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HomeMy WebLinkAbout03/23/2004 - Study SessionCITY OF NEWPORT BEACH City Council Minutes Study Session March 23, 2004 - 5:00 p.m. ROLL CALL Present: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Heffernan requested that staff present an oral report on Item 17, Financial Impact of the State Budget Proposal and Related Issues, during the evening meeting. 2. MARINER'S MILE WATERFRONT WALKWAY FEASIBILITY STUDY, Volume 56 - Page 764 "ills) D►V (100 -2004) Director of Public Works Steve Badum introduced Randy Mason from Cash & . Associates and informed the Council that he will present a PowerPoint presentation with highlights of the feasibility study for the walkway. Randy Mason, Cash & Associates Engineers, noted that his firm was hired by the City to conduct the study of Mariner's Mile. Referring to the PowerPoint presentation, he noted that the goals of the study were to come to a conclusion about the technical feasibility of providing a walkway for approximately three - quarters of a mile. He noted that from an engineering standpoint it is technically feasible. He said they wanted to define the hard and soft costs — the hard costs being construction costs and the soft costs being permits, engineering and other various costs associated with this type of project. He said they wanted to get the property owner response and noted that he met with almost every property owner, and then to come up with the various different challenges that this project would bring to the table. Referring to the Executive Summary of the costs, he pointed out that the cost is somewhere between $7 - $13 million, which does not include some of the soft costs that they were unable to get involved with since they weren't part of the scope of this project (severance damages, etc.). He noted that the various components in the walkway are pavement upgrades; building /side yard beautification; railings and gates; land and waterside walkways; landscaping, benches, signage; pole - mounted area lighting; stairs and ramps; dock relocations; and lift bridge and equipment. He noted that there were some limitations to their work and specifically noted that they did not do any title reports. Elevation surveys along the walkway were not done, however it needs to be done in the next phase. He said they know that the Coastal Commission is in support of the general concept of the project; however his firm did not have lengthy discussions with them about the project. Referring to the slide, he showed an overall aerial photograph of the walkway. He pointed out . the committed easements that are already recorded and the easements that are Volume 56 - Page 764 "ills) D►V (100 -2004) City of Newport Beach Study Session Minutes March 23, 2004 INDEX recorded. He noted that there are several optional walkway types and three are shown over the water, however for cost analysis purposes they used Type I because of the condition of the seawalls, which are owned by the property owners. The other types of walkways could be used behind the seawalls because they would be more cost effective. The Type V would be for walkways between properties leading back out to Pacific Coast Highway (PCH). Mr. Mason explained that they divided up the properties into six different zones for purposes of illustrating them. Zone 1 is Golden Shores, an office building, and the pathway currently exists there and there would not be too much work needed in that area. He noted that a stairway and a handicapped lift would have to be relocated and a sidewalk would have to be built out over the water as you approach the Villa Nova Restaurant. He showed pictures depicting the improvements that would need to be made in Zone 1. Zone 2 includes the Villa Nova Restaurant, The Towers, and Mariners Mile commercial building. The pathway is proposed to go out over the water in front of Villa Nova, extending their gangways, etc., and suggested that they be allowed to extend their docks beyond the pierhead line. The pathway would go underneath the structure of The Towers and across the frontage of Mariners Mile. There is already an easement on the Mariners Mile property however it is compressed down 3 -1/2 feet below the top of the seawall, so they are recommending to go on the outside of it. Once the walkway is in front of Mariners Mile he said they are suggesting that the pathway be over the water and not in the existing easement since it would be too difficult to make the existing easement work from an ADA standpoint. He noted that the width is about 5 -1/2 to 6 feet. Mr. Mason explained that Zone 3 includes The Waterfront building; the Chart House, Billy's and the Rusty Pelican Restaurants; and the shipyard. He explained that the easiest walkway orientation is across the waterfront. The walkway already exists and it is in fairly good condition although some ramping will need to be done at one end. He stated that the walkways are generally six to eight feet wide and in some cases they decrease to four feet. They could be enlarged for a price, however that is a decision Council would have to make. The walkway in front of the Chart House and Billy's are existing walkways. He pointed out that there is an existing deck at The Rusty Pelican that is at the appropriate elevation for a walking deck; however it would have to be developed. Referring