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HomeMy WebLinkAbout01 - MinutesOctober 26, 1998 Agenda Item # 1 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 12, 1998 - 7.00 p.m. CLOSED SESSION - 5:30 p.m. INDEX CLOSED SESSION REPORT PRESENTED Mayor Edwards announced that, in Closed Session, the City Council voted to settle the Gregory Kim Carlson claim in the amount of $4,999.99, by the following vote: Ayes: Debay, O'Neil, Glover, Noyes, Mayor Edwards Noes: Hedges, Thomson Absent: None Abstain: None RECESSED AND RECONVENED AT 7:00 P.M. FOR REGULAR MEETING ROLL CALL Present: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards Absent: None Pledge of Allegiance - Council Member Hedges. Invocation by Chief Chaplain George Vogel, VA Medical Center of Long Beach. Presentation by CAST (Child Abuse Services Team). Jan Grotewald with CAST presented the City Council with a book of poetry by Marianne Gillespie. Ms. Grotewald discussed the involvement of the City of Newport Beach Police Department with the CAST program, specifically Sergeant Mike McDonough, Officer Todd Hughs, Officer Shontel Sherwood and Officer Jay Winn. Police Chief Bob McDonell provided additional information about the goals of the CAST program and its success in reducing the trauma of abused children. Ms. Gillespie read a poem from her book. Mayor Edwards thanked the representatives of CAST and the Police Department for their efforts. Presentation by the Airport Working Group of Orange County, Inc. (AWG). Tom Naughton, AWG President, thanked the City Council for their foresight in making the El Toro issue a top priority. Mr. Naughton presented the City Council with a plaque as a token of appreciation for their support in securing Orange County's economic future by supporting the development of an airport at El Toro. Mayor Edwards confirmed the City Council's long -term commitment to this endeavor. MATTERS WHICH COUNCIL MEMBERS WOULD LIKE PLACED ON A FUTURE AGENDA FOR DISCUSSION, ACTION OR REPORT (NON- Volume 52 - Page 189 City of Newport Beach City Council Minutes October 12, 1998 DISCUSSION ITEM): • Council Member Glover requested that staff contact the City of Costa Mesa and work with them to put some pressure on Caltrans to clean up the sides of the 55 freeway as it is always cluttered with trash. • Council Member Hedges requested that at the next. meeting Council discuss setting a date certain for when the new City Council members will be seated subsequent to the November 3M election. • Council Member Debay requested that staff return with a report on the status of the negotiations with IRWD. • Council Member Debay reported on the success of the West Newport Community Pride Clean-up Day and thanked the organizers and volunteers. • Mayor Edwards recognized and congratulated Lindsay Davenport for being ranked the #1 women's tennis player in the world. • Mayor Edwards welcomed the City of Costa Mesa on board with the Orange County Regional Airport Authority (OCRAA). • Mayor Edwards requested that staff bring back a report on when the City can expect to receive funds from the bankruptcy proceedings. CONSENT CALENDAR READING OF MINUTES /ORDINANCES AND RESOLUTIONS 1. MINUTES OF THE REGULAR MEETING OF SEPTEMBER 28, 1998. Waive reading of subject minutes, approve as written and order filed. 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. RESOLUTION FOR ADOPTION 3. Item removed from the Consent Calendar by Mayor Pro Tern O'Neil. CONTRACTS AND AGREEMENTS 4. ASSIGNMENT OF LANDSCAPE MAINTENANCE CONTRACT. Approve the assignment of C -2160 to California Landscape Maintenance, a Division of TruGreen LP. 5. EXECUTIVE SEARCH FIRM — CITY MANAGER. Retain the firm of Shannon Associates to begin the recruitment of a new City Manager and approve a budget amendment (BA -014) in the amount of $22,500 for an award of contract for these services. Volume 52 - Page 190 INDEX C- 2160/Landscape Maintenance (38) BA -014 City Manager Search Firm (35/40) City of Newport Beach City Council Minutes October 12, 1998 MISCELLANEOUS ACTIONS 6. PLANNING COMMISSION AGENDA FOR OCTOBER 8, 1998. Receive and file. 7. Item removed from the Consent Calendar by a member of the public. 8. HUMAN SERVICES GRANTS. Approve the human services grants in the amount of $25,000. 9. CORONA DEL MAR MEDIAN REHABILITATION. Approve a budget amendment (BA -015) in the amount of $11,000 to fund the rehabilitation of the landscaping and irrigation systems of three medians located on Eaet Coast Highway near Marguerite Avenue in Corona del Mar. 10. CITY OWNED VEHICLES FOR COMMUTING PURPOSES. Direct staff to continue the elimination of commuter vehicles where feasible or to take other action as appropriate; and direct staff to revise Council Policy J (Designated Assignment of Unassigned City Hall Vehicles) as required by Council direction. 