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HomeMy WebLinkAbout03/10/1997 - Regular Meetingu CITY OF NEWPORT BEACH City Council Minutes Regular Meeting March 10, 1997 - 7:00 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Absent: None Pledge of Allegiance by Council Member Norma Glover. Invocation by Gregg Kelley, President of the Inter -Faith Council. Waived reading of the Minutes of the Meeting of February 24, 1997, approved as written and ordered filed; waived reading in full of all Ordinances and Resolutions under consideration and directed the City Clerk to read by titles only. Motion by Mayor Pro Tem Edwards carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON- • Council Member Noyes announced that there will be a Community Association Leaders Workshop in the Central Library Community Services Room on March 19, 1997 at 7 p.m. as an opportunity for the city to get some feedback and ways for the associations to get in touch with appropriate city staff members or council members. • Council Member Glover spoke to the issue of the proliferation of TV dishes, and requested staff investigate restricting their size and location. • Council Member Glover requested a report back from staff regarding the brown bag signs used by the Wells Fargo Bank at the corner of Volume 51 - Page 134 INDEX City Council Minutes Regular Meeting March 10, 1997 INDEX • Riverside and Pacific Coast Highway, wherein City Manager Murphy suggested an oral report. • Council Member Hedges suggested that the City Manager's Newsletter be available for subscription in place of a City -Wide Newsletter. • Mayor Pro Tem Edwards inquired as to whether citizens will have an opportunity to continue to comment on future BPPAC recommendations, wherein City Manager Murphy advised that the public will be permitted to speak during a Public Outreach Program returning to the City Council in April. • Mayor Pro Tem Edwards asked when the public walkway and the Castaways will be opened, wherein Public Works Director Webb advised within one to two months, as the landscaping has not been completed on either side, and that he would try to see if he can hurry this along. • Mayor Pro Tem Edwards inquired as to who regulates the use of the Marian Bergeson Aquatic Center in Corona del Mar with respect to an International Water Polo Tournament being scheduled here, wherein City Manager Murphy advised that the city has a joint -use agreement with Newport -Mesa Unified School District, and there are different hours of the week for the use; during school hours use is regulated by the School District; weekends and evenings the city would be using the facility. Public complaints should be directed to the Community Services Senior Recreation Manager, Steve Hunt. • Mayor Pro Tem Edwards reminded the people watching that the Toshiba's Senior Tournament will begin today for the entire week and contributing to the economy of the city. Council Member Thomson requested an oral report from the Police Chief regarding the status of door -to -door solicitors, wherein Mayor Debay advised that this is also being addressed at SCAG with regulation toward requiring a state license. CONSENT CALENDAR ORDINANCE FOR ADOPTION 1. ADOPT ORDINANCE NO. 97 -12 AMENDING SECTIONS 6.28.010, 6.28.036, 6.28.040 AND 6.28.090 OF CHAPTER 6.28 OF THE NBMC PERTAINING TO LIVE ENTERTAINMENT ESTABLISHMENTS. M-aYUAiJtll[�2►L• 1Cs.J��;EIZi] �Z►l 2. Removed from the Consent Calendar. • 3. ADOPT RESOLUTION NO. 97 -19 AWARDING SOLE SOURCE CONTRACTS FOR INSTALLATION OF AVIONIC Volume 51 - Page 135 Ord 97 -12 Live Entertainment (27) ABLE C -3011 (38) Res 97 -19 City Council Minutes Regular Meeting March 10, 1997 INDEX • INSTRUMENTATION (WESTERN AVIONICS) AND INFRARED SYSTEMS (WESCAM, INC.) ON HELICOPTERS OF THE AIRBORNE LAW ENFORCEMENT SERVICES AGENCY (ABLE CONTRACT NO. 3011) FOR THE JOINT HELICOPTER PROGRAM OPERATED BY COSTA MESA AND NEWPORT BEACH. 4. ADOPT RESOLUTION NO. 97 -20 AUTHORIZING THE GENERAL SERVICES DEPARTMENT TO PURCHASE A TEN - PASSENGER REPLACEMENT VAN FOR OASIS THROUGH THE STATE OF CALIFORNIA. CONTRACTS AND AGREEMENTS 5. RESUBDIVISION NO. 1024/617 -619 LIDO PARK DRIVE. Approve a subdivision agreement guaranteeing completion of the public improvements required with Resubdivision No. 1024, and authorize the Mayor and the City Clerk to execute the agreement. 6. Removed from the Consent Calendar. 7. STRUCTURAL ADA NOTICE OF COMPLETION (CONTRACT NO. 2948). Accept the work, and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. • 8. Removed from the Consent Calendar. MISCELLANEOUS ACTIONS 9. Removed from the Consent Calendar. 10. Removed from the Consent Calendar. 11. Removed from the Consent Calendar. 12. PLANNING COMMISSION AGENDA FOR MARCH 6, 1997 13. Removed from the Consent Calendar. 14. GENERAL PLAN AMENDMENT 97 -1 REQUEST TO INITIATE AN AMENDMENT TO THE NEWPORT BEACH GENERAL PLAN FOR AREAS WITHIN THE CITY'S SPHERE OF INFLUENCE. Sustain the action of the Planning Commission to initiate the amendment and direct staff to proceed with the preparation of any necessary environmental documents and set for public hearing before the Planning Commission to amend the Land Use and Recreation and Open Space Elements to incorporate changes to the Newport Coast Local Coastal Program as approved by the County of Orange and the California Coastal Commission and amend the Land Use and Recreation and Open Space Elements to add • the land use and development criteria for the Newport Ridge planning area. 15. Removed from the Consent Calendar. Volume 51 - Page 136 GS /Oasis Van (44) Res 97 -20 R,esubdivision 1024 (84) ADA Structural Alterations C -2948 (38) Planning (68) GPA 97 -1 (45) City Council Minutes Regular Meeting March 10, 1997 INDEX • 16. DISPOSAL OF SURPLUS FIRE TRUCK. Approve recommendation that City Vehicle 2423, a 1974 Mack Fire Engine, be sold to the City of Cabo San Lucas, Mexico for the sum of $5,000. 17. PARKS, BEACHES AND RECREATION COMMISSION VACANCY. Accept with regret resignation of Kenneth Bonner due to health reasons and direct City Clerk to advertise the vacancy pursuant to Council Policy A- 2. 18. PRIMA FACIE SPEED LIMITS (Requested by Council Member Thomson). Receive and file. 19. CABLE TV RATE REGULATION (Requested by Mayor Pro Tem Edwards). Receive and fide. 20. FPPC FILING FOR COMMISSIONERS. Forward recommendations to the City Council Legislative Committee for review and comment. MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (2, 6, 8, 9, 10, 11, 13, & 15). