst, Chairman of the Community Association Alliance, explained that
the association has recently appealed speed limit increases in their area. He
explained that two other members of the Association will also address the
Council and their emphasis will be on the quality of life for the general area
and less on the specific problems of San Joaquin Hills Road and Marguerite,
where the appeal has been lodged. He explained that the Association
consists of ten homeowners associations representing 2500 families. He said
most of their homes are located in Council Member Thomson's district and
they have met with him and appreciate his help. He urged the Council to
hear their appeal quickly because of the safety concerns. He said their
appeal is part of a general program to try to improve the quality of life by
containing traffic speeds and densities throughout the Harbor View area.
He said the continuing development of Newport Coast and the construction
of 2800 homes in Bonita Village that has been approved by the City of Irvine
will cause traffic impacts on them. To the greatest extent practical, he said
they would like to work with the Council to route that traffic around them or
take whatever mitigation measures that can be worked out together. He
said they hope to keep from converting San Joaquin Hills Road and San
Miguel into second Pacific Coast Highways and they would like to preserve
the residential neighborhood of their community. In the near future, he said
• they will also address the Council regarding other matters of importance to
their district, which will include the downcoast annexation, coyotes, City
trees, reclaimed water usage, Bonita Village and speed limits on other
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City Council Minutes
January 27, 1997
1 1
streets in their area that are also impacted.
• Yvonne Houssels, one of the original founders of the Community Association
Alliance (CAA) and President of Harbor View Hills South Homeowners
Association, explained that one of the major issues of concern that the CAA
has at this time is the increased traffic through the residential communities.
She said that the combining of Bonita Canyon and the proposed Pelican
Hills Road into Newport Coast Drive was to be a mitigating factor for the
Irvine Company's downcoast development to divert traffic around Corona del
Mar. Unfortunately, the San Joaquin Hills Corridor has been laid over a 1.6
mile section of Newport Coast Drive and tolls have been placed on the on
and off ramps. She said that in the past the City insisted that a parallel
bypass be provided. She said she served as the only representative of the
public on the ad hoc committee to find a way to eliminate the tolls on
Newport Coast Drive to provide a parallel bypass. Despite the protests of
thousands of people that she represented, the TCA only agreed to provide a
bypass, which is very confusing and not parallel. Referring to pictures of
signage, she noted that there is no way to tell from the signage that there is
a bypass or a way to avoid the toll road, so obviously motorists turn left onto
San Joaquin Hills Road. She requested that the City join with them in
insisting that the bypass be adequately signed so that motorists can easily
use it rather than using San Joaquin Hills Road and the old routes through
Corona del Mar, including Pacific Coast Highway. Without adequate
signage the traffic will be diverted through the residential streets and will
• bring back the serious traffic impacts that Newport Coast Drive was
intended to alleviate.
• Claire Schwan, one of the original founders of the Community Association
Alliance (CAA) and President of the Spyglass Hill Community Association,
said she is here to make the Council aware of the concerns that the CAA has
with the speed limits, particularly on San Joaquin Hills Road and
Marguerite Road. She said they also want to make the Council aware of the
concerns of the residential community and the need to address other factors
in addition to the speed limits. San Joaquin Hills Road had a 40 mph speed
limit and, without notification to the residents in the area, it was raised to
previous freeway speeds of 55 mph. She noted that there are residential
homes, a park, Harbor Day School and open space in the two block area from
the Newport Beach boundary at El Capitan Park to Marguerite. In front of
the Harbor Day School there is a blinking light which warns motorists that
children are present and motorists are expected to immediately decrease
their speed from 55 mph to 25 mph. She said they would also like the City
to provide a sign on San Joaquin Hills Road at the City limits which would
read, "You are entering Newport Beach, slow down, this is a residential
district - 40 mph." She said they also think there should be a Newport
Beach sign when you enter the City. She said the CAA also has concerns
about the increased speed limit on Marguerite, which was raised from 35 to
45 mph and noted that the residents that live in the area have a difficult
time trying to make a left -hand turn from their residential streets onto
Marguerite. She noted that this is a residential area and there is a senior
citizen center on the corner, therefore the City needs to consider the safety
of the senior citizens who must cross the street to get to the Oasis Center.
