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HomeMy WebLinkAbout05/11/1998 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 11, 1998 - 7:00 p.m. INDEX separate minutes CLOSED SESSION - 5:30 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR, REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Council Member Debay. Invocation by Bishop Weatherford T. Clayton, Church of Jesus Christ of Latter -Day Saints Newport Beach Second Ward. • Presentation Acknowledging El Nifio Clean -up Assistance. Mayor Edwards presented certificates to Daryl Landrum and Bill Hamilton. Others to be recognized, but were unable to attend, included Sea Scout Manager Bill Mountford, Sea Scout Ship No. 5058 Triton, and Explorer Ship No. 5711 Del Mar. Proclamation Declaring May 18 -25, 1998, as "National Beach Safety Week ". Marine Safety Officer and President of the Newport Beach Marine Safety Officers Association, Mike Halphide, presented Council with the 75th Anniversary Association T- shirts. He also provided water safety tips. Proclamation Declaring June 6, 1998, as "Clean Harbor Day". Bill Culbertson stated that Bill Hamilton started "Clean Harbor Day" 18 years ago. Today, residents assist with funding and volunteer their time to expand the program to operate year. round. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Mayor Pro Tem O'Neil reported that the 17th Annual Corona del Mar Scenic 5K Run will be held Saturday, June 6; that anyone can register at City Hall; and that the $18 registration fee includes a T -shirt and breakfast. • Council Member Noyes requested that certain outdoor dining permits be referred back to the Planning Commission. Volume 52 - Page 18 City of Newport Beach City Council Minutes May 11, 1998 INDEX • CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE SPECIAL AND REGULAR MEETINGS OF APRIL 27, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. ORDINANCE FOR ADOPTION 3. ORDINANCE NO. 98 -10 ADDING TERRITORIES KNOWN AS Ord 98 -10 "SEAWARD" AND "SHELTON" TO COUNCIL DISTRICT SIX. Adopt Seaward/Shelton Ordinance. Annexations (21) RESOLUTION FOR ADOPTION 4. RESOLUTION NO. 98 -29 AMENDING PARKING TIME LIMITS ON Res 98 -29 BAYVIEW WAY. Adopt Resolution limiting the parking of vehicles on Bayview Way certain streets and rescinding Resolution No. 97 -84. Parking (85) • CONTRACTS AND AGREEMENTS 5. NEWPORT BOULEVARD AND COAST HIGHWAY "ARCHES" C -2886 INTERCHANGE IMPROVEMENTS (C- 2886). Approve a Cooperative BA -067 Agreement with the State of California to provide for the addition of storm Arches Interchange/ drain work to the Arches Interchange Contract and authorize the Mayor and Newport Blvd & the City Clerk to execute the agreement; authorize an amendment to the Coast Highway Cooperation Agreement with the County Sanitation District of Orange (38/40) County (CSDOC) to add sewer relocation work required by the storm drain construction; approve a change order with Brutoco Engineering and Construction, Inc., to add the storm drain and utility relocation work to the Arches contract; authorize an amendment to the professional services agreement with MK Centennial to provide additional constructions management services for the storm drain construction and utilities relocation work; and approve budget amendments (BA -067) necessary to appropriate funds for the storm drain construction and utility relocation work. 6. LICENSE RENEWAL WITH SHERIFF'S DEPARTMENT FOR C -3211 SIGNAL PEAK COMMUNICATIONS FACILITY. Approve the execution Signal Peak of a renewal agreement for the Police Department to continue operating its Communications communications equipment from Signal Peak. Facility (38) 7. COMPLETION AND ACCEPTANCE OF MARGUERITE AVENUE C -3171 SEWER MAIN IMPROVEMENT PROJECT (C- 3171). Accept the work; Sewer Main authorize the City Clerk to file a Notice of Completion; and authorize the • Improvementf City Clerk to release the "Performance Bond" 35 days after the Notice of Marguerite Ave Volume 52 - Page 19 City of Newport Beach City Council Minutes May 11, 1998 INDEX • Completion has been recorded with the applicable portions of the Civil Code. 1 (38) 8. COMPLETION AND ACCEPTANCE OF KINGS ROAD STORM C -3122 DRAIN IMPROVEMENTS (C- 3122). Accept the work; authorize the City Storm Drain Clerk to file a Notice of Completion; and authorize the City Clerk to release Improvements/ the bonds 35 days after the Notice of Completion has been recorded in Kings Road accordance with applicable portions of the Civil Code. (38) 9. AWARD OF CONTRACT FOR THE LIDO ISLE SEWER FORCE MAIN C -3183 REPLACEMENT (C- 3183). Approve the plans and specifications; award Sewer Force contract Alternative "A" to D.M. Kissling for the total price of $173,695 and Main Replacementl authorize the Mayor and the City Clerk to execute the Contract. Lido Isle (38) 10. Removed from the Consent Calendar at the request of Dolores Otting. 11. AWARD OF CONTRACT FOR THE BAYSIDE DRIVE PARK C -3149 RENOVATION (C- 3149). Approve the plans and specifications; award Bayside Drive contract to Green Giant Landscape, Inc. for the total price of $71,240.75 and Park Renovation authorize the Mayor and the City Clerk to execute the contract; and (38) establish an amount of $3,759 to cover the cost of materials testing and additional work. MISCELLANEOUS ACTIONS • 12. Removed from the Consent Calendar at the request of Council Member Glover. 