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None • Absent: None Abstain: None 27. DARE PROGRAM (Requested by Council Member Hedges). Mayor Debay announced that she received a Fax from Mrs. Jean Shenk, who expressed a desire to speak on the DARE Program, Item 27 under Current Business, and that she was handicapped by having to leave the Council meeting by 8:00 p.m., as well as a request by Police Chief McDonell to move this item up front, wherein motion to consider this item first by Council Member O'Neil carried by the following roll call vote: Ayes: O'Neil, Thomas, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None Police Chief McDonell stated that the Drug Abuse Resistance Education (DARE) curriculum has constantly been modified over the years, incorporating the most recent research to make it even more effective, and its advisory board is currently designing a national longitudinal study to be submitted to the National Institute on Drug Abuse. He advised that each • community has its own set of problems and factors which may affect whether or not there is a value to a program like DARE, as 16 or 17 weeks of curriculum on drug abuse resistance will not in itself lead to a wholesome Volume 51 - Page 137 GS /Surplus Fire Truck (41/44) PB & R Cmsn Vacancy (24) Trfc /Speed Limits (85) Cable TV Rate Regulation (42) FPPC Filing/ Commissioners (66) (Oral Report) City Council Minutes Regular Meeting March 10, 1997 INDEX • life absent the necessary support from homes, friends, relatives, the community, as well as the necessity to have even the basic essentials to live. One year of DARE doesn't provide a life time inoculation against drug use, and because of funding limitations on the local level, he feels to some extent the young people are being abandoned at a time (during their high school years) when they need the reinforcement learned in the DARE program in their early years in the 6th grade curriculum where it is now. He added that while it makes some sense to constantly modify and review the curriculum and update it, he doesn't think it makes sense to throw out a delivery system of that magnitude, and that you can't divorce the curriculum from the surrounding influences. As a local note, Chief McDonell advised that the Costa Mesa DARE officer had conducted their own recent studies, and the results from a group of graduating seniors from high schools after their first class of DARE showed that at least one -half of those students responding said that DARE strongly influenced their decision not to use drugs or alcohol during their subsequent school years. In the elementary grades the DARE program teaches a variety of lessons including the effects of drugs on the body and mind, consequences, change in beliefs about drug use, resistance techniques, the effects of peer pressures, using tools such as building self- esteem, learning to respond assertively, managing stress, reducing violence, resisting gang and group violence and about focusing on positive roll models. Another aspect is for the youths of this community to interact with officers of the police department in a non - enforcement environment in an effort to build some lasting relationships, and together build trust and honesty and to help them to be productive members of their • community. Council Member Hedges stated that he feels he was misunderstood in his request, as he was not looking for full justification /defense for the program. He simply wanted to know, based on the length of the program in Newport Beach (13 years), what the success of the program was in a quantifiable manner with respect to drug use rates for the DARE graduates. Chief McDonell answered that "no, we don't conduct any empirical studies ourselves, obviously we rely on some of the materials provided to us nationally." He added that where it comes closest to home is through the people that are affected by it and they are in the audience prepared to give their testimony. Mrs. Jean Shenk, 1815 Port Margate Place, 6th grade teacher at Anderson School, thanked the Council for the opportunity to share her views on a subject very near and dear to her heart, not just by saying no to drugs, but lessons that are taught by very qualified DARE officers that the teachers and parents will be able to apply to every aspect of the childrens' lives. Because of her involvement in DARE and the value she feels that it teaches the young people, she has "jumped in" and has been honored to teach at the California DARE Officers Convention for four years. She teaches how to integrate the DARE officers with the staff and to integrate the DARE program into the whole curriculum which is done at Anderson School. The • lessons taught through DARE are so critical to the children. Some of the topics are what the DARE program is doing beyond saying no to drugs and the critical task of not abandoning the program after the 6th grade, but Volume 51 - Page 138 City Council Minutes Regular Meeting March 10, 1997 INDEX • continuing it. She feels that this is a program that needs to be continued through the crucial junior high school years and on. As stated by Police Chief McDonell, Mrs. Shenk reiterated that through the DARE program the officers are able to teach the children how to have high self- esteem and different techniques to attain this; teaching life skills on how to deal with peer pressure; the importance of a good support system; and teaching drug awareness to the very naive children. She added that there is a DARE graduation at the end of the 17 weeks, and it is most impressive listening to the DARE essays. John Weber, 8th grade Health Science teacher at Horace Ensign Middle School, stated that he has been teaching for 26 years in the District where Officer Andy Halperin in the Newport Beach Police Department comes in for 10 days a semester teaching six classes a day (250 students per semester). Mr. Weber shared the ideals behind having an officer in uniform at the 7th and 8th grade levels, where the contents of the DARE program are looked at in terms of when these students are 13 -15 years old and the decisions and logical consequences, or the consequences as a lack of decision - making. Some of the consequences will be legal in nature, whether they be alcohol, drug related, human sexuality in terms of peer pressure, and all kinds of issues, basically exposing the children to different ways of how to be better and responsible citizens in the community. He added that it is a very positive experience to have a police officer in the DARE program as they are the number one public relations entity for 13.15 year olds. Mr. Weber read from a letter that was left unsigned on his desk by a student • who related that the presence of the DARE officer in the classroom has had a positive effect toward helping children to make the right decisions by telling teenagers the consequences of the things that people choose to do and by telling them how to say no, not only to drugs, but other things such as date rape, physical abuse, suicide, etc., and feels that the DARE program helps many adolescents make their lives better. Michael Digruccio, 127 43rd Street, stated that he was born and raised in Newport Beach and attended Newport Elementary, Ensign Intermediate and Newport Harbor High Schools; plays water polo and was elected team captain; received a scholarship award; and currently is in his third year as a biological sciences major. Through his own experience, his feeling is that the teammates using alcohol and drugs by partying before games