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January 27, 1997
• She indicated that they have been working with their newly elected Council
Member Tom Thomson and expressed their appreciation to him and asked
the Council to support the CAA's request for a return to the 40 mph speed
limit on San Joaquin Hills Road, a City limit sign upon entering Newport
Beach, and a return to the 35 mph speed limit on Marguerite.
• H. Ross Miller, member of the Community Association Alliance representing
the Spyglass Ridge Community Association and a member of the Board of
Directors of Friends of Oasis, advised the Council that the Friends of Oasis
have decided that they want a liaison relationship with the new Community
Association Alliance (CAA). He said the CAA has approved their request
and noted that they are all in this together with a formal relationship. He
said they have many mutual problems in the eastern section of the City and
can help each other, however their primary concern is with quality of life
issues. He said that the Council has an Economic Development Committee,
however they think the City should also have a Quality of Life Committee.
In Spyglass Ridge there are concerns about the new speed limit on San
Joaquin Hills Road and on Marguerite and the hazard to seniors crossing at
5th and Marguerite. On behalf of the Spyglass Ridge residents, he noted
that The Irvine Company built a $450,000 sound wall to mitigate traffic
noise, however it was not designed for the new speeds and now the noise is
back. He respectfully requested that the speed limit be returned to what it
was previously. He said they also support the reduction of the speed limit on
• Marguerite and San Joaquin.
• Sharon Brown questioned City Manager Murphy about whether he had
passed her message along to Police Chief McDonell after the last meeting.
Mr. Murphy indicated that he had relayed the message, as well as spoke to
the Chief, and noted that the Police Department has spent a great deal of
time talking to her about her concerns. He explained that the statements
that Ms. Brown has made to the Police have not been confirmed.
Ms. Brown indicated that the Police Department has skirted around the
issues in order to shift the focus and the only one that has shown any
concern and made any real effort to assist her has been the City Attorney.
She indicated that the City Manager has not responded to her messages.
PUBLIC HEARINGS
22. APPEAL OF THE DECISION OF THE PLANNING COMMISSION
DENYING THE ESTABLISHMENT OF A STOREFRONT RENTAL
CAR AGENCY, WITH VEHICLES PRESENT, IN A COMMERCIAL
CENTER - THRIFTY RENT -A -CAR, 2018 QUAIL STREET - USE
PERMIT NO. 3594 (Applicant - Brian Wood) (contd. from January 13,
1997).
Assistant City Manager Wood reported that subsequent to the public hearing
• held on January 13, 1997, she met with the City Attorney and with the
applicant and have devised three new conditions to address the concerns
raised by the City Council. The first requirement is that there be a lease for
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IQ 1 4
UIP 3594
(88)
City of Newport Beach
City Council Minutes
January 27, 1997
off -site parking that is at least of the same duration as the lease for the office
space and that it be presented to the City before the use permit can become
effective; the off -site parking would have to accommodate 30% of the fleet for
Thrifty; the applicant would have to advise the City staff of changes to the
fleet so the balance can be maintained and staff would have to be notified in
advance if there were to be any changes to that lease. The second condition
deals with the regular review of this use and it states that within the first
year of operation review will occur every three months and after that it
would be on a complaint basis. The reviews would be done by the Planning
Commission and they would have the opportunity to amend or add
conditions or recommend revocation of the permit to the City Council if
problems arose. The third condition requires an amendment to the use
permit if there is any change in operation. She noted that the applicant has
agreed to these conditions.
Brian Wood, applicant, stated that he agrees with the findings and the
conditions.
Mayor Pro Tem Edwards questioned whether the applicant would be
required to show up at the Planning Commission meetings every three
months or if it would just be a consent calendar item. He said he feels this
may be a little onerous.
Ms. Wood explained that the condition has been written so that it is
automatically reviewed by the Planning Commission and it would be in the
applicant's best interest to be present when the reviews occur.
Mayor Debay opened the public hearing, and, hearing no testimony, closed
the hearing.
Motion by Mavor Pro Tern Edwards to reverse the decision of the Planning
Commission and approve Use Permit No. 3594 with the modified conditions
as presented, but rather than have the Planning Commission review the use
permit every three months, the review will be conducted by the Planning
Director.