to one of the Larson's office buildings right on the water, he indicated that there will need to be a bridge to allow the launching of vessels from the boatyard. Since they launch up to eight times per day there would be times when an alternative pathway would have to be used. The support of the bridge would be on the Rusty Pelican side and it would land on a new structure at deck level for the office building. For reference purposes, he showed a picture of a conceptual hydraulic bridge that would have the guts of the bridge on the Rusty Pelican side on a large foundation, which would lower horizontally and land on the other building. Zone 4 includes the Port Calypso facility where the walkway would have to go out over the water onto the parking level. The parking spaces would have to be moved over, however none are lost. If the pathway stayed on land, parking would be lost. On many of the properties in this zone he said the docks which Volume 56 - Page 765 City of Newport Beach Study Session Minutes March 23, 2004 INDEX are essentially on the pierhead line would have to be moved beyond the line by the amount that they are displaced by the new walkway. Mr. Mason noted that they have unofficially talked to the Army Corps of Engineers and there is the potential for getting approval to do that. He noted that Joe's Crab Shack is a challenge because the building is right up to the seawall so the walkway would have to go out over the water and there is the same issue with the docks needing to be moved so no rentable space would be lost. The walkway would have to go out over the water at the Josh Slocum's property and pointed out that the restaurant currently sits directly on the seawall. The Wig Shop property also has two residences on it and they are proposing to go out over the water across Josh Slocums and the Wig Shop property and push the docks out over the pierhead line. At the South Shore Yacht Club they are proposing starting out from over the water and going onto land and staying behind the bulkhead. At Pedigree Marine the proposal is to stay on land for the entire walkway, however there is a stairway that would need to be relocated and some view corridors between the buildings have to be maintained. He noted that the proposal is to keep the walkway behind the rails on land, which would definitely affect their business. When the crane is being operated pedestrians could not use the walkway and would have to be redirected to PCH and back to the water again. Zone 5 includes Windows By The Bay, Ardell and Duffy Boats. Currently Windows By the Bay has a walkway on land and they are proposing to use that. A portion of the walkway extends beneath the overhang of the existing building and is approximately 10 feet wide. The Ardell property also currently has a walkway and the proposal includes using the existing walk behind the seawall. After you get to the end of the property there is a building that extends over the bulkhead line that would have to be dealt with if the owner wanted the building to stay there and the walkway would have to go out over the water and around that building. Mr. Mason noted that the Duffy Boat property presents the biggest challenge of all the properties since their operations are so dense in the area and the frequency in which they are back and forth over the water makes it difficult to come up with a plan that doesn't affect their operations in a dramatic way. The proposal, however, does show a walkway over the water. In Zone 6, Mr. Mason noted that the Boy Scouts just reconstructed their whole complex. At the Orange Coast College Sailing base, he noted that they are proposing to use the existing walkway along the waterfront. Mr. Mason reiterated that they spoke with all the owners of the properties and many of them questioned whether the walkway would get enough use and whether it would be worth the amount of money it would cost. He noted that parking was a reoccurring issue with almost everyone and concerns were voiced about the existing restaurant parking be taken by someone coming just to use the walkway. He stated that there were concerns with loss of water space; however they hope to regain it by moving the pierhead line out. Another concern was the loss of landside property because of walkways on land and how that would affect business and business interruptions. View blockage was an issue with some of the restaurant owners who were worried that if people are staged on the walkway in front of tables that are on the windows that it would have a detrimental affect on their business. He noted that noise would be an issue for the residents across the channel. The maintenance of the walkway was also an issue that was raised. Mr. Mason stated that several property owners Volume 56 - Page 766 City of Newport Beach Study Session Minutes March 23, 2004 QUO) questioned whether there would be links to other paths. He noted that those that weren't in support of the project stated that there is a very high perceived cost for the project and questioned whether it would be worth it. Just having the liability of having the public near commercial facilities, particularly the boat yards, was brought up by several of the owners. He stated that they would not want the walkway to impact any of the existing seawalls so they would not be putting any additional loads on the