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HomeMy WebLinkAbout11/10/1997 - Regular Meeting® CITY OF NEWPORT BEACH City Council Minutes Regular Meeting November 10, 1997 - 7:00 p.m. I Ll None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Absent: Hedges Pledge of Allegiance - Council Member Noyes. Invocation by Paul Sansevieri. Presentation of check in the amount of $107,231 from the Newport Beach Public Library Foundation. ® Mayor Debay requested that the minutes of the Regular meeting of October 27, 1997 be corrected on page 481 to reflect her affirmative vote on the Little Balboa Pump Station. Motion by Mayor Pro Tern Edwards to waive reading of the minutes of the Regular Meeting of October 27, 1997 and the Adjourned Regular Meeting of November 3, 1997, approve as corrected and order filed; and waive reading of the ordinances and resolutions under consideration and direct the City Clerk to read by titles only. Without objection, the motion carried by acclamation. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): Mayor Debay requested that staff bring back a report about whether the fees collected for encroachment permits in West Newport that apply to street ends and the improvement of them can be applied to the undergrounding of the utilities along Seashore once the improvements are complete. Mayor Debay announced that there will be an intertie dedication ceremony sponsored by the Orange County Water District on Thursday, November 13, 1997 at 10:00 a.m. at the Bonita Creek Park. This is the irrigation project that was put together to use the reclaimed water rather than releasing it into the bay. ® • Mayor Debay reported that the Newport Harbor High School Leadership Summit Group held a study session on parking issues and are presenting solutions to the school board. They have asked to be on the agenda for Volume 51 - Page 483 ru City of Newport Beach City Council Minutes November 10, 1997 December S, 1997 to share the information with the Council. Council Member Glover asked the City Manager if he corresponded with SPON. City Manager Murphy said he has talked to them and they are aware that the G -1 policy will be on the next agenda. Staff has also communicated with the Harbor View Hills South Homeowners so they are aware of it. The items on the agenda will be the review of the reforestation action taken by the Parks, Beaches and Recreation Commission, a review of Policy G -1 and the section dealing with reforestation and putting in. place an appeal to the City Council, and a one to one replacement on reforestation. CONSENT CALENDAR 1. Removed from the Consent Calendar by Council Member Noyes. 2. Removed from the Consent Calendar by a member of the audience. 3. NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT 1998 ANNUAL REPORT AND DISTRICT RENEWAL. Approve Newport Beach Restaurant Improvement District 1998 Annual Report; and adopt Resolution of Intention No. 97 -74 and set the public hearing for December 8, 1997. 4. RESOLUTION OF INTENTION TO GRANT NONEXCLUSIVE COMMERCIAL SOLID WASTE COLLECTION FRANCHISE. Adopt Resolution of Intention No. 97 -75 scheduling a public hearing for November 24, 1997 to consider the granting of a Non - Exclusive Solid Waste Collection Franchise to a private solid waste hauler - :Key Disposal, Inc.; and 2) introduce Ordinance No. 97 -38 granting a Non - Exclusive Solid Waste Franchise to Key Disposal, Inc. and pass to second reading on November 24, 1997. CONTRACTS AND AGREEMENTS 5. BASIN MARINE SHIPYARD PERIODIC RENT ADJUSTMENT AND LEASE AMENDMENT. Increase the minimum rental and percentage rents due under the Basin Marine Shipyard lease based upon the appraisal by George Hamilton Jones, Inc. as recommended by the Finance Committee. 6. Removed from the Consent Calendar by Council Member Noyes. 7. COOPERATIVE FUNDING AGREEMENT FOR 73155 CONNECTOR. ® Authorize the City Manager to execute Cooperative Agreement C -7 -0458 for Funding of Connector B of the Route 73/55 Improvements. Volume 51 - Page 484 101 ` Newport Beach Rest Improvement Dist Res 97 -74 (27) Franchises - Commercial Refuse Haulers Res 97 -75 Ord 97 -38 (42) C -2490 Basin Marine, Inc. Lease Agreement (38) C -3167 Route 73/55 Imp /Conn B (38) City of Newport Beach City Council Minutes November 10, 1997 ® 8. COOPERATIVE AGREEMENT WITH BIG CANYON COUNTRY CLUB RE: MACARTHUR BOULEVARD WIDENING - SEGMENT 2 (C -2825) (could. from 10/27/97). Approve a cooperative agreement with Big Canyon Country Club for Slope and Storm Drainage Construction. The motion carried by the following roll call vote: Ayes: O'Neil, Edwards, Glover, Noyes, ]Mayor Debay Noes: None Absent: Hedges Abstain: Thomson 9. Removed from the Consent Calendar by Council Member Thomson. MISCELLANEOUS ACTIONS 10. Removed from the Consent Calendar by Council Member Glover. 11. APPROVAL OF BUDGET AMENDMENT (BA -024) TO APPROPRIATE $11,000 TO COMPLETE RECREATIONAL FACILITIES DEVELOPMENT AND TIRE GENERAL PLAN'S RECREATION AND OPEN SPACE ELEMENT. 12. APPROVAL OF BUDGET AMENDMENT (BA -025) TO ® APPROPRIATE $107,231 DONATION FROM. THE NEWPORT BEACH PUBLIC LIBRARY FOUNDATION TO VARIOUS EXPENDITURE ACCOUNTS. 13. APPROVAL OF BUDGET AMENDMENT (BA -026) TO APPROPRIATE $10,333 FOR TERMITE ERADICATION AT THE OASIS SENIOR CENTER. 14. CIVIL SERVICE ANNUAL REPORT. Receive and file. 15. FIRE AND MARINE DEPARTMENT REMODELING PROJECT. Refer to the City Council Finance Committee for review and consideration. 16. EMPLOYEE RECOGNITION POLICY. Adopt City Council Policy I -23 as recommended by the Legislative Committee. 17. EX -PARTE COMMUNICATIONS. Adopt City Council Policy A -15 as recommended by the Legislative Committee. 18. Removed from the Consent Calendar by Council Member Glover. 19. Removed from the Consent Calendar by Council Member Noyes. 20. Removed from the Consent Calendar by Mayor Pro Tem Edwards. ® MOTION BY MAYOR PRO TEM EDWARDS TO APPROVE THE CONSENT CALENDAR, EXCEPT FOR THOSE ITEMS REMOVED (Items 1, 2, 6, 9, 10, Volume 51 - Page 485 INDEX C -2825 MacArthur Blvd Big Canyon Country Club (38) BA -024 Recreational Facilities (40) BA -025 Library (40) BA -027 Oasis Senior Ctr (40) Civil Service (24) Fire Remodeling Project (41) Council Policy I -23 Emp Recog (69) Council Policy A -15 Ex -parte Comm (69) rl City of Newport Beach City Council Minutes November 10, 1997 18, 19 and 20) and noting Council Member Thomson's registration of an abstention on Item 8. Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 1. INTRODUCE ORDINANCE NO. 97 -36 AMENDING CHAPTER 1.04 AND ADDING CHAPTER 1.05 TO THE NBIVIC PERTAINING TO AN ADMINISTRATIVE CITATION PROGRAM. City Manager Murphy explained that this is a report from the Deputy City Attorney regarding the creation of an administrative citation ordinance which will enable the City to have another vehicle by which it can undertake enforcement of various municipal code sections, primarily intended for code enforcement activities. At this point the City has the ability of utilizing an infraction approach and the City Attorney can initiate civil actions. This ordinance would add the administrative citation process to the municipal code and add Chapter 1.05 to the municipal code. Council Member Noyes asked if staff would return a draft of what the actual fines will be associated with this code change. Motion by Council Member Noyes to introduce Ordinance No. 97 -36 amending Chapter 1.04 and adding Chapter L05 to the NBMC pertaining to an administrative citation program. City Attorney Burnham explained that Council will set the fines by resolution. Without objection, the motion carried by acclamation 2. MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT 1998 ANNUAL REPORT, DISTRICT RENEWAL AND INTRODUCTION OF ORDINANCE TO MODIFY THE BASIS FOR LEVYING ASSESSMENTS. City Manager Murphy explained that this is the first step in the annual renewal process of the Marine Avenue Business Improvement District. The first step in renewing the District each year is the adoption of a resolution of intention and the establishment of a public hearing date which is being proposed for December 8, 1997. Included with the staff report is a report on the activities which this entity undertook during the current year along with a report on what is anticipated to take place in the next year. City Manager Murphy explained that tonight the Council is asked to adopt a resolution of intention stating their intent to move forward on this, subject to final approval following a public hearing on December 8, 1997. At that time the Council can vote to proceed with the district or can abandon the proceedings. He explained that the action taken tonight is not binding on the Council. Motion by Council Member Noyes to approve Marine Avenue Business Volume 51 - Page 486 1 � City Administration Ord 97 -36 (35) Marine Avenue BID Ord 97 -37 Res 97 -73 (27) City of Newport Beach City Council Minutes November 10, 1997 ® Improvement District 1998 Annual Report; introduce Ordinance No. 97 -37 modifying the basis for levying assessments; and adopt Resolution of Intention No. 97 -73 and set the public hearing for December 8, 1997. Without objection, the motion carried by acclamation. 