Loading...
HomeMy WebLinkAbout02/10/1997 - Adjourned Regular Meeting0 CITY OF NEWPORT BEACH City Council Minutes Adjourned Regular and Regular Meeting February 10, 1997 - 4:00 p.m. Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None 1. BALBOA PENINSULA PLANNING ADVISORY COMMITTEE (BPPAC). City Manager Murphy explained that the staff report is a follow -up to the January 20, 1997 Study Session at which time the Balboa Peninsula Planning Advisory Committee (BPPAC) presented their recommendations. Two reports were presented, the Urban Design Camp report, and Project 2000, A Planning Vision for the Balboa Peninsula from the committee. He said staff has attempted to take the list of recommendations and condense them into something more manageable so the Council can review the individual recommendations. He said staff tried to identify the • components in sequence using the priorities established by BPPAC in conjunction with other projects that may be in the works or in the planning stages that may run in tandem with recommendations included in the report. He explained that this is the beginning of the process to identify what needs to move forward immediately, in the moderate- and long -term. Staff has attempted to put some numbers to some of the issues, however some of them are difficult to quantify without completing the up -front feasibility studies. Assistant City Manager Wood reiterated that the plan is a long -term vision and concept plan for the peninsula, and Council is not expected to take action on all of it at once. She said that the first recommendation is that staff and the committee continue a community outreach program in order to get input as the plans are developed with more detail, so that nothing is implemented before it is completely reviewed. She said some of the items are immediate steps and may be able to be undertaken within this fiscal year or next fiscal year. They include the parking management plan, which is viewed as a comprehensive plan to study the residential permit program, permits for guests of residents, pricing consideration to make shopping areas more convenient and accessible to shoppers, and also the possibility of moving parking places around. The changes to the Balboa Pier Parking Lot can be made immediately and have been talked about for a number of years. The changes should be made before work is done to beautify Balboa Boulevard • within the Balboa Village area, because it is expected that parking spaces will be gained in the Pier Parking Lot and thus will allow more flexibility for the sidewalk and landscaping improvements on Balboa Blvd. Another Volume 51 - Page 83 r1 BPPAC Project 2000 (24/68) • City of Newport Beach City Council Minutes February 10, 1997 INDEX recommendation for immediate action are amendments to the Local Coastal Program for consistency with the plan and also the certification of that program. The certification effort has been on staffs work program for a while and has also been a priority of the Economic Development Committee because once it is accomplished more things can be approved through the City review process. Staff also believes a marketing plan should be started that would lead into a professional tenant recruitment program. Another area that is already being addressed and should continue is the alcohol related policy. Another one of the immediate steps is the adoption of an ordinance to deal with derelict boats. She said there are a number of other recommendations that staff believes need quite a bit of further study before it is known how to proceed with them. The first of those recommendations deals with Marina Park. She explained that there is already a study underway by the City that is separate from the BPPAC effort and it needs to be completed before any decisions can be made. The other areas that may require additional study are the changes to Via Lido and 32nd Street, the mixmaster, the creation of a Harbor Commission, and relocation of moorings. She noted that the dollar amounts on the implementation schedule are all estimates and there may be some changes to the schedule based on realignment of priorities. She said staff is recommending that immediate action be taken to develop a peninsula revitalization financing program. Some of the areas that have been identified that may be included are the Community Development Block • Grant (CDBG) program, which is a federal grant the City receives every year. Staff also feels it would be worthwhile to explore the feasibility of a redevelopment agency to provide additional financial help with public improvements, some possible assistance with greater tenant mix control or consolidation of properties for revitalization efforts. She said staff is working with businesses in McFadden Square, Cannery Village and Lido Village to establish one joint Business Improvement District for those areas, or perhaps separate ones. The off - street parking fund has a current balance of $1.75 million and is built up because it has been used in limited ways. The annual revenue to that fund is only $250,000 but there may be ways that it can be increased by reviewing the parking fees and the hours of enforcement. In response to Council Member Glover, Ms. Wood explained that the parking management study will look at preference for residents, time and cost management and pricing changes and anything dealing with removal of parking will be dealt with through the feasibility studies for the various street improvements. Council Member Hedges said there have been some misunderstandings with respect to the status of Marina Park and explained that Marina Park has been the subject of a separate staff study for the last couple of years. The lease expires at the end of 1999, therefore the status of the property is in question since it has been determined that the property is located in state • tidelands, which changes the status and private use of it. The work that BPPAC did with respect to Marina Park was visionary in the aspect of potential uses for the property if it were available. Volume 51 - Page 84 • City of Newport Beach City Council Minutes February 10, 1997 I 1 Motion by Council Member Hedges to confirm that the Marina Park status and negotiations remain at the staff level until such time as the staff recommendation is ready to be transmitted to the appropriate City Council committee for alternative recommendations to the City Council. City Manager Murphy explained that this issue goes back quite some time in terms of prior lease discussions, which were basically held in abeyance since an agreement was not reached. He said a study is about to be completed in terms of what the alternatives might be in terms of the use of the site in conformance with City Council policy to evaluate the highest and best use of City income properties. Recently a meeting was held with two representatives from Marina Park to discuss the specific issues and at the conclusion of the discussion staff made a commitment to schedule a meeting with Mr. Curtis Fossum, State Lands Commission, to discuss the status of the property as tidelands, the restrictions that entails and the alternatives for the City and the residents. Mr. Murphy explained that the City has leases with each of the tenants on the site and there are provisions within the 1985 lease which state that the City Council intends to convert Marina Park to a public recreation area upon expiration of its lease. The City Council found that it was in the best interest of the City to enter into the lease because the lessees agreed that the City has the right to convert Marina Park into a public recreation area upon • the expiration of the lease, or shortly thereafter, without payment of relocation benefits or other forms of assistance to persons displaced due to conversion. 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 opened the public hearing and requested that speakers limit their testimony to the items addressed in the staff report. Frances Bury, 106 Via Undine, spoke against the removal of the island strip of businesses on Newport Blvd. from 30th to 26th and any redevelopment of the area. She requested that the center strip be left as it is, the storm drains be repaired, the utility lines undergrounded, and conditions on use permits be tightened up. Dayna Pettit, 1741 Plaza del Sur, commended the committee for their efforts, however voiced concerns about Balboa being referred to as a "slum." She said the report includes many of the same issues that the downtown • group has already identified, such as the parking management plan. She pointed out that the cafe ordinance has been adopted, the streets and sidewalks have been widened, one of the buildings has received a facelift, Volume 51 - Page 85 City of Newport Beach City Council Minutes February 10, 1997 INDEX • and a new cart ordinance is currently being considered. Christopher Sutton, 35 E. Union #C, Pasadena, attorney hired by Frances Bury to oppose redevelopment, urged the Council not to spend any money on redevelopment and to stop all consideration of redevelopment. He explained that his practice specializes in killing redevelopment projects throughout the state. He asked the Council to vote to remove the possibility of redevelopment from this concept. William C. Fundenberg, Jr., 808 W. Balboa Blvd., noted that a lot of improvements have already occurred in the areas discussed. He said people have voluntarily improved their properties at their own expense and the land use changes have resulted in more owner- occupied residences, more year -round tenancy, and improvements in the land usage. He said he isn't sure how the sidewalks can be widened without taking portions of people's property. Bob Pone, 5314 Henderson Place, Santa