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HomeMy WebLinkAbout07/13/1998 - Regular MeetingCITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 13, 1998 - 7:00 p.m. INDEX CLOSED SESSION - 5:00 p.m [Refer to separate agenda from City Attorney] CLOSED SESSION REPORT PRESENTED L. A. CELLULAR'S AGREEMENT TO TERMINATE THE LICENSE AGREEMENT. Mayor Edwards announced that the City Council has previously approved and the City Attorney's office has recently finalized an agreement with L. A. Cellular to terminate the License Agreement for use of Bonita Creek Park. The agreement fully releases both the City and L. A. Cellular from all obligations contained in the License Agreement. Mayor Edwards stated that the City appreciates L. A. Cellular's cooperative efforts to resolve the concerns raised over the License Agreement, and that a copy of the mutual release would be available in the City Clerk's office. RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL • Present: Thomson, Debay, O'Neil, Glover, Noyes, Mayor Edwards Absent: Hedges Pledge of Allegiance - Council Member Glover. Invocation by George B. Vogel, Chief Chaplain VA Medical Center, Long Beach. Presentation to Okazaki Sister City. Fire Captain Tim Harlan, Deputy Fire Chief Tom Arnold and Mayor Edwards presented plaques to Mr. Sugiura and Mr. Hirayama of the Okazaki, Japan Fire Department. Mr. Sugiura and Mr. Hirayama thanked the City of Newport Beach for their hospitality and presented Mayor Edwards with a gift. Fire Captain Harlan introduced Scott Paulsen of the Sister City Committee, and recognized the Committee for their efforts. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Pro Tern O'Neil announced the Pacific Coast Triathlon to be held on July 26, 1998, with part of the proceeds from the event to benefit the City of Newport Beach Junior Lifeguard Program. Mayor Pro Tem O'Neil discussed the request of a residential property owner on Carnation for a variance to build another unit on the property. Mayor Pro Tern O'Neil stated that, due to some revisions to the Comprehensive General Plan in Volume 52 - Page 108 City of Newport Beach City Council Minutes July 13, 1998 • 1986, some areas were rezoned to R -2 with different height limits than those zoned to Multiple Family Residential (MFR). Mayor Pro Tern O'Neil requested that staff provide the City Council with information on where the MFR units are located, so that the City Council can decide whether to take action on making the height limits consistent or to rezone any of the areas. • Council Member Thomson congratulated the Newport Beach Major League All- Stars who recently finished their season. Council Member Thomson also recognized the 11 -12 year old division of the Newport Beach Quakes who will be traveling to Cooperstown, New York to play in a tournament, and the older Newport Beach Quakes who will be traveling to Tulsa, Oklahoma later in the summer. • Mayor Edwards announced that the City Council agenda for the current meeting does not include any items related to party boats. • Mayor Edwards also announced that the action before the City Council at the current meeting on the Bison and Jamboree Pilot Street Program was not to determine final resolution on the issue, but only to determine the process on how the issue will be addressed by the City Council. • Mayor Edwards congratulated Duffy Electric Boats for setting a world record on July 11, 1998, for an electric boat ride from Newport Beach to Catalina Island and back. • CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETINGS OF JUNE 22, 1998 AND ADJOURNED REGULAR MEETING OF JUNE 24, 1998. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. ORDINANCE FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. ORDINANCE NO. 98 -14 REGARDING CAUSE FOR REMOVAL AND STORAGE OF VEHICLES. Adopt Ordinance No. 98 -14 amending Subsection B to Section 12.40.190 of the NBMC pertaining to cause for removal and storage of vehicles. CONTRACTS AND AGREEMENTS 4. COMPLETION AND ACCEPTANCE OF OCEAN FRONT STREET ENDS IMPROVEMENTS FROM 56TH STREET TO 59TH STREET (C- 3151). Accept the work; authorize the City Clerk to file a Notice of Completion; and authorize the City Clerk to release the bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. Volume 52 - Page 109 INDEX Ord 98 -14 Removal and Storage of Vehicles (70) C -3151 Ocean Front Street Ends Improvements (38) City of Newport Beach City Council Minutes July 13, 1998 INDEX • 5. COMPLETION AND ACCEPTANCE OF UPPER CASTAWAYS C -3078 PASSIVE PARK (C- 3078). Accept the work; authorize the City Clerk to Castaways file a Notice of Completion; and authorize the City Clerk to release the bonds Passive 35 days after the Notice of Completion has been recorded in accordance with Park applicable portions of the Civil Code. (38) 6. CONSIDERATION OF ENCROACHMENT AGREEMENT NO. 98 -231 EP 98 -231 FOR IMPROVEMENTS TO PARKING FACILITIES AT 325 OLD Encroachment NEWPORT BOULEVARD. Approve the application subject to: 1) the Agreement/ execution of an Encroachment Agreement for non - standard improvements 325 Old Newport/ and authorize the Mayor and City Clerk to execute the Agreement and Parking Facilities authorize and direct the City Clerk to have the agreement recorded with the Improvements Orange County Recorder; and 2) an Encroachment Permit issued by the (65) Public Works Department; and 3) the conditions of the Planning Commission. 7. COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE C -3222 FOR PROTECTION OF SEAWATER PIPELINE DURING STORM BA -001 DRAIN CHANNEL IMPROVEMENT PROJECTS. Authorize the Seawater Director of Public Works and the City Attorney to execute a cooperative Pipeline/ agreement with the County of Orange for the protection of the Seawater Storm Drain pipeline during current and future storm drain improvement projects; and Channel approve Budget Amendment (BA -001) transferring funds in the amount of Improvements $50,000 from the Water Main Master Plan Improvement Program, Account Orange Co. • No. 7501- C5500074 to the Seawater Pipeline Improvement (Talbert (38/40) Channel), Account No. 7501- C5500457. MISCELLANEOUS ACTIONS 8. PLANNING COMMISSION AGENDA FOR JULY 9, 1998. Receive and Planning file. (68) 9. Item removed from the Consent Calendar by Council Member Noyes. 10. NOMINATION TO FILL ECONOMIC DEVELOPMENT COMMITTEE EDC (EDC) VACANCY. Approve the nomination of Craig Batley as the (24) representative for the Newport Pier area. 11. FY 1998 -99 CULTURAL ARTS GRANTS. Approve the recipients as Cultural outlined in the staff report for the FY 1998 -99 Cultural Arts Grants as Arts selected by the City Arts Commission in accordance with City Policy I -12 Grant (Reserve Fund for Culture and Arts). (62) 12. FINAL TRACT MAP, PACIFIC BAY HOMES, 2300 JAMBOREE TT 15332/ ROAD. Approve Final Map of Tract 15332, with the finding, and subject to Pacific Bay Homes the condition of approval set forth in Exhibit "A ". 2300 Jamboree 13. Item removed from the Consent Calendar by Council Member • Noyes. Volume 52 - Page 110 City of Newport Beach City Council Minutes July 13, 1998 • 14. BUDGET AMENDMENT (BA -003) TRANSFERRING $27,353 FROM GENERAL FUND RESERVES TO FIRE OPERATIONS PROFESSIONAL AND TECHNICAL SERVICES ACCOUNT, FOR THE PURCHASE OF EQUIPMENT NECESSARY TO CONVERT METRO CITIES COMMUNICATIONS CENTER TO 800 MHZ (contd. from 6/22/98). Authorize Budget Amendment (BA -003). 15. TREE REMOVAL REPORT (Requested by Council Member Glover). Receive and file. 16. APPROVAL OF BUDGET AMENDMENT (BA -002) TO APPROPRIATE UNEXPENDED FISCAL YEAR 1997 -98 GRANT FUNDS ($10,443) INTO FISCAL YEAR 1998 -99. Approve budget amendment. Motion by Mayor Pro Tem O'Neil to approve the Consent Calendar, except for the items removed (9 and 13). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 9. REQUEST FOR FEE WAIVERS FOR NEWPORT AQUATIC CENTER (NAC) BUILDING ADDITION. • Council Member Noyes stated that the Harbors, Beaches and Parks Committee reviewed the Newport Aquatic Center (NAC) lease when it was renewed without being aware of any complaints from the neighbors. When the complaints were brought to the attention of the Committee, an Ad -Hoc Committee was formed to resolve some of the issues. With the disbanding of the Harbors, Beaches and Parks Committee in May, 1998, Council Member Noyes stated that he believes the issues have been left unresolved. City Manager Murphy added that the staff report outlines the history and the nature of the request. City Manager Murphy agreed with Council Member Noyes that the complaints from the neighboring