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HomeMy WebLinkAbout02/26/1996 - Regular MeetingROLL CALL • Present • • CITY OF NEWPORT BEACH REGULAR COUNCIL MEETING PLACE: Council Chambers MINUTES ,J, wtt¢Q ?Awwo O u7 W } m w m u w >� °¢ u x TIME: 7:00 P.M. DATE: February 26, 1996 I Closed Session - 5:00 p.m. Closed Session [Refer fo separate agenda from City Attorney] Closed Session Report Presented (it applicable). None. ADJOURNED REGULAR MEETING - 6:00 P.M. x x x x x x x ROLL CALL 1. Council Policy Review (69 ) City Manager Murphy explained that the supplemental staff report contains changes to policies that were submitted for Council review on February 12, 1996. He further explained that last year the Council received a completely rewritten policy book. A -2 - Boards and Commission Appointments Reference to "legislative body" changed to "City Council' throughout the document for consistency reasons. A -4 - Community Service Recoanitfon Awards Mr. Murphy explained that the last paragraph was deleted in order to standardize the presentation of awards. He also explained that staff is currently drafting a policy dealing with employee service recognition awards and will bring it back for Council approval at a later date. A -6 - Open Meeting Policies Mr. Murphy explained the change to subsection 2 (c) (ii) to modify the agenda to include one area for the Council to request that items be added to a future agenda. The quotation in the subsection was modified to parallel the language proposed in subsection 5. In reference to the items proposed to be removed from the Consent Calendar (personnel vacancies, denial of claims, rejection of claims, and disposition of claims or settlements), Mr. Murphy indicated that this information will be transmitted to Council in a different form, perhaps through the weekly newsletter. Volume 50 - Page 63 NDEX ROLL CALL • • • CITY OF NEWPORT BEACII J �y W I p u, M MQU MWwo W } g2UL9X N W W >F- °¢ February 26, 1996 A -10 - Procedural Rules for the Conduct of City Council Meetings Subsection 4.F. "Reconsideration" was modified to clarify that motions for reconsideration are limited to either the same meeting or the preceding meeting only. In order to comply with the Brown Act, a section will be added to the agenda entitled, "Motions for Reconsideration." D -1 - Press Relations No comments. F -1 - Statement of Investment Policy Mr. Murphy indicated that the Local Agency Investment Fund (LAIF) is still available. F -2 - Reserves /Deslanations of Fund Balance In addition to the proposed changes, the terminology "unappropriated surplus" was changed to "unappropriated funds." F -18 - Publicly Owned Pay Telephones Mr. Murphy explained that the additional change is that the Utilities /Public Works Committee approve the final location for all pay phones. F -19 - Voice -Mail General Policy Mr. Murphy stated that Mayor Hedges has requested that staff also draft an e-mail policy that is in compliance with the Brown Act and the Public Records Act. Mayor Hedges suggested that the modifications may be able to be made in the open meeting policy. Council Member Cox requested that staff draft policies regarding the use of video or voice conferencing when Council Members are absent. G -1 - Retention or Removal of Park and Parkway Trees Mr. Murphy stated that the Parks, Beaches and Recreation Commission approved the amendment to the policy to remove the Standing Tree Committee and delegate the authority to staff with appeal to the Commission. Volume 50 - Page 64 MINUTES INDEX Council Policy Review ROLL CALL 0 • CITY OF NEWPORT BEACH MINUTES H w ZAwwo I Q WA=uo3 } ¢ W t7 W > °¢ Febniary 26, 1996 I K -1 - General Plan Council Policy The Council discussed the current noticing Review procedures and requirements and determined that this is an area that should be addressed during the comprehensive zoning ordinance review and consideration given to adding it to the municipal code and removing it from the policy manual. L -1 - Sidewalks. Curbs. and Gutters No comments. L -2 - Driveway Approaches No comments. L -4 - Private Streets No comments. L -5 - Street and Sidewalk Improvements No comments. L -6 - Private Encroachments in Public Riahts -of -Way No comments. L -10 - Sound Attenuation Walls No comments. L -12 - Oceanfront Encroachment Policy The Council discussed using the local construction index for the annual fee adjustments rather than the consumer price index however no change was made. L -15 - Encroachments on Public Sidewalks Public Works Director Webb clarified that the sidewalk dining policy /ordinance to be considered later does not change this policy. Volume 50 - Page 65 NDEX ROLL CALL • 0 CITY OF NEWPORT BEAC H MINUTES H W ?owwo ownxuux Q } Cr w U w > °¢ r February 26, 1996 NE L -16 - Temporary Banners Extendina Over the Council Public Riaht -of -Way Policy Review Mr. Webb indicated that it takes approval from Caltrans to install a temporary banner in the medians in Corona Del Mar. Mr. Murphy also explained that banners notifying the general public of a community -wide event are allowed with certain provisions (i.e. open to the general public without charge, conducted by a non - profit corporation or organization, and co- sponsored by the City of Newport Beach). L -17 - Establishment of Curbside Bus Stop Zones Deleted No comments. L -17 - Water Service Outside of the City (New) No