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HomeMy WebLinkAbout05/24/1999 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting May 24, 1999 - 7:00 p.m. INDEX STUDY SESSION — 4:00 p.m. [Refer to separate minutes] CLOSED SESSION - 6:00 p.m. CLOSED SESSION REPORT PRESENTED — None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance - Mayor O'Neil. Invocation by Pastor Warren Olson, Mariners Church. • Presentation by Mayor O'Neil to Jerry Stewart, wife of the late T. Duncan Stewart, a poet laureate for the City of Newport Beach in the 1970's. Mayor O'Neil presented Ms. Stewart with a framed copy of The Happy Clapper, a poem written by her late husband and one that Ms. Stewart did not have a copy of. Presentation by Karen Evarts, President of the Newport Beach Sister City Association. Ms. Evarts stated that the goal of the Sister City program is to create greater international understanding through close communication and direct contact. She stated that, in April, twenty -seven association members visited Okasaki, Japan to celebrate the 15th Anniversary of their Sister City affiliation and the 35th Anniversary of the Okasaki South Rotary Club. Ms. Evarts introduced Wendell Fish, the founder of the Sister City Association in Newport Beach, and Scott Paulsen, who provided a slide show highlighting the Association's recent trip to Okasaki. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON - DISCUSSION ITEM): Council Member Glover stated that she is receiving correspondence and phone calls regarding the cutting down of two trees at Broad & Westminster. She announced that these trees were on private property so the City can take no action on their removal. • Council Member Glover invited the public to attend the New Arches Interchange Grand Opening Celebration, to be held on May 31, 1999, at 10:00 a.m. Volume 52 - Page 487 • • • City of Newport Beach City Council Minutes May 24, 1999 • Mayor Pro Tem Thomson announced the celebration of Phase I of the Harbor View Homes that was held over the weekend. He said the project was facilitated by a small land swap between the City and the Association, and was made possible through money raised from within the community. • Council Member Debay requested that the City Manager possibly assign someone from staff to attend an upcoming seminar regarding engineers and disaster preparedness training for regions affected by liquefaction, to be held June 17, 1999. She provided the City Manager with the flyer. • Council Member Ridgeway requested that a future agenda item provide the City Council with a resolution to support the fair competition and taxpayers savings tax being promoted by the Taxpayers for Fair Competition. • Council Member Noyes announced the community pride parade to be held on Balboa Island on June 6, 1999. He added that City Manager Bludau will be the Grand Marshall. • Mayor O'Neil announced the 18th annual Corona del Mar Scenic 5K race to be held on June 5, 1999. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE ADJOURNED REGULAR (STUDY SESSION) AND REGULAR MEETING OF MAY 10, 1999. 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. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS (contd. from 4/26/99). Continue to June 14, 1999. 4. RESOLUTION AUTHORIZING SUPPLEMENTARY SALARY AND BENEFIT PAYMENTS TO CITY EMPLOYEES CALLED TO ACTIVE MILITARY DUTY. Adopt Resolution No. 99 -35. 5. RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF SEASHORE DRIVE, NEWPORT BOULEVARD AND BALBOA BOULEVARD AND SELECTED FEEDER STREETS DURING THE FOURTH OF JULY HOLIDAY PERIOD. Adopt Resolution No. 99 -36. ORDINANCES FOR ADOPTION 6. ADOPTION OF THE FIRE CODE AND FINDING OF FACTS. Continued to June 14, 1999. Volume 52 - Page 488 INDEX Res 99 -35 Military Duty (66) Res 99 -36 Fourth of July Street Closure (85) Fire Code (41/53) City of Newport Beach City Council Minutes May 24, 1999 INDEX • 7. ADOPTION OF THE BUILDING CODES AND RESOLUTION NO. Building Code 99 -_ SETTING FORTH FINDINGS BASED ON LOCAL (26/53) CONDITIONS WITHIN THE CITY OF NEWPORT BEACH WHICH MAKE CERTAIN MODIFICATIONS AND CHANGES TO THE CALIFORNIA BUILDING CODE, THE CALIFORNIA PLUMBING CODE AND THE CALIFORNIA RESIDENTIIAL CODE REASONABLY NECESSARY. Continued to June 14, 1999. 8. ORDINANCE NO. 99 -15 AMENDING SECTION 1.08.055 OF CHAPTER Ord 99 -15 1.08 OF THE NBMC PERTAINING TO APPOINTMENT OF HEARING Hearing Officer OFFICER. Adopt ordinance. Amendment (53) 9. Item removed from the Consent Calendar by Council Member Glover. CONTRACTS AND AGREEMENTS 10. 