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HomeMy WebLinkAbout01/26/1987 - Regular MeetingCITY OF NEWPORT BEACH COUNCIL MEMBERS \II\N\ 9� P ent x x x x x x x � Motion x t All Ayes Motion I I Ix All Ayes a Motion All Ayes • x MINUTES REGULAR COUNCIL MEETING PLACE: Council Chambers TIME: 7:30 P.M. DATE: January 26, 1987 Mayor Cox presented a permaplaqued Certificate of Appreciation to former Planning Commissioner Clarence J. Turner. A. ROLL CALL. B. The reading of the Minutes of the Meeting of January 12, 1987, was waived, approved as written, and ordered filed. C. The reading in full of all ordinances and resolutions under consideration was waived, and the City Clerk was directed to read by titles only. D. HEARINGS: 1. Mayor Cox opened the continued public hearing regarding awarding of OFFICIAL POLICE TOW TRUCK SERVICES FOR A 2 -YEAR PERIOD. Report from the Business License Supervisor, was presented. It was noted that G & W Towing, Inc., was the only firm submitting a bid for the above contract, and that on January 16, 1987, the Police Department inspected the 12 vehicles G & W intends to operate, and found the vehicles, as well as their facility to be in good condition and in compliance with the provisions of Section 5.15 of the Municipal Code. G. Wayne Miller, President, G & W Towing, Inc., addressed the Council and stated he was available for questions. Hearing no oihers wishing to address the Council, the public hearing was closed. Motion was made to authorize the Mayor and City Clerk to execute Official Police Tow Truck Services Agreement for 2 -year period with G & W Towing, Inc., as recommended in the staff report. 2. Mayor Cox opened the public hearing regarding: GENERAL PLA14 AMENDMENT NO. 86 -3(A) - An amendment to the Land Use Element of the Newport Beach General Plan to redesignate property located at 1550 BAYSIDE DRIVE from "Low Density Residential" to "Administrative, Volume 41 - Page 33 icial (70) (38) CPA 86 -3(A) (45) COUNCIL MEMBERS • is Motion All Ayes • CITY OF NEWPORT BEACH MINUTES January 26, 1987 Professional, and Financial Commercial;" and the acceptance of an Environmental Document; AND LOCAL COASTAL PROGRAM AMENDMENT NO. 11(A) - An Amendment to the Local Coastal Program Land Use Plan to redesignate property located at 1550 BAYSIDE DRIVE from "Low Density Residential" to "Administrative, Professional, and Financial Commercial;" AND PLANNING COMMISSION AMENDMENT NO. 642 (Proposed ORDINANCE NO. 87 -1) - An amendment to a portion of Districting Map No. 24 to reclassify the property located at 1550 BAYSIDE DRIVE from "U," Unclassified District, to the "A -P (.5)" District. Report from the Planning Department, was presented. It was noted that the proposed actions will make the General Plan, LCP, Land Use Plan, and Zoning consistent with the current use of the property. The property owner is currently proposing to add t1,000 sq. ft, to the existing office building. Future development of the site will be limited to a floor area ratio of .5 and a maximum height of 25 feet (in order to protect adjacent residential views). Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No. 87 -15, approving General Plan Amendment No. 86 -3(A), an amendment to the Land Use Element of the Newport Beach General Plan as it pertains to the property located at 1550 Bayside Drive; and adopt Resolution No. 87 -16, approving Amendment No. 11(A) to the Newport Beach Local Coastal Program, Land Use Plan, redesignating the property located at 1550 Bayside Drive from "Low Density Residential" to "Administrative, Professional, and Financial Commercial;" and adopt ORDINANCE NO. 87 -1, an amendment to a portion of Districting Map No. 24 to reclassify the property located at 1550 Bayside Drive from the "U," Unclassified District, to the "A -P (.5)" District. Volume 41 - Page 34 P Amnd (A) 642 87 -1 87 -15 87 -16 Ord 87 -1 CITY OF NEWPORT BEACH COUNCIL MEMBERS ALL G� January 26, 1987 Motion All Ayes • Motion All Ayes • x x 3. Mayor Cox opened the public hearing regarding AMENDMENT NO. 11(B) to the LOCAL COASTAL PROGRAM, LAND USE PLAN, adding language to permit the use of lots designated for residential uses, adjacent to commercial district, for parking lots to support the commercial development upon approval of a use permit in each case. MINUTES Report from the Planning Department, was presented. It was pointed out that Section 20.10.020.B of the Municipal Code currently permits the establishment of public or no fee private parking lots in any residential district adjacent to any "C" or "M" district subject to the approval of a use permit in each case. The proposed LCP Land Use Plan amendment would add a similar provision to the LCP. Hearing no one wishing to address the Council, the public hearing was closed. Motion was made to adopt Resolution No 87 -17 adding language to the Local Coastal Program, Land Use Plan, pertaining to the use of residential lots for commercial parking purposes. E. PUBLIC COMMENTS: None. F. CONSENT CALENDAR: The following actions were taken as indicated, except for those items removed: 1. ORDINANCES FOR Pass to second reading on February 9, 1987 - (a) Removed from the Consent Calendar. (b) Proposed ORDINANCE NO. 87 -3, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.40.060 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO HANDBILL EXCEPTIONS. (Report from the Assistant City Attorney) Volume 41 - Page 35 Amnd 11(B) LCP /LUP (68) 87 -17 Ord 87 -3 Business License/ (27) COUNCIL MEMBERS 1\0 • • 9 CITY OF NEWPORT BEACH MINUTES January 26, 1987 Schedule for public hearing on February 9, 1987 - (c) Proposed