Comments. L -19 - leased Street liahfs No comments. M -2 - Liahtina Systems on Private Streets (Deleted) In response to concerns raised by the Council, Mr. Murphy indicated that staff and the County are in the process of developing a policy related to the installation of telecommunication systems. Council also discussed the possibility of setting standards for installation of cable boxes and policies on electric utility purchases. L -20 - Wafer Rates Concerns were raised about the changes to the policy (elimination of 4 and 6). The policy indicates that the City's water rates provide sufficient revenue to offset various costs and the proposed changes deletes items 4) the transfer of $100,000 to the Future Water Sources Reserve; and 6) the transfer of $200,000 to the Water Quality Improvement Reserve. City Manager Murphy indicated that the proposed policy will provide adequate reserves. Volume 50 - Page 66 IEX ROLL CALL Motion All Ayes Present 40 Motion All Ayes Motion All Ayes • CITY OF NEWPORT BEACH ,J, w�MQ N W > w w >� February 26, 1996 Public Comments Dolores Offing questioned what the cost is to provide water for two months; voiced concern about taking the word "Finance" out of the department name that deals with finance; questioned how the public would access the information taken off the agenda related to claims, personnel vacancies, etc.; asked if the Council follows the policy that states that if they are disqualified from voting on an item that they leave their seats; and asked where the public can pick up copies of the closed session agenda and when the Council reports on actions taken in closed session. X Mayor Pro Tem Debay moved to approve the policies as discussed. REGULAR MEETING - 7:00 P.M. x x x x x x x ROLL CALL Mayor Pro Tern Debay recognized the Youth Council for their part in planning the Student Government Day. Mayor Pro Tern Debay also recognized three Public Works employees, Vince Lockyer, Jim Delicce, and Jeff Sankey for their actions during the February 22, 1996 sewage spill. Public Works Director Webb gave a brief overview of the circumstances surrounding the sewage spill, the actions taken by the three workers, and explained that the spill was not caused by the City of Newport Beach, but was a result of a malfunctioning switching system of the Orange County Sanitation District. Mayor Hedges commended the crew on behalf of the entire Council. X Reading of Minutes of Regular Meeting of February 12, 1996, was waived and approved as written, and ordered filed. X Reading in full of all ordinances and resolutions under consideration was waived, and City Clerk was directed to read by titles only. MATTERS WHICH A COUNCIL MEMBER WOULD LIKE STAFF TO REPORT ON AT A SUBSEQUENT MEETING: None. Volume 50 - Page 67 MINUTES INDEX Council Policy Review ROLL CALL Motion All Ayes • CITY OF NEWPORT BEACII MINUTES H w Z I � Cl: M Wg2U(93 } QQ W February W W O W >r J Cl: 26, 7996 I MATTERS WHICH A COUNCIL MEMBER MAY WISH TO PLACE ON A FUTURE AGENDA FOR ACTION AND STAFF REPORT: • Mayor Hedges requested that discussion and action be scheduled for March 11, 1996 regarding his State of the City proposal. • Council Member Glover requested that staff establish a Code of Civility or Decorum for commissions and committees to be brought back for Council approval. She said that once the code is approved, if the members of the commissions do not want to accept them, they should resign so they can be replaced. She said that civility is the tone that the Council wants to set. City Manager Murphy indicated that staff would bring this item back to Council in two weeks and requested that Council Member Glover work with the staff to develop the code. CONSENT CALENDAR X The following Items were approved, except for those items removed (2,4 and 8): ORDINANCES FOR INTRODUCTION Schedule for public hearing on March 11, 1996: 2. Removed from the Consent Calendar. 3. Proposed ORDINANCE NO. 96 -7 Ord 96 -' Zoning AMENDING CHAPTER 20.76 OF THE NEWPORT (94 ) BEACH MUNICIPAL CODE TO ALLOW TIME- SHARE PROJECTS IN COMMERCIAL DISTRICTS [PLANNING COMMISSION AMENDMENT NO. PCA 842 842]. RESOLUTIONS FOR ADOPTION 4. Removed from the Consent Calendar. 5. Resolution No. 96 -19 of intention to approve the Central CENTRAL BALBOA BUSINESS IMPROVEMENT DISTRICT BID /Res 1996 -97 FISCAL YEAR ANNUAL REPORT at a public (27/68) hearina scheduled for March 11, 1996. 6. Resolution No. 96 -20 of concurrence declaring PW MESA DRIVE BETWEEN IRVINE AVENUE AND BIRCH Res 96- STREET TO BE A COUNTY HIGHWAY. (74 ) CONTRACTS AND AGREEMENTS 7. RECYCLING CONTRACT (NO. 2807) FOR CR CRTrans TRANSFER (CRT), INC. - Approve subject contract C -2807 for the processing of solid waste for recyclables. (3 8 ) I J Volume 50 - Page 68 NDEX Bal 96 -19 fer CITY OF NEWPORT BEACH MTNTTTF.q ROLL CALL ~ Z 0 W 3p¢gQXOF~- WA - w =OU W d3 February 26, 1996 INDEX 8. Removed from the Consent Calendar. 