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HomeMy WebLinkAbout07/14/1997 - Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting July 14, 1997 - 7:00 p.m. CLOSED SESSION - 5:00 p.m. CLOSED SESSION REPORT PRESENTED Mayor Debay announced the City Council had reached agreement with the architectural firm that designed and supervised construction of the New Central Library that resolves all claims of each party. The agreement calls for payment of $130,000 to the City of Newport Beach. For further details contact Attorney Greg Hurley at 727 -0559. RECESSED AND RECONVENED AT 7:45 P.M. FOR :REGULAR MEETING. ROLL CALL Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None • Pledge of Allegiance, Mayor Pro Tem Thomas C. Edwards. Invocation by Reverend Don Oliver, Chaplain, 111oag Memorial Hospital, Presbyterian. Presentation of Certificate of Achievement to the City of Newport Beach for Excellence In Financial Reporting for its Comprehensive Annual Financial Report for Fiscal Year ended June 310, 1996, and Award of Financial Reporting Achievement to Dennis ]Danner, Administrative Services Director. Presentation of Annual Report by Jim Van Hann, Orange County Water District regarding the water supply projects and requirements of the City of Newport Beach. This item was deferred to another meeting. Motion by Mayor Pro Tem Edwards to waive reading of the Minutes of the Regular Meeting of June 23, 1997, approve as written and order filed; and to waive reading of the ordinances and resolutions under consideration and direct the City Clerk to read by titles only. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Volume 51 - Page 320 INDEX • City of Newport Beach City Council Minutes July 14, 1997 411 . MATTERS WHICH COUNCIL MEMBERS WOULI) LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member Noyes announced a Community Outreach meeting for the parking management plan on Balboa Peninsula would be held on Tuesday, July 22, 1997, 7:00 p.m., in the Council Chambers. Staff has prepared a draft of a Request for Proposal (RFP) to send to consultants for the comprehensive parking management plan. Mr. Noyes suggested it might be timely to form an ad hoc committee for implementation of the plan, and proposed that this matter be brought back to the City Council at the next meeting, July 28. He suggested that the committee be named 'Promote Revitalization on Our Peninsula (PROP)." • Council Member Glover requested a report on City policies concerning garage sales and how they are enforced, since it appears that some may be selling merchandise. • Council Member Glover requested a report on federal and state laws regarding the placement of group homes in residential areas, determination of tax advantages to persons who run those group homes, and the impacts on Newport Beach. • • Council Member Thomson stated that it had been brought to his attention that there were stores within Newport Beach that would. sell alcoholic beverages to under -age children. He further stated that the Police Department has a program of enforcement, and that people doing that kind of business in Newport Beach would be in serious trouble. • Council Member Thomson congratulated the Corona. del Mar and Harbor High Schools, cheer leaders, booster groups, and Terry Phillips for organizing the recent Bill Medley benefit concert. He commended the members of the Parks, Beaches & Recreation Commission for their support of this event. • Mayor Debay announced the receipt of a letter from U.S. Representative Christopher Cox announcing that the House Committee on Appropriations Energy and Water Subcommittee has funds to remove sediment in Newport Bay, and additional funding for the long -term feasibility study. The funding levels ($1,270,000) are negotiable; Bay dredging has been included in the bill. Mayor Debay introduced Nancy Lacey, retired City Clerk, who was filling in for City Clerk LaVonne Harkless, who was on vacation. CONSENT CALENDAR • 1. Removed from the Consent Calendar by Council Member Hedges. 2. Removed from the Consent Calendar by Council Member Glover. Volume 51 - Page 321 • • CJ City of Newport Beach City Council Minutes July 14, 1997 ORDINANCES FOR ADOPTION 3. ADOPT ORDINANCE NO. 97 -25 AMENDING TITLE 10 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO THE CONSUMPTION OF ALCOHOLIC BEVERAGES IN OUTDOOR DINING ESTABLISHMENTS ON PUBLIC SIDEWALKS. 4. Removed from the Consent Calendar by Council Member Thomson. 5. ADOPT RESOLUTION NO. 97 -59, LIMITING THE PARKING OF VEHICLES ON CERTAIN STREETS AND RESCINDING RESOLUTION NO. 91 -101; INTRODUCE ORDINANCE NO. 97-_ REVISING PREFERENTIAL PARKING ZONE 112" - NEWPORT HEIGHTS AND CLIFF HAVEN AND RESCINDING ORDINANCE NO. 96 -32. 6. ADOPT RESOLUTION NO. 97 -60, ELECTING TO BE SUBJECT TO PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT ONLY WITH RESPECT TO MEMBERS OF A SPECIFIC EMPLOYEE ORGANIZATION FIXING THE EMPLOYER'S CONTRIBUTION FOR EMPLOYEES AND THE EMPLOYER'S CONTRIBUTION FOR ANNUITANTS AT DIFFERENT AMOUNTS. Approve second Resolution required by the Public Employees Retirement System (PERS) to offer PERS Health Care Options to City Council Members. 7. ADOPT RESOLUTION NO. 97 -61, RE: ESTABLISHING THE SALARIES FOR MANAGEMENT AND OTHER KEY EMPLOYEES FOR FISCAL YEAR 1997 -98 AND AMENDING THE CITY'S CLASSIFICATION AND COMPENSATION PLAN TO REFLECT SAID CHANGES. CONTRACTS AND AGREEMENTS 8. APPROVE LICENSE AGREEMENT WITH THE COUNTY OF ORANGE FOR A RIDING AND HIKING TRAIL ACROSS THE RIGHT -OF -WAY FOR THE FUTURE EXTENSION OF BAYVIEW WAY. Authorize the Mayor and the City Clerk to sign on behalf of the City. 9. APPROVE ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE AGATE AVENUE PUBLIC RIGHT -OF -WAY ADJACENT TO 232 AGATE AVENUE, BALBOA ISLAND (EP -97 -231) (OWNER: Louise Barr), subject to: a. Execution of an Encroachment Agreement for non- standard improvements. 1) Authorize the Mayor and the City Clerk to execute the Agreement; 2) Authorize and direct the City Clerk to record the Agreement with the Orange County Recorder. b. An Encroachment Permit issued by the Public Works Department. Volume 51 - Page 322 INDEX Offenses & Nuisances Ord 97 -25 (70) (68) Traffic/Parking Res 97 -59 (85) PERS Health Care Res 97 -60 (66) Key & Mgmt Salaries FY 97 -98 Res 97 -61 (66) Orange Co./Bayview Riding/Hiking Trail C -3034 (38) 232 Agate Ave. Encr.Agmt. (65) • • City of Newport Beach City Council Minutes July 14, 1997 INDEX MISCELLANEOUS ACTIONS 10. PLANNING COMMISSION AGENDA FOR JULY 10, 1997 and supplemental report of action. 11. AUTHORIZE THE CITY MANAGER TO SEND A "RESERVATION TO SERVE" LETTER TO MESA CONSOLIDATED WATER DISTRICT CONCERNING ANNEXATION OF SANTA ANA HEIGHTS MUTUAL WATER COMPANY. 12. APPOINTMENTS TO THE CITY - SCHOOL AD HOC LIAISON COMMITTEE. Appoint Council Members Thomson and O'Neil and Mayor Pro Tem Edwards to serve on the City - School Ad :Floc Liaison Committee. MOTION BY MAYOR PRO TEM EDWA.RDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (1, 2, and 4). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR 1. REINTRODUCE ORDINANCE NO. 97 -26 ADDING CHAPTER 14.36 TO TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE TO REGULATE THE DISCHARGE OF WASTE WATER FROM BUSINESSES, PROPERTY OWNERS, AND/OR INDIVIDUALS IN ORDER TO IMPROVE WATER QUALITY AND COMPLY WITH FEDERAL REGULATIONS FOR THE CONTROL OF URBAN RUNOFF WHICH ENTERS THE NETWORK OF STORM DRAINS THROUGHOUT ORANGE COUNTY. City Manger Murphy called on Don Webb, Director of Public Works, who introduced the staff report. Mr. Webb noted that this ordinance is one that is required to be adopted as a part of Orange County's over -all ordinance. It is part of the Clean Water Act which the Federal Government has adopted as part of the National Pollution Elimination Discharge Program. The ordinance defines and sets up a mechanism for the City to enforce keeping pollutants and improper discharges out of the Bay. In response to Mayor Debay's question about fines the City could be liable for non - compliance, Mr. Webb responded that it would be $25,000 per day, deadline for adoption is July 31, 1997. Council Member Hedges asked if Water Quality Control Boards were elected or appointed bodies. City Manager Murphy responded that they are • appointed by the Governor. Mr. Hedges noted that this City, one of many California cities with elected Councils, could be fined for non - compliance from a board which is only appointed. He staged that a clause should be Volume 51 - Page 323 Planning (68) Annexation (21) City- School Ad Hoc Cmte (24) Water & Sewers Ord 97 -26 (89) • City of Newport Beach City Council Minutes July 14, 1997 included that noted the City of Newport Beach is adopting this ordi under the threat of a $25,000 daily fine from an appointed water board. Motion by Mayor Pro Tern Edwards to reintroduce Ordinance No. 97 -26 adding Chapter 14.36 to Title 14 of the Newport Beach Municipal Code to regulate the discharge of waste water from businesses, property owners, and/or individuals in order to improve water quality and comply with federal regulations for the control of urban runoff which enters the network of storm drains throughout Orange County; and to pass to second reading and adoption at the City Council meeting of July 28, 1.997. Allen Murray, Ph.D., 2330 Port Lerwick Place, representing the Environmental Quality Advisory Committee (EQAC), referred to the definitions of "pollutants," noting he had problems with some of them, which he reviewed. He stated his concerns that if adopted, the ordinance could be abused by an enforcement officer. He further noted that two of the definitions were in conflict. City Manager Murphy stated that Public Works Director Webb had some suggestions to take care of his concerns. City Attorney Burnham stated that a commitment had been made to Mr. Murray that staff would work with him and County officials to re -work the language so that it didn't allow for discriminatory enforcement of the ordinance. Mr. Burnham further stated that he and Mr. Webb would attend the next EQAC meeting to discuss these issues. • Council Member Glover stated that the Harbor Quality Committee looked at this and had spent several sessions on this matter with employees of both the City and the County. The Committee did concur with the proposed ordinance. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Clover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None INTRODUCE ORDINANCE NO. 97.27 ADDING SECTIONS 6.04.045 AND 6.04.191 TO CHAPTER 6.04 OF THE NEWPORT BEACH MUNICIPAL CODE, PROHIBITING THE COMMERCIAL USE OF PUBLIC REFUSE CONTAINERS. City Manager Murphy referred to Measure Q, which passed last November, which discontinued City refuse collection service for private commercial businesses within the community. He referred to an area in central Balboa where there is a common refuse container shared by a number of parties. In trying to resolve that issue, it would be helpful to have a law that would prohibit the commercial use by businesses of public trash containers on the sidewalk. • Council Member Glover asked if any private business is now contracting with the City for refuse collection. City Manager Murphy responded that he Volume 51 - Page 324 INDEX Health & Sanitation Ord 97 -27 (44) City of Newport Beach City Council Minutes July 14, 1997 • couldn't think of any; there is under consideration the releasing of Ruby's. General Service Director Niederhaus responded that the City provides trash services to only three locations now: at each end of the pier for each of the two restaurants and the Washington Street bin. Council Member Glover asked if the ordinance is adopted tonight, does that preclude the businesses from using that bin. Mr. Niederhaus responded that it does, and the groundwork is being laid for the 45 -day notice which would allow certain groups, about 65 businesses, to use that Washington Street bin with permission of the Council and allow the City to collect the money to pay for that service. In response to Council Member Glover's concerns, Mr. Niederhaus noted that this is cleaning up the last portion of the City involvement in solid waste as mandated by Measure Q. The intention is to privatize the bin so that the City does not carry that expense, about $14,000 a year. Motion by Coucil Member Glover to introduce for first reading Ordinance 97- 27 adding Sections 6.04.045 and 6.04.191 to Chapter 6.04 of the Newport Beach Municipal Code, prohibiting the commercial use of public refuse containers, and pass to second reading on July 28, 1997. Council Member Hedges noted this is something that is nearly impossible to enforce. He referred to a draft letter to businesses, included in the Council packet, notifying them of the intent to charge for the use of that bin, but • states that the City won't charge if they show proof they are using a private service. It illustrates the difficulty and what an administrative burden it will be to prevent poaching; however, he would support the motion. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 4. ADOPT RESOLUTION NO. 97 -58 PROHIBITING SKATEBOARDS IN ALLEY BETWEEN CARNATION AVENUE AND DAHLIA AVENUE, SOUTH OF SECOND AVENUE AND NORTH OF FIRST AVENUE (CORONA DEL MAR) AND RESCINDING RESOLUTION NO. 8914. City Manager Murphy reported that an ordinance was adopted in 1976 which permits the City Council, by resolution, to prohibit skateboarding within certain locations. This resolution is back for amendment based on complaints which City staff has received about safety, noise, and other issues. Council Member Thomson stated that government should not be making skateboarding a crime. He proposed that the entire ordinance be struck, • which was adopted in 1976 and now there are four or five pages of streets prohibiting skateboards. Volume 51 - Page 325 INDEX Traffic/Skateboards Res 97 -58 (85) City of Newport Beach City Council Minutes July 14, 1997 Motion by Council Member Thomson to strike the ordinance. The motion was seconded by Council Member Hedges in order to be considered. City Attorney Burnham responded that this is a Resolution designating a specific area for prohibiting skateboarding. If the City Council wants to eliminate the ordinance, that would have to come back to the Council. He noted that this is agendized in a way that limits the Council's authority at this time to this particular issue, but there is nothing to prevent the Council from bringing back the resolution or the ordinance at the next meeting. In terms of what the agenda says and by way of public notice, the Brown Act probably limits the Council to denying this particular resolution. Substitute Motion by Council Member Thomson to amend the main motion to not adopt the resolution, and at the same time bring forward for striking at the next Council meeting. The motion died for lack of a second. Substitute Motion by Mayor Pro Tern Edwards to adopt Resolution No. 97 -58 prohibiting skateboards in alley between Carnation Avenue and Dahlia Avenue, south of Second Avenue and North of First avenue (Corona del Mar) and rescinding Resolution No. 8914. Mayor Pro Tern Edwards noted his reasons: (1) the 13 percent grade and and the liability that may create for the City; (2) a lot of residential areas do not like skateboards zipping in and out. isCouncil Member Hedges noted that on Exhibit A there are misspellings of three names and asked staff to correct those in the final resolution • Council Member Thomson stated that since he most likely will be bringing this matter up again, he will vote in favor of it. The substitute motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Clover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None PUBLIC COMMENTS Rick Richardson, 206 39th Street, protested the "Black Ball Regulations" at the beach for hard board surfers, and requested an area between 36th and 40th Streets, or 44th and 48th Streets, or 52nd and 56th Streets be designated a "hard board surfing area." He presented a petition to that effect. Council Member Noyes noted that this matter was on the Harbor, Beaches and Parks Committee meeting agenda for the July 17, 1997 meeting. Volume 51 - Page 326 INDEX • City of Newport Beach City Council Minutes July 14, 1997 PUBLIC HEARINGS 13. 1997 WEED ABATEMENT PROGRAM. Mayor Debay opened the public hearing. City Manager Murphy stated that each year the City goes through the process of abating weeds through a process set out in the Municipal Code. Resolution 97 -46 was adopted on June 9, 1997, which declared that weeds and other public nuisances existed in certain locations. The Fire/Marine Department staff have identified the locations contained in the staff report. The City Council is required pursuant to the ordinance to conduct a public hearing to hear objections; after hearing objections, the Council would proceed to adopt the resolution ordering the Fire/Marine Chief to abate those weeds. Subsequently, a public hearing would be scheduled for September 8, 1997, to confirm the assessment against those individual properties. Chief Riley reported that since the publishing of the staff report, there now remains only six properties that unabated; two of those properties have contacted the department and will have them abated by the end of this week. It is also expected that other abatement action will be delayed until the end of this week as well to allow the other four property owners to come into compliance. The remaining properties are: • Parcel No. 050 263 05, 1137 Dolphin Terrace Parcel No. 050 263 17, 1301 Dolphin Terrace Parcel No. 050 264 13, 1419 Dolphin Terrace Parcel No. 050 34109, 1815 Bayadere Terrace Parcel No. 052 012 11, 2209 Bayside Drive Parcel No. 052 032 08, 2628 Ocean Boulevard • Ed Benson, President Dover Shores Community Association, 1028 West Wind Way, called attention to the weed condition in back of the Aquatic Center which is a fire hazard. Mayor Debay responded that staff will check this out. There being no further requests from the audience to speak, Mayor Debay closed the public hearing. Motion by Council Member O'Neil to adopt Resolution No. 97 -62 ordering the Fire and Marine chief to abate weeds and other nuisances identified to be existing upon streets, alleys, sidewalks, parkways and private property within the City; and to schedule a public hearing on September 8, 1997, to confirm assessments against those properties cleaned by the City. Volume 51 - Page 327 Q1 1 Fire/Weed Abatement Prog. 1997 (41) E • City of Newport Beach City Council Minutes July 14, 1997 The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent None Abstain: None 14. ORDINANCE NO. 97 -24 ESTABLISHING THE CORONA DEL MAR BUSINESS IMPROVEMENT DISTRICT. City Manager Murphy called on Principal Planner John Douglas to present the staff report. Mr. Douglas stated this item had been presented for first reading on June 24, 1997. At that time, the City Council adopted a Resolution of Intention to establish the Corona del Mar Business Improvement District. After