ORDINANCE NO. 87 -4, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING A PORTION OF DISTRICTING MAP NO. 61 SO AS TO RECLASSIFY PROPERTY FROM THE A -P -H DISTRICT TO THE C -1 -H DISTRICT, AND THE ACCEPTANCE OF AN ENVIRONMENTAL DOCUMENT (PLANNING COMMISSION AMENDMENT NO. 645], - A request of ALAMO RENT A CAR, INC., Fort Lauderdale, Florida, to reclassify the property located at 3500 and 3510 Irvine Avenue, between Orchard Drive and Bristol Street, from A -P -H to C -1 -H. (Report from the Planning Department) 2. RESOLUTIONS FOR ADOPTION: (a) Resolution No. 87 -18 consenting to an Assignment of the License Agreement from Donrey, Inc. to Financial Capital Broadcasting Co. for the location of a Radio Transmitter and Transmitting Tower near the intersection of Monrovia Avenue and 16th Street, contingent upon Federal Communications Commission approval. (Report from the City Attorney) (b) Removed from the Consent Calendar. 3. CONTRACTS/AGREEMENTS: (a) Authorize the Mayor and City Clerk to execute a local agency Consultant Agreement with Pacific Relocation Consultants to perform relocation assistance service for residents to be displaced in the De Anza Bayside Village as a result of Pacific Coast Highway Widening, Phase II, Agreement for Right -of -Way Acquisition Services. (Report from Public Works Department) (b) Authorize the Mayor and City Clerk to execute a local agency Consultant Agreement with John Cutler and Associates to perform the Acquisition of Right -of -Way Services for Pacific Coast Highway Widening, Phase II, near Bayside Drive. (Report from Public Works Department) Volume 41 - Page 36 Ord 87 -4 PGA 645 Zoning (94) tting 16th St/ uroadeatg Res 87 -18 (42) Widng/ II •W Acq/ iza Bad Widng/ II ide Dr W Acq • • 40 CITY OF NEWPORT BEACH COUNCIL MEMBERS yy G YP ¢ G Z 9G9� 'ALLZ 9 January 26, 1987 MINUTES (c) Award Contract No. 2534 to Wakeham- Baker, Inc., for the total price of $232,323; and authorize the Mayor and City Clerk to execute subject contract for Cliff Drive Park Construction. (Report from Parks, Beaches and Recreation Department) (d) Removed from the Consent Calendar. (e) Authorize the Mayor and City Clerk to execute an Amendment to the Settlement, Agreement [C -2394] with the County of Orange regarding the redevelopment of Newport Dunes. (Report from Executive Assistant to the City Manager) 4. COMMUNICATIONS - For referral as indicated; (a) To Planning Department for inclusion in the records, letter from Helen Miller concerning University Drive Extension across the northern bluffs of the Upper Newport Bay Ecological Preserve. (b) To Public Works- Traffic Engineering, and Police Department for consideration, letter from John K. Geoghegam, Secretary of the Business, Transportation and Housing Agency for the State of California regarding successful implementation of SB 2232, to resolve the long- standing issue on highway safety and terminal access for large trucks. Cliff Dr Park Cnstr C -2534 (38) Newport Dns Rdvlpmt/ Orange Cry Setlmt Agmt C -2394 (38) (68) PW /Trfc Eng (74) (c) To Public Works for inclusion in PW /S the records, information from (74) Supervisor Thomas F. Riley regarding Route Location Study for San Joaquin Hills Transportation Corridor (SJHTC). (d) To the Aviation Committee for inclusion in the records, communication from the State Department of Transportation, Division of Aeronautics regarding educational Airport Seminars in 1987; and Inter - County Airport Authority (also, see G.4 - "Items Removed from the Consent Calendar"). Volume 41 - Page 37 (24) COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES January 26, 1987 (e) To the Mayor for support, request SCAQMgmt from Henry W. Wedaa regarding his Dist nomination to fill the vacancy on (61) the South Coast Air Quality Management District (AQMD) recently created by the election of Don Roth to the Board of Supervisors. (f) To Pending Legislation and Legislation Procedural Ethics Committee, (48) proposed legislative changes to the organization and responsibilities of the South Coast Air Quality Management District (SB 1511. (g) To City Attorney for report back, O/C-John request: of Orange County Aviation Wayne Arprt Council. regarding restriction (54) placed in conditional use permits on firms /organizations supporting improvements or expansion of John Wayne Airport. (h) To Public Works for inclusion in PW the records, thank you from Mrs. W. (74) Lee (Ann) Spencer regarding installation of sidewalks along View Point in Corona del Mar. (1) To Business License /Finance Business Department for response, letter License from Mrs. Lester L. (Shirley) (27) Packand regarding alleged violation of the Municipal Code Section 5.28.060. 5. COMMUNICATIONS - For referral to the City Clerk for inclusion in the records: None. 6. CLAIMS FOR DAMAGES - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: (a) Southern California Edison Company alleging contractor for City removed too much dirt from around existing pole, thereby causing Edison to reposition and support pole at Newport Boulevard, near 29th and 30th Streets on November 21, 1986. (b) Thomas Quental alleging false arrest and imprisonment on October 11, 1986. Volume 41 - Page 38 COUNCIL MEMBERS • • CITY OF NEWPORT BEACH MINUTES January 26, 1987 it 7. SUMMONS AND COMPLAINTS - For denial and (36) confirmation of the City Clerk's referral to the claims adjuster: None. 8. REQUEST TO PILL PERSONNEL VACANCIES: (66) (Report from the City Manager) (a) Approve one Emergency Equipment Dispatcher, Patrol Division. (b) Approve one Animal Control Officer, Patrol Division. (c) Approve one Groundsworker I, Park Division. 