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HomeMy WebLinkAbout01 - 4-26-1999May 10, 1999 Agenda Item No. 1 CITY OF NEWPORT BEACH City Council Minutes DRAFT Study Session April 26, 1999 - 4:00 p.m. INDEX Present: Glover, Thomson (arrived at 4:15 p.m.), Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Adams CURRENT BUSINESS 1. CLARIFICATION OF ITEMS ON THE CONSENT CALENDAR. Regarding Item No. 14, McFadden Place Farmers Market Agreement, Council Member Debay asked if the item needed to be pulled in order to receive approval. Assistant City Manager Wood stated that the action is a "yes" or "no' action and that the provisions are written into the agreement. In response to Council Member Glover's questions regarding Item No. 8, R -A District Height Limits (Amendment 887), and its impact on Kings Road, Ms. Wood clarified that the report only refers to the R -A District; that . Amendment 887 does not affect Kings Road; and that handwritten pages 6 to 10 were not supposed to be included in the report. She indicated that the property is on Mesa Drive and that a variance application was submitted. In response to Mayor O'Neil's question, City Attorney Burnham confirmed that including handwritten pages 6 to 10 does not change anything relative to the notification. In response to Council Member Glover's question relative to whether Item No. 9, Service Station Regulations Update (Amendment 885), will be going to public hearing, Acting City Manager Danner reported that staff will be recommending that this item be continued for two weeks. Council Member Glover expressed concern that all Newport Beach service stations are becoming completely self serve stations. She believed that one pump should be dedicated to full service, especially since there are many elderly citizens in the City. In response to Council Member Glover's question, Mr. Burnham stated that her concern is not necessarily appropriate during clarification of items on the consent calendar but that it is something that can be brought back. He indicated that the City can only regulate as it relates to the zoning code. 2. UPDATE OF GENERAL PLAN HOUSING ELEMENT. • Assistant City Manager Wood explained that there was a delay in requiring a Housing Element update because the State did not fund the Regional Volume 52 - Page 438 General Plan Housing Element (68) City of Newport Beach City Council Minutes April 26, 1999 0 NO-11� Housing Needs Assessment (RHNA) process. However, she indicated that • the deadline to have the Housing Element completed is now June 30, 2000 and that some of the State requirements are outlined in the staff report. She reported that the significant issues for the City are The Irvine Company's (TIC) requirement to provide affordable housing as part of the CIOSA agreement and what the City intends to do with Ford's in lieu fees. She stated that staff is looking for guidance on these issues, as well as direction as to the types of housing programs the Housing Element should focus on. Council Member Debay reported that this was last done 10 years ago. She reviewed the previous process in which the Southern California Association of Governments (SCAG) provided cities with growth forecast numbers and stated that SCAG now receives these numbers from the cities themselves. Council Member Debay also reported that the State has written legislation permitting subregional coordinators, like the Orange County Council of Governments (OCCOG), to administer these numbers. In response to Council Member Glover's questions, Ms. Wood stated that the Bayview Landing site was the site that TIC initially wanted to pursue for senior affordable housing but that the City has not heard from them regarding this for several months. Ms. Wood indicated that TIC does not have a deadline; however, stated that staff believes that the plan would most likely be accepted and certified by the State if a plan was included to address both TIC's requirement and Ford's in lieu fees. Council Member Ridgeway expressed the opinion that the staff report • suggests that the City needs to provide a new Housing Element and provide reporting, but does not put an affirmative obligation to provide affordable housing. Ms. Wood reported that there is no State mandate that the City must spend any of its own funds to produce affordable housing since the City is already required to include SCAG's numbers as the City's affordable housing goal and must provide a series of programs that addresses how the City will facilitate the development. Ms. Wood stated that, if the City did not have land to develop property on or the land was underutilized, the City can utilize redevelopment methods. Council Member Ridgeway reminded Council that the Newport Village site was discussed at a previous study session and that it was concluded that TIC would be able to meet their 172 affordable housing unit requirement at this location. Carol Hoffman, The Irvine Company, stated that, at the time the CIOSA agreement was adopted, TIC was given a variety of locations to meet the affordable housing requirements but that only two sites were suitable. She noted that many members of the community told them that the Lower Bayview Landing site was also not the best location for affordable housing. Mayor O'Neil pointed out that TIC indicated to Council that they would build an affordable housing project on Lower Bayview Landing. Mayor O'Neil asked