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HomeMy WebLinkAbout11/09/2004 - Study Sessionr CITY OF NEWPORT BEACH City Council Minutes Study Session November 9, 2004 - 4:30 p.m. ROLL CALL Present: Heffernan (arrived at 5:10 p.m.), Rosansky, Bromberg, Webb, Daigle, Nichols, Mayor Ridgeway Absent: None CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Council Member Nichols stated that at the regular meeting, he would be asking for a status report on how the Newport Coast Elementary School loop road is working. He stated that this could be done during the discussion of either Item Nos. 6 or 7, and added that he would also like a report on the costs. 2. PARK PATROL ANNUAL REPORT [ORAL PRESENTATION]. City Manager Bludau noted that Item No. 17, Park Facilities — Rules and Regulations, at the regular meeting would also be addressing the park patrol program. Recreation & Senior Services Director Knight reported that in October 2003, the park patrol program was launched. She stated that staff is very pleased with the success of the program during its first year, and that quite a bit of positive feedback has been received from the public and other City departments. She stated that the youth sports organizations, in particular, have been extremely supportive and are pleased with the increase in service that has been provided. Director Knight acknowledged the park patrol officers, Craig Brown and Sam Rodriquez, and stated that much of the success of the program can be credited to these two individuals. Director Knight introduced Mr. Brown, the lead park patrol officer. Using a PowerPoint presentation, Mr. Brown stated that the park patrol program was created to monitor and solve use issues in City parks and fields. He reported that prior to the creation of the park patrol program, the recreation division received many complaints. The program has been successful in the early detection of field damage and the early reporting of graffiti. He stated that field reservations have increased by approximately 30 %, and picnic and park reservation permits have increased by approximately 40 %. Mr. Brown reported that the park patrol officers monitor the use of City community centers, check on smaller special events, discover unsafe conditions, and monitor picnic and park uses. He stated that he and Mr. Rodriquez work a total of 50 hours per week, between the two of them, during the evenings and weekend days. Mr. Brown reported that education is the first priority. In the first year, four Volume 56 - Page 1304 INDEX (100 -2004) City of Newport Beach Study Session Minutes November 9, 2004 INDEX administrative citations, ten parking citations and sixty warnings were issued. He noted that most of the warnings were also for parking. Of the four administrative citations issued, one was for a group that had knocked down a fence to play football on a field that had just been covered with new sod and seed, and was closed. A second citation was issued to a private tennis instructor who was teaching lessons on public courts. A third citation was issued to an instructor who was teaching private lacrosse lessons at a public park. And, the fourth citation was issued for a wedding, where an entire area at a park was sealed off. He stated that most of the parking citations were issued for parking in handicapped zones. Additionally, Mr. Brown listed the number of contacts during the first year of the park patrol program. Mr. Brown stated that other accomplishments of the program have included increased park maintenance, reduction of police time at the parks, safety zone monitoring for the after school programs and other recreation programs, increased customer support and special event permit compliance. Mr. Brown reported that the funding of the program was 100% self supported in the first fiscal year. Specifically, $47,737 was generated in revenue and expenses totaled $43,121. Mr. Brown stated that, in the future, the program is expected to improve recreation experiences provided to the community, strengthen the communication with the public and other City departments, provide more daytime coverage and continue to improve the relations with the Police Department. Mayor Ridgeway confirmed with Acting City Attorney Clauson that the park patrol officers were given the authority to issue citations through an amendment to the City's municipal code. Additionally, Mayor Ridgeway asked how much revenue is received from citations. Acting City Attorney Clauson stated that the first time issuance of an administrative citation carries a fine of $100, and payment is enforced by the revenue division. She added that there is an appeal process. Mr. Brown reported that he was unaware of any of the four citations being appealed. In response to Mayor Ridgeway's question, Director Knight stated that the $43,121 includes the salaries of the two park patrol officers and program costs. The park patrol officers use the two vehicles assigned to the recreation division. City Manager Bludau noted that the vehicle situation possibly needs to be stabilized. Director Knight agreed, and explained that the vehicles are small and the park patrol officers need to carry equipment with them. Director Knight added that the two patrol officers work staggered shifts, and it has been found that the off season and evening hours have ended up being their busier times. Mayor Ridgeway asked Mr. Brown what problems may not have been included in his report. Mr. Brown stated that fortunately 99% of the public has complied with the requests of the park patrol officers. In response to Mayor Ridgeway's question, Mr. Brown stated that the officers do not patrol the fire rings at Corona del Mar, although they will respond to calls for request. In response to an additional question by Mayor