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HomeMy WebLinkAbout08/10/2004 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session August 10, 2004 - 4:00 p.m. ROLL CALL Present: Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: Heffernan, Adams — excused CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR - None. 2. BALBOA BAY CLUB UPDATE. City Manager Bludau reported that Council Member Bromberg requested this item. Planning Director Temple reported that the Balboa Bay Club has its occupancy permit and is in full operation. She indicated that the issues that were unresolved prior to the issuance of the occupancy permit have almost been fully resolved. She stated that there were building code issues related to path of travel and access which were resolved to the satisfaction of the building inspector. She noted that the Public Works Department had concerns about strict compliance with the approved site plan, particularly as it related to curbs and access to a portion of one of the parking structures. She stated that those were resolved by altering the landscaping, changing the way the kiosk operated, and understanding the access limitation to that portion of the parking structure. Ms. Temple stated that placing signs in appropriate locations took a bit of work between the Planning Department and the Club's sign consultants to ensure they were fabricated so they remained visible. She indicated that, after a couple of prototypes, City staff and Coastal Commission staff felt satisfied with the public access signage installations. She reported that there are public welcome signs at either side of the main entrance, and there are signs directing the public to the bay and to the hotel's public facilities. She added that there is a sign outside of the Club that indicates which facilities are fully accessible to the public. Ms. Temple indicated that there were issues regarding the maintenance of the public view corridors as established by the original Planned Community. She reported that the Club removed the vines that were installed in front of the open, wrought iron fence which would've covered the fence and obscured the sightline over time. She indicated that adjusting the exterior lighting to address concerns regarding glare and the concealment of light sources probably took the most amount of time and cost for the Club. Ms. Temple reported that the major issue is compliance with a Coastal Commission permit requirement regarding the accessibility of parking to the general public. She stated that special conditions were written which the Club believed to mean that the public had access to the facility because there was a Volume 56 - Page 1124 INDEX C -519 Balboa Bay Club (38/100 -2004) City of Newport Beach Study Session Minutes August 10, 2004 INDEX modest valet parking charge which allowed them entry. However, City staff and Coastal Commission staff felt this was not consistent with the spirit and intent of what they wanted to achieve relative to maintaining public accessibility to the property. She noted that the site is considered tidelands by the State and the prior use of a private club and private residential area were not consistent with tidelands uses. She reported that, in order to maintain the apartments, it was understood that the new part of the facility was to be publicly accessible and that the valet parking was probably an obstacle to that. She indicated that the Club proposed reinstating self, parking, and this was approved by the Coastal Commission within the last couple of months. She added that the Club is in the process of bidding out and obtaining the equipment and signage necessary to implement this in about a month. Ms. Temple reported that, when the project was approved, there was a question about where physical public access could be achieved. She stated that the exhibit in the staff report depicts what was approved by the City and the Coastal Commission. She noted that there is a walkway that runs from the right side of the main entry to the front of the hotel bay front. She noted that the path is actually just short of the bayshores property line due to the driveway access to the east structure. She reported that there never was a requirement to make the beach accessible to the general public nor is there a public accessway in front of the apartment portion of the project since the area is constricted and would seldom be used. She added that the beach can only be used by members of the Club and anyone staying at the hotel. She stated that the City and the Coastal Commission were comfortable with this because the beach is small and already highly utilized. Council Member Bromberg stated that he had questions about the beach, but they were answered and added that he was not aware that the Coastal Commission weighed in on this issue. He requested and received clarification from Ms. Temple that people are currently required to use valet parking because the second plan has not been fully implemented yet. She stated that the first half hour of valet parking is free, but the next three hours can be charged or made free by validation if they purchase goods or services at the hotel. She noted that additional signage and control gate mechanisms need to be installed before self parking can take place. She stated that the City did not place any restrictions on charging for parking and this is within the approval of the Coastal Commission. She indicated that unlimited free parking was not required. Council Member Bromberg indicated that there is always a comparison between Marinapark and the Balboa Bay Club. He asked that something come back relative to the history of the