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HomeMy WebLinkAbout07/28/1997 - Regular Meeting0 CITY OF NEWPORT BEACH \ City Council Minutes Regular Meeting July 28, 1997 - 7:00 p.m. - See separate minutes. CLOSED SESSION - following Public Facilities Corporation Annual Meeting CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR, MEETING ROLL CALL - Edwards excused. Pledge of Allegiance - Council Member Thomson. Presentation of check in the amount of $76,000 from the Friends of the Library. Adele Mann, Past President of the Friends, explained the intended use of the donation, requested donations of books, and announced • that the next book sale will be on August 9, 1997 from 9:00 a.m. - 5:00 p.m. in the Community Room at the main library. Invocation by David Farrell, High Priest, Church of Jesus Christ Latter. Day Saints. Motion by Council Member O'Neil to waive reading of the minutes of the Regular Meeting of July 14, 1997, approve as written and order filed; and waive reading of the ordinances and resolutions under consideration and directed the City Clerk to read by titles only. Without objection, the motion carried by acclamation. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Hedges. requested that the City Council consider where neighborhood enhancement reserves are established, or possibly business improvement districts, that the liquidated damages be transferred to those entities for the improvement and enhancement of those areas that have been adversely affected by the late work that caused the liquidated damages. CONSENT CALENDAR ORDINANCE FOR INTRODUCTION • 1. INTRODUCE ORDINANCE NO. 97 -29 APPROVING AN AMENDMENT TO THE NEWPORT PLACE PLANNED COMMUNITY Volume 51 - Page 353 ri Ord 97 -29 Zoning City of Newport Beach City Council Minutes July 28, 1997 • DISTRICT REGULATION TO REDESIGNATE 'RETAIL INDEX PCA 861 COMMERCIAL Site P (MACARTHUR SQUARE) TO "GENERAL (94) COMMERCIAL SITE No. 6" AND TO ADD INSTITUTIONAL, INSTRUCTIONAL AND EDUCATIONAL USES TO THE LIST OF PERMITTED USES SUBJECT TO APPROVAL OF A USE PERMIT. (Planning Commission Amendment No. 861.) Ayes: O Neil, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: Edwards Abstain: Thomson 2. INTRODUCE ORDINANCE NO. 97 -30, AMENDMENT TO Ord 97 -30 MUNICIPAL CODE REGARDING ALLOCATION OF REVENUE Finance/ FROM ON- STREET PARKING METERS AND ESTABLISHMENT OF Parking BALBOA PENINSULA NEIGHBORHOOD ENHANCEMENT AREA. (40/85) ORDINANCES FOR ADOPTION 3. Removed from the Consent Calendar by Council Member Noyes. 4. ADOPT ORDINANCE NO. 97 -27 ADDING SECTIONS 6.04 ADDING Ord 97 -27 SECTIONS 6.04.045 AND 6.04.191 TO CHAPTER 6.04 OF THE Garbage/ • NEWPORT BEACH MUNICIPAL CODE, PROHIBITING THE COMMERCIAL USE OF PUBLIC REFUSE CONTAINERS. Refuse (44) _ 5. ADOPT ORDINANCE NO. 97 -28 REVISING PREFERENTIAL Ord 97 -28 PARKING ZONE "2" - NEWPORT HEIGHTS AND CLIFF HAVEN AND Parking RESCINDING ORDINANCE NO. 96-32. (85) RESOLUTIONS FOR ADOPTION 6. ADOPT RESOLUTION NO. 97.63 REQUIRING VEHICLES Res 97 -63 TRAVELING ON BAYVIEW DRIVE TO STOP AT GOLDENROD Vehicles AVENUE (2 -way stop). (85) 7. Removed from the Consent Calendar by Council Member Glover. S. ADOPT RESOLUTION OF INTENT NO. 97 -65 INITIATING AN Res 97 -65 AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH Zoning MUNICIPAL CODE PERTAINING TO BUSINESS HOURS IN MIXED (94) USE ZONING DISTRICTS FROM BEING OPEN FOR BUSINESS BETWEEN THE HOURS OF 2:00 A.M. AND 5:00 A.M. (Request of Council Member Hedges.) CONTRACTS AND AGREEMENTS 9. COMPLETION AND ACCEPTANCE OF WEST NEWPORT SEWER W Newport MAIN REPLACEMENT PROJECT - CONTRACT NO. 3111. 1. Accept Sewer Main the work; 2. Authorize the City Clerk to file a. Notice of Completion; 3. ® Replacement Authorize the City Clerk to release the bonds 35 days after the Notice of C -3111 Volume 51 - Page 354 City of Newport Beach City Council Minutes July 28, 1997 ® Completion has been recorded in accordance with applicable portions of the INDEX (38) Civil Code; 4. Assess Liquidated Damages in the amount of $5,000. 10. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND 230 Agate Ave/ MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE Permit AGATE AVENUE PUBLIC RIGHT -OF -WAY ADJACENT TO 230 (65) AGATE AVENUE, BALBOA ISLAND (E1P -97 -249). Approve the application subject to: a. Execution of an Encroachment Agreement for non- standard improvements; (1) Authorize the Mayor and the City Clerk to execute the agreement; (2) Authorize and direct the City Clerk to have the agreement recorded with the Orange County Recorder; and b. An Encroachment Permit issued by the Public Works Department. 11. PRIVATIZATION OF PARKS MOWING. 1. Approve a renewal five -year Calif Landscape parks mowing contract effective August 11, 1997 with California Landscape Maintenance Maintenance in the amount of $195,235 per year; 2. Approve corresponding C -2160 budget amendment No. BA -005 transferring $180,223 from the salaries and (38) benefits accounts of the Park Maintenance Division and $37,706 from the BA -005 (40) Equipment Maintenance and Replacement Accounts to the Professional/ Technical Services Account of the same Division; 3. Delete one Groundworker II, two Equipment Operators I, and one Groundworker I positions from the Parks maintenance Division, effective August 15, 1997; 4. Authorize the disposal of surplus City trucks (2), tractor (1), trailers (4), ® mowers (5), and miscellaneous equipment (7) after August 1, 1997, and approve the subsequent transfer of the sale receipts to the Professional/Technical Services account of the Parks Maintenance Division. 12. APPROVE THE LEASE BETWEEN THE CITY OF NEWPORT BEACH Lincoln School AND NEWPORT -MESA UNIFIED SCHOOL. DISTRICT FOR THE Athletic Center LINCOLN ATHLETIC CENTER. Authorize the City Manager to sign on C -2528 behalf of the City of Newport Beach. (38) MISCELLANEOUS ACTIONS 13. AB 939 ANNUAL RECYCLING REPORT (Informational only). Gen Serv/ Receive and file. Recycling (44) 14. ANNUAL NARCOTICS ASSET FORFEITURE REPORT, July 1, 1996, Police through July S, 1997. Receive and file. (70) 15. Removed from Consent Calendar by Council Member Hedges. 16. APPROVE BUDGET AMENDMENT (BA -004 in the amount of BA -004 $22,200) TO APPROPRIATE THE $22,000 GIFT FROM NEWPORT (40) BEACH PUBLIC LIBRARY FOUNDATION TO PART -TIME SALARIES AND THE $200 GIFT FROM AMERICAN LIBRARY ASSOCIATION FOR YOUTH SERVICES TO ADVERTISING AND PUBLIC RELATIONS. ® 17. PLANNING COMMISSION AGENDA FOR JULY 24, 1997. Planning (68) Volume 51 - Page 355 City of Newport Beach City Council Minutes July 28, 1997 18. Removed from the Consent Calendar by Council Member Hedges. MOTION BY COUNCIL MEMBER O NEIL TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (3, 7,15 & 18) AND THE REGISTRATION OF AN ABSTENTION BY COUNCIL MEMBER THOMSON ON ITEM .1. Without objection, the motion_ carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. ADOPT ORDINANCE NO. 97 -26 ADDING CHAPTER 14.36 TO TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE TO REGULATE THE DISCHARGE OF WASTE WATER FROM BUSINESSES, PROPERTY OWNERS, AND /OR INDIVIDUALS IN ORDER TO IMPROVE WATER QUALITY AND COMPLY WITH INDIVIDUALS IN ORDER TO IMPROVE WATER QUALITY AND COMPLY WITH FEDERAL REGULATIONS FOR THE CONTROL OF URBAN RUNOFF WHICH ENTERS THE NETWORK OF STORM DRAINS THROUGHOUT ORANGE COUNTY. City Manager Murphy explained that this item is related to a requirement that the City of Newport Beach adopt an ordinance related to the discharge of water into storm drains. ® Council Member Noyes stated that Allen Murray testified at the last meeting and took issue with a couple of definitions under pollutants. At that time staff indicated they would be working with Mr. Murray and the City Attorney, therefore he questioned where staff is at with that process. Mr. Murphy explained that the City needs to adopt the ordinance at this time in order to comply with the standards and then revisions can be made after it is adopted. Public Works Director Webb reported that staff will meet with the County and Mr. Murray in the next two to three weeks in order to work out the details and then staff will come back to Council with the recommended changes. In response to Council Member Hedges, Mr. Webb reported that the exception for car washing was already in the ordinance. Motion by Council Member O'Neil to adopt Ordinance No. 97 -26. Without objection, the motion carried by acclamation. 