walls. Restroom facilities would have to be provided and the owners of the facilities did not particularly want their restrooms to be used by the public at- large. He noted that they did not look into severance damages, however that would have to be part of the next phase of the study to determine what those might be and for whom. He stated that an environmental impact study or report would undoubtedly be required for a project like this. Mayor Pro Tem Adams questioned whether the City is currently conditioning redevelopment or land use changes in this area to provide the public walkway along the water. Assistant City Manager Wood responded in the affirmative; however was unsure of the width required. Planning Director Temple indicated that the City attempts to get ten feet, however will settle for six feet. Mayor Ridgeway noted that between Coastal Commission and the City, they've been conditioning vertical and horizontal access. City Manager Bludau said that even though the proposal is not to put the walkway on top of the existing seawalls, he would be concerned about potential damage to the seawall from driving in the pilings so close to the wall. Mr. Mason explained the process that would be used to pre -drill the holes and minimize that potential. Mayor Pro Tem Adams questioned the timing with redevelopment issues and said that he feels the City should still shoot for the "ideal" through redevelopment. Mr. Mason explained his theory as to why some of the properties never built out to their legal bulkhead lines. Council Member Webb said he thinks Mr. Mason has put together the best alignment and concept that the City could hope to get however he said he agrees with Mayor Pro Tem Adams that as properties redevelop that the City needs to work with them to come up with more of a promenade effect. He noted, however, that each one will have to be looked at separately. He said that approximately one -third of the properties are older and may be redeveloped in the future. He said that perhaps the City should look at those more carefully as far as the expense of developing in front of them. He explained that this would be a long term project and the City needs to figure out and adopt some sort of plan similar to this as a master plan and works towards it. Mr. Mason clarified that when he spoke of land acquisition costs, he was really referring to easement acquisition as opposed to fee acquisition. As far as moving the pierhead lines, Mr. Mason explained that if the City proposes to stay within a tolerable limit within the Army Corps of Engineers threshold, then the permit cycle would be two to five years. This would mean going out no further than 20 feet from the current pierhead line. If that pierhead line were stretched out to 40 or 50 feet which would take them into the federal dredge limits, the process would take seven to ten years and would literally take an act of Congress to get it ultimately approved. He said there are various studies that would be required before any permits would be issued by the Army Corps of Engineers. Mr. Mason explained that the current Volume 56 - Page 767 E 0 9 City of Newport Beach Study Session Minutes March 23, 2004 INDEX proposal only includes extending the pierhead line to the minimum number; however the City may elect to get as much as possible in order to support the commercial businesses. He suggested that the City may want to try to go out as far as allowed to go without creating the ten year process, which he believes would be twenty feet. Mayor Ridgeway explained that a number of properties would benefit from the pierhead line move and could reconfigure their marina and dock situation and create more docks. In response to Council Member Nichols' question about the feasibility of lowering the walkway to prevent view blockage, Mr. Mason explained that you have to be at a certain elevation due to the tidal elevations and you don't want the structural components to be submerged because you would lose life of the new structures. He also noted that currently the City has a datum that no seawall can be less than nine feet high ( +9) and basically the walkway is at that same height. In response to Council Member Nichols, Mr. Mason reported that the walkway would have to go around three commercial establishments (two boatyards and Duffy's which is a combined boatyard /commercial entity), and the launching at the Scout Base would be pretty inconsequential. Mayor Ridgeway reiterated that Council does not take action at Study Sessions; however staff is looking for direction. He said he is convinced that this will be an entirely different Council by the time this comes up for some of the votes and future Councils will have to make some hard decisions. In response to Mayor Ridgeway, Mr. Mason said that he believes the next step would be the moving of the pierhead line because it has benefits to the City and the community if that • can be accomplished. He noted that the cost would be between $150,000 - $500,000 depending on how far out into the water the pierhead is moved and how many studies are needed to justify it. Mr. Mason pointed out that the California Coastal Commission has two charters: 1) public access to the water's edge; and 2) environmental issues, and this accomplishes at least one of those charters. He further indicated that from past experience, the Commission