11. Item removed from the Consent Calendar by Council Member Debay. Motion by Mayor Pro Tem O'Neil to approve the Consent Calendar, except for those items removed (3, 7 and 11). Without objection, the motion carried by acclamation. ITEMS REMOVED FROM THE CONSENT CALENDAR 3. VACATION AND ABANDONMENT OF PORTIONS OF UNUSED RIGHT -OF -WAY ALONG THE WESTERLY SIDE OF OCEAN BOULEVARD IN CORONA DEL MAR (contd. from 9/28/98). Mayor Pro Tom O'Neil requested a brief staff report, mentioning that several people in the audience were present for the item. City Attorney Burnham stated that the request by the property owners at 2735 and 2741 Ocean Boulevard is to abandon some of the right -of -way along Ocean Boulevard adjacent to their properties. He stated that this is an unused portion of right -of -way but that the City still has concerns regarding the preservation of views. He added that restrictive covenants would give the City the ability to insure that landscaping is maintained in a way that does not impact public views. City Attorney Burnham clarified for Mayor Edwards that the restrictive covenant for 2735 Ocean Boulevard allows for the maximum height of vegetation to be 54 inches, but could go to 60 inches if the Public Works Director determines that there would be no impact on the views. City Attorney Burnham stated that the restrictive covenant for 2741 Ocean Boulevard provides for a 3 -foot limit on the height of the existing vegetation, Volume 52 - Page 191 INDEX Planning (68) Human Services Grants (40) BA -015 Corona del Mar Median Rehab. (44/40) Commuting Vehicles/ Policy J -2 (69) Res 98 -66 Vacation & Abandonment/ Ocean Blvd. (90) City of Newport Beach City Council Minutes October 12, 1998 INDEX with the exception of the pine trees. Frank Remer, 210 Goldenrod, began by stating that his property is not adversely affected by the request. He discussed information provided in his memorandum to the City Council, dated October 7, 1998, and the agreement between the City and the property owner at 2735 Ocean Boulevard, dated June 8, 1972. Mr. Remer confirmed for Council Member Hedges that his concern is for the public views over the roofline to be protected, as per the agreement made in 1972. Iient Moore, 2502 Ocean Boulevard, disagrees with a separate agreement being made for 2735 Ocean Boulevard and the allowance of the palm trees that were recently planted in the public right -of -way adjacent to the property. He agrees with Mr. Remer that the property owner at 2735 Ocean Boulevard has not adhered to the 1972 agreement. Mr. Moore requested that the item be continued until a comprehensive study can be performed that will require uniformity on the issue of public right -of -ways. Luvena Hayton, 235 Poppy, representing the Corona del Mar Chamber of Commerce, referred to the letter from Ron Yeo, dated October 11, 1998. She requested that the City Council deny the request to abandon the public right -of -way. City Attorney Burnham confirmed for Council Member Debay that the area under discussion is along a steep slope. Carter Wurts, 2700 Ocean Boulevard, stated that he feels there is already some guidance in existing City policies regarding the maintenance of public views and the enhancement of streetscapes. He requested that the City Council direct staff to develop a comprehensive plan to meet the needs of the City, the affected property owners, the neighbors and the general public. City Attorney Burnham responded to Council Member Hedges' question about the property at 2735 Ocean Boulevard by stating that the flat portion of the roof is about four feet below the top of the sidewalk. John Hamilton, 2735 Ocean Boulevard, stated that there was no sidewalk at the site prior to the building of his home. He stated that the hardscape and landscape were part of the building permits approved prior to construction, and that his attempt is to protect the privacy of his home, while still maintaining the open view. Mayor Pro Tem O'Neil asked Mr. Hamilton if the conditions proposed by staff are acceptable. Mr. Hamilton stated that he has a concern about meeting the 54 -inch landscape height requirement because it would not insure privacy ill his home. Mr. Hamilton added that even 62 inches would not affect the view, because it is still below the height of his roof. Public Works Director Webb confirmed for Mayor Pro Tern O'Neil that, depending upon the height of an individual, Mr. Hamilton's statement is Volume 52 - Page 192 City of Newport Beach City Council Minutes October 12, 1998 true. INDEX Council Member Debay asked for photos of the area, which Mr. Hamilton provided. Mr. Hamilton responded to Mayor Edwards' question about the property's height limits if the home was built today, by stating that the roof could be four feet higher than the current home's, making the discussion of the hedge a non- issue. Council Member Glover confirmed with Mr. Hamilton that the pictures illustrate compliance with the 1972 agreement. Mayor Edwards confirmed with Mr. Hamilton that he is comfortable with the language that limits the height of the landscaping to 54 inches above the sidewalk unless the Public Works Director determines that up to 60 inches will not impact the view. Mr. Hamilton responded to Council Member Debay's question about the appearance of the right -of -way, by stating that it is a sloped area that consists of a driveway, some steps and a walkway, and a retaining wall that created the sidewalk. Mr. Hamilton added