7. ADOPT RESOLUTION OF INTENT NO. 97 -64 TO REVISE CHAPTER 20.80 (SERVICE STATIONS) AND CHAPTER 20.3 (DEFINITIONS) OF TITLE 20 OF MUNICIPAL CODE TO UPDATE REGULATIONS FOR SERVICE STATIONS AND TO ALLOW THE CO- DEVELOPMENT OF CONVENIENCE MARKET AND EATING AND DRINKING ESTABLISHMENTS. ® Council Member Glover clarified that this item will go to the Planning Commission for consideration. Regarding the exception to allow vacuuming, Volume 51 - Page 356 INDEX Water & Sewer Ord 97 -26 (89) Res 97 -64 Zoning /Special Use (94) E City of Newport Beach City Council Minutes July 28, 1997 hand drying and hand waxing of vehicles, she cautioned staff to emphasize to the Planning Commission that this area needs to be reviewed carefully. She noted that there is a car wash on Mariner's Mile that did not prepare an area for these services and has ended up on the street. She said how the area is located on the lot and how it is treated is a very important facet. She voiced concern with how alcoholic beverages will be treated, especially concerning the situation that took place recently with teenagers. She asked whether leasing of cars will occur on the premises. Planning Director Temple explained that the existing ordinance allows for leasing activities and a change has not been proposed. Senior Planner Alford reported that of the existing six sites three are service stations and three are car washes with gasoline pumping facilities. They are the Texaco Car Wash in Newport Center, the Texaco Car Wash on Birch Street, the Fashion Island Texaco at Jamboree and San Joaquin Hills, the Newport Center Chevron at Jamboree and San Joaquin Hills, the Unocal Car Wash on Superior, and the Chevron station at the corner of Bristol and Irvine. In response to Council Member Glover, Ms. Temple indicated that staff has not conducted a formal study to determine if there is a shortage of service stations, however it is common today that communities are losing gasoline service stations and the City has lost some, particularly those on smaller sites. She said the toxic waste issues may be a part of the reason. She said the Economic Development subcommittee's focus was that in order to stay in business and be economically viable for the oil company or the franchisee, retail support activities are needed in addition to simply pumping gas or providing automotive services. She noted that a use permit to be issued by the Planning Commission will be required for any service station that wants to add either retail sales or food service. Motion by Council Member Hedges to adopt Resolution of Intent No. 97 -64 to revise Chapter 20.80 and Chapter 20.03 to update the regulations for service stations and to allow the co- development of convenience markets and eating and drinking establishments. Without objection, the motion carried by acclamation with Council Member O Neil abstaining due to a conflict of interest. 15. 1997 -98 CULTURAL ARTS GRANTS. Council Member Hedges reported that the budgeted amount for the grants is $40,000. He noted that these are all very worthy organizations, but rather than spreading the money around to organizations where it will really have limited effect as to their success or failure, he made a motion that the entire budgeted amount be earmarked for the Newport Beach library collection to establish an American History and Culture collection. He emphasized the importance of having a repository and resource to the community that will go further towards enhancing the appreciation of American culture than giving the money to several individual private groups which are successful Volume 51 - Page 357 110 1 ' 1997 -98 Cultural Arts (62) City of Newport Beach City Council Minutes July 28,1997 ® and don't need support from a governmenta City Manager Murphy clarified that $40,000 has been incorporated into the budget and these grants total $34,050. Mayor Debay expressed concern with taking action on Council Member Hedges' motion since members of the Arts Commission are not present to provide their input. Council Member Thomson said he basically agrees with Council Member Hedges and doesn't feel it is the Council's place as stewards of public money to decide which organizations are worthy and will. receive grants. The motion failed by the following roll call vote: Ayes: Thomson, Hedges Noes: O'Neil, Glover, Noyes, Mayor Debay Absent: Edwards Abstain: None Motion by Council Member Glover to approve the recipients for the 1997 -98 Cultural Arts Grants as selected by the City Arts Commission, pursuant to City Council policy. ® Motion by Council Member Hedges to amend the motion to appropriate the balance of the reserve fund (approximately $6,000) to the library materials fund as seed money for the establishment of the aforementioned American History and Culture collection. The amendment motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: Edwards Abstain: None The main motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: Edwards Abstain: None 18. USED OIL PROGRAM - PROGRESS REPORT. Council Member Hedges explained that this is a periodic progress report on the success, such as it is, of the Used Oil Opportunity Grant funds in the amount of $233,000 which the City accepted from the California Integrated ® Waste Management Board to develop a recycled oil program in the City. He said these types of programs are always well - intended, however very few people pay attention to how much it actually costs for what it does. The Volume 51 - Page 358 INDEX General Services (44) City of Newport Beach City Council Minutes July 25,1997 purpose of the program is to recycle oil and the feeling is that people will change their oil and dump the used oil in the nearest storm drain. He said he believes that happens very rarely. According to the staff report, staff estimates that during calendar year 1997 20,000 gallons of used motor oil will be recycled in the City. Based on the total cost of the program (administration, oil mobile, oil collection events, public education awareness programs), it is costing over $11.00 per gallon to recycle the oil. For the benefit the public receives for the quarter of a million dollars of tax money it would cost less money for the City to contract with Jiffy Lube and set up a station in the finance department to issue vouchers for free oil changes since new oil costs less than $5.00 per gallon. He said that public awareness on this issue is high, therefore he feels this is money that is being squandered and the contractor is the one that is getting rich. Council Member Glover stated that sometimes federal grant programs can be rather nebulous and sometimes the end results aren't so good, however she believes this is an educational process. She said she believes the concept is good and there is a need to teach the next generation. Madelene Arakelian concurred with Council Member Hedges, questioned who the contractor is and what the City does to make sure the contractor is implementing the full recycling program. She also questioned whether the public really participates in the program. ® Mr. Murphy replied that the contractor is Americlean Environmental Services, Inc. (AES), however the City staff monitors and implements the program in cooperation with the contractor. He explained that it is a joint program involving City staff, Americlean and members of other City committees. In response to Mrs. Arakelian's comment about how many residents know about this program, Mayor Debay explained that a public hearing was held on September 23, 1996 before the City Council. Mr. Murphy also noted that the staff report identifies future events for collection and education. Council Member O'Neil acknowledged and welcomed Costa Mesa City Council Member Heather Somers. 