9. STAFF AND COMMISSION REPORTS - For Council information and approval: (a) Report from Parks, Beaches and PB &R/ Recreation recommending approval of Council amendment to Council Policy L -6, Policy L -6 PRIVATE ENCROACHMENTS IN PUBLIC (62/69) RIGHTS -OF -WAY. (b) Report from Parks, Beaches and Recreation recommending favorable consideration by Council to waive facility fees request by the Newport Harbor Girl Scouts. (c) Report from the City Manager recommending proposed amendment to COUNCIL POLICY K -3 IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT to reflect the name change of the Citizens Environmental Quality Affairs Committee. (d) Removed from the Consent Calendar. (e) Request from Board of Library Trustees to accept Video Cassettes (539) and VCR Recorders (8) as GIFTS TO THE NEWPORT BEACH PUBLIC LIBRARY from Ed Bernstein, Robert Pennes and Arthur Kransler. Volume 41 - Page 39 (62) (69) K -3 COUNCIL MEMBERS ti c �G? <C Yp� of y . \�0 0 CITY OF NEWPORT BEACH MINUTES January 26, 1987 (f) Report from the Traffic Division Commander, Police Department, recommending the current ordinance prohibiting skateboarding on designated streets and sidewalks in the Balboa business area remain intact. (g) Report from the Police Chief concerning Department Audit - Discipline. For Council information and filing: (h) Memorandum from Parks, Beaches and Recreation regarding 1986 REVIEW OF COMMUNITY THEATRE. 10. PUBLIC HEARING SCHEDULING - February 9, 1987: (a) GENERAL PLAN AMENDMENT NO. 86 -3(B) - An amendment to the Land Use Element of the Newport Beach General Plan to permit an additional 2,740± sq. ft. of floor area in BLOCK 800 PLANNED COMMUNITY OF NEWPORT CENTER; and the acceptance of an Environmental Document; 0 PLANNING COMMISSION AMENDMENT NO. 643 - An amendment to the BLOCK 800 PLANNED COMMUNITY DEVELOPMENT STANDARDS to permit an additional 2,740± sq. ft. of floor area in the PACIFIC MUTUAL PLAZA TOWER II for a laundry -dry cleaner pick -up area, auto detailer (for on -site tenants only), and additional mezzanine space. (Report from Planning Department) (b) PLANNING COMMISSION AMENDMENT NO. 644 - An amendment to the PLANNED COMMUNITY DEVELOPMENT STANDARDS of the BAYVIEW PLANNED COMMUNITY to establish provisions which allow the construction of improvements such as trellis and beam construction, patio covers, and pools and spas within reciprocal side yard easement areas. Property located at #1 Cormorant Court, between Crystal Drive and Bayview Way in the Bayview Planned Community. (Report from Planning Department) Volume 41 - Page 40 Skateboard- ing Regs/ Veh /Trfc (70/85) PD /Audit (70) PB &R (62) GPA 86 -3(B) (45) PCA 643 (94) PCA 644 (94) COUNCIL MEMBERS �A • Motion All Ayes • CITY OF NEWPORT BEACH x [" },h[ri'Y January 26, 1987 11. TRACT 10625, LOT 21 - Council review of the proposed construction of a SINGLE - FAMILY DWELLING WITH ATTACHED GARAGE AND TENNIS COURT, on property located at 1400 San Miguel Drive in Harbor View Hills. (Report from Planning Department, also letter received from James Doyle) 12. PUBLIC PIER FLOAT REPLACEMENT (C -2587) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from Public Works Department) 13. SAN JOAQUIN HILLS ROAD IMPROVEMENTS AND MEDIAN LANDSCAPING /MARGUERITE AVENUE TO SPYGLASS HILL ROAD (C -2516) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from Public Works Department) 14. STREET AND ALLEY RESURFACING AND RECONSTRUCTION PROGRAM (C -2502) - Accept the work; and authorize the City Clerk to file a Notice of Completion and release the bonds 35 days after Notice of Completion has been recorded in accordance with applicable sections of the Civil Code. (Report from Public Works Department) 15. BUDGET AMENDMENTS - For approval: BA -660 - $20,000 Transfer in Budget Appropriations to purchase computer equipment for Planning Department; Computer Equipment /Planning Department Fund. G. ITEMS REMOVED FROM THE CONSENT CALENDAR: 1. Proposed ordinance repealing Section 12.40.050 from the Newport Beach Municipal Code was presented with report from the Assistant City Attorney. Following clarification of the ordinance as requested by Council Member Maurer, motion was made to introduce and pass to 2nd reading on February 9, 1987, ORDINANCE NO. 87 -2, being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH REPEALING SECTION 12.40.050 Volume 41 - Page 41 Tr 10625 Public Pier Float Rplcm C -2587 (38) SJHls Rd Imprms /Med Lndscpg/ Marg - Spygls C -2516 (38) St/ (38) (25) (85) 87 -2 COUNCIL MEMBERS ti \ ese • Motion • • X CITY OF NEWPORT BEACH 26, 1987 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO TRAILERS ON BALBOA ISLAND. 2. Report from Off- Street Parking American Committee regarding C & S Ventures, Trolley Inc., (dba American Trolley Lines) with Lines letter from concerned citizen Olive Bell C -2561 Pitts, were presented. (3g) The City Clerk advised that after the agenda was printed a letter was received from the City of Irvine regarding the Trolleys, as well as petitions containing approximately 2,500 signatures from concerned residents in support of keeping the trolleys in Newport Beach. Following comments by various Council Members, motion was made to terminate the subject contract as set forth in the staff report, which recommended that the Mayor and City Clerk be authorized to execute an Amendment to the Operating Agreement with C & S Ventures, Inc., [C -2561] dba American Trolley Lines, changing the termination date from May 31, 1987 to January 31, 1987; and to direct staff, together with the Off- Street Parking Committee, to explore all options relative to a new