arrangement the City has with the Club. He noted that the facility is on tidelands and, even though the Club is open to the public, for all intensive purposes it is a private facility. He indicated that many people have felt uncomfortable entering the facility because it is more a private club than not. Council Member Rosansky stated that he has also heard parallels between the proposed Marinapark development and the Balboa Bay Club. He indicated that he hopes that whatever the City learned with the Balboa Bay Club will be applied to the Marinapark project, if the voters approve it, because public access is a concern. He stated that this may be a different situation since there are public streets on either side of Marinapark. Volume 56 - Page 1125 City of Newport Beach Study Session Minutes August 10, 2004 INDEX In response to Mayor Ridgeway's questions, Ms. Temple indicated that there isn't. a number of parking spaces that are dedicated for free parking. She stated that there currently is a sign that indicates that the first half hour of valet parking to the public is free and explains the additional time with validation. She indicated that the person currently at the kiosk will direct people to the valet station; however, when the change occurs, there will also be signage about self parking, signage with directions to the self parking location, and a person at the kiosk to assist the public. Mayor Ridgeway believed that there is some confusion at the kiosk, but at least the Coastal Commission and the Planning Department staff made it inviting to come through the front gate. Dave Wooten, CEO of the Balboa Bay Club, confirmed that the first half hour of valet parking is free and that there is up to three hours of free parking with validation for any purchase, even a stick of gum. He indicated that he does not have a count as to how many people use the site, but reported that they have 4,000 to 4,500 overnight rooms available per month and they are running in excess of 50% occupancy. He noted that well over 1,000 hotel guests will use the facility, emphasizing that this does not include people who come to the Club for lunch, drinks, dancing, or to walk around. Mr. Wooten stated that it disturbs them to hear that people didn't know that the Club was open to the public. He noted that the hotel is a public hotel and all the facilities to the left are open to the public, except for one dining room in the hotel that is for members only. Council Member Bromberg reported that he's been told that people don't feel welcome at the Club. He relayed what happened to him P/2 hours ago when he pulled up to the kiosk and asked the guard if there was any parking for the public other than valet parking. Mr. Wooten reported that they are striving very hard to achieve a five diamond/five star rating and educate their staff to exhibit the highest standard of courtesy. He stated that he hears similar stories, but for every one of those stories, he hears many comments about the quality of the reception. Council Member Bromberg reported that this wasn't the first time this has happened to him. Mayor Ridgeway indicated that he was insistent to the kiosk guard about a month ago that there was a place for self parking. Mr. Wooten reported that there currently is no self parking and there will not be until they can install the controls that Ms. Temple mentioned. He believed that this may take about a month but he doesn't have a schedule for the installation of the equipment and signage. Mr. Wooten reported that they have a consultant who works with the Ritz Carlton and Four Seasons, and trains their employees how to interact with the public in a positive manner. He stated that what happened to Council Member Bromberg is serious and telling to him. He indicated that he will mention the incident to Mr. Shehan when he goes back to the Club. Council Member Bromberg reported that this also happened to him seven months ago. Mr. Wooten stated that he is happy to meet with the City Council to provide a history of the Balboa Bay Club as it relates to the City. Council Member Webb noted that he saw a 35th anniversary book about the Balboa Bay Club and asked if anything in the book relays the history. Mr. Wooten stated that he would be glad to provide Council with the book, Host of the Coast, noting that it will probably bring Council up to date until about 1985. He reported that a provision in the Volume 56 - Page 1126 City of Newport Beach Study Session Minutes August 10, 2004 1986 25 -year lease was that, if the Balboa .Bay Club went through the redevelopment approval process, the Club would be given a new 50 -year lease. Council Member Nichols reported that when he went to the Club for meetings, the guard directed him to self parking which was abundant. He stated that he didn't feel like he was going into a private club and was pleased with his experiences. He indicated that he wasn't aware that he had to use valet parking. Dolores Otting, Newport Beach, stated that she was happy when the signs along Coast Highway were taken down; however, sometimes the signs welcoming the public have fallen over or are in the bushes. She indicated that, when the public enters the Club, they come in from the other side. She stated that the Club installed a bench, but suggested installing another bench and a trash can. She asked how much parking costs and when they started paying full lease rent to the City. She noted that they advertise on the radio and do want people to come there. Council Member Webb reported that the Club has been paying full rent since April 2003. Ms. Temple clarified that there were problems with the temporary prototype signs; however, there shouldn't be any problems with the permanent signs. 