if TIC has thought about dedicating the Lower Bayview Landing site to the City just as they did with the Newport Village site. . Ms. Hoffman stated that they would be willing to meet in order to explore Volume 52 - Page 439 City of Newport Beach City Council Minutes April 26, 1999 INDEX the many options and that this option has not been discussed with them. Council Member Debay asked if TIC discussed extending the agreements that are expiring or have expired. Ms. Hoffman stated that this would be TIC's least deferred option on the apartment projects. Council Member Noyes stated that the City made a good faith agreement with TIC and released building permits for Corporate Plaza West. In return, TIC almost guaranteed that they were going to move forward with the affordable housing project at Lower Bayview Landing. He believed that the site is only appropriate for affordable housing. Ms. Hoffman indicated that TIC has felt there has been ambiguity from all parties relative to what is the best way to meet the goal. Regarding Corporate Plaza, there are no direct ties between commercial and affordable housing permits. Additionally, TIC indicated that they would pull back from the Newport Village site affordable housing project so there would be no further complications with regard to Corporate Plaza. Ms. Hoffman stated that they would move forward if the City wanted TIC to proceed on the Lower Bayview Landing site. Mayor O'Neil recommended that staff meet with TIC regarding affordable housing and review the following various concepts: 1) building on Lower Bayview Landing; 2) dedicating the land; and 3) providing fees in lieu of providing housing/land. He suggested bringing the information back at a study session in 60 days and hoped that this will bring this issue to a conclusion. • Mayor Pro Tem Thomson asked if there is the possibility of acquiring new land or using other TIC -owned land for the senior affordable housing project. Ms. Hoffman stated that the only vacant parcels TIC has left are the Lower Bayview Landing, Lower Castaways, and Avocado North (part of Newport Village) sites. Mayor O'Neil noted that other opportunities may also be opened if the City annexes the coast area. Council Member Glover believed that the City may not be in a position to have a report in 60 days and wondered about possibly converting the older apartments in the City into affordable housing. She asked if the City can talk to LINC to get them involved again. Council Member Debay stated that the City spoke with Jim White who indicated that he would be willing to redevelop the old trailer park site on Pacific Coast Highway and a code - violated, motor residence on Placentia using the Ford in lieu fees. She hoped that those two sites will be looked at. Council Member Ridgeway pointed out that the staff report indicates that rehabilitation of existing units does not count toward the RHNA requirement. He believed that having staff bring back a report in 90 days may still be accelerating something since the coast area will probably not be annexed by that time. He indicated that he mentioned the Newport Village site because individuals from the OASIS Senior Center made a strong case that it was a good site, especially since the location is close to all services, public transportation, and medical facilities. • Volume 52 - Page 440 City of Newport Beach City Council Minutes April 26, 1999 INDEX Council Member Noyes stated that he has lost faith with the process. He • noted that the City reached an impasse to the point that the only way TIC could get past the City was to agree to build on the Lower Bayview Landing site, which they have yet to build on. Mayor O'Neil stated that it is not in the City's best interest to try to push a site that is controversial and that it may be better to accept title to the Lower Bayview Landing site and/or accept an in lieu fee to move this along and resolve it. Council Member Ridgeway expressed the opinion that he would rather have TIC oversee LINC, or a similar body, who could build a quality project in a good area. Noting that the City took $5,000 per unit from Ford, Council Member Debay asked if a decent unit can even be built with that money. Council Member Ridgeway clarified that the in lieu fee came from a fee being charged on the total number of approved units; that it would cost $60,000 to $70,000 per unit, not including the land; and that Ford really had 61 units that would be considered affordable units. Council Member Debay emphasized that, if the City takes money from TIC, the City should receive a suitable amount that is equal to the number of units. Regarding rehabilitation of existing units, Ms. Wood confirmed that those units would not count toward the RHNA goal unless the units were uninhabitable. However, doing this would still provide affordable housing; • extend the life of the City's affordable housing stock; improve the neighborhood in which they are located; and satisfy other State laws and parts of the Housing Element. She stated that Council may still want to keep this option for consideration. Following discussion, Mayor O'Neil clarified that The Irvine Company will meet with staff to review the concepts of either building on the Lower Bayview Landing site; dedicating the land; or paying in lieu fees. He stated that everything can be considered, including the Newport Village site and the Newport Coast