trolley proposal and bring back at a future study session. Council Member Turner spoke in support of the motion, pointing out that the City has a $100,000 deficit for the 9 -month period the trolley operated, with a projection for subsidy of $16,000 per month, if the present operation were to continue. He noted that there has been a distinct lack of ridership on the trolley, but stated it does not necessarily mean there is still not a need for such a program. He stated that he would like the Conference and Visitors Bureau to take it upon themselves to try and analyze this need and develop a feasibility study to determine just how effective such an operation could be for the City. The following persons addressed the Council in support of keeping the trolleys: Betty Moore, 111 Main Street Dennis Leslie, 2905 E. Coast Highway Joel Burnstine, 1712 Highland Drive Volume 41 - Page 42 COUNCIL MEMBERS I\\no • • All Ayes • CITY OF NEWPORT BEACH MINUTES January 26, 1987 Rebecca Barrett, 7292 LaMancha American Circle, Huntington Beach (trolley Trolley driver) Lines B. Trimboli, 1907 Vista Del Oro Jerry King, President, Conference and Visitors Bureau, addressed the Council and stated that the Bureau is interested in the trolley and related visitor serving uses in the City. He stated they would like to establish an advisory council to help redraft a management plan and perhaps look at routes, advertising revenue, etc., to determine if they can assist the City in achieving the City's goal relative to this type of transportation. They would like to have the opportunity to work with the City, the owners of the trolley, and those in the community who are interested in maintaining the trolleys, in an attempt to find the solution to some of the problems that have plagued the operation the past year. Bill Hamilton, 3010 Lafayette Avenue, owner of the Cannery Restaurant, addressed the Council in support of maintaining the trolley service. He stated that he bought advertising on the trolley and still feels the concept is a good idea. He stated he agreed that the current operation should be terminated because of the financial difficulties, but does feel some type of trolley service should be resurrected in a different manner. He also indicated he felt restaurant businesses would favor a new program. Following discussion, the motion on the floor was voted on and carried. Report from the Traffic Affairs Vehicles/ Committee regarding Carnation Avenue Traffic/ Fire Lane, together with a letter from Fire Lane Ian F. Somers, owner of property at 307 Carnation Carnation Avenue, were presented. (85) The City Clerk advised that after the agenda was printed, three additional letters regarding this subject were received from the following: Linda J. Martin John R. McIntosh Fred Grimes Discussion ensued with regard to the two alternatives proposed as follows: Volume 41 - Page 43 COUNCIL MEMBERS CITY OF NEWPORT BEACH January 26, 1987 MINUTES CENTER OF THE STREET Pro: Treats all properties equally. • Makes Carnation like all public streets. Improves turning radius into and out of driveways. Con: Converts 10 diagonal parking spaces to 5 parallel. ALONG WESTERLY CURB Pro: No impact on diagonal spaces. More closely resembles historical situation of very limited parking along westerly curb. Con: Requires removal of up to 5 parking spaces, including one to two on the public street to provide a turning radius for fire apparatus. Precludes parking in front of driveways along westerly curb for existing and future developments. Reduces turning radius in and out of • properties along the westerly side of street. It was noted that the Off- Street Parking Committee feels that either location is feasible and neither one is significantly better than the other. The recommendation to place the fire lane along the westerly curb is based primarily upon the fact that it would more nearly resemble the historical use of the street. Council Member Sansone discussed the two alternatives, as shown on the diagrams displayed, and indicated his support for establishing.the fire lane down the center of the street. Council Member Turner stated he has viewed the site and tends to agree with Council Member Sansone that the fire lane should be in the center of the street. He also stated that if the fire lane were put on the westerly side and someone chooses to park illegally, and a • fire occurs, there would be some real problems. Volume 41 - Page 44 f ic/ Lane CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES ti 3 LOLL CALL January 26, 1987 INDE In response to Council Member Hart Vehicles/ regarding some possible legal problems Traffic/ pertaining to prescriptive rights, Fire Lane easements, etc., the City Attorney Carnation • advised that it is his understanding there is a court decree that gives the property owner just to the east of the diagonal parking, the right to park vehicles in that area. Said decree was entered into after a lawsuit was filed in 1963, and involved the owner of the parcel adjacent to the diagonal parking and the property owner on the other side of the street. It was a way of fixing the rights of those property owners in what is an abandoned street. He stated he thinks this is the only court order that exists relative to the properties along Carnation Avenue. The City Attorney further stated that it is his understanding there has been a long- standing practice of persons parking tandem in front of the Corona del Mar Inn, but he does not think this practice has been memorialized in any court order. The City Attorney also commented while discussing the two diagrams on