9. CLAIMS - For Denial by the City Manager. (3 6 ) Diane Donovan for damages sustained on August 15, 1995, alleging she was rear -ended by a City employee that was negligently operating a motor vehicle on the property located at San Joaquin and Jamboree; seeking $14,500 for damages, out - of- pocket expenses, medical special and general expenses. Bryan S. C. Fraser for damages sustained on January 1, 1996, alleging that a palm tree on the property located at the comer of 4th Street and E. Balboa Boulevard broke off at the base, fell and damaged his 1995 Ford Ranger, seeking $1,283.20, the cost not covered by his automobile insurance. James Parker Huston for damages sustained on September 4, 1995, alleging that he sustained a broken ankle while skateboarding, as the wheels of his skateboard struck an irregular elevation between the gutter and road surface on property located at 1851 Port Seaborne Place; seeking the • following damages: $7,405.75 medical expenses to date, estimated future medicals of $1,000 and general damages for pain and suffering in the amount of $25,000. Eileen R. MacDonald for property damages sustained on January 23, 1996 at 107 Highland Street, alleging that a City truck hit and broke her front yard fence; seeking reimbursement for repairs of $443. Sav -on Moving for damages sustained on February 3, 1996 alleging that the comer of his truck box was damaged from a tree limb hanging over 1344 Sussex Street; seeking reimbursement of $7,526.71 for repairs and truck rental costs. Nironjan and Bharati Shah for damages sustained between the second and fourth weeks of November 1995, alleging that heavy equipment used by the Alba Construction Company caused shaking which resulted in some items falling from the shelves and walls and breaking on the property located at 9225 Hays River Circle, • Fountain Valley; seeking reimbursement in the amount of $177. 10. PLANNING COMMISSION AGENDA - February 22, (68) 1996. Volume 50 - Page 69 CITY OF NEWPORT BEACH MINUTES ROLL CALL ~ Z o N W xmmX0V_ W } ; W _ ° w X February 26, 1996 INDEX 11. REPORT ON POLICIES RELATING TO THE HUMANE (68 ) • RELOCATION OF ANIMALS DISPLACED BY NEW DEVELOPMENT - Receive and file (informational only). 12. GENERAL PLAN AMENDMENT 96 -1 - Request to GPA 96 -1 initiate various amendments to the Newport Beach (45 ) General Plan, as follows: A. Circulation Element - Master Plan of Bikeways - To reflect changes which have resulted from the construction of the San Joaquin Hills Transportation Corridor (SR73) and the elimination of MacArthur Boulevard /Avocado Avenue one -way couplet. B. Temple Bat Yahm - 1011 Camelback Street - To increase the allowed development of the temple site to allow for the adoption and implementation of a facility master plan. The project includes the acquisition of additional land and the potential increase of 40,000 sq. ft. to the existing • facility. C. Cantanzarite /Summerhouse - To revise the boundary between the Retail and Service Commercial and Single Family Residential boundaries which is required as a result of the alteration of lot lines between the two properties. D. Zoning Code Re -write - Amendment of the General Plan and Local Coastal Program, Land Use Plan as necessary to allow for the comprehensive re -write of the Zoning Code. E. General Plan Update - To amend the General Plan Elements and the Local Coastal Program, Land Use Plan as part of the periodic review of the City General Plan Program. 13. MARIAN BERGESON AQUATIC CENTER RENTAL FEE C -2761 SCHEDULE - Approve fee schedule. (38/62) 14. WITHDRAWAL OF USE PERMIT 3571 (2600 East Coast U/P 3571 • Highway APPLICATION FOR "BRICKS" RESTAURANT (88) (JOHN MCLAUGHLIN, APPLICANT) - Receive and File. Volume 50 - Page 70 ROLL CALL • M* CITY OF NEWPORT BEACH J r...� W I to M 0� It MWWo W >- Q Q 'n W (9 T °Q U W > U r X February 26, 1996 15. GOALS FOR 1996 - Approve implement for top Council goals. 16. BUDGET AMENDMENTS BA -030, $7,748 - Appropriate u donations from California State Library for part-time salaries (LIBRARY ADMINISTRATION). BA -031, $30,000 - Appropriate from Te Reserves for the improvement of tei (COMMUNITY SERVICES). ITEMS REMOVED FROM THE CONSENT CALENDAR 2. Proposed ORDINANCE NO. 96 -6, AMENDING CHAPTER 20.72 (RE: OF THE NEWPORT BEACH MUNIC TO ALLOW SPECIALTY FOOD SERVI HAVE LIMITED ALCOHOLIC BEVEL [PLANNING COMMISSION AMENI 839]. Council Member Watt questioned whc something the City wants to go forward time based on the letters that have bee expressing concern for the number of lic in the city. She also noted that BPPAC that this item be rescheduled due concerns, therefore she requested that held until the questions raised by parties can be addressed. In response to Council Member GIOVE Director Temple indicated that the typical use permit is approximately $ further noted that staff issues permits fc food service businesses, however th Commission would have to approve c including beer or wine service. Dan Marcheano, President of the Association, spoke in support of the stating that the specialty food restc looking for ways to bring the nei residents into their establishments. X Mayor Pro Tem Debay moved to Ordinance No. 96 -6 and set the public March 11, 1996. Volume 50 - Page 71 MINUTES INDEX ition plans (33 ) (40) nexpected o be used SERVICES Ennis Court mis courts TAURANTS) IPAL CODE CE USES TO AGE SALES )MENT NO. other this is with at this n received luor outlets has asked to similar his item be - oncemed r, Planning -ost for a 1400. She or specialty a Planning pplications Restaurant proposal urants are )hborhood introduce hearing for Ord 96 -6 Zoning (94) I PCA 839 CITY OF NEWPORT BEACH MINUTES ROLL CALL ~ Z o 1 3pMM w } ; W _ 0 ° W ; m February 26, 1996 INDEX n x After discussion about the appropriate time to make amendments to the ordinance, Council Member Glover moved to amend the motion to include