that meeting, staff mailed a copy of the resolution and a notice of this meeting to all affected business owners within the Corona del Mar business district. This meeting is to receive protests from the business owners who would be included within the District. Since the last meeting, four letters of opposition have been received. Mr Douglas has spoken to all of those letter writers, and after speaking to one of the writers, Mr. Tom Brown, asked that his letter be withdrawn, that he was no longer opposed to formation of the District. One letter, received the day of this Council meeting, raises two issues: (1) opposition to the method of assessment; and (2) a liability issue. If the District is approved, it will be the fourth Business Improvement District in the City. There are districts in the downtown Balboa area, on the Peninsula, on Marine Avenue in Balboa Island, and a City -wide Restaurant District. This Corona del Mar District would generate an annual budget of about $50,000. The other three Business Improvement Districts are having a positive impact on business conditions within those areas. There are three main areas where they are working: (1) Organization and representation of the districts in City affairs; (2) they are involved in business promotions which would include brochures, print ads, and Cable video in the case of the restaurant association; and (3) physical improvements. Mayor Debay opened the public hearing. Charles Masters, Jr., 410 Goldenrod, owner of commercial properties in Corona del Mar, stated his tentative support for the B.I.D. He stated the B.I.D. should be voluntary. A number of tenants are not going to benefit from the B.I.D., and these people are, in effect, going to be taxed. While some of these things really benefit the retail businesses, there is the possibility of duplication of activities by the Chamber of Commerce. He listed a number of items he would like addressed by the district, including a reference to CalTrans "ramming" a freeway through Corona del Mar. Council Member Glover noted when the B.I.D. process was first started, it • was explained to the City Council that the City's role is to hold the money, functioning as the bank. The City has no other authority; the B.I.D. is run by a group of citizens. She asked if this is correct. City Manager Murphy Volume 51 - Page 328 1` 1 Corona del Mar BID Ord 97 -24 (27) City of Newport Beach City Council Minutes July 14, 1997 INDEX • stated the City's role is also to authorize and re- authorize; once the City Council authorizes the creation and form, as business licenses are renewed as part of that, the City would collect the money and disburse the money for the items outlined as the kind of things they want to do. Subsequently, the Council would review and re- authorize if appropriate. Council Member Glover noted that City staff is not responsible for this; it is a citizen matter and is clearly so stated. The City holds the money and, on a yearly basis, holds the election. City Manager Murphy stated at the earlier direction of a previous City Council, Mayor Turner wanted to see the initiation of these, so the City helped to foster the initiation of the dialog. Ultimately, what we would like to work on with them is the coordination with a11. the different groups to get more use of the dollars. To that limited degree, the City has involvement. Council Member Glover stressed that the businesses need to understand that this is something the businesses want to do and the businesses spend the money; we need to be able to define that line. Council Member Glover asked if Pacific Coast Highway through Corona del Mar was on the Master Arterial Plan as being widened in Corona del Mar; and if not, has it been taken off or has it never been on the master plan. . Both City Manager Murphy and Director of Public Works responded that it was not. City Manager Murphy stated that, in terms of the City's Circulation Element and the Master Plan of Arterial Highways, Pacific Coast Highway is on that, but in terms of widening it beyond its current status, the answer is "no." Council Member Glover asked if it is on CalTrans plan to widen Pacific Coast Highway through Corona del Mar. Public Works Director Webb stated it is not on the CalTrans plan and there is no intention to do anything in the Corona del Mar area. In response to further inquiry by Council Member Glover, Mr. Webb responded that, to the best of his knowledge, Pacific Coast Highway has never been set up for six lanes through Corona del Mar. It is supposed to be six lanes from MacArthur Boulevard westerly; it is four lanes between MacArthur Boulevard and the easterly city limits, and it is six lanes between the easterly city limits going east to Laguna Beach. It is four lanes on the County's General Plan. Mayor Debay stated she had received a call from a resident of Corona del Mar who is also interested in crosswalks; she will pass that on to the Traffic Committee and to the B.I.D. Tacey Clausen, 203 Coral, shop -owner in Corona del Mar, spoke in support of the Corona del Mar Business Improvement District. She added that she would also like to see more crosswalks. • Don Glasgow, owner of business in Corona del Mar, spoke in support of the B.I.D. and urged the Council to vote yes. Volume 51 - Page 329 • City of Newport Beach City Council Minutes July 14, 1997 Gary Nauman, 703 Marguerite, expressed appreciation to the City and commended Principal Planner Douglas, and spoke in support of approval of the B.I.D. There being no further request from the audience to speak, Mayor Debay closed the public hearing. Mayor Pro Tem Edwards asked if the City were not involved, would the B.I.D. happen; why does the City need to be involved? Council Member Noyes responded that the City collects the money from the business licenses. Council Member O'Neil stated that enabling statutes require that the City approve the Business Improvement District. He agreed that the City should not take a very active role in administering this; that was not the intent of the advisory board. Motion by Council Member O'Neil to adopt Ordinance No. 97 -24 establishing the Corona del Mar Business Improvement District. Council Member Hedges suggested that consideration ought to be given to those businesses in improvement districts which have shown to be a success for as an as -yet undefined period to the City rebate a portion of the underlying business license taxes paid which forms the B.I.D. • Council Member Noyes stated that when the B.Y.D. was first formed, there was talk of matching funds from the City. The City, in this case, would underwrite the programs in the beginning without waiting all year to collect the money because it knew the money would be coming in. The City has stayed out of the B.I.D.'s business unless asked. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 15. CITY COUNCIL POLICY G -1, RETENTION OR REMOVAL OF PARK AND PARKWAY TREES City Manager Murphy stated staff has had extensive dialog with members of the community as to the revision of the policy. The origin, in terms of revising the policy, stems from several appeals which were forwarded to the City's Parks, Beaches & Recreation Commission related to difficulty in utilizing current policy for either removing or retaining trees. As an outgrowth of that, there was a complete rewriting of the policy. Mr. Murphy highlighted some details of the policy: 1) The policy statement regarding • trees and their importance; 2) City -owned parkway trees, approximately 22,000 throughout the City. Trees are divided into two categories: Special city trees and all other trees. He reviewed the provisions of the proposed Volume 51 - Page 330 ul UNFIN 7 Council Policy G -1 (69) • City of Newport Beach City Council Minutes July 14, 1997 INDEX policy for retention and removal of trees. Initiation of removal may be made by members of the public, homeowners' associations, the Public Works Department, or the General Services Department by submitting an application. The policy contains due process and time frame provisions which heretofore have not been included in prior policies. Requests for removal are undertaken by the Urban Forester; subsequent reviews take place, ultimately decisions are made in the Parks, Beaches & Recreation Commission acting on behalf of the City Council. If the parties disagree with the decision - making that takes place, the matter will be agendized for the City Council. Added to the policy which wasn't clear in the past, is a process for which the Commission and the Council should base their decisions on in reviewing cases. Consequently, there is language in this policy that indicates that the Commission and the Council shall base their decisions on whether or not the criteria is met for removal, or whether there are unique features pertinent to removal or retention. The most unique feature of this policy falls in the area of reforestation and supplemental trimming. As this policy was discussed with members of the community, it became apparent that there are some areas in the community where trees were planted many years ago that today are very mature, very large, and are interfering with views that are 'very key and important to parts of the community. In recognition of that, a section has been • incorporated in the policy referred to as "Reforestation" which states that groups of homeowners, either individuals or homeowners, can put together a program to replace groups of trees with trees that