residents are probably still unresolved, and said that staff could follow up with the residents and come back to the City Council with a report on the status of the issues. Motion by Council Member Noyes to continue the item for 30 days. Anders Folkedal, 319 Morning Star Lane, a member of the Dover Shores Waterfront Committee, stated that he feels that the NAC should be treated equally and the same as other non -profit organizations. Mr. Folkedal stated that the NAC has not been a good neighbor and has increased noise and traffic in a residential area. Mr. Folkedal concluded by stating that the issues were not brought to the attention of the Harbors, Beaches and Parks Committee, and are still unresolved. . John Van Cleave, an attorney in Irvine, stated that he was involved in the formation and negotiations of the NAC, including the joint powers agreement and the ground lease. Mr. Van Cleave referred to the waiver of Volume 52 - Page 111 INDEX BA -003 800 MHz System (41/40) Tree Removal (44) BA -002 Unexpected Grant Funds (40) Fee Waiver/ Newport Aquatic Center (40/62) u • City of Newport Beach City Council Minutes July 13, 1998 fees for the NAC that was approved by the City Council in 1987. Mr. Van Cleave stated that the complaints of the neighbors do not relate to the waiver of fees. Mr. Van Cleave further stated that the improvements made to the NAC belong to the City and the County, making the waiving of the fees beneficial to the City and the County. Council Member Debay stated that she was concerned that a continuance of the item would delay the improvements and asked Mr. Van Cleave if the project was underway regardless of the decision made by the City Council. Mr. Van Cleave confirmed that the project was continuing, and that the payment of the fees is a separate issue. City Manager Murphy stated that the fees have already been paid and that if the City Council decided to waive those fees, the City would then process a reimbursement. Without objection, the motion carried by acclamation. 13. AMENDMENT TO COUNCIL POLICY L -16 (TEMPORARY BANNERS) AND APPROVAL OF'"1'ASTE OF NEWPORT" BANNERS. Council Member Noyes confirmed with City Manager Murphy that "Times Orange County" would appear on the banners, as presented in the staff report. Council Member Noyes stated that he was concerned about having a commercial endorsement on a banner to be posted on City property. City Manager Murphy stated that current policy does not permit this type of commercial message, and that, if approved, it would have to be done so on an exception basis. City Manager Murphy listed some of the criteria currently required for advertising banners in the public right -of -way, as stated in Council Policy L -16. Council Member Glover confirmed with City Manager Murphy that the City has not been a co- sponsor of the Taste of Newport event. Council Member Glover disagreed with changing the policy to have the City be a co- sponsor of such events. Council Member Glover stated that having the City Council review each request on an individual basis world make more sense. City Manager Murphy stated that the co- sponsor provision was intended to give the City more control over the banners. Mayor Edwards confirmed with City Manager Murphy that the Taste of Newport banners could be installed under the provisions of the current Council Policy L -16 if the City Council made the action to approve it. Motion by Mayor Pro Tern O'Neil to approve the banner request as an exception to Council Policy L -16. Mayor Pro Tem O'Neil stated that the Times Orange County is a substantial sponsor of the event and that the Taste of Newport event produces exposure and revenue for the City. Richard Luehrs, President of the Chamber of Commerce, confirmed the Volume 52 - Page 112 liuela►1 Council Policy L -16/ Temporary Banners "Taste of Newport" Banners (69) City of Newport Beach City Council Minutes July 13, 1998 support the Chamber of Commerce receives from the Times Orange County. Mr. Luehrs stated that the Times Orange County provides extensive marketing efforts for the Taste of Newport event. In addition, Mr. Luehrs stated that the Times Orange County also helps with other events throughout the year and provides mailing lists to the Chamber of Commerce of both Times subscribers and non- subscribers. Mr. Luehrs requested that the City Council approve the banners, as presented. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Dan Rabin, Newport North Villas, spoke prior to the Public Comments section to thank the City Council and the City Attorney's office for their resolution to the L. A. Cellular issue, announced earlier in the meeting. Bob Caustin, 471 Old Newport Blvd. #205, Defend the Bay, stated that he understood that the 50 -year Lido tidelands lease could be before the City Council at the current meeting and defended his reason for sending a mailer regarding the problem with party boats. Mr. Caustin requested that the 50- year Lido tidelands lease under consideration not be approved. Mr. Caustin also spoke regarding the subject of treated sewage being discharged into the bay by the Irvine Ranch Water District. Mr. Caustin stated that Defend the Bay has filed a lawsuit on the matter. • Charles Griffin, 732 Bison Avenue, referenced the unincorporated area of Newport Coast which is in the current air corridor of the proposed E1 Toro airport. Mr. Griffin stated that he has proposed alternate runway alignments, and requested that the City Council expedite the incorporation of the area into Newport Beach to provide better control over encroachments and developments. Mr. Griffin provided maps showing his proposed realignment. Jim Landis, 327 Fullerton Avenue, requested that the City Council make a motion for reconsideration on the vote taken on the 50 -year Lido tidelands lease. Mr. Landis stated that he felt that the City should take the time to review the lease and have an appraisal done. PUBLIC HEARINGS 17. CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT RENEWAL PUBLIC HEARING AND ADOPTION OF ORDINANCE TO MODIFY THE BASIS FOR LEVYING ASSESSMENTS FOR 1998 -1999 FISCAL YEAR. Mayor Edwards opened the public hearing. Hearing no testimony, Mayor Edwards closed the public hearing. • Motion by Mayor Pro Tern O'Neil to adopt Ordinance No. 98 -15 confirming the Corona del Mar Business Improvement District Annual Report and levying the BID assessment for the 1998 -1999 fiscal year since Volume 52 - Page 113 INDEX Ord 98 -15 CdM BID (27) • City of Newport Beach City Council Minutes July 13, 1998 the protests represented less than 50 percent of the total assessment. INDEX Without objection, the motion carried by acclamation. 18. 1998 WEED ABATEMENT PROGRAM. Res 98 -51 Weed Abatement Mayor Edwards opened the public hearing. (41) Hearing no testimony, Mayor Edwards closed the public hearing. Motion by Council Member Glover to adopt Resolution No. 98 -51 ordering the Fire and Marine Chief to abate weeds and other nuisances identified to be existing upon streets, alleys, sidewalks, parkways, and private property within the City; and schedule a public hearing on September 14, 1998, to confirm assessments against those properties cleaned by the City. Without objection, the motion carried by acclamation. 19. AMENDMENT TO NEWPORT PLACE PLANNED COMMUNITY Ord 98 -16 DISTRICT REGULATIONS (PLANNING COMMISSION PCA 875 AMENDMENT NO. 875) TO PERMIT BUSINESS AND TRADE Newport Place SCHOOLS WITHIN PROFESSIONAL AND BUSINESS OFFICE SITE Planned 3A, SUBJECT TO THE APPROVAL OF A PLANNING DIRECTOR'S Community USE PERMIT. (94) • Mayor Edwards hearing. opened the public Hearing no testimony, Mayor Edwards closed the public hearing. Motion by Council Member Glover to introduce Ordinance No. 98 -16 for Amendment 875, and pass to second reading on July 27, 1998. Without objection, the motion carried by acclamation. 20. AMENDMENT TO FRONT YARD SETBACKS ON BROAD STREET Ord 98 -17 (PLANNING COMMISSION AMENDMENT NO. 873) - AN PCA 873 AMENDMENT TO DISTRICTING MAP NO. 5 TO ESTABLISH A Front Yard FRONT YARD SETBACK OF 20 FEET FROM THE NEWLY Setbacks on ESTABLISHED PROPERTY LINES LOCATED BETWEEN SANTA Broad Street ANA AVENUE AND REDLANDS AVENUE ON BOTH SIDES OF (94) BROAD STREET. Mayor Edwards opened the public hearing. Hearing no testimony, Mayor Edwards closed the public hearing. Motion by Mayor Pro Tem O'Neil to introduce Ordinance No. 98 -17 for Amendment 573, and pass to second reading on July 27, 1998. • The motion carried by the following roll call vote: Volume 52 - Page 114 • City of Newport Beach City Council Minutes July 