The motion carried by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
23. PUBLIC HEARING TO CONSIDER THE ADOPTION OF
ORDINANCE NO. 97 -3 AMENDING CHAPTER 14.30 OF THE NBMC
PERTAINING TO COMMERCIAL KITCHEN GREASE DISPOSAL
AND THE ADOPTION OF RESOLUTION NO. 97 -10 ESTABLISHING
AN ANNUAL GREASE DISPOSAL LICENSE FEE IN LIEU OF
PROVIDING A GREASE CONTROL DEVICE FOR COMMERCIAL
KITCHENS.
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INDEX
Ord 97 -3
Res 97 -10
Water /Sewers
(89)
City of Newport Beach
City Council Minutes
January 27, 1997
City Manager Murphy explained that he started with the City nearly five
years ago and at that time this was an issue that was on the list to be
reviewed. At that time there were a number of locations, primarily older
restaurant sites, where grease collected in the sewer lines causing frequent
blockages and required cleaning of the lines. At that time, it was a
requirement of the code to basically install either interceptors or grease
traps, which was expensive for businesses that were in existence, so it was a
challenge to develop a new policy to try to deal with the issue.
Motion by Council Member Glover to adopt Ordinance No. 97 -3 pertaining to
kitchen grease disposal and Resolution No. 97.10 establishing an annual
grease disposal license fee.
Mayor Debay requested that staff report back to Council on the success of
the program. Mr. Murphy indicated that it could be done through the Public
Works Committee and passed on to the entire Council through the minutes.
Mayor Debay opened the public hearing, and, hearing no testimony, closed
the hearing.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
24. PUBLIC HEARING TO CONSIDER THE GRANTING OF NON-
EXCLUSIVE SOLID WASTE COLLECTION FRANCHISES FOR
ADDITIONAL COMMERCIAL SOLID WASTE HAULERS WITHIN
THE CITY OF NEWPORT BEACH.
City Manager Murphy explained that when the City Council adopted non-
exclusive franchises for the commercial waste haulers in the community,
provisions were made for future waste haulers to do business within the
City. He noted that two new haulers have undertaken the rather detailed
process by providing information to the City staff on their operations. Under
the ordinance that was adopted and pursuant to the City Charter, the
Council is required to conduct a public hearing and adopt an ordinance
approving these franchises prior to them being permitted to operate within
the City's boundaries.
Motion by Council Member Glover to adopt Ordinance No. 97 -4 granting the
subject franchises to Zakaroff Services and Tight Quarters, Inc.
Mayor Debay opened the public hearing, and, hearing no testimony, the
public hearing was closed.
The motion carried by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Volume 51 - Page 73
INDEX
GS /Solid
Waste Fran -
Chises
Ord 97 -4 (42)
City of Newport Beach
City Council Minutes
January 27, 1997
• Noes: None
Absent: Hedges
Abstain: None
25. PUBLIC HEARING TO CONSIDER THE ZONING CODE UPDATE.
City Manager Murphy explained that the re -write of the zoning code has also
been on the list of things to do for a long time. Ile commended the staff that
undertook the project and a sub - committee of the Economic Development
Committee, as well as the Planning Commission. He said they have taken a
comprehensive look at the zoning ordinance to make sure it is internally
consistent and easier to work with. At the study session on Monday,
January 20, 1997, there were some issues raised by Council, therefore staff
will present a short overview and address specifically those questions that
were raised at that time.
Planning Director Temple explained that the zoning code that is being used
by the City was originally adopted in 1943 and was reorganized in 1976.