3. MARINE LIFE REFUGE PROGRAM BY SURFRIDER. Assistant City Manager Kiff stated that this first came to the Coastal/Bay Water Quality Committee and it was suggested that Surfrider bring this concept to Council. Nancy Hastings, Southern California Field Coordinator for the Surfrider Foundation, stated that Surfrider and the Orange County Coastkeepers request that Council support the implementation of the Marine Life Protection Act (MLPA). She utilized a PowerPoint presentation, reporting that the MLPA and the Marine Managed Areas Improvement Act both passed legislation in 1999. She stated that the MLPA mandates a redesign of California's marine protected areas (MPA) to improve the protection of marine life, habitat, and ecosystems. She noted that this is the Department of Fish and Game's responsibility. She indicated that the Marine Managed Areas Improvement Act focuses on simplifying the way MPAs are classified. Ms. Hastings stated that the goals of the MLPA go beyond fishing regulations and discusses ecosystem management. She reported that the MLPA protects diversity, abundance of marine life, structure, function, and integrity of the ecosystems; improves recreational and educational research opportunities provided by these areas that have limited disturbances from man; sustains, conserves, and protects marine life population; and protects areas for their natural heritage for their intrinsic value. Ms. Hastings reported that an MPA is any area in the marine environment that's set aside by Federal, State, territorial, tribal, or local laws to provide long term protection for some or all of the resources inside the boundaries. She stated that natural events affect the marine ecosystems; however habitat destruction, over fishing, introduced species, pollution, and coastal development also affects the ecosystems. She reported that over fishing occurs when people take resources out of the ocean at a rate in which it can no longer sustain itself. She stated that another type of habitat destruction occurs when top predators are taken out of the food chain. Volume 56 - Page 1127 INDEX (100 -2004) City of Newport Beach Study Session Minutes August 10, 2004 INDEX Ms. Hastings reported that there are over 2,000 MPAs in the world, but less than 1% of the world's oceans and less than .01% of United State's oceans are "no take marine reserves ". She noted that there are 62 MPAs in California, but 19 of them are marine reserves. She reported that the only no take marine reserve in Orange County is at Heisler Park, but it is very small. Ms. Hastings displayed a map of MPAs in Orange County and clarified that a lot of the areas were established in the 1960s and 1970s with the science that was available then. She indicated that science today tells them that these areas need to have better connectivity and larvae dispersal, and the currents need to be taken into account. Further, some of these areas are areas of special biological significance which deal with illegal discharges but nothing to do with protecting the species or habitat within them. She stated that there is scientific consensus that MPAs will increase the size of individuals, increase population density, create greater biodiversity within the regions, and preserve ecosystem integrity. Ms. Hastings reported that when fish get fat and old, they reproduce exponentially. However, even with catch limits, bigger fish are still allowed to be caught. Ms. Hastings reported that, when the law passed in 1999, scientists came up with the maps, which meant there was no public involvement. She stated that, in 2002 -2003, they started again with seven regional working groups that included a broad range of stakeholders. She indicated that they were having a lot of progress until the budget crisis hit, and the process fell apart in January 2004 when they put the MLPA on indefinite hold. She reported that, when Governor Schwarzenegger released his Ocean Resources Management Strategy, the Department of Fish and Game updated its website and indicated that there was a renewed interest in implementing the law. She noted that it will start in the central coast region and all other regions will be implemented between 2006 and 2011. Ms. Hastings stated that waiting until 2011 is not good enough since there are affordable ways to implement this sooner. She requested that Council adopt a resolution asking that this be implemented as creatively and as quickly as possible, and that it involve all the stakeholders (scientists, commercial fishermen, recreational fishermen, and anyone else who has an interest in protecting these resources). In response to Council Member Webb's questions, Ms. Hastings stated that there is a huge concern about managing and monitoring the areas once they are established. She indicated that an affordable way to implement this is to look at areas that already have land -based management. She noted that Crystal Cove State Park has State staff on land and, since California waters only extend three miles, it would not be too difficult to train them to use binoculars to see if there is illegal activity or fishing occurring and to report it to the Department of Fish and Game. She stated that this would cut down their responsibility for doing ocean - based management and monitoring. Ms. Hastings added that the Orange County Coastkeepers conducts kelp restoration projects and are always on the water monitoring those areas. Nancy Gardner stated that non - profit groups like Surfrider and Coastkeepers can approach the scientific community who will sometimes volunteer their time. She indicated that they will