that all of this was approved in 1972. Alice Remer, 210 Goldenrod, stated that at her height, 5' 3 1/2 ", the current landscaping is adequate for her to see the harbor and the ocean. She stated that 48 inches maintains both the view and Mr. Hamilton's privacy. Ms. Remer stated that 54 inches would limit her view and requested that the height limit be set at 48 inches as a standard, with allowance for up to 54 inches. Mayor Pro Tern O'Neil noted that the abandonment of the area under discussion did not originate at Mr. Hamilton's request, but at the request of Phil Sansone of the Corona del Mar Homeowners Association. Mayor Pro Tern O'Neil agrees with Mr. Sansone that the views on Ocean Boulevard need to be protected and enhanced. He stated that upon the request of Mr. Sansone, they looked at the City's current policies regarding the maintenance of landscaping at a height that does not interfere with the views. Mayor Pro Tem O'Neil also worked with the City Attorney and decided that a comprehensive study was needed, but that the process could begin with the restrictive covenants written for these two properties. He stated that the properties being abandoned provide no public benefit and further, by abandoning them, the City loses the liability of the parcels, receives the tax benefit of adding them to the tax roll and benefits by having restrictive covenants in place that are enforceable. He stated that he will still call for a comprehensive plan for the protection of the views and landscaping in the area. Motion by Mayor Pro Tern O'Neil to adopt Resolution No. 98 -66 ordering the summary vacation and abandonment of unused right -of -way along the westerly side of Ocean Boulevard adjacent to 2735 and 2741 Ocean Boulevard in Corona del Mar; direct the City Clerk to have the resolution Volume 52 - Pagel 193 City of Newport Beach City Council Minutes October 12, 1998 recorded by the County Recorder; and establish height of landscaping to be allowed at a height of 54 inches above the sidewalk unless the Public Works Director determines that a 60 -inch hedge would not impact water views from the sidewalk by a person of average height. Council Member Hedges noted that the decision on this issue is one of balancing interests. He stated that the motion provides for that balance, protecting the public views while still allowing the property owner some degree of privacy. Without objection, the motion carried by acclamation. RECONSIDERATION OF BAYFRONT ENCROACHMENT AT 400 CLUBHOUSE DRIVE. Larry Iiirschenbaum, 406 1/2 Clubhouse Drive, stated that City files show that in 1995, the Public Works Department notified Hal Baerg, owner of the property at 400 Clubhouse Drive, that he must clean up the property. Mr. Kirschenbaum also referred to several internal City memorandums discussing the issue and the lack of compliance by the property owner. He then referenced a letter from the City to Mr. Baerg, dated August, 1997, requesting that the existing planter and wooden bench be removed, but that the remaining encroachments would be allowed to remain. Additional correspondence was referenced that indicates the City is still in the process of working on enforcement of the request. Mr. Kirschenbaum confirmed for Mayor Edwards that he is requesting staff to comply with the City Council request of 1995. Hal Baerg, 400 Clubhouse Drive, owner of the property since 1988, stated that the property has remained as it was when he purchased it, except for the planting of some trees. He stated that he knew of the 10 -foot easement on the property, but did not know that it referred to public right -of -way. He stated that parking in the area is a problem and that he currently uses the easement to park his vehicle. Mr. Baerg presented photos showing the old seawall. He asked about the intent for the use of the easement if he is not allowed to park there. City Attorney Burnham responded to Mayor Edwards' question about the legal basis for the restrictions, by stating that the 10 -foot easement was intended for public access and not just public utilities. City Attorney Burnham stated that people do use the area for public access and that adjacent properties have kept the public access ways clear, Council Member Hedges asked City Attorney Burnham and Public Works Director Webb various questions about the property and confirmed prior statements. Motion by Council Member Hed¢es to affirm the denial of Hal Baerg's appeal, the owner of 400 Clubhouse Drive, to retain a driveway with brick pilasters, a wood deck, planters and a wood bench within the City's 10 -foot wide easement adjacent to the Rivo Alto constructed in excess of 10 years Volume 52 - Page 194 INDEX Bayfront Encroachment/ 400 Clubhouse Dr. (65) City of Newport Beach City Council Minutes October 12, 1998 ago. The denial was based upon the findings (1 -12) outlined in the staff report, dated October 12, 1998. Without objection, the motion carried by acclamation. 