Ana, said he has a boat on a mooring that is part of the proposed change and he hopes the boat owners are given ample time to react to any proposed plans. He spoke in favor of the proposal to revitalize the peninsula and he said the plan should offer more public facilities (picnic areas, parking, restrooms, aquatic center, maritime museum, etc.). • Evelyn Hart spoke against spending $50,000 to study the moorings, as well as the City's ability to remove or relocate the moorings. Alex Ascencios, 821 W. Balboa Blvd., Junior Sailing Director at Newport Harbor Yacht Club, spoke in favor of the redevelopment of Marina Park, or a portion of it, as a marina to allow more access for the public. Norman Johnson said he has had a boat in Mooring J for ten years and it is not a derelict boat and he believes the City already has ways to enforce maintenance or removal of derelict boats without passing any new ordinances. He voiced concerns for the bird life that live in that area and stated that the environmental impact should be considered when dealing with derelict boats. Ted Barry, 409 Holmwood Drive, voiced concerns about the speed of things, the methods that the Council will use, and the passibility of losing a portion of their property. He also said he knows there are problems with derelict boats, however they do serve a purpose. He said the $50,000 slated to be used for studying the moorings should be used instead to work with the cities upstream from Newport to deal with the debris that comes from the end of the sewer pipe. Howard Norris said he is concerned about the business improvement district and noted that he has not been contacted about this issue and asked who • staff is working with. Louise Fundenberg, 808 W. Balboa Blvd., said that the removal of parking Volume 51- Page 86 • City of Newport Beach City Council Minutes February 10, 1997 HVDEX along Balboa Blvd. to widen the street in order to plant trees will take away parking for her guests. She said trees should be planted to improve the area, there needs to be more community outreach, and the parking problem on the peninsula should be addressed. Bill Ficker, 522 W. Ocean Front, said that he found a report he wrote in June of 1987 regarding planning issues, entitled Civilized Planning for Civilization, and a lot of the same issues were addressed. He said he believes the City now has the leadership to study these issues, he views the BPPAC report as a road map to provide a forum. to discuss the issues and it provides a lot of opportunities and priorities. Two of those opportunities are the beautification and the traffic management and they should be the highest priorities. He said he was involved in the area of beautification of Balboa Blvd. and noted that it is not the intent to widen the street to take property, but to only widen the sidewalks by a couple of feet to make them more comfortable and to provide a place to plant trees. He said it was not the intent to take all of the parking out of the center, however selectively thin it down. Barbara Barnard, 1100 W. Bay Avenue, spoke in support of regaining control of the harbor from the County and governance by a Harbor Commission which would include one representative from each of the yacht clubs, as well as other knowledgeable people, and they would report to the Newport Beach City Council. The goal for that commission would be to limit the size and • number of the tour boats in the harbor and to develop and enforce hard and fast rules for live -a- boards in the bay. She spoke in support of the idea of clustered parking and limited street parking between 3:00 a.m. and 5:00 a.m. Curt Herberts, 2290 Channel Road, Balboa, said that the BPPAC report should be named the "B -Back" report because a lot of what is in it has been before the Council previously. He said that redevelopment is a disaster for the people who are in the redevelopment district because it reduces property values tremendously. Lee Gilliland, 1134 E. Balboa Blvd., requested that a diagram be provided on where moorings will be removed. Jim Wasco, 2200 Newport Blvd., said that after discussing the traffic circulation on Newport/Balboa Blvd. with Jack Camp, he is comfortable with the plan, however questioned how it will be handled in the future. He said that $125,000 is a lot of money for a parking management study and voiced concerns with increasing rates on metered parking and the hours of enforcement. Will Longyear, 215 Via San Remo, said that whatever plan the Council comes up with has to be relatively practical, painless and economical. He spoke against diagonal parking and stated that the parking fees for • structures should be the same as on- street parking. He asked the Council to spend money on beautification, improvements to the infrastructure and undergrounding of utilities. Volume 51 - Page 87 E City of Newport Beach City Council Minutes February 10, 1997 iTi Elaine Limhoff said that the whole study is based on a false assumption that the peninsula is so bad that it needs radical changes to fix it. She said the cost to fix Balboa Blvd. is too high in terms of the hardship it would cause to the residents who live along that strip. She suggested that the money be spent to widen the boardwalk to separate the bicyclists and skaters from the pedestrians. She spoke in support of the beautification program and undergrounding of the utilities. Ned Parsons, speaking on behalf of Villa Rentals, 120 - 32nd Street, addressed the hospitality section of the report and explained the efforts he has made to attract Japanese tourists to the area. Bob Roubian said the City's primary concern has always been parking, increased parking and traffic and urged the Council to put parking and traffic as the priorities over beautification. Mayor Debay closed the hearing. Council Member Hedges thanked the members of BPPAC for their efforts in drafting the report. Motion by Council Member Hedges to direct staff to prepare a community outreach strategy coordinated with BPPAC and to begin implementation of • the following steps: 1) parking management plan; 2) Balboa Pier Parking Lot improvements; 3) Local Coastal Program amendment and certification; 4) tenant marketing plan; 5) alcohol policies; 6) derelict boat ordinance; 7) drafting of sign ordinance; 8) development of a Peninsula Revitalization Financing Program; 9) elevation of the priority of the mixmaster and combination of the feasibility study for Via Lido /32nd Street and mixmaster; and 10) to continue further study and feasibility studies as budgeted this year (if appropriate) of the recommendations for further study as outlined in the staff report. In response to concerns raised by Council Member Glover, it was explained that the motion only authorizes the creation of a financing program to identify sources of funding, and the timing of the financing for the various phases of the proposal. Discussion ensued about the undergrounding of utilities and comments were made about allocating money to fund the undergrounding in the absence of an assessment district. Council Member Hedges clarified that adoption of the motion states clearly the adoption of the highest priorities as set forth by BPPAC with respect to the parking management: plan, the improvement to the Balboa Pier lot, the Local Coastal program and community outreach. Substitute motion by Council Member Thomson to remove and deal with the Via Lido /32nd Street issue separately. The motion carried by the • following roll call vote: Volume 51 - Page 88 • City of Newport Beach City Council Minutes February 10, 1997 Ayes: Thomson, Glover, Noyes, Mayor Debay Noes: O'Neil, Edwards, Hedges Absent: None Abstain: None The main motion with the Via Lido 132nd.Street issue removed as per 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 Motion by Council Member Thomson to remove the Via Lido /32nd Street issue from the primary list of goals. The motion failed by the following roll call vote: Ayes: Noes: Absent: Abstain: The ma • Ayes: Noes: Absent: Abstain: Thomson, Glover, Noyes O'Neil, Edwards, Hedges, Mayor Debay None None in motion carried by the following roll call vote: O'Neil, Thomson, Edwards, Hedges, Noyes, Mayor Debay Glover None None 2. SAN JOAQUIN HIIJ S TRANSPORTATION CORRIDOR TRAFFIC COUNTS. City Manager Murphy explained that this report was generated as a result of Council's direction to staff to undertake a study of the traffic counts before and after the opening of the San Joaquin Hills Transportation Corridor. Russell Zaplac, Transportation Corridor Agency', distributed copies of the weekday average daily traffic (ADT) summary, a centralized set of numbers which concentrates on the roads in the City. He explained that the TCA sponsored a study to determine how the opening of the San Joaquin toll road would impact traffic within the area. Generally speaking, he said the TCA believes the corridor is very successful. The corridor has taken 50,000 trips per day off the local arterials (PCH and 405); there have been massive improvements on Laguna Canyon Road; PCH south of Newport Coast Drive has dropped 16 %; and there have been drops of more than 1,000 vehicles per day in the areas denoted by green on the chart. Traffic on Newport Coast Drive has dropped, however the traffic on some of the primary arterials (San • Joaquin Hills Road, San Miguel Drive, Marguerite and a portion of Newport Coast Drive closer to the corridor) has basically remained unchanged. There has been a slight increase (1500 -2000 cars per day) on San Miguel near Volume 51 - Page 89 n0 1 v SJHTC Traffic Counts (85) City of Newport Beach City Council Minutes February 10, 1997 1 Bonita Canyon or Newport Road, however the increase is relatively small considering the capacity of the street. He