annexation. He hoped that this can be brought back in 60 to 90 days. Ms. Wood stated that they will meet with TIC within the 60 to 90 day period and look at other options for the use of the Ford in lieu fees and the possibility of TIC money. In response to Council Member Glover's questions regarding TIC's building permits, Mayor O'Neil reiterated that there were discussions during the time that the committee was negotiating with TIC over whether or not a project would be built on the Newport Village site. Those negotiations ended because no one was able to agree on a suitable substitute site to replace the property north of the library. Mayor O'Neil stated that, after that, there was a need for TIC to pull building permits in connection with their Corporate Plaza project. He indicated that Council instructed the City Manager to not issue TIC building permits and that this was within their authority. He reported that commitments were made and correspondence was exchanged between the City and TIC whereby, in exchange for issuing the building • permits for Corporate Plaza, there was a commitment on behalf of TIC to Volume 52 - Page 441 El • City of Newport Beach City Council Minutes April 26, 1999 move forward and build an affordable housing project on Lower Bayview Landing. He stated that it was Council's and TIC's understanding that this was an agreement and that he is unsure why TIC did not move forward with the project. Following Council Member Glover's request that the City Clerk provide Council with the minutes concerning this, Mayor O'Neil stated that he believed that this occurred during closed session. City Attorney Burnham stated that he was confident that no open session took place regarding this. Council Member Ridgeway commented that maybe TIC realized that Lower Bayview Landing is not necessarily the best site for a senior affordable housing unit and believed that the building permits were probably just delayed rather than stopped. Mayor O'Neil pointed out that TIC does have an obligation under the CIOSA agreement to provide 172 affordable housing units. Further, that the City needs to do something with the over $2 million in Ford in lieu fees to satisfy the Housing Element. He agreed that the Newport Village site is the ideal location to erect a senior affordable housing project but noted that Council is not unanimous on the issue. Mayor O'Neil hoped that TIC and staff can get together and then provide Council with several options. Mayor Pro Tem Thomson stated that Ford gave the City $32,000 per unit, not $5,000 per unit. If TIC were to do the same, the City can use that money to possibly upgrade places throughout the City or build a low- income apartment complex. Council Member Ridgeway emphasized that he would just like to see a newer, nice senior affordable housing complex somewhere. Council Member Noyes reiterated that it should be located in a good area in which the seniors can walk or take transportation to services. Newly -hired City Manager Bludau stated that he looks forward to meeting with staff to explore the solutions. He agreed that cities have the responsibility to provide low -cost housing but not necessarily to build it. He suggested leveraging the $2 million and possibly waiving some of the building permit fees to further contribute to the project. Mayor O'Neil noted that the $2 million has also gained about $350,000 in interest over the past three years. 3. WEST COAST HIGHWAY WIDENING - (TUSTIN AVENUE TO RIVERSIDE AVENUE) PLAN REVIEW. Public Works Director Webb noted that the staff report mentions some of the current Traffic Phasing Ordinance numbers. He reported that a third westbound lane and a turn lane on Coast Highway, and an additional right turn lane out of Riverside Avenue would be required in order to meet the ICU standards at build out. To accomplish this, Mr. Webb stated that widening would be required on West Coast Highway between Tustin Avenue and the westerly edge of the Sterling BMW dealership. He reported that some right -of -way dedications and some building setbacks have been made and that the City has not yet cleared the lane widths with CalTrans. He estimated right -of -way acquisitions to be about $1.2 million and construction to cost about $1 million. Mr. Webb reported that the City only owns six feet of sidewalk between Riverside and Tustin Avenues, and the right -of -way in Volume 52 - Page 442 INDEX West Coast Highway Widening (74) City of Newport Beach City Council Minutes April 26, 1999 INDEX front of Sterling BMW, but does not own the right -of -way in front of the China Palace. He indicated that the City has not actively pursued this project and believed that the project could qualify for Measure M funds in three to four years because it deals with traffic service and improvement. However, if the City did not wish to pursue Measure M funding, he believed that there are sufficient funds in the Circulation and Transportation Fund. Council Member Debay questioned why the City would be paying for Pacific Coast Highway's widening and improvements since it belongs to the State. Mr. Webb pointed out that CalTrans only helped fund the storm drain portion of the Arches interchange project and that the Pacific Coast Highway widening from Bayside Drive to MacArthur Boulevard was also paid entirely by the City (40% City funds /60% Federal funds). He added that CalTrans does not have funding