6. BALBOA PENINSULA PARKING MANAGEMENT PLAN CONSULTANT SELECTION. City Manager Murphy reported that this item is a recommendation from the Assistant City Manager following up on a committee established by the City Council to review the proposals that were submitted for the Balboa Peninsula Parking Management Plan. The Council ad -hoc committee, known as PROP (Promote Revitalization of Our Peninsula), met and interviewed the various consultants that responded to the RFP. There was input from City staff and from residents during the interview process. Based on the review of the proposals and the interviews held with the participants, the committee and staff are recommending Meyer, Mohaddes Associates as the preferred firm and staff is asking for Council authorization to negotiate and enter into a final contract with them. If staff should fail in negotiating that agreement that the Council authorize staff to negotiate a contract with Kimley -Horn and Associates as the backup successful consultant. Mayor Pro Tem Edwards complimented the three council members and the way they brought everyone together on this issue. ® Council Member Noyes said he pulled this item to have the City Manager explain what was done to try to level out some of the controversy that surrounds the whole issue of the peninsula revitalization. He explained that this proposal doesn't implement any new parking. The study will inventory the parking that the City currently has. Motion by Council Member Noyes to authorize staff to negotiate and execute a consultant services agreement with Meyer, Mohaddes Associates for preparation of the Balboa Peninsula Parkin; Management Plan, with Kimley -Horn and Associates as the alternate. Without objection, the motion carried by acclamation. 9. PARTICIPATION WITH COSTA MESA, HUNTINGTON BEACH, COUNTY OF ORANGE AND FRIENDS OF HARBORS, BEACHES AND PARKS REGARDING A CONCEPT PLAN FOR THE CREATION OF AN ORANGE COAST NATURE PARK. City Manager Murphy explained that this is a request for a grant from the Friends of Harbors, Beaches and Parks. This proposal was reviewed by the Parks, Beaches and Recreation Commission and they have recommended that the City participate with the cities of Huntington Beach and Costa Mesa and the County of Orange in a study to create a planning document for a park and nature reserve complex near the mouth of the Santa Ana River. ® The cities of Huntington Beach and Costa Mesa are in a planning process to preserve those areas. There aren't any hard and fast final proposals of how those areas will be used, however staff understands that there are areas in Volume 51 - Page 487 IN 1 `I C -3169 Balboa Peninsula Parking Mgmt Plan (38) Finance Parks, Beaches, & Recreation (40/62) City of Newport Beach City Council Minutes November 10, 1997 II 1 ® West Newport that would be preserved and this would be a document that would tie all those areas together. The Parks, Beaches and Recreation Commission has recommended that the City participate in funding and staff is recommending that the Council appropriate $5,000 from the in -lieu park funds contingent upon all the other parties agreeing to participate. Council Member Thomson spoke in support of the concept, however said he believes that the City Council committee on harbors and beaches should have been involved in the formation of the motion, if not the process. Motion by Council Member Thomson to authorize the City Manager to negotiate an agreement with the County of Orange and the neighboring cities of Huntington Beach and Costa Mesa to prepare a concept planning document for a park and nature reserve complex near the mouth of the Santa Ana River; and provide a grant from the In -Lieu :Park Funds of the City of Newport Beach previously appropriated for the Park Planning Project in an amount not to exceed $5,000 for preparation of the plan, with the Harbors, Beaches and Parks Committee to have final authority to finalize the agreement. Council Member O'Neil said that he also met with some of the principals involved in putting this effort together, Jean Watt, Evelyn Hart and their executive director, Bob Fisher. He said the allocation of $5,000 to use towards a conceptual plan to preserve and protect some of the most valuable and environmentally wonderful area in the community would be money well ® spent. Council Member Noyes asked that this be agendized for the meeting of the Harbors, Beaches and Parks Committee to be held on Friday, November 14, 1997. Jean Watt, 4 Harbor Island, agreed with the comments made about the area and said she thinks the City has the most at stake and should have an oversight committee to decide who does the work and what work needs to be done. She said their role will be to bring the citizens together. Mayor Debay noted that she has worked with Mrs. Watt on making the Caltrans West property into a park as well, and she hopes that this action will not hurt the chances with the Caltrans West. Mrs. Watt reported that they have been meeting with Louise Greeley and they feel there are two or three projects worthy of promoting. She said the citizens committee consists of fifteen people from Newport, Costa Mesa and Huntington Beach and the park will encompass everything down to Sunset Ridge in its scope of connectivity. She said they have met with Taylor Woodrow, and in the sense that there is a connectivity between what parks go into their project, how it connects with Sunset Ridge, how much bluff top setback there is, what the values are of their property that needs to be protected, what happens to the wetlands, all of those things can be looked at. ® In response to Council Member Glover, Mrs. Watt explained that other members of the committee have met and held initial discussions with the Volume 51 - Page 488 u City of Newport Beach City Council Minutes November 10, 1997 city managers and mayors of Costa Mesa and Huntington Beach. The upshot is that Costa Mesa is favorable about going ahead with it if the others are involved and have requested a public meeting to get the issues on the table. She said she believes Huntington Beach is also favorable. She said they felt that going to the Newport. City Council was the right thing to do since Newport has the most at stake in terms of property that has not been discussed before, as well as conflicting issues that need to be addressed. She noted that the goal is to get $10,000 from the County and they have met with the supervisors involved with this and they are supportive at that level. Peter Tarr stated that West Newport Beach is an area that is under represented as far as parks even though there is open space available. The idea of getting in at the planing stage is important to the people of West Newport since they have been the victims of poor planning decisions made in the past. He reported that Bob Fisher will speak on the plan in detail at the West Newport Association Meeting on November 19, 1997. Mr. Tarr said he has talked to Taylor Woodrow about their plans and even though their development is still up in the air their concept is similar to this and he can't see that there will be any conflicts. Without objection, the motion carried by acclamation. 10. PLANNING COMMISSION AGENDA FOR NOVEMBER 6, 1997. ® Council Member Glover reported that she was asked to appeal Item No. 7, Rush and Linda Hill's home at 1821 Kings Road, however she has decided not to file that appeal. She said that when she was on the Planning Commission and since she has been on the Council every time a new home is built on Kings Road there are citizens who are unhappy with it and say it is too big. She said the setbacks and heights need to be changed since the applicants are building according to code. On this site there was a variance, however all the members of the Planning Commission looked at the site and felt the variance did not interfere with the public views from the park. She suggested that if the people do not like the permitted heights and setbacks in the area that the put together a petition to change them. She apologized to everyone who went to the Planning Commission meeting concerning this issue because she was told that the Planning Commissioners were rude to people speaking from the audience. Motion by Mayor Pro Tern Edwards to include this item in the action approving the Consent Calendar. Without objection, the motion carried by acclamation. 