compromises the performance of the team as a whole, and thus influences their lives where the abuse continues. He feels that the DARE program is tangible to the children in their high school years to reach out and possibly gain a sense of courage to be able to make decisions whether or not to use alcohol, drugs and to possibly realize the consequences of their actions at an age where they may feel invincible. Mayor Debay introduced the DARE officer for Newport Beach, Officer Tom Monarch. He thanked the prior speakers for their input and praise, and stated that he feels that the measurement of the program is by calls of thanks they receive from the parents in situations when the children are • counseled by the DARE officer not to get into a car when approached by someone who tells them that their parents had sent them to pick them up. He added that it is this kind of reward that is meaningful and speaks for Volume 51 - Page 139 E • • City Council Minutes Regular Meeting March 10, 1997 INDEX the DARE program as well. In response to Council for criteria to measure the effect of the program, Officer Monarch stated that DARE America has addressed this issue because of the need for a longitudinal study. In response to resources available in the city, Officer Monarch advised that most of the Newport Beach public service announcements are through the decals, stickers and books for the children, and stated that there is a DARE America tax write - off to raise money for public service announcements. Officer Monarch agreed to get a copy of the curriculum and lesson plans for Council Member Hedges' review. Lynne Bloomberg, 710 Kings Road, the Drug, Alcohol and Tobacco Coordinator for Newport -Mesa School District reported that their DARE program is much loved by their community and the DARE officers are elevated to "sainthood." She said that much has been written about the DARE program and its popularity, success and failure rate, and she has these articles in her office as well as the studies. She examines very carefully as to how taxpayers' money is being spent and what brings the most benefit to the children. In 1991 Newport -Mesa School District, along with every school district in Orange County conducted a survey on drugs, alcohol and tobacco with UCI. At that time, Newport -Mesa was the lowest in drug use in over 13 years, but she is sad to say that those statistics are changing. The one consistent curriculum of delivery that they have and count on is the DARE program. Newport -Mesa will be doing a survey again this year, but they are very expensive. She believes that the DARE program is ideal, and they have the program in the 6th grade and again in the 8th grade, and would love to have it in high school as this is the most successful way that the DARE program can be presented. She encouraged a look at the DARE program toward enhancing it. She offered to meet with Council Member Hedges and share the data she has collected over the past few years. In response to questions, she stated that attending the program is part of the regular class curriculum without permission from the parents to attend. The participants were thanked and their oral reports received; no action was taken. I_TEMS REMOVED FROM THE CONSENT CALENDAR 2. Following clarification on the fees for Operator ($380) and Technician ($300), RESOLUTION NO. 97 -18 WAS ADOPTED AMENDING THE CITY'S FEE SCHEDULE FOR MASSAGE. Motion by Mayor Pro Tern Edwards carried by the following roll call vote: 6. Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None Massage Fee Schedule (27/40) Res 97 -18 AGREEMENT WITH METRICOM, INC. TO INSTALL EQUIPMENT I Metricom, Inc, C -3135 (38) Volume 51 - Page 140 City Council Minutes Regular Meeting March 10, 1887 INDEX • THROUGHOUT THE CITY FOR THE COMPANY'S WIRELESS MODEM SERVICE. Council Member Glover said she removed this item from the Consent Calendar and asked if there is any way that staff can look at other areas in the country that may be more advanced than Newport Beach to see what can be done to alleviate the high tech visual blight attendant with the present technology. City Manager Murphy advised that staff will look at how various cities have addressed the visual issue, stating that Newport Beach is very affluent and technologically sophisticated within the community with home computer users and disks, and given this fact, there will probably be a lot of people using their homes as offices. Mayor Debay called for a motion, wherein Council Member Glover moved the action with an amendment by Council Member to include under paragraph 5, an item "(d) bona fide requests from competitors or other businesses for same or similar installations on City of Newport Beach street light poles which, in the opinion of the City of Newport Beach, would result in visual blight or other adverse public effects," which was accepted by the maker of the motion. Mayor Debay opened the public testimony, wherein Marie Luna, representing Metricom, addressed the Council stating that they have no • problem with the added condition. She clarified the issues raised by Council Member Glover, advising that Metricom's technology has been in development since the late 70's, which was originally utilized by the Federal Government and they bought the patent. They developed an industrial application primarily utilized by utility, petroleum, and water distribution companies for the purpose of reading meters with telemetry telling pumps when to turn on and off. In the late SO's Metricom developed this same service for commercial purposes and this is called "ricochet" which allows access to the internet for communication through special wireless modems purchased by service subscribers. They have received approvals and executed agreements in over 130 jurisdictions nation wide. When Metricom first developed this commercial service they did a study of the demographics throughout the country and started in the Seattle area, given that this is where the greatest computer usage appears to be, and as of today in the Southern California area they have received over 40 approvals. Their service is completely operational throughout the San Francisco Bay area and places that are concerned with street stapes and the aesthetics. Also, they are located in over 10 university campuses and have started to talk to UCI, Chapman College, and Cal State Fullerton. In the Silicon Valley Metricom is located in over 200 K•12 schools, which allows usage of laptop computers whereby modems are wheeled from classroom to classroom to teach live via the internet, and they see this as a real community benefit. The motion arried by the following roll call vote: . Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Volume 51 - Page 141 City Council Minutes Regular Meeting March 10, 1997 INDEX • Noes: None Absent: None Abstain: None S. WASTE DISPOSAL AGREEMENT. Motion by Council Member O'Neil to approve the agreement with the County of Orange effective July 1, 1997, subject to review by the City Attorney for any typographical errors, other minor corrections that may need to be made that does not change the intent, purpose or substantive provisions of the agreement, and authorize the Mayor and City Clerk to execute the agreement, carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None 9. FREEWAY SIGNAGE FOR NEWPORT BEACH (Requested by Council Member Edwards). City Manager Murphy stated that in discussions with Caltrans, the city has asked them to place along side the freeway, signs that would indicate Newport Beach next four exits, and a sign erected which would be based on • prior Council action that designates Newport Center as a community. Public Works/Utilities Director Don Webb advised that the city has been successful in getting a sign on 405, prior to Route 73 that will say Newport Beach use 73 South. This will be a ground mounted sign that will be on the right hand side of the road directly between Fairview and Harbor Boulevard. The city has been successful in having signs installed at the city limits of Newport Beach that say Newport Beach next four exits and going down the 73 towards Newport Beach there is a new sign that was paid for by The Irvine Company that currently says MacArthur Boulevard, Newport Center next exit. The city will be able to get Corona del Mar added to that when a resolution is adopted designating that as a geographical area. He feels there is still a possibility of adding some additional language to at least two or three other signs, maybe an overhead sign in advance of MacArthur Boulevard. In response to Council inquiry, Mr. Webb confirmed that Caltrans has informed him that Corona del Mar will be on at least one of the signs which will be mounted in the median, prior to MacArthur Boulevard. Motion by Mayor Pro Tem Edwards to refer this to the Legislative Committee and the Economic Development Committee for further study and follow up, carried by the following roll call vote: • Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Volume 51 - Page 142 range County /CNB aste Disposal greement —3136 (38) 'rfc /Freeway >ignage (85) City Council Minutes Regular Meeting March 10, 1997 INDEX Volume 51 - Page 143 Absent: None • Abstain: None 10. JAMBOREE ROADBISON AVENUE INTERSECTION (Requested by Jamboree Rd/Bison Council Member Edwards). Ave Intersection Trfc Signal Mayor Pro Tem Edwards wanted to make certain that people in the (8 5 ) Eastbluff area are aware of what is potentially transpiring, and therefore made a motion to direct staff to prepare plans and solicit competitive bids to modify the traffic signal at the intersection of Jamboree Road and Bison Avenue. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None 11. APPEAL OF DECISION TO CLOSE ABANDONED CURB CUT AT Curb Cut Appeal/ 1400 WEST OCEAN FRONT. 1400 WQf (65) Public Works/Utilities Director Webb advised that this is on 14th Street at Ocean Front by Newport Elementary School, and at that location there is a nonstandard drive curb cut that takes up approximately one -third of the sidewalk with net area, which is adjacent to a fence with a four foot gate • and no apparent driveway access onto the side. The city ordinances require that when this is brought to the attention of staff the property owner is notified by letter that the curb cut be closed. Mr. Webb added that staff has not received any significant support as to why it should remain open and it is staffs recommendation that it does not serve as a driveway but is currently being used as a private parking space and not appropriate use of the public right -of -way at this location. Eric Schoonover, appellant, explained that they have allowed the public to park there and that it is the only ramp access from the boardwalk on that part of the street and bicyclists and rollerbladers do use that part of the driveway to avoid the blind intersection that they would encounter if they were to continue to the alley. He asked for approval to preserve the driveway for possible use as a parking space. Motion by Council Member Hedges to uphold the staff decision that the curb cut at 1400 West Ocean Front has been abandoned and should be closed and that the property owner is to pay for the abandonment and closure, carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None • Abstain: None 13. HOLISTIC HEALTH PRACTITIONER DENIAL FOR ANDREA Holistic Health Appeal /Daniels (27) Volume 51 - Page 143 City Council Minutes Regular Meeting March 10, 1997 INDEX • DANIELS. Jonathan Golden, Attorney for Andrea Daniels, responded that his client has not been treated fairly, and for the Police Department to ask that she forfeit the $342 fee and reapply for the application at a higher fee is unreasonable. Motion by Council Member O'Neil to accept, approve and adopt the determination of the hearing officer as final and to refund the fee. In response to Council Member Hedges, City Attorney Burnham advised that the applicant satisfied the requirements, but not on a timely basis.. His recommendation is to refund the fee in this particular case as a way to deal with some of the concerns expressed by the applicant and Mr. Golden. This would also allow the applicant without prejudice to submit a new application and use the fee and be processed under the current ordinance. Council Member O'Neil stated that he would like to withdraw from his motion the refund of the application fee and restated his motion. Motion by Council Member O'Neil to accept, approve and adopt the determination of the hearing officer as final. In response to Council, City Attorney Burnham advised that the ordinance at the time required the Police Department to make a decision on the application within 45 days from the date of submittal. However, if the • Police Department believed it needed additional time to complete its investigation, it could take up to an additional 30 days to complete the investigation, if there was some complexity in the background check and information not received from another agency, the department had that additional grace period. During that period of time the department was criticized by various people for taking that additional period of time when necessary, so the department tried to act within the 45 days that it was generally given to make the decision, and in this particular case the department, knowing the applicant had not satisfied the requirements of the ordinance, felt there was no need to take any additional time. Mr. Golden stated that it is his position that when an ordinance gives the Police Department an additional 30 days if they want to use it then they should be evenhanded and give the applicant the benefit of this also. He added that the Council rather suddenly amended the Holistic Health Practitioner Ordinance in August or September and his client had very little notice that the amendment was going to take place. Therefore, she applied for the permit, and had to pass the test in a hurry. As she was not able to pass the test within the 45 day period the problem lies here. She passed the test in 55 