will have less of an impact on views. At the end of the discussion that went to the Parks, Beaches & Recreation Commission, there was wording added related to "Supplemental Trimming." There is a recognition that the reforestation process is going to take some time; in the intervening time, there will be trees that can't be trimmed as quickly or as much as individuals areas would like. Consequently, there is a supplemental trimming program that people can pay for and trees can be trimmed in accordance with concerns related to view. City Manager Murphy referred to a supplemental report on Policy G-1 which, through input from the community, makes some minor changes in the proposed policy relating to exclusion of Bay crest street trees and the change of the word "standards" to "practices" to more accurately reflect prior City activity. Mayor Debay stated that it had been suggested that the Council make a motion of what its intention is regarding Policy G -1, and then have testimony reflecting feelings about the motion or how it should be amended. The Mayor then called for a motion to be made. • Council Member Hedges noted, as a procedural matter, the supplemental staff report could give the impression, wrongly, that it would take three motions to get the policy enacted; actually, it would take only one motion and Volume 51 - Page 331 City of Newport Beach City Council Minutes July 14,1997 INDEX • then that motion could be amended if need be. Motion by Council Member Glover to adopt City Council Policy G -1, Retention or Removal of City Trees, with the following revisions: 1. Amendment of Attachment 1 to the proposed revisions to City Council Policy G -1 to include a section for Neighborhood trees and include all neighborhood street tree areas in the current Policy G -1, including the Baycrest street trees. City staff should also make the appropriate changes to the text in Special City Trees on Page 1 of the Policy to reflect the inclusion of Neighborhood Trees as a distinct category; and 2. Amendment of the current word "standards" in the second line of the second paragraph in the final section of the G -1 Policy revisions to the word "practices." Council Member Hedges asked about the significance of the Baycrest neighborhood trees. City Manager Murphy responded that that area was included by error by a different Commission in the past. Council Member Thomson stated he had objected. to its being taken out, and that he thinks it should be in. • Council Member Hedges asked about the significance of "neighborhood trees" in the context of the policy. City Manager Murphy responded that they are trees which contribute to and give character to an entire neighborhood. It was the Commission's feeling that the trees in the Baycrest area did not do that, so they deleted it. The significance of the issue is, once a tree is put in that category, it won't be removed until after every step possible has been taken to save it. There are feelings on some commissioners' parts that there are some trees that should be removed for some hardscape issues they are causing in that area Council Member Hedges asked about the rest of the areas. City Manager Murphy responded that when the neighborhood section was deleted, all the other streets were moved to the landmark tree section. They will be included under another caption, so they were not affected; only Baycrest was removed. Mayor Pro Tem Edwards stated there was a comment made at one of the meetings about replanting if trees are taken down and asked if that was taken into account in the policy. City Manager Murphy responded that this is a process to replace trees that are removed. Mr. Edwards reiterated that the concept is that when a tree is removed for whatever reason, there is an attempt to bring in another tree. Mayor Debay called for comments from the audience. • Debra Allen, 1021 White Sails Way, speaking on behalf of the Harbor View Hills Community Association, and who authored the letter sent to the Volume 51 - Page 332 • City of Newport Beach City Council Minutes July 14, 1997 IZI1 Council from the Corona del Mar Residents Association, an umbrella group that covers Council Member O'Neil's district, spoke in support of the proposed policy. Yvonne Houssels, 1307 Outrigger Drive, representing the Community Association Alliance composed of ten associations in the southeast section of Newport Beach, spoke in support of the proposed policy. Iryne Black, 1646 Irvine Avenue, spoke in support of the proposed policy, and particularly mentioned support for the inclusion of the.Baycrest area. Jan D. Vandersloot, M.D., 2221 E. 16th Street, Newport Heights, speaking as a member of the Spahn Tree Committee, spoke in support of the proposed policy. He distributed to the Council a petition and a picture of the Baycrest trees. He stated he had one reservation about the work "practices," and that when talking about trimming trees, that respect be shown for the trees so that the tree will be taken into account as well as the views. Council Member Glover stated that Dr. Vandersloot brought up an interesting point in practices. She stated that we should not have anyone out there cutting trees who does not understand the difference between a "branch" and a "limb." • Virginia Herberts, 2290 Channel Road, spoke 'm support of the proposed policy. Tess Lier, 4709 Dorchester Road, (Cameo Shores and Cameo Highlands) spoke in support of the proposed policy. Jeanne Wanlass, 1700 Candlestick Lane, spoke in support of the proposed policy. Tom Williams, 1708 Starlight Circle, spoke in support of the proposed policy, and particularly the Baycrest amendment. He showed slides of the trees in the Baycrest community. Valerie R. Hart, 1733 Candlestick Lane, spoke regarding damage done by trees to the hardscape, which is significant on her property, which has two trees. She stated her belief that all of the trees are inappropriate for the parkways because of the damage they have caused over the years. She asked that the Council establish a policy so City staff can have guidelines so people waiting to get their trees fixed will be able to move forward. Philip Arst, 2601 Lighthouse Lane, spoke in support of the proposed policy. He noted that the policy not only protects views, but also protects the beauty of the community. Ed Benson, 1028 Westwind Way (Dover Shores Community Association) . stated he hoped the new policy would be the solution to a view blocking problem his community has. He supported the policy, but hoped the new policy provided an equitable situation whether it applies to trees or to views. Volume 51 - Page 333 u City of Newport Beach City Council Minutes July 14, 1997 Brian Corrigan, 3607 Surfview, Lane (Harbor View Hills South), spoke in support of the proposed policy. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Council Member Hedges stated that he thinks there is more work to be done related to what happens if a tree is damaging private property. If the property owner is able to establish that it is and then when going through the process, the owner is overruled by the Parks, Beaches & Recreation Commission, where is the property owner left? Is the City then willing to repair damage or to do what is necessary to make that private property owner whole when a value judgement is made that the tree is more important to the over -all community and the public at large than the damage caused to the individual property owner; that is what is missing in this policy and something that needs to be addressed at some point. 16. CONSIDERATION OF SUPPLEMENTAL AND UNFUNDED • PRIORITIES; BUDGET AMENDMENTS REVISING REVENUES IN FY1996 -97 AND FY1997 -98; AND BUDGET AMENDMENTS REQUESTED BY COUNCIL MEMBER HEDGES RE: FIRE AND MARINE OFFICE CENTRALIZATION AND DOGGIE WALK BAGS Mayor Debay announced that consideration of this item will be done in seven steps, the first being a motion to finalize the revised revenue; the second to deal with items that are non - General Funds; the third, General Funds list; fourth, four items which the City Council brought up to be included; fifth, three items raised from the Finance Committee; sixth, Don Webb's report on widening of Newport Boulevard; and seventh, the items Council Member Hedges brought up for budget amendment. City Manager Murphy reported after looking at revenue forecasts for Fiscal Year 1996 -97 and Fiscal Year 1997 -98, staff prepared its best estimate of where we will end the year after closing the books for last year, all the accruals, and where we believe we will be at the end of this fiscal year. Two budget amendments have been prepared: One for the last fiscal year which would revise those estimates and appropriate those dollars to the Insurance Reserve and one for the next fiscal year which would indicate that our revenue estimates would grow by $636,866. Once those steps are taken, then the Council can entertain action as to how those dollars might be appropriated in the future as part of this discussion. Motion by Council Member Hedges to approve budget amendments revising • revenue estimates for FY1996 -97 and FY1997 -98 (BA -055 to amend General and Tideland Funds' original 1996 -97 revenue estimates and to transfer $911,706 to the Insurance Reserve Fund, and BA -001 to amend General and Volume 51 - Pai ge 334 1811 , Budget Amendments 055 & 001 (40) • City of Newport Beach City Council Minutes July 14, 1997 INDEX Tidelands Funds' original 1997 -98 revenue estimates). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Mayor Debay stated next to be considered were the Section 2 items that are non - General Fund; that is, the items to be paid for by CDBG (Community Development Block Grant) funds and the Off - Street Parking Fund would pay for the other items. City Manager Murphy stated both of those requests are within all of the items which were recommended by the subcommittee headed by Assistant City Manager Wood. .Those items which are non - General Fund were separated; he asked the Council to take separate action on those. There are sufficient dollars in the Off - Street Parking Fund and the CDBG to fund those. Part -Time Code Enforcement Officer ($50.000): Council Member Thomson asked about funding for the part -time position in • Code Enforcement and related matters. City Manager Murphy responded that that was part of the financing program which the Council reviewed and approved some time ago for the Peninsula. Fifty- thousand dollars ($50,000) is being set aside; once the public meeting is conducted on the Parking Management Plan, circulate a Request for Proposal (RFP), and complete the study, sometime in this fiscal year, staff will come back with recommendations for dollars to implement. This action would appropriate $50,000 to implement the changes Council would come up with through meters and residential parking. It.would come through a Council committee, either Finance, Public Works, or Public Safety, whichever the Council would choose. Motion by Council Member Hedges to include in the budget those funds for a part -time position in Planning for Code Enforcement from CDBG funds and residential permits and meter changes from the Off - Street Parking Fund. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Mayor Debay announced the next action is to be the General Fund list, • stating it was suggested that each item be taken separately. Mayor Pro Tem Edwards asked for clarification of dollar amounts contained in the staff report. City Manager Murphy responded that the correct Volume 51 - Page 335 City of Newport Beach City Council Minutes July 14,1997 t 0 • amounts are: Total appropriated, $636,566; and Balance to be transferred to the Insurance Reserve, $73,516. There was a brief discussion responding to questions from Council Member Glover regarding consideration of items on the "Possible Supplemental Funding Program" list contained in the staff report. Part -time Emnlovee Partial Benefits ($150,000): Motion by Council Member Hedges to take no action on Part -Time Employee Partial Benefits. Council Member Hedges stated that the City has been successful in attracting and retaining qualified part -time employees, many of whom choose to work part -time to give themselves the flexibility of scheduling, in many cases their spouses have the benefits they do not need as a full -time employee. The Council should be looking at the one -time revenue sources the City has; a part -time employee partial benefits package like this is actually an on -going program. This year it will be at least $150,000; next year more, and could go on like that into perpetuity. He believed the Council is not equipped at this time to make that kind of value judgement in the context of a one -time revision in the revenue estimates for this fiscal year. Mayor Debay stated that this came up because of the Marine Safety Officers • who work full -time during the summer and then there is an off season. These are partial benefits, and employees would have to work a minimum of 1,000 hours a year. City Manager Murphy responded that this would apply to employees working between 20 and 40 hours average per week. He noted that the other positions were in Finance and Library. This would apply to 61 of over 200 part -time employees. Council Member Glover stated she viewed this action as negotiating through the budget, and that it is extremely bad policy and takes away the whole impetus of why the City has part -time employees. She indicated she would vote "no" on this item. Council Member Thomson stated his understanding of the reason for this is that there are a number of part -time employees who work 40 hours a week in the summer, we don't want to lose them so we want to give them the benefits they would have if they were a full-time employee, but not a retirement program and not some of the benefits that regular, full -time employees have. It is a benefit to the City to have these people come back year after year, and it is a benefit to the people that gives them some stability in their life. City Manager Murphy responded that not all part -time employees are like the lifeguards that peak up in the summer; there are people in other departments who are busy year -round in key places. In response to Mr. • Thomson's question, Mr. Murphy responded that the part -time employees are not members of any represented employees association. Volume 51 - Page 336 City of Newport Beach City Council Minutes July 14, 1997 • Mayor Debay asked for clarification that employees working 20 hours a week get half health benefits, not full benefits. City Manager Murphy responded that there is no formal proposal at this point; there are four alternatives that at staff level would be reviewed and brought back to the City Council for authorization as to precisely how this would be fine tuned. This would be the outside number that could be spent if approved. Tom Hyans, President, Central Newport Beach Community Association, stated there has been a significant reduction in the numbers of employees; at the same time the numbers of employees were going down by 13 percent, the gross budget for salaries went up 20 percent. It's not downsizing when employees go down and the total budget for salaries go up. He spoke in opposition to paying part -time employees fringe benefits. The motion carried by the following roll call vote: Ayes: O'Neil, Hedges, Glover, Noyes Noes: Thomson, Edwards, Mayor Debay Absent None Abstain: None Augment in -house Buildin¢ Inspectors with contract inspectors during high activity periods ($55,000): • City Manager Murphy stated that a higher level. of activity is anticipated in the Building Department in a variety of tracts that are under way. It is anticipated that some additional contract inspectors will be needed to keep up with the number of inspections that are expected over the course of the year. Council is being asked to set aside $55,000 to continue that contract inspection program; when those service are not needed, that will be deleted from future consideration. • Council Member Hedges asked how inspections are conducted during high activity periods. City Manager Murphy responded they are covered through contract. A budget amendment was approved at the last Council meeting which permitted staff, at the end of the year, to allocate more dollars from the building permit fees for contract inspectors. What is now being suggested, rather than coming at the end of the year with a budget amendment to cover what has been expended, is to set aside the funds at the beginning of the year. He listed projects being completed or coming on line: i.e., Castaway, Newport North, The Colony, and Pacific Bay Homes.' Mayor Debay asked if it would take longer to do inspections and hold up construction if this item didn't pass. City Manager Murphy responded that inspectors are now conducting about 20 inspections per day. If additional inspectors were not provided, inspections would have to be done with existing staff which would delay inspections because there wouldn't be the adequate number of staff. Volume 51 - Page 337 IIVDEX • • • City of Newport Beach City Council Minutes July 14, 1997 (UWI) Hazard Abatement in Buck Gully and Other Hieh Fire Risk Areas ($20,000): Motion by Council Member Edwards to approve the following two items: Augment in -house Building Inspections with contract inspectors during high activity periods ($55,000) and Urban Wildland (UWI) Hazard Abatement in Buck Gully and Other High Fire Risk Areas ($20,000). Council Member Thomson asked if the inspections were paid by the contractors for that service. City Manager Murphy responded that the money is coming from building inspection permits, but the Council needs to authorize the expenditure. Council Member Noyes asked if the money for hazard abatement in Buck Gully was additional money. City Manager Murphy responded this would allow bringing someone in on a part -time basis, either a part -time or contract employee to facilitate the hazard abatement in Buck Gully. Council Member Hedges stated that Buck Gully was not a one -time program. City Manager Murphy responded that the City has a one -time grant from FEMA to do the hazard abatement areas; the grant would pay for that. Mayor Debay noted that one of the requirements is to assay every tree in Buck Gully. City Manager Murphy responded that staff would be very interactive with the residents. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Noyes, Mayor Debay Noes: Glover Absent: None Abstain: None Jail Breathing Annaratus ($8.050): Tom Hyans, President, Central Newport Beach Community Association, spoke in opposition, and also referred to a budget item regarding radar trailers. He felt the money should be used to monitor the traffic situation on Balboa Boulevard. Mayor Debay stated that this could be brought back in budget amendments; if it is not included in the primary list, it can be worked on through committee. City Manager Murphy responded that the City has existing trailers, and upgrading was funded; this particular one adds an additional trailer and computers. Motion by Council Member Hedges to approve funding for the Jail Breathing Apparatus ($8,050). Volume 51 - Page 338 10 1 ` • City of Newport Beach City Council Minutes July 14, 1997 1 0 1 The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Lincoln Athletic Center Lease/Maintenance ($12.000): Motion by Mayor Pro Tern Edwards to approve funding for the Lincoln Athletic Center Lease/Maintenance ($12,000). The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Newport Coast Annexation LAFCO Filing Fees ($20,000): Motion by Mayor Pro Tern Edward to approve funding for Newport Coast Annexation LAFCO Filing Fees ($20,000). • Council Member Hedges asked if $20,000 was the actual cost. City Manager Murphy responded that it covered the filing fees and any additional research needed by the Orange County Fire Authority and. the County of Orange. Council Member O'Neil stated that if we get further along in the process, staff can come back with a budget amendment which may be the appropriate way to handle it. There still is a lot of study and work and exchange of information and evaluation as to whether or not the down coast area is going to go forward. Mayor Debay noted that by supporting this motion, it does not mean that anyone is in favor of annexation without any information. It is setting the money aside. Council Member Thomson stated he did not understand why this item is on a supplemental list; it is either part of the process or not. Supplemental list items are for things we would like to have; but: regarding annexation, one would think staff would have planned for this earlier. City Manager Murphy responded that in the course of balancing the budget, he had to make choices. Not knowing if the annexation is going :forward, it wasn't put in the budget. He recommended setting the money aside so it doesn't have to be taken out of reserves in the event of going forward. Substitute motion by Council Member Hedgos to put the $20,000 for • Newport Coast Annexation LAFCO filing fees into the stabilization reserve fund. Mayor Debay and Council Member O'Neil asked if this would slow the Volume 51 - Page 339 • City of Newport Beach City Council Minutes July 14, 1997 process down. City Manager Murphy responded that the delay would be two to three weeks; staff would come back with a budget amendment. The substitute motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Upgrade of Part -Time City Clerk Position to Full -Time ($25.000): Motion by Council Member Hedges to take no action on Upgrade of Part - Time City Clerk Position to Full -Time ($25,000) and transfer the money to General Fund reserves, pending review of the organization. Mayor Debay noted that this will affect the document imaging program. City Manager Murphy responded that after going through the acquisition process, there will be time to revisit this item. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None • Absent: None Abstain: None Upgrade Cornoration Yard Telephones ($33.000): City Manager Murphy stated that this would be a connection between the Corporation Yard and City Hall. The line would also carry the computer link, and it is essential to upgrade the line between the buildings. Motion by Council Member O'Neil to approve Upgrade Corporation Yard Telephones ($33,000). Council Member Thomson stated that if this item is essential, it should have been included in the budget. The motion failed by the following roll call vote: Ayes: - O'Neil, Edwards, Mayor Debay Noes: Thomson, Hedges, Glover, Noyes Absent: None Abstain: None City Manger Murphy stated this was an essential item; he would like to bring it back to the Council with a fuller explanation why it was needed. Volume 51 - Page 340 INDEX • • City of Newport Beach City Council Minutes July 14, 1997 INDEX Motion by Council Member Hedges to transfer the funds for Upgrade Corporation Yard Telephones ($33,000) to the General Fund pending City Manager Murphy's staff report. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent None Abstain: None Peninsula Sign Regulation/Inventorv($45.000): City Manager Murphy stated this item comes from the BPPAC financing plan to actually inventory all the signs pursuant to new state law. Motion by Council Member Glover to approve Peninsula Sign Regulation/Inventory ($45,000). Tom Hyans, President, Central Newport Beach Community Association, stated his remarks had to do with something in the budget in the Public Works section. Mayor Pro Tem brought up a point of order that the speaker should direct his comments only to the item being discussed. Substitute motion by Council Member Noyes to continue this item for two weeks to see if the committee being involved with Peninsula revitalization is formed. Council Member Glover stated the Peninsula sign regulation inventory is extremely important. If an assessment can be done to find out which signs are illegal and get those taken down, then the City may be half way home on beautification of the Peninsula. She felt this is money well spent. Council Member Thomson stated he would like to see a citizens and Council ad hoc committee review that kind of action and see what needs to be done. He stated he would not support the motion to approve, and would support the motion to continue this item. Mayor Debay asked if this item is passed, how soon does the action start and does it entail hiring an extra person; what is the $45,000 going to do? Assistant City Manager Wood responded that approximately $5,000 is estimated for the inventory portion, looking to student interns to do that work. Approximately $40,000 would be for a ;professional consultant to develop the regulations. Council Member Glover stated she thought there was a BPPAC committee; and asked if a new committee is to be started. City Manager Murphy • responded that the citizens ad hoc committee has sunsetted as of the end of June. Council Member Glover stated she would like to know more about the committee. Volume 51 - Page 341 • City of Newport Beach City Council Minutes July 14,1997 INDEX Mayor Debay called on Council Member Noyes for clarification of his statement. Mr. Noyes responded that there is a need for a Council committee to sit with staff, somewhat on the model of NCO or Public Works, where it is a public forum, people can attend, and everything is agendized. He expressed concern that there is no Council oversight now. Substitute motion by Council Member Hedges to allocate $10,000 to the inventory and hold the balance in the General Fund reserves, pending recommendation of a City Council ad hoc committee, if that committee is formed. Council Member Hedges stated the intent of his motion is to allocate money to begin the inventory which is going to have to lie done, and whether or not to hire a consultant can be recommended by the ad hoc committee. The substitute motion by Council Member Hedges carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Noyes, Mayor Debay Noes: Glover Absent: None Abstain: None • Mayor Debay stated that the next item, Street Lighting -Phase III Balboa Island, is part of four items: Street lighting on Balboa Island, Council Voting Machine, Fourth of July Show at the Dunes, and Automatic Fax Distribution Service. Street Lighting -Phase III Balboa Island ($150.00 O): Motion by Council Member Noyes to approve Street Lighting -Phase III Balboa Island ($150,000). Council Member Hedges asked what other areas of the City are coming up, have they deteriorated to the same extent, and are there energy savings. Director of Public Works Webb responded that the Peninsula would be the next priority: Ocean Front sidewalk, along Balboa Boulevard. Next would be the Irvine Terrace area. Energy savings would not be substantial enough to pay for all the improvements, but there will definitely be savings. Substitute motion by Council Member Hedges to approve the $150,000 for street lighting -Phase III Balboa Island, and add $150,000 to take the next phase of street lighting; the priority as determined by the Public Works Department. Tom Hyans, President, Central Newport Beach. Community Association, • asked for an explanation of the $500,000 in the preliminary budget for Ocean Front walkway street light replacement for 1997/98. City Manager Murphy responded that it was shown as a cooperative project pending the settlement Volume 51 - Page 342 • City of Newport Beach City Council Minutes July 14, 1997 tO of the oil litigation. Not knowing when that will occur; presuming the settlement comes through and those dollars are available, they would be put towards those that are on the ocean front eligible for recreational settlement dollars. City Attorney Burnham asked for clarification of the motion: Should the motion designate the second $150,000 to a specific area or just street lighting? Council Member Hedges responded his intent was for the priority list. The substitute motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None City Council Voting System Replacement ($25.001)1 Motion by Council Member O'Neil to approve City Council voting system replacement ($25,000). Council Member Glover stated she would not support the motion. It was • regretful that there is not something appropriate to give the public the time notice, but she would prefer to raise her hand rather than spend $25,000. Council Members Noyes and Thomson stated it was too much money. Mayor Pro Tern Edwards spoke in support of the motion. City Manager