As far as the rezoning, she explained that by far the largest number of
properties being rezoned as part of this project are the areas known as "The
Bluffs," which is in the Eastbluff area of Newport Beach. The current zoning
for that area is either R3 PRD or R4 PRD with the PRD being an overlay
district meaning "Planned Residential Development," under which a use
• permit was originally approved for the development in 1965 and
subsequently amended in 1978. The City is planning to remove the R3 and
the R4 districts from the zoning code, therefore the issue of the underlying
zoning in association with the PRD overlay must be addressed. When
originally brought before the Planning Commission, staff suggested that the
zoning be changed to MFR PRD, but this raised significant concerns with
some of the homeowner associations which constitute the Bluffs. Their
concern was that it might imply that some of the existing townhomes in the
area could be converted to multiple- family dwellings. Upon further review of
the tract maps that were used to implement the PRD use permit it was noted
that each and every one of the townhomes in the Bluffs is sitting on an
individual footprint lot, therefore it was determined that the Rl district, as
the underlying district, was the most appropriate. She explained that it is
important to note that the controlling document is the original PRD use
permit which established the development plan and the development
standards and no changes to that use permit are proposed at this time. She
also noted that the Council received a letter expressing concerns with the
rezoning in the Bluffs area and an argument against the proposed
amendment because the writer of the letter believes that this action would in
some way constitute a change to the CC &R's which govern the Bluffs
Homeowners Association. She explained that this does not involve any
amendment to the CC &R's and that any existing covenant, code and
restrictions which the community enforces itself are not affected by this
proposal. Additionally, four open -space designated properties in Newport
• Beach, the Marina Park, Newport Dunes, Newport Beach Country Club and
Newport Beach Tennis Club, are recommended by the Planning Commission
to be rezoned to the PC or Planned Community District. She said there was
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GPA 96 -1(D)
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Update
Res 97 -11 & 12
Ord 97 -9 & 10
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•
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January 27, 1997
4 1
some discussion as to what the most appropriate zone for these properties
would be, but after substantial testimony from the property owners and
review of the PC Districts throughout Newport Beach, the Planning
Commission recommended that the properties be placed in the PC District.
She noted that within the districting maps distributed in the package that
there are two errors: one in Districting Map No. 41, where the Newport
Beach Tennis Club should be depicted in the PC District and additionally on
Map No. 9 where Marina Park should be shown as PC. If the ordinances are
introduced, staff would recommend that those alterations be incorporated
into the action taken tonight.
She said the third major area of rezoning is a block of residential properties
along Catalina Drive in the western part of Newport Heights. Currently the
General Plan Land Use Element calls out this particular block as two family
residential and this was an actual determination of the City when it
amended the General Plan in 1988. Prior to that time, the General Plan
designation for that block had been multi- family residential. The reason for
the change in 1988 is that with one exception all of the properties along
Catalina Drive have no more than two residential units, however one lot has
a triplex on it. In order to implement the 1988 General Plan, staff is
suggesting and the Planning Commission has recommended that this block
be rezoned from the R3 District to the R2 District. Testimony was received
from property owners in the area contesting the change.
•
In reference to the issues raised by the City Council at the study session, she
said there are clarifications to those issues in the last four pages of the staff
report. The report contains an addendum to the draft zoning code with some
specific changes proposed from that which was recommended by the
Planning Commission. In the first section, 20.00.035, the change is in the
enabling language for the assessment of fees. In Section 20.05.050,
adjustments to the maximum number of patrons for certain types of
residential care have been made to be consistent with recent changes in state
planning law. In regard to how the determination of the 90% greater or
lesser damage was determined for replacement value on non - conforming
structures, staff is proposing additional language to allow the Building
Director to make the determination of replacement value. However, should
the property owner elect to retain an appraiser in order to either come up
with a more refined replacement value percentage or to expedite the process,
the Building Director would then accept that appraisal. Throughout the
existing code, references were made to appraised value and assessed value
and sometimes those actual numbers are quite divergent subsequent to
Proposition 13, so the code now uses replacement value as the criteria. In
terms of the questions regarding the required parking for Bed & Breakfast
Inns, there was an error in the original transmittal to the City Council. The
Planning Commission's original recommendation, which is shown on
handwritten page 129, is one parking space for each guest room plus two
spaces which are intended to serve the resident owners as required by the
Chapter. She said there were also some questions raised regarding the
•
signage for home occupations, therefore some additional language that was
prepared today was distributed, which would provide some additional
limitations on signage for home occupations. Section 20.60.100(B)(2), design
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January 27, 1997
iii 0
limitations for home occupation signs, states that no evidence of any home
occupation shall be visible from off the lot where it is conducted except for
professional nameplate signs. Professional nameplates shall be limited to
one sign per dwelling unit and shall be no larger than two square feet.