days wherein the Police Department rigidly enforced the 45 day initial period and did not give her the benefit of a 30 day extension, even though it's within their power to do it. Substitute motion by Mayor Debay to approve the recommended action to • accept, approve and adopt the determination of the hearing officer as final and deny administrative appeal, but that the applicant receive the refund and be allowed to start from the very beginning. Volume 51 - Page 144 City Council Minutes Regular Meeting March 10, 1997 INDEX • Captain Jacobs concurred, stating that the whole basic issue before the Council is that the applicant applied three days prior to the expiration of the old ordinance so that she would come under the more lenient conditions. However, she did not comply with the requirements of the old ordinance within the 45 day period but 42 days after the new ordinance went into effect, and this was the basis for the denial. Council Member Glover stated that she would not be supporting the substitute motion, as she believes that the city has acted in a fair manner. Mayor Pro Tem Edwards stated that he was not going to support either motion, as he feels that as a point of law, this should be returned back to the hearing officer with the new facts to see whether or not the applicant should be granted a new application as presented assuming all things were in order. Substitute motion by Council Member Hedges that the Council accept and approve the determination of the hearing officer as final and that the applicant be allowed to apply without prejudice with fees waived under the present ordinance. Following discussion and further clarification, Council Member Hedges stated that his reason for his motion is that he does not want the city to be put into the position of refunding fees for applications made and • subsequently denied. The substitute motion made by Council Member Hedges carried by the following roll call vote: Ayes O'Neil, Hedges, Glover and Mayor Debay Noes: Thomson, Noyes and Edwards Absent: None Abstain: None 15. COYOTE CONTROL (Requested by Council Member Thomson). Council Member Thomson stated that the coyote problem is an educational matter, and made a motion that this issue be directed to the Environmental Quality Affairs Citizens Advisory Committee to make recommendations to disseminate information to the homeowners•' associations located in proximity to open space (which typically experience coyote problems), in an effort to provide educational material and offer whatever assistance possible with specific coyote related problems. Judy Ware, 1627 Harbor Crest Circle, Corona del Mar, said that she was here on behalf of the Environmental Quality Affairs Committee as the Chair, and at last week's meeting they discussed the coyote issue and the related effect on the citizens. She advised that the Environmental Quality . Affairs Committee will be working in a joint effort with the Newport Beach Police Department to provide educational information and tips to the residents to deal with the problems. The Committee has been working with Volume 61 - Page 145 Animal Control/ Coyote Control (70) City Council Minutes Regular Meeting March 10, 1997 INDEX • the Department of Fish and Game and they are available to assist in whatever way they can, and she suggested that residents contact the staff liaison, Mike Pisani, Deputy Director, General Services Department. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None PUBLIC COMMENTS Steve Stafford, 3250 Broad Street, addressed the Council, stating that he and his neighbors were caught by surprise by the fact that Zubies will be going in where the Le Barritz Restaurant was. He would like to have answers to his questions about: 1) the opening on Westminster Avenue across the street, as the area has been a racetrack for some time; 2) the area across the street from the Mesa Motel is the scene of a lot of problems because of the type of people frequenting here is not a good mix; and 3) the Planning Department states there will be no impact on the neighbors. He does not believe this, and would question this. Also, the second floor has a ballroom which will be used a lot more for parties and that will have a definite impact on the residents. He feels that none of the above issues • have been addressed, including the fact that the first notice the residents had was by the posting of the ABC about the intent to change ownership and permit. City Manager Murphy advised that he would be happy to talk to Mr. Stafford, and explained that in certain incidents the city's code requires notices and public hearings, and there are other incidents where there is a prior use and noticing is not required. PUBLIC HEARINGS 21. VACATION AND ABANDONMENT OF AN EASEMENT FOR SEWER PURPOSES ADJACENT TO SAINT JAMES ROAD IN CLIFFHAVEN CROSSING LOTS 5, 6, 7, 8, 9, 10, 11 AND A PORTION OF LOT 12 OF TRACT NO. 1025 AND AN EASEMENT FOR STORM DRAIN PURPOSES ALONG THE EASTERLY BOUNDARY OF LOT 9 OF TRACT NO. 1025. Public WorksfUtilities Director Webb advised that this is a situation where the city has done some work to relocate a sewer from behind properties on private property out into the street. The owners have connected to that new sewer, and the city no longer needs the server easement at the rear of the properties, therefore they are recommending that the easement be abandoned. • Mayor Debay opened the public testimony, and hearing no one wishing to come forward on this issue, closed the public hearing. Volume 51 - Page 146 Vacation & Abandonment Sewer Esm Adj. to St. James Rd/ Cliffhaven Tr 1025 (90) City Council Minutes Regular Meeting March 10, 1997 INDEX • Motion by Council Member O'Neil to adopt Resolution No. 97.21 ordering the vacation and abandonment of a portion of an eadsting sewer easement and storm drain easement, and to direct the City Clerk to have the resolution recorded by the Orange County Recorder, carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None 22. ZONING CODE UPDATE (Continued from 2/10/97). A comprehensive update of Title 20 (the Zoning Code) of the City of Newport Beach Municipal Code to provide updated formatting, terminology, land use classifications, land use and property development regulations, and administrative procedures. The proposal includes related amendments to the Districting Maps. This item includes revisions to the proposed Zoning Code and Districting Maps which were drafted subsequent to the public hearing on January 27, 1997. Approval of these subsequent revisions will require reintroduction of the ordinances approving the proposed amendments. Assistant City Manager Sharon Wood advised that this ordinance was introduced by the City Council on January 27 and at the public hearing of • February 10, 1997 it was continued to allow for some additional public discussion. Staff is bringing it back to Council after that discussion with some changes for consideration. First is an addendum and errata sheet which responds to City Council comments and concerns