13. NOMINATIONS TO FILL ECONOMIC DEVELOPMENT COMMITTEE EDC VACANCIES. Accept the nominations of Tom Hogan to fill the Lido District (24) vacancy; Bob Dunham to fill the vacancy left by Michael Stephens (Strategic Organizational Management); and Bob Thagard to fill the vacancy left by Ralph Rodheim (Community Based Marketing). 14. ORANGE COUNTY TAXI ADMINISTRATION PROGRAM ( OCTAP) I C -3142 REPORT (Requested by Council Member Hedges). Receive and file. OCTAP (38) 15. RESUBDIVISION NO. 1024 - LOCATION: 617 TO 619 LIDO PARK Resub 1024 DRIVE/ DEVELOPER: 701 LIDO PARK PARTNERSHIP. Approve the (84) improvement plans and specifications and accept the public improvements constructed in conjunction with Resubdivision No. 1024; authorize the City Clerk to release the faithful performance surety; and authorize the City Clerk to release the labor and material surety in six months provided no claims have been filed. 16. Removed from the Consent Calendar at the request of Dolores Otting. • 17. Removed from the Consent Calendar at the request of Council Member Noyes. Volume 52 - Page 20 City of Newport Beach City Council Minutes May 11, 1998 • appointment of Pete Committee. ITTEE APPOINTMENT. Confirm John Hedges' Avia Drummond as the District 1 Alternate to the Aviation (24) Motion by Mayor Pro Tern O'Neil to approve the Consent Calendar, except for the item removed (10, 12, 16, and 17). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 10. AWARD OF CONTRACT FOR THE RECLAIMED WATER PUMP STATION FOR THE NEWPORT BEACH COUNTRY CLUB AND BIG CANYON COUNTRY CLUB (C- 3186). • 12. 16. • Dolores Otting stated that she visited Big Canyon Country Club and was disappointed with the condition of the greens. In response to her questions, City Attorney Burnham stated that the City has an agreement with IRWD that limits the amount of reclaimed water discharged into the Bay. Motion by Council Member Glover to approve the plans and specifications; award contract to F.T. Ziebarth Company for the total price of $621,700 and authorize the Mayor and the City Clerk to execute the contract; establish an amount of $31,000 to cover the cost of materials testing and additional work; and approve budget amendment (BA -066) transferring funds in the amount of $99,370 from the Big Canyon Reservoir Disinfection Modification account to the Reclaimed Water Irrigation Improvement account. Without objection, the motion carried by acclamation. PLANNING COMMISSION AGENDA FOR MAY 7, 1998. Motion by Council Member Glover to pull Tentative Tract 15607 and Modification 4688 [April 23 Planning Commission Meeting] for Council action at the May 26 meeting and receive and File the remainder of the May 7, 1998, Planning Commission Agenda. City Manager Murphy reported that this project was listed at the last Council meeting and that, within the period that it can be called up, Council Member Glover notified the Planning Director with concerns. He stated that this requires Council ratification under the call policy. Substitute motion by Council Member Hedges to move this matter to the end of the meeting until more information can be reviewed. Following discussion, the substitute motion carried by acclamation. PROPOSED SPONSORSHIP OF TRASH RECEPTACLES IN NEWPORT BEACH. Dolores Otting questioned the recommendation, expressing the opinion that the current beach receptacles are unsightly. She noted that the City can make revenue from the sponsorship. Volume 52 - Page 21 INDEX C -3186 BA -066 Reclaimed Water Pump Station (38140) Planning (68) Trash Receptacles (44) City of Newport Beach City Council Minutes May 11, 1998 General Services Director Niederhaus explained that the City has 300 receptacles already in use and 200 on reserve that are sized for the current trucks. He reported that the receptacles are repainted annually and that a new system cannot be changed over easily. Motion by Mavor Pro Tern O'Neil to accept the recommendation of the City Council Harbor, Beaches, and Parks Committee to not enter into an Orange Coast Marketing Coalition agreement for sponsorship of trash receptacles in Newport Beach. Following discussion and without objection, the motion carried by acclamation. 17. PROPOSED LIFEGUARD VEHICLE SPONSORSHIP. Council Member Hedges noted that the recommendation is to approve the $22,000 annual benefit for trucks, which is less than the previous item's benefit of $37,000. He expressed the opinion that, if the benefit is an adequate reason to reject the receptacles, than it is a reason to reject this recommendation. Motion by Council Member Hedees to reject the recommendation of the City Council Harbor, Beaches, and Parks Committee to enter into an Orange Coast Marketing Coalition agreement for sponsorship of lifeguard vehicles. Motion died for lack of a second. Council Member Glover stated that she and Council Member Noyes, who attended the Harbor, Beaches, and Parks Committee meeting, felt the receptacle logos were inappropriate. She expressed the opinion that the logos on the vehicles would be more visually acceptable for the beaches. Motion by Council Member Glover to accept the recommendation of the City Council Harbor, Beaches, and Parks Committee to enter into an Orange Coast Marketing Coalition agreement for sponsorship of lifeguard vehicles. In response to Council Member Noyes' question regarding the $22,000 benefit to the City, City Manager Murphy stated that one of the challenges is that there is no assurance that the City will continue this program