13, 1998 Ayes Debay, O'Neil, Noyes, Thomson, Mayor Edwards Noes: None Abstain: Glover Absent: Hedges 21. ANNUAL REPORT FROM THE CONFERENCE AND VISITORS BUREAU. Rosalind Williams, President of the Newport Beach Conference and Visitors Bureau (CVB), provided the annual report. Ms. Williams started by acknowledging some of the members of the CVB board of directors, who were present in the audience, and thanked the City Council for the opportunity to outline the accomplishments of the CVB. Ms. Williams mentioned some of the prior year's successes, which included the visitation of the University of Michigan alumni for the Rose Bowl, the Nuveen Tennis Tournament, the Toshiba PGA Tournament, the Today Show segment on the Christmas Boat Parade and the establishment of a transportation system between Newport Beach and Anaheim. Ms. Williams stated that the results of the implemented sales and marketing efforts of the CVB during the 1997 -98 fiscal year totaled $500,000 in • increased transient occupancy tax and $100,000 in increased sales tax revenue to the City. Ms. Williams stated that, overall, from visitor revenues in the 1997 -98 fiscal year, $19.7 million came into the City's general fund. Ms. Williams stated that the CVB is looking forward to continuing their efforts in the upcoming fiscal year and that the marketing plan has already been implemented, with sales efforts being focused on conferences and meetings. Mayor Pro Tem O'Neil stated that he is on the CVB advisory board and wanted to be the first to congratulate Rosalind and her staff for their accomplishments. Council Member Debay said that, she too, knows firsthand of the CVB's accomplishments and expressed her gratitude. Council Member Noyes added that the notoriety received from the television coverage of the various events is immeasurable. Mayor Edwards thanked Rosalind for all that she, personally, has done for the City. Motion by Mayor Edwards to receive the presentation of the Conference and Visitors Bureau and file the written material submitted. • Without objection, the motion carried by acclamation. 22. ESTABLISHMENT OF FEES FOR APPEALS TO THE PLANNING Volume 52 - Page 115 INDEX C -2638 Conference and Visitors Bureau (38) I..•: City of Newport Beach City Council Minutes July 13, 1998 • COMMISSION AND CITY COUNCIL. Motion by Council Member Noyes to introduce Ordinance No. 98 -18, amending Chapter 3.36 of the Newport Beach Municipal Code to establish revised percentages of service cost recovery for appeals to the Planning Commission and City Council at 50% of the cost of providing the service. Council Member Glover confirmed with City Manager Murphy that this would set the fees at $688 for appeals to the Planning Commission and $277 for appeals to the City Council. Amended Motion by Council Member Noyes to introduce Ordinance No. 98 -18, amending Chapter 3.36 of the Newport Beach Municipal Code to establish revised percentages of service cost recovery for appeals to the Planning Commission and City Council at 50% of the cost of providing the service; and direct staff to return at second reading of the Ordinance with a Resolution to adopt fees for appeals to the Planning Commission and City Council consistent with the Ordinance introduced by the City Council. Without objection, the amended motion carried by acclamation. 23. BISON AND JAMBOREE PILOT STREET PROGRAM. Mayor Edwards announced that the action before the City Council at the • current meeting was not to determine final resolution on the issue, but only to determine the process on how the issue will be addressed by the City Council. Mayor Edwards announced that six to seven months ago, a hearing was held at Anderson School to discuss the traffic issues in the Eastbluff area. Mayor Edwards stated that the recommendations made during that process were implemented. Council Member Glover confirmed with Mayor Edwards that the options before the City Council were to 1) schedule the item for a regular City Council meeting, 2) schedule a Study Session to discuss the item, 3) schedule a community meeting with a subcommittee of the City Council in attendance, or 4) make another recommendation to staff. Mayor Edwards stated that the issue of the Corona del Mar High School traffic circulation should also be included