18. CONTRACTS WITH FORMER CITY EMPLOYEES. City Manager Murphy explained that this item was requested by Council Member Hedges. It was reviewed by the Legislative Committee and a Council policy was drafted (J -1) which would establish that all professional ® service contracts with former City employees or temporary employment contracts with retiring or former City employees would require approval of the City Council. Volume 51 - Page 489 n0 1 ' Council Policy J -1 (69) Volume 51 - Page 490 City of Newport Beach City Council Minutes November 10, 1997 Council Member Glover said she is not opposed to former employees working INDEX as consultants, however the public perception is unfavorable and she is not comfortable with this. Motion by Council Member Glover to prohibit all contracts with former employees of the City. Substitute motion by Mayor Pro Tem Edwards to adopt City Council Policy J -1 as recommended by the Legislative Committee. He said you can't let perception drive reality and there are instances when former employees make a perfect consultant for the perfect job and he doesn't want to limit the discretion of the City Council. Council Member Glover said she thinks that it is very hard for the City Council to vote against a recommendation when a City Manager has talked to previous employee and worked with them on a contract. One of the reasons to use consultants is to bring new ideas into the organization and when you continuously use former employees you never have any new ideas coming into the organization. The motion carried by the following roll call vote: Ayes: O'Neil, Thomson, Edwards, Noyes, Mayor Debay Noes: Glover Absent: Hedges Abstain: None 19. HUMAN SERVICES GRANTS. Human Services Grants City Manager Murphy explained that City Council Policy A -12 establishes a (40) $25,000 annual budget to provide financial assistance for organizations providing services to local residents. Staff has solicited proposals from organizations that have sought City assistance in the past, those proposals were reviewed by Peggy Ducey, Assistant to the City Manager, and she has made recommendations on the funding levels for those organizations. Motion by Council Member Noyes to move the action with the exception of the $2800 for the Orange County Human Relations Council which he would continue to November 24, 1997. Motion by Mayor Pro Tem Edwards to amend the motion to take the $2,800 and give $1,400 to the Newport Harbor High Debate Team and $1,400 to the Corona del Mar High School Moot Court Competition Team. Mayor Debay questioned whether the City Council policy should be amended to allow these types of donations. Without objection, the motion carried by acclamation. ® 20. REPORT ON THE EASTBLUFF TENNIS CLUB SIGN (Requested by Mayor Pro Tem Edwards). Eastbluff Tennis Club Sign (68) Volume 51 - Page 490 City of Newport Beach City Council Minutes November 10, 1997 INDEX ® City Manager Murphy reported that this item was requested by Mayor Pro Tem Edwards regarding complaints received on a new sign at the Eastbluff Tennis Club. Mayor Pro Tem Edwards stated that the bottom line is that the owner is going to re -do the sign as a result of the complaints and staff getting involved and questions should be directed to Jim Sinasek's office. Motion by Mayor Pro Tem Edwards to receive and file the report. Without objection, the motion carried by acclamation. PUBLIC COMMENTS Don Harvey, 2039 Weybridge, spoke in opposition to "mandatory' bike registration, however he said bike registration is a good idea. • Joyce Barnes, 122 East Bay Avenue, distributed pictures as well as her written testimony and reported on an incident that took place at a t -shirt shop near the Fun Zone and their request of the owner to not display the offensive shirts. After being thrown out of the store they registered it as a hate crime with the Hate Crimes Commission of Orange County, and also talked to the Mayor and City Attorney. The next, day they picketed the shop and asked people to boycott buying there. The press came and they were ® interviewed by Channel 9. She reported that she called the City of Costa Mesa and was told that Government Penal Code Sections 313 and 313.1 state that cities may adopt an ordinance to protect minors. She distributed copies of Costa Mesa's ordinance and requested that the City enact a similar ordinance. City Attorney Burnham reported that the City has an ordinance similar to Costa Mesa's. He said the ordinances adopted by both cities prohibits the display of so- called harmful matter in newsracks by requiring blinder racks. The State has pre - empted local regulations of the display of so -called harmful matter to minors except to the extent that the State has authorized cities to pass ordinances. The City has done as much as the State allows. Chris Clevidence, 4101 Seashore Drive, requested that the blackball rule be brought back for reconsideration prior to next summer. Mayor Debay explained that this issue has been referred to the Harbors, Beaches and Parks Commission and will be heard on Friday, November 14, 1997. Rick Richardson, 206 -39th Street, said the blackball issue needs to be put back on the agenda for Council to review it. He indicated that he has a petition which includes in excess of 1320 names. Joe Knofirnschud, Billabong USA, backed up what was said about the ® blackball rules and stated that this is a matter of resource allocation and it has not been given due diligence. He explained the difference in the lower and upper jetties and their usage. Volume 51 - Paige 491 City of Newport Beach City Council Minutes November 10, 1997 Mona Risch, 1524 Priscilla Lane, stated that there are a number of cigar shops in the City and she believes the City should have an ordinance to prohibit smoking in these shops. She also said she believes that smoking is a problem on the beach front. Eric Cahn, 2200 Port Lerwick Place, suggested that the staff reports be posted on the Internet for access, as well as a City newsletter (if approved). He suggested that the attorney go through all of the proposals on the agenda and list all the pros and cons so the residents can see what the advantages and disadvantages are for each of the items. 21. APPEAL HEARING OF TLA RESTAURANT - 3100 WEST COAST HIGHWAY (Jonathan Rodriquez - Atkatz, applicant) - APPROVAL OF A USE PERMIT, A TRAFFIC STUDY AND A NEGATIVE DECLARATION TO ALLOW THE CONSTRUCTION OF A 1500 SQUARE FOOT, TWO-STORY DRIVE- THROUGH RESTAURANT FACILITY WITH A 300 SQUARE FOOT STORAGE BUILDING AND RELATED OFF - STREET PARKING. Planning Director Temple reported that this is a hearing on the appeal of an ® application heard by the Planning Commission on October 9, 1997 regarding a new drive - through restaurant on West Coast: Highway in the Mariners Mile area. The Planning Commission voted unanimously to deny the project. In doing so they had indicated throughout the course of the hearing a number of items where they felt additional information was needed. These included the understandability of the plans, the adequacy of the proposed access, the adequacy of the vehicle stacking space on site, the appropriateness of separating a consolidated parcel of land, and the consistency of the proposal with the recommendations of the Mariner's Mile Business and Citizens Advisory Committee. It was the feeling of the Commission that additional information could be developed in these areas and their initial inclination was to continue the hearing, however the applicant indicated that he preferred to have them take action at that time and as a result the Commission voted unanimously to deny the project. She said the Commission had the greatest number of questions about the adequacy of the access and traffic movement on West Coast Highway. They questioned the safety of the left turn movement; entering the property, the ability to prevent patrons from attempting left turn exits from the property, and questioned the potential routes to return to an eastbound direction on Coast Highway. Another issue that was of great concern to the Commission was the fact that the subject site was a portion of an already consolidated parcel with a single access on Coast Highway and they were concerned that by approving the project the City could end up with an additional driveway. In response to Mayor Debay, Ms. Temple stated. that information has been ® included in the Council report regarding the technical concerns related to the access and the vehicle stacking indicating and while the Public Works Department believes there are technical solutions to those issues, they still Volume 51 - Page 492 II 1 UP 3612 TLA Rest (88) City of Newport Beach City Council Minutes November 10, 1997 INDEX left some questions in the minds of the Planning Commission. Additionally extensive research was