in the future. If there were, the City could permanently eliminate any money set aside for replacement costs. He noted that the City will still need to maintain the vehicles and continue to set aside replacement funds since this is only a two year program with an option to renew for an additional two years. Deputy Fire Chief Tony Melum believed that the $22,000 benefit included the savings in General Service funds. Council Member Debay noted that, in addition to the savings, Chevrolet will be providing the City with 8 pick -up trucks and 3 Blazers. Council Member Hedges expressed the opinion that the number of vehicles is irrelevant to the savings as there will now be more advertising vehicles on the beaches. He stated that this puts the City in a difficult position when it Volume 52 - Page 22 INDEX C -3221 Lifeguard Vehicle Sponsorship (38/51) City of Newport Beach City Council Minutes May 11, 1998 • cannot turn down small amounts of money. He believed that visitors to the beaches are trying to get away from that type of environment and that the beach residents do not want to see beaches turn into a "traveling billboard." The motion carried by the following roll call vote Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: Hedges Abstain: None Absent: None PUBLIC COMMENTS Dolores Otting took issue that today's study session at 4 p.m. was not televised. She believed that it is in the contract that all meetings be televised and that Council needs to open City Hall to the public, especially since this is an election year. PUBLIC HEARINGS 18. PUBLIC HEARING TO RECLASSIFY PROPERTY LOCATED AT 1800 -1806 WEST BALBOA BOULEVARD FROM THE TWO FAMILY RESIDENTIAL DISTRICT TO THE RETAIL AND SERVICE • COMMERCIAL DISTRICT AND TO AMEND THE HEIGHT LIMITATION ZONE MAP TO PLACE THE SUBJECT PROPERTY INTO THE 26/35 HEIGHT LIMITATION ZONE (PLANNING COMMISSION AMENDMENT 871) [GENERAL PLAN AMENDMENT 98 -1(A) AND LOCAL COASTAL PROGRAM AMENDMENT 501. Mayor Edwards opened the public hearing. Craig Morissette, 1826 West Balboa Boulevard, expressed concern that this project would increase traffic flow in the alley and questioned if there was enough off - street parking. He suggested that hotel guests turn directly onto 18th Street rather than into the alley. Planning Director Temple reported that the project involves reclassifying four lots; however, only one lot is being changed from residential to commercial and being converted from two family units to five hotel rooms. Further, the project provides for three additional parking spaces. She stated that access from 18th Street will be maintained and that the Planning Commission was convinced that there was sufficient off - street parking in the City's lot along West Bay to accommodate the hotel's peak nighttime parking demand. She added that the Planning Department has the full project plans and elevations and that Mr. Morissette is welcome to review them. In response to Council Member Hedges' questions, Ms. Temple stated that the existing hotel is a legal non - conforming use on three lots and that the • lots are being changed to commercial. She reported that the duplex will be remodeled and attached via connector bridges to exterior hallways and the parking area. Ms. Temple stated that the approval would be similar if the Volume 52 - Page 23 INDEX Ord 98 -11 Res 98 -30 Res 98 -31 PCA 871 /Zoning (94) City of Newport Beach City Council Minutes May 11, 1998 • applicant wanted to tear down the duplex and build an addition; however, a variance for non - conforming floor area will need to be approved. She stated that she was unsure about how many rooms could be built on the floor area and that the Planning Commission did receive a presentation and discussed parking requirements with the applicant. Council Member Hedges expressed concern that the Peninsula is inconsistent in commercial area designs. Ms. Temple noted that the proposal is to remodel the current structure but change the material to make it consistent with the existing hotel. Fred Pratt, applicant, 1800 Balboa Boulevard, stated that the intent is not to demolish the duplex since it borders on the parking lot. He noted that the hotel has been maintaining the bordering side of the duplex and the surrounding area to achieve an attractive appearance. He reported that exterior walkways will be used between the two properties to give the appearance of being a part of the original building. Mr. Pratt explained that the project was designed so that the existing duplex's two carports that enter onto the alleyway will be closed to reduce alley traffic; that the parking lot will be the only place to access the two carports; that 18th Street will only be accessible through the hotel parking lot; and that the municipal parking lot on 18th Street and Balboa Boulevard can accommodate hotel parking during the evening hours. • In response to Council Member Hedges' concern, Mr. Pratt described the current outlay of the hotel and stated that room access will be placed off -site of the main street. He noted that there is only about 10 feet separating the two buildings and that the duplex will look like a part of the hotel from Balboa Boulevard. He added that the carports will be closed off so that the alleyway will not be impacted. Motion by Council Member Hedaes to continue this matter to the June 8 meeting and direct staff to provide Council with project plans. Mr. Pratt stated that the