to provide consistency with the recently adopted fee ordinance and also to address some concerns that have been raised by members of homeowners associations. Additionally are recommendations by Council Member Noyes which would include the elimination of Bed and Breakfast Inns as a use allowed with a use permit in the R1.5 zoning district, and also to change the review procedure for limited take- out service food establishments. As originally proposed those were to be permitted, and Council Member Noyes is recommending the requirement of a use permit issued by the Planning Director. Finally, there is a supplemental report from staff in response to a citizen concern to provide notice of decisions be sent to surrounding property owners. On this, she would like to suggest one small language change, "upon the Planning Director rendering a decision on a use permit, a notice of the decision shall be mailed to the applicant and all owners of property within 300 feet of the site." If the City Council wishes to include any of those changes this would require that the ordinance be reintroduced at this time, and the motion should make reference to the specific changes. Mayor Pro Tem Edwards opened the public hearing and invited public testimony. • Tom Hyans, President of the Central Newport Beach Community Association, commented that there are still some concerns about the preemptive authority allowed the Planning Director and the preliminary process for notification and Volume 51 - Page 147 Zoning Code Update (45/94) City Council Minutes Regular Meeting March 10, 1997 INDEX • the subsequent appeals; however no changes have been made, although comments have been made. He would like the Council to consider limiting the location of the Bed and Breakfast facilities to buffer property kicated between any residential use and adjacent commercial or public uses, rather than the 1.5 zoning, as the only place with 1.5 zoning is on Balboa Island. He stated that the Council should be aware that there are as many as 15 drug and alcohol rehabilitation facilities on the Peninsula that are not regulated nor licensed by the city. To his knowledge, there have been no complaints in recent years, but nevertheless, he stated that they are leaking at those kinds of activities, ie., public uses in residential neighborhoods. He added that one other item is considering limiting the size of nameplates for home occupations to one square foot or less, rather than two square foot which is stipulated in the current document. Robert Calkins, 124 Crystal Avenue, Balboa Island, proposed a six-month delay in the adoption of the proposed zoning code. He feels that there has been minimal awareness by the public in general, and that staff seems to feel a pressure to hurry to get the proposed code adopted in its present form and make revisions at a later date. In addition, he stated that the limited review already done by the public has already resulted in well over 100 recommendations, and a more comprehensive review by a wider spectrum of the public will undoubtedly result in many times that number of recommendations. If the proposed code is adopted at this time, there will be many changes required in the relatively near future, and each change will involve planning commission and city council public hearings and approvals, whereas the fine - tuning that O can occur during a six-month period will allow changes and improvements to be made in a single more efficient action. He is optimistic that the additional time, coupled with a strong effort by the city to solicit and receive input from the public including business associations, homeowners associations, professional associations and interested citizens will result in what will become a quality and workable document. Marilyn Moore, #30 Abeto, property owner 721 Fernleaf, Corona del Mar, believes that the Council should vote tonight to require a use permit for all take- out service limited establishments and for all food serving establishments, as the situation she has been involved in lately illustrates how important this issue is. She felt that the affected property owners were not given prior notification regarding the specialty food and outdoor dining permit issued to an Asian bistro to be located at 2600 E. Coast Highway. In spite of the fact that a new permit had to be issued the Asian bistro is still remodeling. She feels that if a permit is to run with the land, then affected property owners must be given equal due process as is the applicant. In recent meetings, city staff had not disclosed the fact that this very issue was going to a vote by the City Council tonight. She feels that the permit to be issued to the Asian bistro should be applied under the new city code based on application date, and not issuance date. Hearing no further response from the public, Mayor Debay closed the public hearing. Q Motion by Council Member Hedges to reintroduce the following ordinances and pass to second reading and adoption on March 24, 1997, with recommendation that professional signage on home occupation businesses be prohibited; the Volume 51 - Page 148 City Council Minutes Regular Meeting March 10, 1997 INDEX v changes recommended by the Assistant City Manager to include the elimination of Bed and Breakfast Inns as a use allowed with a use permit in the R -1.5 Zoning District; and also to change the review procedure for limited takeout service food establishments to require a use permit issued by the Planning Director, with a language change regarding notice of decisions be provided to surrounding property owners, "upon the Planning Director rendering a decision on a use permit a notice of the decision shall be mailed to the applicant and all owners of property within 300 feet of the site." REINTRODUCTION OF ORDINANCE NO. 97 -9, APPROVING AN AMENDMENT TO TITLE 20 OF THE NBMC TO CONDUCT A COMPREHENSIVE UPDATE OF THE ZONING CODE; G`�!7 REINTRODUCTION OF ORDINANCE NO. 97 -10, APPROVING AN AMENDMENT TO DISTRICTING MAPS NOS. 13, 9-11, 13, 15 -18, 2130, 32, 36-45, 48-50, 52- 54, 60-61 AND 6435 TO RECLASSIFY SPECIFIC PARCELS CITY-WIDE WITH CURRENT ZONES OF R3, R-4, A -P, C-N, C-0, C -1, C -2, U AND WITH THE "H" AND "Z" COMBINING DISTRICTS TO R -1, R -2, MFR, RSC, RMC, APF, M -1 -A, GEIF, PC AND OS-A IN ORDER TO • CREATE CONSISTENCY BETWEEN THE DISTRICTING MAPS, THE UPDATED ZONING CODE, AND THE GENERAL PLAN LAND USE ELEMENT AMENDMENTS APPROVED ON OCTOBER 24, 1988 (PLANNING COMMISSION AMENDMENT NO. 846). The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None 23. BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL FOR 1997 -1998 FISCAL YEAR. Mayor Debay opened the public hearing, and finding no one wishing to address this issue, the hearing was declared closed. City Manager Murphy advised that the city has received no written protests. Motion by Mayor Pro Tem Edwards to adopt Resolution No. 97.22 • confirming the Balboa Village Business Improvement District Annual Report and levying the BID assessment for the 1997 -1998 fiscal year at the same level as the prior year. The motion carried by the following roll Volume 51 - Page 149 Balboa Village BID Annual Renewal (27) Res 97 -22 City Council Minutes Regular Meeting March 10, 1997 INDEX • call vote: Ayes: Noes: Absent: Abstain: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay None None None CONTINUED BUSINESS 24. 