done on the nature of the lot and how it may be considered a single site. Any time a project comes forward on a site of this nature, the applicant has to make sure it meets the requirements of the Orange County Public Health Department. In response to Council Member Glover, she reported that the conditions of approval would include the completion of a 100 foot section of Avon Street immediately behind the parcel in order to create access and to provide for employee parking and a place for deliveries. Mayor Debay opened the public hearing. Jonathan Rodriquez - Atkatz, TLA, Inc., Seattle, Washington, said his objective is not to re -hash what has happened in the past, but to emphasize that there are 41 conditions to the presently proposed use permit and they are in concurrence with all those conditions. Their restaurant is based on some very fundamental principals, those being the idea of service, quality, convenience and sophistication. Their approach is to serve gourmet food in a very convenient and attractive setting. The site permits 40% landscaping with gardens in order to create an oasis type environment that would distinguish them from the remainder of Coast Highway where there is little foliage or green areas. They are looking to create a building that is sculptural in nature and will fit within the objectives of the project ® committee to create a higher end retail type environment. The property is zoned for this use, the EIR that was performed found minimal impact, and it included a traffic evaluation. He reported that this is their premier site. He said they paid for the environmental survey, however it was prepared by the City. He said that the clean -up of the site will be a joint effort with the owner of the property and it is their objective to clean up the site, re- mediate all the environmental issues, demolish all the old buildings, and revitalize the site for the purposes as stated. Director of Public Works Webb reported that if 100 feet of Avon Street is paved, there would be approximately 200 feet; left to get behind Chili's Restaurant area which is being used as parking area. It would not provide a connection to Santa Ana. Hearing no further testimony, the public hearing was closed. Motion by Council Member Glover to continue this until November 24, 1997. She said she would like further study and a report back on the following items: 1) how did the opening up of Avon come about and who authorized it to be part of this plan; 2) the lot separation issue and the possibility of having two curb cuts; 3) the possibility of combining the lots and having one entrance and exit that would facilitate both lots; 4) the eight minutes that is assumed in the traffic report and more information concerning stacking; 5) more information on the increased building height; and 6) information on the proposed signage. ® Council Member O'Neil said that he met with the applicant and reviewed the proposed restaurant use which he supports. He said the project provides an Volume 51 - Page 493 City of Newport Beach City Council Minutes November 10, 1997 INDEX ® opportunity to clean up site even if it does have a conflict with one or two of the goals set by the committee that studied the whole area in regard to curb cuts. He said there was some confusion about the number of parcels and there is a need to provide some additional information and the continuance will afford that opportunity. Most importantly, he said he is concerned about any action that would overrule the Planning Commission. He said that during the two week hiatus he hopes the Council will receive further input from the individual commissioners about their decision and concerns. Council Member Noyes said he thinks the Council has to be pro- business and try to show a user friendly attitude towards someone who wants to come into the area and make a substantial investment in a property that has been vacant for three years. He said he is in favor of the project and asked that the Council make an expedient decision on the 24th. Council Member Thomson said he too visited the site and met with the proponents and said he feels the Council should move on with it and let him get started. He asked the applicant if another two week delay would impact the project. Mayor Debay said she spoke to the City Attorney about the issue of the use permit and has referred some questions of her own to the applicants counsel and representative. She said she feels this is a unique concept and it could be a flagship for a new restaurant venue. ® Mr. Rodriquez - Atkatz said he is willing to do whatever is best for Council, however they feel they have addressed the issues. Substitute motion by Council Member Noyes to approve the use permit for TLA Restaurant. Council Member Glover reiterated that her concerns are about long standing unwritten policies and are not related to the Mariner's Mile planning group. Mayor Pro Tem Edwards said he has empathy for the applicant and would like to find a location for them in the City. He said he has major concerns with the hours of operation, the screening, and safety issues on Pacific Coast Highway, therefore he won't support the motion.. He noted that the AQMD venting is an issue in relationship to the adjoining neighbors. Director of Public Works Webb explained that the existing street right of way is 40 feet and the section that would provide access for parking in the rear of this property is set up primarily for just that. In order to provide a connection to Santa Ana Street an entirely different grade would have to be utilized and it would have to be torn out and reconstructed in order to extend it to Santa Ana. City Attorney Burnham explained that the use permit would allow a ® business identical to the one approved to go into operation with the same hours. To the extent that the Council impose conditions on this particular operation, those conditions would apply to any successor to the applicant. Volume 51 - Paige 494 CIJ 0 City of Newport Beach City Council Minutes November 10, 1997 Council Member Glover said that it is her understanding from talking to Assistant City Manager Sharon Wood and City Attorney Burnham that if this business did not make it Mariner's Mile would be the proud owner of another fast food restaurant because the permit goes with the land. Council Member Thomson noted that the minutes of the October 9, 1997 Planning Commission, handwritten page 121, reflect that the Commission came down to a point where they made a substitute motion (5 -2) to deny on the basis that the drive- through at this location would be an inappropriate land use. He said he disagrees with that. The substitute motion failed by the following roll call vote: Ayes: Thomson, Noyes, Mayor Debay Noes: O'Neil, Edwards, Glover Absent: Hedges Abstain: None The original motion carried by the following roll call vote Ayes: O'Neil, Thomson, Edwards, Glover, Noyes, Mayor Debay Noes: None Absent: Hedges Abstain: None 22. APPEAL OF KAM YEE TO RETAIN A CURB CUT ALONG THE BEGONIA AVENUE FRONTAGE AT 619 BEGONIA AVENUE, CORONA DEL MAR. Director of Public Works Webb reported that last April the code enforcement officer was asked to visit the 619 Begonia site in response to a complaint that vehicles were parking in a spot and overhanging or partially overhanging the sidewalk. As a result of that visit he came in and asked the Public Works Department to look at whether or not this was a parking space that warranted a drive approach. When staff looked at the space they found that it was smaller than would be allowed in any normal location. The applicant's tenant has provided Council with pictures which shows the car that is parked in that location. This car can fit in the space, however it doesn't guarantee that any car would fit since most cars are at least 15 feet long or longer. After reviewing this information, staff determined that it does not meet the standard parking space requirements, therefore are recommending that the drive approach be closed. Mr. Yee has indicated that this was an approved parking space when the house was remodeled in 1982, however the plans that he reviewed do not show that it is clearly designated as a parking space and it appears to staff that the space was to be removed. The site has two covered spaces off the alley, as well as two carport spaces. The Public Works Committee reviewed this and supported the staffs recommendation for denial of this appeal. Mayor Debay opened the hearing. Volume 51 - Page 495 INDEX Curb Cut Closure - 619 Begonia (65) E City of Newport Beach City Council Minutes November 10, 1997 FITI-OTDR Kam Yee, property owner at 619 Begonia, said that it is incredible to realize that it took the City 14 years to discover that they don't like this. He distributed some