Ridgeway, Director Knight stated that approximately 300 special event requests are received annually for the smaller events, such as weddings. Council Member Webb asked how the public contacts the park patrol officers if they note a situation that needs to be addressed. Mr. Brown stated that they can reach the park patrol officer on duty by calling 949 - 795 -2381. Council Member Nichols asked for an explanation of the policy regarding Volume 56 - Page 1305 City of Newport Beach Study Session Minutes November 9, 2004 instructors using City facilities. Director Knight stated that the City's municipal code prohibits the use of public property for commercial gain. Council Member Nichols asked if such instructors could rent City facilities. Director Knight responded in the affirmative and explained that a fee would be charged according to the rate schedule that is in place for all of the City's facilities and parks. She added that the fees vary by use, from local nonprofit to commercial. In response to Council Member Nichols' question, Director Knight explained that a permit is required for groups of more than 150 people and is suggested for groups that want to guarantee exclusive use of an area. 3. REVIEW OF CURRENT CONDOMINIUM CONVERSION REGULATIONS. Senior Planner Campbell stated that the item is being addressed at the current meeting at the request of Mayor Ridgeway. Using a PowerPoint presentation, he stated that the regulations for condominium conversions were enacted in 1978, and amended in 1979. The City's parking standards increased over time to 1989 when 2 spaces were required per unit for duplexes, 7 spaces for triplexes and 2.5 spaces per unit for projects in excess of three units. He stated that these parking requirements in association with condominium conversion requirements made it more difficult to convert projects to condominiums if the required parking couldn't be provided. The condominium conversion standards were changed significantly in 1994 and continue to be the requirements in place today. Senior Planner Campbell stated that an intent of the changes in 1994 was to promote the conversion of smaller projects, which was expected to preserve the rental/ownership balance and promote home ownership, especially in the West Newport area. Another intent of the changes was to remove and eliminate any unnecessary or untimely review processes, while still maintaining suitable living environments. Senior Planner Campbell reported that since 1994, 151 units have been approved for conversion. Nearly all of the conversions have been for duplexes and most are within the coastal zone. He displayed a map, which showed that 73.5% of the conversions have occurred in the Corona del Mar area. Only 24 units have been converted in West Newport, 2 on Lido Isle, 2 on Balboa Island and 16 on the peninsula. He stated that his observation of the conversions on the peninsula is that these buildings appear to be in better condition than the units adjacent to them, but only a few have had significant exterior enhancements. Senior Planner Campbell stated that staff is looking for direction from the City Council, and noted that requests for larger projects are being received. He asked if the current standards are appropriate for the larger projects, and if enhancements to the exterior and interior are expected. Council Member Webb confirmed that 2.5 parking spaces are currently required per unit for new condominium projects. The parking requirements for condominium conversions are those that were in place at the time of the original construction, or a minimum of 1 space per unit. Council Member Nichols asked if condominium projects that are not sub - dividable have legal documents, such as covenants. Senior Planner Campbell stated that some do and some don't. New projects are required to have Covenants, Conditions and Restrictions (CC &R's). Planning Director Temple stated that the basic minimum requirement is a Department of Real Estate (DRE) report, which is a Volume 56 - Page 1306 INDEX (100 -2004) City of Newport Beach Study Session Minutes November 9, 2004 FVTITDN report that is made to the State regulating agency for real estate. Projects of five or more units are required to develop and record CC &R's. She added that the DRE report provides the legal description as to what each unit is comprised of and is recorded with the County assessor. Council Member Nichols asked if the City should require that any legal documents be provided. Acting City Attorney Clausen stated that the City's only requirements are related to the City's own planning and zoning laws. The City does not get involved with State requirements. Council Member Daigle asked what the benefits of the more relaxed standards are. Senior Planner Campbell stated that additional conversions might result in structures that are nonconforming being brought up to current code. Mayor Ridgeway stated that the intent of the new standards was to create home ownership in West Newport, but that any standards have to be applied Citywide. He asked Planning Director Temple for her opinion on the relaxing of the condominium conversion standards. Planning Director Temple stated that, at the time, she was not in favor of relaxing the standards as it related to compliance with certain development standards and, particularly, parking. She explained that with split ownership, both entities have to agree to any significant redevelopment and that this, essentially, preserves buildings that might have been torn down and redeveloped with a conforming building in an earlier timeframe. She additionally noted that the effect in West Newport has been limited. Council Member Webb asked if a substantial number of the conversions in Corona del Mar were new units. Planning Director Temple responded