19. TRANSIENT OCCUPANCY TAX ENHANCEMENT REPORT. Assistant City Manager Wood reported that this study was done jointly by the City and the Newport Beach Conference and Visitors Bureau with the ® two entities sharing the cost of the study. The consulting firm of PKF was retained to study whether it is feasible for the City to have a conference /convention center and also what things can be done to enhance Volume 51 - Page 359 FIT51T5.13 Transient Occ- upancy Tax (24/40) City of Newport Beach City Council Minutes July 28, 1997 FIMITO ® the City's revenues from transient occupancy tax (TOT) Volume 51 - Page 360 Bruce Baltin, Senior Vice President, PKF Consulting, reported that his firm was retained initially by the City to study the potential economic feasibility of the development of a conference and/or convention center within the limits of the City with the intent that the facility would enhance the TOT revenue collected by the City. He said they were also given the constraint that the City did not want to invest in such a facility nor use public funds for the development of a facility or to facilitate the development of a facility. Given those constraints and other issues that were found in the course of the study, it became obvious that it didn't make sense to pursue such a facility. He said that the hotel inventory in the City is running at fairly decent occupancy levels (72 -73 %), so there didn't really seem to be the need or the economic justification for anybody to develop a facility given the fact that public funds weren't available to use and there wasn't enough hotel capacity in the City, either contemplated or existing, to provide enough rooms to support the development of a non -hotel conference and/or convention facility. The study was actually modified at that point in time after being asked by staff and the Council to pursue those avenues and abandon the first course of action. He summarized the findings and recommendations as outlined in the staff report. He said they found that the hotel community is doing reasonably well and the City itself has a good product to support tourism. The City has a coastal climate, a high image within the local community, and a number of attributes which are supportive of tourism. He: said they also found that ® there are substantial pieces missing of the overall tourism product which could make the product better utilized by tourists. Those specifically involve linkages between the various nodes of primary tourist activity (Fashion Island, parts of Balboa Peninsula, Mariner's Mile, etc.). If they were linked together it would create more of a more critical mass and a higher profile. They also felt it would be justified to enhance the infrastructure within the community that would enhance the tourism product and enhance the resident product as well (infrastructure, signage, local transportation systems). They also felt that there was the opportunity for the City to work with the existing hotel community to facilitate and encourage the development of both additional hotel facilities within the City and additional banquet and meeting facilities. The banquet and meeting facilities would help to generate more hotel demand, which in turn would generate more revenues for the City. He said they felt that if the City were to recognize its role in facilitating tourism within the City and therefore take a pro - active approach incorporating the tourism within City planning functions, there would be an opportunity to enhance the tourism product. He said they felt there may be other opportunities for public /private partnerships to develop both additional hotel facilities in specific areas where they're specifically desired, and the City may take an investor role to help facilitate hotel development and/or development of conference and convention facilities with existing hotels. He said they looked at specific areas of the City that could be utilized to enhance the image of the City with the tourism community (Fashion Island, Mariner's Mile, parts of the pier and peninsula). He ® summarized and said that their recommendations don't involve expenditures of funds as much as it involves education and recognition within City staff. He said they felt that if the image of the City as a tourist Volume 51 - Page 360 r� City of Newport Beach City Council Minutes July 28, 1997 destination could be enhanced it would allow the hotels in the community to increase their room rates, which in turn would provide more TOT revenue for the City. In response to Mayor Debay, Mr. Baltin said the consultants recommended that some kind of a shuttle system. be developed. He said they received a lot of comments during the study about how it had been tried and failed, however they feel it should be looked at again in the future. Assistant City Manager Wood said that staffs recommendation is that the City Council accept the report and direct staff and the Economic Development Committee to consider the recommendations as part of the strategic plan for economic development. At the last meeting of the EDC, the committee settled on three focus areas for the economic development efforts. One of the focus areas is to continue to promote tourism and hospitality, so the next step is to develop specific actions to get the improvements needed. Council Member Glover commented that the Four Seasons will be adding more rooms and conference capabilities and it is her hope that the City will be in a position to look at fast forwarding that project. Motion by Council Member O'Neil to accept the study and direct the Economic Development Committee and staff to consider the findings and recommendations as part of the strategic plan for economic development. Without objection, the motion carried by acclamation. 20. CONFERENCE AND VISITORS BUREAU (CVB) ANNUAL REPORT AND BUDGET. City Manager. Murphy reported that pursuant to the City's agreement with the Conference and Visitors Bureau, the Bureau is required to annually present for review to the City Council a marketing plan and an annual budget. The Council is not required to approve either of these documents, but to review, comment and advise. The appropriate motion would be to provide any direction relative to the presentation and receive and file the report. Rosalind Williams, President/CEO of the Newport Beach Conference and Visitors Bureau (CVB), explained that CVB is a not - for - profit organization that represents local tourism working to promote Newport Beach in targeted markets worldwide. The bureau creates opportunities not only for its members but for members of the community as well for cultural, economic, and environmental benefits derived from tourism. The CVB's 1997 -98 abbreviated executive summary and budget are designed to respond to notable changes and opportunities that face tourism today and into the future. The CVB has built upon the foundation that has been laid for the last three years and the overall direction for the plan comes from the input of people in the organization, as well as in the community. It is designed to be responsive to change and allow for continual update and refinement. All the initiatives are for incremental business in a cost effective manner. She stated that the transportation system that began on July 1, 1997 between Anaheim and Newport Beach allows the businesses in Newport Beach access Volume 51 - Padre 361 IIVDEX Newport Beach Conference & Visitors Bureau C -2638 (38) City of Newport Beach City Council Minutes July 28, 1997 ® to thousands of visitors who are overnighting in Anaheim. The shuttle system runs three times per day in a round trip between Anaheim and Newport Beach. Last year approximately $17 million of revenue from various aspects of tourism was generated. For the first six months of this year the trend has continued and the occupancy is up almost 3 -1/2% over the same period last year and the average daily rate, which is the measurement used throughout the industry, is up almost 17% over last year. Council Member Hedges congratulated Mrs. Williams on her success with the CVB and the role she has played in increasing the occupancy rates, as well as the room rates. He noted that the market is strong throughout the region, however noted that everyone needs to plan for the downturn in order to be prepared when it happens. Mayor Debay stated that as Mayor she meets a lot of the groups that come to town after their arrival and reported that the people are always very happy with the arrangements and the way they are treated by the hotels and their staff. Council Member O'Neil announced that he recently was appointed to the Board of the Conference and Visitors Bureau. 