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) (contd. from 12/9/96,1/13/97,1/27/97, 2/10/97 & 2/24/97). Confirmed the appointments and continuances as follows: Bicycle Trails Citizens Advisory Committee (District 1) Council Member Hedges' remaining appointment continued indefinitely (refer to Minutes of 2/24/97). (District 7) Council Member Thomson's appointment of Jack Hochadel; the remaining appointment continued to a future date. • Environmental Quality Affairs Citizens Advisory Committee (District 4) Mayor Pro Tem Edwards' appointment of Kelly Sylvester. 25. APPEAL BY BLACKIES BY THE SEA. Police Chief McDonell reported that prior to the recent amendment of Council Policy K -7, it allowed the Chief of Police to decide if a Certificate of Public Convenience and Necessity was appropriate given the circumstances. In light of the expressed concerns of the Council regarding alcohol in certain areas, he felt that it was appropriate to deny the certificate and bring it to the City Council to decide in terms of the land use issues involved whether it would be in the community's best interest to grant the appeal. In response to Council inquiry, Police Chief McDonell affirmed that the application was made prior to the change in Council Policy K -7. Motion by Council Member Hedges to grant the appeal of Blackies by the Sea and direct the Chief of Police to issue a Letter of Public Convenience or Necessity to the Department of Alcoholic Beverage Control (ABC) subject to the following conditions: the applicant agrees that acquiring an Alcohol • License for the business is a change in operational characteristics pursuant to NBMC 20.72.010(8) specifying the need for a use permit and the use permit conditioned to memorialize the present operation; specifically that Volume 51 - Page 150 CAC (24) Blackie,s' Appeal (70) City Council Minutes Regular Meeting March 10, 1997 INDEX • the establishment shall close at 11 p.m. on weekdays and at 12 Midnight on Fridays and Saturdays; no live entertainment; no dancing; no noise audible beyond the premises; no additional video games or pool tables; no increase in the public net area of the premises and that the plan conforms substantially to the 30th Street architect's plan dated January 23, 1996; also that the City Council waive the fees for the application for the use permit, and that the Planning Commission calendar an expedited notice and hearing for the use permit. Charles Frei, owner, Blackies By the Sea, agreed with the foregoing conditions. The motion carried with the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes and Mayor Debay Noes: None Absent: None Abstain: None 26. 311 IMPLEMENTATION (Requested by Council Member Hedges). Police Chief McDonell advised that 311 is proposed to take the load off the 911 System for non - emergency requests for police services. About a month ago the FCC announced that it was making the 311 number available to law • enforcement nation -wide for that purpose and they have had a pilot project in place in Baltimore since last October. So far that pilot project has been favorable and reduced the 911 calls by about one - third. Newport Beach has been in touch with the state 911 program about expanding into the 311 concept, and according to one of their communications analysts it is technically possible, obviously for the phone companies to do it; however, it has not been done yet in California. Both the Cities of San Jose and San Francisco are actively researching the concept and GTE, which is already a 911 provider, has proposed a control test of the 311 system in Santa Barbara, although no definitive dates have been set as yet. Nobody has been able to approximate the costs involved for implementation of the 311 System, although the state 911 program is considering funding that test on a very limited basis to determine the positive impacts on 911. Police Chief McDonell stated that there is a cost involved in the implementation and according to the analyst he doesn't believe that the 911 program as currently funded has the ability to do it outside of a small test and study. The local provider, the GTE Corporation, said that they were currently working on a proposed plan to use the current 911 infrastructure and have contracted with a software house, Lucent Technology, to write software to handle it to their selective router. Functionally it would operate in the same manner as the 911 system; however, the software is about three to four months away with another two to three months of testing that would go on before the system would be available for implementation, possibly by • the end of 1997. Also, PacBell is proposing to build a new infrastructure using the local 800 number, a concept that is used in businesses. There is a proposal in the U.S. Senate to allocate an annual sum of about $10 million Volume 51 - Page 151 (Oral Report) City Council Minutes Regular Meeting March 10, 1997 INDEX •to help implement the 311 system, but he doesn't think that number is going to meet the test in terms of all the total costs nation -wide. From his prospective, he thinks its a good concept and a positive step although to be really truly effective, it should be done at least on a county -wide basis, if not a state -wide basis. He thinks a well publicized 311 system would avoid that obstacle and the appropriate compliance with the 911 system. It also would, no doubt, encourage reporting of incidents which don't rise to the level of emergencies, but do affect the quality of life and community of life (vandalism, graffiti, etc.) . A county -wide 311 system would benefit county residents as well as those that work in this county. Police Chief McDonell added that some possible action that the City Council might consider to move the issue towards implementation might be to encourage the League of Cities in Orange County to endorse the concept county -wide and perhaps even look for a local legislator to carry that torch to Sacramento and with some legislation to expand the state's 911 program to implement 311 state -wide with sufficient funding. He thinks that the need for either county -wide or state -wide involvement is pretty obvious, based on the affect of the 911 system and the implications to all of the residents that are affected. On a local level, depending on the Council's desire, he will continue to try and press the phone companies as they become more familiar with the technologies and the issues to identify the city's costs, should there be a desire to do it here locally. According to GTE it is possible to do the implementation on just a local level; however, it would require some heavy advertising locally working