noted that presently those streets are running at 30% capacity, so it is not a noticeable increase. Traffic rates on the corridor are growing at a rate of about; 6 -8% per month and it is expected that this will help to reduce traffic and congestion on the local arterials. He explained that because of the amount of fluctuation in the counts, the closest that can be measured on the primary arterials is about 1000 cars per day. Public Works Director Webb explained that staff is working with County staff to develop some signage that will meet the City's sign standards and will put the message forth that there is an alternate free route. Mr. Zaplac confirmed that in the area between Newport Coast Drive and MacArthur the traffic dropped approximately 10% on PCH and the traffic counts have dropped at least 10% from PCH all the way to Laguna. He explained that TCA does not intend to continue to monitor the traffic counts as a routine matter, however if they see problems begin to develop they will come back and review the situation, and will continue to work with the member agencies. Mr. Webb explained that staff conducts traffic counts on most of the arterials every other year and are aware of the areas that the citizens are most concerned about. • Council Member O'Neil voiced some concern about the accuracy of the counts since there are a number of events occurring in the areas that may impact the counts. He said it would be in the City's best interest to review this on a quarterly basis so that in a year the City will have a better idea of what the diversion of traffic from the corridor really means to the City, in particular to Corona del Mar. In response to concerns raised by Council Member Thomson, Mr. Zaplac indicated that the prediction was that the traffic counts on Coast Highway would be reduced by about 10,000 vehicles per day and in some areas the reduction is up to 6,000 vehicles per day. Council Member Hedges questioned when, if ever, will the reductions of 16,000 vehicles per day be achieved as was represented to the City. He also voiced concerns with the possible impact on dem :nd as the fees are doubled over the next few years as proposed. Mr. Zaplac indicated that he is uncertain whether those reductions will ever be achieved, however he explained that since the corridor is still new, people are still trying to get transponders and growth in usage in increasing on an ongoing basis. CLOSED SESSION - 6:07 P.M. • CLOSED SESSION REPORT PRESENTED - None Volume 51 - Page 90 CJ City of Newport Beach City Council Minutes February 10, 1997 ROLL CALL I 1 / Present: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Absent: None Pledge of Allegiance - Council Member Thomson. Invocation by Pastor Dave Lehmberg, Christ Church By the Sea. Presentation of Proclamation to the 1996.97 Sister City of Okazaki Essay Contest Guests. Presentation - Employee of the Year - Mr. Jim Sinasek, Code Enforcement Supervisor. Waived reading of the Minutes of the Adjourned Regular Study Session Meeting of January 20, 1997 and the Minutes of the Regular Meeting of January 27, 1997, approve as written and order filed. 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 Waived reading of Ordinances and Resolutions under consideration, and directed 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 MATTERS WHICH COUNCIL MEMBERS WOULD LD{E PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON- Council Member Thomson requested a report listing all the consultants that the City is hiring, has contracted to hire in the future, and has obligations to, including dollar amounts and hours that they intend to spend on City business. • Mayor Pro Tern Edwards requested that Public Works Director Webb respond and bring back a report to Council on correspondence received from residents in Eastbluff in regard to the turn on Bison as it enters Jamboree • from Eastbluff. Volume 51 - Page 91 City of Newport Beach City Council Minutes February 10, 1997 INDEX • Mayor Pro Tern Edwards requested that at a minimum of every two months an update be placed on the consent calendar on the status of the back bay dredging issue. Council Member Hedges requested that staff bring to Council for action the plan for the implementation of Megan's law. He said he would like to have the City have its own program so people in tlxe City can get information locally. • Council Member Hedges said he would like to have the Council Legislative Committee consider a change to the appointment policy which would incorporate a legal conflict of interest clause, as well as an ex parte communication clause. It would read, "It shall be the policy of the City Council of the City of Newport Beach to not tolerate legal conflicts of interest with respect to award of contracts, appointment of personnel, or any decisions by its appointees to Charter established boards or commissions. Furthermore, the City Council finds that ex parte communications by appointed board or commission members have an adverse effect on the integrity of the decision making and review process made by those members. Also as a matter of Council policy, the City Council will not appoint, nor allow to remain appointed, any individual violating the City's Conflict of Interest or ex parte communication policy." He said he sees this as a policy that is binding on the City Council and a statement by the City Council of its • attitude toward those things. • Council Member Hedges said he would like the City Council to adopt as a matter of policy or perhaps ordinance, if appropriate, a prohibition on consulting or contracting with the City by any former employee or appointee to Charter boards or commissions for a period of time to be established by the City Council. He said a period of approximately five years to avoid any conflicts due to procedure or otherwise, may be appropriate. Council Member Glover said she would like to know what the Council policy is, or if there is one, that concerns Council meeting day. If there isn't a policy now, she requested that the Legislative Committee, if they are the proper committee, pursue a policy that the department heads and City Manager should be in City Hall on City Council day so that the public and the City Council can communicate with them. Council Member Noyes thanked the City staff who attended the Town Hall meeting on Balboa Island held on Sunday, February 9, 1997. He said that there were about 150 people in attendance. He thanked Kevin Murphy, Dave Niederhaus, Don Webb, Patty Temple, Mike Sinacori, John Desmond, as well as Capt. Axel Zanelli for offering a tour of the Fire Department. He reminded the TV viewing audience that the Council meetings are on the 2nd and 4th Mondays, so if they are watching the meetings on TV at other times they may be watching re -runs. He encouraged residents to attend the • Council meetings. Volume 51 - Page 92 City of Newport Beach City Council Minutes February 10, 1997 • . Mayor Debay asked for an informal report on the re- setting of the poles in the area of the beach replenishment project. Council Member Thomson reported that as a guest of the Orange County Water District he toured Plant 21, as well as the Oroville Dam outside of Sacramento. He reiterated the importance of the Groundwater Project. CONSENT CALENDAR ORDINANCE FOR INTRODUCTION 3. Removed from Consent Calendar. ORDINANCE FOR ADOPTION 4. ADOPT ORDINANCE NO. 97 -6 AMENDING SECTION 12.32.020 OF THE N13MC TO ADD SANTIAGO DRIVE BETWEEN IRVINE AND TUSTIN AVENUES TO THE LIST OF STREETS WITH A THREE TON WEIGHT LIMIT. RESOLUTIONS FOR ADOPTION 5. ADOPT RESOLUTION NO. 97.13 APPROVING A RESOLUTION OF • INTENTION AND SCHEDULE PUBLIC HEARING FOR MARCH 10, 1997 FOR THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT ANNUAL RENEWAL FOR 1997 -1998 FISCAL YEAR; AND APPROVE THE BALBOA VILLAGE BUSINESS IMPROVEMENT DISTRICT ANNUAL REPORT. 6. ADOPT RESOLUTION NO. 97 -14 DECLARING THE CITY'S INTENTION TO VACATE AN EASEMENT FOR SEWER PURPOSES AND AN EASEMENT FOR STORM DRAIN PURPOSES IN CLIFFHAVEN ALONG ST. JAMES ROAD; ACCEPTING A MAP SHOWING THE EASEMENTS TO BE VACATED; AND SETTING MARCH 10, 1997 AS THE DATE FOR THE PUBLIC HEARING CONCERNING THE INTENDED VACATIONS. Removed from Consent Calendar. CONTRACTS AND AGREEMENTS S. LIBRARY JANITORIAL CONTRACT. Authorize the Community Services Department to enter into a one year contract with Advance Building Maintenance at $43,260 per annum for janitorial service for the central library and the three branch libraries. The contract would be renewable for two additional one year terms, subject to satisfactory performance and price. • 9. Removed from Consent Calendar. Volume 51 - Page 93 110 1 ` Ord 97 -6 Veh/Traffic (85) Balboa Village BID (27) Vacation (90) Library Janitorial Maintenance/ Advance Bldg C -3132 (38) City of Newport Beach City Council Minutes February 10, 1997 INDEX • 10. NEWPORT BOULEVARD AND PACIFIC COAST HIGHWAY Npt BI & PCF. "ARCHES" INTERCHANGE IMPROVEMENT, CONTRACT NO. 2886; Arches Inter - APPROVE AMENDMENT NO. 3 WITH MOFFATT & NICHOL, change APPROVE THE COOPERATIVE AND REIMBURSEMENT C -2886 (38) AGREEMENT WITH COUNTY SANITATION DISTRICT NO. 5, AND BA -026 (40) BUDGET AMENDMENT (BA -026). Approve a $178,400 amendment to the Consultant Agreement with Moffatt & Nichol Engineers and authorize the Mayor and the City Clerk to execute the amendment; approve a Cooperation and Reimbursement Agreement with the County Sanitation District No. 5 of Orange County and authorize the Mayor and the City Clerk to execute the agreement; and approve a budget amendment (BA -026) to provide for a $172,100 contribution from the County Sanitation District No. 5 of Orange County. 11. Removed from Consent Calendar. 12. Removed from Consent Calendar. 