13e also acknowledged Mrs. Williams and her staff for the work done to promote tourism and conferencing in the City. ® Council Member Glover reiterated Council Member Hedges' comments about protecting ourselves in the event of a downturn in the economy and added her commendations for the work Mrs. Williams and the CVB has done. Motion by Council Member O'Neil to receive and file the report. Without objection, the motion carried by acclamation. 21. CITY COUNCIL COMMITTEE TO PROMOTE REVITALIZATION OF THE BALBOA PENINSULA. (Requested by Council Member Noyes) City Clerk Harkless announced that the Council received a letter today from Fritz Duda in support of the proposed action. City Manager Murphy reported that at the last meeting Council Member Noyes requested that staff return with an agenda item to consider the establishment of an oversight committee of the City Council to work towards the implementation of the program which was reviewed and acted upon by the Council several months ago. Should the Council desire to take that action, a proposed resolution has been prepared and is part of the staff report. Howard Norris, 121 McFadden Place, said he has four small businesses in McFadden Square that rely on tourist business as well as year round residential business. He said when the Project 2000 plan was released he ® attended three to four meetings and the majority of people in attendance were against many of the specifics of the plan. He said most people want to do things to make the area look better and be more convenient to live, Volume 51 - Page 362 INDEX Res 97 -66 Ad Hoc Comm/ Promote Revitali- zation of Balboa Peninsula (24) City of Newport Beach City Council Minutes July 28, 1997 INDEX ishowever the plan that was presented went too far and was very drastic. One of the things people had trouble accepting was the fact that the plan was developed by special interest groups and not residents. He said he doesn't understand the need for a committee at this time and noted that one of the main questions that has been asked is, "Who will really benefit from this ?" Council Member Hedges pointed out that the staff report indicates that the City Council wishes to monitor and assist staffs efforts in revitalization of the Peninsula and to provide a forum for public participation in the revitalization effort. Mary Moyer, President of the Balboa Peninsula Point Association, 2157 Miramar, read the following from a position paper from the association: "In early June 1997 the Balboa Peninsula Point Association Board of Directors conducted an extensive survey of its membership. The association represents members residing in the area from Main Street in the Balboa Village eastward to the Wedge. We represent 547 households and approximately 1,200 residents. The survey addressed those issues and recommendations from the Project 2000 report and other areas of concern expressed by residents. We received a 41 % response which was used to develop the position paper that reflects broad resident participation. The summary of the paper was that the board and those residents surveyed while overwhelming supporting recommendations to improve the quality of ® life on the Peninsula repeatedly voted down proposals which favored tourists over residents. We remain eager to work with the City on initiating improvements on the Peninsula but wish to emphasize our position, which is to prioritize those improvements that will beautify and clean up the area as opposed to any projects which will increase the visitors traveling to the area." She said her reason for making a presentation is that they would like to assure that the Council Members participating in the committee are committed to these ideals. Motion by Council Member Glover to adopt Resolution No. 97 -66 establishing a City Council Committee to promote revitalization of the Balboa Peninsula. Substitute motion by Council Member Thomson to adopt the resolution with the following changes to the noted sections of the resolution and to approve it as such: 1) The committee shall be composed of two Council Members whose districts consist of or are the most adjacent to the Balboa Peninsula, and the Council Member whose district includes Balboa Island. He suggested this modification because of the possibility of future re- districting. 2) Eliminate the entire section and allow the committee to decide amongst themselves who the chairman will be. 5) Amend the language so the committee sunsets after one year. Motion by Council Member Hedges to divide the motion and vote on each point separately. Without objection, the motion carried by acclamation. ® Mr. Murphy clarified that Section 1 will state that the committee shall be composed of the three Council Members whose districts are adjacent to or Volume 51 - Page 363 City of Newport Beach City Council Minutes July 28, 1997 closest to the Balboa Peninsula. Substitute motion by Council Member Hedges to leave the existing verbage for Section 1 as stated in the proposed resolution. The motion carried by the following roll call vote: Ayes: O'Neil, Hedges, Glover, Noyes, Mayor Debay Noes: Thomson Absent: Edwards Abstain: None Substitute motion by Council Member Hedges to leave the existing verbage for Section 2 as stated in the proposed resolution. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: Edwards Abstain: None Motion by Council Member O'Neil to amend the resolution to have the committee sunset annually. Substitute motion by Council Member Hedges to leave the existing verbage for Section 5 as stated in the proposed resolution. The motion carried by the following roll call vote: Ayes: Hedges, Glover, Noyes, Mayor Debay Noes: O'Neil, .Thomson Absent: Edwards Abstain: None Motion by Council Member Hedges to adopt Resolution No. 97 -66 establishing a City Council Ad Hoc Committee to promote revitalization of the Balboa Peninsula and to insert the words "Ad Hoc" prior to the word "Committee" in the resolution clause. The motion carried by the following roll call vote: Ayes: O Neil, Thomson, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: Edwards Abstain: None 22. REQUEST FOR PROPOSAL (RFP) FOR BALBOA PENINSULA PARKING MANAGEMENT PLAN. Assistant City Manager Wood reported that this is a Request for Proposal (RFP) for a comprehensive parking management plan for the Balboa ® Peninsula. The RFP outlines the background and the scope of work for the study including the City's objectives and the tasks for completion. Among the tasks is an inventory of the existing parking spaces, an analysis of the Volume 51 - Page 364 INDEX BPPAC Parking Management Plan RFP (68) City of Newport Beach City Council Minutes July 28, 1997 INDEX current and future needs for the different kinds of uses on the Balboa Peninsula, and an implementation plan to provide parking for the different users in a way that will minimize negative impacts on the other types of users. The City also wants to find a way to encourage more business activity with the parking practices, to generate reasonable revenue for the City and to reduce traffic congestion on the Peninsula. The first of the outreach meetings was held on July 22, 1997 to receive public comment on the draft RFP. There were about 50 people in attendance and many of their comments were incorporated into the RFP. The RFP calls for the consultant to provide three public meetings during the course of the study. Staff is recommending that Council approve the RFP and authorize staff to circulate it among potential consultants. Mayor Debay noted that during the Public Works Committee meeting there were several things brought up which should be incorporated into the RFP having to do with the parking meter study on what types of meters and whether the meter technology should be changed. She said there was also an issue with the Balboa Pier parking lot and a plan that had been suggested in 1989 and several years after that, in which there was a drawing involved. The Committee requested that the plan be provided to staff, however that it not be implemented until the parking management study looks at that parking lot. ® In response to Council Member Glover, Mr. Murphy explained