wants to get people to the water and will ease off on some of the environmental requirements if they get people to the water. The environmental issues would be eelgrass, life forms that would be shaded and the mudflats that would be degraded because they're being covered. In response to Council Member Nichols, Mr. Mason reported that the walkway would be at the same level as the existing seawall. Mr. Mason noted that with the current property orientations he doesn't believe there could ever be a straight walkway and the walkway would always be following the pathway of the existing bulkheads, not necessarily the bulkhead line. It was confirmed for Council Member Nichols that the walkway would be built at the bulkhead line, not at the pierhead line. Mr. Mason explained that the Army Corps of Engineers and the Coastal Commission would make you put the walkway closer to land and they would not want a walkway over the water just for the sake of it being over the water. In response to Council Member Rosansky, Mr. Mason reported that his report did take into consideration some soft costs — the cost of engineering, cost of permits, acquisition of land or water, however it did not include things like severance damages and he isn't sure how to put a price on that. Dave Winkler, owner of Rusty Pelican Restaurant, stated that he is not interested in creating the "e -ride' at the Rusty Pelican. He said he feels it is a • very dangerous device that would be approximately 35 feet high, which would be higher than the roof on the Rusty Pelican. He said there are seismic situations Volume 56 - Page 768 City of Newport Beach Study Session Minutes March 23, 2004 I SO 11 and high winds to be considered. He noted that it would probably cost less to wrap around the building, exit in the parking lot and go to Larson's Shipyard. He questioned who would maintain the hydraulic bridge and who would assume the liability. He asked the Council to consider these considerations and suggested that the Council Members walk from the Arches to the Bay Club to see what is involved. He said he thinks it's a very creative idea, however from the Rusty Pelican standpoint, he is concerned that there is a walkway at the same level as the first floor dining. He said he feels this is being proposed in reverse since typically the walkway would be put in first so you could make sure the table levels are high enough to overlook the pedestrians on the walkway. He requested that the four page letter he sent to Council be made part of the record. He asked that the Council consider doing an economic report on some of the impacts to the commercial ventures along the walkway. Mr. Winkler said he would like to see the Council solve the parking problem before they move ahead and spend a lot of money on building a walkway. He said he believes they could manage this if the docks could be pushed out a little ways. Ted Robinson, owner of Larson's Shipyard, said he likes the idea however he questioned the basic concept of the whole project since he feels it will generate more traffic. If this were to be proposed to be developed as a commercial project it would have to be "canned" because there isn't an anchor or amenities to draw in the foot traffic. He stated that the boat in the bay isn't enough to sustain businesses along a mile of walkway. He made reference to comments in the paper about there being boutiques along the walkway, as well as restaurants, and noted that there are boutiques along the walkway in Lido Village, however there isn't enough traffic during the week to sustain them. He questioned whether people would be willing to park across the street and walk the entire length of the walkway. He voiced concerns with the maintenance, liability and lighting. He noted that he is neutral on the project, however doesn't think it will work as a concept since it won't have the foot traffic needed to justify the money that will be spent. Council Member Heffernan spoke in opposition and noted that there has been a lot of discussion about the replacement of City Hall, which he feels will benefit everyone in the City versus a walkway even thought it is a noble idea. Until the City Hall issue is addressed thoroughly, he would question why the City would spend $100,000 - $500,000 on a new study on a project like this that is much more problematic and more off in the future. He said he feels it benefits people far less than having a sizeable modern city hall facility. He said he would be against spending money unless the City is really going to take it to the next step. He said that if the City proceeds it needs to do some severance studies and see what the project will really cost. He .said he is opposed to spending more money on a study unless there is a more comprehensive study dealing with all the cost structures. Mayor Pro Tem Adams said he is okay with proceeding with the moving of the pierhead lines, however he would be more interested in the ultimate plan, or vision of what it might look like 50 -100 years from now when all the properties redevelop. He agreed with Mr. Robinson based on the current development along there, however if the City diligently pursues getting 10 — 15 feet on the frontage of the properties, the whole area could transform and perhaps some day there would be an anchor that would draw in the foot traffic. He stated that Volume 