1997 -98 ALTERATIONS AND REFURBISHING POLICE FACILITY C -3217 (C -3217) - COMPLETION AND ACCEPTANCE. Accept the work; 1997 -98 Alterations authorize the City Clerk to file a Notice of Completion; and authorize the and Refurbishing of City Clerk to release the bonds 35 days after the Notice of Completion has Police Facility been recorded in accordance with applicable sections of the Civil Code. (38) 11. GRAND CANAL DREDGING, EELGRASS TRANSPLANT AND ROCK C -3154 • BUTTRESSES (C -3154) - COMPLETION AND ACCEPTANCE. Accept Grand Canal the work; authorize the City Clerk to file a Notice of Completion; and Dredging authorize the City Clerk to release the bonds 35 days after the Notice of (38) Completion has been recorded in accordance with applicable sections of the Civil Code. 12. CORONA DEL MAR WATER MAIN AND ALLEY REPLACEMENTS C -3191 (C -3191) - COMPLETION AND ACCEPTANCE. Accept the work; Corona del Mar authorize the City Clerk to file a Notice of Completion; and authorize the Water and Alley City Clerk to release the bonds 35 days after the Notice of Completion has Replacements been recorded in accordance with applicable sections of the Civil Code. (38) 13. BONITA CANYON PARK (C -3270) - APPROVAL OF PROFESSIONAL C- 3270 -A SERVICES AGREEMENT WITH EPT LANDSCAPE ARCHITECTS. Bonita Canyon Authorize the Mayor and City Clerk to execute a Professional Services Park Improvements Agreement with EPT Landscape Architects to prepare plans and (38) specifications for the Bonita Canyon Park Improvements for a fee of $332,067. 14. JAMBOREE ROAD/EASTBLUFF DRIVE INTERSECTION C- 3202 -B IMPROVEMENTS - AWARD OF CONTRACT (C- 3202 -B). Approve the BA -071 plans and specifications; award C- 3202 -B to Peterson -Chase General Jamboree Road/ Engineering Construction, Inc. for the total bid price of $1,013,906 and Eastbluff Drive authorize the Mayor and the City Clerk to execute the contract; establish an Intersection amount of $101,000 to cover the cost of unforeseen work; approve a budget Improvements amendment (BA -071) appropriating $614,906 to Account No. 7261- C5200473 (38/40) from the unappropriated Circulation and Transportation Fund Reserves and Volume 52 - Page 499 City of Newport Beach City Council Minutes May 24, 1999 INDEX • appropriating $50,000 to the Contributions Fund, Account No. 7251 - 05200473. 15. NEWPORT DUNES HOTEL AND TIME -SHARE RESORT C -3235 ENVIRONMENTAL IMPACT REPORT. Approve the amendment to the Newport Dunes professional services agreement with LSA Associates for the preparation of Hotel & Time -Share an environmental impact report for the Newport Dunes Hotel and Time- Resort FIR Share Resort project. (38) 16. GEOGRAPHIC INFORMATION SYSTEM (GIS) PROJECT. Authorize C -3287 the Mayor and the City Clerk to execute a Professional Services Agreement BA -068 with PSOMAS and Associates to convert the City's water facilities atlas GIS Project drawings into an electronic digital atlas mapping system; approve the (38/40) conversion of the GIS system from Genasys to Environmental Systems Research Institute (ESRI); and approve Budget Amendment (BA -068) to transfer appropriations in the amount of $77,862 from various accounts and increase appropriations in the amount of $49,715 to accomplish the above named conversions. 17. LEGAL PUBLICATIONS FOR ONE -YEAR CONTRACT COVERING Legal Publications( FISCAL YEAR JULY 1, 1999 TO JUNE 30, 2000. Authorize the City One -Year Contract Clerk to publish a notice advertising for bids to be received on or before the for FY 1999 -2000 hour of 4:00 p.m., on Friday, June 11, 1999, for a one -year contract covering (32) the publishing and printing of legal notices, or other material required to be • published and circulated in the City of Newport Beach. MISCELLANEOUS ACTIONS 18. PLANNING COMMISSION AGENDA FOR MAY 20, 1999. Receive and Planning file. (68) 19. RATIFICATION OF MAYOR'S APPOINTMENTS TO AD -HOC Ad Hoc APPOINTMENTS COMMITTEE. Ratify the appointment of Mayor Pro Appointments Tem Thomson (Chairman), and Council Members Glover and Ridgeway to Committee serve on the ad -hoc appointments committee to review applications and (24) make recommendations to the full Council for the Board and Commission vacancies scheduled to occur on June 30, 1999. 20. BUDGET AMENDMENT (BA -067) TO APPROPRIATE A DONATION BA -067 IN THE AMOUNT OF $3,480 FROM THE NEWPORT BEACH PUBLIC Newport Beach LIBRARY FOUNDATION TO PURCHASE OFFICE SUPPLIES. Public Library Approve BA -067. Foundation (40/50) 21. BUDGET AMENDMENT (BA -069) TO INCREASE REVENUE BA -069 ESTIMATES AND EXPENDITURE APPROPRIATIONS BY $2,800 Jail Management FOR THE PURCHASE OF A JAIL MANAGEMENT COMPUTER Computer System SYSTEM TO BE REIMBURSED BY THE CALIFORNIA BOARD OF (40/70) CORRECTIONS. Approve BA -069. 22. ADDITION OF TWO LEASED ELECTRIC VEHICLES. Approve the C -3185 leasing of two 1999 Toyota RAV -4 electric vehicles for a three year period at • BA -070 a total cost of $35,320; approve the purchase and installation of two electric Electric Vehicles Volume 52 - Page 490 City of Newport Beach City Council Minutes May 24, 1999 • vehicle charger stations for a total cost of $9,000; and approve a budget amendment (BA -070) in the amount of $44,320 to appropriate AQMD matching grant funds (AB2766 non - discretionary funds) to lease the two electric vehicles and purchase the two charger stations. 