that included in this years budget are the dollars to create and engineer the parking lot plan and prior to actually implementing work on that, the design consultant will work jointly with whomever is selected under this RFP to make sure that it is carefully looked at and coordinated so the two are compatible. The two will be carefully integrated so that money or time are not wasted by having one move ahead of the other. Once someone is selected to design the Balboa Pier parking lot, they would be asked to delay work and coordinate the information collection and design of possible solutions for this particular contract. He also explained that one of the things that was proposed during the financing program was that one way of generating additional dollars to finance improvements on the peninsula might be the expansion of the hours when the meters would be in effect. He said staff suggested that it be looked at as part of this plan to see if it is feasible, what impacts it will have on the business community, and as part of the outreach effort to determine how the business community would feel about it, particularly given the understanding that if it is done, there might be dollars that could benefit their particular area. He explained that it wasn't proposed as part of the 1997 -98 budget, however during the review of the financing program it was not adopted or recommended but determined that the Council would revisit the issue. He reported that staff has budgeted $125,000 for the consultant, however the cost is speculation at this point. Council Member Thomson noted that the Arches interchange project will grossly affect the number and pattern of cars on the peninsula. He voiced ® concern about spending money on a consultant to advise what is going on in the winter when there might be impediments to the normal traffic on the peninsula. He suggested that it be done when things have settled down and Volume 51 - Page 365 City of Newport Beach City Council Minutes July 28, 1997 INDEX there is a better handle on the traffic flow. Assistant City Manager Wood explained that staff decided that prior to retaining the consultant for the management plan the inventory and studies of the usage of parking at the heaviest time of the year should be conducted. She said the parking management plan has been. on the EDC's work plan for at least two years and there has not been enough staff time to take on such a large study. Public Works Director Webb explained that there is more to the study than just the survey of parking and with the staff that he has available to work on this he doesn't believe he could get it accomplished within a two year period. Mr. Murphy explained that this is one of the highest priorities recommended by the committee. The study will look at the issue of the interrelations between all the different competing users in an attempt to make the peninsula more user friendly for all the parties. He said the City doesn't have anyone currently on staff who has undertaken a comprehensive parking management study. He said the parking; management plan is a key ingredient before undertaking any other issues related to BPPAC, and is one of the first things that should be undertaken. Council Member Hedges explained that this is a parking management plan, ® not a traffic management plan. As far as traffic counts the City has a longstanding historical data available and the Arches Bridge construction won't change that. As pointed out in the objectives of the RFP, he noted that parking supply has been addressed, however there has not been a plan to provide for the convenience of residents, their guests, and shoppers. He said that Task 6 states that the analysis should assume that the City's goal is to manage the parking needs of existing and anticipated future development based on the General Plan, rather than to attract and create parking facilities for more vehicles on the peninsula. Some of the other objectives are to protect parking in residential neighborhoods from encroaching by other users, to be fair, understandable and acceptable to the community, and to reduce summer congestion on Balboa/Newport Boulevards. Techniques suggested in the RFP envision a reconfiguration of the existing residentiguest permit policy. The RFP also calls for three public meetings with the community at large and two meetings before the City Council. He said he would like to see an objective that would optimize the positive aesthetic impacts, rather than just minimizing the negative aesthetic impacts. Motion by Council Member Hedges to adopt the draft Request for Proposal with the changes as mentioned and the other suggested actions as contained in the staff report and to direct staff to review similar studies from other coastal jurisdictions. Council Member Noyes spoke in support of the motion, even though he concurred with Council Member Thomson's comments about the timing. ® Virginia Herberts spoke in support of the redesign of the Balboa Pier Volume 51 - Page 366 City of Newport Beach City Council Minutes July 28, 1997 ® parking lot within its present confines to increase the number of parking spaces which will replace those lost to proposed changes throughout the Balboa Village. She spoke in opposition to any traffic reconfiguration that will create more traffic delays or a third light at 'Washington Street. Tom Hyans reported that he attended the July 22, 1997 meeting. He noted that the Central Newport Beach Community Association mailed out over 500 invitations to the meeting. He said that the City should identify all of the things that parking is needed for before determining what the parking should be. He said that at the meeting it was requested that everyone be invited to the three public meetings, not just individuals interested in discussing the parking lot. He requested that money be spent to notify the people that are really concerned and live in the area of the meetings rather than spending money to send 20,000 letters to the community telling them why the BPPAC plan has to be implemented at the cost that it is for the benefit of rectifying a blighted, crime - ridden area. Without objection, the motion carried by acclamation. 23. ADOPTION OF THE 1994 UNIFORM ADMINISTRATIVE CODE (UAC) INCLUDING REVISION OF THE BOARD OF APPEALS COMPOSITION AND APPOINTMENTS TO AD HOC APPOINTMENTS COMMITTEE. ® Building Director Jay Elbettar reported that the proposed ordinance is to adopt the 1994 Uniform Administrative Code (UAC). When all the model codes were adopted in November 1995 the UAC was excluded from the adoption pending the fee study by KPMG Peat Marwick since the UAC contains the table used to charge fees for permitting and inspections. He said staff is recommending the introduction of the 1994 UAC with two changes. The 1994 UAC format is consistent with the other technical codes adopted in 1995 and it basically governs inspection, permit processing and occupancy, etc., therefore it is necessary to adopt the 1994 code to be consistent when cross - referencing is made between the technical codes and the UAC provisions. Staff is recommending adoption of the UAC with the exclusion of the fee tables, since the fees are included in the newly adopted fee resolution. In addition, staff is proposing two amendments: 1) the addition of a definition to the requirement for fence height when required to obtain a permit by adding "above grade." The reason the change is being proposed is to distinguish a fence from a retaining wall. The Building Code requires that a retaining wall has to be measured to the bottom of the footing versus a fence which can be measured to grade. In order to eliminate the confusion the words "above grade" are being added. The second amendment is to change the composition of the Board of Appeals to add two disabled members. The reason staff is proposing the change is because the City is mandated to enforce the access standards and in order to process appeals or to hear matters before the Board of Appeals, two disabled access members can assist this board by providing their input from their own actual ® experiences in dealing with access to facilities. In addition, the Health and Safety Code allows jurisdictions to appoint a board with five