in the discussions, based on recommendations made at the Anderson School hearings. Mayor Edwards stated that an ad hoc committee was set up to address the issue, but will not do so until school is back in session. Mayor Edwards stated that he would prefer the City Council take action prior to that time. Council Member Glover agreed that the best solution would be for the City Council to take action before school starts, beginning with a community meeting attended by a subcommittee of the City Council. • Mayor Edwards suggested that the subcommittee could be comprised of himself and Council Members Thomson and Noyes. Mayor Edwards would Volume 52 - Page 116 INDEX Planning Commission/ City Council Appeal Fees (40) Bison and Jamboree Street Program (85) City of Newport Beach City Council Minutes July 13, 1998 INDEX • also prefer the meeting to take place at Corona del Mar High School, which is closer to the situation than Anderson School. Mayor Edwards further suggested that the current modifications be kept in place. Motion by Council Member Noyes to direct staff to schedule a community meeting within 30 days, preferably at Corona del Mar High School or in a facility large enough to handle the expected audience, where a subcommittee consisting of Mayor Edwards, Council Member Thomson and Council Member Noyes can receive the results of the six month trial, ask questions of staff, receive the input of the community, and then schedule for full City Council consideration with or without an advance Study Session; to request that the issue of Corona del Mar High School traffic not be excluded from the discussions; following the community meeting, to direct staff to summarize the comments of the community for the City Council's review prior to oral testimony; and in the interim, to request that the current modifications be kept in place. Council Member Noyes suggested that those in the audience who were present to state their opinion on the subject of the pilot program itself might be advised to attend the proposed community meeting. Paul Gerst, 2028 Vista Cajon, Community Association Alliance and Residential Advocacy Committee, stated that he and his groups recognize the problems in the area, and their main concern is that the problems are • not transferred elsewhere. Mr. Gerst requested that potential solutions be looked at in advance of a community meeting, so that staff and the public can study and prepare ahead of time. Mr. Gerst concluded by stating that the entire area needs to be looked at and not just one intersection. Mayor Edwards added that more than one community meeting may be needed to discuss the issue and agreed that more than the Bison /Jamboree intersection needs to be included in the discussions. Mayor Edwards stated that he has received correspondence on the issue and will look at potential solutions prior to the first community meeting. Donna Bigi, 2639 Blackthorn Street, stated that she is in support of the traffic diversion measures and feels that there are quantifiable numbers showing a decrease in the traffic on Bison. Ms. Bigi stated that the issue is one of public safety, and disagrees with those that cite inconvenience or time as a problem. Ms. Bigi stated that she does not feel that the Corona del Mar High School issues should be included in the discussions, and suggested that possibly two subcommittees should be formed and a joint report presented to the City Council. Mayor Edwards stated that the subcommittee can decide how to handle the various issues in the area, with the main idea of getting everyone together to discuss the problems. Cork Levinson, President of the Bluffs Homeowners Community Association, • stated that he agrees with the motion by Council Member Noyes to hold a community meeting, and that he welcomes the opportunity to discuss the matter with staff after receiving the results of the study. Mr. Levinson Volume 52 - Page 117 City of Newport Beach City Council Minutes July 13, 1998 INDEX • suggested that Vista del Oro also be considered when looking at the problems of the area. Mr. Levinson concluded by requesting that a decision be made as soon as possible. Bob Wolff, 511 Gorgonia, stated that the issue is not a safety issue and has only been disguised as one. Mr. Wolff stated