continuance delays their potential to make money and that everyone who has looked at the project agreed that it is an upgrade for the area. Substitute motion by Council Member Deba to vote on the matter, pending Council Member Hedges' review of the plans and elevations. Motion died for lack of a second. In response to Council Member Noyes' question, Mr. Pratt indicated that the project cannot proceed without the Coastal Commission's approval. However, the Coastal Commission cannot approve the project until it has been approved, in concept, by Council. He indicated that the property has been purchased and the plans are ready to go to the Building Department. Council Member Noyes expressed the opinion that the plans are innovative • and noted that Mr. Pratt is a longtime, successful operator of the hotel. Motion by Council Member Debav to move this item to the end of the Volume 62 - Page 24 ing agreement and the pre- annexation agreement with The Irvine Company are stall Volume 52 - Page 25 City of Newport Beach City Council Minutes May 11, 1998 • INDEX meeting and direct staff to provide project plans and elevations. Without objection, the motion carried by acclamation. 19. PUBLIC HEARING TO ADD CHAPTER 20.89 TO TITLE 20 OF THE Ord 98 -12 NBMC TO ESTABLISH REGULATIONS FOR THE OPERATION OF Alcoholic RETAIL ALCOHOLIC BEVERAGE OUTLETS AND TO REVISE Beverage Outlets SECTION 20.82.050 TO EXEMPT ACCESSORY OUTDOOR DINING PCA 869 /Zoning FROM THESE REGULATIONS (PLANNING COMMISSION (94) AMENDMENT 869). Motion by Council Member Debay to continue the Public Hearing to the May 26, 1998, Council meeting. Council Member Glover stated that it is her understanding that the Restaurant Association has not had enough time to review the item. Council Member Noyes supported the motion, stating that Council should receive as much input as possible. City Manager Murphy reported that the Police Chief and the Assistant City Manager were prepared to address Council tonight and that the Police Chief will be unavailable in two weeks. He stated that he is aware that the Restaurant Association indicated they did not have time to review the item, but pointed out that there was discussion before the Planning Commission and extensive noticing. He indicated that the other alternative would be to • introduce the ordinance, open the public hearing, and then continue the hearing since the ordinance requires two readings. Council Member Glover expressed the opinion that people generally do not attend Planning Commission meetings because they believe they should address City Council. Mr. Murphy stated that he spoke with Dan Marcheano (President of the Newport Beach Restaurant Improvement District) who indicated that he was comfortable with the alternate approach. In response to Mayor Edwards' question, City Attorney Burnham stated that the item can be continued without opening the public hearing. Council Member Debay stated that the motion was to continue the public hearing but that she did not say that Council could not receive testimony. The motion carried by the following roll call vote: Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes Noes: Mayor Edwards Abstain: None Absent: None CONTINUED BUSINESS 20. UPDATE ON NEWPORT COAST ANNEXATION. Newport Coast Annexation (21) • Assistant to the City Manager Kiff stated that the IRWD toll ing agreement and the pre- annexation agreement with The Irvine Company are stall Volume 52 - Page 25 • • City of Newport Beach City Council Minutes May 11, 1998 outstanding issues. Motion by Council Member Debay to receive and file report; and continue the decision on filing a Resolution of Intent to annex the Newport Coast for 30 days. In response to Council Member Hedges' concerns, City Manager Murphy clarified that the City has not hired additional personnel but sent 3 current employees to paramedic school. He noted that none of the programs under the "New Programs" budget column will be implemented until and unless an annexation occurs. Without objection, the motion carried by acclamation. CURRENT BUSINESS 21. BALBOA PENINSULA SIGN INVENTORY. Planning Director Temple utilized slides (included in the staff report) to review the findings. She reported that an intern was hired to conduct the study of the nearly 1,000 signs. The study discovered that there are a large number of signs that conform to the current sign code but do not have permits and that there are a high number of signs that are non - conforming and do not have permits. Additionally, there are a few buildings that have conforming signs through the sign program (approved by the Modification Committee). Ms. Temple stated that staff needs direction from Council relative to potential alterations to the Peninsula sign code provisions. She indicated that enforcement of the current sign code can occur; however, since there has been interest in reviewing the sign code, an alternative approach would be to commence the study and determine changes, if any, to the sign code. In this case, she stated that the City may wish to delay any enforcement or amortization of non - conforming signs pending the outcome. In response to Council Member Hedges' question, Assistant City Manager Wood indicated that no work has been done to revise the sign ordinance and that it is budgeted for the next fiscal year. Motion by Council Member Hedyes to receive the report and direct staff to conduct no enforcement on existing