members, two of whom are disabled. The code also requires that a jurisdiction have a board, Volume 51 - Page 367 INDEX 1994 UAC Ord 97 -31 (26) City of Newport Beach City Council Minutes July 28, 1997 ® so by combining both boards into one and changing the composition, the same objective can be accomplished. He stated that the definition of physical disability is in the Health and Safety Code and it relates to any impairment, physical, speech, vision, etc. Council Member Hedges voiced concerns with filling the vacancies with qualified people and noted that the amendment contemplates that the members of the Board of Appeals are to be qualified by experience and training. He said it is not uncommon to have people apply that are otherwise not qualified and there should be some provision made as to what happens if there are not two physically disabled people that are qualified in these matters to fill the positions and how the board will be rounded out. He said these procedural matters should be worked out first. Mr. Elbettar pointed out that the Board of Appeals is addressed in the UAC and the disabled board is addressed in the Health and Safety Code. He noted that a policy can be formulated to address the issues raised and provision in the commissioner's handbook can be revised accordingly. He confirmed that all people who qualify for the American Disabilities Act would be qualified to serve on the Board since they are by definition physically disabled. David Pillman, 611 Marinella, Irvine, read into the record his letter ® addressed to the Council dated July 28, 1997 and submitted to the Council and filed with the staff report, in support of the adoption of the ordinance and the appointment of the ad -hoc appointments committee. In response to Council Member Hedges' question about whether he is part of a group of lawyers that have formed to test access issues, Mr. Pillman stated that he has a history of helping businesses in the south coast metro area in dealing with their requirements under the California Building Code and helping businesses fight the Building Department to make sure they are getting the right shake on these things. He said he has not hired an attorney for his client and she has not really paid him anything for his services. He explained that the claim was filed because the valet at Villa Nova refused to let his client park her car with hand controls at their parking space and it insulted him and his intelligence. In response to Council Member O Neil, Mr. Murphy explained that the City is required to have Uniform Building Codes and unless the codes are adopted the state codes are imposed on the City. He said that the issue raised by Council Member Hedges about the possibility of not being able to fill the positions can be addressed through the Council policy on appointments rather than codifying it in the code. He said the appointment of an ad -hoc committee is consistent with the current policy of appointing members to a committee to review and interview candidates. Motion by Council Member Glover to introduce Ordinance No. 97 -31 amending Chapter 15.02 of the Newport Beach Municipal Code to adopt the ® Uniform Administrative Code, 1994 Edition, and pass to second reading on August 11, 1997. It was clarified that the two members shall be physically disabled as the term is defined by the State of California Disabled Access Volume 51 - Page 368 -lT C City of Newport Beach City Council Minutes July 28, 1997 Mayor Debay, Mayor Pro Tem Edwards, and Council Member Glover were appointed to the Ad Hoc Committee to select disabled candidates for the board membership and the City Clerk was instructed to advertise and accept applications for disabled members in accordance with City Council Policy A- 2. 24. REPORT FROM CITY ATTORNEY REGARDING A CITY'S LEGAL AUTHORITY TO REGULATE GROUP HOMES. (Request of Council Mayor Pro Tem Edwards.) Volume 51 - Page 369 INDEX City Attorney (31) City Attorney Burnham summarized the preliminary findings regarding the City's ability to regulate group homes. He said he intends to come back to the Council in the very near future with more information because of the complexity of the issue. He reported that he has also spoken to Nancy Knight and will schedule a meeting with her this week to talk about the concerns of the residents as it relates to the group home on their street. He said the City Attorney's office would like to explore an approach for dealing with problems, not just those created by group homes, but those created by residences occupied by a either a small or large number of people who are not considerate of their neighbors - something in the nature of residential quality of life standards. To summarize what is known about the law right ® now, there are state statutes on the books which prevent the City from regulating group homes which serve six or fewer people if they are state licensed homes. The law relative to group homes which serve seven or more people is not clear and it is still evolving. In 1994 amendments to the Fair Employment and Housing Act (FEHA) became effective and those amendments have not yet been analyzed by the courts and cities efforts to deal with those issues really haven't found their way up to the court of appeals. Based upon recent court decisions, the City can't regulate the number of individuals residing within a particular dwelling except with reference to the Uniform Housing Code. The City also can't define the term "family" by referring to a particular number of unrelated people. The City can't adopt or apply land use ordinances in a way that discriminates against persons that are protected by federal and state law. The state law was amended in 1994 to provide protection for persons with disabilities or persons with a familial status. When there are :land use ordinances which apply across the board equally the City may have to make reasonable accommodations by modifying those ordinances if they have an unfair or disparate impact on persons who are protected. The law is in flux and you have to look at individual cases to decide the extent to which land use ordinances can be applied and whether they need to be modified on a case by case basis to make a reasonable accommodation that the courts and the law require. He suggested that the City Attorney's office be given direction from the Council to pursue a review and possible development of standards that would deal with some of the issues identified by the Vista Bays, residents (noise, parking, trash), which aren't necessarily the result of the number of people living in a residence, but the result of the actions of the people. In ® response to Mayor Debay's question about whether there would be any logic to having the Legislative Committee work with the state and federal people Volume 51 - Page 369 INDEX City Attorney (31) u W City of Newport Beach City Council Minutes July 28, 1997 for some kind of changes, Mr. Burnham said he doesn't think it would be a good use of their time. He said statutes have been introduced in each of the last three or four years to give local communities greater control over group homes, and on each occasion those statutes have not gotten out of the legislature. He said that staff will also be reviewing the extent to which the City can require use permits for group homes. In response to Council Member Thomson's question about whether or not CC &R's would help regulate these uses, Mr. Burnham reiterated that for homes with six or fewer people those restrictive covenants are by virtue of state law unenforceable. Council Member Glover made the following suggestions: 1) that the City Attorney's office contact Santa Clara County since they have found ways to work with these groups; and 2) that the City Manager meet with the group home operator and talk to them about a sense of civility and comportment on public streets. Council Member Hedges said he is sure that most of the residents fully support the goals which have resulted in this very real and practical effect to the neighborhoods, which is the rehabilitation and care of the needy. He said this is how this has been construed and adjudicated by the courts, and this is now what the residents have next door. He said the answer