display, • that there are certain property rights one owner may have against the other as a result of a long - standing practice, or court decree., or private agreements amongst the property owners. He pointed out that the reason for establishing a fire lane on Carnation Avenue is to allow the City to provide service in the case of a fire or emergency, which will be of benefit to all property owners, but currently the City may be in jeopardy if a fire lane is not designated. In response to inquiry of Council Member Turner regarding whether the City Council should be considering the fire lane issue only, the City Attorney stated that frequently he advises the City Council. not to consider the arrangements of private parties or court decrees that. affect only the rights of private parties. However, the designation of a fire lane involves taking away, to a certain extent, the right of the property owner to use that • property in any way he or she sees fit. The City Attorney stated that by the City designating a fire lane, they are able to provide the property owner with Volume 41 - Page 45 • • • CITY OF NEWPORT BEACH COUNCIL MEMBERS \Ay '=i 6GG9 Y �°' F� January 26, 1987 services which are of great benefit. In this situation with the state of the law somewhat unclear, the City Attorney felt that possibly the Council should take into consideration the existing agreements, decrees, court orders, and rights the property owners may have, or think they may have. He also pointed out the staff has agreed that the designation of a fire lane does not provide any required access from properties on either side of the street, to the extent that ingress and egress may be required as to the conditions of approval of a project. The City's action in designating a fire lane does not satisfy those conditions, and are conditions that have to be satisfied by the developer or property owner independently of the City's declaration of access. Dennis Duggan, co -owner of the apartment house on Carnation Avenue, addressed the Council and stated he was not opposed to a fire lane, but if it were put in the center of the street, 10 parking spaces would be lost and the area already is congested. He stated that there is an acute parking shortage and he does not see the area as a fire danger. David Diem, representing-Point Properties I, Inc., and the old Corona del Mar Inn, addressed the Council in support of a. fire lane along the westerly curb of the street. He stated that by utilizing a fire lane in the middle of the street, the ability to use the five tandem parking spaces would be eliminated as well as five parking spaces from their property. Mr. Diem stated that if the fire lane is placed on the westerly side of the street, only one parking space would actually be lost. With regard to a question of legality, he stated they have a prescriptive easement over their half of the street from previous parking. He stated that this entire issue came up as a result of Mr. Feldner's project where there was a question of a fire lane. Since that time, the property owners adjacent to Mr. Somers and Mr. Collins have given Mr. Feldner an easement for ingress and egress over the west half of the street. Mr. Feldner does not have Volume 41 - Page 46 Traf f is Fire Lane Carnation COUNCIL MEMBERS • CITY OF NEWPORT BEACH MINUTES January 26, 1987 an easement for the east side of the street for access to his property. Mr. Diem further stated that it is also the opinion of their legal counsel as to how far a municipality can go in taking property for fire access, particularly when there is other land already used for that access. In conclusion, he urged the Council to approve the fire lane on the west half of the street. The following persons addressed the Council in favor of placing the fire lane in the center of Carnation Avenue: R. Joseph Collins, 301 Carnation Avenue Bill Fr_ldner, 311 Carnation Avenue Ian Somers, 307 Carnation Avenue Steve Johnson, resident on Dahlia Avenue Ruth Mang, Manager of apartments at 308 and 312 Carnation, addressed the Council and stated she felt the existing fire hydrant.is in the wrong location. Harvey Pease, owner of 314 Carnation Avenue, addressed the Council and stated that if the fire lane is placed in the center of the street, it's going to make it extremely difficult for him to make the turn into his property. He stated that he has an easement along the west side of the street which was approved by the Board of Supervisors in approximately 1920. He stated that he needs the access along the west side in order to make it a reasonable approach. He also stated that the easement precludes parking along the west side. He urged the Council to recognize the problems that would be created upon adjacent property owners if the fire lane is placed in a location other than the west side of the street. Discussion ensued, wherein it was noted that the properties at 301 and 307 have dedicated access easements to the properties at 311 and 313. The Planning Director also stated that it is the staff's understanding the easement granted by the owner of 301, in favor of the owner at 311, has reserved in front of 301 a parking space, and if that is the case, it does not meet the intent of the condition of approval that was placed upon the developer at 311. Volume 41 — Page 47 Vehicles/ Traffic Fire Lane Carnation CITY OF NEWPORT BEACH COUNCIL MEMBERS MINUTES 9 G 4P� v y 9G LOLL CALL January 26, 1987 INDEX Rich Edmonston, Traffic Engineer, Vehicles/ addressed the Council and stated it Traffic appears from reading the various legal Fire Lane documents of these