signs, until a revised sign ordinance is adopted; and revise the current sign ordinance. Council Member Thomson requested and received clarification that the intern who conducted the study works 30 to 35 hours a week and is funded by CDBG money. Council Member Glover stated that there is a sign problem on Mariner's Mile and that the City would be able to clean -up many of the non - conforming signs if it enforced the current sign code. She expressed concern that • revising the sign code may be an impossible task. Ms. Wood stated that the revision may be limited to the Balboa Peninsula as there is a good outreach program and meetings occurring with the PROP Committee. Council Volume 52 - Page 26 `I lu l] 0►:1 Sign Inventory (68) • City of Newport Beach City Council Minutes May 11, 1998 Member Glover suggested localizing the revisions. Council Member Noyes suggested amending the motion to localize the sign code revisions for the Peninsula and bring the revisions to the PROP Committee for review. Following discussion, Council Member Hedges suggested bringing back the revision to Council for introduction before October. Council Member Debay suggested that code enforcement mitigate the signs on abandoned buildings immediately. The maker of the motion concurred with the amendments. Without objection, the amended motion to receive the report and direct staff to conduct no enforcement on existing signs, except for those on abandoned buildings, until a revised sign ordinance is adopted; revise the current sign ordinance and take it to the PROP Committee for review; and bring the ordinance before Council for introduction prior to the October 12, 1998, Council meeting carried by acclamation. 22. STANDING CITY COUNCIL COMMITTEES (Requested by Mayor Edwards). Assistant to the City Manager Kiff reported that the Legislative Committee met last Tuesday and recommended that Council disband the Standing • Council Committees (this does not affect the citizen advisory committees or the Council/citizen advisory committees). Mayor Edwards stated that he sent this issue to the Legislative Committee since many of the same issues have been sent to several Committees and since staff and Council constantly have to attend meetings. He believed that the study sessions will allow the entire Council to decide issues, provide direction to staff, and receive additional public input. Council Member Debay received clarified from City Manager Murphy that it has been the practice for Council to provide direction, but not take final action on any issue, during study sessions. Council Member Glover stated that this method may make it easier for citizens to be apprised of all the issues because they would not need to attend various Committee meetings, which take place in the daytime and have never been televised. She agreed with having the full Council discuss issues and stated that there needs to be better advertising of study sessions. Council Member Noyes suggested televising the study sessions so that there is easy- access to City actions. He expressed the opinion that it may be unrealistic to only have a study session every quarter and suggested conducting them once a month. Council Member Hedges expressed the opinion that Council should proceed • slowly. He cautioned that taking an item to several Committees may be a violation of the Brown Act as there is a quorum of the decision - making body hearing the same issue before taking action. He stated that there is no Volume 52 - Page 27 INDEX Council Committees (24) • City of Newport Beach City Council Minutes May 11, 1998 `�� policy that prohibits staff from "shopping" an issue around to more than one Committee in an attempt to find out Council's votes. Council Member Hedges believed that disbanding City Council Standing Committees may transfer authority to staff with less input from the policy - makers. He stated that this also denies the public the ability to be involved in the ground floor of the policy- making and public review processes. He noted that Committee meetings do not have to be long, that there is no need for a lot of meetings, and that the number of Committees has decreased from 21 to 5 since he has been on Council. Mayor Pro Tem O'Neil supported the recommendation, expressing the opinion that the Standing Committees are not working well since it is getting more difficult to get full Committee participation; the Committees meet early in the day; there is very little public participation; and it is difficult to get a unanimous vote. He stated that sometimes the Committees' best action is to refer the issue to Council and suggested trying this method for a year. Mayor Pro Tem O'Neil also agreed that the study sessions should be televised. He pointed out that Council is currently involved in 5 ad hoc committees, 3 citizen advisory committees, 5 standing committees, and 2 Council meetings, plus regional commissions and boards. He added that with all these meetings, on a part -time basis, it is getting harder to become an effective part of the community. • Motion by Mayor Pro Tem O'Neil to restate the City Council's interest in maintaining its key vehicles for community input, including the City's Boards and Commissions, Council/Citizens' Ad Hoc Advisory Committees, and Citizens Advisory Committees; direct the City Manager to schedule a City Council Study Session at least once each quarter; authorize the Mayor to call for a