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HomeMy WebLinkAbout12/14/1998 - Regular Meeting• CITY OF NEWPORT BEACH City Council Minutes Regular Meeting December 14, 1998 - 7:00 p.m. INDEX - 5:00 p.m. [Refer to separate minutes] CLOSED SESSION - 6:30 p.m. [Refer to separate agenda from City Attorney] - None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Adams, Glover, Thomson, Debay, Ridgeway, Noyes, Mayor O'Neil Absent: None Pledge of Allegiance - Mayor O'Neil. Invocation by Lloyd Dalton, Public Works Design Engineer. Mayor O'Neil welcomed the two new Councilmembers, Tod Ridgeway and • Gary Adams. Presentation of Bronze Award for the Orange County's United Way 1998 -99 Campaign to Chairman Steve Ahuna and recognition of the following department representatives: Tina Watson, Community Services; Janet Johnson, Planning; Mike McDermott, Police; Due Bui, Administrative Services; Vicky Cleary, Fire & Marine; Joan Ackerman, Utilities; Miriam Eldridge, General Services; Kelli Sword, City Attorney; Shauna Oyler, Public Works; and Susan McCourt, Building. Chairman Ahuna thanked the volunteers listed, the United Way staff and Acting City Manager Danner for their assistance. Presentation of Taste of Newport Proceeds by Richard Luehrs, President of the Newport Harbor Area Chamber of Commerce to Local Non - Profit Organizations. Mr. Luehrs introduced Bob Black, Chairman of the Board, and Lee Sutherland and Dorothy Larsons, board members. The following organizations received contributions: Times Orange County Charities - $5,000; Newport -Mesa Schools Foundation - $2,500; Friends of the Newport Beach Library - $2,500; Environmental Nature Center - $2,500; Balboa Theater Foundation - $2,500; Boy Scout Sea Base - $2,500; Corona del Mar BID - $2,500; and Balboa Island Bid - $1,000. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION. ACTION OR REPORT (NON - DISCUSSION ITEM): • • Council Member Noyes announced that the Winter issue of the Newport Navigator contains Tidelines, the City newsletter. He thanked the Community Services Department for inserting the newsletter into their publication, and Volume 52 - Page 238 • City of Newport Beach City Council Minutes December 14, 1998 INDEX stated that suggestions for changes can be directed to Assistant to the City Manager Kiff. a Council Member Ridgeway requested that the City's circulation element and general plan be discussed at a January City Council. meeting. Mayor O'Neil suggested that this item could be included in the Council's goals that will be set on January 30, 1999. Council Member Ridgeway requested that a summary of what the City will face be presented prior to that date. • Council Member Debay thanked the Fire & Marine Department and the mutual aid received from other cities during the brush fire on December 9, 1998. Mayor O'Neil added that the homeowners in the area were appreciative of the quick response by the Police and Fire & Marine Departments. • Council Member Adams requested that the Jamboree Road/Bison Avenue intersection be discussed and a decision made as quickly as possible. • Council Member Glover referred to a letter to the Acting City Manager from Susan B. Seifert, co- presiding President of SPON (Stop Polluting Our Newport), dated November 21, 1998, requesting that the City follow -up on the transfer of title on the parcel of land adjacent to the Main Library, known as Newport Village. Council Member Glover requested that a status report be provided to the City Council at its next meeting. • • Mayor Pro Tem Thomson announced several entities in the City that need funding for various reasons. He mentioned Newport Heights Elementary School needing to make several improvements at the school, with the contact to make donations being Jamie Holmes. He said Ms. Holmes number can be obtained by contacting the Mayor's office. Also, the Newport Beach Little League needs to finish work on their fields, and interested donors can contact John Della Grotta at 721 -8748. Mayor Pro Tem Thomson also mentioned the Corona del Mar High School track being converted into an all- weather track, with an additional $5,000 needed to complete the project. He said that donations can be made through Susan Kramer at 549 -0224. • Mayor Pro Tem Thomson announced the annual Newport Christmas Boat Parade running from December 17cn through the 23rd. • Mayor O'Neil announced that the City Council will begin holding Study Sessions at 3:00 p.m. in the Council Chambers, prior to all regular Council meetings. • Mayor O'Neil requested that the citizen advisory committees be invited to the Study Session on January 11, 1999. He suggested that the committees come prepared to discuss their goals and accomplishments, and suggestions for improvements in working with the City. Mayor O'Neil specifically asked that the Environmental Quality Affairs Committee, the Harbor Quality Committee, the Economic Development Committee and the Aviation Committee attend the Study Session. Council Member Ridgeway also suggested that the presidents of the homeowners associations be invited to attend the meeting. Mayor O'Neil • agreed. • Mayor Pro Tem Thomson announced that the City's Sister Cities organization is very active and a group will be going to Okasaka, Japan in April. He stated that Volume 52 - Page 239 • • • City of Newport Beach City Council Minutes December 14, 1998 anyone interested in the trip should contact Wendell Fish at 720 -1077. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF NOVEMBER 23, 1998 AND ADJOURNED REGULAR MEETING OF NOVEMBER 30, 1998. Waive reading of subject minutes, approve as written and order filed. Ayes: Glover, Thomson, Debay, Noyes, Mayor O'Neil Noes: None Absent: None Abstain: Adams, Ridgeway (from the approval of the November 23, 1998 minutes only) 2. READING OF ORDINANCES AND RESOLUTIONS. Waive reading in full of all ordinances and resolutions under consideration, and direct City Clerk to read by title only. 3. TERMINATION AND ASSIGNMENT OF NON - EXCLUSIVE COMMERCIAL SOLID WASTE FRANCHISES. Adopt Resolution No. 98 -78 terminating the solid waste franchise agreement between the City of Newport Beach and Haul Away Containers and assigning the City's franchise agreement with Orco Disposal to CR &R, Incorporated; approve agreement to surrender the franchise agreement between the City of Newport Beach and Haul Away Containers; and approve the assignment of the Orco Disposal Franchise Agreement to CR &R. 4. APPROVAL OF STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1997 EDITION AND WORK AREA TRAFFIC CONTROL HANDBOOK, 1996 EDITION. Adopt Resolution No. 98 -79 approving Standard Specifications for Public Works Construction, 1997 Edition and Work Area Traffic Control Handbook, 1996 Edition as minimum standards for the City of Newport Beach Public Works projects and approving future supplements to those standards. 5. 800 MHz AND DOCUMENT IMAGING LEASE/PURCHASE FINANCING. Adopt Resolution No. 98 -80 and authorize the Acting City Manager to execute the Master Equipment Lease/Purchase Agreement and related agreements referenced in the resolution for the 800 MHz Radio System and Document Imaging Systems Project with Municipal Funding Group. ORDINANCE FOR INTRODUCTION 6. ORDINANCE NO. 98 -27 PERTAINING TO THE FEEDING OF WILD BIRDS AND MARINE LIFE. Introduce ordinance and pass to second reading on January 11, 1999. Volume 52 - Page 240 INDEX Res 98 -78 Non - exclusive Commercial Solid Waste Franchises (42) Res 98 -79 Standard Specs & Work Area Traffic Control Manuals (74) Res 98 -80 C -3100 800 MHz/ Doc. Imaging Lease/Purchase Agra (38) Ord 98 -27 Feeding Wild Animals (51) City of Newport Beach City Council Minutes December 14, 1998 INDEX • ORDINANCES FOR ADOPTION 7. ORDINANCE NO. 98 -25 AMENDING SECTION 12.68.060 OF THE Ord 98 -25 NEWPORT BEACH MUNICIPAL CODE TO ESTABLISH A Parking Permit RESIDENTIAL PARKING PERMIT PROGRAM FOR PORTIONS OF Prog. /Newport Hts. NEWPORT HEIGHTS AND CLIFF HAVEN. Adopt Ordinance No. 98 -25. & Cliff Haven (85) 8. AN AMENDMENT TO DISTRICTING MAP NO. 1 TO CHANGE Ord 98 -26 ZONING DISTRICT CLASSIFICATION OF 511 CANAL STREET Amendment 811/ (NEWPORT SHORES COMMUNITY CLUBHOUSE) FROM OPEN 511 Canal St./ SPACE PASSIVE (O5 -P) TO OPEN SPACE ACTIVE (O5 A) Newport Shores [AMENDMENT NO. 8811. Adopt Ordinance No. 98 -26. Clubhouse (94) CONTRACTS AND AGREEMENTS 9. AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND C -2650 SCHOCK BOATS (contd. from 11/09/98). Approve the agreement Use of Dock between the City and Schock Boats for use of the dock bayward of the 29th Bayward/ Street end; and approve amended City Policy I -2 - Instructional Recreation Policy 1 -2 Activities. (38/69) 10. Item removed from the Consent Calendar by Council Member Ridgeway. 11. APPROVAL OF BUDGET AMENDMENT (BA -028) PERTAINING TO C -2825 MACARTHUR BOULEVARD WIDENING PROJECT - SEGMENT 2 • BA -028 (C- 2825). Approve Amendment No. 1 to the Professional Services MacArthur Blvd. Agreement with AGRA Earth and Environmental authorizing $33,000 for Widening Project - additional materials testing services and authorize the Mayor and City Clerk Segment 2 to execute the Amendment; approve Amendment No. 1 to the Professional (38/40) Services Agreement with Deist - Binsfield, Inc. authorizing $47,700 for additional construction management services and authorize the Mayor and City Clerk to execute the Amendment; and approve a Budget Amendment (BA -028) appropriating $535,700 from the Circulation and Transportation Fund to Account No. 7261- C5100066 and $125,000 from the CIOSA Fund to Account No. 7432- C510066. 12. REVISED AMENDMENT TO CSDOC COOPERATIVE AGREEMENT C -2886 FOR LIDO PUMP STATION [ARCHES] (C- 2886). Approve revised BA -027 Amendment No. 1 to the Cooperation and Reimbursement Agreement with Lido Pump the County Sanitation Districts of Orange County relative to design of the Station/ Lido Sewage Pump Station replacement and authorize the Mayor and City CSDOC Clerk to execute the Amendment; authorize Budget Amendment (BA -027) to (38/40) transfer $112,200 from the Sewer Pump Station Master Plan (Account No. 7532- C5600100), to the Sewer Main Master Plan Improvement (Account No. 7532- C5600292), for sewer mains at the intersection of Newport Boulevard with Via Lido and Short Street; and authorize staff to apply for matching funds from the County Sanitation Districts to repair and reconstruct sewer lines that are impacted by infiltration of groundwater. • 13. ASSIGNMENT OF LEASE WITH KELSHO COMMUNICATIONS. C -3164 Approve the assignment of the Kelsho Communications lease to Citicasters Radio Company and approve the Memorandum of Lease, Assignment and Consent Broadcasting Volume 52 - Page 241 City of Newport Beach City Council Minutes December 14, 1998 • and Estoppel Certificate, and authorize Interim City Manager to execute the Memorandum of Lease and Estoppel Certificate upon satisfaction of all conditions. MISCELLANEOUS ACTIONS 14. PLANNING COMMISSION AGENDA FOR DECEMBER 10, 1998. Receive and file. 15. REQUEST TO CONVERT PART -TIME LIBRARIAN II TO FULL - TIME LIBRARIAN I. Approve the reallocation of funding within the library budget to convert the part -time Librarian I1 (R034) position to a full- time Librarian I (1180). 16. Item removed. from the Consent Calendar by Council Member Adams. 