23. UNDERGROUND UTILITIES IN WEST NEWPORT (PROPOSED UNDERGROUND ASSESSMENT DISTRICT NO. 69). Authorize an advance to Underground Assessment District No. 69 in the amount of $247,800 to provide for the design of the project by Southern California Edison and Pacific Bell; and approve a budget amendment (BA -072) to appropriate $47,800 from the General Fund unappropriated surplus to the Assessment District Capital Project Fund for proposed Assessment District No. 69, Account No. 7401- C5100212. 24. APPOINTMENT TO THE ENVIRONMENTAL QUALITY AFFAIRS CITIZENS ADVISORY COMMITTEE (EQAC). Confirm Mayor Pro Tem Thomson's appointment of Philip Luger to EQAC (District 7 at -large member). Motion by Mayor Pro Tern Thomson to approve the Consent Calendar, except for those items removed (9), and those items continued (6 and 7). Without objection, the motion carried by acclamation. • ITEMS REMOVED FROM THE CONSENT CALENDAR 9. AMENDMENT TO CHAPTERS 20.80 (SERVICE STATIONS), 20.03 (DEFINITIONS), AND 20.67 (SIGNS) OF TITLE 20 OF THE NBMC TO UPDATE LAND USE AND PROPERTY DEVELOPMENT REGULATIONS FOR SERVICE STATIONS AND ADOPTION OF RESOLUTION APPROVING DESIGN GUIDELINES FOR SERVICE STATIONS. [AMENDMENT 8851. Council Member Glover expressed her concerns about the availability of alcoholic beverages at service stations and the number of children that drive through the City. She added that she understands the amendment to the municipal code, if approved, will include this provision. City Attorney Burnham confirmed that if the amendments to the service station ordinance are adopted, the City loses its grandfathered right to prohibit the sale of alcohol at service stations. He added that the City Council could still prohibit the sale if appropriate findings are made through the City's alcoholic beverage outlet ordinance. Council Member Glover stated that the requests to sell alcohol will go before the Planning Commission and not the City Council. She expressed her concern that the Planning Commission deals strictly with land use, whereas the City Council looks more at the overall picture. City Attorney Burnham added that the City Council does have the right to call up any decision of the Planning Commission. Council Member Glover again stated her concern that this ordinance will increase the availability of alcohol to drivers and children. • Council Member Debay referred to page 5 of the staff report where it stated that, "if sound findings can be made that the sale of alcoholic beverages Volume 52 - Page 491 INDEX (38/40) BA -072 Underground Assessment District 69 (40/89) EQAC Appointment (24) Ord 99 -16 Res 99 -37 PCA 885/ Service Station Regulations/ Design Guidelines (53/94) City of Newport Beach City Council Minutes May 24, 1999 • would be detrimental to the community, then the Planning Commission would have the authority to place conditions on the sale of alcoholic beverages or prohibit their sale entirely ". She stated this statement was enough for her to vote in support of the ordinance at the last meeting. Council Member Debay asked about the availability of alcohol to children and City Attorney Burnham confirmed that appropriate identification would be required to purchase alcohol at service stations, the same as any other establishment. City Attorney Burnham listed the five considerations the Planning Commission, or Planning Director, must consider when approving a use permit for an alcoholic beverage outlet. He referred to Municipal Code Section 20.89.030 (B). He stated that many potential service station alcohol outlets would probably be subject to denial based on one or more of the findings. Council Member Glover stated that she has heard of adults buying alcohol for minors at these types of outlets. She is concerned that this ordinance brings a change to Newport Beach that is not desirable. Motion by Council Member Rid ewav to adapt Ordinance No. 99 -16 and Resolution No. 99 -37 adopting design guidelines for service stations. • Council Member Ridgeway stated that he feels the ordinance is responsible and new, and that the issue of adults buying alcohol for minors will be addressed by the appropriate law enforcement personnel. He added that he feels it will be very difficult for the Planning Commission to approve the sale of alcohol at any service station. Council Member Adams stated that he is in opposition to the ordinance because he doesn't feel that a new land use needs to be introduced into the City to allow convenience store development at service stations. Additionally, he added that he has seen no documented evidence that allowing service stations to have the opportunity to add convenience