special City Council Study Session on any matter more frequently than once each quarter; direct that the City Council Study Sessions be televised; adopt Resolution No. 98 -32 which disbands the City's five Standing City Council Committees (Finance; Harbor, Beaches, and Parks; Legislative; Public Safety; and Public Works) via the repeal of Resolutions Nos. 94 -110, 94 -111, 94 -112, 94 -113, 95 -137, 96 -100, and 96 -101; and directed City staff to report back with a City Council item that amends Council Policies A -9, F -1, F -3, F -4, F -7, and F -18 (and any other Policies not yet identified which refer to Standing City Council Committees) to remove references to Standing City Council Committees. Council Member Debay supported a trial period, even though she believed that having more staff available at the Committee meetings is one of the benefits of the Committee format. She expressed concern that the City may not be able to afford having all the staff members at the study sessions. She wanted verification that, if the new method does not work, Council has the option to return to the Standing Committee method. Council Member Noyes agreed that the study session is a benefit since there is always someone that thinks of something that the others may not have • thought about. He believed that a trial period is important and agreed with televising the meetings. Volume 52 - Page 28 City of Newport Beach City Council Minutes May 11, 1998 • Dolores Otting hoped that Council moves slowly with this item. She expressed the opinion that there were a lot of expensive staff members in the room during the budget study session. She agreed with the Committee process as staff will be sitting around during study sessions. She stated that Council is not getting the public participation it needs. Mayor Pro Tern O'Neil stated that very few citizens attend the meetings because they watch the televised meetings. Following discussion, the motion carried by the following roll call vote Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: Hedges Abstain: None Absent: None 23. POTENTIAL STATE REPEAL OF THE VEHICLE LICENSE FEE (VLF). Motion by Council Member Hedges to receive and file report; and support efforts to repeal the VLF. Motion died for lack of a second. Motion by Mayor Pro Tern O'Neil to receive and file the report; and direct • staff and the City's Legislative Advocate to monitor the legislature's actions regarding VLF and to support efforts that may maintain or enhance a strong revenue base for the City. Council Member Glover requested and received clarification from City Manager Murphy that "situs exchange" is the manner by which the State allocates sales tax points. He stated that the per capita distribution method has also been discussed. Assistant to the City Manager Kiff confirmed that McClintoch has not gotten to the specificity of which method to take. Council Member Debay stated that she was in Sacramento two weeks ago. She believed that the problem exists because the State wants to return money that has been supporting City services directly to taxpayers. She believed that everyone should watch out for this issue as it may impact the City. In response to Council Member Hedges' question, City Manager Murphy stated that the recommendation to "support efforts that may maintain or enhance a strong revenue base for the City" is part of the first approach by the League of California Cities. The first option is to oppose the efforts to repeal the VLF; the second is the State debate of how to support it, provided there are locked in guarantees to replace the revenue. Council Member Hedges stated that he opposes the motion. He expressed concern that this is a radical recommendation regarding the return of • taxpayer money. Further, that he cannot support sending people to Sacramento to oppose this. Volume 52 - Page 29 INDEX Vehicle License Fee (28/40) City of Newport Beach City Council Minutes May 11, 1998 • Council Member Glover stated that, although Council supports the State Legislature trying to reduce the registration fee, this action will create a local shortfall. She reported that the Governor of Virginia went into their state operating budget and sent it back to the cities. She stated that the question is whether the cities pull it out of their operating funds or the State's. Mr. Kiff stated that 5 or 6 states are pursuing Virginia's method. Mayor Edwards clarified that a repeal of the VLF will eliminate the need to pay the fee. Although he personally would not like to pay the VLF, he stated that, as a Council member, he has an obligation to maintain the City's revenue base. He noted that the State took away the City's property tax revenue (about $3 million) in 1992. Mayor Edwards questioned whether the VLF revenue will be backfilled with sufficient revenue to continue maintaining the quality of the City. He stated that the repeal will happen and questioned how the cities will receive the backfill guarantee. Council Member Debay stated that the League is suggesting generating a constitutional amendment that would guard city funds. Council Member Hedges expressed the opinion that city government is threatened with having the revenue stream reduced and that the cities will not return the VLF directly to taxpayers, but spend it. Mayor Pro Tem O'Neil believed that there is a certain amount of revenue • that a city must raise to maintain municipal services. He