materials he prepared in support of his position. He said he doesn't agree with Mr. Webb's assessment and is sure that he is 100% wrong and has documentation to prove it. He reviewed the permit information and said he wasn't the property owner at that time and questioned why the City now prefers to prosecute him rather than the previous owner. He said that if his driveway approach does not meet the criteria, than every driveway approach in Begonia would have to be closed off. William Burch, 619 Begonia, the current tenant, said he feels that this parking space is a lease right. He said his understanding is that this whole issue arises out of bad blood between the former tenant and the neighbors. In response to Mayor Debay, Mr. Burch reported that his car that is shown in the picture is the only car that is parked there and his lease expires in one year, although it is renewable. City Attorney Burnham reported that there could be a liability, however it may not be significant. Pursuant to City Council Policy L -2, the City has closed curb cuts in this area when access is taken to a remodeled residence from the alley. In this case, the garage that existed when the residence was remodeled was converted to living area and the City probably assumed at that point in time that the curb cut was to have been eliminated since access ® to the carport and on -site parking space was from the alley. According to Mr. Webb, the closure of the curb cut would probably add one street parking space. Council Member O'Neil reported that he has been to the site and read the documents in the file, as well as those from the tenant. He said the appeal should be denied based on the fact that the City has a policy which permits the City to abandon driveway approaches in high priority locations where two or more criteria as listed exist. This driveway qualifies for removal under all the criteria. Motion by Council Member O'Neil to deny the appeal to retain the curb cut along the frontage at 619 Begonia Avenue. Mr. Burch said he disagrees with the argument by the Public Works Committee as well as with comments made by Council Member O Neil that it meets all four of the criteria. Marilyn Ellis, 621 Begonia, distributed photos (if the previous tenant's car parked in this space. She noted that it is an aesthetic thing and there is no other driveway that goes up to a bay window. Since Mr. Yee has tandem parking spaces in a car port and a two car garage, she spoke in support of closing the drive approach. City Attorney Burnham stated that if Council decides to deny Mr. Yee's appeal it should be based on the following findings: 1) the plans for a 1952 ® remodel of the residence indicates the curb cut would be closed when the existing garage was converted to living area with alley access to on -site parking spaces; 2) the existing curb cut provides access to an area which is Volume 51 - Page 496 City of Newport Beach City Council Minutes November 10, 1997 ® too short to accommodate the vast majority of automobiles manufactured without encroaching onto the public sidewalk; and 3) closure of the curb cut will increase available on- street parking in an area where there is a shortage of on- street parking; and 4) the closure is consistent with Council Policy L -2. He asked the maker of the motion whether enforcement of this decision would be deferred until June 30, 1998 when Mr. Burch's first term of his lease expires. The motion to deny with the findings incorporated, as well as the deferral of the enforcement until June 30, 1998, carried by acclamation. CONTINUED BUSINESS 23. AMENDMENTS TO THE GENERAL PLAN, A PRE -ZONE AMENDMENT, A PLANNED COMMUNITY DISTRICT DEVELOP- MENT PLAN, AND A DEVELOPMENT AGREEMENT FOR THE BONITA CANYON AREA (FORMERLY BONITA VILLAGE) TO ESTABLISH PRE - ANNEXATION ENTITLEMENTS IN ASSOCIATION WITH THE PROPOSED DETACHMENT OF THIS AREA FROM THE CITY OF IRVINE AND ANNEXATION TO THE CITY OF NEWPORT BEACH. Volume 51 - Page 497 INDEX Bonita Canyon Annexation Ord 97 -34 Ord 97 -35 Res 97 -76 Res 97 -77 Res 97 -78 Res 97 -79 Res 97 -80 PCA 865 GPA 97 -2 Dev Agrmt 11 (21/94/45) City Manager Murphy reported that on October 27, 1997 the City Council introduced two ordinances on this item which are returned on this agenda ® for adoption. Following the City Council meeting, the City of Irvine considered and adopted two resolutions related to this action, and asked that an agreement be returned to their City Council incorporating ten conditions to be imposed on this proposal. One of those conditions would require that the City of Irvine and the City of Newport Beach. enter into an agreement in terms of sales tax related to this site. If any portion of this site which is residential' were converted to commercial or if the commercial center within this area were increased in size and entitlement that they would be able to share in any additional proceeds of sales taxes. On October 28, 1997, the Newport -Mesa Unified School District approved a housing plan for the students that would be generated from this particular location. The school board approved the reopening of Eastbluff School, and indicated that the Bonita Canyon or 26A students would be housed at Lincoln, and that students from Planning Areas 26B and C would, be housed at the Newport Coast School. If the City Council takes action tonight on this, it appears that LAFCO will take action either in April or May. At the last meeting there was also an issue regarding Eastbluff traffic and sin.ce that meeting Don Webb and Rich Edmonston attended a meeting with representatives from Eastbluff to discuss the six proposals which they addressed to the City Council in early October. Since the hearing date staff has received a number of letters from within the Eastbluff area which would lead one to believe that there is a difference of opinion as to what should and shouldn't be done. In a supplemental staff report, staff has recommended that rather than referring this to the Traffic Affairs Committee that the Council may wish to ® refer it to the City Council Public Works Committee for a meeting with all interested parties in the neighborhood in order to undertake a dialogue about all the proposed changes. If the Council wants to undertake this in an Volume 51 - Page 497 INDEX Bonita Canyon Annexation Ord 97 -34 Ord 97 -35 Res 97 -76 Res 97 -77 Res 97 -78 Res 97 -79 Res 97 -80 PCA 865 GPA 97 -2 Dev Agrmt 11 (21/94/45) City of Newport Beach City Council Minutes November 10, 1997 ® expeditious way, staff is recommending that this item be referred to the Committee and that the committee be empowered to direct staff to take the steps necessary to undertake any changes in the circulation system on a pilot basis. Director of Public Works Webb reported that the meeting has tentatively been set for November 20, 1997, however a location has not been determined. The outreach will be to all the residents in the area. Carol Hoffman, The Irvine Company, said they appreciate the Council's attention to all the details involved in the agreement and respectfully request their action. David Purves, 532 Vista Grande, current member of the Bluffs Homeowners Association, said that the Board wholeheartedly supports the traffic issue going to the Public Works Committee. He also spoke in support of the annexation. Phil Arst, Lighthouse Lane, distributed copies of items faxed to the City Council addressing the financial situation and stated that the Community Association Alliance voted to delay the annexation. He said he believes the fiscal analysis is seriously flawed which would have the result of imposing a huge cost upon the taxpayers of the City. He explained that his projection ® shows the total revenues, expenses and net profit of both the consultant's report and his analysis. He said he imposed Proposition 13 property tax increase rates onto the current consultant's report and by doing that he came up with a higher revenue to the City than was shown. The expenses are higher because the rate of increase of inflation for services provided to the residences goes up at 4% versus the 1% property tax increase, so that the net deficit of the annexation is negative in all 25 years and it increases each year because of the higher rate of increase of expenses over revenues. He said he took issue with the commercial center projections as well. He said that any industrial study he has ever done includes a 10% risk factor, however there are larger risks than that in this matter. There are risks involving recession, as well as risks in state procedures on the property tax. He said his conservative projections show that the Bonita Canyon annexation is a significant money loser for the City and the City will have to take away money earmarked for services in the existing City to make