in short is "tough luck." He pointed out that the American Disabilities Act defines disabled as recovering substance abusers, or alcoholics. He said the people that run these homes don't necessarily do it for altruistic reasons, they receive thousands of dollars per person per week. He said that if the people are sick enough they should probably be receiving treatment in an institutional setting. Until the residents start leaning on the state and federal legislatures. to stop this kind of thing it will continue to happen. Nancy Knight, 2517 Vista Baya, distributed photos taken on their street and a diagram of the street. She said they understand that group homes for six or fewer homes are virtually untouchable, however the problem on their street is a house with 18 people living in it on a street that is only 25 feet wide and has no sidewalks or street lights. She said there has been a huge increase in traffic since 18 people now live in the house. She said they feel that the laws that are on the books in the City can be applied to deal with the problem of impact on the neighborhood without being discriminatory. She said that she understands that group homes are in the same category as fraternity, sorority and boarding houses. M.J. Gunn, 2521 Via Marina, reported that she has seen a great increase in traffic and loitering. She said that six people or fewer and a couple of supervisors is a controllable situation, however 18 people in a neighborhood with a lot of elderly, single and children is not a good situation. She said she would like to see the Council members write letters to Congress to get some of these things changed on a state level. She said she would like to see each of the Council members work with the residents in their neighborhood to get something done about this situation. Bud Shaffer, 2525 Vista Bays, explained that Serenity Springs' business Volume 51- Page 370 110 1) City of Newport Beach City Council Minutes July 28, 1997 ® license application states that the type of business is a night and day type of residential recovery program for four to six people and now there are 15 -18 people at their business address at any one time. He said it has the impact of a small hospital at the end of their street. He noted that the City Attorney reports it as a state problem, however the state indicates it is a City code issue. He questioned whether the residents have the right to picket the home. Diana Pempstein asked what action the City takes if a business license application is submitted and found to contain false information. Mr. Burnham explained that business licenses are revenue raising and not regulatory and the City does not control the operation of a business through the business license process. Peter Tarr, 5023 Lido Sands Drive, President of West Newport Beach Association, concurred with Council Member Hedges and stated that this is a situation that is not limited to this one isolated instance. He said this is a troubling intrusion on the lives and safety of all, especially in the older areas of town. He urged that the analysis be made, not simply based on a single incident but with a view towards developing a broad policy to control the behavior. ® 25. PROPOSED ORDINANCE REMOVING RESTRICTIONS ON SKATEBOARDING. (Request of Council Member Thomson.) Removed from agenda by Supplemental Agenda. 26. FENCE HEIGHTS. WITHIN FRONT YARD SETBACKS. (Requested by Council Member Hedges). City Manager Murphy reported that the Council received letters from Barbara Bernard, Stephen Titus and George H. Coffin III relative to this issue subsequent to the posting of the agenda. Planning Director Temple reported that fence heights within front yard setbacks are generally limited to three feet in height. In certain parts of town where views are an issue the City has established front yard setbacks in areas which would otherwise be considered rear yards. The City considers on a case by case basis requests to exceed the fence height limitations in these view areas. Most of the requests are generated by interested property owners to construct a spa or pool which requires a mandatory security fence under the Uniform Building Code. When considering these types of applications, staff usually imposes a condition requiring that the fence needed for pool security be no higher than required by the code, which is five feet and be of an open nature so that visually you can see through it. She said staff considers fences along property lines for security and/or privacy reasons. On the bay fronts these issues tend to be quite controversial in ® neighborhoods because an individual who is desirous of additional privacy may be at odds with a neighboring property owner who is interested in maintaining the really wide bay views which are commonly present in the Volume 51 - Page 371 INDEX No report Planning (68) City of Newport Beach City Council Minutes July 28, 1997 U� ® bay front areas. That notwithstanding, staff has from time to time approved fences in the side parking areas which provide for both visual privacy as well as security, at a height of six feet. The request made by Council Member Hedges was to consider potential amendments to the municipal code which would provide an actual authority or permission to property owners to construct privacy and security fences within certain locations or in certain circumstances. The issue that was raised was related to property adjacent to public park areas. In staffs experience even when adjacent to a public area such as a park or a public right -of -way such as a street end, the requests still have engendered significant interest on the part of adjoining property owners and oftentimes the property owners meet and come to some kind of common agreement on what would and would not be acceptable. Staff believes that the modification permit process is the way to continue to deal with these issues so they can be dealt with on a case by case basis for the reasons stated, but also because there is a lot of interest on the part of individual property owners to create screen walls and fences within front yard areas that are not permitted by the code. Areas where there are common code enforcement problems include the boardwalk along the peninsula on the beach side, as well as on corner lots in residential neighborhoods in Newport Heights and Harbor View Hills. It is staffs recommendation to leave the system as is and allow the cases to come forward case by case and if the determination of the Modification Committee does not meet the needs of the property owner, they have the full right to appeal staffs decisions to the Planning Commission and City Council for ® ultimate resolution. In response to Council Member Hedges' question, Ms. Temple stated that all items in the front yard setbacks are restricted to a height of three feet, however very old installations may be considered legal non - conforming. Council Member Hedges said he brought this up because many times the property owners adjacent to public parks bear the brunt of the privacy burden since the public activity occurs in the areas immediately adjacent to the setback areas. The individual who brought this up constructed his home subsequent to the establishment of a park and now it doesn't afford the individual much privacy. He said there are a couple of ways to address this issue and modification as it is now embodied in the code is one way. He asked whether privacy issues become a consideration when the requests are made in the context of an adjacent public park or are the same set of standards used for whatever modification is requested. Ms. Temple stated that the modification process allows for a consideration of an exception to the basic zoning requirements on a case by case basis given the particular circumstance of the property. The location adjacent to a public park or right of way where activity not normally expected in close proximity to a residence is one criteria that can be used. In the case that brought this question forward to the Council, the difficulty is that there are some competing interests and those interests are both public and private. Other persons private views and the public views from the park, as well as ® the security and privacy issues of the property affected are the particular issues with this property. The Modification Committee will take all of the testimony and look at the evidence and make a decision on that basis. She Volume 51 - Page 372 E City of Newport Beach City Council Minutes July 28, 1997 reported that the committee does not have a policy manual, however they try to maintain a consistent standard of actions. Motion by Council Member Glover to receive and. file the report. Substitute motion by Council Member Hedee:i directing staff to prepare guidelines for the Modifications Committee with respect to addressing this problem and include privacy and security considerations as a positive weight towards granting a modification when residences abut public parks. Without objection, the motion carried by acclamation. 