be working also to bring in stakeholders and not depend on the State's budget to do this process for them. Volume 56 - Page 1128 City of Newport Beach Study Session Minutes August 10, 2004 Assistant City Manager Kiff noted that there is a draft resolution in the staff report and that it will be brought back to Council at the next regular meeting. Ms. Hastings requested an opportunity to update the resolution to say they want the MLPA to be implemented in Southern California. She reported that they presented outreach packets to the Coastal/Bay Water Quality Committee and have extras if Council wants them. City Manager Bludau asked if there are any areas along the coast in more need of protection. Ms. Hastings indicated that the majority of the California coastline has been hammered. She stated that areas should also be identified that were once abundant but aren't anymore, set them up as a marine reserve, and allow the science community and Coastkeepers the opportunity to restore the area. She added that this has minimal displacement of the fishermen. Mayor Ridgeway agreed that the waters here have been over - fished. He stated that he chairs the Coastal/Bay Water Quality Committee and was concerned about the fishing industry not participating in the process; however, as written, the fishing industry is invited and made a part of the resolution. Council Member Bromberg stated that he would like to see this come back. He indicated that the fishing industry should attend the meeting and weigh in on this issue. He noted that the City has been recognized nationally for what it does with the saltwater and this resolution is just another thing that should be done. Council Member Webb suggested that, "That the foregoing is true, correct and adopted" be deleted in the resolution. 4. TRAFFIC COLLISIONS RESULTING FROM RED LIGHT VIOLATIONS. Transportation/Development Services Manager Edmonston reported that this was brought to Council at the request of Council Member Webb. He indicated that there is an error to the table for Jamboree/MacArthur, reporting that the total average collision should be 11.67 and the percentage should be 26 %. He stated that he read the traffic and collision reports for the intersections listed and reported that there is almost no mention of what the drivers were doing at the Jamboree/Bristol South intersection that led to them running the red light. However, at Bristol North/Campus, there were quite a few reports in which the driver looked away and the light was red when they looked up again. Mr. Edmonston reported that he talked to Costa Mesa and Garden Grove who use photo enforcement. He stated that he did not get a lot of information about how they determined the locations, but they generally look at areas with the higher number of accidents related to red lights. He indicated that Costa Mesa paid their vendor a fee to monitor the intersections and determine if there are sufficient number of violations to warrant the installation of the equipment. He stated that, once installed, Costa Mesa gets a flat rate per intersection plus a set amount per citation. He emphasized that, by law, every citation is reviewed and issued by a police officer. Further, if a person is within the first half second of the red light, typically they do not cite the driver since they generally aren't the violators that are causing problems. Volume 56 - Page 1129 1 1017 X11 (100 -2004) City of Newport Beach Study Session Minutes August 10, 2004 INDEX Mr. Edmonston believed that, at Bristol North /Campus, the cycle length throws motorists off because the green light is on only half the length of time as usual. He reported that the two intersections having nine collision violations a year (Bristol North/Campus and Bristol South/Jamboree) are intersections that have large sign structures on the approach that attempts to tell drivers which lane they should be in. He stated that none of the drivers involved in the accidents at Bristol North/Campus mentioned the signs; however, a number of drivers at Bristol South/Jamboree indicated that they were looking at the sign and trying to figure out which lane they should be in. He noted that there used to be a lot of red light violations northbound on Jamboree, but Caltrans moved the sign further away from the intersection. He stated that this might be considered at these two locations since the City is positioned to take over those intersections and signs later this year through their relinquishment of that piece of Route 73. Council Member Webb asked if Costa Mesa has seen a reduction of accidents at the intersections with red light monitoring systems. Mr. Edmonston stated that they have not done a lot of analysis because it has been a short period of time. He reported that Garden Grove has seen a reduction and noted that their primary problem was that people ran the red light four or five seconds after it turned red in order to make a left turn. Mr. Edmonston believed that a more detailed report of the red light monitoring systems and experiences from cities that have used them would be appropriate. He stated that the Costa Mesa Public Works Department indicated that this has generated more work for their staff than they anticipated. He noted that vendors were anxious a couple of years ago to put in demonstration locations, but he is not sure if this is still the case. Council Member Webb stated that he asked for a report because there was a fatality in June at Bristol North/Campus. He noted that almost 71% of the collisions at the intersection happened because someone ran a red light. He expressed the opinion that the City needs to look at the intersections that are 50% and