up for this shortfall. It can't be made up from the Newport Coast annexation because it has the same mix of residential properties as Bonita Canyon and will be subject to the same analysis. He said you can't use the incremental expense accounting method because it places the burden of supporting the annexed area on the remaining taxpayers. He said the net losses due to the annexation are probably greater than the money accruing to the schools. He urged the Council to delay adoption of the ordinances for one month. Mayor Pro Tern Edwards clarified with the City Manager that under Proposition 13 there is a cap of 2 %. He asked Mr. Arts if he made a ® comparison based on if the annexation does not occur, however the city has recurring expenses as a result of its impacts. Volume 51 - Page 498 City of Newport Beach City Council Minutes November 10, 1997 INDE% ® Administrative Services Director Danner reported that the constitution limit on assessed valuation increases is capped at 2 % or CPI, whichever is less. In his review of the report, he did not see taken into consideration the other things that trigger assessed valuation increases (transfers or remodels). He said staff went back to 1981 -82 FY and found that the average increase for the 17 years was 6.47 %, which ranged from an increase of 17.05% in 1984 -85 to a decrease of 1.07% in 1994 -95 when real estate values were declining. Council Member O'Neil reported that Council received a comprehensive economic study which concludes that the amiexation is either revenue neutral or over time pays for itself. He voiced concerns with the analysis done by Mr. Arst and said he is not in the business of hiring people to give information and then somehow at the 11th hour tossing it out because it is all wrong. He said it concerns him that if the City is hiring consultants to perform these analysis and Mr. Arst is right then the City has a $9 million problem. In response to Council Member Glover, City Manager Murphy reported that in 2002 the analysis showed $9,660 in the black. On page 26 of the analysis there is a section (Appendix B), which talks about cost assumption. Under the section called "Fire Protection" it states the following: While no new fire stations are planned as a result of the annexation of Bonita Canyon, a fire cost methodology is used to allocate some pro -rata share of the costs to the new development in Bonita Canyon. Estimates for fire protection services ® are similar to that of police protection. Using the cost allocation in the City's fiscal model the fire protection costs per dwelling unit is estimated at $126.88. He reiterated that there is no new fire station planned, however there will be units responding into that area which will be utilizing existing budgeted resources and there is a cost to that. It is shown as a cost but in reality they are not new unbudgeted costs that would be incurred. Council Member Glover stressed the importance of looking at the verbage that goes along with this and how the moneys are allocated in order to understand the implications. Mayor Pro Tem Edwards said that one of things that prompted an interest in this annexation was that if it were never annexed, the City would not have any control but would still be hit with the impacts. He said this annexation provides tremendous benefits to the schools that they wouldn't otherwise have gotten. He said the long term benefits for the City outweighs the detriments in terms of controlling the outcome and having an impact on mitigating the traffic problems that exist in the City. Eric Cahn, 2200 Port Lerwick Place, said he is not sure how the traffic committee will address the problems, however it seems like the streets that border on the development are not being addressed (the Port Streets). He said the intersection at San Miguel and Ford mail require a traffic light soon and he doesn't think the City wants to pay for that. The mitigation doesn't ® necessarily need to be done now, but provision for it should be made so that it can occur within two ,years. The intersection of Port Ramsey and San Miguel is a problem now because of the Newport Hills or the Ralph's Volume 51 - Page 499 City of Newport Beach City Council Minutes November 10, 1997 110 1 shopping center traffic that exits onto residential streets and then backs up trying to make left hand turns onto San Miguel. It was studied by City and determined to qualify for installation of a traffic light at this time. The need is marginal now but will be a more severe problem in two years. Besides the traffic light, he said there is another solution that will cost almost nothing. The solution would be to make the exit and entrance to the shopping center a one way entrance only. This wouldn't need to be studied, however The Irvine Company would have to agree to make it one way. He asked that Council Member Thomson add this condition since it is in his district. Phil Arst, said he included a factor for the resale of houses in his analysis and the consultant did not and pointed out that the difference in inflation rates will drive that into negative territory. He said this hangs together very well in 1997 dollars but within two years it is already obsolete because by then the city employees, particularly police and fire, will have gone through several pay raise cycles. He said the fundamental. point is that it loses a lot of money and the challenge is to find the money to support it. Mayor Debay said she would like to see a second analysis from Mr. Arst with the police and fire issue as brought up by City Manager Murphy factored in. Council Member Thomson said that the City is very fortunate to have this opportunity to enhance the City and would be impacted whether it is part of City or not. He said we will all be impacted by the density and traffic, but ® now have the City has a chance to have some control and will also have 35 acres of new parks. He said the report states that it will take two to three years to build the parks and said he would like to see a dedication to speed that up, therefore asked for the cooperation from staff, where appropriate, to do that. Motion by Council Member Thomson to: 1) adopt Ordinance No. 97 -34 approving amendments to Districting Maps Nos. 55, 56, 57, and 58 to prezone property generally located between the San Joaquin Hills Transportation Corridor, MacArthur Boulevard, and Old Ford Road (Bonita Canyon) to Planned Community and to adopt a Planned Community Development Plan [Amendment 8651; 2) adopt Ordinance No. 97 -35 adopting an Annexation and Development Agreement between the City of Newport Beach and The Irvine Company [Development; Agreement 111; 3) adopt Resolution No. 97 -76 approving General Plan Amendment 97 -2 (Land Use Element); 4) adopt Resolution No. 97 -77 approving General Plan Amendment 97 -2 (Recreation and Open Space Element; 5) adopt Resolution No. 97 -78 approving General Plan Amendment 97 -2 (Circulation Element); 6) adopt Resolution No. 97 -79, a Resolution of Application with LAFCO for the Bonita Canyon area; 7) adopt Resolution No. 97 -80, a Property Tax Exchange Resolution for the City of Newport Beach; and 8) to provide the outreach to the Eastbluff area residents on the traffic mitigation and refer the issue to the Public Works Committee. ® Council Member Thomson noted that staff will address the Port Street situation as addressed by Mr. Calm. Volume 51 - Page 500 City of Newport Beach City Council Minutes November 10, 1997 ® Without objection, the motion carried by acclamation. 