stores at their locations will affect gas prices. He skated that he supports the inability to even consider convenience stores at gas stations. He said that he is well versed on the issue and he is not anti - business, but sees no reason to change the existing ordinance. Council Member Glover referred to handwritten page 28 of the staff report and the Additional Design Guidelines for Special Development Types. She asked if Council Member Ridgeway would amend his motion to include another guideline. Council Member Ridgeway asked for staffs opinion on the amendment. Planning Director Temple, who wrote the additional language referred to by Council Member Glover, stated that the proposal included a set of design guidelines that the Planning Commission would use to judge the quality of • the design of the new service station constructed under the new ordinance. Planning Director Temple stated that the language would add to the design criteria any supplemental design guidelines the City Council might adopt in Volume 52 - Page 492 F11 RN • City of Newport Beach City Council Minutes May 24, 1999 the future. INDEX Council Member Ridgeway amended his motion to include the following language in the first paragraph of the design guidelines, as requested by Council Member Glover, "In addition to the design guidelines contained herein, the service station design shall be consistent with any design criteria or guidelines adopted by the City Council for the commercial district within which the service station is located, if any." Mayor Pro Tern Thomson stated his opposition to the motion because he sees no compelling reason to allow the sale of alcohol from gas stations. He stated that it will only make access to alcohol more convenient, and he has seen no evidence that the gas stations need this alternate to survive. He feels that the gas stations in the City are doing very well. He stated that bad things come with alcohol sales at service station convenience stores, and he cited information he heard from the Police Chief about minors being able to easily obtain alcohol from these types of outlets. He stated that he sees no reason to change the existing ordinance. Mansoor Vakili, 19021 Glenmont Terrace, stated that the current ordinance is thirty years old and has not changed to accommodate the change, over that period, in gas stations. He stated that Newport Beach used to have 44 gas stations, and now has 17. He stated that more gas stations will go out of business if this new ordinance is not approved. He said there are already • other places selling alcohol, that ABC laws will still have to be adhered to and that the ordinance provides enough restrictions to disallow any application. He said that he currently makes more money in 40 square feet of retail space than in the mechanic shop, which takes up much more space. Rick Yost, 1300 S. Beach Blvd., La Habra, property development specialist for Chevron, stated that he agrees with the comments of Mr. Vakili. He stated that the new ordinance allows the Planning Commission to deny any application, and it improves the existing and new stations. Referring to a previous question, he stated that market research has shown that customers prefer one -stop shopping, which includes convenience stores at gas stations. He added that this provision would in no way affect the price of gasoline. Council Member Glover stated that she was told that gas prices are established based on the per capita income of the City in which the gas station is located. Mr. Yost stated that gasoline prices are only established by market competition, supply and demand. Mayor Pro Tem Thomson requested that Police Chief McDonell address the issue, and referred to the fact that over half of the City's budget goes to public safety. He asked that the Police Chief discuss how new mini - market alcohol outlets will affect the community and how they will be policed. Police Chief McDonell stated that it would be difficult to quantify, but that he can provide current statistics. He stated that year -to -date, as of May 10, there have been 508 alcohol - related arrests made. Of these, 348 were for drunk in • public or 160 were for drunk driving. He stated that of the 508, 26% were Newport Beach residents and the remaining were from out -of -town. He said the impact of any new alcohol outlets would be difficult to describe, but it is Volume 52 - Page 493 • City of Newport Beach City Council Minutes May 24, 1999 known by law enforcement to be a place where minors prefer to try to make alcohol purchases. He said the Police Department would handle complaints in the same manner that complaints regarding any alcoholic beverage outlet are handled. Council Member Debay stated that many of the service stations contain work bays for maintenance activities on cars, but that she understands