with the Visitors and • Convention Bureau in order to transition the people to that number. He has also expressed the city's willingness to GTE to discuss the possibility of using the City of Newport Beach as a test site should Santa Barbara fall through and GTE wants to do a second test. Motion by Council Member Hedges to receive the oral report and direct city staff to encourage the Orange County League of Cities to endorse the concept County -wide and report back to the City Council on the costs to implement the concept at a local level in the absence of County or State involvement. Council Member Thomson said that he will not be supporting the motion, as he feels that the money can be better spent on educating the people and that creating more numbers and infrastructure is not the way to go. He also feels that the Police Department telephone number for non- emergency calls is sufficient, and that the phone company is passing off the costs to support the 911 system and the proposed 311 system. The motion carried by the following call vote: Ayes: O'Neil, Hedges, Noyes and Mayor Debay Noes: Thomson, Edwards and Glover Absent: None Abstain: None • 27. DARE PROGRAM (Requested by Council Member Hedges). Volume 51 - Page 152 City Council Minutes Regular Meeting March 10, 1997 INDEX • (Item moved and discussed at beginning of the meeting) 28. STAFF ATTENDANCE ON CITY COUNCIL MEETING DAYS (Requested by Council Member Glover). City Manager Murphy advised that it is normally his practice to be available on the day of the council meeting, and suggested that the staff can be paged if necessary. Council Member Glover said her concern is that staff should be available on the day of the council meeting, not only for the benefit of the Council, but for the public as well. She feels that it is very appropriate that staff members be available on that day, as to her, it is of the utmost importance that staff members be prepared for City Council meetings and prepared to answer questions prior to and during the City Council meetings, as the whole essence of what the City Council does is the open meetings. She suggested that in the absence of the head of a department on a council meeting day, they designate someone who would be informed. 29. HOUSING MIX- MFR/SFR (Requested by Council Member Glover); AND 30. COLONY APARTMENTS SETBACKS (Request by Council Member Glover). • (Items 29 and 30 were combined into one presentation) Patty Temple, Planning Director, distributed a brief handout indicating that the small chart contains large project rental housing stocks split in the City of Newport Beach. She advised that Newport Beach historically has had a very high "rental occupancy. Over the past three U.S. Census Reports, the rental occupancy has been relatively stable at approximately 45% of the city's total housing stock. This is due in large measure to the high number of rentals in the older beach communities combined with the fact that there are a lot of rental occupancies in the city's R -1 residential neighborhoods. With regard to Council Member Glover's question, Ms. Temple advised that the fact that there are two rather large scale rental projects coming online this year, the Colony Apartments and Baypointe, the statistics show that additional rental occupancy in large projects affects the overall housing stock in the city, and she referenced the chart she handed out to the Council of the rental projects in excess of the 15 dwelling units, adding that the city surveys these for the annual rental vacancy rate. The addition of these two large projects will increase the percentage in these large rental projects by 1% of the total housing stock, from 17.3% to 18.2 %. Council Member Glover said that from the data collected, most people would . be shocked to find out that 45% of the city's housing stock is rental, as in her opinion, there is the feeling that the city is predominantly a family - owned residential community vs. being very urbanized. Volume 51 - Page 153 (Oral Report) (Oral Reports) City Council Minutes Regular Meeting March 10, 1997 INDEX • In response to Mayor Debay, Ms. Temple advised that rental housing does tend to be more affordable than ownership housing on a monthly cost basis, and added that a high level of rental occupancy did, in fact, help the city in the housing litigation many years ago. With regard to the Colony Apartments setbacks, Ms. Temple advised that this is a project located at 875 San Clemente Drive in Newport Center at the corner of San Clemente and Santa Barbara Avenues, containing 245 dwelling units and is approximately 49 feet in height to the midpoint and 53 feet in height to the highest point of the roofs of the two buildings involved in the project. The project has been developed under the Planned Community Regulations for Block 800 Newport Center. This is one of the older planned communities in Newport Center and was originally adopted in 1979 envisioned for residential, but over many years was always considered to be a high density, urban type of residential product and there never has been any setback requirements in that particular planned community for either residential or commercial development. In fact, the lack of setbacks in Newport Center is quite common area-wide for both commercial and residential developments. This particular project does have setbacks from the surrounding streets in the following dimensions: from San Clemente Drive Building 1 sets back 24 feet 9 inches and Building 2, 27 feet 10 inches; and from Santa Barbara Drive, Building 2 sets back 17 feet 2 inches. Ms. Temple added that these are setbacks which will largely be for landscaping improvements, but given the mass and bulk of the building • itself there is a great deal of impact on the surrounding area prior to the installation of landscaping. With respect to the landscape plan which has been prepared by the developer, one thing of note is that in that landscaping plan the developer is proposing to install 156 trees, a minimum 24 inch box size or greater, which is quite a number of trees in addition to shrubs and ground cover landscaping, which should soften the impact of the building. • Council Member Glover feels that visually the height and bulk of the building urbanizes that area, and unfortunately it deters from the looks of Newport Center. She said that this should be a learning experience as in the future, the city needs to really be more cognizant of such situations. MOTION FOR RECONSIDERATION - None ADJOURNMENT Meeting adjourned at 10:00 p.m., in memory of Sara Brant, who passed away on February 24, 1997, owner of the Children's Book Shoppe in Newport Beach and a long -time teacher in both the Newport Beach -Mesa and La Canada Unified School Districts. Volume 51 - Page 154 • • City Council Minutes Regular Meeting March 10, 1997 INDEX •raawww,aasra,a • eeee,re The agenda for the Regular meeting was posted on March 6, 1997 at 4:36 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary M yor Volume 51 - Page 166