24. PRIVATE BANNERS WITHIN SAN CLEMENTE DRIVE PUBLIC RIGHT -OF -WAY (Orange County Museum of Art, owner). Director of Public Works Webb explained that the museum requested that the City extend their existing permit for an additional 60 days. Normally banners are only allowed to be posted temporarily on street lights for a total of 30 days. The museum has also indicated that they would like the banners to remain for a full 12 months. He said that staff doesn't have any problems with the 60 day extension, but don't think it is appropriate to have banners on them on a year round or semi - permanent basis. He said staff is recommending denial of their request for a 12 month extension. If the museum wants to have permanent or year round banners, staff is suggesting that they work with the Planning Department to get authorization to install permanent banners behind the sidewalk immediately adjacent to the property. He suggested approval of the 60 day extension and denial of the request for the 12 month banners. Council Member Glover said that the museum. is a public agency, not a wealthy private business and to assume they could afford to install their own ® poles would be inappropriate. She said it seems logical that the City would allow them to use the poles that are there already. Naomi Vine, Director of the Orange County Museum of Art, asked for help with this problem. She said they understand that there are regulations and rules that need to be followed but their problem is that they are invisible since the museum is located in a hollow and is not visible from the street. She said that banners are an internationally accepted way of identifying a museum and a recognizable way to identify the location. She reported that they have requested directional signage on Newport Center Drive, however it will take some time. Motion by Council Member Glover to approve a .12 month installation of the banners and that the size of the banners be 3 x 8 and that the height be 13 feet. She explained that Public Works has recommended that the banners by 2 x 7.5, however the United Way banners are 3 x 8 and if the signs are one foot lower they are easier to see. In response to Council, Mr. Webb reported that this request will have to come back in twelve months and the museum will be responsible for moving the brackets. Council Member O'Neil questioned whether this will require an amendment to Policy L -16 and if that was part of the motion. ® Without objection, the motion carried by acclamation. Volume 51 - Page 501 110 1) ` Banner Permit (74) is City of Newport Beach City Council Minutes November 10, 1997 25. PERSONNEL ACTION. INDEX Personnel Actions (66) City Manager Murphy stated that there are four actions on the agenda related to personnel items that require City Council approval. The first action results from discussions related to the City's efforts in terms of the John Wayne settlement agreement, as well as aviation issues related to El Toro. The recommendation is that the City create and fill a full -time position dedicated strictly to those issues. The second recommendation are the issues related to the retirement of the Administrative Deputy Chief within the Fire and Marine Department. Staff has prepared a reorganization plan upon his retirement that would best serve the needs of the Fire and Marine Department. The third recommendation is for the creation of a full -time disaster preparedness position in the Fire and Marine Department. It has been recommended that the position be created and filled as a civilian position, as is done in the Police Department. He said staff is asking for authorization to proceed and will look at the two options. The last recommendation is to approve the creation of a full -time management assistant reclassification of a position in the Human Resources Division. The position was recommended in the supplemental budget, however it was not approved. The Finance Committee reviewed the various issues underway in Human Resources and concurred that this was a position that should move forward. The total cost for all four recommendations on an annual basis is $158,000. ® Motion by Mayor Pro Tern Edwards to approve the actions on items: 1) authorization for the City Manager to create and fill a full time position dedicated to the John Wayne airport and aviation issues; 3) to approve the creation of a full -time Disaster Preparedness position in the Fire and Marine Department as recommended by the Public Safety Committee; and 4) approve the creation of a Human Resource Assistant and the reclassification of a Human Resource Assistant to Management Assistant in the Administrative Services Department as recommended by the Finance Committee. Council Member Noyes asked the maker of the motion if he would accept an amendment to refer Item #3 back to the Public Safety Committee to review the options. The amendment was not accepted. City Manager Murphy said that Council Member Noyes wanted staff to take a look at this as a safety position, perhaps a marine safety officer. He said that Public Safety recommended that it be a non - safety position, however staff can look at that issue again before it is filled. City Manager Murphy said that staff is looking for someone to coordinate on an ongoing basis the City's disaster preparedness plan, drills, preparing various departments for potential disaster scenarios, and undertaking outreach within the community and with the various community associations. ® Without objection, the motion carried by acclamation. Volume 51 - Page 502 City of Newport Beach City Council Minutes November 10, 1997 ® Motion by Mayor Pro Tem Edwards to approve Item 2, the reorganization plan in the Fire and Marine Department resulting from the retirement of the Administrative Chief. Todd Knipp, Costa Mesa, Newport Beach Firefighters Association, said he is in an unusual situation of arguing for a chief level staff position. In the last six years the following positions have been eliminated: one operations captain, one disaster services captain, and three deputy battalion chiefs. A fire marshal has been hired from the outside and now the City is about to eliminate one administrative chief. The net result of these changes is a dramatic loss of command staff and what that means to the department is a severe narrowing of command mind set at the top reaches of the department. If there are to be cuts made in their budget the cuts should be at the management level and the service response should be available and intact. He said he sees an incremental loss of these positions and although there may not be an immediate impact, in the future the department will be at a point where there will be no movement from the firefighters ranks all the way through chief officer. The most important thing that the City will lose is the broader based input to the chief and in turn. to the Council. This action will also result in limiting the opportunities for career development within the department. He said they are currently at a situation that without a fire marshal position open and without this administrative position, the Council is making a judgment at this point that none of the people are going to be qualified to be a chief of this department in the future nor will they be able ® to be competitive for chief officer positions in other departments. He said that it is very important that this position be retained as a chief officer position. Referring to the disaster preparedness position, he stated that this is another position that they will lose at the command level. In response to Mayor Debay, he stated that he feels there are opportunities that have not been addressed in this specific function from the standpoint of retaining it as a chief level position. He said he thinks there was probably some room to negotiate with the management group about not having it be a deputy chief position, which is battalion chief plus 12 -1/2 %. He said he feels there was a willingness on a lot of parties to reduce that salary to just keep it as part of the organization. Substitute motion by Council Member O'Neil to continue this item for thirty days. Without objection, the motion carried by acclamation. 26. CITY NEWSLETTER (Requested by Council Member Noyes). City Manager Murphy stated that this is a report requested by Council Member Noyes on an issue that was considered earlier this year. Staff has provided the Council with several options and a mockup. The options included the costs that would be incurred by utilizing existing staff to prepare the material and do the lay -out. The additional cost would be for printing and postage. ® Council Member Noyes suggested deleting the City Manager article and said he can't justify spending $218.000 on this type of project. He suggested that the newsletter be put together and placed in the Navigator on a quarterly Volume 51 - Page 503 I ` I `I City Newsletter (33) City of Newport Beach City Council Minutes November 10, 1997 II0 1 ® basis as the most cost effective way to do it. He suggested a one time meeting for an ad -hoc committee to decide what the guidelines would be for the newsletter, what kind of things would be in it. He said he wants it to be well balanced, interesting and informative to the public. Motion by Council Member Noyes to allocate $32,000 to put together two newsletters to go into the Navigator. This will provide enough money for the two issues plus a supplemental before the end of the fiscal year. He also suggested that the City Manager's weekly newsletter be mailed to the leaders of the community and business associations, as well as posted on the Internet. He said that the Public Works capital improvement schedule that is put out weekly should also be included. Council Member Glover said that it would be laborious to send out the City Manager's newsletter. She asked for clarification on the annual cost of sending out a monthly newsletter. Mr. Murphy reported that the cost for preparation, printing and mailing would be $218,520. Assistant to