above. He stated that the Police Department has a device which determines if people have ran a red light, but they are not there 24 hours a day. He indicated that, if the City can't install this type of system, it needs to look at some other system to try to reduce the number of people running red lights. Council Member Nichols stated that he went to traffic court. He noted that red light tickets are one of the most expensive tickets and 75% of the people were there because they ran a red light. He reported that 300 tickets were repealed that were issued by Costa Mesa because the yellow light was not long enough. He stated that he is worried that this could occur. He indicated that someone ran a red light at MacArthur /Campus and he hit him. He noted that the intersection is very wide and asked if they are given enough yellow time. Mr. Edmonston reported that Costa Mesa installed cameras at locations where the signals were controlled by Caltrans. He noted that the law requires that the yellow time be at least as long as what the Caltrans manual states it should be and, in Costa Mesa's case, Caltrans' signals weren't long enough. He pointed out that the City controls its signals and would be issuing the citations. He emphasized that a yellow light is designed to give people enough time to stop as they approach an intersection. He added that, if there are problems with cars not clearing the intersection, they could put in a period of all red lights so no one is moving until the cars clear the intersection. He indicated that this is one of the Volume 56 - Page 1130 City of Newport Beach Study Session Minutes August 10, 2004 INDEX reported advantages of the Costa Mesa vendor because their system won't give the other direction a green light if it detects that a car may run a red light. He noted that, if someone is going to be five or six seconds late, their detection zone may not extend that far down the street. Mr. Edmonston reported that when the City did its traffic signal optimization study, which will be brought to Council in two weeks, they had very limited refinements to Bristol Street because Caltrans has all seven intersections interconnected electronically. He stated that it is running as best it can so traffic is not backed up into the adjacent intersections. Mayor Ridgeway stated that he is not a fan of photo enforcement. He indicated that, if there is a problem at Bristol North/Campus, it should be looked at and other methods should also be reviewed to mitigate traffic collisions. He believed that photo enforcement is the last resort. Council Member Rosansky believed that the photo enforced intersections in Costa Mesa are effective, but stated that people are almost stopping too soon at those intersections. He asked if they are almost creating rear - enders. Mr. Edmonston stated that this would be useful information if the City wanted to pursue this. Council Member Rosansky indicated that this should not be a way to generate revenue but the City should find a way to fix the problem. Council Member Webb stated that he is interested in getting something started in an area that has an excessive number of people running red lights. He indicated that, if they are causing accidents, the City is obligated to look into as many different things as possible and not rule out photo enforcement. Mr. Edmonston reported that they purchased a traffic accident database program through a grant. He stated that they are having trouble at the Bristol Street corridor because the program thinks it's just one street. He indicated that they manually separate the data for the two intersections. He reported that they wanted this program so they could determine where the highest number of accidents were occurring and then do engineering investigation. Council Member Nichols indicated that he wouldn't support photo enforcement. He noted that the offset intersection and offset traffic lights at Goldenrod/ Coast Highway are working well and people aren't getting stuck in the intersection. City Manager Bludau emphasized that staff would never recommend photo enforcement based on increased revenues to the City. He asked when the relinquishment will occur. Mr. Edmonton reported that it will occur in October /November 2004. Regarding Bristol Street, he confirmed that the street has a set electronic sequencing time. Mayor Ridgeway believed that one of the most difficult intersections is Bristol North/Birch since there is a freeway off ramp. He stated that photo enforcement would not do anything there. Council Member Bromberg agreed that he hopes the City never sees photo enforcement. He complimented Mr. Edmonston and staff for doing a great job. He added that people have told him that the photo enforcement lights are targets for bb guns. Volume 56 - Page 1131 City of Newport Beach Study Session Minutes August 10, 2004 City Manager Bludau noted that the traffic synchronization project will be brought back at the next study session. In response to Council Member Nichols' question about the light at MacArthur/ San Joaquin Hills, Mr. Edmonston reported that the pavement on San Joaquin Hills failed and the loops had lifted up out of the pavement. He stated that General Services repaved it and the company needs to hook the loops into the cabinets. PUBLIC COMMENTS - None. ADJOURNMENT - at 5:35 p.m. to Closed Session to discuss matters regarding the Coyote Canyon Landfill. The agenda for the Study Session was posted on August 4, 2004, at 4:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 56 - Page 1132 INDEX City of Newport Beach Study Session Minutes August 10, 2004 11013 THIS PAGE LEFT BLANK INTENTIONALLY. Volume 56 - Page 1133