a provision to the ordinance which would allow live entertainment limited to no more than three (3) individuals performing without amplified sound. In response to Council Member Watt, Ms. Temple indicated that a business would be classified as a "bar" if it derives more than 30% of its total gross annual revenues from the sale of alcoholic beverages. All Ayes The amendment to the motion carried unanimously. Ayes x x x x x x The main motion carried with Council Member Wait Noes x voting no. 4. Proposed Resolution No. 96.18 supporting renewal Offshore oil of the OFFSHORE OIL DRILLING MORATORIUM AND Drilling FEDERAL LEGISLATION TO PROVIDE LONG TERM Res 96 -18 PROTECTION FROM OFFSHORE OIL DRILLING; and (87 ) authorizing a financial contribution of $2,000 to the • OCS Coalition. City Manager Murphy reported that there are five other cities that have indicated their support of the moratorium. Motion x Council Member Edwards moved to adopt kll Ayes Resolution No. 96 -18 supporting renewal of the moratorium and to authorize a financial contribution of $2,000 to the OCS Coalition. 8. EL PASEO STORM DRAIN PROJECT (CONTRACT NO. El Paseo Stn 3047) - Approve the plans and specifications, and Drn Prj authorize the City Clerk to advertise for bids for the C -3047 construction of the project. (3 8 ) City Clerk Harkless reported that on February 26, 1996 letters were received from Jack Benson, Construction Resources and Consulting; and the law firm of Valentino, Ives & Keating representing the Bahia Corinthian Yacht Club, voicing concerns about the project. Based on these letters, City Manager Murphy requested that this item be continued to March 11, • 1996 to allow staff time to meet with the concerned parties. lotion x Council Member O'Neil moved to continue this X11 Ayes Rem to March 11, 1996. Volume 50 - Page 72 CITY OF NEW]PoRT BEACH ROLL CALL W W ZAWW° o Cr Cr Wca M ¢ w �' w -J ~ ¢ February 26, 1996 INDEX PUBLIC HEARINGS 17. Continued public hearing regarding MORGAN GPA 95-3(E) DEVELOPMENT, 507 -519 ORANGE AVENUE, GENERAL (45 ) PLAN AMENDMENT NO. 95 -3(E), RESUBDIVISION NO. 1021, SITE PLAN REVIEW NO. 75, AND MODIFICATION TO THE ZONING CODE. City Clerk Harkless reported that on February 26, 1996 two letters were received from Jerry Tucker, and Ann Peters, Ted Jarvis and Suzanne Shuler, in support of the proposed project. Planning Director Temple gave a brief overview of the proposed project pointing out that the original request was for an increase in the permitted density of development from four units to eight units; a limitation in the permitted floor area of 1.37 times the Buildable Area of the site; and a 1 foot 10 inch encroachment into the required 6 foot 10 inch side yard setback on 15th Street. She explained that this hearing was continued from January 22. 1996, at the request of the applicant, and the applicant has subsequently eliminated one of the • units bringing the proposed project to seven units. She pointed out that all other aspects of the project are the same and it is the first application for multi - family residential (MFR) in West Newport. She also explained that on December 7, 1995 the Planning Commission considered the project with eight units as originally proposed and approved the request. Mayor Hedges opened the public hearing. APPLICANT Tod Schooler, Architect, 500 N. Newport Boulevard, gave a brief overview of the steps they have been through to process their application. He indicated that they have solved all the issues dealing with: 1) uniqueness of the lot; 2) does the project fit the character of the neighborhood (compatibility); 3) is there enough land (density): 4) the bulk of the building; and 5) parking and traffic. Mr. Schooler pointed out that the project includes the addition of curb and gutter, a new alley, handicapped • parking spaces and 29 parking spaces for seven Volume 50 - Page 73 } CITY OF NEWPORT BEACH MINUTES ROLL CALL ,-� Z I Cfl W 3 WgMU3 } m w m U w 0o - February 26, 1996 INDEX units. He said the project is more in line with single GPA 95-3(E) • family housing and they want to maintain the characteristic of the neighborhood by only building 1 and 2 story structures. He further noted that since the project is designed with a lower floor area ratio they have been able to include more landscaping, private yards, grassy areas, and a meandering sidewalk. OPPONENTS Stacy Wise, 3233 Broad Street, reported that the neighbors are still concerned about the increase in population and would prefer to see the number of units reduced to six, although they appreciate the reduction in the number of units. She also voiced concerns with the loss of street trees, especially a cedar tree, and asked if efforts could be made to save the cedar tree. Shari Rooks, 3308 Clay Street, referring to a petition submitted earlier, requested that the Council keep in mind the wording on that petition. She said she is opposed to increasing the density, would prefer the R -2 zoning, however might consider an extra • unit per lot for a total of six units. Carl Carver, 3239 Broad Street, said that if the density is increased beyond R -2 it will change the character of the neighborhood and he is opposed to that. REBUTTAL Tod Schooler, Architect, 500 N. Newport Boulevard, explained that the property has been for sale for six years and he believes it has not sold because of the location of the