properties by the Carnation • City Attorney's office, that initially each property had an easement over the other side of the street the full length. However, over the years, some of the documents have become lost for a number of reasons. In the case.of 313, it does appear that there is a recorded easement along the west side for a complete access out to Seaview. He described the current parking pattern on Carnation and pointed out the parking spaces to be lost with the placement of the fire lane as shown on the diagrams displayed. Jim Reed, Fire Chief, addressed the Council and stated that his department has attempted to work with the property owners on Carnation Avenue to develop a compromise solution to a very difficult problem. The concern of the Fire Department is that with the present uncontrolled parking situation, they are not able to drive the fire vehicle to the scene of the fire. If a fire occurred on any of the subject • properties, the driver would have to park the fire engine at the corner of Seaview and Carnation and the firefighters would physically have to carry all the equipment and supplies they would need, whether it was a paramedic call, a heart attack patient call, a fire in a car, or a structure fire. He stated that pulling heavy hose lines is not an easy task; there are three men currently stationed at the Corona del Mar fire station, and they would be unable to accomplish the feat. Therefore, there would be a delay in the department's ability to fight a fire or provide emergency medical service on any of the properties. He stated that the center of the street would be the most logical place for a designated fire lane, but they have made every effort to work with the property owners in hopes of a compromise; however, no one has been able to come up with a solution that everyone can live with. In essence, they do not have a preferred recommendation for the Council. • In response to Council inquiry regarding the City's liability pertaining to fire access to Carnation Avenue, the City Attorney stated that, in his opinion, the City does not face any liability for Volume 41 - Page 48 COUNCIL MEMI •`��06\& f .., • Motion All Ayes x CITY OF NEWPORT BEACH MINUTES January 26, 1987 inability to provide fire service in the subject area, but he feels the property owners owe a. duty of care to their tenants, which was recently expanded by a Supreme Court ruling. He feels there is a potential liability on the part of the property owners, particularly if said property owners obstruct the City's ability to provide services. In terms of liability for injuries, he stated that he did not know what recourse the property owners may have if they feel the City's decision in locating the fire lane is inappropriate. Mr. Duggan addressed the Council again, and stated that he wants the area to be safe and the tenants protected, but he also wants this issue to be handled in a fair manner. Mr. Diem addressed the Council again, and stated he agrees that the City has the right to dedicate a fire lane; however, the property owners on the west side of the street have a legal access easement over the east side of the street. In addition, pursuant to the Uniform Fire Code, each property owner is obligated to give the Fire Department access to their property for fire purposes, but said property owners are not obligated to give another property owner access for a fire lane. Mr. Pease addressed the Council again, and reiterated that there is a recorded easement along the west side from the access at 314 Carnation to Seaview Avenue, and said easement is not going to be destroyed by placing a fire lane down the center of the street. Following discussion, motion was made to direct the Fire Chief to establish a fire lane down the center line of the properties on Carnation Avenue, taking equal portions from each side to satisfy the requirements of this fire lane. 4. Letter from Inter- County Airport Authority regarding their presentation to the Orange County Airport Commission for a proposed site for a new airport to augment John Wayne /Orange County Airport, versus a private Coalition (Community Airport Council /O.C. Chamber of Commerce /Industrial League of O.C. and O.C. Airport Working Group), was presented. Volume 41 - Page 49 Vehicles/ Traffic Fire Lane Carnation ICAA (61) COUNCIL MEMBERS Motion All Ayes • Motion All Ayes • is X X CITY OF NEWPORT BEACH MINUTES January 26, 1987 Motion was made to direct the City Attorney to write a letter in support of the Airport Commission making a site selection at: the meeting on February 18, 1987. 5. Report from Finance Director authorizing the Mayor and City Clerk to execute a proposed Agreement with Moreland and Association (C -2254) to conduct the City's auditing services for fiscal years 1986 -87, 1987 -88 and 1988 -89, was presented. Motion was made to refer the subject item back to the staff as requested, for further study and recommendation. H. ORDINANCES FOR ADOPTION: None. I. CONTINUED BUSINESS: 1. Report from the City Manager, dated December 8, 1986, regarding REQUEST OF CONFERENCE AND VISITORS BUREAU, was presented. Letters from the following in support of the Visitor's and Conference Bureau proposal, were presented: The Great American Short Story, Corona del Mar Chamber of Commerce, Davey's Locker Sportfishing, Inc., Balboa Pavilion Company, and Fashion Island Merchants Association. The City Clerk advised that after the agenda was printed, two letters were received from the following in support of the proposal: Kathy Winton, Sales Manager for The Meeting Manager, and Ruth Hynds, Artist. Chip Stuckmeyer, 