13. COMPLETION AND ACCEPTANCE OF 15TH STREET Old Npt Blvd - REHABILITATION, STORM DRAIN AND WATER MAIN Irvine Ave/ CONSTRUCTION FROM OLD NEWPORT BOULEVARD TO IRVINE 15th St AVENUE, CONTRACT NO. 2661. Accept the work; authorize the City Rehab Clerk to file a Notice of Completion; authorize the City Clerk to release the C -2661 (38) bonds 35 days after the Notice of Completion has been recorded in accordance with applicable portions of the Civil Code. • 14. Removed from Consent Calendar. MISCELLANEOUS ACTIONS 15. PLANNING COMMISSION AGENDA FOR FEBRUARY 6, 1997. Planning (68) 16. METHANE GAS REMEDIATION. Approve a Budget Amendment (BA- Methane Gas 030) to appropriate $22,000 from the General Fund Stabilization Reserves to Remed/Caltrans & Account Number 7231- C5400304 Gas Remediation Program. Hoag C -3099 (38) BA -030 (40) 17. STREET LIGHT STANDARDS AND COST ANALYSIS - FIBERGLASS I Utilities (89) VS. CONCRETE (request of Council Member Glover). Review information and support the continued use of fiberglass poles. 18. WASHINGTON STREET REFUSE BIN. Direct staff to continue GS/Refuse managing the Washington Street Refuse Bin provided the Balboa merchants (44) that use the bin vote through a ballot election and noticed public hearing process to assume the costs of the operation of the bin. S24. Removed from Consent Calendar. • MOVED AFFIRMATIVE ACTION OF THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (3, 7, 9, 11, 12, 14 and S24). The motion carried by the following roll call vote: Volume 51 - Page 94 • City of Newport Beach City Council Minutes February 10, 1997 Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None ITEMS REMOVED FROM THE CONSENT CALENDAR. 3. INTRODUCE ORDINANCE NO. 97- 11 REDUCING THE SPEED Ord 97 -11 LIMIT ON SAN JOAQUIN HILLS ROAD AND MARGUERITE Veh & Trfc AVENUE BY 5 MPH. (85) City Manager Murphy reported that several meetings ago discussions were held related to speed limits. The discussions were initiated by the review of speed limits on some of the major streets followed by discussions about the speed limits on the collector streets within some of the residential areas. During the review process a request was received from members of several associations (Harbor View Hills South Homeowners Association, the Community Associations Alliance, and the Spyglass Hill Community Association) asking for reconsideration of the speed limit changes on San Joaquin Hills Road and Marguerite. The matter was referred to the Traffic Affairs Committee and the committee determined that the speed limit recommendations should remain as originally recommended. That action • was appealed to the City Council and was therefore reviewed by the Public Works Committee in compliance with Council policy. The action taken by the Public Works Committee resulted in changing the recommendation of the Traffic Affairs Committee and the introduction of an ordinance to reduce the speed limit. Mr. Webb explained that prior to the meeting with members of the Community Association Alliance, staff at the direction of the committee, did additional studies to review speed limits on San Joaquin Hills Road and Marguerite Avenue. Based on those studies, a recommendation was made by staff that the speed limits on both San Joaquin and Marguerite could be lowered by 5 mph. The speed limit on San Joaquin prior to April of 1996 was 50 mph and had been at that limit since 1968. The studies indicated that that the speed limit could be decreased to 50 mph because it is a transitional zone between a 55 and 45 mph zone. On Marguerite, studies were conducted at two locations and it was determined that the speed limit could be adjusted to 40 mph, or 5 mph less. In addition to lowering the speed limits there were several other items that were discussed and agreed on. On Marguerite in the vicinity of the Oasis additional senior citizen signs indicating that the speed limit adjacent to the Oasis is 25 mph will be installed. An advance sign indicating `25 mph zone ahead" will also be installed. In the vicinity of the Harbor Day School on San Joaquin Hills Road the striping will be repainted so that it is more visible to motorists. Council Member Thomson spoke in support of the reductions to the speed • limits. He suggested that the ordinance be modified to add the area from Harbor View Drive south to 5th Avenue to Section 12.24.085, Prima Facie Speed Limit — Twenty Five Miles Per Hour. Volume 51 - Page 95 City of Newport Beach City Council Minutes February 10, 1997 Motion by Council Member Thomson to introduce Ordinance No. 97 -11 reducing the speed limit on San Joaquin Hills Road and Marguerite Avenue by 5 mph. Due to the uncertainty about whether the area referred to by Council Member Thomson can be established as a prima facie speed limit, staff was directed to report back on this at the next meeting. 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 7. ADOPT RESOLUTION NO. 97 -_ AUTHORIZING THE FINANCING OF A FIRE ENGINE THROUGH SIGNET LEASING AND FINANCIAL CORPORATION OF BALTIMORE, MARYLAND. City Manager Murphy explained that staff has been able to secure lower financing without a fee, therefore he requested that this item be pulled from Council consideration. • 9. PACIFIC COAST HIGHWAYINEWPORT BOULEVARD INTERCHANGE "ARCHES" - CALTRANS OVERSIGHT AGREEMENT CONTRACT NO. 2886. City Manager Murphy explained that this item is an agreement between the City and Caltrans on an oversight agreement as plans are being made for the reconstruction of the "Arches" interchange over Pacific Coast Highway and Newport Boulevard. Council Member Hedges explained that he pulled this item because it references the "Arches" interchange and he wanted to advise the residents of the impact that will be felt when ground is broken on this project. Mr. Webb explained that the channel bridge will have the same clearance that it currently has and the highway bridge will be raised about 2 -3 feet. He also explained that Caltrans has dropped the requirement for the chain link fence along the bridge. He noted that the railings will be similar to what they are on the new side of the channel bridge. The solid area will be lowered by about 2 feet, so there will be a 30 inch concrete wall with a metal tube railing above it. Mayor Debay announced that advertisement of bids is anticipated in April of 1997, construction award in June of 1997, and construction to begin after the Labor Day holiday period. The total project is an 18 -month project. Motion by Council Member Hedges to approve Cooperative Agreement No. Volume 51 - Page 96 1 1 GS/Fire Engine (44) PCH & Npt Blvd Inter- change Arches /Caltrans C -2886 (38) J • E City of Newport Beach City Council Minutes February 10, 1997 12 -309 with Caltrans for oversight of construction of the Newport Boulevard and Pacific Coast Highway (SR 55/1) Interchange Bridge Structures Improvements - Contract No. 2886; and authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City. 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 11. RELINQUISHMENT OF MACARTHUR BOULEVARD AS A STATE HIGHWAY - CONTRACT NO. 2825. City Manager Murphy explained that this is an agreement with the State of California pertaining to the relinquishment of MacArthur Boulevard as a state highway and the acceptance of the highway by the City of Newport Beach as a local street. He said there is a required process for relinquishment that must be followed by the City and the State Transportation Commission. He said that one of the issues that was discussed at the Public Works Committee meeting was that the relinquishment by the State and the City's acceptance will not occur until the award of the contract on Phase II of MacArthur Blvd., at which point in time the contractor will take jurisdiction of that section of the street and have insurance in place during the course of the construction. In response to Council Member Hedges' question about whether the City has the option of accepting this road or the latest time in which it has to be approved, Mr. Webb explained that it can be postponed until after the construction is completed. He explained that when the Transportation Commission determines that a roadway is no longer needed for a state highway then a finding is made to relinquish it once it is put in the proper state of repair and then the agency that is in charge of that area is required to take it. Since the City is doing the work on the widening project for Caltrans, it was negotiated with them that those portions which would not have to be replaced as part of the widening project could be a part of what would be replaced by Caltrans for pavement repair and is worth about $600,000. They have agreed that as part of the relinquishment process they will give the City the $600,000 as soon as the road is relinquished. The state legislature, at the time the toll road was approved, decreed that Route 73 between the toll road and Coast Highway would become a conventional street and would be turned over to the local jurisdiction. In response to questions about liability, City Attorney Burnham explained that the construction performed by the contractor on the roadway is done under an-encroachment permit issued by Caltrans. It requires the City to indemnify Caltrans, therefore once construction starts the City is essentially responsible for injuries which occur as a result of construction activities. He explained that there may be a short period of time when the City will assume slightly more responsibility than would have otherwise if the Volume 51 . Page 97 1 1 / MacArthur Blvd Relin- quishment C -2825 (38) • • • City of Newport Beach City Council Minutes February 10, 1997 relinquishment is requested before the City begins construction. He said he has reviewed the accident history and doesn't believe the liability