for the widening of conventional highways. In response to Council Member Ridgeway's questions regarding funding and the Arches bridge, Mr. Webb indicated that the program that issued FAU funds does not exist anymore but that there are several different funds that may be available for the City to apply for. He stated that the Arches bridge should open in the next two weeks and that it is set up to handle build out (60,000 to 65,000 cars a day). Discussion ensued relative to the number of lanes there are on Coast Highway. Council Member Ridgeway expressed the opinion that this is not a very wise use of funds since there is an immediate bottleneck area between Tustin Avenue and the pelican wall. Mr. Webb stated that the General Plan indicates that six lanes are needed at build out on West Coast Highway. He also noted that the Public Works Department was directed not to bring the project up until directed by Council. Council Member Ridgeway asked if the City needed an updated EIR and EIS. Mr. Webb believed that one of them needed to be updated and one was only approved in 1951 for restriping within the existing right -of -way. Council Member Glover believed that this project would cost more than the estimated $2.2 million, recommending that the City purchase everything from Villa Nova Restaurant to the Josh Slocums Restaurant, make a water walkway, and install a median. She believed that the area would never agree to the widening and reminded Council that many children cross the Highway to get to the peninsula. Motion by Council Member Ridgeway to take the steps necessary to proceed with the widening of West Coast Highway from the Arches bridge to Tustin Avenue. Council Member Glover stated that she would second the motion if Council Member Ridgeway included purchasing the properties from the Villa Nova Restaurant to the Josh Slocums Restaurant in his motion. Council Member Ridgeway stated that he cannot add that to his motion because he believed it would not be a wise use of City funds. The motion died for lack of a second. Volume 52 - Page 448 \_J u City of Newport Beach City Council Minutes April 26, 1999 Noting that he does not have a point of view on this project, Phil Bettencourt, 110 Newport Center Drive, reminded Council of the exempt intersection list included in the Traffic Phasing Ordinance and pointed out that this intersection is a potential candidate for the exemption. In response to Council Member Debay's questions, Mr. Webb stated that installing a left turn/straightway lane at Riverside Avenue and Coast Highway is not an option because there is not enough space. Further, an extra left turn lane is not an option because there is two -way traffic flowing at the same time. In response to Council Member Ridgeway's questions regarding the sidewalk in front of the old Rosanne property, Mr. Webb explained that the sidewalk was initially only six feet wide and did not have enough room for the school children to ride their bikes and walk on the sidewalk. For safety reasons, the sidewalk was widened to accommodate the sidewalk traffic. Further, the John Dominus building could not just be setback, explaining that there is not much room to widen the sidewalk there because the property already has landscape setbacks, the building next to it has a very steep driveway, and the building next to that is an apartment complex. Without objection, the report was received and filed. PUBLIC COMMENTS — None ADJOURNMENT — 5:22 p.m. aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa The agenda for the Study Session was posted on April 21, 1999, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk 0 Recording Secretary Mayor Volume 52 - Page 444 INDEX CITY OF NEWPORT BEACH City Council Minutes Regular Meeting April 26, 1999 - 7:00 p.m. DJ?AFT INDEX STUDY SESSION - 4:00 p.m. [Refer to separate minutes] CLOSED SESSION - 5:30 p.m. CLOSED SESSION REPORT PRESENTED - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Glover, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: Adams (excused) Pledge of Allegiance - Homer Bludau. Invocation by Mike Browning, Church of Jesus Christ of Latter -day Saints. Mayor O'Neil presented a proclamation to the Newport Beach Conference & Visitors Bureau, recognizing the importance of the travel and tourism industry to the City and proclaiming the week of May 3, 1999, as Tourism Week. President Rosalind Williams then presented the City with a replica check in the amount of $20,332,156, representing the total tourism revenue that went into the City's general fund during the last fiscal year. Ms. Williams recognized the bureau staff. Dale McDaniel, Chairman of the Board of Directors, expressed his appreciation for the efforts of the bureau. Council Member Noyes requested that Ms. Williams attend a future study session. Mayor Pro Tem Thomson presented the Jack K. Baillie Perpetual Trophy to the Newport Beach yacht club boat that finished first in this year's Newport to Ensenada Race, "Heartbeat ". Captain Chuck Brewer accepted the trophy and acknowledged the crew members. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): • Council Member Noyes announced that American Legion Post 291 just celebrated its 75th anniversary. He stated that the club has over 2,000 members. • Council Member Ridgeway stated that he and his family visited the "Endeavour" while it was in Newport Beach and he complimented the Nautical Museum and all of the volunteers who participated as docents Volume 52 - Page 445 • 0 City of Newport Beach City Council Minutes April 26, 1999 on the ship. • Mayor O'Neil added that he spoke with Captain Chris Blake of the "Endeavour ", who mentioned that Newport Beach would be a port of call when the "Endeavour" sails again from its home port in Australia in 2001. • Mayor O'Neil announced that Newport Beach has been awarded the title of 'Tree City USA' for the eighth consecutive year with a special growth award. He added that Newport Beach has 28,000 City trees. • Mayor O'Neil announced that Back Bay Drive reopened over the weekend. He said this was done with the cooperation of the U. S. Department of Fish & Game, U. S. Fish & Wildlife, the County of Orange, The Irvine Company and the City. • Council Member Glover asked that the Council meeting be adjourned in the memory of Coalson Morris. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF APRIL 12, 1999. Waive reading of subject minutes, approve as written and order filed. 2. READING OF ORDINANCES AND full of all ordinances and resolutions Clerk to read by title only. RESOLUTIONS FOR ADOPTION RESOLUTIONS. Waive reading in under consideration, and direct City 3. BUSINESS IMPROVEMENT DISTRICT (BID) ADMINISTRATION. Adopt Resolution No. 99 -29 to establish BID Coordinating Committee; and approve Request for Proposals (RFP) for BID Administration. 4. Item removed from the Consent Calendar by Council Member Noyes. 527. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING THE SAFE AND HEALTHY COMMUNITIES INITIATIVE. Adopt Resolution No. 99 -30. 528. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OPPOSING THE CITY OF IRVINE ANNEXATION OF EL TORO MCAS AND THE MUSICH JAIL. Adopt Resolution No. 99 -31. ORDINANCES FOR ADOPTION 5. ORDINANCE NO. 99 -9 AMENDING CHAPTER 12.24 (SPECIAL SPEED ZONES) OF THE NBMC REGARDING DECREASING STATE SPEED LIMITS. Adopt Ordinance No. 99 -9. Volume 52 -Page 446 INDEX Res 99 -29 BID Administration (27) Res 99 -30 Safe & Healthy Initiative (54) Res 99 -31 El Toro MCAS/ Musick Jail (54) Ord 99 -9 Special Speed Zones (53/85) City of Newport Beach City Council Minutes April 26, 1999 INDEX 6. ORDINANCE NO. 99 -10 APPROVING AN AMENDMENT TO Ord 99- 10/PCA 882 DISTRICTING MAP NO. 18, SO AS TO ESTABLISH A 6 FOOT Davidsson Residence FRONT YARD SETBACK FOR TWO PROPERTIES LOCATED AT (D & L Engineering) 3000 AND 3002 BREAKERS DRIVE [AMENDMENT NO. 882]. Adopt 3000/3002 Breakers Ordinance No. 99 -10. Drive (94) 7. ORDINANCE NO. 99 -11 APPROVING AMENDMENTS TO TITLE 20 Ord 99- 11/PCA 884 OF THE NBMC PERTAINING TO THE CALCULATION OF Residential Maximum RESIDENTIAL FLOOR AREAS [PLANNING COMMISSION Floor Area Limits AMENDMENT 884]. Adopt Ordinance No. 99 -11. Calculation (94) ORDINANCES FOR INTRODUCTION 8. AMENDMENT TO SECTION 20.65.040 (HEIGHT LIMITATION Ord 99 -12 ZONES) OF TITLE 20 OF THE NBMC TO PLACE ALL PROPERTIES PCA 887 IN THE RESIDENTIAL - AGRICULTURAL (R -A) DISTRICT IN THE Height 32/50 FOOT HEIGHT LIMITATION ZONE [AMENDMENT 887]. Limitation Introduce Ordinance No. 99 -12; and pass to second reading and schedule Zones public hearing on May 10, 1999. (94) 9. AMENDMENT TO CHAPTERS 20.80 (SERVICE STATIONS), 20.03 PCA 885 (DEFINITIONS), AND 20.67 (SIGNS) OF TITLE 20 OF THE NBMC TO Land Use/Property UPDATE LAND USE AND PROPERTY DEVELOPMENT Development REGULATIONS FOR SERVICE STATIONS. [AMENDMENT 885]. Regs for Service Continued to May 10, 1999. Stations (94) CONTRACTS AND AGREEMENTS 10. JAMBOREE ROAD SEWER IMPROVEMENT - AWARD OF C -3179 CONTRACT (C- 3179). Approve the plans and specifications; award the Jamboree Road contract to GCI Construction, Inc. for the total bid price of $139,730; Sewer Improvement authorize the Mayor and the City Clerk to execute the contract; and (38) establish an amount of $14,000 to cover the cost of unforeseen work. 11. MARINE AVENUE SOUTH OF BALBOA ISLAND BRIDGE C- 3268BA -062 RECONSTRUCTION -AWARD OF CONTRACT (C- 3268). Approve the Marine Avenue plans and specifications; award the contract to JDC, Inc. of Rancho Bridge Cucamonga for the total bid price of $37,335 and authorize the Mayor and Reconstruction the City Clerk to execute the contract; establish an amount of $3,700 to cover (38/40) the cost of testing and unforeseen work; establish Account No. C5100492 to fund the work; and authorize a budget amendment (BA -062) to transfer $40,000 of the unused balance from Gas Tax Account No. 7181- C5100399 (Balboa Boulevard Reconstruction Medina Way/ A' Street) and $1,035 of the available balance from General Fund Account No. 7013- C5100019 (Street, Bikeway, and Parking Lot Striping) into Account Nos. 7013- C5100492 ($1,035) and 7181- C5100492 ($40,000). 12. ENCROACHMENT AGREEMENT FOR CONSTRUCTION AND EP99 -67 MAINTENANCE OF PRIVATE IMPROVEMENTS WITHIN THE Encroachment OCEAN BOULEVARD PUBLIC RIGHT -OF -WAY ADJACENT TO 3729 Agreement/ . OCEAN BOULEVARD, CORONA DEL MAR (EP99 -67). Approve the Ocean Boulevard/ Volume 52 - Page 447 City of Newport Beach City Council Minutes April 26, 1999 INDEX . application subject to: 1) Execution of an Encroachment Agreement for non- Adjacent to standard improvements: authorize the Mayor and the City Clerk to execute 3729 Ocean Blvd. the Agreement; and authorize and direct the City Clerk to have the (65) agreement recorded with the Orange County Recorder; 2) An Encroachment Permit issued by the Public Works Department; and 3) A Building Permit issued by the Building Department. 