900 Newport Center Drive, past President of the Newport Beach Conference and Visitors Bureau, addressed the Council and stated that the Bureau has been in existence for approximately 13 years, and have a membership of 150. During the fiscal year of 1986 they operated on a budget of $50,000 based upon membership dues and two fund raising events they held during the year. He stated that they have spent the last 1'II years working with the City on ways to expand their budget to promote the City as an entity with the class and style it deserves. Volume 41 - Page 50 Finance Service Fee (40) • C7 • CITY OF NEWPORT .BEACH COUNCIL MEMBERS MINUTES y n ap �G��9G�A G ALL January 26, 1987 They feel the Bureau can be of great Finance/ benefit to the community and its Visitors' citizens and requested that the Council Service Fee support the Bureau and help guarantee the economic vitality and quality of life of Newport Beach. Jerry King, President, Newport Beach Conference and Visitors Bureau, addressed the Council and spoke in support of the proposed 1% visitors' service fee. He stated that this fee would be directed at promoting and managing the visitor serving industry within the City and would come directly from the guest of the industry, the visitor. The significance of the Council's action in approving the fee would be for the Bureau to manage the peak visitor activity and promote the slower off - season. This added revenue will enable the City, as well as the Bureau, to become involved in services and activities that support visitor serving retail, museums, aquatic activities, and the trolley, as a visitor - related project. The ordinance under consideration provides the City Council with complete control of the revenues generated by the Bureau. Their annual budget is also reviewed by the Council and subject to amendment based on said review. They are not a special interest bureau and their focus will be expanded for all visitor serving uses. They believe the City will prosper from the added revenues. They wish to promote the City so that the City's visitors will experience a unique, hospitable and memorable stay while here. The following persons addressed the Council in support of the proposed 1% visitors' service fee: John Jenkins, Marriott Hotel Bill Hamilton, Cannery Restaurant Jim Dale, Villa Nova Restaurant Jackie Heather, 1500 Dorothy Lane Victor Rumbelo, Newport Channel Inn Bruce lambert, Fashion Island Merchants Association Richard Luehrs, President, Newport Harbor Chamber of Commerce Mac McNeil, Newporter Inn Eric Hansen, 201 Via San Marino Volume 41 - Page 51 COUNCIL MEMBERS \1�� y CITY OF NEWPORT BEACH January 26, 1987 Volume 41 - Page 52 Finance/ Visitors' Service Fee Allan Beek, 1945 Sherington Avenue, addressed the Council in opposition to the proposal. He stated that, in his opinion, this appears to be an attempt on the part of the unsuccessful to get • the successful to subsidize them. He stated he did not feel tourism needed to be promoted in Newport Beach, as people seem to find this City without any problem, and the City does not need to spend more money to promote more tourists. Chan Le Febvre, member of Balboa Peninsula Point Association, addressed the Council in opposition to the visitors' service fee. He stated their association is strongly against promoting tourism and urged the City Council to deny the request of the Bureau. He stated it is difficult enough to take care of the tourists the City already has without adding more. Mr. Ring addressed the Council again, and stated that the issue for the Bureau as they see it is one of equity. He stated that the hotel industry is willing to tax themselves so that others • who cannot afford a marketing budget to support themselves can benefit as an industry within this City. They are asking for the visitors' service fee so that they can take a higher visibility role and involve other services within the City in this same format. Council Member Plummer referenced the proposed agreement with the Bureau, indicating she would like to limit the term of said agreement to three years so that the Council can determine, through an evaluation, if it has been a good investment. She would also like to exclude Summer House Rentals from the 1% visitors' service fee. Council Member Turner stated that when this item was first proposed, he was apprehensive: about the City getting involved in the program, but inasmuch as the City now has certain controls, rights of audit, rights of termination, etc., he is supportive of the proposal. He also agrees with Council Member Plummer regarding the need for an • evaluation of the program, and suggested there be an automatic review every six Volume 41 - Page 52 Finance/ Visitors' Service Fee • • is CITY OF NEWPORT BEACH COUNCIL MEMBERS F ALL9 January 26, 1987 months until the Council is satisfied the program is off the ground and working properly. MINUTES Mayor Pro Tem Hart made the following statement: "We do have a jewel of a City and this beautiful place actually promotes itself. I feel that my job and responsibility as a Council Member is to improve the environment to make Newport Beach the very best place to live and the best business atmosphere. After a business has been open, it is the business's job to attract its own customers. I know it is difficult for the hotel industry to get together to fund a visitor and convention bureau; however, we are not a Conference City, and these world class hotels that are in Newport Beach do not need government to help run the Bureau - -it would be easier for the hotels, in my opinion, not better. I