lots. He said he would like to save the cedar tree, however it may conflict with a handicap ramp. He said that based on a marketing study it was determined that in order to make the project work financially they could not reduce the number of units to less than seven. He explained the difference in this project and others proposed for Broad and Clay and said he does not believe any precedent will be set because of the unique nature of this lot. • In response to Council Member Glover, Public Works Director Webb indicated that his staff will work with Mr. Schooler to try to save the cedar tree, however some compromises may have to be made. Hearing no further testimony, Mayor Hedges closed the public hearing. Volume 50 - Page 74 CITY OF NEWPORT BEACH AdTI TTTTLVC ROLL CALL Z ownmuux 3pwm } w W February 26, 1996 INDEX Council Member Glover reported that she will be GPA 95 -3 (E) • supporting the proposed project because she would not want to see businesses encroach further into the residential area. She said she would consider this to be a "rim" lot since it is between commercial and residential areas and would thus provide a buffer for the residential areas. She also pointed out the negative aspects of this lot and said she would be reticent to support MFR any further into the neighborhood because of the neighborhood attitude, however this property is not based on a grid street pattern. Motion x Council Member Glover moved to approve the Planning Commission decision of approval, as modified, on the following: 1) adopt Resolution No. 96 -21, General Plan Amendment No. 95 -3(E); Res 96 -21 Resubdivlsion No. 1021: Site Plan Review No. 75 (modified as indicated below); modification to the Zoning Code; and to introduce Ordinance No. 96 -8 Ord 96 -8 (Planning Commission Amendment No. 837) amending Title 20 to rezone the property from the "R -2" District (Two - Family Residential) to "MFR (7du) 11.37 x B.A.]" District (Multi - Family Residential). • Included In the motion are the following modifications to Site Plan Review No. 75. Finding No. 6 is revised to read as follows: "That the development, as conditioned, is compatible with the character of new and proposed residential structures In the neighborhood and will contribute to the orderly and harmonious development surrounding properties in the City." Finding No. 12 should be added to read as follows: "The exterior of all structures shall be a Cape Cod style (wood siding or shingles combined with appropriate window and roof treatment) or Mediterranean style (stucco with appropriate architectural, window, and roof treatment) consistent with new and proposed residential structures in the neighborhood." Also included in the motion is a provision that the City will work with the architect, Mr. Schooler, to try to retain the cedar tree as per the wishes of the neighborhood. Following discussion about the retention of the tree, Public Works Director Webb indicated that he feels it can be worked out so the tree can be saved. In response to Mayor Pro Tern Debay, the project architect, Mr. Schooler, indicated that the additional findings and terms are acceptable. • Mayor Pro Tern Debay spoke in support of the project based on the improvements to the area and the fact that it is a transition lot between commercial and residential. Volume 50 - Page 75 CITY OF NEWPORT BEACH ILVIa ►N Ilii ROLL CALL N Z O � 3 W } pM= g W i 0 U W U Cr February 26, 1996 INDEX Council Member Waft spoke in opposition to the • project based on the added density, etc., and stated that philosophically she doesn't feel a need to go to MFR to provide a buffer. Ayes x x x x x x The motion was voted on and carried. Noes x ORDINANCE FOR ADOPTION 18. Proposed ORDINANCE NO. 96 -5, Ord 96 -5 ' Public Nudit, AMENDING CHAPTERS 5.28, 5.97 AND 10.54 (27) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO PUBLIC NUDITY. City Attorney Burnham gave a brief overview of the ordinance. Sarah Sansevieri, Corona Del Mar, thanked the Council for their efforts to overturn total nudity in the City. She voiced her concerns about the court overturning previous ordinances and indicated that on the first Tuesday in March a meeting is . planned amongst interested citizens to see what they can do to show the owners of "Mermaids" that their business is not welcome in this community and if anyone is interested they can call their Santa Ana office. Motion x Council Member O'Neil moved to adopt Ordinance No. 96 -5. Mayor Pro Tern Debay stated that the U.S. Supreme Court is saying that pornography is free speech, therefore the changes need to take place at that level. Council Member Glover pointed out that the group referred to by Ms. Sansevieri is "Enough is Enough," and they are located in Santa Ana. k11 Ayes The motion was voted on and carried. PUBLIC COMMENTS e Bonnie O'Neil voiced concerns about Measure S, stating that the proponents are well organized and funded, and she is not sure the opponents will be able to keep up. She emphasized how much the residents of Newport Beach stand to lose if Measure S is successful and urged the residents to get involved. She asked that interested parties call 224 -5504 to get more information about getting involved. Council Member Edwards thanked Ms. O'Neil and the others involved and reported that there is a breakfast meeting scheduled for Tuesday, February 27, 1996 at the Hyatt Regency