that it is a traffic issue. Mr. Wolff stated that there are three ways to get into the area and when Bison is blocked, it leaves only two ways to enter the area. Mr. Wolff requested that the City Council look at the issue as a traffic issue only. Jenny Bioche, 2120 Vista Laredo, asked why no traffic police officers are seen on the 'B" Streets, such as Blackthorn or Buckeye. Ms. Bioche stated that she feels time is of the essence and feels that the issue could be resolved at the current meeting. Ms. Bioche again stated that traffic police officers in the area would be helpful in the research process. Vivian Liu, 2615 Blackthorn Street, a sixth grader from Lincoln Elementary School, read from a prepared letter. Ms. Liu spoke in support of the traffic diversion measures, citing the safety of the children in the area. Sol Hamburger, 2186 Vista Entrada, discussed the topic of traffic enforcement, and his experience as a traffic court judge in another city. Mr. Hamburger stated that he feels the issue is an enforcement issue. Mr. Hamburger feels that the speed limit should be set and traffic citations • issued. Mr. Hamburger does not feel that setting up roadblocks is the answer to safety, but that speed limits should be enforced. Mayor Edwards added that California has a problem with enforcement because of the use of traffic surveys to determine the median speed of a street. Council Member Glover asked City Manager Murphy about the lack of enforcement. City Manager Murphy explained that the problem with enforcement is that many areas in the City are looking for stronger enforcement, and not all areas can be covered all the time. City Manager Murphy stated that police officers will be sent to areas where problems have been noted to try to enforce compliance. Mayor Edwards added that there are two types of enforcement. One type is when the violator is stopped and cited. The other is when the violator is made to pay the fine. Mayor Edwards stated that the Court can throw out a ticket that is challenged. Council Member Glover stated that if police officers can not enforce compliance, she is very concerned. Council Member Glover stated that the City has a large police force and enforcement should not be a problem. City Manager Murphy stated that 50,000 parking tickets and 7,500 moving citations were issued in the prior fiscal year. City Manager Murphy added that an additional motor officer was added in the 1998.99 budget, with the • specific purpose of enforcing motor laws in residential areas. Council Member Noyes stated that it appears everyone is agreeing to the Volume 52 - Page 118 City of Newport Beach City Council Minutes July 13, 1998 INDEX • community meeting and that it is a start to finding solutions to the problems. Council Member Noyes stated that the problem of speeding is more than just in the Eastbluff area and that drivers, in general, need to slow down. Council Member Noyes encouraged the participants planning to attend the community meeting to come with the mindset of working together and understand each other's problems. Darlene Telles, 2607 Bamboo Street, stated that she feels that the issue is a safety issue, as well as a traffic issue for those trying to get out of their driveways. Ms. Telles, referring to a previous speaker's comments, stated that shutting off Bison as one of the three ways to get into the area is only shutting off a single lane, residential street. Ms. Telles stated that the inconvenience of not being able to use Bison is a not a good enough excuse for the added safety the diversion provides. Michael Bigi, 2639 Blackthorn, provided an aerial view of the Bison and Jamboree intersection. Mr. Bigi stated that the photo shows the change in Bison from the east side of Jamboree to the west side, where it becomes a residential street. Mr. Bigi also provided a handout and referred to a table contained in the report that indicated the decrease in traffic in Eastbluff since the diversion went into affect. Council Member Noyes stated that the process in looking at this issue has been working well and that he is encouraged by the number of people that • are involved. Council Member Noyes stated that he feels that a solution will be found. Mayor Edwards added that people who have comments or suggestions