Professional nameplates shall be affixed to the exterior walls and the
maximum height shall be six feet above the finished floor of the dwelling
unit containing the home occupation and cannot be internally illuminated.
She said the reason for the six foot height limitation is to assure that the
nameplate signs are not placed on an awning or a facia board that would be
much more prominent than would be desirable in a residential district.
Additionally, staff has provided some changes to refine the particular
criteria which would be considered a change in operational characteristics
for certain types of eating and drinking establishments. Specifically, rather
than just leaving an open -ended description of a substantial change it is
suggested that in terms of hours of operation, that an increase greater than
one hour would trigger the need to amend a use permit, and introduction of
live entertainment consisting of three or more individuals or live
entertainment with amplified sound would also trigger the amendment
requirement. An increase in the gross floor area or net public area
principally devoted to the sale of alcoholic beverages in excess of 250 square
feet or an increase in seating by more than 15% would also require an
amendment to the use permit. In the section dealing with minor changes,
any changes which are less than this criteria would qualify for a use permit
issued by the Planning Director.
• She noted that the staff report included a recommendation that the City
Council order the publication of a 114 page display ad as prescribed by the
Government Code, however upon further research staff has discovered a
1989 resolution authorizing the City Clerk to prepare and publish
summaries of ordinances adopted by the City Council, therefore the
publication of the display ad is unnecessary and that recommendation
should not be acted on.
In response to Council Member O'Neil's request for further clarification on
minimum length of stay in Bed & Breakfast Inns in residential districts, Mr.
Alford explained that this was discussed at both the steering committee level
and the Planning Commission but not so much in terms of minimum stay as
much as the impact to the neighborhood. He noted that typically the stays
are very brief, one or two nights, or a weekend.
Mayor Debay acknowledged the letter from Mr. Bill Ficker commenting on
Amendment No. 846 and their accordance with the proper zoning
classification for Bay Island Club.
Mayor Debay opened the public hearing, however, no testimony was
presented.
Motion by Council Member O'Neil to adopt Resolution No. 97 -11 approving
• General Plan Amendment 96 -1(D) and Resolution No. 97 -12 approving Local
Coastal Program Amendment 46; to introduce Ordinance No. 97 -9 (with the
various alterations in the Addendum and Addendum #2 attached to the staff
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January 27, 1997
• report and distributed), approving Amendment 834, a comprehensive update
of the Zoning Code, and pass to second reading on February 10, 1997; and to
introduce Ordinance No. 97 -10 (with two corrections noted on Maps 9 and
41), approving Amendment 846, an amendment to Districting Maps, and
pass to second reading on February 10, 1997.
Mayor Pro Tern Edwards complimented staff, the EDC Committee and
Planning Commission for their work on this project.
Ms. Temple expressed her thanks and gratitude to the two sub - committees of
the EDC and the Planning Commission, specifically Jerry King, Steve
Sutherland, Ed Selich, Garold Adams and Mike Kranzley, who spent hours
reviewing each section of the code and making tremendous refinements and
improvements to the code as presented to the Planning Commission.
The motion carried by the following roll call vote:
Ayes:
O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
• 26. COUNCIL POLICY A -14, RESTRICTIONS ON COMMUNICATIONS
INITIATED BY THE CITY OFFICIALS AND CITY STAFF WITH
CIVIL SERVICE BOARD MEMBERS (coutd. from December 9,1996).
City Manager Murphy explained that he and the City Attorney met with the
members of the Civil Service Board to discuss the issue and from that
meeting, they have returned with the policy as originally drafted, with the
language suggested by Council Member Hedges included in italics. The Civil
Service Board asked their legal counsel, Mr. Freedman, to review and
comment on the proposal. Mr. Freedman raised some concerns on the issue,
therefore staff has presented two alternatives for the Council: 1) to approve
the policy as originally proposed; or 2) to approve the policy as amended by
Council Member Hedges. In communicating with the Civil Service
Commission, staff indicated to them the concern about working to bring
some ex parte rules and regulations before the commission. At the meeting
and in the minutes there is a reference that indicates that the commission is
committed to working towards adopting their own rules and procedures
which would provide for the kind of rules and regulations as suggested by
Council Member Hedges. He explained that he discussed this with Council
Member Hedges last week and given the intention of the Board, he would
support the policy without his amendment.