is significant. Mr. Webb explained that the process of getting the project under construction can probably be shortened by as much as 2 -3 months if Caltrans is not involved in right -of -way certification issues. It will also allow the City more flexibility with respect to landscaping, drainage and retaining wall design. Mr. Burnham explained that once the segment of the roadway is complete and built according to the plans and specifications approved by Council, the City will have design immunity, which is an additional layer of protection over and above the protection from the contractor and under the City's insurance policy. Motion by Council Member Hedges to approve Cooperative Agreement No. 12 -310 with Caltrans for the relinquishment of MacArthur Boulevard as a State Highway; and authorize the Mayor and the City Clerk to execute the Agreement on behalf of the City. The motion carried by the following roll call vote: Ayes: ONeil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 12. PROFESSIONAL SERVICES CONTRACT WITH KENNETH EMANUELS & ASSOCIATES, CONTRACT NO. 3083 FOR STATE LEGISLATIVE ADVOCACY SERVICES, NOT TO EXCEED $40,000 ANNUALLY BEGINNING MARCH 1, 1997 FOR A 12 MONTH PERIOD, AND APPROVAL OF BUDGET AMENDMENT (BA -023) IN THE AMOUNT OF $12,000 TO FUND THE CONTRACT FOR THE REMAINDER OF FY 1996 -97 (continued from January 13, 1997). City Manager Murphy gave a brief synopsis of the request to enter into a professional services contract with Kenneth Emanuels & Associates to act as the City's advocate in Sacramento. He said staff is recommending approval of the underlying contract, as well as a budget amendment in the amount of $12,000 to continue his services through the end of the fiscal year. Council Member Noyes said he pulled this item to make sure that the request for Mr. Emanuels to provide monthly written reports to Council is included in the action. Council Member Glover clarified that the issue dealing with the second sale of boats as it relates to sales tax will be included on the list of items for Mr. Emanuels to focus on. Council Member Thomson reported that he pulled this item a month ago Volume 51 - Page 98 INDEX Kenneth Emanuels/Legis Advocacy Sery C- 3083(38) BA -023 (40) • E • City of Newport Beach City Council Minutes February 10, 1997 baser on his concerns about lllrmg anotner consultant, ana even tnougn he has had an opportunity to meet with Mr. Emanuels, he still does not think the City needs to hire a lobbyist. He said if the City has problems with taxation issues, a taxation specialist should be hired, not a lobbyist. Council Member O'Neil noted that he shares some of Council Member Thomson's concerns about consultants, however one of the most important consultants the City can have is an effective lobbyist in Sacramento. He stated that unless the City has someone in that position who is well regarded and has access to the legislators, the City does not have the same advantage as other cities. Motion by Council Member O'Neil to approve the professional services contract with Kenneth Emanuels & Associates for State Legislative Advocacy services, not to exceed $40,000 annually beginning March 1, 1997 for a 12 month period, and approval of budget amendment (BA -023) in the amount of $12,000 to fund the contract for the remainder of FY 1996 -97. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: Hedges Absent: None Abstain: None 14. EASEMENT AGREEMENT. City Attorney Burnham explained that this agreement relates to a 3/4 acre parcel north of the Newporter Resort that has been used as a portion of the golf course for many years and was assumed to be part of the Newporter Resort property. Recently ZG Properties and The Irvine Company (TIC) determined that the parcel was owned by TIC. ZG and TIC have entered into an agreement that would allow the parcel to continue to be used as a golf course, or a portion of a golf course. They are asking for City Council review, acknowledgment and approval of the agreement because TIC is required to dedicate the property known as John Wayne Gulch, which includes this particular parcel, to the City pursuant to the Circulation and Improvement and Open Space Agreement (CIOSA). Council Member Hedges pointed out that this :issue relates to a 3/4 acre parcel of land that is subject to a private agreement between TIC, the landowner and ZG Properties or Hyatt Newporter, who has taken over the use of the property over the last several years and turned it into a golf course or putting course. He explained that the property is subject to CIOSA and is supposed to be dedicated to the City of Newport Beach when permits are pulled. During the performance of the legal work, it was discovered that the property didn't belong to them and TIC recognized that the property was supposed to go to the City of Newport Beach. He pointed out that all of this is being done without any direct financial benefit to the City or compensation for the property. He indicated that there are a lot of unanswered questions and the issue also was not referred to Council committee pursuant to Council Volume 51 - Page 99 IlVDEX John Wayne Gulch Easement Agreement C -3133 (38) City of Newport Beach City Council Minutes February 10, 1997 1 1 • policy for review of the public policy aspects of what the to approve. Motion by Council Member Hedges to refer this item to the Council Legislative Committee for review and recommendations to Council. Mr. King, representative for the Hyatt Newporter, explained that the property has been used by Hyatt as a part of the golf course and a landscape buffer between the wild vegetation that grows in John Wayne Gulch and the structures along this particular area. He said it wasn't until the Hyatt came to the City with a proposal to build out the already entitled units of the Hyatt Newporter Hotel that the legal description revealed the fact that the golf course was lying on a portion of this property. At that point they were referred to TIC by the City to discuss the ramifications of this particular situation and to negotiate an agreement which would enable them to utilize the property, not for building but as part of a continuation of open space, although it would remain as part of the golf course. After negotiations, an agreement was reached whereby they would have an easement right to the property for continuation of the golf course use and to serve as a buffer between the native vegetation of John Wayne Gulch and the structures that are intended to be built. The upside in their view is that they will finally be able to build out the rest of the hotel structure and it will generate a substantial amount of transient occupancy tax and begin generating revenues which would never come from this property if it were returned to • the native vegetation. He noted that the property has been developed with an irrigation system. He indicated that it is true that the City will not receive any revenue from the property, however they will receive revenue from the development of the 81 units. He explained that they have been trying to get the approval of the easement for quite a number of months in order to finalize their design plan and bring it to the City for approval. He said that as far as financing they have no real time constraints; however, they have some performance agreements with the partnerships to move forward and they would like to exercise them. Mr. Burnham explained that before this project can go anywhere the Planning Commission and the City Council would have to approve a development agreement, and to his knowledge his office has not been asked to prepare a development agreement, nor has he seen final plans or designs for the structures. He stated that the parties are free to go ahead on their own and adopt this agreement without City Council approval or acknowledgment. He reiterated that the City did not assume that this portion of John Wayne Gulch was going to be dedicated because it was assumed that it was part of the Newporter Resort. If the City fails to acknowledge and agree to this particular grant of easement and it causes the parties not to agree and it has some impact on the project, then the City will be in a position to accept the dedication from TIC and deal with Hyatt directly. Mr. Burnham pointed out that there isn't a legal necessity for the City to approve the agreement, however TIC and ZG Properties wanted the • City to approve the agreement in advance of actually accepting the property. He said they realized that TIC was going to dedicate this property to the City in the very near future and rather than engaging in an agreement Volume 51 - Page 100 City of Newport Beach City Council Minutes February 10, 1997 • affecting a portion of the property that was to be dedicated to the City without bringing this issue to the staff and City Council, they felt it was better to be open and bring it to the Council. The motion carried by the following roll call vote: Ayes: Hedges, Glover Noes: O Neil, Thomson, Edwards, Glover, Noyes Absent: None Abstain: None Motion by Council Member O Neil to authorize the City Manager to execute the Acknowledgment of Easement Agreement between The Irvine Company and ZG Properties regarding a portion of John Wayne Gulch. Council Member Hedges reiterated that the public policy aspects of this decision are that the City is going to take ownership of a parcel of property which, if approved, will accrue to the sole benefit of the Hyatt Newporter with no direct compensation or benefit to the City of Newport Beach other than the construction of a timeshare property which is not even in the development agreement phase. He said there is no reason at this point to rush to a decision without a complete understanding of all of the public policy aspects regarding this decision and said it is irrelevant whether or not anyone thought the City would get the property. He said the City will now • get the property, however it will have a golf course on it which will be for the sole use and a money making project for the Hyatt Newporter. He said he believes this needs more analysis and discussion before it is approved. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: Hedges Absent: None Abstain: None S24. ADOPT RESOLUTION NO. 97 -16 DESIGNATING GRC ASSOCIATES AS AN AUTHORIZED CITY REPRESENTATIVE TO EXAMINE SALES AND USE TAX RECORDS IN CONNECTION WITH THE AIRPORT AREA MAREET AND ECONOMIC FEASIBILITY STUDY. Assistant City Manager Wood explained that the California Revenue and Taxation Code requires that access to sales and use tax records be restricted to authorized City officers, employees and designees to protect the confidentiality of businesses. The adoption of the proposed resolution would authorize the City's consultant to review the records and ensure that the confidentiality of records is maintained. She explained that this is a one time project -and the contract with GRC specifies the payment to the consultant. • Motion by Council Member Thomson to adopt Resolution No. 97 -16 designating GRC Associates as an authorized City representative to examine Volume 51 - Page 101 Q 1 GRC Assoc Airport Area Mkt and Feas Study Res 97 -16 C -3088 (38) City of Newport Beach City Council Minutes February 10, 1997 • sales and use tax records 11 Economic Feasibility Study. 1 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 Mayor Pro Tern Edwards announced that the City would again be hosting the Toshiba Senior Golf Tournament on March 10 -16, 1997. He also announced that the Palisades Tennis Club has attained the rights to the Davis Cup. Gary Deperine explained that over the weekend he unintentionally took a beating for the City while attempting to videotape the late night activities of the bars in the Cannery area after police patrols, etc. dropped off in the area. • Bud Quist, Director of Orange County Water District (OCWD), complimented Council Member Thomson for taking the tour of their facilities in Fountain Valley and in the Bay Delta. He explained that one- half of the water that the City receives is from this area in northern California and the other half is from the Colorado River. In reference to the Intertie he reported that construction bids were opened by the Irvine Ranch Water District (IRWD), $2.2 million was budgeted, and the bids came in at $1.7 million. OCWD originally budgeted $4.2 million, the engineer's estimate was $5.2, and the contract finally came in at $4.1 million. He said that everything is on schedule and they should meet the contract deadline of October 1, 1997. He also congratulated the City for going ahead with the Green Acres program and explained that there is a study underway (the Coastal Groundwater Management Program) to try to pick up the other 5% in order to get 75% of the water out of the basin. He clarified that the OCWD manages the basin and Fountain Valley has the surface rights. It was announced that anyone interested in seeing the Colorado portion of the water supply can contact the Metropolitan Water District at 963 -3058 regarding the trip scheduled for March 7 -9, 1997. • Martha Durkee stated that the impact on her neighbors and her property from the beautification improvements on Balboa Boulevard would impact her and others' livelihoods. She voiced concerns with the elimination of convenient parking and the plan to eliminate competition. She asked that Council not spend any more time or money on things that will hurt the • public. PUBLIC EWARINGS Volume 51 - Page 102 • • • City of Newport Beach City Council Minutes February 10, 1997 11 01) 19. PUBLIC HEARING TO CONSIDER THE ZONING CODE UPDATE. Ord 97 -9 Ord 97 -10 Council Member Noyes said he has received numerous calls from citizens, GPA 96 -1(D) therefore suggested that in order to have time to explain or answer the Zoning Code questions without wasting Council's time, that Council Members Thomson Update and Glover join with him and two members of the Planning Commission, (45 & 94) members of staff to conduct a public study session. He said he would like to continue the adoption of the ordinance until either March 10 or 24, 1997. Motion by Council Member Noyes to direct Council Members Thomson, Glover and Noyes, two Planning Commissioners and members of staff to schedule and hold a public study session with interested members of the public and to continue the public hearing and the adoption of Ordinance Nos. 97 -9 and 97 -10 until March 10, 1997. Council Member Thomson said that he has also received a number of questions regarding issues dealing with at -home businesses, bed and breakfasts, and signs. Assistant City Manager Wood explained the steps that have been undertaken during this process. She pointed out that the delay of the adoption of the ordinances would impact about twelve small businesses that are waiting to take advantage of the provisions in the new code and the existing code does not make provisions for what they want to do. Mayor Debay opened the public hearing. Doug Hocked pointed out that this is a very complex subject that people don't relate to very well. He stated that when public notices are made in accordance with procedure, people don't pay attention to them. He suggested that when notices are made to the public that they be done so using fewer legal terms, and instead be done in a way so the exact effect on their property can be understood. Council Member Noyes voiced concerns about the Council relinquishing some of their policy setting rights and giving staff discretion to set 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 20. PUBLIC HEARING TO CONSIDER THE ADOPTION OF A Fees for Spec RESOLUTION ESTABLISHING A SCHEDULE OF FEES TO BE Services/Budget CHARGED FOR SPECIFIC SERVICES. (40) Ord 97 -7 Administrative Services Director Danner explained that the purpose of this Ord 97 -8 Volume 51 - Page 103 • u City of Newport Beach City Council Minutes February 10, 1997 item is to give second reading to Ordinance 97 -7, which amends portions of municipal code chapters pertaining to fees for services; second reading to Ordinance 97 -8, which establishes cost recovery percentages for discretionary municipal services; and to adopt a resolution which sets the actual fee levels. He said the proposed resolution sets actual fee levels for discretionary charges for services. It includes Exhibit A, the fee schedule for indicated services; Attachments 1 -4, individual department fees; and an Appendix indicating each department's overhead factor to be applied to the fees as indicated on Exhibit A. By separate action, the new ordinance establishing percentages of cost to be recovered from direct fees for various services, is being adopted. The resolution converts these percentages into actual dollar fee amounts or specific formulas which will function for the day -to -day administration of the applicable programs. The resolution deals with fees for contract recreation classes by authorizing the Community Services Director to negotiate participant charges, as well as the City split of gross revenues with the instructor, all within certain parameters and consistent with the cost recovery percentages of the ordinance. The resolution establishes a standard policy unless otherwise specifically excepted for late charges and interest. The resolution will become the City's master reference point for service fees including those fees not specifically covered by the KPMG Cost of Services Study. He clarified two items on Exhibit A: 1) Item 100 (pg. 5) should read "hourly salary plus benefits plus travel costs;" and 2) Item 143 (pg. 7) should read, "5¢ per page, plus $1.50 for 5 minutes of service," to be consistent with the Public Records Act. He stated that staffs recommendation is to give second reading to Ordinance Nos. 97 -7 and 97 -8 and adopt a resolution all pertaining to charges for providing certain municipal services. Following discussion about how the Council arrived at establishing the dog license and bicycle license fees, Council Member Hedges requested: 1) a review of the ordinance requiring licensing of bicycles; 2) information on how dog licenses are administered and how the City assures that all the dogs in the City are licensed and if trying to defray the cost of animal control, maybe other animals in the City should be licensed because they create a burden for animal control; and 3) estimates of how many dogs there are in the City and how many dogs are actually licensed. Motion by Council Member Glover to adopt Ordinance No. 97 -7 amending portions of Chapter 5.50, 12.56, 15.02, 15.04, 15.05, 15.06, 15.08, 15.09, 15.10, 15.16, 15.37, and 19.12 pertaining to fees for services; Ordinance No. 97 -8 establishing the cost recovery percentages for discretionary municipal services; and Resolution No. 97 -15, as amended, establishing a schedule of fees to be charged for specific services. City Manager Murphy distributed a handout entitled, "Attachment 1 - Building Department," which is an attachment to Exhibit A of the staff report. He reported that subsequent to the last meeting he had a discussion with Mr. Bettencourt of the Building Industry Association and one of the issues that they were concerned about is that the resolution does not reflect the City's past practice related to plan check fees for large subdivisions. He explained that in the past the City charged only the full plan check fee for the model homes and 25% of the fee for the "cookie- cutter" components. He Volume 51 - Page 104 INDEX Res 97 -15 City of Newport Beach City Council Minutes