noted that only 15 cents of every dollar of property tax goes to the City; and when the State shifted property tax to balance their budget, that took money from the City. He believed that the City is run frugally and that the backfill should be made up through return of sales tax money. He stated that he does not have a problem repealing the VLF if there were assurances that the sales tax will come back and stay in the City. Council Member Glover suggested demanding that the State cut back their budget. Council Member Thomson stated that everyone is against paying another tax, but noted that the State took away the property tax. He stated that the City is in a dilemma as to where the replacement money will come from and believed that the City should not be spending its money trying to lobby this issue. The motion carried by the following roll call vote: Ayes: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: Hedges Abstain: None Absent: None 24. BACK BAY DRIVE UPDATE. • Public Works Director Webb distributed photos illustrating the closed areas due to landslides or washouts. He reported that the City has been Volume 52 - Page 30 INDEX Back Bay (74) City of Newport Beach City Council Minutes May 11, 1998 • unsuccessful in obtaining a permit from the U.S. Fish and Wildlife Service since the endangered Light - Footed Clapper Rail began nesting closer to the closed roadway. In response to Council Member Debay's questions, Mr. Webb stated that the area originally required a Corps of Engineers permit; however, their management turned the request over to the U.S. Fish and Wildlife Service because of the endangered species that are in the area. Regarding the closure, Mr. Webb stated that the gates make it difficult to enter but that he found about 20 people who climbed through the fences when he was taking the photos. Council Member Debay expressed the opinion that the U.S. Fire and Wildlife Service should indemnify the City of liability if they do not issue the permits. City Manager Murphy stated that the City has taken steps to more aggressively close the gates but that people are still getting through. Council Member Thomson stated that the City needs to do something to open Back Bay Drive for public access, but not necessarily to vehicles. Mr. Murphy explained that a permit is needed to do the work, and that fines may be imposed if the work is done without permits. He added that there may be long term difficulties when working with these agencies in the future if the City took such a step. Council Member Thomson suggested contacting Congressman Chris Cox for assistance. • In response to Mayor Edwards' question, Mr. Webb stated that it may be easier to open Back Bay Drive to pedestrian and bicycle traffic, without automobiles; however, the bridge would need to be repaired completely and the washout on the roads would need to be cleared before it would be safe for pedestrian and bicycle traffic. He noted that the main sanitation sewer line is 3 -feet from the washout and that he would not like to see any more erosion and cave -in if the line were exposed. Council Member Glover also believed that vehicles should not be allowed on Back Bay Drive. She questioned if emergency vehicles will have access if pedestrian and bicycle traffic were only permitted. Mr. Murphy stated that the long -term use of the roadway is subject to Council discretion and that the past decision has been made to leave it open to all forms of traffic. He noted that it is not useable for anything at this point since the City needs the permits to clear the roadways. He assured that emergency vehicles will have access to the roadway. Motion by Council Member Thomson to receive the report and direct staff to aggressively pursue the necessary permits from the U.S. Fish and Wildlife Service. Jan Vandersloot, 2221 East 16th Street, suggested postponing the Back Bay Drive repair until after September 15. He stated that the three month delay is necessary for the nesting period and increases the chances of survival for the Light- Footed Clapper Rail. He stated that Back Bay Drive is one of • three places that the Clapper Rail has any substantial nesting site. He believed that the wait would not be inconvenient for the City and that he does not see the urgency. Volume 52 - Page 31 INDEX City of Newport Beach City Council Minutes May 11, 1998 • Without objection, the motion carried by acclamation. 25. UNSCHEDULED VACANCY ON THE LIBRARY BOARD OF TRUSTEES (RESIGNATION OF FRANK LYNCH) AND APPOINTMENT BY MAYOR TO AD HOC APPOINTMENTS COMMITTEE TO REVIEW APPLICATIONS AND MAKE RECOMMENDATIONS TO THE FULL COUNCIL FOR THE BOARD AND COMMISSION VACANCIES SCHEDULED TO OCCUR ON JUNE 30, 1998. Motion by Mayor Edwards to accept the resignation of Frank Lynch, Library Board of Trustees, effective April 21, 1.998 (term expires June 30, 1999); waive noticing and appointment requirements pertaining to unscheduled vacancies as outlined in City Council Policy A -2; direct the City Clerk to incorporate the appointment for this vacancy with the appointments to fill the scheduled vacancies (terms which expire on June 30, 1998); and authorize Mayor Edwards, in conformance with City Council Policy A -2, to appoint Mayor Edwards, Mayor Pro Tem O'Neil, and Council Member Noyes to serve on an ad hoc Appointments Committee to review applications and make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 1998. Without objection, the