Motion by Council Member O'Neil to approve City Council Policy A -14 as
originally proposed.
• Council Member Glover said that if the Civil Service Board is looking at
some of their internal rules, one thing that wasn't mentioned and they may
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want to consider, is that they should not talk to members of the public. She
said them not communicating with the public is as important as not
communicating with the Council.
The motion carried by the following roll call vote:
Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
27. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISES
(contd. from January 13, 1997).
Mayor Debay explained that on January 13, 1997 the vote between the two
nominees, Kathy Harrison and Nancy Warzer -Brady ended in a tie,
therefore the appointment was continued.
On the first vote, Mayor Pro Tem Edwards and Council Members O'Neil and
Glover voted for Kathy Harrison; and Mayor Debay, and Council Members
Thomson and Noyes voted for Nancy Warzer- Brady.
Mayor Pro Tern Edwards called for another round of votes. He explained
that he is a supporter of Kathy Harrison, however since there is an
• appointment coming up in June, he will support Nancy Warzer- Brady.
Council Member O'Neil concurred and said he too will switch his vote to
Nancy Warzer- Brady.
Nancy Warzer -Brady was appointed to fill the vacancy on the Arts
Commission by the following roll call vote:
Nancy Warzer- Brady: O'Neil, Thomson, Edwards, Noyes, Mayor Debay
Kathy Harrison: Glover
28. UNSCHEDULED VACANCY ON THE PLANNING COMMISSION.
Mayor Debay explained that the appointments committee met and
interviewed the applicants and put forth two nominees, Diane Coltrane and
Richard Fuller. She commented that she received a number of
communications supporting Diane Coltrane.
Richard A. Fuller was appointed to fill the vacancy on the Planning
Commission by the following roll call vote:
Richard Fuller: O'Neil, Thomson, Edwards, Glover, Mayor Debay
Diane Coltrane: Noyes
29. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS
ADVISORY COMMITTEES FOR A ONE -YEAR TERM ENDING
DECEMBER 31, 1997 (appointed by Council upon recommendation
of each Council Member) (conid. from 12/9/96 & 1/13197).
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The following nominations were confirmed and the balance continued until
February 10, 1997:
Bicycle Trails Citizens Advisory Committee
(District 1) Council Member Hedges' appointment of
(District 2) Mayor Debay's appointment of Alan Silcock.
(District 5) Council Member Noyes' appointment of
(District 6) Council Member O'Neil's appointment of Douglas Orr and
Norman Moyer.
(District 7) Council Member Thomson's appointment of and
Environmental Quality Affairs Citizens Advisory Committee
(District 2) Mayor Debay's appointment of Viji Sadasivan and Phillip
Ramirez.
(District 6) Council Member O'Neil's appointment of Margie Pantzar.
(District 7) Council Member Thomson's appointment of Judith Ware.
Mayor Pro Tem Edwards requested that the City Clerk place his
appointment to this committee on the agenda for February 10, 1997 based on
the letter received from Patricia Shehan declining; the earlier appointment.
Harbor Quality Citizens Advisory Committee
(District 3) Council Member Glover's appointment of
(District 7) Council Member Thomson's appointment of Nancy Skinner.
30. COMMUNITY OUTREACH PROGRAM (Requested by Council
Member Noyes).
City Manager Murphy explained that at the last; meeting Council Member
Noyes asked staff to do some research in terms of a community outreach
effort. He said that Council Member Noyes has suggested trying to meet in a
group with the associations and communicate in an orientation way. In the
process of preparing the report, staff was also contacted by the General
Manager of Comcast who expressed an interest in beginning a regular TV
access program.
Mayor Debay noted that Comcast has already started by filming the
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replenishment on the beach and also went to the jetty and filmed the
rebuilding of it. She also pointed out that many of the programs that are
seen on Comcast are re- broadcast and the Council meetings are replayed.
Council Member Noyes said he thinks time can be saved by creating some
kind of a clearinghouse for ideas and concepts and the City would benefit by
getting some feedback from the business and residential leaders. He
suggested that a meeting be held in March on either a Saturday or Sunday.