February 10, 1997 INDEX • recommended that language be added to the resolution which would continue this past practice, Building Director Schuller reviewed the procedure utilized in the past and explained that staff still reviews the individual plans for each home, however there is a 75% reduction in staff time for review of the plans for the "cookie - cutter" homes. After discussions about the urgency to make this modification, it was concluded that staff should bring this issue back at a future date. Mayor Debay opened the public hearing. Barry Rubin, Newport -Costa Mesa Family YMCA, voiced concerns about the proposed increase in the massage license fees and the inclusion of attorney fees and court costs as the basis for the increase. He asked that the legitimate massage technicians be treated as business professionals and that they not be charged for the prosecution of prostitutes. Philip Bettencourt, representing the Building Industry Association, spoke in support of full cost recovery when appropriate and the `volume discount" fee for plan check fees on large subdivisions. He spoke in support of the adoption of the ordinances and resolution with a caveat that the `volume discount" be reviewed and included as part of the fee resolution. • Carol Hoffman, The Irvine Company, spoke in favor of the proposed action even though their company and the builders in Newport Beach will bear the largest burden of the building /planning /engineering fee increases being considered. As a corporate citizen of Newport Beach, she said they are increasingly concerned about the fiscal dilemma that the City faces and that it not result in a diminished quality of essential public services that make the community special. Sarah Van Hoey, 11 St. Vincent, Laguna Niguel, spoke in opposition to the proposed massage license fees and noted that the most difficult obstacle they have to face deals with licensing. She said the problem the City is trying to address is vice, which cannot be squeezed out by increased license fees, since most of the problem massage therapists probably don't operate with licenses anyway. Beverly Tazelaar, 120 -A Lisa Lane, Costa Mesa, spoke in opposition to the increased fees and reviewed the fees currently being charged in neighboring cities as well as in Los Angeles County, pointing out that Newport Beach's fees far exceed all others. Nancy Chubb, President of California Federation of Massage, questioned whether the City wants to encourage legitimate businesses and noted that the continued increase in fees will only drive away the legitimate practitioners. City Manager Murphy explained that included in the costs for the fee Volume 51 - Page 105 • City of Newport Beach City Council Minutes February 10, 1997 formula established by the KPMG study ($741), are a portion of the time for Dan Ohl, Deputy City Attorney; time for Gail Lowry, Police Department, for costs associated with regulating the program; costs of a hearing officer for various hearings as appeals are filed either during the licensing or revocation process; and time for police officers to attend the hearings. The fee does not include any field enforcement activities for the Police Department. He said there are fewer establishments today, therefore in the future the costs will likely go down. City Attorney Burnham explained that he has some ideas of ways to change the ordinance so the costs will be borne by the individuals who generate the costs and there may be ways to more properly distribute the costs. Mr. Black voiced concerns with the use permit fees for massage license businesses and requested that Council pull this item for reconsideration as well. Mr. Burnham indicated that the processing of use permits is an entirely different process, therefore he cannot offer any relief on that issue. Dr. M. K. Hungerford spoke in opposition to the increased fees and noted that the fee would be appropriate if it were connected with the testing process and charged only every three years. She said she feels like the City is discriminating against new massage students. Mayor Debay closed the public hearing. 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 Staff was directed to come back to Council with recommended changes regarding fees for plan checks for subdivisions and massage license fees. 21. USE PERMIT NO. 3595 - CITY COUNCIL REVIEW OF WORLD OIL MARKETING (JOHN HUNDLEY, APPLICANT) ON PROPERTY LOCATED AT 3401 NEWPORT BOULEVARD FOR ALTERATIONS TO AN EXISTING NON - CONFORMING AUTOMOBILE SERVICE STATION INCLUDING THE REPLACEMENT OF THE CANOPY, FUEL DISPENSERS, UNDERGROUND STORAGE TANKS AND FACILITY SIGN, WHICH WAS APPROVED BY THE PLANNING COMMISSION ON DECEMBER 19, 1996 SUBJECT TO AMENDED CONDITIONS OF APPROVAL. Assistant City Manager Wood explained that this item was called up in order for the Council to review primarily the sign issues. She stated that the applicant proposed replacing the existing 18 foot high pole sign with a 25 Volume 51 - Page 106 II►I� Use Permit 3595 World Oil Marketing (88) City of Newport Beach City Council Minutes February 10, 1997 1 1 . • foot pole sign. Staff recommended a monument sign 5 feet tall and the Planning Commission approved the application with a condition that the existing 18 foot sign be replaced with an 18 foot high sign. She said that staff thought it was important to look at some sign options because the site is in a neighborhood with a mixture of commercial and residential uses and a service station is a use that can have a detrimental effect, including visual impacts on the surrounding properties. In order to approve the use permit one of the findings that must be made is that there will not be any detrimental impacts. Consideration was also given to the fact that the BPPAC study was nearly complete and one of their recommendations was to improve signage in the area. In addition to those reasons, staff reviewed the site from both directions on Newport Boulevard and determined that a high sign was not needed for the business because the business is drawn more from Newport Blvd. and not from Coast Highway, therefore the height of the sign would not be that much of a factor. In addition, the Planning Commission's approval included some relief on other sign regulations by allowing an increased canopy sign illumination area and an increased logo sign area to help the business identify itself. Subsequent to this being called up for review, the Public Works Department had more time to review this issue and it appears that a monument sign as originally recommended will not work because of some site distance concerns. The Public Works Department is therefore advising that the area between 3 feet and 7 feet above grade be left clear, therefore the sign face should not start any lower than 7 feet. If that is added to the applicant's proposed sign, then the overall • sign height would be 17 -U2 feet. Motion by Council Member Glover to sustain the decision of the Planning Commission approving Use Permit No. 3595 with Condition No. 10 modified to state that the pole sign shall not exceed 13.5 feet. In response to Council Member Hedges' question about what supporting factors the Planning Commission used to determine that the use would not have a detrimental effect on the neighboring properties, Ms. Wood said that the fact that it is an existing use and this is a remodel, including the environmental re- mediation, influenced the Planning Commission. She said there were some neighbors who spoke at the hearing with concerns about noise from the water /tire areas, fluids from overflowing radiators, and the availability of the rest rooms to the general public, and the Planning Commission's approval included some additional conditions to address those issues. She said that the fact that this is an existing use was a factor, but was not the only factor considered, since the Planning Commission considered some other very specific issues and conditions of approval. Mayor Debay opened the public hearing. Greg Michael, Vice President of Marketing for World Oil, reported that there are currently three islands with four pumps on each island and two nozzles per pump. The proposal is to reduce it to two islands with four multi- . product dispensers with one nozzle on each side or a total of eight nozzles. He indicated that they can meet the requirement for a 13 -1/2 foot sign, however asked for the option of using the top/bottom layout rather than side Volume 51 - Page 107 City of Newport Beach City Council Minutes February 10, 1997 • by side. Mrs. Wood indicated that the layout doesn't matter. Douglas Smith, 506 Clubhouse, stated that he doesn't have a problem with the sign and the size of it, however he voiced concerns about the operating hours and requested that they be left as currently established. It was clarified that the hours will remain the same. He also expressed uncertainty about whether the issue dealing with the separation wall between the alley and the gas station was resolved. He said he believes state law requires a six foot wall and questioned why it isn't even half the length of the alley from Finley to the service station's property line. Mrs. Wood explained that the requirement is pursuant to the City's zoning code and it would be required if a new service station were built at the site. It was determined that at this site it probably would not serve anyone well, so the final decision was to extend it as far as possible with the final decision left to staff. Tom Herron, 504 Clubhouse Avenue, spoke in support of the separation wall and indicated that the neighborhood wants it and the idea is to keep the business of the gas station on the gas station property. Planning Director Temple explained that when the Commission discussed this