13. SECTION 5 SEWAGE PUMP STATION ON LITTLE BALBOA ISLAND C -2975 CONTRACT (C -2975) — NOTICE OF COMPLETION. Accept the work; Section 5 Sewer authorize the City Clerk to file a Notice of Completion; and authorize the Pump Station on City Clerk to release the bonds 35 days after the Notice of Completion has Little Balboa been recorded in accordance with applicable portion of the Civil Code. Island (38) 14. MCFADDEN PLACE FARMERS MARKET AGREEMENT. Approve the C -3098 Encroachment Agreement with Mr. Larry Nedeau as an independent McFadden Place operator of the McFadden Place Farmers Market; and direct staff to provide Farmers Market a report to include discussion of the markets operation during the first six (38) months of the agreement for City Council review. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR APRIL 22, 1999. Receive Planning and file. (68) 16. Item removed from the Consent Calendar by Council Member Ridgeway. 17. ORANGE COUNTY GRAND JURY REPORT. Authorize the Mayor to OC Grand Jury/ sign the City's letter responding to the Orange County Grand Jury report Leaf Blowers entitled "Leaf Blower Pollution Hazards in Orange County ". (44) 18. TELECOMMUNICATIONS EQUIPMENT AND APPROVAL OF BA -064 BUDGET AMENDMENT (BA -064) IN THE AMOUNT OF $180,500. Telecommunications Approve voice mail replacement ($35,614.50); Fire & Marine Lifeguard HQ Equipment PBX upgrade ($28,887.27); City Hall, Police Department and Central (40) Library PBX switch upgrades ($60,504.34); implementation of enhanced E- 911 system ($38,231.82); and Interactive Voice Response (IVR) System interface ($65,000); and funding realignments specified in staff report. 19. ECONOMIC DEVELOPMENT COMMITTEE RECOMMENDATION General Plan FOR FUNDING FOR A GENERAL PLAN AMENDMENT FOR THE Amendment for AIRPORT AREA. Direct staff to include $100,000 in the 1999 -2000 Capital the Airport Area Budget, and plan to include $150,000 in the 2000 -2001 Capital Budget. (40/54) 20. BUDGET AMENDMENT (BA -065) IN THE AMOUNT OF $70,910 TO BA -065 FUND THE PURCHASE A PATROL CAR, VEHICLE SETUP COSTS, Patrol Car/ AND ASSOCIATED EQUIPMENT FOR THE POLICE DEPARTMENT Vehicle Setup/ ($31,910) AND THE PURCHASE OF AN END -DUMP TRAILER FOR End -Dump THE GENERAL SERVICES DEPARTMENT ($39,000). Approve Trailer BA -065. (40/44/70) . 21. BUDGET AMENDMENT (BA -063) AS REQUESTED BY THE BOARD BA -063 Volume 52 - Page 448 City of Newport Beach City Council Minutes April 26, 1999 OF LIBRARY TRUSTEES TO TRANSFER SALARY SAVINGS IN THE AMOUNT OF $76,000 TO THE MAINTENANCE AND OPERATION, AND THE CAPITAL EQUIPMENT COMPONENTS OF THE LIBRARY BUDGET IN ORDER TO UNDERTAKE NEEDED COMPUTER UPGRADES AND LIBRARY BRANCH REPAIRS. Approve BA -063. 22. REPORT ON VOLLEYBALL COURT AT 2406 WEST OCEANFRONT. Receive and file. 23. Item removed from the Consent Calendar by Council Member Noyes. Motion by Mayor Pro Tem Thomson to approve the Consent Calendar, except for those items removed (4, 16 and 23) and those items continued (9). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 4. 16. REVISED PARKING LOT FEES FOR BALBOA PIER AND CORONA DEL MAR PARKING LOTS. Council Member Noyes expressed his desire to have the PROP Committee review the suggested revisions before the resolution is approved by the City Council. He stated that the amendment provides an opportunity to possibly make other adjustments. Council Member Ridgeway stated that he will be attending the Balboa Merchants Owners Association quarterly meeting the following day and could bring this topic up at that time. Motion by Council Member Noves to continue the item for 30 days to allow time for the PROP Committee to review. Without objection, the motion carried by acclamation. CHANGE OF DESIGNATED STREET TREE ON SERRANO AVENUE. Council Member Ridgeway stated that since the last City Council meeting, a meeting with the applicant was held to discuss this issue and a compromise was reached. Motion by Council Member Ridgeway to require that a) two of the three trees removed at 2118 Serrano Avenue be replaced with 24" box magnolias, with root barriers attached; b) the rock closest to the fire hydrant, not approved by an encroachment permit, be removed; and c) the three Norfolk pines be transplanted in the new Japanese garden at the Central Library along with two sago palms, to be paid for by the applicant. Mayor O'Neil confirmed that the trees that were not approved will be replaced with approved designated trees, and the City will receive the trees that are being removed as well as two sago palms. Volume 52 - Page 449 INDEX Library Computer • Upgrades & Library Branch Repairs (40160) Volleyball Court/2406 W. Oceanfront (62) Parking Lot Fees/ Balboa Pier & CdM Parking Lots (40) Designated Street Trees on Serrano Avenue (62) • J City of Newport Beach City Council Minutes April 26, 1999 Without objection, the motion carried by acclamation. 