in Irvine. Volume 50 - Page 76 CITY OF NEWPORT BEACI M T 1*%Tf TT'117 c ROLL CALL H w O U7 W a: W > g w a: 2 0 0 W (9 � 3 February 26, 1996 INDEX • Tom Hyans reported that the Regional Water Quality Control Board is scheduled to vote on March 8, 1996 about pumping its treated sewage into the Upper Newport Bay. He encouraged residents to write to the agency and voice their opposition to the proposal (California Regional Water Quality Control Board, 3737 Main St., Suite 500, Riverside, California 92501 -3339, and add: cc: Regional Board, and copies will be distributed to the seven board members.) e Dolores Otting stated that one Orange County city took exception to Condition 11 -J of the joint agreement with the County of Orange on the bankruptcy and will save $260,000. She questioned whether Newport Beach would have saved money too by taking exception to 11 -J. She also addressed concerns about the revenue of the Integrated Waste Management Fund that was in the enterprise fund that may not be returned. She also addressed problems with not going out to an open bidding process on landfills, the liability involved, and future clean -up responsibilities. • Council Member Watt stated that the Santa Ana Regional Water Quality Board will be holding a • meeting regarding the Irvine Ranch Water District (IRWD) project on March 8 at 9:30 a.m., in the Council Chambers, although there is a possibility that the meeting will be continued. She suggested that anyone interested should call the Mayor's secretary (644 -3002) for information about the meeting or the IRWD project and she will call them back and answer any questions the Mayor's secretary cannot answer. • Mayor Hedges reported that his parents are visiting from out-of -town and he had this comment for them, "Mom and Dad, you are out of order." CURRENT BUSINESS 19. SIDEWALK DINING POLICY. Permits/ Sdwlk Dining John Douglas, Principal Planner, gave a brief (65/68) overview of the proposed policy and the history behind the proposal. He stated that if adopted this would be the second phase of code amendments related to outdoor dining. He explained that the first phase was the Accessory Outdoor Dining amendment which allows outdoor dining on private property without requiring additional parking or traffic studies. He said the current proposal would allow the Public Works Director to issue permits for outdoor dining on Volume 50 - Page 77 CITY OF NEWPORT BEACH MTNTTTFfi ROLL CALL Z 'WA=O Cr 3 Cr w A X W O H 3 February 26, 1996 INDEX public sidewalks subject to certain standards and Sdwlk Dining • procedures. He said there are some areas where sidewalk dining may not be appropriate due to narrow sidewalks and /or heavy pedestrian traffic and the ordinance and policy have been prepared with the intent of striking a reasonable balance between pedestrian access, public safety and business enhancement. He reported that the six issues dealing with the proposal are outlined in the report. Dan Marcheano, President of the Restaurant Association, and Marcia Dossey, President of the Newport Pier Association, spoke in support of the proposal. Motion x Mayor Pro Tern Debay moved to Introduce Ord 96 -9 proposed Ordinance No. 96.9 to establish procedures authorizing the Public Works Director to issue permits for sidewalk dining subject to certain standards and to schedule a public hearing for March 11, 1996. Mayor Hedges explained that there are two areas that staff has asked for Council direction on: 1) • fees; and 2) seating area dimensions and horizontal sidewalk clear space. For straw voting purposes, Mayor Pro Tem Debay moved to approve Option (a) for Procedures and Fees: Application fee of $50, Transfer Fee of $25, and Annual Use Fee of $350 (over 500 sq. ft.) or $200 (500 sq. ft. or less). After discussing the pros and cons of the annual use fee, the Council voted (straw vote only) to approve Option (a) with Council Members O'Neil and Glover and Mayor Hedges casting dissenting votes and speaking in support of eliminating the annual use fee. Since no alternatives to staff's recommendations for required seating area dimensions and horizontal sidewalk clear space were offered, Mayor Pro Tern Debay included in her motion the approval of Option (a), a minimum horizontal clear space of 6 feet (or 8 feet in high pedestrian traffic areas), with flexibility for exceptions approved by the Public Works Director where public safety would not be jeopardized. Council Member Edwards questioned whether the fees could be changed at the time of the public hearing and said that the • fees should not be part of the ordinance so that there is some flexibility in that area. It was clarified that the fees are not part of the ordinance and are set by resolution. Volume 50 - Page 78 CITY OF NEWPORT BEACH MT NTTrpvQ ROLL CALL W I o N Q AWw° W r Q M W 0 U W > -i¢ 0X F- February 26, 1996 INDEX yes The motion was voted on and carried. 20. NEWPORT AND BALBOA PIERS USE AND Newport /Bal REGULATIONS. Piers (62) City Manager Murphy reviewed the history of this issue that led up to the Council's adoption of an ordinance in January of 1995 permitting the City Manager to close one or both of the piers to fishing during certain hours, if necessary, to combat problems related to trash, debris, litter, vandalism, and sleeping. He also reported on the meetings that were held to try to resolve the problems. He said that after considering all the options, the following are staff's recommendations: 1) Close the piers between the hours of midnight to 5:00 a.m. to reduce the accumulation of trash and debris and vandalism to the pier and improvements. 