this type of work has almost disappeared. She confirmed with Mr. Yost that the service station owners would prefer to have convenience stores in place of the work bays. Mr. Yost added that car maintenance business has dwindled enough, that the owners can't afford to continue to operate and maintain the work bays. Council Member Adams stated that the number of gas stations in the City has remained fairly stable over the last ten years, adding that he thinks there are plenty currently in place. He also stated that he feels that the service bays do provide a valuable service and that they must be doing enough business, since they are still in business. Jean Impey, 416 Hazel, stated her support for the current ordinance. She stated that groceries can be bought at grocery stores. She added that she has used the service stations for vehicle maintenance, and thinks that service should remain. • Kevin Yoches, 1972 Rosemary Place, Costa Mesa, stated that he could confirm that his classmates and friends do get adults to buy alcohol for them by standing outside of service station convenience stores. He stated that he's seen his friends get into alcohol - related accidents, he's lost friends due to alcohol and he's seen the damage alcohol can do. He would prefer to see Newport Beach not allow alcohol sales at gas stations. He thinks it would diminish the quality of the City and would make it more convenient for children to get alcohol. The amended motion carried by the following roll call vote Ayes: Debay, Ridgeway, Noyes, Mayor O'Neil Noes: Glover, Adams, Thomson PUBLIC COMMENTS - None. PUBLIC HEARING 25. ROWE RESIDENCE - 2231 PACIFIC DRIVE - AN APPEAL OF THE DECISION OF THE PLANNING COMMISSION WHICH UPHELD THE DECISION OF THE MODIFICATIONS COMMITTEE, WHICH DENIED A REQUEST TO CHANGE CONDITION NO. 4 OF MODIFICATION NO. 4538 - THE CONDITION OF APPROVAL REQUIRES THAT USE OF AN ATTIC SPACE OVER A GARAGE BE LIMITED TO STORAGE ONLY, AND THAT THE STORAGE AREA IS is NOT TO BE USED AS ADDITIONAL LIVING SPACE. THE APPLICANT IS REQUESTING THAT THE CONDITION OF APPROVAL BE CHANGED TO ALLOW THE AREA OVER THE Volume 52 - Page 494 INDEX Mod. Permit 4843 Appeal/ 2231 Pacific Drive Rowe Residence (94) City of Newport Beach City Council Minutes May 24, 1999 • GARAGE TO BE CONVERTED TO LIVING AREA AND L HOME OFFICE (contd. from 5/10/99). City Manager Bludau stated that he was notified today that the appellant has requested that the item be continued to June 28, 1999. Mayor O'Neil requested that the item be taken off the agenda if it is not heard at that meeting. He stated that it is a burden on staff and the City Council to have the matter continually brought forward and then continued. City Attorney Burnham stated that an agreement has been reached on the matter, and that there is simply the need to prepare and record a convenant. Motion by Mayor O'Neil to continue the item to June 28, 1999 Without objection, the motion carried by acclamation. CONTINUED BUSINESS 26. PARKING TIME LIMITS ON HAZEL DRIVE (contd. from 5/10/99). Public Works Director Webb stated that staff prepared a report per the City Council's request to allow residential permit parking on Hazel Drive. He stated that the resolution establishes the two -hour parking limit and the . ordinance establishes a residential preferential zone. He said the ordinance is necessary in order to issue permits for that area. Paul Glowienke, 427 Hazel Drive, stated that he is in support of both the resolution and the ordinance. He handed out a Proposal for Residential Permitted Parking, put together by himself, and Walter & Jean Impey. Referring to this handout, Mr. Glowienke pointed out the Residential Parking Permit Survey in the report and noted that every City surveyed, with the exception of Dana Point, offers residential parking permits on a limited basis. He went on to discuss the uniqueness of Hazel Drive, as listed in the report. He also highlighted a map in the handout that showed the available parking spaces for the businesses as well as the available spaces for the residences. He went on to detail the available parking spaces, as illustrated in the report. He concluded that there is ample space for the employees to park at the businesses. Council Member Adams confirmed with Mr. Glowienke that all the residences have on -site parking, three of the nine for possibly two cars and the remainder for one car only. Council Member Glover stated that if all of the residents are using their on- site parking, then she could be in support of the resolution and the ordinance. Council Member Noyes stated that he has seen evidence that not all of the • residents are using their garages. He added that no one in the City has the right to park in front of their own homes. Volume 52 - Page 495 Restricted Parking on Hazel Drive (85) City of Newport Beach City