Mayor Debay explained the Community Pride meetings which were held
four times annually in West Newport as basically an outreach to all of the
associations in West Newport.
Motion by Council Member Noyes to direct staff to schedule a community
orientation meeting to be held in March. He said that the associations
should be notified by mail with a follow -up phone call.
Council Member Glover noted that it has been stated that it would take 10-
15 hours of staff time to organize such a meeting and staff would attend the
meeting. She questioned who on staff would attend this meeting.
Mr. Murphy said that the City of San Clemente has recently done something
like this and they used primarily senior staff in order to answer questions on
the larger issues. He said the senior managers would participate and it is
• anticipated that some materials in terms of the projects would also be
distributed. He said the material is already prepared and it would be a
matter of pulling it together. He said he believes it is a worthy effort to try
to outreach and staff is willing to give their time.
Council Member Glover asked at what point would the City say that so much
energy is being expended that there has to be a better way of doing this.
Mr. Murphy said that things will change, evolve and develop and there will
probably be a desire to follow up on a periodic basis and provide something
regular to them. He said it may not necessarily be a meeting, but possibly
some sort of document that they could include in. their newsletter. He said
he doesn't believe this would be an overwhelming task because it would
involve pulling together documents that staff already has.
City Attorney Burnham explained that if the meeting is public and open to
all persons and there is no collective discussion of City business, then all
Council Members can attend.
Mr. Murphy explained that if Council approves the motion then staff would
meet with Council Member Noyes and determine the scope of what the
program would consist of and then transmit that to the City Council for
information and suggestions and then prepare for a March meeting. He also
said be feels that the City should take Comcast up on their offer.
• The motion carried by the following roll call vote:
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Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: None
Absent: Hedges
Abstain: None
31. CITY COUNCIL POLICY A -2, BOARD AND COMMISSE
APPOINTMENTS (Requested by Council Member Thomson).
Council Member Thomson said that he brought this up in order to find some
way of getting more people from all over the City involved in committees,
etc. He said there are a lot of the same people on the committees year after
year, which is great because they have an interest. He said, however, that it
is difficult to find new people because it is tough to advertise and let them
know what is available and what kind of things they will be doing, if
appointed.
Motion by Council Member Thomson to receive and file the report. He said
he will continue to review this area because his goal is to have people from
all over the city involved in the committees. He said if there is another way
to reach that goal rather than making a strict policy that the appointments
have to be made from specific districts, that would be his preference.
The motion carried by the following roll call vote:
• Ayes:
O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes:
None
Absent:
Hedges
Abstain:
None
32. COMMUNICATION FROM COSTA MESA ON LIBRARY
SERVICE.
City Manager Murphy reported that a letter was received from Costa Mesa
Mayor Buffa indicating that they are looking at alternatives related to their
library, specifically the creation of possibly a new district or joint operation
with the surrounding cities that operate independent libraries. At this point,
Mayor Buffa is inquiring about whether the City is interested in meeting
with them to discuss their issues and concerns. Mr. Murphy said that the
Library Trustees have indicated their willingness to have their Chair and
Vice Chair meet with the representatives from Costa Mesa.
Motion by Mayor Pro Tem Edwards to accept the request of the Honorable
Mayor Buffa from the City of Costa Mesa to discuss cooperative library
services, although with no commitment; and to authorize the Mayor, a
second Council Member (Mayor's choice) and the Chair and Vice Chair of the
Board of Library Trustees to meet with Costa Mesa representatives.
The motion carried by the following roll call vote:
• Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay
Noes: None
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Absent: Hedges
Abstain: None
MOTION FOR RECONSIDERATION - None
ADJOURNMENT - The meeting was adjourned at 10:10 p.m. to an Adjourned
Regular Meeting to be held at 4:00 p.m. on Monday, February 10, 1997 for a Study
Session on BPPAC; followed by the Regular Meeting at 7:00 p.m.
The agenda for the Regular meeting was posted on January 22, 1997 at 3:15
p.m. on the City Hall Bulletin Board located outside of the City of Newport
Beach Administration Building.
City Clerk
Recording Secretary
s,
Ma o
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