Murphy stated the City Clerk had looked at another system, and what is being talked about is a more sophisticated system which would include a board so that the audience could see the voting. There are systems that will track the votes, as opposed to someone watching the lights all the time. Another option is to place the money in the reserves and staff can return with a further report or a budget amendment. Substitute motion by Council Member Hedges to transfer the $25,000 for the City Council Voting System Replacement to the General Fund reserves and request the City Manager to report back on voting systems, their costs and capabilities. City Manager Murphy stated there is a comprehensive report related to all of those items, the microphones, the system, the electronic equipment to display materials. This can be brought back to a Council committee. The substitute motion carried by the following roll call vote: Volume 51 - Page 343 Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay • Noes: Absent: None None Abstain: None Volume 51 - Page 343 • City of Newport Beach City Council Minutes July 14, 1997 Fourth of July Show at the Dunes ($7.500): Motion by Council Member Glover to fund one -half the 1997 Fourth of July Show at the Dunes in the amount of $7,500. There was discussion as to whether the motion was to fund the July 4, 1997 event, or 1998. After discussion, the motion was clarified to reflect July 4, 1997. Council Member Hedges said he thought this was a gift of public funds in the absence of a Council policy. He felt it was proper to consider in a policy form. While supporting the 4th of July show and. appropriating some money for it, a policy needs to be established and then appropriate the money for it. Substitute motion by Mayor Deb av to fund $7,500 for 1997, with instruction to come up with a policy for the future. Motion died for lack of a second. Council Member Glover stated she believed this is a worthwhile event which most people in the City benefit from. She agreed with Council Member Hedges that a policy should be established. Substitute motion by Council Member Hedges to refer this matter to the • Harbors and Beaches Committee for a recommendation to the City Council of a policy and also to budget $7,500 for the 1997 4th of July show, but not to expend it until the City Council enacts a policy. Council Member Noyes stated he had polled at least 100 people about the City paying for the event, almost all said "yes." This is a safe place to take kids for fireworks. He spoke in support of funding the event. City Manager Murphy stated one option would be to enter into a contract in advance of funds, so it could probably be done for 1998/99. Payment would then take place during the 1997/98 fiscal year. That could be worked out in committee if Council chooses to do it that way. Motion by Council Member Thomson to amend the substitute motion not to identify Newport Dunes as the recipient for the money. The amendment to the substitute motion failed by the (Following roll call vote: Ayes: Noes: Absent: Abstain: The sub • Ayes: Noes: Absent: Abstain: Thomson, Hedges O 'Neil, Edwards, Glover, Noyes, Mayor Debay None None stitute motion carried by the following roll call vote: O'Neil, Thomson, Hedges, Glover, Noyes, Mayor Debay Edwards None None Volume 51 - Page 344 hIt • City of Newport Beach City Council Minutes July 14, 1997 110 1 ' The main motion as substituted carried by the following roll call vote: Ayes: O'Neil, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: Thomson Absent: None Abstain: None Motion by Council Member Noyes to refer this issue to the Harbors, Beaches & Parks Committee for recommendation for a future policy. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Hedges, Glover, Noyes, Mayor Debay Noes: Edwards Absent: None Abstain: None Automatic Fax Distribution Services/Automated Citizens Information System (ACIS) (($23.950): Motion by Council Member Hedges to not fund the Automatic Fax Distribution Services /Automated Citizens Information System (ACIS) Summer Beach Restroom Cleaning ($20.000): Motion by Council Member Hedees to approve Summer Beach Restroom Cleaning ($20,000). Council Member Glover stated she would not support the motion. This is taking on a lot of responsibility, There is presently a policy and the beaches are presently cleaned. These are additional funds for that purpose. She did not want to leave the impression that the City is not presently handling this matter. Tom Hyans, President, Central Newport Beach Community Association, spoke in support of the motion. The motion carried by the following roll call vote: Ayes: program. Noes: • The motion carried by the following roll call vote: None Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None Summer Beach Restroom Cleaning ($20.000): Motion by Council Member Hedees to approve Summer Beach Restroom Cleaning ($20,000). Council Member Glover stated she would not support the motion. This is taking on a lot of responsibility, There is presently a policy and the beaches are presently cleaned. These are additional funds for that purpose. She did not want to leave the impression that the City is not presently handling this matter. Tom Hyans, President, Central Newport Beach Community Association, spoke in support of the motion. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Noyes, Mayor Debay Noes: Glover Absent: • None Abstain: None Volume 51 - Page 345 • • • City of Newport Beach City Council Minutes July 14, 1997 Insurance Reserve Fund: City Manager Murphy suggested that the balance of whatever funds were not appropriated be transferred to the Insurance Reserve. Director of Administrative Services Danner outlined actions taken: $432,550 to be funded in General Fund projects; $103,000 to be placed in the General Fund Stabilization Reserve pending further staff report; which leaves a balance of $101,316 to be transferred to the Insurance Reserve Fund. Motion by Council Member Glover to transfer $911,706 to the Insurance Reserve Fund. Motion by Council Member Hedges to amend the motion to include the balance remaining from the supplemental funding; program. In response to a question from Council Member Noyes, City Manager Murphy stated that if this motion is passed, Council would have appropriated all the new dollars. Several items would be coming back: LAFCO, part -time position in City Clerk's office, voting machine, and telephones. Two other issues to be considered were radar trailers; up- grading the current radar trailers with computers and buying new trailers. Motion by Council Member Noyes (to amend Council Member Hedges motion to amend the main motion) to hold out $10,000 for up- dating the radar trailers. The motion to amend (by Council Member Noyes) the motion to amend the main motion (by Council Member Hedges) carried by the fallowing roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Noyes, Mayor Debay Noes: Glover Absent: None Abstain: None The motion to amend the main motion (by Council Member Hedges) carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None The main motion (by Council Member Glover) as amended carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: ' None Volume 51 - Page 346 INDEX 1] is • City of Newport Beach City Council Minutes July 14, 1997 City Manager Murphy noted that would transfer $1,003,022 to the Insurance Reserve. Radar Trailers ($6.000): Motion by Council Member Noyes to allocate $10,000 to radar trailer equipment, to go through the Public Safety Committee for recommendation to the City Council to up -grade the radar trailers or buy new ones. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay Noes: Hedges, Glover Absent: None Abstain: None Vehicle and Equipment Procurement and Oil Field Improvement: City Manager Murphy stated that staff would return at a future time to discuss both of these items. Regarding vehicle and equipment procurement, staff would return to the City Council with the results of the internal staff committee. Regarding the oil field improvement, staff would return with a full explanation upon the completion of the ground water development. Newport Beach Boulevard Widening between 30th Street and 32nd Street: City Manager Murphy reported that the budget currently includes three projects to undertake the first phase of work to prepare plans, with actual construction in a future year. A preliminary meeting has been held with property owners. Mr. Murphy recommended that this item be continued for 90 days to continue discussions with all parties. Tom Hyans, President, Central Newport Beach Community Association, asked for clarification whether or not the money for the Newport Boulevard widening is being put into the budget. City Manager Murphy responded it was not approved when the Council approved the budget. In response to further questions, Mr. Murphy noted that the money is from gas taxes, not the General Fund. Mr. Hyans asked why.