17. REVIEW OF LIABILITY EXPOSURE ISSUES (contd. from 11/09/98). Receive and file. 18. AMENDMENT TO CITY COUNCIL POLICY H -1, HARBOR PERMITS (EXCEPTIONS TO THE HARBOR PERMIT POLICIES). Approve amendment to Section 24, "Exceptions" of Council Policy H -1. • 19. BUDGET AMENDMENT FOR CORONA DEL MAR REFORESTATION, PHASE II. Approve Budget Amendment (BA -026) in the amount of $35,000 to fund a Phase II reforestation of the City parkway trees that are located on East Coast Highway in Corona del Mar. 20. ADDITIONAL FIELD MAINTENANCE FUNDING. Approve Budget Amendment (BA -025) in the amount of $70,200 to fund field maintenance operations in Account 3130 -8080 for the remainder of the fiscal year. 21. USED OIL OPPORTUNITY GRANT. Receive and file. 22. CITY HALL REMODELING AND APPROVAL OF BUDGET AMENDMENT (BA -030). Approve the remodeling of a portion of the City Hall lobby to provide for staff and Councilpersons' work stations, remodeling of the Mayor's office, and the construction of a secretary's desk. 23. ELECTRIC VEHICLE PROGRAM PROGRESS REPORT. Approve the report summarizing the progress of the City's electric vehicle program for submittal to the South Coast Air Quality Management District. 24. ACCEPTANCE OF EASEMENTS AND CERTIFICATION OF ABANDONMENT OF EASEMENTS WITH RESUBDIVISION NO. 1041, BAYVIEW LANDING. Accept the offer of dedication of an easement for sidewalk purposes as shown on Parcel Map No. 95 -137; accept the offer of dedication of an easement for waterline purposes as shown on Parcel Map • No. 95 -137; accept the rededication of East Coast Highway and Jamboree Road as shown on Parcel Map No. 95 -137; and certify abandonment of easements as noted on Parcel Map No. 95 -137 and authorize the City Clerk to execute the certification. Volume 52 - Page 242 INDEX Tower (38) Planning (68) Personnel/ Librarian (66) Police Liability Exposure (70) Policy H -1/ Harbor Permit Policies (51/69) BA -026 Corona del Mar Reforestation (40/44) BA -025 Field Maint. Funding (40/44) Used Oil Grant (44) BA -030 City Hall Remodeling (35/40) Electric Veh. Program (44) Resub 1041/ Bayview Landing (84) • • City of Newport Beach City Council Minutes December 14, 1998 25. SALE OF PROPERTY ON SEASHORE DRIVE BETWEEN 32ND STREET AND 33RD STREET ADJACENT TO 109 32ND STREET. Approve the sale of City -owned property at 32nd Street and Seashore Drive to Mr. Max Morgan for $7,836.48 cash to the City; and authorize the Mayor and City Clerk to execute a grant deed transferring the property to Mr. Morgan once $7,836.48 has been deposited with the City. 26. SETTLEMENT AGREEMENT FOR MICHAEL FARAH; APPROVAL OF BUDGET AMENDMENT. Approve Budget Amendment (BA -029) to appropriate $120,000 from the CIOSA loan appropriation reserve to Account No. 7432- C510006 for grading, reconstruction of noise attenuation walls along the easterly side of MacArthur Boulevard, sidewalk repair and construction of a site drainage structure. Motion by Mayor Pro Tern Thomson to approve the Consent Calendar, except for those items removed (10 and 16), and noting Council Members Ridgeway and Adams' abstention on Item 1 (for the approval of the November 23,1998 minutes only). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 16. PUBLIC SIGNAGE PROGRAM FOR BALBOA PENINSULA. Council Member Adams stated his support for public signs throughout the City, but expressed his concern that the signs proposed for the Peninsula are introducing yet another different type of sign. He noted the staff report which mentions three sign programs on the Peninsula, as well as the different signs used throughout the City. He stated that the various signs have different letter types, different colors and lack consistency in appearance. Council Member Adams stated that he feels there is a need for City -wide directional signs. He thinks the City should be looking at City -wide signage treatment and not just a new program with a unique sign type for the Peninsula. In addition, he also stated he does not care for the design of the new signs being proposed for the Peninsula. Council Member Adams suggested that, if the City Council wants to approve the signs being proposed for the Peninsula, that a prototype of the sign first be constructed. He feels this will give the City Council an opportunity to see the sign before full implementation and will also allow the fabricator of the sign to identify any problems in design. Council Member Adams, however, would prefer that the signs City -wide first be studied. Council Member Ridgeway stated that his District is dearly in need of signs, adding that it is especially critical for the commercial and tourist areas to be • adequately signed. Council Member Ridgeway went on to describe the signs, as presented in the staff report. Assistant City Manager Wood confirmed for Council Member Ridgeway that Volume 62 - Page 243 INDEX Sale of Property/ Seashore Dr. (73) BA -029 Settlement Agreement — Farah (40) Signage Prog./ Balboa Peninsula (68) • • • City of Newport Beach City Council Minutes December 14, 1998 no signs have been ordered yet, either temporary or prototype, pending City Council action. Council Member Ridgeway stated that Balboa Village, McFadden Wharf, Cannery Village, Lido Marina Village and the peninsula, as a whole, are unidentified at this time. He agrees with Council Member Adams that a City -wide uniform sign criteria is needed, but he said the Peninsula needs the signs now to direct traffic and identify the commercial villages. Motion by Council Member Ridgeway to approve the construction of one prototype sign, both the pole and the signboard itself, using the "Balboa Village" wording and the Balboa Village icon. Council Member Adams expressed his discomfort with bringing new signs into the City with such a variety already. Council Member Noyes confirmed with Assistant City Manager Wood that these signs were not reviewed by the Arts Commission, but were reviewed at a public meeting and by the Merchants Association in Balboa Village. The motion carried by the following roll call vote: Ayes: Glover, Thomson, Debay, Noyes, Ridgeway, Mayor O'Neil Noes: Adams Absent: None Abstain: None 10. SEISMIC RETROFIT OF BALBOA ISLAND BRIDGE (C- 3212). Council Member Ridgeway confirmed with Public Works Director Webb that the action before the City Council tonight was to approve the retrofitting of the bridge and not to approve any new additional walkways. Motion by Council Member Ridgeway to approve plans and specifications