56 - Page 769 L 0 LI City of Newport Beach Study Session Minutes March 23, 2004 perhaps the General Plan Update should address this. He noted that this is a short -term thing that gives people access to the water and stated that the cost benefit is questionable, however if it is something that the City can afford over a reasonable amount of time, it should be pursued. Council Member Bromberg said he believes it is a beautiful project, however he isn't sure whether this is the place to do it. He stated that looking at the impacts and the cost, his sense is that it will turn into an extremely costly project. He said he hasn't seen anything to suggest that it will draw people down here to spend more time on the water, and he doesn't think it will. He doesn't believe it will make it a destination. He said he feels Mariner's Mile does need some help and he'll support anything that needs to be done to make Mariner's Mile more productive than it is now, however he isn't so sure that this is the project. Council Member Webb stated that perhaps there isn't an anchor today; however you have to look at Mariner's Mile in a manner where you can envision bringing more people in. He said perhaps some mixed use /residential use should be considered that could create some people that would walk back and forth rather than drive back and forth. At the very least there needs to be a master plan and a direction to go before anyone comes in and redevelops that will tie into the existing facilities that are there. He said it wouldn't be a bad idea for the City to at least look at more specifically what it would take with the Corps of Engineers to have the pierhead line moved out twenty (20) feet and if it is possible for that to be a revenue source. Council Member Webb said the next step needs to be to look at the feasibility of moving the pierhead out, as well as establishing a master plan that requires future development to have a walkway across their frontage. Council Member Nichols said he thinks the long range planning should be brought back to the owners to see if it makes any sense to them. He said he really doesn't favor going further at this time with the planning. He said he doesn't see this project as a drawing card and believes it needs to be a fairly straight walkway. Council Member Rosansky said he thinks it is an interesting plan and idea; however he does think that the Council needs to look at this in the context of an overall plan for the Mariner's Mile area. He noted that there are traffic problems on Coast Highway, parking issues that need to be resolved, and he isn't sure that there is even a concrete theme for the whole area. He said he sees this as a welcome first step in trying to formulate a comprehensive plan for that area. He said he doesn't think the walkway will survive on its own and it is only one part of a very comprehensive plan. Rather than narrowing in, he said perhaps the focus should be expanded more to see how it could work with other types of improvements that could be made to Mariner's Mile. Council Member Heffernan said that probably the largest piece of land in that area is the Ardell Shipyard site, which he understands is for sale. He said this proposal may really be impacted by what happens on that property. Mayor Ridgeway stated that the comments about the sale of the Ardell property and future planning dictate that the City really should initiate moving the Volume 56 - Page 770 City of Newport Beach Study Session Minutes March 23, 2004 INDEX pierhead line out no more than twenty (20) feet. He said he agrees with everyone who spoke in support of looking at a master plan in the area. He noted that there is a Mariner's Mile Association in District 3 and he believes they have discussed the proposal. He said he believes that concurrently some initial studies should be done. PUBLIC COMMENTS Bob Calkins questioned what the difference is between a current business item and a public hearing. City Attorney Burnham reported that there is not a public hearing required for decisions such as the one contemplated to take over jurisdiction of the highway. CLOSED SESSION City Attorney Burnham requested that an item be added to the Closed Session agenda which relates to the special circumstance variance that was issued for 505 J Street. The City received a call today from an attorney representing a neighbor of that property and staff has reason to believe that the issuance of that variance could lead to litigation. The attorney representing the neighbor asked if the City Council would consider entering into a tolling agreement that would stay the need to file a Writ of Mandate challenging the variance. He explained that the Council will need to make a determination that the need to take action arose after the agenda was posted and if so, to add that item to the agenda. He stated that the agenda was posted on Friday and the communication was received today. Motion by Mayor Ridgeway to add the potential litigation item as described by the City Attorney to the Closed Session agenda. Hearing no opposition, the item was added to the agenda. - at 6:19 p.m. •, e**** * *� * * * *,r,rx,r * * * *,exrexx *,rx,r The agenda for the Study Session was posted on March 17, 2004, at 2:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. Recording Secretary 1. te See Mayor City Clerk Volume 56 - Page 771 E