$50,000 for parking meters had been put into the budget when it was not yet certain they would be installed. City Manager Murphy responded that it does not necessarily add more meters, but is to change some of the meters and the time regulations if the plan is implemented. William Fundenberg, 808 West Balboa Boulevard, asked if City staff had met with fee owners of properties or the business owners, or both, and those just between 30th and 32nd, or further down, and how many properties were involved. Director of Public Works Webb responded that there would be takes from four separate properties; that he met with the business managers. He does plan to meet with the fee owners. Volume 51 - Page 347 I i u City of Newport Beach City Council Minutes July 14, 1997 Council Member Edwards asked, when referring to the Measure M funds that they can only be used for this project, does that mean only widening or can they be applied otherwise on 32nd Street? Director of Public Works Webb responded that Measure M project monies can only be used for widening of Newport Boulevard between 30th and 32nd Streets which are applied for that particular project. That project was established as a priority of the Cannery Village area in 1988 and which was supposed to move forward after the widening of Newport Boulevard between 32nd Street and Pacific Coast Highway. Motion by Council Member Hedges to defer consideration of Newport Boulevard Widening, 30th to 32nd Streets, for 90 days. Council Member Hedges noted he had serious questions about this project. Council Member Edwards asked staff to bring, as part of the report, more information as to the importance of this project. City Manager Murphy responded that would be done; he stated this project is worthy of funding. Council Member Glover asked that the report address if the owners suffer because of this, the City would pay for that; for example, if their revenues were down, how is that figure established? City Manager Murphy responded • that those issues and their impacts would be looked at up front. The report can list what the law provides in the way of benefits to the property owners. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None • Budget Amendments Proposed by Council Member Hedges: Transfer of $157,000 approved in Building Excise Tax (B.E.T.) Funds for remodeling and rehabilitation of the Fire Dei) ment/City Attorney offices to capital building improvements and construction/repair of branch library facilities: Council Member Hedges stated that Building Excise Tax Funds are earmarked for fire, library and parks. He questioned where City Attorney offices fall in that grouping. Secondly, a Fire Department administrative office is the lowest priority when compared with park or library uses. It is a project that can be done at some point if the park and library expenditures are down where they ought to be. There is a lot of concern about the condition of the branch libraries. Volume 51 - Page 348 I\lO ,_ • • • City of Newport Beach City Council Minutes July 14, 1997 Motion by Council Member Hedges to transfer $157,000 from remodeling and rehabilitation of Fire Department/City Attorney Offices to Capital Improvements and construction repair of both library and parks; the order of priority to be recommended by the Finance Committee. Mayor Pro Tom Edwards stated he would support the motion, but noted that there had been no support for the part -time employees, many of which work in the branch libraries. Council Member O'Neil stated he would not support the motion because the branch libraries are already covered in the budget. If money is going to be used to refurbish the branch libraries, he would like to see that originate through the Library Trustees in a report to the Council. The motion failed by the following roll call vote: Ayes: Edwards, Hedges, Glover Noes: O'Neil, Thomson, Noyes, Mayor Debay Absent: None Abstain: None Council Member Glover noted that there was a room for the City Council in the plans; she didn't think the Council needed another meeting room. Transfer of $38.000 approved for Doggie Walk Bag Dispensers and supplies at City Park sites to the Library for the creation of an American History Study and Reference Collection: Motion by Council Member Hedges to transfer $38,000 from Doggie Walk Bag Dispensers to the Library for the establishment of an American History and Culture Study and Reference collection at the Library, to be administered by the Library Trustees. Motion to amend by Council Member Thomson to transfer the monies from the Doggie Walk Bags, not to the American History and Culture Study and Reference collection, but back to the General Fund and not have the Doggie Walk Bags paid for by the City. Mayor Debay asked if there was a way for the local associations to know the cost of a unit. Chris Crosson, Doggie Walk Bags, responded citing benefits of Doggie Walk Bags and outlined the costs. A single dispenser costs $89; bag cost is 4 cents per bag. Director of General Services Niederhaus stated that the total cost of the system for the first year is $38,000; of which $29,000 is the annual on- going expense. Installation cost to the City for one dispenser is $51. Servicing would be by private contractor. Council Member Noyes asked what the connection was between dog walk bags and American History and culture. He noted that the cost of the doggie Volume 51 - Page 349 INDEX • u City of Newport Beach City Council Minutes July 14, 1997 bags almost matched dog license fees. One of his goals was to keep the dog license fee and so this seemed to be a "hand shake" deal. There is a dog nuisance problem. Where there are dog bag dispensers on Balboa Island where the residents fund it, it actually does work. Any recommendations for the library should come from the Library Board. Motion by Council Member Noyes to amend the motion to amend to hold the money, send this back to the Finance Committee to study the issue and not to exclude signage without dog walk bags, more enforcement, or spend some of the money to help the communities that are actually providing this service with matching funds. Motion died for lack of a second. Council Member Hedges stated that the question arose as to the nexus between dog walk bags and American History and culture; they are both General Fund items and this is a decision on how to spend General Funds. With respect to the Library Board, the Council is in the position of appropriating money for things. The Library Foundation routinely gives money to the City which is earmarked for specific uses. The Library Board would be in a position to tell the Council it doesn't have use for that money; in that case, another budget amendment could dispose of it somehow. He spoke further in support of his motion. Council Member Edwards stated that doggie bags is a great problem, but should the City, by analogy, be putting Pamper dispensers in public restrooms. That is arguably a better expenditure of public funds. Council Member Thomson stated this is tax payers' money and it should go back into the General Fund. He spoke in support of the amended motion. The motion to amend the main motion carried by the following roll call vote: Ayes: Thomson, Edwards, Noyes, Mayor Debay Noes: O'Neil, Hedges, Glover Absent: None Abstain: None Council Member Noyes asked Mr. Crosson how many dog walk dispensers members of the community are supporting around the City. Mr. Crosson reported there were dispensers at Newport Island, Balboa, Balboa Peninsula, Balboa Merchants Association are :installing two, and some private associations that have put in one or two. Balboa Island, Little Balboa Island and Newport Island are requesting City participation. There was discussion regarding the need to vote on the main motion as amended. City Manager Murphy stated that the above action left the money in the General Fund. No further action was taken. Motion by Council Member Noyes to put $5,000 this year towards helping paying one -half of the dog walk bag costs for Balboa Island, Little Island, and Harbor Island. Motion died for lack of a second. Volume 51 - Page 350 110 1) • City of Newport Beach City Council Minutes July 14, 1997 17. ADOPTION OF THE 1994 UNIFORM ADMINISTRATIVE CODE (UAC) INCLUDING REVISION OF THE BOARD OF APPEALS COMPOSITION AND APPOINTMENTS TO AD HOC APPOINTMENTS COMMITTEE Council Member Hedges cited Council Policy which prohibits introduction of any new matters after 11:00 p.m. David Philman, Philman Architects, 611 Marinella, Irvine, CA 92606, spoke in favor of adoption of this item with or without amendments. Motion by Council Member Hedges to defer item 17 to the Council meeting of July 28, 1997, and leave it to City Manger Murphy's and City Clerk Harkless' discretion how to reschedule No. 18, depending on the agenda load. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None • Mayor Debay instructed staff to put this item early on the July 28 agenda. Council Member Glover asked if this is pending litigation. City Attorney Burnham responded that no lawsuit has been filed. is Mayor Pro Tem Edwards asked the City Attorney if the Council has to take an action on the ordinance; is there a time constraint. City Attorney Burnham responded that, to his knowledge, there was none. 18. ORAL REPORT CONCERNING RESIDENTIAL CONSTRUCTION ON THE BALBOA PENINSULA (SETBACKS AND ACCESS DESIGN STANDARDS) Request of Council Member Hedges. See motion under No. 17 above. MOTION FOR RECONSIDERATION - None. ADJOURNMENT - 11:45 p.m. - In memory of Dennis Danner's father, Phineas "Phin" Danner, who passed away on July 9, 1997. Funeral services are scheduled for Thursday, July 17. xxxxxx *xxxxxxxxxxxxxx Volume 51 - Page 351 1 � Bldg/Uniform Adm. Code 1994 Edition (26) Balboa Pnsla/Setback & Access Design Stds. (No report) City of Newport Beach City Council Minutes July 14,.1997 • The agenda for the Regular meeting was posted on July 9, 1997 at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. • • Rec rdin cre:tary ay r �a Lr� Aciingp Clerk Volume 51 - Page 352 INDEX