Council Minutes May 24, 1999 • Mr. Glowienke added that he works out of his home and that the residents are not in support of the two -hour parking limit if the preferential permit is not also approved. Mr. Glowienke pointed out the parking spaces in his report, which are currently not being used by the businesses but could be. Mayor O'Neil asked about the effect of Crown Pointe, the assisted care living facility on Coast Highway. Mr. Glowienke answered that it's too early to tell what the effect will be since the facility is not fully occupied. Per Council Member Ridgeway's request, Mr. Glowienke listed the residents who work out of their homes. Mr. Glowienke continued with his presentation by pointing out the suggested notice that the Hazel Drive residents would like to use to assist in enforcing any new parking restrictions. Walter Impey, 416 Hazel Drive, stated that parking is a little lighter recently, but it's because there are a couple of vacant businesses. He went on to point out a letter in the report where the Hazel Drive residents are, at least, asking for a trial period. He stated that their purpose is to move the employees of the businesses, and not the customers. Mayor O'Neil stated that a concern of his is that if this request on Hazel Drive is permitted, many other streets will ask for preferential parking. He said it's a delicate balance between the residents and the businesses. He • added that Hazel Drive may have unique topographical limitations. Mr. Impey stated that Hazel Drive is unique and should provide the City Council with the reasoning it needs. He expressed the difficulty his elderly parents have when visiting and their attempts to find parking close enough so that they don't have to walk too far on the steeply inclined street. Council Member Noyes stated that, all over the City, residents move cars to save spots. He said this is not a problem unique to the Hazel Drive residents. Mel Grandinette provided some history of Hazel Drive and the residents' attempts to work with the businesses. He listed some of the areas in the City that already have preferential parking, such as the high schools. He asked that the City Council approve the trial period. City Attorney Burnham responded to Mayor O'Neil's question about the findings and criteria needed to issue preferential parking permits by referring to Municipal Code Chapter 12.68. He stated that the findings that have to be made to approve preferential parking include that it protects the quality of life in the area, that it provides reasonably available and convenient parking for the benefit of the adjacent residents and that it alleviates traffic congestion and illegal parking. City Attorney Burnham went on to read the seven criteria that must be considered, as listed in Municipal Code Section 12.68.030 (A -G). • Mayor O'Neil asked if the criteria were being met for preferential parking permit on Hazel Drive. City Attorney Burnham stated that there is some Volume 52 - Page 496 INDEX Volume 52 - Page 497 City of Newport Beach City Council Minutes May 24, 1999 INDEX • question as to if this permit would just displace vehicles to another block. He added that he also questions if the current nonresidents parking is a source of unreasonable noise, traffic hazards, environmental pollution or devaluation. Council Member Debay stated that she was surprised that staff was recommending this, but that she feels that if it has been found to be reasonable, she can support it on a trial basis. She also pointed out that the permits would not be limited to residents. Council Member Ridgeway stated that on the peninsula, where he lives, it is common practice to move cars to save parking spaces. He added that he is bothered by the fact that some of the Hazel Drive residents work out of the their homes and may not be using their garages. He stated that he could maybe support the two -hour parking time limit but not the preferential parking permit. City Attorney Burnham stated that, in addition to the previous criteria mentioned, he also questions if Section 12.68.030 (G), which states that other alternative solutions have been found to be unfeasible or impractical, has been met. Council Member Noyes stated his understanding of the residents' request that they be given both the time limit and the permit, or neither. • Mayor O'Neil stated that he understood it the same way. He agreed that Hazel Drive has some unique characteristics. He stated that he's not too concerned about setting a precedent, because he feels that other areas in the City may warrant preferential parking also. Motion by Mayor O'Neil to approve a six -month trial for preferential parking on a two-hour basis on Hazel Drive from the alley north of Coast Highway to Second Avenue. The motion failed by the following roll call vote: Ayes: Debay, Glover, Mayor