2) Install time lapse video cameras on both piers to assist the Police Department in the apprehension of the violators. • 3) City staff to work with both concessionaires on the piers to assure their compliance with maintenance requirements in their respective agreements. 4) Step up enforcement of the regulations related to littering and fishing on the piers by incorporating additional part-time hours within the Marine Division 1996 -97 budget. 5) Work with the business associations adjoining the Newport and Balboa piers to assist them with revitalizing their respective areas to improve these areas and attract new visitors. 6) Return to the City Council, as necessary, with the appropriate implementation steps. In response to questions posed by Council, Mr. Murphy explained that it would be a sizable expenditure to construct a "cat- walk" on the pier for fishing only, as well as it could be determined to be discriminatory and may run afoul of certain • state entitlements. In regard to the video cameras, he indicated that the tapes would not be reviewed on a daily basis, however they would be Volume 50 - Page 79 CITY OF NEWRDRT BEACH M T NT TTF C ROLL CALL Z pWg2UU3 N 3pMM } W 0 W February 26, 1996 INDEX retained for a predetermined period of time and Newport /Bal • could be reviewed if incidents are reported. He Piers said the Police feel the cameras would deter vandals and provide them with means to follow -up on repeat offenders. He said they are recommending that four cameras be installed at a cost of approximately $7000 each. Council Member Edwards pointed out that BPPAC has also indicated a need to clean up the area, he feels there is a larger solution and this will only be putting a band -aid on the problem. He said that it isn't the local fishermen that are trashing the area and something needs to be done so that visitors don't feel comfortable trashing the area. John Vinardi voiced concern about the expense of the cameras and said he feels the fishermen will only vandalize them. He reiterated that the local fishermen are willing to help clean the pier. He said closing the end of the pier. would be unconstitutional and said he feels the lessee wants to monopolize the end of the pier so that he can install more tables. • Jo Hendriks, 2239 Catherine Place, Costa Mesa, said that fishing is the heritage of this city and it is being threatened by self- serving people. She questioned why the lessee would want to install more tables if his revenue is down. She presented the Council with 45 letters requesting that the pier be kept open. Mayor Hedges stressed that this issue was brought about by Council's interest in keeping the piers clean. Marcia Dossey, President of the Newport Pier Association, said she doesn't feel the recommended actions will solve the problem, but hopefully with the implementation of the business improvement district a formula can be developed to assist in this area. She said she feels the cameras will be an incentive to deter or eliminate problems, however the association has never encouraged closing the pier entirely. She spoke in support of the recommendation although stated she, too, feels it is a band -aid treatment. In response to questions posed by Council Member Edwards and • his statement that the problem is a larger one and systematic of the area, Ms. Dossey said that she does not have any suggestions of ways to solve the problems and stressed the need for synergistic attitudes between the users (fishermen, diners, walkers, etc.). She also spoke in support of having a police sub - station at the pier. Volume 50 - Page 80 r a M4 CITY OF NEWPORT BEACH MINUTES ROLL CALL H Z3mn owmMuo3 N of > W W 0o - February 26, 1996 INDEX Tom Hyans, President of Central Newport Newport /Bal • Community Association, explained some of the Piers fishermen's antics that he has witnessed and said he feels the lessee and his business have become the whipping boy in this issue. Using a request for the Community Association to pay half the cost for installation of a fence ($1,000 ) as a comparison, he urged the Council not to spend $28,000 for cameras that will be vandalized. Joe Embriano explained that the pier is used by some people to catch food and private business should not take precedence. He said he does not know of a clear cut solution, however there are some strong legal issues involved in denial of public access to local coastal areas and he plans to fight it. Richard Buenger, Santa Ana, explained that a volunteer patrol was formed and they have been policing the piers for one year and they plan to continue with their patrol. He said the problem is that the concessionaires do not clean the pier as required by their agreements. He said he feels the solution is continued policing and patrol, issuing tickets and making the concessionaires comply with the maintenance requirements of their agreements. He said he would support closing the pier from midnight to 5:00 a.m. Lou Fichoux said that the video cameras that were recently installed in the police cars should be able to be of some use to solve the problem. He spoke in support of the City Manager's