in the negative, and stated that even projects that are started with a duplex building permit that convert during the construction process are considered new condominiums, not conversions. To be considered a conversion, the project would have to be totally finished and achieve the final building permit prior to the application for a condominium. Council Member Nichols asked if the conversions in Corona del Mar are predominantly those that were deficient in parking. Planning Director Temple stated that it depends on the age of the unit, but that not requiring more parking spaces does provide an incentive to convert a building as opposed to tearing it down and building a new condominium. Council Member Nichols noted that the streets in Corona del Mar are getting more crowded. Mayor Ridgeway asked Planning Director Temple if relaxing the parking standard encourages condominium conversions. She stated that it provides an incentive to retain the nonconforming building by utilizing the conversion process. Mayor Ridgeway stated that the parking element of the condominium conversion regulations needs to be revisited. Council Member Webb stated that in the conversion process, it doesn't appear that the opportunity to solve any parking problems is being offered. Council Member Rosansky stated that the intent was to promote home ownership, which be felt was to provide greater pride in ownership and a vested interest in maintaining the property, particularly in West Newport. He asked if the Volume 56 - Page 1307 City of Newport Beach Study Session Minutes November 9, 2004 INDEX differences noted on the peninsula were significant. Senior Planner Campbell responded in the negative and explained that although some did have significant exterior enhancements, the majority of the improvements were only noticeable. Council Member Rosansky noted that the objective of relaxing the standards doesn't appear to have been met and agreed that the issue should be revisited. Acting City Attorney Clausen noted that the improvement of properties wasn't the only objective, it was also to encourage people to live in the homes that they bought. She explained that this was expected to decrease rentals and the party atmosphere that exists in West Newport. Additionally, she stated that enough time hasn't passed to know if the converted properties will be kept up. Council Member Nichols stated that the condominiums that have been converted are not as nice as the condominiums that have been rebuilt to the new standards. Senior Planner Campbell agreed and explained that the converted units are built at a lesser standard. Council Member Nichols stated that the older converted units also appear to have more vehicles. Additionally, he noted that the commercial properties that qualified not to provide parking have more desirable and valuable properties. Mayor Ridgeway noted that some conversions did occur in the Dover area, but he didn't see them on the map that was shown earlier. Planning Director Temple explained that they were converted before there was an expressed code on conversions, so were dealt with as tract maps. As far as direction to staff, Mayor Ridgeway stated that he'd like a reevaluation of the parking issues. Additionally, he noted that the intent of the changes in 1994 have not occurred. Council Member Webb stated that the new standards have been given ten years to work. He asked Public Works Director Badum, a resident in West Newport, if he noticed any significant changes in the area. Public Works Director Badum stated that at the time the new standards were being looked at, he was also concerned that the properties would never be redeveloped again. This was the same concern shared by the Planning Director. He stated that he has not seen any significant changes in his neighborhood and agreed that it might be time to revisit the issue. Mayor Pro Tem Bromberg agreed with Mayor Ridgeway that the parking component of the condominium conversion standards should be looked at. He didn't know if it would necessarily need to be changed, but agreed that it should at least be looked at. Mayor Ridgeway stated that he would hope to receive more public input when the issue is revisited. Council Member Daigle stated that part of the success of the condominium conversions in Corona del Mar is due to that fact that the area has a lot to offer young professionals and condominiums provide first time home ownership opportunities for these people. Mayor Ridgeway stated that these young professionals own two cars. Council Member Rosansky stated that since the objectives aren't being met, the issue should be revisited. He stated that it hasn't necessarily had a negative impact in West Newport, but that it might elsewhere in the City. Volume 56 - Page 1308 City of Newport Beach Study Session Minutes November 9, 2004 ' INDEX Planning Director Temple stated that staff will return to the City Council with a recommendation for a code amendment. She stated that in addition to the existing regulations, two alternatives would be offered. One would change the minimum parking requirement to 1.5 spaces per unit and another would use the code in effect at the time of the original construction. She stated that an analysis of the alternatives would also be provided and the information should provide a good forum for discussion. Council Member Nichols stated that there are problems with the conversions in Corona del Mar, and that commercial parking competes with residential parking. PUBLIC COMMENTS - None. ADJOURNMENT - at 5:50 p.m. to Closed Session. *�xx�xtt xtrxt * ** *max * +,tirxxxx:ttrtt The agenda for the Study Session was posted on November 3, 2004, at 2:35 pan. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk W Recording Secre ary �) Mayor Volume 56 - Page 1309