the City Manager Ducey said that if a bi- monthly newsletter is inserted in water bills the cost would be about $67,000 total. Council Member Glover moved to amend the motion and have the newsletter ® mailed out on a bi- monthly basis in the water bill with every other bi- monthly issue limited to strictly airport information. Council Member Noyes voiced concerns because the water bills are mailed out to half the population one month and the other half the next month. Mayor Debay pointed out that the water bill goes out to only 23,000 residences, however the recreation brochure goes to every residence. Mayor Pro Tern Edwards moved to amend Council Member Noyes' motion to incorporate Council Member Glover's suggestion. Substitute motion by Council Member Thomson to delay action for 30 days to allow a study period by an ad hoc committee, to be appointed by the Mayor, and to bring back some ideas on how to solve the obvious problems. The motion carried by the following roll call', vote: Ayes: O Neil, Thomson, Edwards, Glover, Mayor Debay Noes: Noyes Absent: Hedges Abstain: None 27. ORAL REPORT ON THE JOINT COUNCHJCOMMISSION MEETING No report ® (Requested by Council Member Noyes). Motion by Council Member Noyes to have a joint meeting on December 15, Volume 51 - Page 504 \_J City of Newport Beach City Council Minutes November 10, 1997 1997 with ten commissions and committees in order to exercise the Council's oversight on the committees. His proposal would be to have a three hour meeting and each group would be given 15 minutes. The chairperson would speak for 5 minutes and then the Council would have 10 minutes to talk about their goals and what the Council feels their goals should be. At the end of the 2 -1/2 hour period there would be 30 minutes for public comments. He said the commissions and committees should provide an annual report including their attendance record. Those included would be the Library Board of Trustees, City Arts Commission, Civil Service Board, Planning Commission, Parks, Beaches and Recreation Commission, the Aviation Committee, Economic Development Committee, Bicycle Trails Citizens Advisory Committee, Environmental Quality Affairs Citizens Advisory Committee, and the Harbor Quality Citizens Advisory Committee. Council Member Thomson asked the maker of the motion if he would accept an amendment that would empower the Council to sunset any of those commissions or committees at that time. The amendment was not accepted. Mayor Pro Tem Edwards said he would support the main motion with the idea that with the information gleaned at the meeting the Council could ultimately make the decision to sunset them, but that would occur at a later meeting. With Council Member Thomson dissenting, the motion carried by acclamation. 28. MODIFICATION NO. 4615 TO PERMIT THE CONSTRUCTION OF A SIX FOOT BLOCK WALL THAT ENCROACHES 15 FEET INTO THE REQUIRED 15 FOOT SETBACK AT BROAD STREET, WHERE THE CODE LIMITS THE HEIGHT OF FENCES TO 3 FEET (435 REDLANDS AVENUE) (Anthony Ellsworth, owner). City Manager Murphy reported that this was a request for the Council to refer this matter to the Planning Commission, however this afternoon staff learned that amendments have been made to the modification in question that would no longer necessitate a review by the Planning Commission. With that being the case this item can be removed from the calendar. Motion by Council Member Glover to remove this item from the calendar. Without objection, the motion carried by acclamation. 29. ORAL STATUS REPORT ON UPPER NEWPORT BAY DREDGING (contd. from 10/27/97). Assistant to the City Manager Ducey reported that there is a signed contract on the dredging project. The contractor is now in the process of mobilizing and is expected to begin the dredging within 30 days. She said staff is planning an event to kick off the beginning of the project. Mayor Pro Tem Edwards commented that he has been in meetings where people say the City isn't doing anything on this and he pointed out that there Volume 51 - Page 505 1101-0) ` No report No report City of Newport Beach City Council Minutes November 10, 1997 ishas been a tremendous amount of work done on this over the last two years. 30. ORAL STATUS REPORT ON NEWPORT COAST ANNEXATION (contd. from 10/27/97). Assistant to the City Manager Ducey reported that staff is in the process of finalizing the property tax negotiations. The City has a verbal agreement with the County of Orange on the General Fund tax allocation and the library district allocation and are now going through the committee structure of the Fire Authority to get approval on that property tax exchange. They have gone through two of the three committees and the first two committees have approved the property tax exchange at 100% for Newport Coast. The final committee meeting is scheduled for November 19, 1997 and then it will go to the full board on November 20, 1997. Staff should have final verbal approval by the end of November and an actual property tax exchange agreement approved by the Board of Supervisors by early December. At that time staff will be able to finalize the fiscal impact report based on what the final negotiated settlement is on the property tax agreement and then the report will be released to the City Council and public. Council Member Thomson asked what the progress is on the exchange of sales and transient occupancy tax (TOT) revenues. ® Ms. Ducey reported that the sales tax and TOT will go to the City at 100 %. This is a verbal agreement and has not been agreed to in writing yet. In response to Council Member Thomson, City Manager Murphy reported that the phasing is a challenging part of this discussion. Staff has had discussions with The Irvine Company, who is the land owner, and the Fire Authority because there is a certain triggering date upon which the City would take occupancy of the fire station to provide services. Once the City takes it and there are still portions of the coast which might remain unincorporated or County, the City would have to serve it. The phasing affects the way that the City would begin to take service delivery obligations. He said The Irvine Company would like to see it phased. Phase I could include everything already developed and the areas which are the open space areas. It would include Planning Areas 26B and 26C, which is basically everything on the west side of Newport Coast Drive. Future phases would be Wishbone Hill and the areas between Crystal Cove and the easternmost portion of the property. Another phase would potentially be the hotel and Disney areas. As final maps are secured they would automatically come into the City, however LAFCO is not enamored with the phasing since they would like to have a clean break from unincorporated to City. One of the key issues to The Irvine Company is the City's lack of a Certified Local Coastal Plan. City Attorney Burnham reported that the Charter states that the Council ® can't adopt an ordinance to redistrict within six months of an election. It does not say that you cannot annex territory. If you don't redistrict then the territory that is annexed is made a part of the district with which it has the Volume 51 - Page 506 No report 0 E City of Newport Beach City Council Minutes November 10, 1997 greatest continuous Council Member O Neil said he is concerned that the public tends to leap to the conclusion that the Council has predetermined to go forward with the Newport Coast annexation by the end of this year. He said he favors the annexation, however he believes that there still needs to be a very comprehensive period of outreach to share information with the community, as well as the residents of Newport Coast. City Manager Murphy said that at the time the agreements are finalized and brought to Council it would be appropriate to establish workshops in order to undertake lengthy explanations of the financial aspects of the annexation, as well as to address other questions related to redistricting, etc. Mr. Murphy reported that if the City executes an agreement with the County that says that if the City of Newport Beach annexes this area, that at such time as it is done, at any time in the future, the taxes as agreed upon will go to the City. MOTION FOR RECONSIDERATION Council Member Thomson requested that a Council Member on the prevailing side on Item 27 consider using the meeting time as an opportunity to thank the various commissions and committees and make it more of a social atmosphere rather than a formal court. No action was taken. 11:05 p.m. a: r: r= m�xrwx :x�x�mxsrsr.:a:rxsxssa:�a:xt The agenda for the Regular Meeting was posted on November 5, 1997 at 3:00 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. C-& % XP City Clerk OPW - � gy in Re .4K Volume 51 - Page 507 1` 1 '