motion carried by acclamation. • 12. PLANNING COMMISSION AGENDA FOR MAY 7, 1998. Council Member Glover stated that her district is an older area that does not have the planned communities of other districts. She noted that these types of projects need to be looked at more closely and stated that the architect for this project informed her that the Planning Commission did not ask to review the plans. She requested an opportunity to review the plans to ensure that the project is contiguous with the older community. Mayor Edwards noted that Condition 3 is the landscape and irrigation plan and that it needs Building Department approval. Council Member Glover stated that going to the Building Department would not be the opportunity for residents or herself to provide input as she does not have the authority to negotiate with them. In response to Council Member Debay's question, Council Member Glover stated that her concern mainly deals with street front and parking issues, and the retaining of the trees in the district. Motion by Council Member Glover to pull Tentative Tract 15607 and Modification 4688 [April 23 Planning Commission Meeting] for Council action at the May 26 Council Meeting and received and filed the remainder of the May 7, 1998, Planning Commission Agenda. • Without objection, the motion carried by acclamation. 18. PUBLIC HEARING TO RECLASSIFY PROPERTY LOCATED AT Volume 52 - Page 32 INDEX Library Board of Trustees/ Board and Commission Vacancies (24) City of Newport Beach City Council Minutes May 11, 1998 • 1800 -1806 WEST BALBOA BOULEVARD FROM THE TWO FAMILY RESIDENTIAL DISTRICT TO THE RETAIL AND SERVICE COMMERCIAL DISTRICT AND TO AMEND THE HEIGHT LIMITATION ZONE MAP TO PLACE THE SUBJECT PROPERTY INTO THE 26/35 HEIGHT LIMITATION ZONE (PLANNING COMMISSION AMENDMENT 871) [GENERAL PLAN AMENDMENT 98 -1(A) AND LOCAL COASTAL PROGRAM AMENDMENT 501. Council Member Hedges expressed the opinion that the proposal brings up problems that the City has been dealing with on the Peninsula (piece -meal approvals) and that the project is not a high- quality addition to the neighborhood. He stated that he could support a hotel use on the space to expand the existing building and make it contiguous, but that this project merely connects the duplex to the building by a stairwell. He emphasized that this project does not conform to Council's desire to improve the overall look of the Peninsula. Motion by Council Member Hedges to deny the approval and encourage the landowner to bring forward another plan. Council Member Glover suggested continuing this item and have the plans and elevations brought back to Council. • In response to City Manager Murphy's comments, the maker of the motion concurred to approve the Newport Beach General Plan [GPA 98 -1 (A)], but deny the specificity of the project; and waive the applicant fees for the second plan submittal. In response to Council Member Thomson's question, Assistant City Manager Wood stated that tonight's hearing is the applicant's second hearing. Planning Director Temple stated that the approval of a use permit was in association with the Planning Commission's approval that involved a waiver of parking and approval of the new site plan. She stated that Council can approve the General Plan and zoning actions, and overturn the action of the Planning Commission regarding the use permit. She requested that the applicant be given direction regarding the alterations to the project. Ms. Temple added that the existing building is non - conforming with regard to height and that she believed that the applicant might have left the duplex in place because it conformed to the height limit. The motion to adopt Resolution No. 98.30 approving an amendment to the Land Use Element of the Newport Beach General Plan [GPA 98- 1(A)]; adopt Resolution No. 98 -31 approving an amendment to the Local Coastal Program Land Use Plan [LCP No. 50]; adopt Ordinance No. 98 -11 for Planning Commission Amendment 871; reverse Planning Commission's decision regarding the use permit; and waive the second applicant fee failed by the following roll call vote: • Ayes: Hedges, Glover Noes: Thomson, Debay, O'Neil, Noyes, Mayor Edwards Abstain: None Volume 52 - Page 33 INDEX u • City of Newport Beach City Council Minutes May 11, 1998 Absent: None Motion by Mayor Pro Tem O'Neil to adopt Resolution No. 98.30 approving an amendment to the Land Use Element of the Newport Beach General Plan [GPA 98- 1(A)]; adopted Resolution No. 98 -31 for approving an amendment to the Local Coastal Program Land Use Plan [LCP No. 501; and adopted Ordinance No. 98 -11 for Planning Commission Amendment 871. Council Member Hedges requested that the motion be amended to sunset the activities of the Peninsula Revitalization Committee as their actions are no longer relevant to the goals of revitalization. The maker of the motion did not accept the amendment. The motion carried by the following roll call vote: Ayes: Thomson, Debay, O'Neil, Noyes, Mayor Edwards Noes: Hedges, Glover Abstain: None Absent: None MOTION FOR RECONSIDERATION - None ADJOURNMENT - 9:21 p.m. in memory of Henry K. Swenerton. Mr. Swenerton was a long -time community and church leader and an executive for Southern California Edison. The agenda for the Regular Meeting was posted on May 7, 1998, at 8:50 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. J �1 W1 City Clerk • W � M Mayor Volume 52 - Page 34 INDEX