for bridge seismic retrofit; award Contract No. 3212 to Traylor Bros., Inc., for the total base bid plus additive bid item in the amount of $2,388,697.15 and authorize the Mayor and City Clerk to execute the contract; authorize a $230,000 construction reserve amount to pay for any unforeseen work; approve an amendment to the City's existing construction management agreement with Dokken Engineering, and authorize the Mayor and City Clerk to execute the amendment; approve a Budget Amendment (BA -031) to appropriate funds from additional Contributions Fund revenue to Account No. 7251- C5100067 in the amount of $1,465,550; and direct staff to prepare designs, plans and specifications and obtain permits for pedestrian walkways to be added to both sides of the bridge and approve a Budget Amendment (BA -031) transferring $30,000 from the General Fund Account No. 7013- C5100019, Street, Alley & Parking Lot Striping, to Account No. 7013- C5100067 to provide for this design. Without objection, the motion carried by acclamation. Volume 52 - Page 244 INDEX C -3212 C -2804 BA -031 Seismic Retrofit of Balboa Island Bridge (38/40) • City of Newport Beach City Council Minutes December 14, 1998 IiN1)�►:/ Christine Morgan presented each of the City Council members with a binder of information regarding the City's animal shelter. Ms. Morgan has learned that the City's animal shelter is primarily a veterinarian and, secondly, a shelter, and is not adequately providing for the animals. Ms. Morgan feels that the City's animal shelter should be similar to the Mission Viejo facility with a large volunteer base. Mayor O'Neil stated his awareness of the issue and explained that since the item was not on the current agenda, no action could be taken by the City Council at the current meeting. Council Member Noyes requested that the City Manager bring a report back to the City Council regarding the City's current operation and how animal control is handled. Acting City Manager Danner confirmed that Police Chief McDonell is working on a response to the requests made by TAGS (Tailwaggers Adoption Group Services of Newport), and that the response would probably take at least thirty days. Tina Seri explained that TAGS is in the process of becoming a non - profit organization and has the desire to see a new pro -life animal shelter in Newport Beach. Ms. Seri explained that the current animal shelter is only a veterinary office that is allowing the City to use some of its cages for lost or • stray animals. She feels that animals need more to become adoptable, and that Newport Beach needs a new facility and not just improvements to the existing facility. Greg Ruzicka, 1620 Kings Road, stated that he feels that Newport Beach deserves an animal shelter in keeping with its reputation of excellence. His law firm is working with TAGS to help it become incorporated and non- profit. Mr. Ruzicka suggested that the City Council form a citizen's advisory committee on the issue to make a more formal proposal. Sharon Cody, 27472 Capricho, former Mayor of the City of Mission Viejo, discussed the pro- humane shelter built in her City. She stated that the shelter has a staff of nine full-time employees with a volunteer force of 100 people, who last year performed 30,000 hours of service. Of the 2,000 animals impounded last year, 95% were placed in homes. She stated that the animals are cared for and prepared for adoption, Kevin Rameaur, 80 Shearwater Place, stated that he is originally from Oregon, where he was a volunteer for an organization that helped stray animals. Mr. Ramsaur said that animal lovers, in general, are a very helpful group and that anything associated with animal rights will generate a lot of public support. Mr. Ramsaur also offered his services as a web developer. Julie Madison, Balboa Peninsula, briefly stated her support for TAGS and expressed appreciation to the City Council for taking the time to listen to the • comments. Molly Gulledge stated that she had only recently heard about TAGS, but that she had already received many calls in support of the program. Volume 52 - Page 245 • • City of Newport Beach City Council Minutes December 14, 1998 Tom Erickson referred to the binder that had been presented to the City Council earlier in the evening. He specifically went through the photo pages to show the comparisons between the Mission Viejo facility and the Newport Beach facility. Pam Plotkin, 509 315 Street, stated that she would support the new center as a volunteer. She expressed the current problem she has with stray cats at her property. Sandy Taylor requested that the item be placed on a future City Council agenda. Carol Wessley, 40 Balboa Coves, stated her opposition to the ordinance to abandon the feeding of wild birds. Ms. Wessley was informed that the introduction of the ordinance had already been approved during the Consent Calendar, but would be before the City Council again on January 11, 1999, for adoption. Council Member Noyes confirmed with Acting City Manager Danner that the Police Department is completing a full report on the issues brought up in regards to the animal shelter. Council Member Noyes requested that the report include the economics and logistics of the current operation. Council Member Ridgeway further suggested that staff contact Mr. Ruzicka to discuss the economics of a humane animal shelter. Council Member Debay also suggested that information from Mission Viejo be included in the packet, as well as the feasibility of working on a new shelter jointly with area cities. PUBLIC HEARINGS 27. BALBOA ISLAND BAYSIDE BUSINESS IMPROVEMENT DISTRICT (FORMERLY MARINE AVENUE BUSINESS IMPROVEMENT DISTRICT) RENEWAL AND EXPANSION FOR 1999 CALENDAR YEAR. Council Member Noyes excused himself from voting on the item due to a conflict of interest. Senior Planner Christy Teague reported that the City received a total of 47 protests, representing 