can submit their information prior to the community meeting and it will be made a part of the report. Ken Gridel, a Bamboo Street resident, stated his concern for the agenda of the community meeting. Mr. Gridel stated that he believes the agenda will be insurmountable, with more issues than just the Bison/Jamboree intersection to discuss. Mayor Edwards stated that the subcommittee might meet to draft the agenda. Council Member Noyes stated that the City Council is prepared to stay with the issue until the problems are solved. Mary Griffin, 732 Bison Avenue, stated that the reopening of Eastbluff School will also add another dimension to the existing problems. Ms. Griffin stated that, over the years, people have changed how they get their kids to school and this has added to the problem. Ms. Griffin suggested that bussing the kids to school might be an option. Mayor Edwards stated that the Eastbluff School will reopen Fall of 1999, • and commented that the solving of the Eastbluff traffic problems will be an ongoing process. Volume 52 - Page 119 City of Newport Beach City Council Minutes July 13, 1998 • Charles Griffin, 732 Bison Avenue, suggested that the community meeting include police officers. Mr. Griffin stated that some drivers are not obeying the diversion measures. Mr. Griffin would like the final solution to be one that requires less enforcement. Without objection, the motion carried by acclamation. 24. RECOMMENDATIONS FROM ENVIRONMENTAL QUALITY AFFAIRS COMMITTEE. Motion by Council Member Glover to accept the two recommendations made by the Environmental Quality Affairs Committee (EQAC). City Manager Murphy confirmed Council Member Glover's statement that an update of the General Plan is needed. City Manager Murphy stated that the funds are not budgeted in the 1998 -99 fiscal year, but that staff could begin the long process and provide the City Council with a plan on how to approach the update. City Manager Murphy stated that the Comprehensive Plan Update could be included in the 1999 -2000 CIP budget. Council Member Noyes, referring to the efforts of the Newport Center Economic Opportunities (NCEO), stated that the update will be very difficult, if done right. • Council Member Noyes also stated that he does not understand the need for the motion to accept the second recommendation of EQAC, since it requires no action and is only commending the City Council for its efforts in regards to converting El Toro to a commercial airport. Discussion followed about what money would be spent in accepting the EQAC recommendations. City Manager Murphy stated that the Plan needs to be updated periodically, that parts of it already have been updated, but that it has been ten years since a comprehensive update was done. Council Member Thomson stated that he is uncomfortable with directing staff to begin spending time on a comprehensive update of the plan. Council Member Thomson stated that he would prefer that current problems are dealt with, such as traffic and infrastructure needs. Council Member Glover stated that she understands that State law requires that the general plan must be updated every ten years. City Manager Murphy stated that State law requires that the general plan is consistent among all the different parts, including changing traffic, land use and growth patterns. City Manager Murphy suggested that staff could provide an informational report to the City Council outlining what would be required in a . comprehensive general plan update, and the City Council could make a decision at that time. Volume 52 - Page 120 EQAC (24) INDEX • 0 City of Newport Beach City Council Minutes July 13, 1998 Amended motion by Mayor Edwards to accept the two recommendations made by the Environmental Quality Affairs Committee (EQAC); and to request that, with regards to the General Plan update, money not be spent nor consultants hired until staff prepares an outline of what updating the General Plan will entail and further action is made by the City Council. Without objection, the amended motion carried by acclamation. MOTION FOR RECONSIDERATION -None ADJOURNMENT - 9:07 p.m. The agenda for the Regular Meeting was posted on July 7, 1998, at 3:45 p.m on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk a:> Volume 52 - Page 121 INDEX