23. CORONA DEL MAR TIDEPOOLS. Council Member Noyes asked for a report from staff and also wanted to hear from Patty Schooley of the County. Deputy Fire & Marine Chief Melum stated that, per City Council direction, staff gathered information on the condition of marine life refuges in general and the Corona del Mar tidepools, specifically. He stated that they read reports, looked at studies and held meetings. He stated that the information gathered suggested that human foot traffic, lawful and unlawful collecting and recreational users were having an impact on Corona del Mar as well as others. Deputy Fire & Marine Chief Melum stated that the recommendations in the staff report address the impact of human activity, and include the City's participation with other agencies and ongoing studies. He stated that the recommendations also include replacement of signage, a reduction in the number of scheduled visitors and additional staffing at the site. Council Member Glover asked about the viability of reducing the number of visitors by completely closing the area for a couple years. Deputy Fire & Marine Chief Melum stated that it would be a drastic remedy and may not • be necessary at this point. Responding to Council Member Ridgeway's question, Deputy Fire & Marine Chief Melum explained the procedure for managing visitors to the area. He stated that, in October, mailings are sent to all Orange, Riverside and Los Angeles County schools explaining the situation, the regulations and the City's desire to schedule visits. He stated that the scheduling is explained as being done to provide for a quality visit as well as to assist in protecting the refuge. He added that another way the City manages the area is through the use of personnel at the site to notify the public of the regulations and to contact the police if anyone refuses to comply. Deputy Fire & Marine Chief Melum also stated that he'd like to have the schools schedule their visits over the entire year rather than just during the popular Spring season. He stated that this will still accommodate everyone but, in smaller numbers, it will allow the City's Marine Reserve Officer to do a better job in managing their conduct. City Attorney Burnham responded to Council Member Ridgeway's question about the City's authority to restrict access by stating that because the City is the grantee of the tidelands and the owner of the walkway easement, he feels the City has the authority. He added that the City might want to confirm the beach access restriction with the State Lands Commission but that for purposes of protecting the environment for a given duration, he feels that it would be approved. . Deputy Fire & Marine Chief Melum confirmed for Council Member Volume 52 - Page 450 INDEX CdM Tidepools (51) City of Newport Beach City Council Minutes April 26, 1999 `Q� Ridgeway that the total dollar amount of the recommended Marine Preserve Supervisor had not yet been calculated. Council Member Ridgeway asked about the low tides and Deputy Fire & Marine Chief Melum explained that he attempts to schedule personnel during low tides when they occur between 9:00 a.m. and 4:00 p.m., and are below +2. Council Member Noyes requested to hear from the County representative in attendance at the meeting. Mayor O'Neil asked about the possibility of creating manufactured tidepools, possibly in the Shellmaker or Back Bay area. Deputy Fire & Marine Chief Melum stated that the suggestion was worthy and could be best utilized by the younger kids, leaving the natural tidepools for the more serious students. Mayor O'Neil added that staff might also look at using state or federal grant money to offset the development of manufactured tidepools. Council Member Debay asked about the exhibits that will to be opened with the Back Bay Nature Preserve Conservancy. Deputy Fire & Marine Chief Melum stated that those would probably deal with estuaries and marshes only, and not tidepools. Patty Schooley, Operations Supervisor for the County of Orange Harbors, Beaches and Parks, stated that her area includes the coastal facilities from Sunset Beach to the River Jetty to South Laguna to Poche Beach. She stated that Orange County is blessed with white sandy beaches as well as rocky intertidal zones. She stated that human activity has definitely had an affect on these areas, and it is a problem that is not unique to Little Corona. She stated that Orange County has six designated refuges: Little Corona, Irvine Coast which includes Crystal Cove, the combined Laguna and Niguel tidepools, a preserve at Dana Point and Doheny. Ms. Schooley stated that she supports all of the recommendations in the staff report and, additionally, would like to see the problems addressed as a region. She stated that the rules should be the same, the same message should be sent out to the school districts, the signage should be standardized and a region -wide volunteer program should be developed for coastal management. She stated that other alternatives and activities need to be offered because the tidepools in Orange County have a carrying capacity. Ms. Schooley stated that restrictions are already used in parks, wilderness type facilities and trails. She stated that the public has come to understand and accept these restrictions, and that the same thing must be done with the tidepools. She added that grants are available, and that she recently received a coastal resource grant funded by offshore oil money. She stated that it will provide for enforcement, the creation of a management plan, new signage and education. Ms. Schooley stated that Fish & Game should be the manager of ecological tidepools and refuges. She stated that she understands they have limited resources but added that they have the ability to approve restrictions and limit access. Volume 52 - Page 451 • 11 0 0 City of Newport Beach City Council Minutes April 26, 1999 