29% of the assessment. In response to Council Member Debay's inquiry about the process involved to include Bayside and Bay Front in the Balboa Island Bayside Business Improvement District (BID), Senior Planner Teague stated that a vote was taken at a BID meeting to expand the boundaries and create an outreach program. Senior Planner Teague referred the City Council to the President of the BID for specs on what the outreach program included. Senior Planner Teague confirmed for Council Member Ridgeway that the proposed new members of the BID have not paid any assessments yet, but if the expansion were approved, they would be billed at the next billing cycle. Volume 52 - Page 246 INDEX Marine Avenue BID (27) City of Newport Beach City Council Minutes December 14, 1998 • Senior Planner Teague could not confirm the percentage of protests from each of the three areas (Marine Avenue, Bayside and Bay Front), but thought they were fairly evenly dispersed. Council Member Ridgeway requested that the numbers be provided. Mayor O'Neil suggested that staff be given the opportunity to make the calculations at the current meeting, possibly continuing the item to later in the evening, if necessary. Mayor Pro Tem Thomson inquired further about the process involved in bringing the new areas into the BID. Senior Planner Teague stated that the BID voted to include the new areas and then the areas received, by mail, the resolution of intention and the two public notices. Mayor O'Neil opened the public hearing. Joe Raymond, operator of a business at 202 Marine Avenue, stated his support for the continuation of the Balboa Island Bayside Business Improvement District. John Robinson stated his support for the BID and :Feels that Marine Avenue has been greatly improved due to its formation. Mr. Robinson further stated that few people realize the work involved in forming and sustaining a BID, and he thanked the City Council and the City staff for their part in making • the BID so successful. Mr. Robinson responded to Council Member Adams' question about the outreach that was done by stating that the new businesses were invited to the meeting, some were spoken to personally and all received letters. Council Member Adams suggested that more businesses may have supported the BID if they had been personally contacted. Jack Callahan stated that two things occurred at the same time, the Board voted on the expansion while feedback was being received from businesses in the expansion area. Mr. Callahan stated that the outreach program is now occurring, and that the interest to include them is out there. Mr. Callahan believes that those that don't support the BID often don't know what it really does. Mr. Callahan responded to Council Member Debay's question regarding the range that businesses pay to belong to the BID, by stating that it is between $25 and $300, or $400, annually. The fee is based, in part, on the benefit received. Nancy Kelly, president of the Balboa Island Bayside BID, stated that the reason the BID was considered for expansion was because the outside areas asked to be a part of it. She stated that businesses on Agate Avenue were the first to approach the current BID members. Ms. Kelly stated that the Board decided that the expansion made sense since the two key connection • points to the Island are Bayside and Bay Front. She stated that they all impact each other. Ms. Kelly also assured the City Council that the outreach program will continue, and has been ongoing since September. Volume 52 - Page 247 INDEX City of Newport Beach City Council Minutes December 14, 1998 INDEX • Council Member Ridgeway asked Ms. Kelly about the number of businesses in each of the three areas. She responded that, in round numbers, there are 85 businesses on Marine Avenue, 30 on Agate /South Bay Front and 65 on Bayside, for a total of 180 businesses. Ms. Kelly confirmed for Council Member Ridgeway that she was aware that the shopping center on Bayside already belonged to a merchants association, but that one of the main goals of the BID for the upcoming year was to deal with the parking problem in the area. She indicated that many of the visitors of Balboa Island park in the shopping center's lot. Ms. Kelly further pointed out that the Balboa Island bridge retrofit project will impact both the Island and the Bayside/Marine Avenue intersection. Ms. Kelly referred Council Member Ridgeway to Senior Planner Teague regarding the notification to The Irvine Company. There being no further public testimony, Mayor O'Neil closed the public hearing. Mayor O'Neil reminded the City Council of the computations requested at the beginning of the meeting. Council Member :Ridgeway stated that he quickly totaled the number in opposition in the Bay Front area to be 14, and with only 30 businesses in the area, this represents nearly 50 %. • Council Member Ridgeway stated that he is in full support of the BID for Marine Avenue, but that he is concerned about the process used to include the Agate, Bay Front and Bayside areas. Motion by Mayor Pro Tem Thomson to adopt Resolution No. 98 -81 renewing the Business Improvement District, confirming the Annual Report and levying the BID assessment for calendar year 1999. Council Member Adams asked if the BID could bring the new areas in mid- year, if they chose to. Assistant City Attorney Clausen stated that there are provisions in the BID laws that provide for changes during the year. Council Member Adams asked about the metered parking on Bayside that was mentioned in the staff report. Senior Planner Teague answered that the BID has been working with the City on possibly having metered parking on one side of the street. Council Member Ridgeway reiterated that he is not opposed to including the new areas in the BID, but that with the information before him, he has difficulty voting for their inclusion at this meeting. He mentioned the letters of protests and