O'Neil Noes: Ridgeway, Noyes, Adams, Thomson Mayor O'Neil stated that the matter is difficult to resolve, but a solution needs to be found. Council Member Debay stated that she recently requested a report on what the costs are to increase enforcement of existing preferential parking restrictions. She stated that employees of businesses that park on nearby residential streets need to change their habits, when commercial space is available to them. 27. BEACH VOLLEYBALL COURT AT 2406 W. OCEANFRONT. Beach Volleyball Court at • City Manager Bludau stated that the item was back before the City Council 2406 W. Oceanfront at the current meeting because a resident claimed that he was not given (62) Volume 52 - Page 497 City of Newport Beach City Council Minutes May 24, 1999 INDEX • proper notification when the matter was before the City Council at its meeting of April 26, 1999. City Manager Bludau stated that the City Council could decide to leave the volleyball court in front of 2406 W. Oceanfront, move it to another location or eliminate it from the current location. Charles Hartwell, 2408 W. Oceanfront, stated that the volleyball court in question is under high use and is in a very crowded area. He stated that the regular volleyball players seem to own the court and it's not a public beach anymore. He stated that he believes the court should be removed. Stan Hatch, 1547 Orange Avenue, Costa Mesa, stated that he is a player on the court at 2406 W. Oceanfront and, responding to the previous speaker's comments, feels he and the other players respect the public's right to use the beach. He added that they often leave their personal net up for others to use. He stated his concern for just moving the court to another location because it doesn't address the situation. He stated that the players have worked with the City's Senior Recreation Manager and the only real improvement that was considered was for the players to warm up at the ends of the court instead of between the court and the boardwalk. Andy Reinking, 6001 Newport Shores Drive, a player at the 2406 W. Oceanfront court, stated that he collected 647 signatures on the opinions of the public and businesses in the area. He stated that 276 of the signatures were residents, 43 were businesses and 328 were non- residents. He stated • that all enjoyed watching play and /or having access to the volleyball court. Mr. Reinking added that the current location of the court is convenient for several reasons. He concluded by stating that they clean up after themselves and allow others to use the court. Council Member Debay stated that she has been to the site. She stated that although the court is the required distance from the boardwalk, it is near the start of the bike path at the west end of the parking lot. She stated her understanding of the fellowship that goes along with having a regular court to play at, but she expressed her concern for the number of people that gather to watch the regular players and the congestion that takes place at that location. She asked if Mr. Reinking and the other players could encourage the people that gather to continue moving along the boardwalk or move onto the beach. He stated that they could do so and that it was a good suggestion. Brad Dorfman, 2402 W. Oceanfront, stated that the players are not causing the problem, it's the location of the court that is the problem. He agreed with Council Member Debay that it's a very congested area to begin with. He added that it is not just the area contained within the volleyball court, but the area where the ball will often fly outside the court. He stated that he doesn't think that he, as a resident, should have to endure a flying volleyball that could cause property damage or personal injury. He added that the volleyball court used to be at 26th Street, where he feels there is more room. He said the regular players are good and lots of people enjoy watching them. • Moses Morezabi, 2406 W. Oceanfront, stated that he is in favor of moving the volleyball court from 24th Street to 26th Street because the people that gather Volume 52 - Page 498 L, • E City of Newport Beach City Council Minutes May 24, 1999 block his view. He thinks it makes sense to move it to 26th Street because that location would be at the end of an alley. Patrick Daw, 259 Lower Cliff Drive, Laguna Beach, stated that the Parks, Beaches and Recreation Commission voted 7 -0 in favor of keeping the volleyball court at its current location. He added that the Commission found the court to provide entertainment for the pubb.c. He stated that the same problems will occur at 26th Street. Council Member Ridgeway requested that staff provide more information on the subject. He understands that this issue has been ongoing for some time and he would like more background information on what has