11. IMPROVEMENTS TO THE CITY COUNCIL CHAMBERS. Council Member Debay requested that Assistant to the City Manager Kiff provide an update on the information he obtained from the City of Tustin and Comcast and Cox. Assistant to the City Manager Kiff stated that the staff report proposes several improvements to the Council Chambers and then prioritizes them based on funds available. He stated that the voting machine and the audio upgrades should be done first, and bids have already been sought. He stated that staff has also met with Comcast and Cox, per the Legislative Committee's direction, regarding their financial support of a new remote camera system. Comcast has pledged $25,000, and both Comcast and Cox have responded favorably. Assistant to the City Manager Kiff stated that the camera installation would be about a $100,000 project. Mayor Edwards stated that he couldn't understand why Comcast and Cox wouldn't want to pay for the entire project. Motion by Mayor Pro Tern O'Neil to amend the FY 1998 -1999 budget to appropriate $15,000 (BA -016) for the installation of a new audio system in the City Council Chambers; direct staff to bid, select, and oversee the installation of Priorities One and Two (a new voting system and audio system) by the end of December 1998 with a not to exceed cap of $40,000 for both components; and direct staff to seek bids on a remote camera and production facility and to include within FY 1999 -2000 budget process. Mayor Pro Tem O'Neil stated that, with his motion, he is only directing staff to seek bids for the camera system. He stated that he plans to meet with Comcast and Cox personally to increase their support of the system. Council Member Tom Thomson stated that he has received numerous complaints about Comcast and some about Cox, and that he is looking forward to 2002 when the agreements with the two will expire and the City will have the power to make some changes. Council Member Glover confirmed with Acting City Manager Danner that $25,000 has already been budgeted for a new voting system and further action by the City Council on that amount is not needed. Acting City Manager Danner stated that staff is recommending that the audio system be done in conjunction with the voting system for an additional cost of $15,000, although he added that the actual cost of the audio system could be closer to $10,000. Council Member Hedges asked what initiated the discussion on replacing the audio system and adding remote control cameras. Assistant to the City Manager Kiff stated that remote cameras would reduce the discussion by Volume 52 -Page 195 INDEX Urew. Council Chambers Improvements/ Voting & Audio Systems (33/40) City of Newport Beach City Council Minutes October 12, 1998 "ha camera personnel that detracts from the City Council's activities. Assistant to the City Manager tuff stated that it was brought up at a Legislative Committee meeting. Mayor Pro Tern O'Neil remembers the discussion, which included a discussion about the lights in the Council Chambers. He feels that remote cameras would facilitate the City Council meetings. Amended motion bi, Maior Pro Tern O'Neil to amend the FY 1998 -1999 budget to appropriate $15,000 (BA -016) for the installation of a new audio system in the City Council Chambers; and direct staff to bid, select, and oversee the installation of Priorities One and Two (a new voting system and audio system) by the end of December 1998 with a not to exceed cap of $40,000 for both components. Council Member Hedges argued that $15,000 for a sound system should be a part of the budget checklist. Mayor Pro Tem O'Neil stated that the audio should be done at the same time as the voting system. Assistant to the City Manager Kiff added that the sound consultant suggested replacing the audio system. Council Member Noyes suggested that the motion should be to appropriate $10,000 for the installation of a new audio system, since a bid in this amount has already been received. Mayor Pro Tom O'Neil further amended his motion to appropriate $10,000 for the installation of a new audio system in the City Council Chambers; and direct staff to bid, select, and oversee the installation of Priorities One and Two with a not to exceed cap of $35,000 for both components. The amended motion carried by the following roll call vote: Ayes: Thomson, Debay, O'Neil, Mayor Edwards Noes: Hedges, Glover, Noyes Absent: None Abstain: None PUBLIC COMMENTS Peter Tarr, President of the West Newport Beach Association, thanked the people who worked at the Community Pride Day in West Newport. He listed several people and mentioned the involvement of the City and Armstrong Nursery, all contributing to help the neighborhood. Cheryle Eichel, President of the Newport Beach Employees Association, stated that she is a user of the City's carpool program. She objected to the elimination of the use of City vehicles for carpooling purposes, and stated that parking spots for City employees have already been decreased due to the increase of visitor spots and the addition of electric vehicle parking at the City Hall site. She stated that taking away the City carpool vehicles will only increase the number of vehicles driven to City Hall, thus decreasing the Volume 52 - Page 196 City of Newport Beach City Council Minutes October 12, 1998 INDEX number of parking spots available to