the lack of information on how the new areas had been outreached. Assistant City Attorney Clausen stated that due process has been followed. Mayor O'Neil stated that the City Council seems to be concerned about the • lack of involvement the new areas had in the process, even though the technical notices may have been sent. Senior Planner Teague stated that in the Agate/Bay Front area there were Volume 52 - Page 248 Volume 52 - Page 249 City of Newport Beach City Council Minutes December 14, 1998 INDEX • 13 verified protests out of 36 businesses, in the Bayside area there were 12 protests out of 38 businesses and in the Marine Avenue area there were 22 protests out of 88 businesses. Assistant City Manager Wood stated the changes to the resolution would need to be made if the motion carries. She mentioned that the title would need to read: "A resolution of the City Council of the City of Newport Beach renewing the Marine Avenue Business Improvement District, confirming the annual report and levying the assessments at a modified rate for the 1999 calendar year ". Assistant City Manager Wood suggested that the first three recitals would not need to be changed, but that a new recital should be added to state: "whereas the City Council has determined that the boundaries should not be expanded at this tune ", and the words "and expanded" should be removed from the fourth recital. She stated that the fifth and sixth recital should be deleted. Assistant City Manager Wood stated that Section 1 should have the words "and expansion" deleted, and that throughout the resolution the BID should be renamed the Marine Avenue BID. She stated that Sections 3 and 4 should also be deleted. Mayor Pro Tem Thomson accepted the changes to the resolution in his • motion. The motion carried by the following roll call vote: Ayes: Glover, Thomson, Debay, Adams, Ridgeway, Mayor O'Neil Noes: None Absent: None Abstain: Noyes 28. NEWPORT BEACH RESTAURANT IMPROVEMENT DISTRICT Res 98 -82 ANNUAL RENEWAL. Newport Beach Restaurant Mayor O'Neil opened the public hearing. BID (27) There being no public testimony, Mayor O'Neil closed the public hearing. Council Member Ridgeway asked who the President of the BID was, and Senior Planner Teague responded that it was David Salisbury of the Newport Landing Restaurant. Motion by Council Member Glover to adopt: Resolution No. 98 -82, renewing the Newport Beach Restaurant Improvement District confirming the Annual Report and levying the BID assessment for calendar year 1999. Without objection, the motion carried by acclamation. • 29. PUBLIC HEARING ON THE APPLICATION OF IMH/1CH DOVE Ord 98 -28 STREET (APPLICANT) FOR GENERAL PLAN AMENDMENT NO. 98- Res 98 -83 1(13), PC AMENDMENT NO. 877, TRAFFIC 13TUDY NO. 117 AND GPA 98 -1(B)/ Volume 52 - Page 249 City of Newport Beach City Council Minutes December 14, 1998 . MODIFICATION NO. 4731 [1401 DOVE STREET] — A REQUEST TO PERMIT THE CONSTRUCTION OF A TWO-STORY 26,122 SQUARE FOOT COMMERCIAL OFFICE BUILDING BUILT OVER A PARTIALLY SUBTERRANEAN PARKING LOT. THE PROJECT INVOLVES THE APPROVAL OF: A) A GENERAL PLAN AMENDMENT AND PC AMENDMENT TO INCREASE THE SQUARE FOOTAGE ENTITLEMENT IN BLOCK E OF NEWPORT PLACE PLANNED COMMUNITY; B) A MODIFICATION TO PERMIT REDUCTION OF THE PARKING REQUIREMENT RATIO FROM 1 SPACE FOR EACH 225 SQUARE FEET TO i SPACE FOR EACH 250 SQUARE FEET OF NET FLOOR AREA; AND C) A TRAFFIC STUDY. Assistant City Manager Wood stated that this item would provide for an amendment to the general plan that would increase the amount of entitlement to this block by approximately 26,000 square feet. She stated that the Planning Commission has recommended approval. Assistant City Manager Wood pointed out that the Planning Commission approved one parking space for each 231 square feet of net floor area, not for each 250 square feet as stated in the staff report. Council Member Debay commented that she was pleased to see the shifts in employee work hours so that their commutes didn't fall during the peak travel periods. • Mayor O'Neil opened the public hearing. Craig Cooper, representative of the Impact Company, stated that his company is trying to consolidate their business from three locations to one site. He also added that in addition to the shift in work hours, the company has an active rideshare program. Assistant City Manager Wood responded to Council Member Ridgeway's question about the improvement that will take place at MacArthur Blvd. and Jamboree Road by stating that a free right turn lane will be added from northbound MacArthur to northbound Jamboree. Public Works Director Webb stated that the details of the improvements will be worked out at a later date. Council Member Ridgeway again requested that the entire circulation plan in the Bristol area be reviewed in light of potential future development. Council Member Ridgeway stated that substantial fairshare fees will be needed to make the required levels of improvements in the area. There being no further public testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Glover to adopt Resolution No. 98 -83 approving General Plan Amendment 98 -1(B); introduce Ordinance No. 98 -28, an amendment to the Newport Place Planned Community, and pass to second . reading on January 11, 1999; and sustain the action of the Planning Commission and approve the applications related to the General Plan and Zoning Amendments, subject to the findings, mitigation measures and conditions as modified by the Planning Commission: 1) the acceptance of a Volume 52 - Page 250 01�• Newport Place Planned Community (45) Volume 52 - Page 251 City of Newport Beach City Council Minutes December 14, 1998 INDEX . Negative Declaration; 2) Modification No. 4731; and 3) Traffic Study No. 117. Council Member Adams stated that he felt this particular project is not guilty, but that what they're doing is something a developer could do to expand their property beyond the