they noted that there were two parcels involved in the subject property and therefore structured the condition to require a wall on the lot which supports the building of the gasoline service station to the greatest extent feasible. She said the discussion at the Planning Commission meeting • focused on looking at the lot where the building sits and extending the wall on that particular lot. She estimated that the proposed wall is approximately 15 feet long. She said the City Traffic Engineer reviewed this and determined that in order to construct a conforming fence along that area it would have to be set back 10 feet and, if so constructed, it would preclude adequate on -site circulation. Additionally, the Traffic Engineer felt that an extension beyond this point probably wouldn't work given the nature of the alley and the type of traffic which utilizes it. City Attorney Burnham explained that since this service station is being remodeled, compliance with development standards for a new station would be required, but only to the extent possible taking into consideration the size of the property, location of the existing structure and other constraints. He pointed out that there was an extensive discussion at the Planning Commission hearing about why an extension tinder these circumstances beyond the point shown in the diagram would be unfeasible given all of the other constraints of the site. He noted that another condition imposed by the Planning Commission is the requirement that the wall extension protect the privacy of adjoining residents to the greatest extent feasible as determined by the Planning and Public Works Department. Ms. Temple explained that there are a number of development standards which apply to newly established automobile service stations and the remodeling or rebuilding of existing stations. The location satisfies the . requirement to be on a major arterial highway, however the current site is not large enough to accommodate the requirements for off - street parking, setbacks, curb cuts, walls, landscaping and storage. The current parking Volume 51 - Page 108 • City of Newport Beach City Council Minutes February 10, 1997 11 1 ' requirement for gasoline service stations is five parking spaces for each service bay and establishments which do not include service bays are required to provide a minimum of four spaces. In staffs analysis of this particular issue, it was recognized that the newer automated gasoline service stations rarely have more than one employee on site at any one time and felt that one parking space would be sufficient for employees since there are no service bays on this site. The code requires that all buildings set back from interior property lines a minimum of 18 feet and a minimum of 30 feet from exterior property lines. Pump islands may be located within a minimum of 20 feet from all exterior property lines and pump island canopies may project to within 5 feet of exterior property lines. She noted that 20 and 30 foot setbacks can not be complied with while still maintaining a gasoline service station on site. As part of the analysis, one of the things that staff went to a great deal of effort to do was to bring the station into greater conformity at every possible point. She said the Planning Commission added a number of conditions specifically in response to persons testifying at the hearings to deal with on -site drainage and the retention of fluids on -site so they don't go into the alley or storm drains and create adverse impacts in that area. Substitute motion by Council Member Glover to continue this hearing to March 10, 1997. Tracy Letzring, Tate and Associates, representing World Oil, reviewed the • history of this item. He explained that they have a re- mediation system in place to resolve underground fuel issues and the plans are to replace and fix the tanks, as well as the piping, and put in new dispensers and as a compromise reduce the amount of dispensers. He said his direction from World Oil was to replace the tanks and do as much as possible to enhance the image of the site. In addition to the replacement of the tanks, the design contains all on -site drainage and incorporates the latest in technology to be environmentally safe. He said the number of dispensers will be reduced, the islands will be relocated, a trash enclosure will be built, the parking will be developed and the wall extended as required by the Planning Commission. He explained that to mitigate the impact on the neighbors they have addressed the flow of fluids off the site, modified the building to open the restrooms to customers, and made design changes to help the circulation. Greg Michael indicated that they will do whatever they can to stay in business, however some things, such as the extension of the wall any further, will force them out of business. He reiterated the measures they have already taken on -site to mitigate the impact to the neighbors. The substitute motion failed by the following roll call vote: Ayes: Hedges Noes: O Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Absent: None Abstain: None • Council Member Hedges amended the motion to add a sentence to Condition 10 stating that if the sign code is revised such that the on -site signage Volume 51 - Page 109 • • City of Newport Beach City Council Minutes February 10, 1997 becomes non - conforming then the sign will be brought into conformance with the new code; and also that to the extent feasible, on -site landscaping be increased to the maximum that the site can reasonably handle in the judgment of staff. Council Member Glover suggested that as maker of the motion she would accept the amendment if it is noted that if the City requires that the sign be changed that it would fall under an amortization program, and that the landscaping would be increased. The motion as amended with the wording suggested by Council Member Glover carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: None Absent: None Abstain: None 22. APPOINTMENTS BY THE CITY COUNCIL TO THE CITIZENS ADVISORY COMMITTEES FOR A ONE -YEAR TERM ENDING DECEMBER 31, 1997 (appointed by Council upon recommendation of each Council Member) (contd. from 12/9/96,1/13/97 & 1/27/97). Confirmed the following nominations and continued the balance until February 24,1997: Bicycle Trails Citizens Advisory Committee (District 1) Council Member Hedges' appointment of (District 5) Council Member Noyes' appointment of Terrence Lewis. (District 7) Council Member Thomson's appointment of and Environmental Quality Affairs Citizens Advisory Committee (District 4) Mayor Pro Tem Edwards' appointment of Harbor Quality Citizens Advisory Committee (District 3) Council Member Glover's appointment of George Drayton. 23. DOG NUISANCES. On January 27, 1997, Council Member Noyes requested that staff research the possibility of restoring the City . sponsorship of dog nuisance dispensers. Prior to July 1, 1995, the City shared the cost of the bags with the Balboa Island Improvement and Newport Island Associations with the City portion Volume 51 - Page 110 CAC (24) GS/Dog Nuisances/ Budget (44 & 40) C l u City of Newport Beach City Council Minutes February 10, 1997 being approximately $1,500 per year. The expenditure for doggy bags was eliminated on July 1, 1995 as part of numerous budget reductions. On August 12, 1996 the City Council received a report on the cost of providing this service in city parks. This report is recycled for City Council information. City Manager Murphy explained that this was prepared at the request of Council Member Noyes' as discussed in conjunction with the dog license fee. He said the thought was that if the City were to continue the fee at the current level that there may be the money to implement the program, which was first presented to the Council in 1985 in terms of "doggie walk bags" at all the parks. He noted that the recycled report indicates what the installation cost would be on a one -time basis, as well as the annual ongoing cost in terms of supporting the installations. He explained the three options available to Council: 1) receive and file; 2) direct staff to prepare additional cost information; or 3) direct staff to incorporate this in next year's budget. Council Member Noyes spoke in support of the program and said he feels the "doggie walk bags" are educational and there is an opportunity to put the ordinance on the dispenser. He said this provides a service to dog owners and may have some downstream implications with recycling. Motion by Council Member Noyes to direct staff to incorporate this program into the 1997 -98 city budget. Roy Van Orden, 4012 Channel Place, encouraged the City to proceed with the program and reinstate participation in it. Ile said the program works, however the downside of the program is the cost of the doggie bags. Douglas Smith spoke in support of the program and encouraged the Council to use a less- expensive version of the bags. Chris Crosson, owner of "Doggie Walk Bags" noted that the program works and stated that he can work with the City on the cost of the bags since the manufacturing costs have come down. The motion carried by the following roll call vote: Ayes: Thomson, Edwards, Hedges, Glover, Noyes, Mayor Debay Noes: O'Neil Absent: None Abstain: None MOTION FOR RECONSIDERATION - None - 11:30 p.m. Volume 51 - Page 111 110111 I] E u City of Newport Beach City Council Minutes February 10, 1997 xxxxxxxxxxxxxxxxxxxxxx The agenda for the Adjourned Regular and Regular meeting was posted on February 5, 1997 at 3:40 p.m. and the Supplemental Agenda was posted on February 7, 1997 at 10:20 a.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. City Clerk 0��/// < IVL� Recording Secretary Mayor () v Volume 51 - Page 112 10 1 `