am a strong believer in the free enterprise system. We have 10 million tourists visiting Newport Beach each year, and I don't believe the City needs to be in the business of promoting tourism with a hands -on adopting the budget and being the driving force behind the Bureau. I think it would be appropriate to have at least one ex- officio City Council Member serving on the Bureau, and that way we could strengthen a partnership without having a formal agreement with the City being a clearing house for funds." Council Member Sansone indicated he agreed with several of the remarks made by Mayor Pro Tem Hart. He also questioned why restaurants are not participating in the 1% visitors' service fee, and would they be supportive of it if it applied to them? He further commented that he would like to see a ceiling on the Bureau's budget, and anything over a certain amount could then be used towards such projects as the widening at the Arches and Channel Bridge. Council Member Maurer stated that hotels and businesses are part of this community, and a very important part which cannot be ignored. He stated he felt the Council should do everything they can to see that the businesses in the community do succeed. He also does not feel that the City is subsidizing the Bureau if the subject proposal is approved. Volume 41 - Page 53 Finance/ Visitors' Service Fee COUNCIL • • Motion Ayes Noes n A Ayes CITY OF NEWPORT BEACH xI xlxlxl Ixlx x MINUTES January 26, 1987 Mayor Cox stated that if expenditures are limited from a promotional standpoint, he feels you are limiting the ability to try to maximize the returns which is really what this effort was intended to be in the first place, i.e., to try and improve the occupancy to insure that the City has its dollar income and that the hotels and other businesses also prosper by it through the related value. The City Attorney stated that pertaining to the use of revenue for purposes other than those specified in the ordinance, such as construction of bridges, would be creating something other than a service fee, such as a special tax, and therefore, the ordinance would be subject to a vote of the electorate. Mr. King addressed the Council again, and stated that the hotel industry is offering to tax themselves essentially in an effort: to generate higher daily room occupancy for the benefit of the Bureau, but also for the benefit of the City in general revenue dollars, which can be used as the Council sees fit. Mayor Pro Tem Hart stated that historically Newport Beach has been very careful to never get involved with the Chamber of Commerce, or with the Conference and Visitors Bureau, and that it is a big step tonight when this vote is taken. Following discussion, motion was made to introduce ORDINANCE NO. 86 -5, being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 3.28 TO THE NEWPORT BEACH MUNICIPAL CODE, ESTABLISHING A VISITORS' SERVICE FEE, and pass to second reading on February 9, 1987. Discussion ensued, wherein Council Member Sansone withdrew his suggestion that there be a ceiling on the Bureau's budget, as referenced earlier in the meeting. Motion was made to amend the proposed agreement to include a review of the visitors' service fee program every six months. Volume 41 - Page 54 Finance/ Visitors' Service Fee CITY OF NEWPORT BEACH COUNCIL MEME \11\\ . t 0 Motion x Ayes x Noes x x x x x Motion All Ayes • Motion All Ayes • x x MINUTES January 26, 1987 Discussion Ensued with regard to placing Finance/ a three -year limit on the program, as Visitors' suggested by Council Member Plummer Service Fee earlier in the meeting, but following discussion, the suggestion was withdrawn. Motion was made to exclude Summer House Rentals from the 1% visitors' service fee, which motion FAILED. Mayor Pro Tem Hart requested that the following additional information be given to the Council on February 9,: 1) The names of the Bureau's Board of Directors; 2) A copy of the Bureau's current budget; and 3) Hotel statistics. 2. BICYCLE TRAILS CITIZENS ADVISORY IBT /CAC COMMITTEE: Motion was made to confirm the following appointment: (District 2) Council Member Plummer's appointment of Rick Ruiz. 3. ENVIRONMENTAL QUALITY AFFAIRS CITIZENS IEQA /CAC ADVISORY COMMITTEE: Motion was made to confirm the following appointments: (District 2) Council Member Plummer's appointment of Gary Di Sano. (District 3) Mayor Pro Tem Hart's appointments of Maiqual Talbot and Jean Morris. (District 4) Council Member Turner's appointments of Max Dunn and Jo Ann Vandervort. (District 7) Mayor Cox's appointment of Bernard Pegg. J. CURRENT BUSINESS: 1. Proposed resolution regarding creating a Councilmnc COUNCILMANIC REDISTRICTING AD HOC Redistrictg COMMITTEE, was presented. Ad Hoc Cmte 1(24) Volume 41 - Page 55 COUNCIL MEMBERS �G �� A Motion All Ayes 7� Motion All Ayes • • x x CITY OF NEWPORT BEACH MINUTES January 26, 1987 Motion was made to adopt Resolution No. Res 87 -19 87 -19, creating a Councilmanic Redistricting Ad Hoc Committee; and appoint Council Members Clarence Turner, Evelyn Hart, and Phil Maurer (Chairman). 2. Proposed resolution creating a NEWPORT CHANNEL BRIDGE COUNCIL AD HOC COMMITTEE, was presented. Motion was made to adopt Resolution No. 87 -20 creating a Newport Channel Bridge Council Ad floc Committee; and appoint Council Members Ruthelyn Plummer (Chairman), Phil Sansone, and Donald Strauss. Meeting adjourned at 10:35 p.m. The agenda for this meeting was posted on Thursday, January 22, 1987, at 10:15 a.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. ATTEST: i Volume 41 - Page 56 Npt Chnl Brdg Ad Hoc Cmte (24) Res 87 -20