entitlements of the Traffic Phasing Ordinance (TPO), without tripping the TPO. Council Member Adams stated that this issue was discussed in the TPO committee, but not addressed. He added that he agrees with Council Member Ridgeway that the larger issue of traffic in the area needs to be considered. Council Member Ridgeway confirmed with Assistant City Manager Wood that a business still has to pay mitigation fees even when the TPO is not tripped. City Attorney Burnham responded to Council Member Glover's question about the problem presented by Council Member Adams by stating that the accumulation of all the projects in a twelve -month period are looked at. Mayor O'Neil suggested that when the TPO is looked at again, maybe the accumulation length reported should be increased. Council Member Glover asked to meet with City Attorney Burnham regarding the concept. Mayor Pro Tem. Thomson feels that the issue does need to be addressed and • that too many projects are being considered. Without objection, the motion carried by acclamation. 30. RESOLUTION NO. 98-84 ORDERING THE VACATION AND Res 98 -84 ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAY Vacation and ALONG THE EASTERLY SIDE OF JAMBOREE ROAD AND THE Abandonment/ NORTHERLY SIDE OF FORD ROAD ADJACENT TO THE Right -of -way! FORD/LORAL DEVELOPMENT. Jamboree Rd./ Ford Road Council Member Adams confirmed with Public Works Director Webb that (90) the developer is doing the roadway work for the median closure and the sidewalk and curb and gutter extension. Mayor O'Neil opened the public hearing. There being no public testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Glover to adopt Resolution No. 98 -84 ordering the vacation and abandonment of portions of unused right -of -way along the easterly side of Jamboree Road and the northerly side of Ford Road adjacent to the Ford/Loral development; and direct the City Clerk to have the resolution recorded by the Orange County Recorder. Without objection, the motion carried by acclamation. . 31. PUBLIC HEARING ON THE FY 1999 -2000 COMMUNITY CDBG DEVELOPMENT BLOCK GRANT (CDBG) APPLICATION AND Application/ REVIEW OF 1997 -98 ANNUAL PERFORMANCE REPORT. Performance Volume 52 - Page 251 • City of Newport Beach City Council Minutes December 14, 1998 INDEX Report (87) Council Member Adams stated that he will be abstaining from voting on the item if the preparation of the FY 1999 -2000 application involves the funding of the mixmaster contract. Assistant City Manager Wood confirmed for Council Member Ridgeway that the consulting contract will be paid for from the CDBG fund. Assistant City Manager Wood confirmed that the City Council is looking at the performance report for 1997 -98 and the application for 1999 -2000 only, and that the current year is not being discussed at this time. Council Member Glover stated that the money for Newport Elementary came out of the General Fund, but that it could have qualified for CDBG funding. She mentioned the correspondence from Newport Heights Elementary School, requesting funding, and asked that this be studied to see if the requests qualify for CDBG funding. Assistant City Manager Wood stated that she has started to investigate if Newport Heights Elementary School would qualify. She will also look at the boundaries of the school, since it includes portions of Costa Mesa. She confirmed for Council Member Glover that she will also attempt to use the exception criteria, and will check with the Housing & Urban Development (HUD) to see if this is possible. . Council Member Ridgeway asked how the Peninsula qualifies by area benefit. Assistant City Manager Wood answered that the usual criteria in the HUD regulations is that 51% of the population must be of lower or moderate income, and that since Newport Beach does not have areas that meet this criteria, the City is allowed to use the exception criteria which drops the percentage to 29. Council Member Ridgeway stated that he felt it was time for the school district to float a bond. Mayor O'Neil opened the public hearing. Wendy Thompson, 441 El Modena, stated that she works with Project Playground, a project to replace the existing playground equipment. Ms. Thompson requested that the City allocate $30,000, or more, from next year's CDBG budget to Newport Heights Elementary School for improvements to the school site. She said they will target items that provide benefit to the students, and also the neighborhood and surrounding properties. Iry Dawson, 378 Lapearl Place, Costa Mesa, requested that if money is available through the CDBG fund, that a portion of it be allocated to Newport Heights Elementary School. He would appreciate seeing improvements to the school and the surrounding area. • Council Member Debay suggested that Mr. Dawson might also want to go to the Costa Mesa City Council with the same request. Council Member Ridgeway mentioned the success of fund raising, citing the Volume 52 - Page 252 • • City of Newport Beach City Council Minutes December 14, 1998 private foundation at Newport Elementary as on example, and offering Mr. Dawson the assistance of the foundation. Council Member Ridgeway also suggested that Mr. Dawson go to the Newport/Mesa Unified School District to request that they seek a bond issue. Council Member Ridgeway lastly stated that the improvements to Newport Elementary were done in areas of public right -of way, while the improvements at Newport Heights Elementary are sought for on -site areas. There being no further public testimony, Mayor O'Neil closed the public hearing. Motion by Council Member Ridgeway to direct staff to prepare the draft FY 1999 -2000 CDBG application for City Council review and approval at a public hearing tentatively scheduled for March 22, 1999. The motion carried by the following roll call vote: Ayes: Glover, Thomson, Debay, Noyes, Ridgeway, Mayor O'Neil Noes: None Absent: None Abstain: Adams 32. RECOMMENDATION FROM THE PLANNING COMMISSION TO FORM A STUDY GROUP TO REVIEW RESIDENTIAL DEVELOPMENT STANDARDS IN CORONA DEL MAR. Motion by Mayor O'Neil to approve the Planning Commission's recommendation and designate Mayor O'Neil as the Council representative for the group. Without objection, the motion carried by acclamation. 