employees. Luvena Hayton, 235 Poppy, confirmed with the City Council that funds were appropriated to the Corona del Mar median earlier in the evening. CURRENT BUSINESS 12. ORANGE COUNTY MUSEUM OF ART BANNERS. Orange County Museum of Art Public Works Director Webb stated that the Musuem of Art is asking to Banners/ install the banners for a period of ninety days, but that the City does receive Encroachment requests for banner installation on this section of roadway from other Permit entities. He stated that staff feels the thirty -day period would be more (65) appropriate. Council Member Debay confirmed with Public Works Director Webb that if no one requested to place banners in the same location as the Museum of Art banners, that the period could be extended by renewal, in thirty -day increments, up to the ninety -day period. Naomi Vine, 50 Villa Point Drive, Director of the Orange County Museum of Art, requested that the 12 -month renewal be approved. She stated that the museum is hard to find and the banners help out greatly. She also requested that the banner request for an upcoming special exhibition be approved. She stated that she would agree with Council Member Debay's suggestion of removing the museum banners if other requests were received for the ninety -day period. Lastly, Ms. Vine requested that the temporary banners for the special exhibition be approved at a size larger than is normally approved. She stated that no problems with this larger size have been experienced in the past, but they are much more effective in publicizing the event. Motion by Council Member Glover to approve a 12 -month renewal of the Encroachment Permit for the eight private banners on San Clemente Drive and authorize the Public Works Director to approve future annual renewals; and approve the installation of private banners (3' wide x 8' high) on Newport Center Drive East[West ( "Ring Road ") for ninety consecutive calendar days with conditions. Without objection, the motion carried by acclamation. 13. UNSCHEDULED VACANCY ON THE CITY ARTS COMMISSION AND Arts Commission APPOINTMENT BY MAYOR OF AN AD HOC APPOINTMENTS Vacancy COMMITTEE. (24) Motion by Mavor Edwards to remove the item from the calendar. Without objection, the motion carried by acclamation. 14. BID (BUSINESS IMPROVEMENT DISTRICT) ADMINISTRATION. BID Administration (27) Assistant City Manager Wood stated that the request of the Finance Volume 52 -Page 197 City of Newport Beach City Council Minutes October 12, 1998 Committee and the BID Coordinating Committee is to have the City match the assessments received from the businesses, which totals approximately $140,000. She stated that there are several options before the City Council, including the BID Coordinating Committee's preference that the funds be used for administration and projects. Assistant City Manager Wood stated that regardless of the funding approved, staff feels that the RFP should be prepared and the BID Coordinating Committee should be formalized. Assistant City Manager Wood responded to Council Member Glover's inquiry about future BIDs by stating that any funding approved would be for existing BIDs only. Additionally, Assistant City Manager Wood stated that the City Council would need to review and approve BID administration proposals and that the actual cost is not yet known. Council Member Hedges stated that the City Council has the ability to include future BIDs in the motion if it desires. Assistant City Manager Wood confirmed for Council Member Debay that the $140,000 would pay, for the BID administration as well as the projects. Assistant City Manager Wood confirmed for Mayor Edwards that identifying the split between administration and projects would be better to do after the proposals are received. Motion by Council Member Noyes to approve matching City funds for BIDs and direct staff to return to the City Council with associated costs for administration and projects; direct staff to prepare and circulate an RFP for BID administration; and direct staff to prepare a City Council Resolution to establish a BID Coordinating Committee. Council Member Hedges stated his surprise that the Newport Harbor Area Chamber of Commerce was not present at the meeting to voice its support., on behalf of the business community, for the City's participation in the BID program. Council Member Noyes stated that the Chamber of Commerce as well as the Visitor's Bureau were very active in the process and are a part of the BID Coordinating Committee. Council Member Hedoes offered an amendment to the motion to include future BIDs as part of the original motion. Council Member Noyes accepted the amendment. Without objection, the motion as amended carried by acclamation. 15. PURCHASE OF BALBOA THEATER — 707 EAST BALBOA BOULEVARD. Dayna Pettit, Balboa resident, President of the Balboa Theater organization, stated that she has been actively involved with the issues in Balboa for approximately twenty years. She feels that the area has been successful in many improvements, but that many residents dont visit downtown Balboa Volume 52 - Page 198 INDEX Balboa Theater Purchase/ 707 East Balboa (73)