taken place to date. He also requested statistics on how many of the volleyball courts on the peninsula are within 50 feet of the sidewalk. He stated that the court in question is a problem because it is next to a public parking lot and in a congested area. City Manager Bludau stated that none of the beach volleyball courts are within 50 feet of a property line or sidewalk, per :Resolution 92 -93. Council Member Ridgeway restated his request and asked for a report of the courts that are at the 50 -foot mark versus those that are farther out. Community Services Director Kienitz confirmed that no courts are within 50 feet, but that staff could gather the information that Council Member Ridgeway is requesting. Council Member Debay stated that the beach is narrow at the 24th Street location, and the court can't be moved closer to the water because the beach slopes at that point. Council Member Ridgeway stated that when the additional information is provided by staff, the City Council may decide that 50 feet isn't enough in congested areas such as the 24th Street location. Council Member Noyes confirmed with Council Member Debay that the slope disallows moving the 24th Street court any closer to the water. Council Member Noyes also agreed that all the information on the subject should be provided to the City Council. Council Member Ridgeway and Council Member Noyes both mentioned beach volleyball courts that are much farther than 50 feet from the boardwalk. Council Member Ridgeway expressed concern over the firmness of the sand in this location and the ability for the ball to bounce into the parking lot. Council Member Glover confirmed that the volleyball court in question is in District One, Council Member Ridgeway's district. Motion by Council Member Ridgeway to continue the item to June 28, 1999, to allow staff to provide the City Council with more backup information. Volume 52 - Page 499 INDEX City of Newport Beach City Council Minutes May 24, 1999 • Council Member Debay stated that probably another attraction of the current location for the players is the access of the nearby parking lot. Council Member Noyes again asked about moving the current court farther out. The players in attendance stated that it could maybe be moved out ten feet, but that there also has to be room left for the lifeguard vehicles on the water side of the court. Without objection, the motion carried by acclamation. Council Member Debay asked about the width of the beach at 25th Street, and was told that it was the same. CURRENT BUSINESS 28. BALBOA BOULEVARD REHABILITATION, MAIN STREET TO "G" STREET — AWARD OF CONTRACT (C -3176) AND APPROVAL OF BUDGET AMENDMENT (BA -066). Council Member Ridgeway stated that the Balboa Merchants Owners Association supports either option 2(A) or 2(C), but that they prefer 2(A). Motion by Council Member Ridgeway to approve the plans and • specifications; award contract (C -3176) to Los Angeles Engineering and authorize the Mayor and the City Clerk to execute the contract for the total bid price of $574,564.10 for Alternate "A" (pavers in the roadway and sidewalk areas at the intersection of Balboa Boulevard and Main Street); establish an amount of $57,000 to cover the cost of unforeseen work in Alternate "A "; and authorize a budget amendment (BA -066) to transfer appropriations of $131,564.10, as described in the staff report. Without objection, the motion carried by acclamation (Council Member Thomson was absent during the vote). 29. 30TH STREET STORM DRAIN ENVIRONMENTAL AND PROJECT COORDINATION. City Attorney Burnham announced that staff would like the City Council to consider an item that arose after the posting of the agenda. He summarized the staff report as it was handed out to the council members. Motion by Council Member Glover to approve consideration of the item at the current meeting, based on the fact that the need to take action arose after the posting of the agenda. Without objection, the motion carried by acclamation. • Motion by Council Member Ridgeway to approve professional services with J. H. Douglas & Associates for Environmental and Project Coordination Volume 52 - Page 500 INDEX C -3176 BA -066 Balboa Boulevard Rehabilitation (38/40) C -3289 30th Street Storm Drain Environmental and Project Coordination (38) City of Newport Beach City Council Minutes May 24, 1999 • work in conjunction with the 30th Street Storm Drain. The approval recognizes that this firm has a former City employee working for them. Without objection, the motion carried by acclamation. • • MOTION FOR RECONSIDERATION — None. ADJOURNMENT — 9:05 p.m. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx The agenda for the Regular Meeting was posted on May 19, 1999, at 3:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. a� Recording Secrebery 41 v Mayor Volume 52 - Page 501 INDEX