33. TIDELANDS ADMINISTRATION ISSUES. Mayor O'Neil introduced the item, and stated that he agrees there is a need to re- examine how the City administers its tidelands areas, how permits are issued to the commercial areas on an annual basis, what the status of the leases are, how compliance is enforced on the permits that are issued, whether further lease agreements should be entered into and whether appraisals should be done. Council Member Glover suggested that another bullet be added under Goals of this Review, page 11 of the staff report, to state "fair and considerate cost ". She also stated that she would like to see some criteria set for the long term tideland leases before they are brought to the City Council. Lastly, she stated that she does not want to see the residential pier fees increased or a new tidelands administrator position added. Council Member Ridgeway requested a report on the specific revenue received from Lido Marina Village. He said that when he has been at the site, he has counted about 100 boats at the marina, and feels there is a Volume 52 - Page 253 INDEX Residential Development Standardsin Corona del Mar (68) Tidelands (51) • City of Newport Beach City Council Minutes December 14, 1998 discrepancy on the actual number of boats have been approved. Mayor Pro Tern Thomson requested that a map of the various tidelands areas be included in the staff report when then comes back to the City Council. Council Member Ridgeway requested that a better report on the Girl Scout House be provided to the City Council at a future Study Session. Mayor O'Neil reminded Council Member Ridgeway that this item was not agendized for this meeting and would need to be brought up at another time. Motion by Mayor O'Neil to receive and file the report; and set January 25, 1999 as the date for a City Council Study Session on this matter. Without objection, the motion carried by acclamation. 34. TIDELANDS TRUST AND SENATE BILL 573. Mayor O'Neil briefly summarized the staff report. City Attorney Burnham stated that the City would retain title to the properties, but they would be determined to be trust assets and the revenue from the trust assets would be required to be placed in the tidelands fund. • Council Member Adams asked if the list of properties is subject to approval by the State Lands Commission. City Attorney Burnham confirmed that this was true, and that the State Lands Commission has indicated that the City has made a good first effort, but commitment has not been made as to the list and its compliance with SB 573 issues. City Attorney Burnham responded to Council Member Ridgeway's question by providing some of the history of the tidelands events and the Beacon Bay Bill of 1978. City Attorney Burnham stated that SB 573 modifies the Beacon Bay Bill to, in part, require the City to show that the trust assets are of equal utility to Beacon Bay. Council Member Ridgeway confirmed with City Attorney Burnham that the Beacon Bay Bill allowed residential use in Beacon Bay. Council Member Ridgeway suggested that properties not be transferred to the tidelands commission until a determination is made on Marina Park. He stated that if Marina Park is determined to be tidelands, then he would like residential to be allowed there also. City Attorney Burnham stated that the City has a deadline of December 31, 1998, to submit the list of properties to the State Lands Commission. He believes that deferral of any City property to the trust would violate the spirit of SB 573. Assistant to the City Manager Kiff stated that Curtis Fossom, legal advisor • to the Commission, feels that the City's list is a good first effort and he appreciated the City acting on this prior to the deadline. Mr. Fossom would probably ask for an extension after the list was submitted and the negotiation process begun. Volume 52 - Page 254 INDEX Res 98 -85 Tidelands Trust/ SB 573 (48151) City of Newport Beach City Council Minutes December 14, 1998 isCouncil Member Ridgeway confirmed with City Attorney Burnham that the Commission makes the decision as to if the properly is of equal utility. City Attorney Burnham feels that if the list is submitted, with reference to Marina Park, it would suggest that the list is not a good faith effort and extension may not be offered. Council Member Ridgeway stated that he is not asking for Marina Park to be added now, only that an extension is asked for. Council Member Debay asked if mobile homes are considered to be permanent residential use. City Attorney Burnham stated that the Commission would have the opinion that mobile homes are essentially the same as single- family dwellings. City Attorney Burnham feels that negotiations would be more difficult with other legislation. He feels the City is acting in good faith and will be in a better position later to go back to the Commission. Council Member Adams confirmed with City Attorney Burnham that any negotiations that alter the list or change the resolution would come back to the City Council. Motion by Council Member Glover to adopt Resolution No. 98 -85 • transferring, conveying, and quitclaiming 11 properties, parcels and/or waterways to the City itself in its capacity as Trustee of the Tidelands Trust. Without objection, the motion carried by acclamation. MOTION FOR RECONSIDERATION — None ADJOURNMENT — The meeting was adjourned at 9:20 p.m. to Monday, January 11, 1999, at 3:00 p.m. The agenda for the Regular Meeting was posted on December 9, 1998, at 2:20 p.m. on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. /1: i[L6. W64L4i City Clerk Volume 52 - Page 255 INDEX