27. ORAL REPORT CONCERNING RESIDENTIAL CONSTRUCTION ON THE BALBOA PENINSULA (SETBACKS AND ACCESS DESIGN STANDARDS). Request of Council Member Hedges. (Continued from July 14, 1997.) Volume 51 - Page 373 F5051M. No report Planning Director Temple said the issue of appropriate setbacks for residential uses adjoining alleys has been revisited often by the City over the years. The reasons for review of the setbacks have included the provision of adequate ingress and egress from garages, as well as a desire to provide an adequate alley setback for parking spaces. The issue of the adequacy for the alley setback becomes an issue regularly, particularly when two alleys intersect to form a tee and the rear of one residential property is across the alley from the sideyard of another residence. The most important thing to ® remember about the problem is that Lots 328 and 329 on the exhibit would be allowed to have a side property fence in that configuration so there would be no setback on the inland side of the alley for ingress /egress purposes. The adequacy of the alley setback situation is exacerbated when the alleys are narrow. In Newport Beach it is not uncommon to have alley widths of 10 -14 feet and when these widths are combined with the existence of a permitted side property line fence the remaining backup space for a garage is 15 or 19 feet, respectively and 20 feet is considered to be the minimum acceptable. She said this issue has been visited a number of times over the years, most recently in 1990 and at that time the Council determined that it was up to the property owner and not the City to design building with adequate access for garages. This issue is before the City Council again due to the construction of four single family homes in the Balboa area, which have restricted garage access due to a narrow ten -foot alley with the combined constraints of an opposing property line fence and garages built to the minimum five foot rear yard setback, which has resulted in only 15 feet of backup space for accessing the garage. Both the Planning and Public Works Departments believe that further study and recommendations in this area are appropriate. One form of solution is the adoption of special design standards which would affect the design of the rear portions of buildings without altering the setback requirements, which will then maintain the allowed building area. Should the City Council direct staff to return with proposed changes to the zoning code, staff would also request that these proposals include consideration of design standards to address sight distance and turning radius requirements at the juncture of the tee alleys to allow for ® adequate circulation for vehicles, including service and delivery vehicles. Volume 51 - Page 373 F5051M. No report City of Newport Beach City Council Minutes July 28, 1997 ® Council Member Hedges noted that staff has expanded on his request and he never mentioned increasing setbacks. Ms. Temple clarified that staff is not recommending that either and the illustration used was from a prior study. He said he agrees with the previous Council decision that if the property owners wishes to have additional space to park their car, they can design their house to do so. He said his concern is the public right -of -way where the tee alleys meet and design standards may address the problems. He said that design standards that can be applied on a case by case basis would be the way to go if guidelines can be flexible. Perhaps some consideration should be given to not allowing a three foot side yard fence in cases in which the sideyard is adjacent to the alley. He said the main problem is making the turn from one ten foot alley to another, which was the limit of his intent when he requested this item. Motion by Council Member Hedges to direct staff to develop flexible guidelines for referral to the Planning Commission to address the tee alley problem and to give consideration to prohibiting'sideyard fences parallel to an alley or tee lots. Tom Hyans, Central Newport Beach Community Association, pointed out that the Ebell Club lots are only 70 feet deep and the Council may want to take that into consideration. He noted that there are some shallow lots on the peninsula. Without objection, the motion carried by acclamation. ® 28. ORAL REPORT CONCERNING GARAGE SALE REGULATIONS. (Request of Council Member Glover.) Planning Director Temple explained that prior to this year the City had no specific regulations in regard to garage or yard sales. With the adoption of the new zoning code the City enacted limitations on these activities in residential districts for the first time. The limitations adopted include: 1) must be limited to sale and trading of used personal property; 2) must be conducted on the premises of the property owner; 3) limited to a maximum period of 48 hours; and 4) limited to no more than twice per year. Regulation of garage and yard sales pursuant to these regulations is handled on a complaint basis and generally enforcement has not posed a problem. She said staff feels the regulations are adequate to address these activities in residential neighborhood. She reported that there is a new type of residential sales activity (estate sales) that is growing in prominence in the City and is not currently addressed by the code. Estate sales differ from garage sales in that they usually involve an outside managing company, more intensive and sophisticated advertising, and are longer in duration. Since these activities are currently virtually unregulated some new provisions could be considered. The suggested limitations would be no sale or display of merchandise outside the residence, no merchandise outside the estate can be brought in for the sale, limited to sL maximum duration of 72 hours, and the operator of the estate sale be required to obtain appropriate business licenses. If so directed, staff can prepare amendment language and ® would include them in pending housekeeping amendments to the zoning code. Volume 51 - Page 374 INDEX No report City of Newport Beach City Council Minutes July 2S, 1997 ® Council Member Glover reported that she has received calls about people selling new t- shirts on a weekend basis and clarified that when that occurs the police should be contacted. Ms. Temple stated that if it is a common problem code enforcement should also be made aware of the problem as well, since they can go out on the weekend and inform the people of the limitations of the code. She said that the code enforcement officer reported that his general experience is that once people are informed of the limitations they most generally cooperate. Council Member Glover also noted that antique dealers are bringing in their own products and putting them in front yards to sell. Motion by Council Member Hedees directing staff to prepare code amendments to address the concerns with garage and estate sales. Council Member Noyes voiced concerns with people stapling or nailing garage sale signs into the trees and noted that there is an ordinance prohibiting this type of activity. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ® ADJOURNMENT - 10:20 p.m. The agenda for the Regular meeting was posted on July 23, 1997 at 3:25 p.m. and the Supplemental Agenda was posted on July 25, 1997 at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk II o ems. �/ , f a" Recording Secretary Volume 51 - Page 375 [lo 1 ] `