Ms. Schooley recommended that the City Council approve the City's participation in the larger regional approach to the problem. Ms. Schooley confirmed for Council Member Ridgeway that Fish & Game needs to be a part of the approach because they have something to offer and should be a participant. She stated that the County is determined to be a leader and wants others to participate. Council Member Ridgeway suggested that the County propose a bill in Sacramento that would force the active management plan that Ms. Schooley has recommended. Ms. Schooley stated that she is proposing that the newly- formed Coastal Commission form a subcommittee that would speak to the lobbyists and politicians. Council Member Noyes explained that the Coastal Coalition is a new group that has only met twice. He added that the problem discussed tonight could be brought up at the next meeting. He thinks this would be an ideal topic for the new group to work on. Ms. Schooley stated that at the next meeting, the Coastal Coalition will address its priorities, format and organization. She added that a fact to keep in mind is the amount of money the East Coast receives from the federal government to manage and restore their beaches compared to the very small amount of money that California receives. She stated that this is due to their lobbying efforts. Mayor O'Neil thanked Ms. Schooley for her time, information and efforts. Nancy Gardner, Newport Beach Chapter of the Surfrider Foundation, complimented Deputy Fire & Marine Chief Melum for his efforts and encouraged the City Council to approve the staff recommendations along with those suggestions made by Ms. Schooley. Motion by Mayor O'Neil to a) participate with other agencies, including the Department of Fish and Game and other marine life refuges, to make the refuge a more effective tool for protecting coastal intertidal resources; b) support continued studies to define causes of intertidal decline and to identify strategies for restoration; c) reduce the number of visitors scheduled for daily visits to a more manageable number; d) prepare new signage at Corona del Mar Marine Life Refuge that will alert visiting public to the rules and regulations in effect, the harm done by unlawful collecting, and the impact of foot traffic within the intertidal zone; e) prepare increased staffing estimates and bring them back to City Council that would: 1) provide for a seasonal Marine Preserve Supervisor to coordinate the tidepool program; 2) ensure staffing of a Marine Preserve Officer at the Marine Life Refuge at all low tides, when the tidepools are exposed during daylight hours; and 3) coordinate the creation of a volunteer community service group to assist in the preservation of the Marine Life Refuge; and f) where possible, staff to coordinate with the County of Orange and any regional agency to develop and collaborate on a plan for the Orange County coast. Council Member Ridgeway stated that he supports the motion and emphasized that signage and education should be done immediately. He Volume 52 - Page 452 INDEX City of Newport Beach City Council Minutes April 26, 1999 cited an example of fishermen that were successfully educated on not bait. Without objection, the motion carried by acclamation. PUBLIC COMMENTS - None. PUBLIC HEARINGS 24. PUBLIC HEARING TO CONSIDER THE GRANTING OF A NON- EXCLUSIVE SOLID WASTE FRANCHISE TO KEVIN RAY DEMOLITION AND ADOPTION OF ORDINANCE NO. 99 -8 GRANTING A NON - EXCLUSIVE SOLID WASTE FRANCHISE TO KEVIN RAY DEMOLITION. Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Glover to adopt Ordinance No. 99 -8. Without objection, the motion carried by acclamation. 25. BAY ISLAND PUBLIC SERVICE EASEMENT AND SEWER SYSTEM VACATION RESOLUTION AND AGREEMENT. Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Debav to adopt Resolution No. 99 -32 ordering the vacation and abandonment of the Bay Island Public Service Easement and Sewer System; approve the Bay Island Public Service Easement and Sewer System Vacation Agreement; and direct the City Clerk to have the resolution and agreement recorded by the Orange County Recorder. Without objection, the motion carried by acclamation. 26. PROPOSED UNDERGROUND UTILITIES DISTRICT NO. 15, NEWPORTBALBOA - MCFADDEN SQUARE INTERSECTION (19TH STREET TO 32ND STREET). Mayor O'Neil opened the public hearing. Hearing no testimony, Mayor O'Neil closed the public hearing. Council Member Debay complimented staff for the before and after renderings provided at the meeting. Motion by Council Member Glover to adopt Resolution No. 99 -33 establishing Underground Utilities District No. 15. Volume 52 - Page 453 Ord 99 -8 Non - Exclusive Solid Waste Franchise Agr./ Kevin Ray Demolition (42) C -3275 Res 99 -32 Bay Island Service Easement And Sewer System Vacation (38/90) Res 99 -33 Underground Utilities District 15/ MacFadden Square Intersection (89) 0 0 0 E City of Newport Beach City Council Minutes April 26, 1999 Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION - None ADJOURNMENT - In memory of Coalson Morris at 7:55 p.m. tttttttttttttkttttttttttttttttt The agenda for the Regular Meeting was posted on April 21, 1999, at 2:40 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. The supplemental agenda for the Regular Meeting was posted on April 23, 1999, at 2:30 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk Recording Secretary Mayor Volume 52 - Page 454 INDEX