recommendation. Mayor Hedges explained that the Council has been clear that they want the current ordinances enforced and questioned why the enforcement has not been stepped up before. He also said he feels the Police Department should do the enforcement and not the Marine Department and asked for information on citation history that was requested a year ago. ution x Mayor Hedges moved to approve staff recommendations 3 through 6 (as noted above) with the exception that the Police Department will be the responsible department for increased and • strict enforcement. He commended Mr. Murphy and staff for their work on this issue. Volume 50 - Page 81 CITY OF NEWPORT BEACH M T XTr TrP 10 c ROLL CALL ~ 0 � WM >- W U0X W February 26, 1996 INDEX on x Council Member Cox made a substitute motion to approve the staff recommendations as presented. Newport /Bal Piers Council Members Watt and Edwards voiced Amended concerns about Installing video cameras, therefore x Council Member Edwards amended the substitute motion to delete recommendation 2 (installation of video cameras). In response to Mayor Pro Tern Deboy, Mr. Murphy reported on the status of other piers in the area indicating that most are closed at night. To explain the rationale behind staff's recommendations, Mr. Murphy stated that the Police have to witness an infraction before they can cite and they also felt it was better to have the Police watching homes rather than the piers. Mayor Hedges said he is not advocating stationing officers on the pier, however the piers should be included as a normal part of their patrol. He spoke against the motion stating that he doesn't believe that all other possibilities have been exhausted and once the pier is closed it will be difficult to open it again. x x x x x The motion as amended was voted on and carried. N x x Mr. Murphy reported that staff will proceed with the development of an implementation procedure. 21. BALBOA PENINSULA PLANNING ADVISORY BPPAC COMMITTEE 15 POINT PLAN AND INITIATION OF (24 ) PLANNING STUDIES (request of Mayor Hedges). City Manager Murphy reported that the Council established the BPPAC to undertake the review of issues in terms of the peninsula areas. He said they came up with a list of 15 suggested solutions, all of which deal with the larger issue, however it will take time and some further refined study before implementation can begin. He said BPPAC put together a scope of work which he will review with Mr. Collins this week and on March 11th he will return to Council with a funding proposal for the first phase of the consulting planning studies to begin the implementation of the various phases of the plan. He said staff is looking for a general • reaction from the Council on the 15 point plan and general direction in which to prepare the implementation plan and budget amendment for Council consideration on March 11. Volume 50 - Page 82 CITY OF NEWPORT BEACH MINUTES ROLL CALL ,J� Zawwo0¢ o � W } ra w = OU w - 3 Febnrary 26, 1996 INDEX Council Member Glover addressed the parking BPPAC • plan issue and said that if done properly it can help the pier situation as well as traffic circulation, however noted that $30.000 would not even begin to touch these areas. She also noted that there are other areas that will need funding and questioned where the balance would be. She said there are needs in the other districts as well. Mr. Murphy indicated that staff will attempt to put together sufficient funds in the new budget to cover these areas. He also indicated that he feels that even though the plan identifies the peninsula area he feels it will provide benefits city -wide since it will focus on revitalization of commercial areas and could lead to redevelopment areas. Mayor Hedges pointed out that the committee has identified that the peninsula consumes an inordinate amount of the budget, so they feel it is important to get the peninsula producing so it does not consume so much of the resources. Council Member Cox agreed that some of the points will have city -wide benefit, however stressed the need to come to grips with some strategic • situations. He indicated that the City has looked at the traffic circulation issue before and he feels there is a need to look at tenant mix issues which will provide city -wide benefits. In response to Mayor Pro Tern Debay's questions about the recommendations submitted by the Economic Development Committee regarding McFadden Square and the Cannery, Mr. Murphy indicated that the area that will be reviewed first will be the Lido civic area and McFadden Square. Motion x Mayor Hedges made a motion to direct the City Manager to meet with the chairman of the committee to formulate a scope of work and Implementation plan for Council consideration on March 11, 1996. Council Member Glover requested that Mayor Hedges also work with the City Manager and the committee chairman based on his experience with the peninsula. • Volume 50 - Page 83 C I TY OF NEWPORT BEACH ROLL CALL ~ w ?sw'axo� owq � Q `�``jWO } ¢ W U =vas W > -'¢ February 26,1996 INDEX Al I Ayes The motion was voted on and carried. BPPAC Meeting adjourned at 10:10 P.M. The agenda for this meeting was posted on February 21, 1996 at 3:00 p.m., on the City Hall Bulletin Board located outside of the City of Newport Beach Administration Building. —\I &�) Mayor ATTEST: City Clerk �IK �diei .r v Volume. 50 - Page 84